Title 04 - Revenue and Finance

Title 04 - Revenue and Finance
mitchellst@pue… Fri, 12/13/2019 - 01:11 PM

Chapter 4.04 - Fiscal Provisions Generally

Chapter 4.04 - Fiscal Provisions Generally

4.04.010 Client service accounts and tax deeds--Treasurer authority.

The Pueblo County Treasurer is authorized to receive advance payment moneys for client services and tax deed purchase moneys in payment of the necessary official fees, costs and expenses of the Pueblo County Treasurer and the Treasurer may deposit the same to the Treasurer’s advance payment fund, at his or her election, and to distribute the same according to the necessary accruals incurred by the application of the deposit sum to the payment and discharge of such accruals and satisfaction of the account for which payment was initially made, all to effect the transfer by law required. (Res. dated 11/22/71)

4.04.020 Disposition of fines and forfeitures.

All fines and forfeitures for the violation of ordinances of Pueblo County, and all moneys collected for licenses or otherwise, shall be paid to the Treasurer of Pueblo County not less frequently than monthly, and shall be by the Treasurer deposited into the general fund of the county. (Ord. 2, 1980)

4.04.030 Bail bonds.

The county courts of Pueblo County are authorized to accept a bail bond when any person has been arrested for violation of any county ordinance. When such bond is accepted, it shall have the same validity and effect as bail bonds provided for under the criminal statutes of the state of Colorado. (Ord. 3, 1980)

4.04.040 Bookkeeping.

The bookkeeping functions, preparation of vouchers, examination of accounts and the payment thereof, as well as the keeping of the records, vouchers etc., in relation to these accounts shall be under the general direction of the Board of County Commissioners and all employees shall be under their general supervision. (Res. dated 1/24/74)

4.04.050 Processing fee and special review fee.

The following fees are established for the processing and special review of a special district plan:
Processing fee: five hundred dollars ($500.00).
Special review fee: A minimum of five hundred dollars ($500.00) and not more than one one-hundredth of one percent of the service plan’s indicated debt or ten thousand dollars ($10,000.00) whichever is less, based on the reasonable direct costs related to a special review.
For the purpose of this section and the fees established hereunder, "special review of a service plan is defined as extraordinary services provided by staff or expenses incurred by staff in the review of a service plan including, but not limited to, retaining technical or financial advisors or staff time beyond the basic review and comment involved in the application of the provisions of the Special District Act, Section 32-1-101 et seq., C.R.S., to a service plan. (Res. 92-149)

4.04.060 Chair of the Board to sign certain contracts.

The chair of the Board or the chair pro tem in the chair’s absence, is authorized to sign all contracts processed by the Board of County Commissioners that commit Pueblo County to an annual expenditure of twenty-five thousand dollars ($25,000.00) or less in accordance with the provisions of the requirements of the Pueblo County contract procedure. (Res. 99-15)

mitchellst@pue… Fri, 12/13/2019 - 01:18 PM

Chapter 4.08 - County Investment Policy

Chapter 4.08 - County Investment Policy

4.08.010 Statement of purpose.

Pueblo County establishes the following statement of investment policy for the management of the county’s investment funds ("funds"). The purpose of this statement is to create a general framework within which the assets of the county can be invested with respect to efficient portfolio management.
This document is intended to identify the investment objectives, constraints and guidelines of the county. This policy will be used in the implementation of an investment program utilizing fixed-income investments and cash equivalents. This policy also provides a basis for monitoring and measuring the performance of the funds on an ongoing basis. (Res. 98-170 (part))

4.08.020 Scope.

The Pueblo County statement of investment policy covers all investment activity of Pueblo County under the control of the County Treasurer and applies to both county operating revenues and "pass through" revenues. (Res. 98-170 (part))

4.08.030 Delegation of authority.

Pursuant to Section 30-10-707, C.R.S., it is the duty of the County Treasurer to receive all moneys belonging to Pueblo County and pursuant to Section 30-10-708(1), C.R.S., the Treasurer shall deposit all such funds or moneys that come into his or her possession, by virtue of his or her office, in depositories as allowed by the state statutes and designated and approved by the Board of County Commissioners. The Board of County Commissioners, by written resolution, shall authorize the County Treasurer to invest all or any part of the funds in certain investments allowable under state statute and further designated by this statement of investment policy.
The county may, at their election, appoint investment advisors, registered with the Securities and Exchange Commission under the Investment Advisors Act of 1940, to assist in the investment function including the execution of transactions on the county’s behalf. Investment advisors must be approved by a resolution of the Board of County Commissioners. (Res. 98-170 (part))

4.08.040 Investment objectives.

The Pueblo County Treasurer seeks to act responsibly as the custodian of the public trust by avoiding any transactions that might impair public confidence. Funds shall be invested so as to accomplish the following objectives:
A. First Objective: Safety. The first objective shall be to insure the safety of all county funds. Investments shall be made as to minimize the potential for realized losses arising from changes in market value or default.
B. Second Objective: Cash Income Requirements. The second objective will be to maintain sufficient liquidity to meet the anticipated cash needs of the county.
C. Third Objective: Rate of Return. The long-term investment objective for the funds will be capital preservation and income. The goal of the funds is to earn an investment return that exceeds one hundred ten (110) percent of the average return on ninety (90) day U.S. Treasury Bills. "Investment return" means total return, calculated to recognize all cash income plus realized and unrealized capital gains and losses.
D. Fourth Objective: Measurement Period. A fair market cycle of three to five years is required for judging whether the rate of return objective has been met.
E. Fifth Objective: Fiduciary Standards. The assets of the county shall be invested in a manner consistent with generally accepted standards of fiduciary responsibility. The safeguards that would guide a prudent investor will be observed. (Res. 98-170 (part))

4.08.050 Allowable depositories and broker/dealers.

All depositories and securities broker/dealers shall be approved and designated by resolution of the Board of County Commissioners in compliance with Section 30-10-708 (1), C.R.S. All such resolution(s) are incorporated as part of this investment policy. No banking or investment activities shall be conducted with any institutions not so approved and designated.
A. Banking Institutions. National and state banks having offices in the state of Colorado and designated as eligible public depositories by the State Banking Commission pursuant to the provisions of Section 11-10.5-101, et seq., C.R.S., are eligible depositories if approved and designated by resolution of the Board of County Commissioners, such resolution(s) are incorporated as part of this investment policy. Banking institutions shall meet the following criteria:
1. The bank shall agree in writing to conform with all regulatory controls including examinations, directives and requirements set by the State Banking Commission;
2. Public deposits shall be insured or guaranteed by the Federal Deposit Insurance Corporation (FDIC) and Public Deposit Protection Act (PDPA);
3. The bank shall remain in compliance with the capital standards set by the State Banking Commission;
4. The bank shall file annually with the Pueblo County Treasurer, a written authorization from the State Banking Board, a declaration of designation as an eligible depository under the provisions of the PDPA;
5. For all banks utilized as depositories of Pueblo County funds, the Treasurer shall confirm prior to initial deposit and periodically review the bank’s assets to ensure those assets have, at a minimum, a satisfactory rating pursuant to a standardized rating system.
B. Broker/Dealers. Only those brok-er/dealers approved and designated by resolution of the Board of County Commissioners will be considered eligible securities dealers, such resolution(s) are incorporated as part of this investment policy. Eligible security dealers shall meet the following criteria:
1. Broker/dealers and banks that are designated as primary dealers by the Federal Reserve Bank;
2. Broker/dealers are to be insured by the Securities Investors Protection Corporation (SIPC);
3. Broker/dealers must provide the county with their Annual Financial Statements. (Res. 98-170 (part))

