1 Colo. Code Regs. § 207-1-18

Current through Register Vol. 47, No. 24, December 25, 2024

Rule 1 CCR 207-1-18 - CONTRACTS AND FORMAL AGREEMENTS BETWEEN THE COMMISSION AND OTHER STATE AGENCIES

BASIS AND PURPOSE FOR RULE 18

The purpose for Rule 18 is to establish criteria specifying minimum levels of cooperation and conditions for payment on contracts or formal agreements between the Colorado Limited Gaming Control Commission and any other governmental agency. The statutory basis for Rule 18 can be found in section 44-30-302, and 44-30-830, C.R.S. Amended 10/14/14

30-1801Criteria for contracts or formal agreements between the Colorado Limited Gaming Control Commission and other state agencies.

The Commission shall require from any state or governmental agency with which it is entering into a contract or formal agreement the following:

(1) Specific duties or services to be completed, including a specific time frame where applicable.

(2) Total cost of contract and/or agreement, including a detailed report listing number of FTE and associated costs; cost of capital equipment and other costs incurred in completing the contract or agreement.

(3) Annual written reports submitted to the Commission detailing activities for the most recent year, unless the contract or formal agreement requires more frequent reports. At the discretion of the Commission, such reports may include specific performance measure data applicable to the execution of the contract or agreement. In addition, the Commission may require periodic reports be made at scheduled Commission meetings.

(4) Quarterly financial reports detailing the fiscal status of the contract or agreement, including FTE status.

(5) Access to all records applicable to the contract or agreement. Such access shall be allowed following a request from the Commission. Only those records or reports previously agreed to be confidential shall be exempt from this requirement.

30-1802Conditions of payment.

Payment by the Commission for any contract or agreement shall be made on a monthly basis following the receipt of a detailed statement from the applicable state agency or governmental entity, unless the contract or formal agreement specifies a different payment schedule. Payment may be conditioned upon the receipt of further detail or data concerning the statement.

30-1803Budget preparation.

(1) In conjunction with the annual tax setting hearings, the Commission shall schedule presentations from all state or governmental agencies with which it has a contract or agreement for the purposes of establishing the upcoming fiscal year budget and any revisions to the current year budget. At that time, the Commission shall require participation from said agencies in providing funding requests and applicable support data.

(2) To ensure a coordinated approach in the state's budgetary process and between the Office of State Planning and Budgeting, the Joint Budget Committee, and the Commission, the Commission requires the following from all agencies seeking funding from the limited gaming fund: Eff 04/30/2007

(a) Each such agency will be required to include its request for funding from the limited gaming fund in its departmental budget submission to the Office of State Planning and Budgeting and the Joint Budget Committee in the preceding fall, including any decision item requests for funding other than a continuation level. Eff 04/30/2007

(b) If the agency is requesting funding other than a continuation level, the budget request shall also be transmitted to the Commission by November 1. The agency shall make an informative presentation to the Commission in November, with the formal presentation made during the budget hearings pursuant to 30-1803 (1). Eff 04/30/2007, Amended 10/14/14

30-1804Billing for services rendered.

State agencies performing services for the Commission must submit a detailed billing for services rendered on a monthly basis, unless the contract or formal agreement specifies a different billing schedule.

30-1805Pre-conditions for seeking funding from the Commission.

(1) The Commission will entertain requests for funding directly from the Limited Gaming Fund from any person, as that term is used in the Limited Gaming Act of 1991, only under the following conditions:

(a) The person must perform a gaming related service, either at the request of the Commission or as provided in the Limited Gaming Act of 1991, pursuant to a contract or other written agreement, as provided in this Rule 18. Any person performing a service or responsibility as specifically provided in the Limited Gaming Act of 1991 must nonetheless enter into a funding agreement with the Commission, as provided in 30-1801. Amended 10/14/14

(b) In determining whether to fund any service or responsibility, the Commission shall consider the person's ability to secure funding for the purposes contemplated from other sources, including, but not limited to, the following criteria:

(i) Whether that person has the ability to request funds for such purposes from any other source, including the Colorado General Assembly or a Tribal Government; or

(ii) Whether that person is able to impose a tax or a fee; or

(iii) Whether that person is eligible to receive or receives funding for such purposes from other sources, such as the Colorado General Assembly, the Limited Gaming Act of 1991, a Tribal Government, or other statutory provisions.

(c) In determining whether to deny funding for any service or responsibility, the Commission, at its sole discretion, will also consider whether and the extent to which the purpose contemplated is of local interest or character.

(2) The Commission will not entertain requests for direct funding of gaming related impacts from the limited gaming fund. Gaming related impacts include, but are not limited to, those impacts identified in the Limited Gaming Act of 1991, sections 44-30-601 and 1301, C.R.S. (amended perm. 09/30/00) Amended 10/14/14

(3) Notwithstanding the above provisions, the Commission reserves the discretion to consider testimony of any gaming-related financial impacts for any lawful purpose, including tax setting hearings. (30-1805 perm. 6/30/96)

BASIS AND PURPOSE FOR RULE 19

The statutory basis for 30-1901 is found in sections 44-30-104, 105, 201 and 302, C.R.S. Additional legal support for the authority to define constitutional provisions can be found at Colo. Const. Art. XVIII, Sec. 9(2).

