Colo. Rev. Stat. § 32-1-903

Current through Chapter 123 of the 2024 Legislative Session
Section 32-1-903 - Meetings - definitions
(1) The board shall meet regularly at a time and in a location to be designated by the board. Special meetings may be held as often as the needs of the special district require, upon notice to each director. Special meetings include study sessions at which a quorum of the board is in attendance and notice of the meetings has been given in accordance with subsection (2) of this section or section 24-6-402 (2)(c), and at which information is presented but no official action can be taken by the board.
(1.5) All meetings of the board that are held solely at physical locations must be held at physical locations that are within the boundaries of the district or that are within the boundaries of any county in which the district is located, in whole or in part, or in any county so long as the physical location does not exceed twenty miles from the district boundaries. The provisions of this subsection (1.5) governing the physical location of meetings may be waived only if the following criteria are met:
(a) The proposed change of the physical location of a meeting of the board appears on the agenda of a meeting of the board; and
(b) A resolution is adopted by the board stating the reason for which meetings of the board are to be held in a physical location other than under the provisions of this subsection (1.5) and further stating the date, time, and physical location of such meeting.
(2)
(a) Notice of time and location designated for all meetings is provided in accordance with section 24-6-402. Special meetings may be called by any director by informing the other directors of the date, time, and location of such special meeting, and the purpose for which it is called, and by providing notice in accordance with section 24-6-402. All official business of the board must be conducted only during meetings at which a quorum is in attendance at any location, and all said meetings shall be open to the public.
(b) The meeting notice of all meetings of the board that are held telephonically, electronically, or by other means not including physical presence must include the method or procedure, including the conference number or link, by which members of the public can attend the meeting.
(3) The notice posted pursuant to subsection (2) of this section for any regular or special meeting at which the board intends to make a final determination to issue or refund general obligation indebtedness, to consolidate the special district with another special district, to dissolve the special district, to file a plan for the adjustment of debt under federal bankruptcy law, or to enter into a private contract with a director, or not to make a scheduled bond payment, shall set forth such proposed action.
(4) The method of conducting any meeting held prior to July 7, 2021, by telephonic, electronic, or other virtual means is validated, ratified, confirmed, and may not be challenged.
(5) As used in this part 9, unless the context otherwise requires:
(a) "Location" means the physical, telephonic, electronic, other virtual place, or combination of such means where a meeting can be attended.
(b) "Meeting" has the same meaning as set forth in section 24-6-402 (1)(b).
(6)
(a) Beginning in the 2023 calendar year, the board of any metropolitan district that was declared organized by a court pursuant to section 32-1-305.5 after January 1, 2000, that has residential units within its boundaries and that is not in inactive status shall conduct an annual meeting in addition to any other board meetings held pursuant to this section. The board shall not take any official action at the annual meeting and shall ensure that the annual meeting includes:
(I) A presentation from the metropolitan district regarding the status of the public infrastructure projects within the metropolitan district and outstanding bonds, if any;
(II) A review of unaudited financial statements showing the year-to-date revenue and expenditures of the metropolitan district in relation to its adopted budget, as amended if applicable, for that calendar year; and
(III) An opportunity for members of the public to ask questions about the metropolitan district.
(b) An annual meeting required by this subsection (6) must be held in person, virtually, or in person and virtually. An annual meeting that is held solely in person must be held at a physical location that is within the boundaries of the metropolitan district, within the boundaries of any county in which the metropolitan district is located, in whole or in part, or within any other county so long as the physical location does not exceed five miles from the metropolitan district's boundaries.
(c) Notice of the time and location of an annual meeting required by this subsection (6) must be provided in accordance with subsection (2) of this section and must be posted on the metropolitan district's website.
(7) The board of a metropolitan district must provide a public comment period during the meeting at which the board adopts the annual budget for the metropolitan district as required by section 29-1-103.

C.R.S. § 32-1-903

Amended by 2023 Ch. 52, § 3, eff. 8/7/2023.
Amended by 2021 Ch. 471, § 1, eff. 7/7/2021.
Amended by 2019 Ch. 134, § 2, eff. 8/2/2019.
Amended by 2017 Ch. 364, § 2, eff. 8/9/2017.
L. 81: Entire article R&RE, p. 1587, § 1, effective July 1. L. 90: (1) amended, p. 1496, § 4, effective April 10. L. 91: (3) added, p. 789, § 17, effective June 4. L. 2009: (2) amended, (SB 09-087), ch. 1735, p. 1735, § 6, effective September 1. L. 2017: IP(1) amended, (HB 17-1297), ch. 1905, p. 1905, § 2, effective August 9. L. 2019: (2) amended, (HB 19-1087), ch. 610, p. 610, § 2, effective August 2. L. 2021: Entire section amended, (HB 21-1278), ch. 3381, p. 3381, § 1, effective July 7.

The provisions of this section are similar to provisions of several former sections as they existed prior to 1981.

2023 Ch. 52, was passed without a safety clause. See Colo. Const. art. V, § 1(3).