HOUSE BILL 971273
BY REPRESENTATIVES Taylor, George, K. Alexander, Entz, Kaufman, Sullivant, Miller, Bacon, G. Berry, Dyer, Gordon, Morrison, Romero, Schwarz, Swenson, and T. Williams;
also SENATORS Hopper, B. Alexander, Bishop,
Chlouber, Norton, Rizzuto, Feeley, Matsunaka, Phillips, Reeves,
Rupert, and Weddig.
CONCERNING THE CREATION OF THE "RURAL TRANSPORTATION
AUTHORITY LAW".
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article 4 of title 43, Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PART to read:
434601. Short title. THIS PART 6 SHALL BE KNOWN AND MAY BE
CITED AS THE "RURAL TRANSPORTATION AUTHORITY
LAW".
434602. Definitions.
AS USED IN THIS PART 6, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "AUTHORITY" MEANS A BODY
CORPORATE AND POLITICAL SUBDIVISION OF THE STATE CREATED PURSUANT
TO THIS PART 6.
(2) "BOARD" MEANS THE BOARD
OF DIRECTORS OF AN AUTHORITY.
(3) "BOND" MEANS ANY BOND, NOTE,
INTERIM CERTIFICATE, CONTRACT, OR OTHER OBLIGATION OF AN AUTHORITY
AUTHORIZED BY THIS PART 6.
(4) "COMBINATION" MEANS ANY
TWO OR MORE MUNICIPALITIES, TWO OR MORE COUNTIES, OR ONE OR MORE
MUNICIPALITIES AND ONE OR MORE COUNTIES. IN ADDITION, "COMBINATION"
MAY INCLUDE THE STATE TO THE EXTENT AUTHORIZED BY SECTION 434603
(5).
(5) "CONSTRUCT" OR "CONSTRUCTION"
MEANS THE PLANNING, DESIGNING, ENGINEERING, ACQUISITION, INSTALLATION,
CONSTRUCTION, OR RECONSTRUCTION OF RURAL TRANSPORTATION SYSTEMS.
(6) "COUNTY" MEANS ANY COUNTY
ORGANIZED UNDER THE LAWS OF THE STATE, INCLUDING ANY CITY AND
COUNTY.
(7) "DIVISION" MEANS THE DIVISION
OF LOCAL GOVERNMENT IN THE DEPARTMENT OF LOCAL AFFAIRS.
(8) "GOVERNMENTAL UNIT" MEANS
THE STATE OR ANY POLITICAL SUBDIVISION THEREOF, EXCEPT SCHOOL
DISTRICTS OR SPECIAL PURPOSE AUTHORITIES AS DEFINED IN SECTION
2477102 (15), C.R.S.
(9) (a) "GRANT" MEANS A
CASH PAYMENT OF PUBLIC FUNDS MADE DIRECTLY TO A RURAL TRANSPORTATION
ACTIVITY ENTERPRISE BY A GOVERNMENTAL UNIT WITHIN THE STATE, WHICH
CASH PAYMENT IS NOT REQUIRED TO BE REPAID.
(b) "GRANT" DOES NOT INCLUDE
THE FOLLOWING:
(I) PUBLIC FUNDS PAID OR ADVANCED TO A
RURAL TRANSPORTATION ACTIVITY ENTERPRISE BY A GOVERNMENTAL UNIT
IN EXCHANGE FOR AN AGREEMENT BY A RURAL TRANSPORTATION ACTIVITY
ENTERPRISE TO PROVIDE A RURAL TRANSPORTATION SYSTEM OR FOR THE
USE OF PROPERTY INCLUDED IN OR IN CONNECTION WITH A RURAL TRANSPORTATION
SYSTEM;
(II) REFUNDS MADE IN THE CURRENT OR NEXT
FISCAL YEAR;
(III) GIFTS;
(IV) ANY PAYMENTS DIRECTLY OR INDIRECTLY FROM FEDERAL FUNDS OR EARNINGS ON FEDERAL FUNDS;
(V) COLLECTIONS FOR ANOTHER GOVERNMENT;
(VI) PENSION CONTRIBUTIONS BY EMPLOYEES
AND PENSION FUND EARNINGS;
(VII) RESERVE TRANSFERS OR EXPENDITURES;
(VIII) DAMAGE AWARDS; OR
(IX) PROPERTY SALES.
