The Incorporation Petition

Petition for Incorporation of the Municipality of Niwot, Colorado,
Establishment of a Home Rule Charter Commission,
and Authorization to Submit Questions Under Article X, Section 20 of the Colorado Constitution

The incorporation petition is the formal legal document that initiates the process of incorporating Niwot as a municipality under Colorado law. It asks the court to schedule an incorporation election in which registered electors within the proposed boundary would vote on incorporation, the formation of a home rule charter commission, and a series of fiscal measures required under TABOR.

This page summarizes the petition and presents the ballot questions in both their legal text and plain language. The full petition is available as a PDF.

Read the Full Petition (PDF)

What the Petition Asks For

The petition makes three requests:

  1. Incorporation. Organization of the territory described in the petition into a municipality under Colorado law (§ 31-2-101, C.R.S.).
  2. Home rule charter commission. That the question of forming a nine-member charter commission be placed on the incorporation ballot, so that if voters approve incorporation, they simultaneously elect commissioners to draft a home rule charter for voter approval.
  3. Fiscal ballot questions. That the ballot include the TABOR-required questions authorizing the new municipality to levy taxes, issue debt, and retain revenue.
Signatures Required
150 registered electors
Who Can Sign
Registered voters who are landowners and residents within the proposed boundary
Population
4,306 inhabitants (2020 Census)
Proposed Name
Town of Niwot

The petition notes that under Colorado law, a statutory municipality with more than 2,000 residents is initially classified as a “city.” However, if voters approve a home rule charter, the official name and designation will be set by the charter. The community has expressed a preference for “Town of Niwot.”

Ballot Questions

If the petition is accepted and the court orders an election, voters within the proposed boundary will see the following questions on the ballot. These are the exact words required by Colorado’s Taxpayer’s Bill of Rights (TABOR).

1. Sales and Use Tax

Ballot Language

SHALL NIWOT TAXES BE INCREASED BY $2,800,000 ANNUALLY IN THE FIRST FULL FISCAL YEAR, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM A SALES AND USE TAX IMPOSED AT THE RATE OF TWO AND ONE-HALF PERCENT (2.5%), COMMENCING ON JANUARY 1, 2028, FOR THE PURPOSE OF FUNDING CAPITAL IMPROVEMENTS AND RELATED OPERATIONAL EXPENDITURES, INCLUDING BUT NOT LIMITED TO DEBT REPAYMENT, AND ANY LAWFUL MUNICIPAL PURPOSE WITH (I) THE SALES TAX TO BE IMPOSED ON THE SALE OF TANGIBLE PERSONAL PROPERTY AND TAXABLE SERVICES, EXCEPT FOR FOOD FOR DOMESTIC CONSUMPTION AND SUCH OTHER CATEGORIES TO BE EXEMPT AS DETERMINED BY THE GOVERNING BODY OF THE MUNICIPALITY, AND (II) THE USE TAX TO BE IMPOSED ON THE PRIVILEGE OF STORING, USING, OR CONSUMING TANGIBLE PERSONAL PROPERTY IN NIWOT, INCLUDING CONSTRUCTION AND BUILDING MATERIALS, WITH ALL SUCH TAXES TO BE ESTABLISHED BY ORDINANCE OF THE GOVERNING BODY OF THE MUNICIPALITY PRIOR TO THE IMPOSITION OF THE SALES AND USE TAX AND CONSISTENT WITH THIS BALLOT MEASURE; AND SHALL NIWOT BE AUTHORIZED TO COLLECT, RETAIN, AND SPEND ALL REVENUES FROM SUCH TAXES AND ALL EARNINGS THEREON AS A VOTER APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE STATE CONSTITUTION?

In plain language: A 2.5% local sales tax starting January 1, 2028. Groceries are exempt. The town council would set specific exemptions by ordinance. The use tax applies to construction materials and other tangible goods stored or consumed in Niwot. Estimated first-year revenue: $2.8 million.

2. Property Tax

Ballot Language

SHALL NIWOT TAXES BE INCREASED BY $900,000 ANNUALLY IN THE FIRST FULL FISCAL YEAR, AND BY SUCH ADDITIONAL AMOUNTS RAISED ANNUALLY THEREAFTER BY AN AD VALOREM PROPERTY TAX MILL LEVY IMPOSED AT THE RATE OF FOUR (4) MILLS FOR THE PURPOSE OF MEETING OPERATIONAL AND MAINTENANCE COSTS; AND SHALL THE REVENUE FROM SUCH MILL LEVY CONSTITUTE A VOTER APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE STATE CONSTITUTION AND AN EXCEPTION TO THE LIMITATION SET FORTH IN SECTION 29-1-301 OF THE COLORADO REVISED STATUTES?

