The general assembly hereby finds and declares that the organization of a Cherry Creek basin water quality authority will: Be for the public benefit and advantage of the people of the state of Colorado; Benefit the inhabitants and landowners within the authority by preserving water quality in Cherry Creek and Cherry Creek reservoir; Benefit the […]
As used in this article, unless the context otherwise requires: “Agricultural lands” means all lands except land rezoned by a county or municipality for business, commercial, residential, or similar uses or subdivided lands. Those include property consisting of a lot one acre or more in size which contains a dwelling unit. “Authority” means the Cherry […]
The Cherry Creek basin water quality authority is hereby created. The authority shall be a quasi-municipal corporation and political subdivision of the state, with the powers provided in this article. Source: L. 88: Entire article added, p. 1030, § 1, effective April 28.
The boundaries of the authority shall be determined by the authority, subject to the following: The boundaries shall be limited to the drainage basin of Cherry Creek from its headwaters to the dam at Cherry Creek reservoir, which the general assembly hereby finds to be: Arapahoe county: Portions of sections thirty-five and thirty-six, township four […]
The following entities shall be members of the authority: Each county that has property within the authority’s boundaries shall have one member; Each municipality that has property within the authority’s boundaries shall have one member; The special districts that include in their service areas property within the Cherry Creek basin and that own and operate […]
The governing body of the authority shall be a board of directors which shall exercise and perform all powers, rights, privileges, and duties invested or imposed by this article. Each authority member shall appoint one representative and two alternates to serve on the board. The representative and alternates for the special district authority member shall […]
Each authority member, through its designated director or designated alternate acting in the director’s place, shall be entitled to one vote. Board action upon proposed waste load allocations, site location or site plans selected pursuant to section 25-8-702, discharge permits secured pursuant to section 25-8-501, amendments to the authority’s wastewater management plan, and all budget […]
Ex officio members shall be provided with notice of the authority meetings. Ex officio members shall not serve on the board. Ex officio members are not voting members. The following shall be considered ex officio members: Every conservation district of which more than two-thirds of its territory is included within the authority’s boundaries; Any other […]
The board shall fix the time and place at which its regular meetings shall be held and provide for the calling and holding of special meetings. Notice of the time and place designated for all regular meetings shall be posted at the office of the county clerk and recorder of each of the counties included […]
The board has the following powers relating to carrying on the affairs of the authority: To organize, adopt bylaws and rules of procedure, and select a chairman and chairman pro tempore; To make and pass resolutions and orders which are necessary for the governance and management of the affairs of the authority, for the execution […]
In order to accomplish its purposes, the authority has the power to: Develop and implement, with such revisions as become necessary in light of changing conditions, plans for water quality controls for the reservoir, applicable drainage basin, waters, and watershed, to achieve and maintain the water quality standards. In particular, the authority shall submit, within […]
To carry out the purposes of this article, the board is authorized to issue revenue or assessment bonds of the authority. Bonds shall bear interest at a rate such that the net effective interest rate of the issue of bonds does not exceed the maximum interest rate set forth in the resolution adopted by the […]
Any revenue bonds issued by the authority may be refunded by the authority, or by any successor thereof, in the name of the authority, subject to the provisions concerning their payment and to any other contractual limitations in the proceedings authorizing their issuance or otherwise appertaining thereto, by the issuance of bonds to refund, pay, […]
The proceeds of revenue refunding bonds shall either be immediately applied to the retirement of the bonds being refunded or be placed in escrow in any state or national bank within the state which is a member of the federal deposit insurance corporation to be applied to the payment of the bonds being refunded upon […]
The authority, acting by and through the board, may acquire, construct, lease, rent, improve, equip, relocate, maintain, and operate water quality control facilities, any project, or any part thereof for the benefit of the authority and the inhabitants thereof, after the board has made such preliminary studies and otherwise taken such action as it determines […]
Any exercise by the authority of the powers granted by section 25-8.5-111 or 25-8.5-115 which affects drainage and flood control shall be consistent with and conform to the drainage and flood control program of the urban drainage and flood control district adopted pursuant to section 32-11-214, C.R.S., the resolutions, rules, regulations, and orders of the […]
Upon the adoption of the board of directors of the urban drainage and flood control district and the board of directors of the authority created herein of a joint resolution delegating the agreed-upon responsibility to the urban drainage and flood control district for carrying out and meeting, within the district’s boundaries, the compliance requirements and […]
The board, in the name of the authority, for the purpose of defraying all the cost of acquiring or constructing, or both, any project or facility authorized by this article, or any portion of the cost thereof not to be defrayed with moneys available therefor from its own funds, any special funds, or otherwise, also […]
Any municipality, county, or special district, or any portion thereof, shall be eligible for inclusion upon resolution of its governing body requesting inclusion in the authority and describing the property to be included. The authority, by resolution, may include such property on such terms and conditions as may be determined appropriate by the board. Upon […]
Any owner of property within the boundaries of the authority may petition to be excluded from the authority. In order for such property to be excluded, the board must determine that the property does not receive wastewater treatment services or have an on-site wastewater treatment system located within the authority and either: Was improperly included […]
