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ARTICLE I. PURPOSE AND AUTHORITY The Bylaws of the Huerfano County Federal Mineral Lease District
Section 1. The purpose and authority of the Huerfano County Federal Mineral Lease District (hereinafter "District") shall be as described in the Federal Mineral Lease District Act, § 30-20-1301, et seq, C.R.S. (2011), as amended by Senate Bill 12-31 (hereinafter "the Act"), and as may from time to time be amended.
Section 2. The District is an independent body politic and corporate and a public instrumentality, not an agency of county or state government, and not subject to administrative direction by any department, commission, board, or agency of a county or the State. Its powers and limits on its power are defined by the Act.
Section 3. As contemplated by § 30-20-1304(2)(c), C.R.S., as amended by SB 12-31, the boundaries of the District shall be all of Huerfano County including all municipalities within Huerfano County.
COLORADO REVISED STATUTES
* This document reflects changes current through all laws passed at the
Second Regular Session of the Sixty-Ninth General Assembly
of the State of Colorado (2014)
and changes approved by the electorate at the November 2014 election *
TITLE 30. GOVERNMENT - COUNTY
COUNTY POWERS AND FUNCTIONS
ARTICLE 20. PUBLIC IMPROVEMENTS
PART 13. FEDERAL MINERAL LEASE DISTRICTS
C.R.S. 30-20-1302 (2014)
30-20-1302. Legislative declaration
(1) The general assembly hereby finds, determines, and declares that it is committed to making sure that all available funding received from federal mineral leasing and distributed as specified in section 34-63-102 (5.4) (c), C.R.S., is used to alleviate social, economic, and public finance impacts resulting from the development of natural resources in this state, subject to the limitations provided for in the federal act.
(2) The general assembly further finds and declares that the purpose of this legislation is to maximize the long-term benefit of funding derived from federal mineral leasing by authorizing the creation of federal mineral lease districts as funding and service delivery mechanisms, which will, consistent with sound financial practices, result in the greatest use of financial resources for the greatest number of citizens of this state, with priority given to those communities designated as impacted by the development of natural resources covered in the federal act.
(3) The general assembly further finds and declares that federal mineral lease districts provide an effective mechanism to expedite the distribution of funding, without the use or increase of ad valorem and other taxes, to those communities designated as impacted by the development of natural resources covered by the federal act.
C.R.S. 30-20-1303 (2014)
As used in this part 13, unless the context otherwise requires:
(1) "County" means a home rule or statutory county in this state and includes a city and county.
(1.5) "Distribute" means to grant, loan, commit, or otherwise expend available funding to achieve the purposes of the district consistent with this part 13.
(2) "District" means a federal mineral lease district created pursuant to this part 13.
(2.5) "Federal act" means section 35 of the federal "Mineral Lands Leasing Act" of February 25, 1920, as amended.
(3) "Funding" means the direct distribution of moneys from the local government mineral impact fund to counties as described in section 34-63-102 (5.4) (c), C.R.S.
(4) "Resolution" means a resolution initiated and adopted by a board of county commissioners of a county to create a federal mineral lease district as described in section 30-20-1304 (2).
C.R.S. 30-20-1304 (2014)
30-20-1304. Power to create federal mineral lease districts
(1) Except as otherwise provided in this part 13, any county may create a district, so long as the district is created through a resolution adopted as specified in subsection (2) of this section no later than June 30, 2011, and each June 1 of every year thereafter.
(2) A board of county commissioners shall create a district by duly adopting, by majority vote, a resolution to that effect, and the resolution shall set forth:
(a) The name of the county creating the district;
(c) A description of the boundaries of the district, which may include any municipality within the county creating the district;
(d) The name of the district; and
(e) The number of directors of the district. There shall be no fewer than three directors for a district, and the total number of directors shall be an odd number.
(4) No later than the first business day after the adoption of a resolution, the county clerk and recorder shall transmit a certified copy of the resolution to the executive director of the department of local affairs, who shall, upon receipt of the certified copy of the resolution, allocate all future funding directly to the district.
(5) A district organized pursuant to this part 13 may be dissolved by the district board after not less than fifteen days' notice to the public is given and a hearing is held. The notice shall be published in at least one newspaper of general circulation in the county in which the district is located. After hearing any protests against or objections to dissolution, if a majority of the district board determines that it is in the best interests of all concerned to dissolve the district, the district board shall so provide by resolution, and verified copies of the resolution shall be filed within three business days with the office of the county clerk and recorder in the county in which the district is located and with the executive director of the department of local affairs. Upon such filings, the dissolution shall be complete, except that no district shall be dissolved until all funding is distributed consistent with this part 13 and has satisfied or paid in full all of its outstanding indebtedness, obligations, and liabilities.
(6) Notwithstanding any other provision in subsection (5) of this section, any board of county commissioners of a county that initiated and passed a resolution to create a district as described in section 30-20-1304 (2) as such section existed before April 6, 2012, may, within ninety days of April 6, 2012, initiate and pass a resolution to dissolve the district. For any district dissolved pursuant to this subsection (6), all undistributed funding shall be paid over to the county.