4.08.060 Investment guidelines.

A. Statutory Requirements and Constraints. Funds will be invested in compliance with the provisions of Title 24, Article 75, Part 6 (Funds--Legal Investment) Colorado Revised Statutes and these policies and written administrative procedures.
1. Investments shall be made solely in the interest of the county and for the exclusive purpose of providing security and continuity to the investment program.
2. Investments shall be made with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with these matters would use in the conduct of a plan of like character and with like aims.
3. Investments shall be diversified so as to minimize the risk of loss and to maximize the rate of return, unless under the circumstances it is clearly prudent not to do so.
4. Investments shall possess value and quality corroborated by accepted techniques and standards of fundamental, economic, financial and security analysis.
5. In accordance with Section 30-10-708, C.R.S., the County Treasurer and authorized investment personnel acting in accordance with this policy and any other policies and procedures set forth in the Colorado Revised Statutes or in any resolution of the Board of County Commissioners and exercising due diligence shall be relieved of any personal responsibility for an individual security’s credit risk or market price changes, provided that changing conditions are reported in a timely fashion and appropriate action is taken to control adverse developments.
6. All securities will have a maximum final maturity of five years or less, unless specifically approved by the Board of County Commissioners.
B. Fixed-Income Investments.
1. The county will limit its fixed-income investments to the following types of securities:
a. U.S. Treasury Bills, notes and bonds;
b. The following federal agencies:
i. Federal Farm Credit Bank,
ii. Federal Land Bank,
iii. Federal Home Loan Bank,
iv. Federal Home Loan Mortgage Company,
v. Federal National Mortgage Association;
c. Commercial paper. Limitations: security must be rated at least Al/P1 at the time of purchase;
d. Repurchase agreements collateralized by securities listed in subsection (B)(1)(a) of this section. Limitations:
i. Securities must be marketable,
ii. Market value of collateral must be equal to or greater than one hundred two (102) percent of funds invested at all times,
iii. Title or perfected security investment must be transferred to public entity or custodian,
iv. Securities must be delivered to public entity, third party custodian or trustee for safekeeping;
e. Money Market Funds. Limitations:
i. Must be registered as an investment company under SEC requirements,
ii. Must be rated AAAm by Standard & Poors,
iii. Investment policies must include the requirement of an attempt to maintain a constant share price,
iv. No sales load/fee added to purchase or subtracted from the redemption price;
f. Colorado public investment trusts registered with the State Securities Commission. Limitations: Must be rated AAAm by Standard & Poors;
g. Bank Certificates of Deposit insured by the FDIC from banks with reasonable credit ratings and who maintain collateral as required by the State of Colorado Public Deposit Protection Act (PDPA);
h. Cash deposits in banks insured by the FDIC who maintain collateral as required by the State of Colorado Public Deposit Protection Act (PDPA).
2. All investments should be actively managed with the focus on total return. No distinction need be made between realized and unrealized capital gains or losses.
3. No derivative securities shall be purchased. A derivative security shall be defined as a security that’s value is derived from another security or index.
4. No mortgaged-backed securities, including Collateralized Mortgage Obligations (CMOs), shall be purchased.
5. Uninvested cash balances should be kept to a minimum through the prompt investment of available funds in short-term or more permanent security holdings.
C. Security Diversification.

Security TypeMinimum AllocationMaximum Allocation

US Treasury Bills, notes and bonds25%100%

Federal Agencies0%50%

Maximum per Issuer-25%

Commercial Paper0%25%

Maximum per Issuer-5%

Certificates of Deposit0%20%

Repurchase Agreements0%50%

Money Market Funds0%50%

Local Government Investment Pools0%50%

D. Portfolio Structure.
1. Assets of the county shall be pooled to maximize efficiency.
2. The county’s funds shall be broken into two portfolios for efficient portfolio management. Funds will be allocated by the liquidity demands of the county as follows:
a. Liquidity portfolio: those funds needed with in the next one hundred eighty (180) days.
b. Reserve portfolio: all funds that are not needed with in the next one hundred eighty (180) days. (Res. 98-170 (part))

4.08.070 Securities custody and recordkeeping.

All investments other than bank deposits shall be held in a third party custodial account in the name of Pueblo County. The custodian will meet the following requirements:
A. Safekeeping. The custodian will provide safekeeping of all securities in a segregated account that will not be commingled with either the custodian’s other assets or the assets of other clients.
B. Monthly Statement. Monthly reports will be provided by the custodian and will include a transaction summary of all activity in the account for the month. (Res. 98-170 (part))

4.08.080 Performance reporting.

The County Treasurer will maintain performance reporting for all funds in accordance with the following:
A. Reports on all investments will be prepared on a monthly basis. These reports will include, but not be limited to, the following:
1. Income received;
2. Current market value;
3. Current performance;
3. Trends in performance;
4. Portfolio composition and diver-sification;
5. Portfolio characteristics.
B. Performance will be calculated in compliance with the Association of Investment Management and Research (AIMR) Performance Presentation Standards.
C. Comparative analysis must be made between the portfolios and their Standard of Comparison (Benchmark) on a total return basis. The Benchmarks for the two portfolios will be as follows:
1. Liquidity Portfolio Benchmark: the average return on ninety (90) day U.S. Treasury Bills.
2. Reserve Portfolio Benchmark: the Merrill Lynch one to three year Government Bond Index.
D. The Treasurer will submit reporting on the funds to the Board of County Commissioners on a monthly basis. (Res. 98-170 (part))

mitchellst@pue… Fri, 12/13/2019 - 01:20 PM

Chapter 4.12 - Risk Management

Chapter 4.12 - Risk Management

4.12.010 Risk management policy statement.

The county of Pueblo adopts by resolution the following policy statement in regard to management of risk of loss to county property, to employees and authorizing volunteers, and to members of the public.
The administration of the risk management program is a function involving the entire county. The principal objective is to protect the county and all of its people and assets at the lowest possible cost. It is to be conducted as efficiently and economically as possible with centralized control to assure uniformity of practice and procedure.
The principal objective is to be achieved through a balance of pooling arrangements and/or purchased insurance, assumption of risk, transfer of risk, control of losses of all types, and use of governmental immunity as appropriate.
Responsibility of administering the risk management program shall rest with Steel City Agencies, Inc., the Risk Manager and Consultant for the county of Pueblo under agreement effective January 1, 1986. The Risk Manager shall report to the County Manager.
Internal administration of the program shall be delegated to the Safety Coordinator who is Chairperson of the Safety Committee for the county. The Safety Committee shall be appointed by the Safety Coordinator under the terms of a resolution passed by the Board of County Commissioners and shall supervise all loss control procedures and practices, recordkeeping for losses, internal costs of risk management including administrative costs.
The responsibility for pooling arrangements with other public entities and/or the purchase of insurance, assumption of risk transfer of risk and the use of governmental immunity, shall be delegated to the Risk Manager. The Risk Manager shall cooperate with the Safety Coordinator and the County Attorney in performance of its duties.
Risk Manager shall work with County, Attorney in regard to contractual transfer of risk specifically in areas where county facilities are being provided to the state of Colorado such as judicial facilities, detention facilities, extension service, and the office of the District Attorney.
The Risk Manager shall report not less than annually to the Board of County Commissioners on the current risk management program. The report shall include costs of the program for pooling, assumed losses and administration. The report shall also include recommendations, if any, for significant changes of practices and procedures.
It shall be a policy of the risk management program to pool or insure risks, as determined by good business judgement, and to assume other risks either through the use of deductibles or through self-insurance. (Res. 86-182)

