Colo. Rev. Stat. » Title 43
Colorado Revised Statutes

Colo. Rev. Stat. § 43-2-202 (2024)

County road and bridge fund - apportionment to municipalities

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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(1) (a) A fund to be known as the county road and bridge fund is created and established in each county of this state. Such fund shall consist of the revenue derived from the tax authorized to be levied under section 43-2-203 for road and bridge construction, maintenance, and administration, all moneys received by the county from the state or federal governments for expenditure on roads and bridges, and any other moneys that may become available to the county for such purpose. Any moneys that have become available to the county for expenditure on roads and bridges by virtue of a condition placed on any type of land use approval shall be accounted for separately and said expenditures shall be limited to roads and bridges in connection with such land use project.

(b) In addition to the moneys specified in paragraph (a) of this subsection (1), the county road and bridge fund consists of any general fund moneys that the board of county commissioners of the applicable county transfers to the fund pursuant to section 30-25-106 (3), C.R.S., after the governor declares a disaster emergency in the county. The board of county commissioners may transfer back to the county general fund any moneys that it transferred to the county road and bridge fund pursuant to section 30-25-106 (3), C.R.S.

(2) Each municipality located in any county of this state is entitled to receive from the county road and bridge fund of the county wherein it is located an amount equal to fifty percent of the revenue accruing to said fund from extension only of the levy authorized to be made under section 43-2-203 against the valuation for assessment of all taxable property located within its corporate boundaries; except that, by mutual agreement between such municipality and the board of county commissioners, such municipality may elect to receive, in part or in full, the equivalent of such amount in the value of materials furnished or work performed on roads and streets located within its corporate boundaries by the county either during the calendar year in which such revenue is actually collected or by mutual agreement during any succeeding calendar year. A board of county commissioners may, at its option, provide additional money, furnish additional materials, or perform additional work for a municipality located in the county in excess of the money or equivalent materials or work entitled to be received by such municipality under this section. If so determined by the division of local government as provided in section 29-1-301 (1.2)(b), C.R.S., this subsection (2) shall not apply to any one-time, nonrecurring expenditure as a result of an increased levy under section 29-1-301 (1.2), C.R.S., if the expenditure is for a county road or bridge capital project or county road or bridge capital asset.

(3) In all cases where a municipality has not elected to receive its share of the county road and bridge fund in equivalent value of materials furnished or work performed by the county, under mutual agreement, it is the duty of the county treasurer, on the fifteenth day of each July, October, January, and April, to pay over to the treasurer of such municipality, out of the county road and bridge fund, the amount to which such municipality has become entitled during the preceding three calendar months.

(4) All moneys received by a municipality from the county road and bridge fund shall be credited to an appropriate fund and shall be used by such municipality only for construction and maintenance of roads and streets located within its corporate boundaries.

Source: L. 51: p. 752, § 1. CSA: C. 143, § 9(1). CRS 53: § 120-1-2. C.R.S. 1963: § 120-1-2. L. 70: p. 320, § 1. L. 73: p. 1230, § 1. L. 75: (2) amended, p. 1573, § 1, effective June 20. L. 83: (2) amended, p. 1204, § 2, effective April 29; (2) amended, p. 1201, § 2, effective May 23. L. 89: (1) amended, p. 1262, § 3, effective July 1. L. 2014: (1) amended, (SB 14-007), ch. 3, p. 78, § 2, effective February 19.

Notes of Decisions
Cited in 5 cases, 1982–2016 · leading case: City of Aurora v. Bd. of Cnty. Commissioners, 919 P.2d 198 (Colo. 1996).
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City of Aurora v. Bd. of Cnty. Commissioners, 919 P.2d 198 (Colo. 1996). · cites it 74× “Section 43-2-202 which governs the Road and Bridge Fund provides that the fund can include revenue from three sources: (1) the *201 road and bridge tax; (2) state and federal programs; and (3) "any other moneys which may become available to the county for such purpose." The…”
City of Greeley v. Bd. of Cnty. Commissioners, 644 P.2d 76 (Colo. Ct. App. 1982). · cites it 6× “1973, creates a road and bridge fund in each county which: “shall consist of the revenue derived from the tax authorized to be levied under section 43-2-203 for road and bridge construction, maintenance, and administration, all moneys received by the county from the state or…”
Wibby v. Boulder Cnty. Bd. of Cnty. Commissioners, 2016 COA 104, 409 P.3d 516. · cites it 2× “They also appear to rely on statutory provisions that (1) establish a fund in each county for construction and maintenance of roads and bridges, § 43-2-202, C.R.S. 2015; and (2) require counties to report construction and maintenance expenditures, § 43-2-120, C.”
City of Colorado Springs v. Bd. of Cnty. Commissioners, 648 P.2d 671 (Colo. Ct. App. 1982). · cites it 3× “The defendants appeal the judgment of the trial court prohibiting the county from funding the county road and bridge fund created pursuant to § 43-2-202(1), C.R.S. 1973 by transfers from the general fund.”
City of Aurora v. Bd. of Cnty. Commissioners, 902 P.2d 375 (Colo. Ct. App. 1994). · cites it 7× “In support of this contention, they argue that changes in the language of § 43-2-202(1), C.R.S. (1993 Repl. Vol. 17), enacted in 1970, eliminated any discretionary appropriations by the board of county commissioners.”
Colo. Rev. Stat. § 43-2-202(1): 3 cases
City of Aurora v. Bd. of Cnty. Commissioners, 919 P.2d 198 (Colo. 1996). “Section 43-2-202 which governs the Road and Bridge Fund provides that the fund can include revenue from three sources: (1) the *201 road and bridge tax; (2) state and federal programs; and (3) "any other moneys which may become available to the county for such purpose." The…”
City of Colorado Springs v. Bd. of Cnty. Commissioners, 648 P.2d 671 (Colo. Ct. App. 1982). “The defendants appeal the judgment of the trial court prohibiting the county from funding the county road and bridge fund created pursuant to § 43-2-202(1), C.R.S. 1973 by transfers from the general fund.”
City of Aurora v. Bd. of Cnty. Commissioners, 902 P.2d 375 (Colo. Ct. App. 1994). “In support of this contention, they argue that changes in the language of § 43-2-202(1), C.R.S. (1993 Repl. Vol. 17), enacted in 1970, eliminated any discretionary appropriations by the board of county commissioners.”
Colo. Rev. Stat. § 43-2-202(2): 2 cases
City of Aurora v. Bd. of Cnty. Commissioners, 919 P.2d 198 (Colo. 1996). “Section 43-2-202 which governs the Road and Bridge Fund provides that the fund can include revenue from three sources: (1) the *201 road and bridge tax; (2) state and federal programs; and (3) "any other moneys which may become available to the county for such purpose." The…”
City of Aurora v. Bd. of Cnty. Commissioners, 902 P.2d 375 (Colo. Ct. App. 1994). “In support of this contention, they argue that changes in the language of § 43-2-202(1), C.R.S. (1993 Repl. Vol. 17), enacted in 1970, eliminated any discretionary appropriations by the board of county commissioners.”
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