(1) The board of county commissioners of each county has power at any meeting:
To make such orders concerning the property belonging to the county as it deemsexpedient;
To examine and settle all accounts of the receipts and expenses of the county, toexamine and settle and allow all accounts chargeable against the county, and, when so settled, to issue county orders therefor as provided by law;
To build and keep in repair county buildings and cause the same to be insured in thename of the county treasurer for the benefit of the county and, in case there are no county buildings, to provide suitable rooms for county purposes;
(I) To apportion and order the levying of taxes as provided by law; except that, forpurposes of the application of any occupational privilege tax, oil and gas wells and their associated production facilities shall not be considered a business or occupation subject to such tax; and
(II) To contract loans in the name and for the benefit of the county for the purpose of erecting necessary public buildings and making or repairing public roads or bridges, when such loans have been authorized by a vote of the legal voters of the county;
To represent the county and have the care of the county property and the management of the business and concerns of the county in all cases where no other provisions are made by law;
To set off, organize, and change the boundaries of precincts in their respective counties and to designate and number such precincts in accordance with sections 1-5-101 and 15-101.5, C.R.S.;
To establish one or more voting places in each election precinct, as the convenienceof the inhabitants may require;
To lay out, alter, or discontinue any road running into or through such county andalso to perform such other duties respecting roads as may be required by law;
To grant such licenses and perform such other duties as are or may be prescribed bylaw;
To acquire land for, lay out, construct, maintain, and repair airports and landing stripsfor aircraft, to enter into leases, and to fix and collect charges or fees for the use of such airports and landing strips;
To provide in the county budget for dumping grounds within the county to be usedfor such purposes as may be prescribed by the board;
To enter into agreements with any municipality for the joint use and occupation ofpublic buildings. The consideration to be paid for such use and occupation shall be paid each year out of current revenues which shall be appropriated annually, and any agreement to make such annual payment shall not be considered or held to be creation of an indebtedness of the county within any constitutional or statutory limitation.
To negotiate with the board or boards of county commissioners of another county orcounties, and with the board of governors of the Colorado state university system of Colorado state university, for agricultural extension service to be furnished such counties, and to be financed on a pro rata share by the counties receiving such service;
To create, by resolution duly adopted, the office of county manager, or administrative assistant to the board of county commissioners, or county budget officer, or any other such office as may, in its judgment, be required for the efficient management of the business and concerns of the county. When so created, the board has power to make appointments to such offices, to prescribe the duties to be performed by such appointees, to fix the compensation to be paid to such appointees, and to pay the same from the county general fund. Any persons appointed to such offices shall serve at the pleasure of the board of county commissioners.
To cooperate with other counties and with the state forester in the organization andtraining of rural fire fighting groups, payment for the operation and maintenance of fire fighting equipment and in sharing the cost of suppressing fires; (o.5) Repealed.
To purchase all necessary uniforms of the county sheriff, undersheriff, and deputiesof the county; but no such uniforms shall be supplied to those persons deputized to perform particular acts, and all such uniforms shall be and remain the property of the county;
To organize, own, operate, control, direct, manage, contract for, or furnish ambulance service;
To provide in the county budget for services for the aged, including but not limited tosocial and recreational services, medical services, transportation, and homemaker services;
To appropriate moneys from sources other than ad valorem taxes to multijurisdictional housing authorities or housing authorities established under part 5 of article 4 of title 29, C.R.S., from the county general fund;
To set, by resolution duly adopted or by the method provided in the charter of a homerule county, mileage for all county officers, employees, and agents in an amount not less than twenty cents per mile nor more than a rate per mile equal to the standard mileage rate allowed pursuant to 26 U.S.C. sec. 162, as amended, and regulations promulgated thereunder, for each mile actually and necessarily traveled while on official county business;
To expend moneys or make assessments pursuant to paragraph (z) of this subsection(1) for the maintenance of drainage structures and facilities and to accept dedicated or deeded drainage easements or drainageway tracts as county property once drainage structures and facilities on such easements or tracts have been completed and found to meet county specifications and standards;
To provide a job diversion program directing persons making application for or receiving assistance under the Colorado works program, as described in part 7 of article 2 of title 26, C.R.S., into bona fide public or private sector employment;
To expend moneys or make assessments pursuant to paragraph (z) of this subsection(1) for the construction, reconstruction, improvement, or extension of drainage facilities within the unincorporated or incorporated areas of the county and to acquire, by gift, purchase, lease, or the exercise of the right of eminent domain, all lands, easements, or rights in land which are necessary in connection with such construction, reconstruction, improvement, or extension. Drainage facilities shall not be provided in any area which is within an existing drainage district organized or created pursuant to law without the approval of such district.