(10) "MUNICIPALITY" HAS THE
SAME MEANING AS THAT PROVIDED IN SECTION 311101 (6),
C.R.S.
(11) "OPERATION AND MAINTENANCE EXPENSES"
MEANS ALL REASONABLE AND NECESSARY CURRENT EXPENSES OF THE AUTHORITY,
PAID OR ACCRUED, OF OPERATING, MAINTAINING, AND REPAIRING ANY
RURAL TRANSPORTATION SYSTEM.
(12) "PERSON" MEANS ANY NATURAL
PERSON, CORPORATION, PARTNERSHIP, ASSOCIATION, OR JOINT VENTURE,
THE UNITED STATES OF AMERICA, OR ANY GOVERNMENTAL UNIT.
(13) "REVENUES" MEANS ANY TOLLS,
FEES, RATES, CHARGES, ASSESSMENTS, TAXES, GRANTS, CONTRIBUTIONS,
OR OTHER INCOME AND REVENUES RECEIVED BY THE AUTHORITY.
(14) "RURAL REGION" MEANS ANY
AREA OF THE STATE THAT IS NOT INCLUDED IN THE BOUNDARIES OF THE
REGIONAL TRANSPORTATION DISTRICT ESTABLISHED UNDER ARTICLE 9 OF
TITLE 32, C.R.S.
(15) "RURAL TRANSPORTATION ACTIVITY
ENTERPRISE" MEANS ANY RURAL TRANSPORTATION ACTIVITY BUSINESS
OWNED BY AN AUTHORITY, WHICH ENTERPRISE RECEIVES UNDER TEN PERCENT
OF ITS ANNUAL REVENUES IN GRANTS FROM ALL STATE AND LOCAL GOVERNMENTS
WITHIN THE STATE COMBINED AND IS AUTHORIZED TO ISSUE ITS OWN REVENUE
BONDS PURSUANT TO THIS PART 6.
(16) "RURAL TRANSPORTATION SYSTEM"
MEANS ANY PROPERTY, IMPROVEMENT, OR SYSTEM DESIGNED TO BE COMPATIBLE
WITH ESTABLISHED STATE AND LOCAL TRANSPORTATION PLANS THAT TRANSPORTS
OR CONVEYS PEOPLE OR GOODS OR PERMITS PEOPLE OR GOODS TO BE TRANSPORTED
OR CONVEYED WITHIN A RURAL REGION BY ANY MEANS, INCLUDING, BUT
NOT LIMITED TO, AN AUTOMOBILE, TRUCK, BUS, RAIL, AIR, OR GONDOLA.
