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Section F-Facilities Development

Section F

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Table of Contents

FCC                            Temporary School Facilities

FD                               Facilities Funding

FDA                            Bond Campaigns

FEE                            Site Acquisition

FEG                            Construction Contracts Bidding and Awards

FEGB                         Contractor’s Affidavits and Guarantees

 

 

FCC         Temporary School Facilities

Because rented facilities may be inadequate for public school purposes, it is the aim of the Board to have sufficient permanent facilities to meet the needs of school enrollment and the school program.

If circumstances require immediate space, which is not available in public school buildings, facilities shall be rented only as an emergency measure.

 

Adopted July 19, 1977

Adopted: August 4, 1999 (date of manual adoption)

 

 

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FD   Facilities Funding

The Board of Education may submit to the registered qualified electors of the school district, at any regular school election or at a special election called for the purpose, the question of contracting a bonded indebtedness for any of the following purposes:

1.      Acquiring or purchasing buildings or grounds

2.      Enlarging, improving, remodeling, repairing or making additions to any school building

3.      Constructing or erecting school buildings

4.      Equipping or furnishing any school building, but only in conjunction with a construction project for a new building or for an addition to an existing building or in conjunction with a project for substantial remodeling, improvement, or repair of an existing building

5.      Improving school grounds

6.      Funding floating indebtedness

7.      Acquiring, constructing or improving any capital asset that the district is authorized by law to own.

Before such a bond election, the specific needs for facilities shall be made clear to the general public, and careful estimates will be made as to the amounts required for the sites, buildings and equipment.

Following approval by the voters, the bonds to be issued will be advertised in newspapers and national financial journals, the date of issue being coordinated with tax collection dates, payments on bonds already outstanding and favorable market conditions. Disposition of the bonds then shall be accomplished by public sale on the basis of sealed bids. The Board reserves the right to reject any and all bids.

The bond and interest fund of the district comes directly and solely out of the levy of taxes initiated by the successful bond election. In anticipation of interest and principal payments, the Board will adopt annual resolutions authorizing the withdrawal from the bond and interest fund of the amounts needed to meet the payments due and the deposit of such moneys with the depository for honoring the bonds and interest coupons presented for payment.

The building fund is the fund authorized by the approval of the bond issue. The initial receipts from the sale of bonds are deposited in this fund, and actual expenditures for sites, buildings and equipment are made from it. The Board of Education will adopt an annual budget resolution authorizing the withdrawal from the fund of the amounts needed to meet the payments due architects, contractors and other individuals or firms. The Board shall receive periodic reports on the expenditures made from this fund as compared with the original appropriations for the various projects included.

 

LEGAL REFS:   C.R.S. 22-30.5-401 (Charter School Capital Facilities Financing Act)

                        C.R.S. 22-41-110 (payment of bonds)

                        C.R.S. 22-41.5-101 (weakening of debt limitations)

                        C.R.S. 22-42-101 (bonded indebtedness)

                        C.R.S. 22-45-103 (1)(b) and (d) (bond redemption and special building and technology funds)

                        C.R.S. 29-14-101 (Bond Anticipation Note Act)

 

CROSS REF:    FDA, Bond Campaigns

 

Adopted October 21, 1986

Revised: April 1997

Adopted: August 4, 1999 (date of manual adoption)

Revision:  November, 2008

 

 

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FDA         Bond Campaigns

Any special election to authorize bonded indebtedness shall be held on the first Tuesday in November in odd-numbered years in conjunction with the regular biennial school election or on general election day in even-numbered years.

If other jurisdictions that have overlapping boundaries or the same electors as the school district are conducting an election on the same day, the county clerk and recorder shall conduct the election as a coordinated election to allow voters to vote on all ballot issues at one polling place. The decision whether the election will be conducted as a polling place election or by mail ballot is one which shall be made by the county clerk.

The election shall be conducted pursuant to an intergovernmental agreement between the district and the county clerk and recorder [optional language; add if applicable–for each county in which the district has territory]. The agreement shall allocate responsibilities between the county clerk and the district for the preparation and conduct of the election and shall be signed no less than 60 days prior to the election. The Board shall designate a school election official to whom some election responsibilities may be delegated pursuant to the agreement.

As an alternative, the district may have the option of conducting the election by mail ballot in accordance with rules promulgated by the secretary of state when the county clerk is conducting a polling place election. This decision should be made after consultation with the county clerk.