To enter into a contract with the state telecommunications director pursuant to theprovisions of section 24-37.5-502 (3), C.R.S., for the providing of teleconferencing facilities and services between the county and any other county, city and county, or state agency to be used for teleconferencing of hearings relating to any person in the custody of the county;
To expend moneys or make assessments pursuant to paragraph (z) of this subsection(1) for the construction, maintenance, repair, or installation of curbs, gutters, sidewalks, and related structures along residential and commercial streets or alleys and in residential or commercial subdivisions within the unincorporated areas of the county; except that, prior to making an assessment for any purpose authorized by this paragraph (y), the county shall consider cost-sharing alternatives so that a portion of the cost of any project authorized in this paragraph (y) is incurred and paid by the county;
To prescribe, by ordinance adopted, administered, and enforced in accordance withpart 4 of article 15 of this title, the mode in which the charges on the respective owners of lots or lands, and on the lots or lands, shall be assessed and determined for the purposes authorized in paragraphs (u), (w), and (y) of this subsection (1);
To establish policies and procedures regarding entering into contracts binding on thecounty, and to delegate its power to enter into such contracts pursuant to such policies and procedures, where amounts specified in such policies and procedures and where such contracts otherwise comply with limits and requirements set forth in such policies and procedures;
To provide for the preservation of the cultural, historic, and architectural historywithin the county by ordinance or resolution; to delegate the power to designate historic landmarks and historic districts to an historic preservation advisory board; to accept dedicated or deeded easements or other historic property and to expend moneys for the maintenance of such deeded historic land, facilities, and structures; and to receive contributions, gifts, or other support from public and private entities to defray the maintenance costs of such historic land, facilities, and structures;
By resolution, memorial, plaque, or limited gift, to honor, commemorate, memorialize, or acknowledge outstanding service or other events, including death or retirement of individuals, or actions, accomplishments, or achievements deserving of recognition;
To enter into installment purchase contracts or shared-savings contracts or otherwise incur indebtedness under section 29-12.5-103, C.R.S., to finance energy conservation and energy saving measures and enter into contracts for an analysis and recommendations pertaining to such measures under section 29-12.5-102, C.R.S.; (ee) Repealed.
To set, by written resolution duly adopted by a majority vote of the board and entered in its minutes prior to the county treasurer being sworn into office, the amount of a surety bond to be executed by the treasurer and to authorize the purchase of such a bond by the board;
To authorize the use of electronic records or signatures and adopt rules, standards,policies, and procedures for use of electronic records or signatures pursuant to article 71.3 of title 24, C.R.S.;
To establish an affordable housing dwelling unit advisory board for the county inaccordance with the requirements of article 26 of title 29, C.R.S.;
To provide in the county budget for programs that support education and outreach onenvironmental sustainability and for financing capital improvements for energy efficiency retrofits and the installation of renewable energy fixtures, as defined in section 30-11-107.3, for private residences and commercial property within the county but that do not exempt the county from the requirements of any other statute;
To encourage homeowners to participate in utility demand-side management programs where applicable;
(I) To adopt a resolution to authorize, in consultation with the local board of health,local public health agencies, and any water and wastewater service providers serving the county, the use of graywater, as defined in section 25-8-103 (8.3), C.R.S., in compliance with any regulation adopted pursuant to section 25-8-205 (1)(g), C.R.S., and to enforce compliance with the board's resolution.
(II) Before adopting a resolution to authorize the use of graywater pursuant to subparagraph (I) of this paragraph (kk), a board of county commissioners is encouraged to enter into a memorandum of understanding with the local board of health, local public health agencies, and any water and wastewater service providers serving the county concerning graywater usage and the proper installation and operation of graywater treatment works, as defined in section 258-103 (8.4), C.R.S.
(ll) To enter into loan agreements with any governmental entity that is created by or located within the county in accordance with section 30-25-106.5.