THE TERM INCLUDES ANY REAL OR PERSONAL PROPERTY OR EQUIPMENT,
OR INTEREST THEREIN, THAT IS APPURTENANT OR RELATED TO ANY PROPERTY,
IMPROVEMENT, OR SYSTEM THAT TRANSPORTS OR CONVEYS PEOPLE OR GOODS
OR PERMITS PEOPLE OR GOODS TO BE TRANSPORTED OR CONVEYED WITHIN
A RURAL REGION BY ANY MEANS OR THAT IS FINANCED, CONSTRUCTED,
OPERATED, OR MAINTAINED IN CONNECTION WITH THE FINANCING, CONSTRUCTION,
OPERATION, OR MAINTENANCE OF ANY SUCH PROPERTY, IMPROVEMENT, OR
SYSTEM. THE TERM MAY ALSO INCLUDE, BUT IS NOT LIMITED TO, ANY
HIGHWAY, ROAD, STREET, BUS SYSTEM, RAILROAD, AIRPORT, GONDOLA
SYSTEM, OR MASS TRANSIT SYSTEM AND ANY REAL OR PERSONAL PROPERTY
OR EQUIPMENT, OR INTEREST THEREIN, USED IN CONNECTION THEREWITH;
ANY REAL OR PERSONAL PROPERTY OR EQUIPMENT, OR INTEREST THEREIN,
THAT IS USED TO TRANSPORT OR CONVEY GAS, ELECTRICITY, WATER, SEWAGE,
OR INFORMATION OR THAT IS USED IN CONNECTION WITH THE TRANSPORTATION,
CONVEYANCE, OR PROVISIONS OF ANY OTHER UTILITIES; AND PAVING,
GRADING, LANDSCAPING, CURBS, GUTTERS, CULVERTS, SIDEWALKS, BIKEWAYS,
LIGHTING, BRIDGES, OVERPASSES, UNDERPASSES, CROSSROADS,
PARKWAYS, DRAINAGE FACILITIES, MASS TRANSIT LANES, PARKANDRIDE
FACILITIES, TOLL COLLECTION FACILITIES, SERVICE AREAS, AND ADMINISTRATIVE
OR MAINTENANCE FACILITIES. RIGHTSOFWAY INCLUDED IN
A RURAL TRANSPORTATION SYSTEM SHALL BE CONSIDERED PUBLIC RIGHTSOFWAY
FOR PURPOSES OF THE LOCATION OF UTILITIES OWNED BY PERSONS OTHER
THAN THE AUTHORITY.
(17) "STATE" MEANS THE STATE
OF COLORADO OR ANY OF ITS AGENCIES.
434603. Creation of authorities.
(1) ANY COMBINATION MAY CREATE, BY CONTRACT, AN AUTHORITY
THAT IS AUTHORIZED TO EXERCISE THE FUNCTIONS CONFERRED BY THE
PROVISIONS OF THIS PART 6 UPON THE ISSUANCE BY THE DIRECTOR OF
THE DIVISION OF A CERTIFICATE STATING THAT THE AUTHORITY HAS BEEN
DULY ORGANIZED ACCORDING TO THE LAWS OF THE STATE. THE DIRECTOR
SHALL ISSUE THE CERTIFICATE UPON THE FILING WITH THE DIRECTOR
OF A COPY OF THE CONTRACT BY THE COMBINATION JOINING IN THE CREATION
OF THE AUTHORITY. THE DIRECTOR SHALL CAUSE THE CERTIFICATE TO
BE RECORDED IN THE REAL ESTATE RECORDS IN EACH COUNTY HAVING TERRITORY
INCLUDED IN THE BOUNDARIES OF THE AUTHORITY. UPON ISSUANCE OF
THE CERTIFICATE BY THE DIRECTOR OF THE DIVISION, THE AUTHORITY
SHALL CONSTITUTE A SEPARATE POLITICAL SUBDIVISION AND BODY CORPORATE
OF THE STATE AND SHALL HAVE ALL OF THE DUTIES, PRIVILEGES, IMMUNITIES,
RIGHTS, LIABILITIES, AND DISABILITIES OF A PUBLIC BODY POLITIC
AND CORPORATE.