C.R.S. 30-20-1305.5 (2014)
30-20-1305.5. Powers of a district
(1) Each district formed pursuant to this part 13 is an independent public body politic and corporate. Each district is a public instrumentality, and its exercise of the powers specified in this part 13 are deemed and held to be the performance of an essential public function. A district is not an agency of county or state government and is not subject to administrative direction by any department, commission, board, or agency of a county or the state.
(2) In addition to any other powers granted to a district by this part 13, a district has the following powers:
(a) To sue and be sued;
(b) To enter into contracts and agreements including those described in section 29-1-201, C.R.S.;
(c) To acquire real or personal property or an interest in real or personal property;
(d) To sell, convey, lease, exchange, transfer, or otherwise dispose of all or any part of the district's property or assets;
(e) To enter into grant or loan agreements;
(f) In order to carry out the purposes of this part 13, to borrow money as evidenced by revenue bonds, certificates, warrants, notes, and debentures in accordance with the provisions of this part 13;
(g) To adopt an official seal;
(h) To distribute funding to an area outside the district boundaries consistent with this part 13; and
(i) To provide services consistent with the federal act and this part 13.
(3) A district does not have the power to levy and collect taxes or to use the power of eminent domain.
(4) Each district formed under this part 13 is subject to the "Local Government Budget Law of Colorado", part 1 of article 1 of title 29, C.R.S., and the "Colorado Local Government Audit Law", part 6 of article 1 of title 29, C.R.S.
HISTORY: Source: L. 2012: Entire section added, (SB 12-031), ch. 84, p. 278, § 5, effective April 6.
C.R.S. 30-20-1306 (2014)
30-20-1306. Board of directors - appointment or election - removal
(1) (a) (I) Except as provided in subparagraph (II) of this paragraph (a), immediately after the creation of a district, the board of county commissioners of the county shall, by majority vote, appoint a board of directors for the district. The number of directors on the board shall be as set forth in the resolution creating the district.
(II) If the board of county commissioners finds that the board of directors for the district should be elected rather than appointed, the board of county commissioners shall outline the method of such an election by duly adopting by majority vote a resolution to that effect. The election procedures shall comply with the election requirements set forth in articles 1 to 13 of title 1, C.R.S.
(b) Members of the board of directors may be county commissioners from the county that created the district, representatives of the governing body of municipalities included in the district, or other officials representing the interests of areas impacted by mineral lease activities.
(c) County commissioners serving on the board of directors, if any, shall not constitute a majority on the board of directors.
(d) The officers of the board of directors shall be the president and a secretary who shall be elected annually by the board of directors from its own members.
(e) (I) Members of the board of directors shall serve staggered terms so that not more than one director's term expires in any one year, and thereafter terms shall be for three years each, and each term shall commence on January 15.
(II) Notwithstanding subparagraph (I) of this paragraph (e), every board of county commissioners of a county that initiated and passed a resolution to create a district as described in section 30-20-1304 (2) as such section existed before April 6, 2012, shall, within ninety days of April 6, 2012, pass a resolution fixing the initial terms of all existing directors. The resolution shall designate at least one director whose initial term shall expire on January 15, 2013, at least one director whose initial term shall expire on January 15, 2014, and at least one director whose initial term shall expire on January 15, 2015. Successor directors shall serve three-year terms.
(2) (a) Each director shall hold office until the expiration of the term to which such director is appointed or elected or until a successor has been duly appointed or elected.
(b) Vacancies on the board of directors shall be filled by a majority vote of the board of county commissioners.
(c) The board of county commissioners of the county may remove any director for official misconduct, incompetence, neglect of duty, or other good cause shown, so long as the removal occurs after the director in question is given notice and an opportunity to be heard before the board of county commissioners at a public hearing.
(3) All special and regular meetings of the board of directors for a district shall be held pursuant to part 4 of article 6 of title 24, C.R.S.
HISTORY: Source: L. 2011: Entire part added, (HB 11-1218), ch. 169, p. 582, § 1, effective May 9.L. 2012: Entire section amended, (SB 12-031), ch. 84, p. 279, § 6, effective April 6.
C.R.S. 30-20-1307 (2014)
30-20-1307. Board of directors - powers and duties
(1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), the board of directors of a district shall distribute all of the funding the district receives from the department of local affairs to areas that are socially or economically impacted, either directly or indirectly, by the development, processing, or energy conversion of fuels and minerals leased under the federal act.
(b) The board of directors may use up to ten percent of the annual funding for any administrative costs of the district.
(c) Notwithstanding any other provision of this part 13, the board of directors of a district may reserve all or a portion of the funding for use in subsequent years.
(2) The board of directors may review any reports or studies made and may seek any additional reports or studies it deems necessary regarding the distribution of funding in the district.
(3) The board of directors may cooperate or contract with any other district to provide any function or service lawfully authorized to each of the cooperating or contracting districts, including the sharing of costs, only if the cooperation or contracts are authorized by each district with the approval of each district's board of directors. Any contract providing for the sharing of costs may be entered into for any period, not to exceed the existence of the district and notwithstanding any provision of law limiting the length of any financial contracts or obligations of governments. Any such contract shall set forth fully the purposes, powers, rights, obligations, and responsibilities, financial and otherwise, of the contracting parties. Where other provisions of law provide requirements for special types of intergovernmental contracting or cooperation, those special provisions shall control.
(4) The board of directors may exercise any of the powers set forth in section 30-20-1305.5.