The purpose of this rule is as follows:

(1) To recognize that City of Black Hawk Ordinance 78-4, enacted May 4, 1978 (hereafter, Ord. 78-4), read in conjunction with City of Black Hawk Ordinance 71-1, enacted May 4, 1971, forms the foundation for the gaming district within which limited stakes gaming is constitutionally permitted in the City of Black Hawk;

(2) To recognize that Ord. 78-4 incorporates a map visually depicting the locations of the commercial districts within the City of Black Hawk, without providing either a textual description of its boundaries, or a graphic representation of scale;

(3) To recognize that the map incorporated in Ord. 78-4 is aged, damaged, deteriorated, faded, worn and obscured, which conditions render the map in some cases difficult to interpret;

(4) To recognize that within the two Ordinances 71-1 and 78-4, the following rules of construction are proferred:

(a) "Unless otherwise specified on the official Zoning Map, zoned boundaries shall be construed to lie: On the center lines of streets and alleys; on lot lines or platted subdivisions; on railroad right-of-way boundaries; on the boundary lines of zoning districts or incorporated areas or on section lines." Ord. 78-4, sec. 2.

(b) "Lot" A lot is any plot of land occupied or intended to be occupied by a building and its accessory buildings and uses, and including such open spaces as are required under this ordinance and having its principal frontage on a street. A lot may or may not be the land shown on a duly recorded plat." Ord. 71-1, sec. 14(M).

(5) To recognize the apparent intent of the drafters of Ord. 78-4, by consideration not only of the words and graphics employed by them, but also by receipt and consideration of the thorough and exhaustive research compiled by the City of Black Hawk;

(6) To involve any interested party, including the City of Black Hawk Board of Aldermen and land owners within and contiguous to the gaming district, in order to solicit their participation and input into this process;

(7) To consider the logic of historical ownership of aggregations of land, but not be bound by principles pertaining to aggregated land ownership when the placement of the zone boundary line on the Ord. 78-4 map clearly communicates an intent to locate the zone boundary in a manner different than such aggregated ownership would dictate;

(8) To attempt to effectuate the apparent intent of the drafters of Ord. 78-4 when the representations on the Ord. 78-4 map in some cases bear little relationship to the actual placement of lots, while being mindful of avoiding any enlargement, reduction, or alteration of the commercial district defined in Ord. 78-4; and

(9) To define with relative certainty the geographic placement of the gaming district boundary within the City of Black Hawk.

The statutory basis for 30-1902 is found in sections 44-30-104, 105, 201 and 302, C.R.S. Additional legal support for the authority to define constitutional provisions can be found at Colo. Const. Art. XVIII, Sec. 9(2).

The purpose of this rule is as follows:

(1) To recognize that City of Central Ordinance 220, enacted October 7, 1981 (hereafter, Ord. 220), forms the foundation for the gaming district within which limited stakes gaming is constitutionally permitted in the City of Central;

(2) To recognize that Ord. 220 incorporates a map visually depicting the locations of the commercial districts within the City of Central, without providing either a textual description of its boundaries, or a graphic representation of scale;

(3) To consider, in the absence of a map labeled "City of Central Zoning Map," as specifically incorporated by reference in Ord. 220, sec. 3.1(1), the City's use for official purposes of an undated tape-lined zoning map as the official Ord. 220 zoning map for the City; and to determine such actions by the City as ratification and adoption of the tape-lined map, by its use of the map for official purposes;

(4) To recognize that within Ord. 220, at section 3 thereof, the following rules of construction are proffered:

(a) "Unless otherwise indicated, the zone boundaries are the centerlines of streets, roads, highways, alleys, railroad rights-of-way, and channelized waterways, or such lines extended." Ord. 220, sec. 3.1(2)(a).

(b) "In unsubdivided property, zone boundaries shall be determined by use of the scale on the map. A legal description acceptable to the Planning Commission shall be made available in the event of a controversy arising concerning zone district boundaries." Ord. 220, sec. 3.1(2)(b).

(c) "Where a district boundary is shown by specific dimension as being located at any given distance from any right-of-way line, such specific dimension shall govern." Ord. 220, sec. 3.1(2)(c).