Expenditures of any school district funds or in kind services to otherwise inform voters about election issues must be specifically authorized by the Board. The district may dispense a factual summary which includes arguments both for and against the proposal without any conclusion or opinions in favor of or against any particular issue addressed by the summary.

 

LEGAL REFS:   Constitution of Colorado, Article X, Section 20

                        C.R.S. 1-1-101 through 1-13-108 (Uniform Election Code of 1992)

                        C.R.S. 1-45-116 (Campaign Reform Act)

                        C.R.S. 22-41.5-101 et seq.

                        C.R.S. 22-42-101 et seq.

                        C.R.S. 22-54-108

 

Adopted October 21, 1986

Revised 1990

Revised: April 1997

Adopted: August 4, 1999 (date of manual adoption)

 

 

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FEE         Site Acquisition

Priorities based upon student population, location and education needs shall be established well in advance in order that proper locations for school sites might be acquired. Sites shall be acquired in advance of time for construction to allow adequate time for the completion of topography studies and other preliminary work.

Eminent domain action for the acquisition of property for a school site shall be executed only after negotiations fail and all other avenues to the solution have been exhausted.

 

LEGAL REFS:   C.R.S. 22-32-111

                        C.R.S. 30-28-133 (4),(4.3)

                        C.R.S. 30-28-136 (1)(a),(2)

                        C.R.S. 38-1-101 et seq.

CROSS REF.:   KLJ, Relations with Planning and Zoning Authorities

 

Adopted July 19, 1977

Adopted: August 4, 1999 (date of manual adoption)

 

 

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FEG         Construction Contracts Bidding and Awards

Upon approval of working drawings and specifications by the Board and all other required approvals received for capital construction, the Board shall solicit bids to be submitted on or before a specified time at the central administrative office.

The architect shall take the responsibility for preparing the advertisements, bid forms, bid bond forms, performance and payment bonds, and forms of agreement between the school district and the successful bidder(s). Advertisements shall state that the Board reserves the right to reject any or all bids and to re-advertise the project if necessary.

Each bid must be accompanied by a certified check or bank draft in the amount of five percent or a bidder’s security bond in the amount of 10 percent of the total bid.

Upon receipt of bids, they will be opened publicly and entered upon the minutes of the Board of Education.

The architect’s advice on awarding the contract shall be of particular value with respect to legal aspects of contract provisions which regulate alterations, extras, nonperformance, damages and security bonds.

All other capital expenditures estimated to cost in excess of $2,500 shall require written bids or quotations. All capital expenditures exceeding $10,000 shall require a formal bidding process which shall include:

1.      Specifications

2.      Advertisement for bids at least seven days before bid opening to include general description, date, time and location for the opening of bids

3.      Written notification by the superintendent or his designee to each bidder of the Board’s final decision no later than seven days after the bid opening date

The low bidder shall not necessarily be the successful bidder since consideration shall be given to quality of maintenance, service, delivery dates, financial responsibility and references. All things being equal, the Board shall award the bid to the low bidder.

The Board reserves the right to reject any or all bids.

 

LEGAL REFS:   C. R. S. 24-18-201

                        C. R. S. 24-91-101 et seq. ( Construction Contracts with Public Entities)

                        C. R. S. 38-26-101

                        C. R. S. 38-26-105

                        C. R. S. 38-26-106

CROSS REFS:  BCB, Board Member Conflict of Interest

                        FEGB, Contractor's Affidavits and Guarantees

 

Adopted July 19, 1977

Revised October 21, 1980

Revised 1990

Adopted: August 4, 1999 (date of manual adoption)

 

 

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FEGB      Contractor’s Affidavits and Guarantees

Construction contractors doing business with the school district shall be required to provide the district with such bonds or other acceptable securities as the law or the Board may require equal to the amount of the contract.

Such bonds shall be conditioned upon the faithful performance of the contract and also shall provide that if the contractor or subcontractor fails to pay for labor, materials or other supplies used in performance of the work, the surety will pay for the same in an amount not exceeding the sum specified together with interest as provided by law.

All construction contracts shall provide for retention of at least 10 percent of any progress or partial payments pending completion of the project or projects involved on such terms and conditions as approved by the Board and authorized by law.

 

LEGAL REFS:   C.R.S. 24-91-102 through 24-91-110 (Construction Contracts with Public Entities)

                        C.R.S. 38-26-101

                        C.R.S. 38-26-105

                        C.R.S. 38-26-106

 

Adopted 1990

Adopted: August 4, 1999 (date of manual adoption)

 

 

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