HomeMy WebLinkAboutBURNS ANNEXATION AND ZONING - 23 90, A - CORRESPONDENCE - OTHER WATER AND OR SANITATION DISTRICTS (4)Start of Item 13.
E
Message.
Subject: TO GID OR NOT TO GID
Sender:. Mary CRUMBAKER-SMITH / CFC/01
TO: Ken WAIDO / CFC52/01
Part 1.
FROM: Mary CRUMBAKER-SMITH / CFC/01
TO: DISTRIBUTION
Part 2.
Dated: 02/13/91 at 1108.
Contents.: 2.
Well, I did a little further reading on the City GID statutes. A
GID can be created to fund the installation and construction Of
public improvements (including water systems) and to fund operating
costs OF THE DISTRICT'S IMPROVEMENTS. One thing we didn't address
yesterday is whether Mr. Burns proposed to donate the improvements
to the District. This is important because there is no statutory
authorization for a GID to fund 'operating costs of improvements
which do not belong to the District. I have checked this
conclusion with outside counsel, Loring Harkness, who agrees.
In short, all property must be located within the
city limits and•the improvements must be acquired by the District
in order for a GID to be used .in the manner which has been
proposed. (After all, it's an IMPROVEMENT district, not just an
OPERATING district.)
Secondly, I did take a quick look at the statutes pertaining to the
County. Apparently, in a telephone conversation with Alan
yesterday, Mr. Burns has already concluded that a county cannot
create a public improvement district for this purpose. Section 31-
20-501 and ff., C.R.S., is the County Public Improvement District
Act. It cannot be used for "water and sewer treatment systems,
facilities, and distribution lines."
Counties do have authority, in general, to operate and maintain
water facilities within and without the county under Section 3'0-20-
401 and ff., C.R.S. This authority goes to the county as a whole.
No "district" creation is contemplated."
End of Item 13.