4.12.020 Safety committees to be established.

A. Each department of Pueblo County government shall establish a safety committee which shall:
1. Address safety issues within their department and utilize the department’s strategic plan to address risk management and safety issues within their department;
2. Designate one member of the department safety committee to serve as a member on the County’s Risk Management team;
3. Recommend risk management policies to the County Risk Management Team.
B. Each elected office of Pueblo County is requested to also establish a safety committee for each such office to:
1. Address safety issues within their department and utilize the department’s strategic plan to address risk management and safety issues within their department;
2. Designate one member of the department safety committee to serve as a member on the County’s Risk Management Team;
3. Recommend risk management policies to the County Risk Management team. (Res. 00-61 § 2.3)

4.12.030 Risk Management Team.

A. The Pueblo County Risk Management Team is established.
B. The membership of the Pueblo County Risk Management Team shall consist of a member designated by each department’s and elected office’s safety committee and a designated representative of Pueblo County’s contracted insurance advisor.
C. The Pueblo County Risk Management Team shall have authority and responsibility to develop and recommend comprehensive safety and risk management policies for Pueblo County to this Board.
D. Further, the Pueblo County Risk Management Team shall have the authority and responsibility to coordinate the activities of departmental safety committees and establish such ad hoc committees, as needed, and is further authorized and directed to create, promote and administer, as directed by this Board, a comprehensive safety program for the benefit of Pueblo County employees, the public at large, and protection of Pueblo County property and assets. (Res. 00-61 § 4--7)

4.12.040 Insurance adviser.

Pueblo County’s contracted insurance advisor shall assist in all of the Risk Management Programs established by the Risk Management Team under the direction of the Risk Management Team and reporting all necessary information to the Risk Management Team and this Board. (Res. 00-61 § 8)

mitchellst@pue… Fri, 12/13/2019 - 01:33 PM

Chapter 4.16 - Sales Tax

Chapter 4.16 - Sales Tax

Article 1. General Provisions

  • 4.16.010 Purpose.

  • 4.16.020 Statutory definitions incorporated.

Article 2. Sales Tax

  • 4.16.030 Property and services taxed.

  • 4.16.040 Adoption of state rules and regulations.

  • 4.16.050 Amounts excluded.

  • 4.16.060 Delivery charges included.

  • 4.16.070 Exemptions.

  • 4.16.080 Nonresident exemption.

  • 4.16.090 Place of sale.

  • 4.16.100 Sales tax license.

  • 4.16.110 Sales tax vendor’s fees.

  • 4.16.120 Collection, administration and enforcement.

  • 4.16.130 Seven percent limitation.

Article 3. Use of Tax Revenues

  • 4.16.140 Revenue use by county.

Article 4. Election

  • 4.16.150 Submission to electors.

  • 4.16.160 Conduct of election.

Article 5. Miscellaneous Provisions Limitation

  • 4.16.170 Effective date.

  • 4.16.180 Termination.

  • 4.16.190 Statutory references.

  • 4.16.200 Amendments.

  • 4.16.210 Severability.

  • 4.16.220 Publication.
mitchellst@pue… Fri, 12/13/2019 - 01:36 PM

Chapter 4.16 - Sales Tax - Article 1 - General Provisions

Chapter 4.16 - Sales Tax - Article 1 - General Provisions

4.16.010 Purpose.

The purpose of this chapter is, upon the approval of a majority of registered electors voting on such proposal, to impose a sales tax of one percent upon the sale at retail of tangible personal property and the furnishing of certain services in the county, in accordance with the provisions of Article 2 of Title 29, C.R.S., which provisions are incorporated into this chapter by reference. (Res. 87-262 § 1)

4.16.020 Statutory definitions incorporated.

For purposes of this chapter, definitions of the words contained in this chapter shall be as defined in C.R.S. § 39-26-102, which definitions are incorporated in this chapter by reference. (Res. 87-262 § 2)

mitchellst@pue… Fri, 12/13/2019 - 01:39 PM

Chapter 4.16 - Sales Tax - Article 2 - Sales Tax

Chapter 4.16 - Sales Tax - Article 2 - Sales Tax

4.16.030 Property and services taxed.

There is levied and imposed and there shall be collected and paid a sales tax of one percent on the gross receipts upon the sale of tangible personal property at retail and the furnishing of certain services as provided in C.R.S. § 29-2-105(1)(d), upon all taxable transactions in the county. The tangible personal property and services taxable pursuant to this chapter shall be the same as the tangible personal property and services taxable pursuant to C.R.S. § 39-26-104, and shall be subject to the same exemptions as those specified in C.R.S. § 39-26-701, et seq., (expressly including certain exemptions as provided in Section 4.16.070). (Res. 87-262 § 3; Res. 06-122)

4.16.040 Adoption of state rules and regulations.

The imposition of the tax on the sale at retail of tangible personal property and the furnishing of certain services subject to this tax shall be in accordance with the schedule set forth in the rules and regulations of the Colorado Department of Revenue, and in accordance with any regulations which may be enacted by separate written resolution. (Res. 87-262 § 4)

4.16.050 Amounts excluded.

The amounts subject to tax shall not include the amount of any sales or use tax imposed by Article 26 of Title 39, C.R.S. (Res. 87-262 § 5)

4.16.060 Delivery charges included.

The gross receipts from sales shall include delivery charges, when such charges are subject to the sales and use tax of the state of Colorado imposed by Article 26 of Title 39, C.R.S., regardless of the place to which delivery is made. (Res. 87-262 § 6)

4.16.070 Exemptions.

There shall be exempt from sales taxation under the provisions of this chapter all of the tangible personal property and services which are exempt in the State Statute, “Sales and Use Tax Exemptions,” C.R.S. § 39-26-701, et seq., which exemptions are incorporated herein by this reference, expressly including the exemption in C.R.S. § 39-26-716, for the sale of agricultural compounds, attachments, dairy equipment, farm equipment and the production of the following products for profit from farm operations including, but not limited to, agricultural, viticulture, fruit and vegetable products; livestock; milk; honey; poultry; and eggs (Res. 06-122; Res. 87-262 § 7 (repealed))

4.16.080 Nonresident exemption.

All sales of tangible personal property on which a specific ownership tax has been paid or is payable shall be exempt from the subject sales tax when such sales meet both of the following conditions:
A. The purchaser is a nonresident of or has his or her principal place of business outside of the county; and
B. Such tangible personal property is registered or required to be registered outside the limits of the county under the laws of the State of Colorado. (Res. 87-262 § 8)

4.16.090 Place of sale.

For purposes of this chapter, all retail sales shall be considered consummated at the place of business of the retailer, unless the tangible personal property sold is delivered by the retailer or his or her agent to a destination outside the limits of the county or to a common carrier for delivery to a destination outside the limits of the county. If a retailer has no permanent place of business in the county, or has more than one place of business, the place or places at which the retail sales are consummated for the purpose of the sales tax imposed by this chapter shall be determined by the provisions of Article 26 of Title 39, C.R.S., and by the rules and regulations promulgated by the Colorado Department of Revenue. (Res. 87-262 § 9)

4.16.100 Sales tax license.

No separate county sales tax license shall be required. Any person engaging in the business of selling tangible personal property at retail or furnishing certain services as herein specified shall annually obtain and hold a state license as required by C.R.S. §39-26-103. (Res. 87-262 § 10)

4.16.110 Sales tax vendor’s fees.

As collection agent for Pueblo County, the vendor shall be entitled to withhold an amount equal to three and one-third percent of the total amount to be remitted by vendor to the Executive Director of the Colorado Department of Revenue each month to cover vendor’s expense in the collection and remittance of the county sales tax. If any vendor is delinquent in remitting the tax, other than in unusual circumstances shown to the satisfaction of the Executive Director, the vendor shall not be allowed to retain any amounts to cover his or her expense in collecting and remitting the tax, and an amount equivalent to the full one percent shall be remitted to the Executive Director by any such delinquent vendor. If any vendor, during any reporting period, shall collect as a tax an amount in excess of one percent of the total taxable sales, he or she shall remit to the Executive Director of the Department of Revenue the full amount of the tax herein imposed and any such excess so collected. (Res. 87-262 § 11)