(5) To recognize the apparent intent of the drafters of Ord. 220 by consideration of the significant changes in the zoning district boundaries when compared to prior zoning district boundaries reflected in Central Ordinance 177, enacted August 6, 1969;

(6) To recognize the apparent intent of the drafters of Ord. 220 by consideration of the similarities in the zoning district boundaries when compared to subsequent rezoning effected by Central Ordinance 257, enacted March 27, 1991;

(7) To recognize the apparent intent of the drafters of Ord. 220 by consideration of not only the words and graphics employed by them, but also by the topography of land in question, and the use of contiguous property in the City of Black Hawk;

(8) To recognize the apparent intent of the drafters of Ord. 220 by consideration of specific provision for the zoning district boundary line to split a single lot, at Ord. 220, sec. 9.6(4)(c);

(9) To involve any interested party, including the City of Central and land owners within and contiguous to the gaming district, in order to solicit their participation and input into this process;

(10) To consider the logic of historical ownership of aggregations of land, but not be bound by principles pertaining to aggregated land ownership when the placement of the zone boundary line on the Ord. 220 map clearly communicates an intent to locate the zone boundary in a manner different than such aggregated ownership would dictate;

(11) To attempt to effectuate the apparent intent of the drafters of Ord. 220 while being mindful of avoiding any enlargement, reduction, or alteration of the commercial district defined in Ord. 220; and

(12) To define with relative certainty the geographic placement of the gaming district boundary within the City of Central.

1 CCR 207-1-18

37 CR 12, June 25, 2014, effective 7/15/2014

37 CR 18, September 25, 2014, effective 10/15/2014

37 CR 20, October 25,2014, effective 11/14/2014

37 CR 21, November 10,2014, effective 11/30/2014

37 CR 24, December 25, 2014, effective 1/14/2015

38 CR 06, March 25, 2015, effective 4/14/2015

38 CR 11, June 10, 2015, effective 7/1/2015

38 CR 14, July 25, 2015, effective 8/14/2015

38 CR 20, October 25, 2015, effective 11/14/2015

38 CR 24, December 25, 2015, effective 1/14/2016

39 CR 02, January 25, 2016, effective 2/14/2016

39 CR 05, March 10, 2016, effective 3/30/2016

39 CR 10, May 25, 2016, effective 6/14/2016

39 CR 12, June 25, 2016, effective 7/15/2016

39 CR 14, July 25, 2016, effective 8/14/2016

39 CR 19, October 10, 2016, effective 10/30/2016

39 CR 22, November 25, 2016, effective 12/15/2016

40 CR 02, January 25, 2017, effective 2/14/2017

40 CR 07, April 10, 2017, effective 4/30/2017

40 CR 13, July 10, 2017, effective 7/30/2017

40 CR 21, November 10, 2017, effective 12/15/2017

41 CR 02, January 25, 2018, effective 2/14/2018

41 CR 08, April 25, 2018, effective 5/15/2018

41 CR 09, May 10, 2018, effective 5/30/2018

41 CR 09, May 10, 2018, effective 7/1/2018

41 CR 11, June 10, 2018, effective 7/1/2018

41 CR 14, July 25, 2018, effective 8/14/2018

41 CR 18, September 25, 2018, effective 10/15/2018

41 CR 22, November 25, 2018, effective 12/15/2018

42 CR 02, January 25, 2019, effective 2/14/2019

42 CR 11, June 10, 2019, effective 6/30/2019

42 CR 14, July 25, 2019, effective 8/14/2019

42 CR 24, December 25, 2019, effective 1/14/2020

43 CR 01, January 10, 2020, effective 1/30/2020

43 CR 09, May 10, 2020, effective 5/30/2020

43 CR 14, July 25, 2020, effective 6/18/2020

43 CR 09, May 10, 2020, effective 7/1/2020

43 CR 16, August 25, 2020, effective 7/16/2020

43 CR 14, July 25, 2020, effective 8/14/2020

43 CR 18, September 25, 2020, effective 8/27/2020

43 CR 16, August 25, 2020, effective 9/14/2020

43 CR 18, September 25, 2020, effective 10/15/2020

43 CR 19, October 10, 2020, effective 10/30/2020

43 CR 20, October 25, 2020, effective 11/14/2020

43 CR 22, November 25, 2020, effective 12/15/2020

44 CR 02, January 25, 2021, effective 12/26/2020

44 CR 10, May 25, 2021, effective 4/15/2021

44 CR 06, March 25, 2021, effective 5/1/2021

44 CR 10, May 25, 2021, effective 6/14/2021

44 CR 14, July 25, 2021, effective 8/14/2021

44 CR 20, October 25, 2021, effective 11/14/2021

44 CR 24, December 25, 2021, effective 1/14/2022

45 CR 03, February 10, 2022, effective 3/2/2022

45 CR 08, April 25, 2022, effective 5/15/2022

45 CR 17, September 10, 2022, effective 8/3/2022

45 CR 14, July 25, 2022, effective 8/14/2022

45 CR 16, August 25, 2022, effective 8/22/2022

45 CR 18, September 25, 2022, effective 10/15/2022

45 CR 23, December 10, 2022, effective 10/27/2022

45 CR 19, October 10, 2022, effective 10/30/2022

46 CR 02, January 25, 2023, effective 2/14/2023

46 CR 04, February 25, 2023, effective 3/17/2023

46 CR 06, March 25, 2023, effective 4/14/2023