(2) ANY CONTRACT ESTABLISHING AN AUTHORITY
SHALL SPECIFY:
(a) THE NAME AND PURPOSE OF THE AUTHORITY
AND THE RURAL TRANSPORTATION SYSTEMS TO BE PROVIDED;
(b) THE ESTABLISHMENT AND ORGANIZATION
OF THE BOARD OF DIRECTORS IN WHICH ALL LEGISLATIVE POWER OF THE
AUTHORITY IS VESTED, INCLUDING:
(I) THE NUMBER OF DIRECTORS, WHICH SHALL
BE AT LEAST FIVE, ALL OF WHICH, EXCEPT AS PROVIDED IN SUBSECTION
(5) OF THIS SECTION, SHALL BE ELECTED OFFICIALS FROM THE MEMBERS
OF THE COMBINATION AND WHICH SHALL INCLUDE AT LEAST ONE ELECTED
OFFICIAL FROM EACH MEMBER OF THE COMBINATION;
(II) THE MANNER OF THE APPOINTMENT, THE
QUALIFICATIONS, AND THE COMPENSATION, IF ANY, OF THE DIRECTORS
AND THE PROCEDURE FOR FILLING VACANCIES;
(III) THE OFFICERS OF THE AUTHORITY, THE
MANNER OF THEIR APPOINTMENT, AND THEIR DUTIES; AND
(IV) THE VOTING REQUIREMENTS FOR ACTION
BY THE BOARD; EXCEPT THAT, UNLESS SPECIFICALLY PROVIDED OTHERWISE
IN THE CONTRACT, A MAJORITY OF THE DIRECTORS OF THE BOARD CONSTITUTES
A QUORUM AND A MAJORITY OF THE BOARD IS NECESSARY FOR ACTION BY
THE BOARD;
(c) THE PROVISIONS FOR THE DISTRIBUTION,
DISPOSITION, OR DIVISION OF THE ASSETS OF THE AUTHORITY;
(d) THE BOUNDARIES OF THE AUTHORITY, WHICH
MAY NOT INCLUDE TERRITORY OUTSIDE OF THE BOUNDARIES OF THE MEMBERS
OF THE COMBINATION, MAY NOT INCLUDE TERRITORY WITHIN THE BOUNDARIES
OF A MUNICIPALITY THAT IS NOT A MEMBER OF THE COMBINATION AS THE
BOUNDARIES OF THE MUNICIPALITY EXIST ON THE DATE THE AUTHORITY
IS CREATED WITHOUT THE CONSENT OF THE GOVERNING BODY OF SUCH MUNICIPALITY,
AND MAY NOT INCLUDE TERRITORY WITHIN THE UNINCORPORATED BOUNDARIES
OF A COUNTY THAT IS NOT A MEMBER OF THE COMBINATION AS THE UNINCORPORATED
BOUNDARIES OF THE COUNTY EXIST ON THE DATE THE AUTHORITY IS CREATED
WITHOUT THE CONSENT OF THE GOVERNING BODY OF SUCH COUNTY;
(e) THE TERM OF THE CONTRACT, WHICH MAY
BE FOR A DEFINITE TERM OR UNTIL RESCINDED OR TERMINATED, AND THE
METHOD, IF ANY, BY WHICH IT MAY BE TERMINATED OR RESCINDED; EXCEPT
THAT THE CONTRACT MAY NOT BE TERMINATED OR RESCINDED SO LONG AS
THE AUTHORITY HAS BONDS OUTSTANDING;
(f) THE PROVISIONS FOR AMENDMENT OF THE
CONTRACT;
(g) THE LIMITATIONS, IF ANY, ON THE POWERS
GRANTED BY THIS PART 6 THAT MAY BE EXERCISED BY THE AUTHORITY
PURSUANT TO THIS PART 6; AND
(h) THE CONDITIONS REQUIRED WHEN ADDING
OR DELETING PARTIES TO THE CONTRACT.
(3) NO MUNICIPALITY OR COUNTY SHALL ENTER
INTO A CONTRACT ESTABLISHING AN AUTHORITY WITHOUT HOLDING AT LEAST
TWO PUBLIC HEARINGS THEREON IN ADDITION TO OTHER REQUIREMENTS
IMPOSED BY LAW FOR PUBLIC NOTICE. THE MUNICIPALITY OR COUNTY SHALL
GIVE NOTICE OF THE TIME, PLACE, AND PURPOSE OF THE PUBLIC HEARING
BY PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION IN THE MUNICIPALITY
OR COUNTY, AS THE CASE MAY BE, AT LEAST TEN DAYS PRIOR TO THE
DATE OF THE PUBLIC HEARING.