4.16.120 Collection, administration and enforcement.

The collection, administration and enforcement of the sales tax imposed by this chapter shall be performed by the executive director of the Colorado Department of Revenue in the same manner as the collection, administration and enforcement of the Colorado State sales tax. The provisions of Article 26 of Title 39, C.R.S., and all rules and regulations promulgated by the Executive Director of the Department of Revenue thereunder, are incorporated herein by this reference and shall govern the collection, administration and enforcement of the sales tax imposed by this chapter.
If the sales tax proposed by this chapter is approved by the electorate at the special election to be held on November 10, 1987, the County Clerk and Recorder, prior to November 17, 1987, shall send notice of such adoption to, and make a request of, the Executive Director of the Department of Revenue to administer, collect and distribute the sales tax imposed, pursuant to C.R.S. §29-2-106. The Board and the Clerk and Recorder, at the time of making such request, shall provide the following documents to the Executive Director of the Department of Revenue:
A. A copy of the resolution codified in this chapter, certified by the County Clerk and Recorder;
B. Affidavits of publication of said resolution, as provided herein; and
C. An abstract of election results, certified as to the approval of the sales tax by a majority of the registered, qualified electors of Pueblo County voting thereon.
In the event the Executive Director of the Department of Revenue fails or refuses to collect the sales tax imposed by this chapter, the Board shall be authorized to provide for the collection, administration or enforcement of such sales tax to the extent permitted by law or to amend this chapter to comply with the requirements of the Department of Revenue. (Res. 87-262 § 12)

4.16.130 Seven percent limitation.

Based upon state and municipal sales tax rates existing as of the date of adoption of the resolution codified in this chapter, the Board finds and determines the seven percent limitation provided in C.R.S. §29-2-108, will be exceeded by a rate of one-half percent in the city of Pueblo by the countywide sales tax imposed by this chapter. (Res. 87-262 § 13)

mitchellst@pue… Fri, 12/13/2019 - 03:04 PM

Chapter 4.16 - Sales Tax - Article 3 - Use of Tax Revenues

Chapter 4.16 - Sales Tax - Article 3 - Use of Tax Revenues

4.16.140 Revenue use by county.

The Board shall direct the utilization of the revenues of the one percent sales tax for any lawful purpose to support the general needs and requirements of the county in such a manner as to reduce the county’s 1987 ad valorem property tax mill levy as a means to provide property tax relief to property owners in both the incorporated and unincorporated portions of Pueblo County. Such reduction shall be in the amount of five mills from 30.2 mills to 25.2 mills, which is equivalent to a reduction of approximately $2,959,085.00. The Board has presently determined not to distribute any percentage or portion of the sales tax revenues to municipalities within the county. (Res. 87-262 § 14)

mitchellst@pue… Fri, 12/13/2019 - 03:05 PM

Chapter 4.16 - Sales Tax - Article 4 - Election

Chapter 4.16 - Sales Tax - Article 4 - Election

4.16.150 Submission to electors.

Pursuant to Section 29-2-104(3), C.R.S., there being no general election within one hundred and twenty (120) days after the adoption of the resolution codified in this chapter, the sales tax proposal documented in this resolution shall be referred to the qualified and registered electors of Pueblo County at a special election to be held on November 10, 1987, (a date not less than thirty (30) nor more than ninety (90) days after the adoption of said resolution). The question to be submitted to the qualified, registered electors shall be as follows:

Shall a countywide sales tax of Pueblo County, Colorado, at the rate of one percent (1%) be levied and imposed upon the sale of tangible personal property at retail, (except food, and except certain machinery or machine tools, and except electricity, coal, wood, gas, fuel oil, or coke sold to provide residential light, heat, or power, and except all other sales specifically exempt under Colorado law) and the furnishing of services in the county, in accordance with the proposal of the board of county commissioners of Pueblo County, Colorado, adopted and set forth in Resolution No. 87-262 of Pueblo County, said sales tax to become effective January 1, 1988? (Res. 87-262 § 15)

4.16.160 Conduct of election.

The election shall be held, conducted and the results thereof shall be determined, so far as practicable, in conformity with the provisions of the Colorado Election Code of 1980. All registration materials, election materials, ballot cards, absentee voting materials, notices, forms and instructions may be made available in Spanish as well as English, and Spanish- language voter assistance may be made available at the County Clerk and Recorder’s Office and at the polling places. (Res. 87-262 § 16)

mitchellst@pue… Fri, 12/13/2019 - 03:05 PM

Chapter 4.16 - Sales Tax - Article 5 - Miscellaneous Provisions Limitation

Chapter 4.16 - Sales Tax - Article 5 - Miscellaneous Provisions Limitation

4.16.170 Effective date.

Upon passage of the resolution codified in this chapter and subsequent adoption by the electorate at special election, said resolution shall become effective and in force at 12:01 a.m. on January 1, 1988. (Res. 87-262 § 17)

4.16.180 Termination.

The one percent sales tax of Pueblo County imposed by this chapter shall continue in effect until repealed by the registered electors of Pueblo County at an election held for such purpose. However, so long as there remain outstanding any bonds or obligations of the county having a lien on the proceeds of all or any portion of the sales tax, neither shall the sales tax be repealed, nor shall the application of the proceeds derived from such sales tax be changed in any way which would adversely affect the security of such bonds or obligations. (Res. 87-262 § 18)

4.16.190 Statutory references.

All statutory citations in this chapter shall be construed to refer to such statutes as the same may have been heretofore amended, and, subject to any rights of owners of outstanding bonds, as the same may hereafter be amended from time-to-time. (Res. 87-262 § 19)

4.16.200 Amendments.

Except as to the one percent rate of the sales tax, the provisions of this chapter may be amended by resolution of the Board (subject, however, to any rights of owners of outstanding bonds); and such amendments need not be submitted to the electors of the county for their approval. (Res. 87-262 § 20)

4.16.210 Severability.

If any section, paragraph, clause or provision of this chapter shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of this chapter. It is the intention of the Board that the various parts of this chapter are severable. (Res. 87-262 § 21)

4.16.220 Publication.

The County Clerk and Recorder is directed to publish the text of this Resolution in full, four separate times, a week apart, in The Pueblo Chieftain and the Greenhorn Valley News, on the dates of October 15, October 22, October 29, and November 5, 1987. (Res. 87-262 § 22)

mitchellst@pue… Fri, 12/13/2019 - 03:06 PM

Chapter 4.20 - County Policy on Purchase and Use of Recycled and Recyclable Products

Chapter 4.20 - County Policy on Purchase and Use of Recycled and Recyclable Products

4.20.010 Definitions.

As used in this chapter, the following words shall be given the following meanings:
"Board" means the Board of County Commissioners of Pueblo County, Colorado.
"County" means Pueblo County, Colorado.
"Office paper" means eight and one-half inches by eleven (11) inches and eight and one-half inches by fourteen (14) inches bond paper for use in photocopying, typing and letterhead.
"Paper products" means paper napkins, towels, toilet tissue, legal pads, post-its, greenbar computer paper, plain computer paper, newsprint, corrugated and other cardboard material, and other pre-prints or printed material.
"Postconsumer waste" means a finished material which would normally be disposed of as solid waste having completed its lifecycle as a consumer item.
"Public project" means any publicly funded contract entered into by Pueblo County or any department or agency thereof.
"Recycled paper" means paper which meets the recommended minimum context standards of selected paper and paper products established by the U.S. Environmental Protection Agency in its final guideline date June 22, 1988, 53 C.F.R. 23546, as amended, with not less than fifty (50) percent of its total weight consisting of ten (10) percent reclaimed fiber including fifty (50) percent postconsumer waste. (Res. 93-227 § A)