In plain language: A 4-mill property tax levy for town operations and maintenance. For a home assessed at $700,000, this is approximately $188 per year. Estimated first-year revenue: $900,000. Use the tax calculator to estimate your cost.

3. Marijuana Special Sales Tax

Ballot Language

SHALL NIWOT TAXES BE INCREASED BY $60,000 ANNUALLY IN THE FIRST FULL FISCAL YEAR, AND BY SUCH AMOUNTS AS ARE RAISED ANNUALLY THEREAFTER, FROM A MARIJUANA SPECIAL SALES TAX IMPOSED AT THE RATE OF THREE PERCENT (3.0%), COMMENCING ON JANUARY 1, 2028, ON THE SALE OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS TO CONSUMERS, RETAIL MARIJUANA STORES, OR RETAIL MARIJUANA PRODUCT MANUFACTURERS, AS AUTHORIZED BY STATE LAW, IN ADDITION TO ANY OTHER SALES TAXES LEVIED BY NIWOT, WITH ALL SUCH TAXES TO BE ESTABLISHED BY ORDINANCE OF THE GOVERNING BODY OF THE MUNICIPALITY PRIOR TO THE IMPOSITION OF THE MARIJUANA SPECIAL SALES TAX AND CONSISTENT WITH THIS BALLOT MEASURE; AND SHALL NIWOT BE AUTHORIZED TO COLLECT, RETAIN, AND SPEND ALL REVENUES FROM SUCH TAXES AND ALL EARNINGS THEREON AS A VOTER APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE STATE CONSTITUTION?

In plain language: A 3% additional sales tax on retail marijuana, if any retail marijuana businesses operate in Niwot. This is a standard authorization that most Colorado municipalities include. Estimated first-year revenue: $60,000.

4. Debt Authorization for Roads and Infrastructure

Ballot Language

SHALL NIWOT DEBT BE INCREASED UP TO $15 MILLION, WITH A MAXIMUM REPAYMENT COST UP TO $28 MILLION, FOR THE PURPOSE OF FUNDING THE REPAIR, RECONSTRUCTION, IMPROVEMENT, AND MAINTENANCE OF STREETS, ROADS, BRIDGES, DRAINAGE, SIDEWALKS, AND RELATED TRANSPORTATION INFRASTRUCTURE WITHIN THE MUNICIPALITY; SUCH DEBT TO BE EVIDENCED BY THE ISSUANCE OF REVENUE BONDS OR OTHER FINANCIAL OBLIGATIONS PAYABLE FROM SALES AND USE TAX REVENUES IF SUCH TAXES ARE APPROVED BY SEPARATE BALLOT MEASURE, TO BE ISSUED AT SUCH TIMES AND PRICES (AT, ABOVE OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SUCH TERMS CONSISTENT HEREWITH AS THE GOVERNING BODY OF THE MUNICIPALITY MAY DETERMINE; AND SHALL THE PROCEEDS OF SUCH DEBT AND ANY INVESTMENT EARNINGS THEREON CONSTITUTE A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE STATE CONSTITUTION?

In plain language: Authority to issue up to $15 million in revenue bonds for road and infrastructure improvements, repaid from sales tax revenue. Maximum total repayment cost: $28 million. This funds the repair and improvement of Niwot’s streets, roads, bridges, drainage, and sidewalks.

5. Revenue Retention (De-Brucing)

Ballot Language

SHALL NIWOT BE AUTHORIZED TO RETAIN AND SPEND THE FULL AMOUNT OF ALL REVENUE COLLECTED FROM ALL SOURCES NOT OTHERWISE EXCLUDED FROM FISCAL YEAR SPENDING, INCLUDING BUT NOT LIMITED TO STATE AND LOCAL GRANTS, FEES AND CHARGES, SALES AND USE TAXES, AND PROPERTY TAXES, COMMENCING IN 2027 AND EACH SUBSEQUENT YEAR, WITHOUT REGARD TO ANY STATE REVENUE OR EXPENDITURE LIMITATION INCLUDING THE LIMITATION CONTAINED IN ARTICLE X, SECTION 20 OF THE STATE CONSTITUTION?

In plain language: This allows the town to keep and spend all revenue it collects, including grants, fees, and tax revenue, without being required to refund money under TABOR’s revenue cap. Nearly every Colorado municipality has approved this measure. Without it, the town could be forced to return revenue even if services are underfunded.

Additional Ballot Items

In addition to the fiscal questions above, the incorporation ballot will include:

Full Petition Document

The complete petition includes the legal territory description (Exhibit A), boundary map (Exhibit B), population proof (Exhibit C), and signature pages. It is 31 pages.

Download Full Petition (PDF, 3.1 MB)

Questions about the petition? Contact the committee or visit the FAQ.