(4) NO CONTRACT ESTABLISHING AN AUTHORITY
PURSUANT TO THIS SECTION SHALL TAKE EFFECT UNLESS FIRST SUBMITTED
TO A VOTE OF THE REGISTERED ELECTORS RESIDING WITHIN THE BOUNDARIES
OF THE PROPOSED AUTHORITY. THE QUESTION OF ESTABLISHING THE AUTHORITY
SHALL BE SUBMITTED TO SUCH REGISTERED ELECTORS AT A GENERAL ELECTION
OR A SPECIAL ELECTION CALLED FOR SUCH PURPOSE. SUCH QUESTION MAY
ALSO BE PROPOSED TO SUCH REGISTERED ELECTORS AT THE SAME TIME
AND IN THE SAME OR A SEPARATE QUESTION AS AN ELECTION REQUIRED
UNDER SECTION 434612. THE AUTHORITY SHALL NOT BE ESTABLISHED
UNLESS A MAJORITY OF THE REGISTERED ELECTORS VOTING THEREON AT
THE ELECTION VOTE IN FAVOR THEREOF. THE ELECTION SHALL BE CONDUCTED
IN SUBSTANTIALLY THE SAME MANNER AS COUNTY ELECTIONS, AND THE
COUNTY CLERK AND RECORDER OF EACH COUNTY IN WHICH THE ELECTION
IS CONDUCTED SHALL ASSIST THE MEMBERS OF THE COMBINATION OF THE
PROPOSED AUTHORITY IN CONDUCTING THE ELECTION.
(5) THE STATE, ACTING BY AND THROUGH THE
TRANSPORTATION COMMISSION, CREATED IN SECTION 431106,
AND UPON THE APPROVAL OF THE GOVERNOR, MAY JOIN IN THE CONTRACT
CREATING THE AUTHORITY. THE NUMBER OF DIRECTORS OF THE BOARD TO
WHICH THE STATE IS ENTITLED SHALL BE ESTABLISHED IN THE CONTRACT,
BUT IN NO CASE SHALL THE STATE BE ENTITLED TO LESS THAN ONE DIRECTOR.
THE GOVERNOR SHALL APPOINT THE DIRECTOR OR DIRECTORS REPRESENTING
THE STATE ON THE BOARD, WITH THE CONSENT OF THE SENATE, FOR SUCH
TERM AS ESTABLISHED BY THE GOVERNOR.
434604. Board of directors.
(1) ALL POWERS, PRIVILEGES, AND DUTIES VESTED IN OR
IMPOSED UPON THE AUTHORITY SHALL BE EXERCISED AND PERFORMED BY
AND THROUGH THE BOARD. THE BOARD, BY RESOLUTION, MAY DELEGATE
ANY OF THE POWERS OF THE BOARD TO ANY OF THE OFFICERS OR AGENTS
OF THE BOARD.
(2) ANY DIRECTOR OF THE BOARD SHALL DISQUALIFY
HIMSELF OR HERSELF FROM VOTING ON ANY ISSUE WITH RESPECT TO WHICH
THE DIRECTOR HAS A CONFLICT OF INTEREST, UNLESS THE DIRECTOR HAS
DISCLOSED THE CONFLICT OF INTEREST IN COMPLIANCE WITH SECTION
188308, C.R.S.