4.20.020 Bid preferences--Recycled paper products.

When a contract is to be awarded in a public project, a bidder who has used recycled paper in the manufacture of the commodities or supplies described in the bid shall be allowed a preference of up to five percent as determined by the Pueblo County Director of Purchasing. The Purchasing Director shall award a greater preference in the bid, up to the ten (10) percent maximum, for greater content of recycled and/or postconsumer material included in the bid. Where two or more bidders’ contracts are the same price after adjustment for preference based upon recycled material and postconsumer waste content, the bidder whose bid products contain the most recycled and/or postconsumer material shall be awarded the bid. A bidder shall only receive preference for recycled and/or postconsumer waste material in the bid if the commodities or supplies described in the bid are adequate and suitable for the purposes of the bid. No such preference may be allowed unless the Purchasing Department receives at least two bids on the contract. (Res. 93-227 § B)

4.20.030 County purchases of office paper and paper products.

A. When purchasing office paper and paper products, the County Director of Purchasing may, whenever the price is competitive and the quality adequate for the purpose intended, purchase recycled office paper and paper products as the same are defined in Section 4.20.010.
B. For county fiscal year 1993, the County Director of Purchasing shall ensure that a level of at least fifteen (15) percent of total volume of office paper and paper products purchased by Pueblo County for use during that fiscal year shall contain recycled paper. The level shall increase to at least thirty (30) percent for county fiscal year 1994; to at least forty (40) percent for county fiscal year 1995; to at least fifty (50) percent for county fiscal year 1996, and for each fiscal year thereafter so long as the purchase of office paper and paper products at the levels set forth herein is practicable.
C. Each Pueblo County department using recycled office paper may print the notation "printed on recycled paper" on any office paper or paper product which has been certified by the County Director of Purchasing as recycled paper.
D. When purchasing tires, motor oil, and other products made from recycled materials, the County Purchasing Director shall, whenever the price is competitive and the quality adequate for the purpose intended, award up to a five percent preference to a bidder who supplied retread tires or re-refined motor oil, and other products made from recycled material. No such preference may be allowed unless the Purchasing Department receives at least two bidders on the contract.
E. In furtherance of the county-wide goal to use recycled office paper and paper products, and in order to promote the use and supply of recycled office paper and paper products, Pueblo County, acting by and through the County Director of Purchasing, shall, where practicable and where the quality is adequate for the purpose intended, allow up to a five percent preference to a bidder who uses environmentally friendly ink such as soy ink in the commodities and supplies described in the request for proposals prepared by the county. (Res. 93-227 § C)

mitchellst@pue… Fri, 12/13/2019 - 03:58 PM

Chapter 4.24 - Arbitration of Property Valuation Disputes

Chapter 4.24 - Arbitration of Property Valuation Disputes

4.24.010 Purpose.

As required by Section 39-8-108.5, C.R.S., and in order to give taxpayers an alternative to pursuing and appeal of the County Board of Equalization’s decision through either the board of assessment appeals or district court, an arbitration process is established and implemented by the Board of County Commissioners of Pueblo County, Colorado. (Res. 88-244 § 1)

4.24.020 Arbitrators.

As required by Section 39-8-108.5(1)(a), C.R.S., the Board of County Commissioners of Pueblo County, Colorado, shall develop and maintain a list of qualified persons who shall act as arbitrators of property valuation disputes. Such list shall be in resolution form and shall be kept on file in the office of the Pueblo County Clerk and Recorder. Such list shall be updated or revised by resolution as deemed necessary by the Board of County Commissioners. Pursuant to Section 39-8-108.5(1)(b), C.R.S., in order to qualify as an arbitrator, an individual, in addition to being experienced in the area of property taxation, shall be any one of the following: attorney licensed to practice law in the state of Colorado; an appraiser who is a member of the institute of real estate appraisers or its equivalent; a former county assessor; a retired judge; and/or a licensed real estate broker. Additionally, the Board of County Commissioners may require any other qualifications it deems necessary. (Res. 88-244 § 2)

4.24.030 Arbitration procedures.

A. Filing. Within thirty (30) days of the County Board of Equalization’s decision, any taxpayer who plans to pursue arbitration shall notify the County Board of Equalization of his or her intent to pursue arbitration. Such notice of intent shall be accomplished by the filing of a petition with the County Board of Equalization on a form supplied by the Board. By mailing or hand delivering one copy of the form to the County Board of Equalization which is received or postmarked on or before the close of business on the thirtieth (30th) day following the County Board of Equalizations decision, a taxpayer will be deemed to have properly filed his or her petition for arbitration with the Board. The petition shall include the following:
1. Name, address and phone number of petitioner;
2. Description of the property in question, including address, schedule number, and type of property, i.e. residential or other;
3. Issues for arbitration;
4. Statement to the effect that all required fees have been advanced or are in negotiation with the County Board of Equalization and will be advanced to be held in trust pending the arbitrator’s decision;
5. The name of the arbitrator designated by the petitioner; and
6. The petition must be signed and dated by the petitioner.
Whenever it appears the petition is not filed within the time permitted by law, or the petitioner has failed to exhaust all procedures provided by law before appeal to the arbitrator, or the arbitrator otherwise lacks jurisdiction, the case may be dismissed upon the motion of any party to the action or upon the motion of the arbitrator.
B. Fees.
1. Residential Property. Along with his or her completed petition, the taxpayer shall advance one hundred fifty dollars ($150.00) to the Clerk and Recorder of Pueblo County to be held in trust to cover the fees and expenses of the arbitration proceeding; which fees shall be held in trust and disbursed as provided in the arbitrator’s decision. The fees shall either be returned to the taxpayer or paid to the arbitrator depending on the arbitrator’s decision.
2. Other Taxable Property. For cases concerning any taxable property other than residential real property, the taxpayer shall, at the time his or her petition is filed with the Board, contact the County Assessor or his or her representative to determine an estimated fee for arbitration. Upon agreement, and deposit of the fee with the Clerk and Recorder’s Office to be held in trust depending the arbitrator’s decision, the matter will be assigned to the arbitrator. The fees will either be returned to the taxpayer or paid to the arbitrator depending upon the arbitrator’s decision.
3. Waiver. Any taxpayer who is unable to advance the fees for arbitration can apply to the Board of County Commissioners for a waiver of the fee requirement. Following the presentation, by the taxpayer, of satisfactory, documented proof of the taxpayer’s indigency to the Board, a waiver will be granted.
4. Witness Fees and Costs. Each party shall pay that party’s own witness fees, attorney’s fees and miscellaneous costs.
Note: No arbitration hearing shall be scheduled until either all required fees have been deposited with the Clerk and Recorder or the appropriate waiver is granted. (Res. 88-244 § 3)