(2) (a) Subject to the provisions of part 1 of article 1 of title 29, C.R.S., the board of county commissioners of each county has exclusive power to adopt the annual budget for the operation of the county government, including all offices, departments, boards, commissions, other spending agencies of the county government, and other agencies which are funded in whole or in part by county appropriations. All such entities shall make appropriate budget recommendations each year to the board of county commissioners for the operation of their respective offices; but the final budget determination of each board of county commissioners shall be binding upon each of the respective offices, departments, boards, commissions, other spending agencies of the county government, and other agencies which are funded in whole or in part by county appropriations.
(b) Every decision made by the board of county commissioners in exercising its budgetmaking power shall be presumed to be a valid exercise of the power granted by paragraph (a) of this subsection (2).
The board of county commissioners of any county eligible to receive impact assistance grants pursuant to part 3 of article 25 of this title may certify a dollar amount to the parks and wildlife commission pursuant to part 3 of article 25 of this title.
Source: G.L. § 446. G.S. § 538. R.S. 08: § 1204. C.L. § 8682. CSA: C. 45, § 25. L. 45:
p. 296, § 2. CRS 53: § 36-1-7. L. 55: p. 250, § 1. L. 57: p. 313, § 1. L. 61: pp. 301, 714, §§ 1, 2. C.R.S. 1963: § 36-1-7. L. 65: pp. 458, 925, §§ 1, 5. L. 69: p. 225, § 1. L. 77: (1)(q) amended, p. 1439, § 1, effective May 26; (2) added, p. 1441, § 1, effective June 9; (1)(r) added, p. 1440, § 1, effective June 19; (1)(s) added, p. 1396, § 2, effective July 7; (1)(q) R&RE, p. 1285, § 3, effective January 1, 1978. L. 79: (3) added, p. 1154, § 2, effective June 22. L. 80: (1)(t) added, p. 655, § 1, effective July 1. L. 81: (1)(u) added, p. 1448, § 1, effective June 12. L. 82: (1)(v) added, p. 427, § 3, effective July 1. L. 83: (1)(w) added, p. 1235, § 1. effective July 1. L. 85: (1)(x) added, p. 806, § 2, effective May 23. L. 86: (1)(v) amended, p. 1040, § 4, effective April 30. L. 90: (1)(u) and (1)(w) amended and (1)(y) to (1)(cc) added, p. 1447, § 2, effective July 1.
L. 91: (1)(t) amended, p. 712, § 1, effective March 11; (1)(dd) added, p. 733, § 3, effective May
1. L. 93: (1)(ee) added, p. 346, § 4, effective April 12; (1)(o.5) added, p. 1255, § 4, effective July 1. L. 95: (1)(ff) added, p. 500, § 3, effective May 16; (1)(o.5) repealed, p. 546, § 2, effective May 22. L. 96: (1)(d) amended, p. 347, § 3, effective April 17. L. 97: (1)(v) amended, p. 1245, § 51, effective July 1. L. 98: (1)(ee) repealed, p. 825, § 40, effective August 5. L. 99: (1)(gg) added, p. 1348, § 6, effective July 1. L. 2000: (1)(f) amended, p. 265, § 4, effective August 2. L. 2001: (1)(hh) added, p. 977, § 2, effective August 8. L. 2002: (1)(gg) amended, p. 858, § 7, effective May 30; (1)(m) amended, p. 1246, § 20, effective August 7. L. 2007: (1)(ii) added, p. 1470, § 1, effective August 3. L. 2008: (1)(x) amended, p. 1130, § 16, effective May 22; (1)(ii) amended and (1)(jj) added, p. 1293, § 5, effective May 27. L. 2012: (3) amended, (HB 12-1317), ch. 248, p. 1204, § 10, effective June 4. L. 2013: (1) (kk) added, (HB 13-1044), ch. 228, p. 1089, § 4, effective May 15.L. 2020: (1)(ll) added, (SB 20-139), ch. 246, p. 1178, § 1, effective September 14.
Cross references: (1) For additional powers of county commissioners relating to county airports, see part 1 of article 4 of title 41; for power of county commissioners to transfer county property for hospital purposes, see § 32-1-1003 (2); for power of a board to adopt ordinances for control or licensing of matters of purely local concern, see § 30-15-401; for the authority of the city and county of Denver to enter into a contract for teleconferencing facilities and services, see § 30-11-208.
For the legislative declaration in the 2013 act adding subsection (1) (kk), see section1 of chapter 228, Session Laws of Colorado 2013.