4.24.040 Hearings.

A. Selection of Arbitrator. The taxpayer and the County Board of Equalization’s representative shall select an arbitrator from the list on file in the office of the Clerk and Recorder following the advancement of fees as provided for in Section 4.24.030(B). In the absence of agreement by the taxpayer and the County Board of Equalization, the district court of the county in which the property is located shall select an arbitrator from the list.
B. Scheduling of Hearing. Arbitration hearings shall be held within sixty (60) days from the date the arbitrator is selected by the parties. The hearings shall be at a time and place set by the arbitrator with the mutual consent of the taxpayer and the representative of the County Board of Equalization.
C. Procedure. The arbitrator shall preside at the hearing. Procedures shall be informal and strict rules of evidence shall not apply except as necessitated in the opinion of the arbitrator by the requirements of justice. All questions of law and fact shall be determined by the arbitrator. The arbitrator may determine time limitations or make other decisions in order to conduct a reasonable and fair hearing. All testimony in arbitration proceedings shall be given under oath administered by the arbitrator. The order of proceedings in arbitration hearings shall be as follows:
1. Opening statements, if desired by the arbitrator. The party initiating the appeal shall proceed first;
2. Presentation of evidence by the petitioner;
3. Presentation of evidence by the County Board of Equalization;
4. Presentation by any other party or person admitted to appear; and
5. Final arguments, if desired by the arbitrator, or direction to submit briefs, if desired by the arbitrator.
The arbitrator may, in his or her discretion, alter or amend the aforementioned order of proceedings, at any time and in any manner deemed appropriate and proper under the circumstances.
D. Subpoena. The arbitrator may issue, or cause to be issued, subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served and, upon application to the district court by the taxpayer or the County Board of Equalization or the arbitrator, be enforced in the manner provided by law for the service and enforcement of subpoenas in civil actions.
E. Attendance of Parties. The taxpayer and the County Board of Equalization shall be entitled to attend hearings personally or with counsel and participate in the proceedings. Such participation may include the filing of briefs and affidavits. Upon agreement of both parties, the proceedings may be deemed confidential and closed to the public. The arbitrator may, in his discretion and upon prior written application, permit the appearance or intervention of persons or agencies not parties to the action for the purpose of submitting evidence, argument, or briefs as the arbitrator may direct.
F. Record of Proceedings. No record of the proceedings is required. Should a record be desired, the record shall be by electronic recorder or court reporter at the discretion of the arbitrator. Parties may employ, at their own expense, a court reporter. Transcripts may be made, and shall be paid for by the party desiring the transcript. (Res. 88-244 § 4)

4.24.050 Decision of the arbitrator.

The arbitrator’s decision shall be in writing and signed by the arbitrator. The arbitrator shall deliver a copy of his or her decision to the parties personally or by registered mail within ten (10) days of the hearing. The decision shall include:
A. County docket number;
B. The title of the document as "Arbitration Decision and Award";
C. Full case name;
D. Identities of all parties who were present at the hearing either in person or through representation by counsel;
E. The description and schedule number of the real property in question or dispute;
F. The arbitrator’s decision, i.e., that the arbitrator has found in favor of the taxpayer or the County Board of Equalization and against the other party, and the basis therefore;
G. The amount of change in the valuation of the subject property, if any;
H. The amount of the arbitrator’s fees and expenses, not including counsel fees, incurred in the conduct of the arbitration hearing, and a statement as to which party is to pay the fees; and
I. Signature/date line for the arbitrator to sign and date his or her decision.
The arbitrator shall be immune from civil liability arising from participation as an arbitrator and for all communications, findings, opinions, and conclusions made in the course of his or her duties under Section 39-8-108.5, C.R.S. The decision of the arbitrator shall be final and is not subject to review or appeal. (Res. 88-244 § 5)

mitchellst@pue… Fri, 12/13/2019 - 04:00 PM

Chapter 4.28 - Property Tax Work-Off Program

Chapter 4.28 - Property Tax Work-Off Program

4.28.010 Established.

The Board of County Commissioners of Pueblo County recognizes and establishes the property tax work-off program to be administered by the Human Resources Department with moneys budgeted within the designated Pueblo County Approved Budget. (Res. 98-188)

mitchellst@pue… Fri, 12/13/2019 - 04:07 PM

Chapter 4.32 - Lost and Abandoned Property

Chapter 4.32 - Lost and Abandoned Property

4.32.010 Terms defined.

As used in this policy, unless the context otherwise requires, terms are defined as follows:
“Abandoned property” means any lost, stolen or unclaimed tangible or intangible personal property held by or under the control of an of­ficer or employee of the county for a period of more than thirty (30) days after notice is pro­vided in accordance with Section 4.32.030. Property that has been confiscated pursuant to law by a peace officer of the county, but which is not subject to forfeiture or criminal proceed­ings as determined by the District Attorney of the 10th Judicial District, and the owner’s possession is otherwise illegal, or is otherwise determined by the holding law enforcement agency as dangerous, shall be deemed aban­doned notwithstanding such notice requirement. (E.g., kegs possessed by minors, unlawful fireworks or those possessed unlawfully by minors) However, any abandoned cash ac­quired by the District Attorney from any law enforcement agency shall be deposited in the forfeiture account and shall be disposed of in accordance with Resolution No. 92-469, as amended.

“Dangerous property” means property that poses a threat to the health, safety or welfare of the citizens of the county.

“Unclaimed property” includes property that is payable or distributable but not claimed by the owner on the date such property becomes payable or distributable.

“Property” within the meaning of this chapter does not include animals. In addition, abandoned motor vehicles shall be subject to the provisions set forth in Title 42 of the Colorado Revised Statutes.

“Nominal value” means a market value of twenty-five dollars ($25.00) or less. (Res. 02-239 (part))

4.32.020 Applicability.

This chapter applies to all abandoned property in the possession of any county officer or employee. It is the board’s intent that the policies set forth herein shall be consistent with Parts 3, 5 and 6 of Article 13, Title 16 and Section 18-12-110 of the Colorado Revised Statutes regarding confiscated, seized and/or forfeited property and firearms. (Res. 02-239 (part))

4.32.030 Notice.

Except as otherwise provided by Sections 4.32.050 and 4.32.060, the procedures for giving notice to owners of abandoned property are as follows:

A. Except as otherwise required by subsection (C) of this section, within twenty (20) days after obtaining possession of abandoned property, other than property which has nominal commercial value, the county official or the director of the county department having possession of such property, or their respective designees, shall send a written notice to any known owner of such unclaimed property at his or her last known address. When ownership of such property is unknown, the official or director shall determine ownership that may be ascertained readily. The last known address of the owner shall be that shown by any official records of the county. The notice shall include a description of the property and, if applicable, how the county official or department acquired possession of the property. The notice shall state where the owner may claim the property.

B. If the property remains unclaimed thirty (30) days after written notice has been sent to the last known address of the owner, the property shall be considered abandoned property subject to disposition as set forth herein. In the event ownership cannot be determined readily or there is no address for an owner in official records of the county, such property shall be deemed immediately abandoned.

C. Any elected official or Director of a department, other than a law enforcement agency, who acquires possession of an abandoned firearm, as such term is defined in Section 4.32.050, shall immediately notify the County Sheriff who shall take immediate custody of such property. (Res. 02-239 (part))

4.32.040 Disposition.

A. An elected official or the department head in possession of the abandoned property who wishes to retain such property for county use shall inform the Director of Purchasing of the intent to retain the property. If the elected official or the director of the department does not wish to retain the abandoned property he or she shall immediately transfer such property to the County Purchasing Department. Such property shall be recorded and maintained the same as all other county property. Further disposition of such property shall be in accordance with the County Inventory Policy.
B. Elected officials or department directors may establish administrative procedures for validating ownership of the property and the validity of a claim for such property.
C. If property has nominal or no commercial value or the property is illegal or dangerous, the elected official or department head or his or her respective designee holding such property may properly dispose of or destroy the property at any time. (Res. 02-239 (part))

4.32.050 Firearms.

Unless otherwise required by state or federal law, including Article 13 of Title 16, of the Colorado Revised Statutes, any abandoned firearm, as such term is defined in Section 18-1-901(h), C.R.S., shall be disposed of as follows:
A. Firearms may be retained by the Pueblo County Sheriff’s Office for training or operational use and shall be subject to applicable provisions of the Pueblo County Inventory Policy.

B. Firearms may be sold or transferred directly to another law enforcement agency or may be traded for property held by another law enforcement agency.

C. Firearms remaining in the possession of the Pueblo County Sheriff and not used for purposes otherwise outlined herein shall be destroyed immediately by the Pueblo County Sheriff or his designee. (Res. 02-239 (part))

4.32.060 Perishable Property.

If any property seized or otherwise obtained by the county is of a perishable nature, or such nature as to make it inadvisable in the opinion of the Board of County Commissioners to retain possession, such property shall be forthwith advertised for sale at public auction with public notice to be published in a newspaper of general circulation throughout the county, not less than three days prior to such sale, which notice shall contain the date, time and place of such sale and the reason for the immediate sale. Any proceeds from such sale shall be retained by the county and transmitted to the treasurer for deposit in the County General Fund. Property that has a perishable life of less than three days may be disposed of immediately by the elected official or department head or his or her respective designee. (Res. 02-239 (part))

4.32.070 Seized-Forfeited Property.

Notwithstanding Section 4.32.040, and in addition to other provisions under Article 13 of Title 16, C.R.S., a seizing agency, as such term is defined in Section 16-13-301 (2.7), C.R.S., shall be subject to specific disposition provisions of Article 13, Title 16, C.R.S., as follows:
A. The seizing agency shall adopt policies and procedures for the expeditious release of seized property not subject to forfeiture, when release is appropriate.

B. In accordance with Section 16-13-702, C.R.S., no forfeited property or proceeds, including property or proceeds acquired pursuant to Section 16-13-601, and Parts 3, 5 and 6 of Article 13 of Title 16, C.R.S., regardless of whether the property or proceeds are acquired by court order, shall be used without prior approval of the committee on disposition of forfeited property created by Resolution No. 92¬469. If and when the committee approves the use of forfeited property or expenditure of forfeited proceeds, such property shall be considered county property and shall be subject to the County Inventory Policy and, in accordance with Section 30-10-102, C.R.S., any proceeds shall be transmitted to the County Treasurer who shall deposit same in the County General Fund.

C. The seizing agency shall comply with the reporting requirements set forth in Section 16-13-701, C.R.S.

D. The seizing agency shall comply with Sections 16-13-314 and 16-13-507, C.R.S., regarding disposition of contraband article or property.

E. Vehicles or property forfeited pursuant to Parts 3, 5 or 6 of Article 13 of Title 16, C.R.S., and ordered by the court pursuant to Sections 16-13-311(3) or 16-13-506, C.R.S., to be delivered to the seizing agency for law enforcement purposes shall be considered county property and shall be subject to the County Inventory Control Policy. (Res. 02-239 (part))

mitchellst@pue… Fri, 12/13/2019 - 04:10 PM

Chapter 4.36 - County Sheriff's Fees

Chapter 4.36 - County Sheriff's Fees

4.36.010 Designated.

I. Fees.

The Board of County Commissioners fixes the amount of fees chargeable by the Pueblo County Sheriff under Section 30-1-104, C.R.S., specifically as follows:
1. a. For serving and returning summons or other writ of process in a criminal action not specified in this section, with or without complaint attached, on each party served, actual expenses, but not more than fifteen dollars ($15.00);
b. For serving and returning a summons or other writ of process in other than a criminal action not specified in this section, with or without complaint attached, on each party served, actual expenses, but not more than thirty-five dollars ($35.00);
2. a. For making a return on a summons in a criminal action not served, for each party, actual expenses, but not more than five dollars ($5.00);
b. For making a return on a summons in other than a criminal action not served, for each party, actual expenses, but not more than twenty dollars ($20.00);
3. a. For serving and returning each subpoena in a criminal action on each witness, actual expenses, but not more than seven dollars and fifty cents ($7.50);
b. For serving and returning each subpoena in other than a criminal action on each witness, actual expenses, but not more than sixty dollars ($60.00);
4. a. For making return on a subpoena in a criminal action not served, five dollars ($5.00);
b. For making return on a subpoena in other than a criminal action not served, actual expenses, but not more than twenty dollars ($20.00);
5. For serving each juror, ten dollars ($10.00);
6. For serving and returning writ of attachment or replevin on each party, mileage and actual expenses;
7. For serving garnishee summons on each party, actual expenses, but not more than twenty dollars ($20.00);
8. a. Mileage for each mile actually and necessarily traveled in serving each writ, subpoena, or other process in a criminal action, not less than twelve cents ($.12) nor more than the maximum mileage allowance provided for state officers and employees under C.R.S. § 24-9-104, as determined by resolution of the Board of County Commissioners; except that actual and not constructive mileage shall be allowed in all cases; and, where more than one warrant is served by any officer on one trip, the actual mileage only shall be allowed such officer, and the actual mileage shall be apportioned among the several warrants served on the trip;
b. Mileage shall not exceed the mileage rate authorized for County officials and employees pursuant to C.R.S. § 30-11-107(1)(t), as amended, for each mile actually and necessarily traveled in serving each writ, subpoena, or other process in other than a criminal action;
c. The Pueblo County Sheriff may establish a zone- or zip code-based mileage fee structure. The zone- or zip code-based mileage fee structure shall establish a single mileage fee for the service of any writ, subpoena, or other process in an action, other than a criminal action, in each separate zone or zip code, as applicable in Pueblo County. The applicable single mileage fee for a zone or zip code shall be charged for all papers serviced in the zone or zip code regardless of the number of attempts or actual mileage traveled by a sheriff within the zone or zip code during a sheriff's operational period. The Pueblo County Sheriff's Office has established a zone- or zip code-based mileage fee structure as set forth in the attached Appendix "A." The single mileage fees for each zone or zip code in Pueblo County as set forth in Appendix "A" are hereby set by resolution and approved by the Board of County Commissioners. The Sheriff's Office will post Appendix "A" in a location accessible to the public pursuant to C.R.S. § 30-1-108, as amended;
9. In making demand for payment on executions when payment is not made, one dollar ($1.00);
10. For levying execution or writ of attachment, besides actual custodial and transportation costs necessarily incurred, mileage and actual expenses.
11. For levying writ of replevin, besides actual custodial and transportation costs necessarily incurred, actual expenses and mileage.
12. For custodian or deputy appointed by the Sheriff after request of the appointment by the plaintiff or his or her attorney, the sum of twelve dollars ($12.00) per diem of twelve hours, or fraction thereof;
13. For making and filing for record a certificate of levy on attachment or other cases, actual expenses, but not more than thirty dollars ($30.00);
14. For committing and discharging prisoners to and from the county jail, a reasonable fee, not to exceed thirty dollars ($30.00), which fee shall be collected directly from prisoners at the time of commitment, but shall be refunded to any prisoner who is not convicted;
15. For serving writ with aid of posse comitatus with actual expenses necessarily incurred in executing said writ, actual expenses, but not more than sixty dollars ($60.00); for serving same without aid, actual expenses, but not more than four dollars ($4.00);
16. For attending before any judge, court not being in session, with prisoners with writ of habeas corpus for each day of twelve (12) hours, or fraction thereof, twelve dollars ($12.00);
17. For attending courts of record when in session, per diem of twelve (12) hours, or fraction thereof, twelve dollars ($12.00); but the attendance upon the county court shall be certified by the judge of said court at the close of each month;
18. For advertising property for sale, besides the actual cost of the advertising, actual expenses, but not more than thirty dollars ($30.00);
19. For making certificates of sale previous to execution of deed, or on sales of personal property, actual expenses, but not more than thirty dollars ($30.00);
20. For executing and acknowledging deed of sale of real estate, actual expenses, but not more than forty dollars ($40.00);
21. For taking, approving, and returning bond in any case, a reasonable fee, not to exceed ten dollars ($10.00);
22. For executing capias or warrant in criminal cases, on each prisoner named therein, two dollars ($2.00);
23. For transporting insane or other prisoners, besides the actual expenses necessarily incurred, not less than twelve cents ($.12) per mile nor more than the maximum mileage allowance provided for state officers and employees under C.R.S. § 24-9-104, as determined by resolution of the Board of County Commissioners, and for the service of mittimus or other process order, whether written or otherwise, in transporting prisoners, not less than twelve cents ($.12) per mile nor more than the maximum mileage allowance provided for state officers and employees under C.R.S. § 24-9-104, as determined by resolution of the Board of County Commissioners; except that such mileage shall be only by one officer and no mileage shall be charged upon the guards attending the officer having custody of the prisoner and further except that the guards attending the officer in charge of the prisoner shall receive, besides the expenses necessarily incurred, the sum of twelve dollars ($12.00) per diem of twelve hours, or fraction thereof, to be paid out of the County Treasury;
24. For services in sales of real estate on an execution or decree, order of court, or other court process, besides actual expenses, on all bids under three thousand dollars ($3,000.00), twenty dollars ($20.00); and on all sums bid over three thousand dollars ($3,000.00), one percent (1%); but such commission shall in no case exceed the sum of one hundred dollars ($100.00);
25. For money collected by sale of personal property, on all sums bid under five hundred dollars ($500.00), five percent (5%); on all sums bid over five hundred dollars ($500.00) and under one thousand dollars ($1,000.00), six percent (6%); and on all sums bid over one thousand dollars ($1,000.00), seven percent (7%); but no fee shall be charged for an auctioneer or other person for making sales of personal property; and in no case shall such commission exceed the sum of one hundred dollars ($100.00);
26. For money collected or settlements made without sale, after writ of execution, attachment, or replevin has been placed with the officer or sheriff and levy or demand for payment has been made on the proper party, on all amounts under five hundred dollars ($500.00), three percent (3%); on all amounts over five hundred dollars ($500.00) and under one-thousand dollars ($1,000.00), two percent (2%); and on all amounts over one thousand dollars ($1,000.00), one and one-half percent (1 ½ %); but the fee in no case shall exceed the sum of one hundred and fifty dollars ($150.00); and the plaintiff or any person making any settlement shall be liable to the Sheriff for such fees;
27. For pursuing and capturing, or pursuit without capture, when previously authorized by the Board of County Commissioners, each prisoner charged with the commission of any crime denominated a felony, beyond the limits of the county, all necessary expenses of such pursuit, upon a verified, itemized account being presented for the same, together with twelve dollars ($12.00) per diem of twelve (12) hours for the time occupied in such pursuit;
28. For serving and returning writ of ne exeat or body attachment, actual expenses, but not more than twenty dollars ($20.00);
29. For serving copy of execution when making levy on shares of stock under execution, on each party served, actual expenses, but not more than sixty dollars ($60.00);
30. For making certificates of levy on shares, or otherwise, actual expenses, but not more than thirty dollars ($30.00);
31. For making return on execution, actual expenses, but not more than sixty dollars ($60.00)
32. For executing certificate of redemption, actual expenses, but not more than thirty dollars ($30.00);
33. For service of any writ of restitution or order of possession of premises, besides actual transportation costs necessarily incurred, actual expenses not to exceed two hundred dollars ($200.00) except that a sheriff may charge for actual expenses in excess of two hundred dollars ($200.00) if the work performed exceeds two (2) hours in duration. A sheriff may charge a fee under this paragraph after the sheriff has provided a detailed accounting of his or her actual expenses to the person requesting such service. Actual transportation costs assessed pursuant to this paragraph shall only be charged once per location for each service or execution.

II. Two or more papers served on the same person or different persons at the same time and place in same action.

Pursuant to C.R.S. § 30-1-105.5, as amended, in situations when two or more papers are served on the same person or different persons at the same time and place and in the same action, the Sheriff shall charge the highest individual fee allowable pursuant to C.R.S. § 30-1-104 for the first process and an additional ten dollars ($10.00) for each subsequent process served. The Sheriff shall charge the single zone mileage-based fee for the first process.

III. Billing Accounts.

Pursuant to C.R.S. §30-1-106(1), no sheriff shall refuse to serve any writ, summons, or notice requested by any person entitled to such service, when offered or tendered the fees allowed by law for such service; nor shall he or she charge, demand, or receive any greater sum or compensation or allowance. Pursuant to C.R.S. § 30-1-106(2) and (3), as amended, the Pueblo County Sheriff's Office has the authority to establish billing accounts for licensed attorneys and licensed collection agencies that have a principal office located in the State of Colorado. The Sheriff's Office Civil Division has the authority to develop standardized procedures for billing the accounts authorized herein, including the ability to suspend the billing privileges of any entity for nonpayment of a fee upon demand or other good cause shown. (Res. 10-210)

Sheriff Civil Fees Amended Appendix - 08-26-2010 (2).pdf

mitchellst@pue… Fri, 12/13/2019 - 04:11 PM

Chapter 4.40 - Fees for County Work Release Program

Chapter 4.40 - Fees for County Work Release Program

4.40.010 Fees assigned.

A. All offenders placed in the Pueblo County work release program prior to the effective date of the resolution codified in this section, shall pay a fee of eight dollars ($8.00) per day for participation in the Pueblo County work release program.
B. For all offenders placed in the work release program after the effective date of said resolution, fees for participation in the Pueblo County work release program are established as set forth below, and these fees shall be paid for all work release offenders sentenced as a condition of probation, and for all other work release offenders, in the order of priority as set forth in Sections 16-11-212(2), and 17-26-128(5), C.R.S.

Hourly Wage Offender Fee Per Day Hourly Wage Offender Fee Per Day
$4.25 or less $9.00 $14.76 - $15.25 $31.00
$4.26 - $4.75 $10.00 $15.26 - $15.75 $32.00
$4.76 - $5.25 $11.00 $15.76 - $16.25 $33.00
$5.26 - $5.75 $12.00 $16.25 - $16.75 $34.00
$5.76 - $6.25 $13.00 $16.76 - $17.25 $35.00
$6.26 - $6.75 $14.00 $17.26 - $17.75 $36.00
$6.76 - $7.25 $15.00 $17.76 - $18.25 $37.00
$7.26 - $7.75 $16.00 $18.26 - $18.75 $38.00
$7.76 - $8.25 $17.00 $18.76 - $19.25 $39.00
$8.26 - $8.75 $18.00 $19.26 - $19.75 $40.00
$8.76 - $9.25 $19.00 $19.76 - $20.25 $41.00
$9.26 - $9.75 $20.00 $20.26 - $20.75 $42.00
$9.76 - $10.25 $21.00 $20.76 - $21.25 $43.00
$10.26 - $10.75 $22.00 $21.26 - $21.75 $44.00
$10.76 - $11.25 $23.00 $21.76 - $22.25 $45.00
$11.26 - $11.75 $24.00 $22.26 - $22.75 $46.00
$11.76 - $12.25 $25.00 $22.76 - $23.25 $47.00
$12.26 - $12.75 $26.00 $23.26 - $23.75 $48.00
$12.76 - $13.25 $27.00 $23.76 - $24.25 $49.00
$13.26 - $13.75 $28.00 $24.26 - $24.75 $50.00
$13.76 - $14.25 $29.00 $24.76 - $25.25 $51.00
$14.26 - $14.75 $30.00 $25.26 or more $52.00

 (Res. 94-370 § 1; Res. 94-274 §§ 2, 3)

mitchellst@pue… Fri, 12/13/2019 - 04:13 PM