(3) THE BOARD, IN ADDITION TO ALL OTHER
POWERS CONFERRED BY THIS PART 6, HAS THE FOLLOWING POWERS:
(a) TO ADOPT BYLAWS;
(b) TO FIX THE TIME AND PLACE OF MEETINGS,
WHETHER WITHIN OR WITHOUT THE BOUNDARIES OF THE AUTHORITY, AND
THE METHOD OF PROVIDING NOTICE OF THE MEETINGS;
(c) TO MAKE AND PASS ORDERS AND RESOLUTIONS
NECESSARY FOR THE GOVERNMENT AND MANAGEMENT OF THE AFFAIRS OF
THE AUTHORITY AND THE EXECUTION OF THE POWERS VESTED IN THE AUTHORITY;
(d) TO ADOPT AND USE A SEAL;
(e) TO MAINTAIN OFFICES AT SUCH PLACE
OR PLACES AS THE BOARD MAY DESIGNATE;
(f) TO APPOINT, HIRE, AND RETAIN EMPLOYEES,
AGENTS, ENGINEERS, ATTORNEYS, ACCOUNTANTS, FINANCIAL ADVISORS,
INVESTMENT BANKERS, AND OTHER CONSULTANTS;
(g) TO PRESCRIBE METHODS FOR AUDITING
AND ALLOWING OR REJECTING CLAIMS AND DEMANDS; FOR THE LETTING
OF CONTRACTS FOR THE CONSTRUCTION OF IMPROVEMENTS, WORKS, OR STRUCTURES;
FOR THE ACQUISITION OF EQUIPMENT; OR FOR THE PERFORMANCE OR FURNISHING
OF SUCH LABOR, MATERIALS, OR SUPPLIES AS MAY BE REQUIRED FOR CARRYING
OUT THE PURPOSES OF THIS PART 6; AND
(h) TO APPOINT ADVISORY COMMITTEES AND
DEFINE THE DUTIES THEREOF.
434605. Powers of the authority
inclusion or exclusion of property determination
of rural transportation system alignment fund created.
(1) IN ADDITION TO ANY OTHER POWERS GRANTED TO THE
AUTHORITY PURSUANT TO THIS PART 6, THE AUTHORITY HAS THE FOLLOWING
POWERS:
(a) TO HAVE PERPETUAL EXISTENCE, EXCEPT
AS OTHERWISE PROVIDED IN THE CONTRACT;
(b) TO SUE AND BE SUED;
(c) TO ENTER INTO CONTRACTS AND AGREEMENTS
AFFECTING THE AFFAIRS OF THE AUTHORITY;
(d) TO ESTABLISH, COLLECT, AND, FROM TIME
TO TIME, INCREASE OR DECREASE FEES, TOLLS, RATES, AND CHARGES
FOR THE PRIVILEGE OF TRAVELING ON OR USING ANY PROPERTY INCLUDED
IN ANY RURAL TRANSPORTATION SYSTEM FINANCED, CONSTRUCTED, OPERATED,
OR MAINTAINED BY THE AUTHORITY, WITHOUT THE FEES, TOLLS, RATES,
AND CHARGES BEING SUBJECT TO ANY SUPERVISION OR REGULATION BY
ANY BOARD, AGENCY, BUREAU, COMMISSION, OR OFFICIAL; EXCEPT THAT
ANY FEES, TOLLS, RATES, AND CHARGES IMPOSED FOR THE USE OF ANY
RURAL TRANSPORTATION SYSTEM SHALL BE FIXED AND ADJUSTED SO THAT
THE FEES, TOLLS, RATES, AND CHARGES COLLECTED, ALONG WITH OTHER
REVENUES, IF ANY, ARE AT LEAST SUFFICIENT TO PAY FOR ANY BONDS
ISSUED PURSUANT TO THIS PART 6 AND INTEREST THEREON;
(e) TO PLEDGE ALL OR ANY PORTION OF THE
REVENUES TO THE PAYMENT OF BONDS OF THE AUTHORITY;
(f) TO FINANCE, CONSTRUCT, OPERATE, OR
MAINTAIN RURAL TRANSPORTATION SYSTEMS WITHIN OR WITHOUT THE BOUNDARIES
OF THE AUTHORITY; EXCEPT THAT THE AUTHORITY SHALL NOT CONSTRUCT
RURAL TRANSPORTATION SYSTEMS IN ANY TERRITORY LOCATED OUTSIDE
THE BOUNDARIES OF THE AUTHORITY AND WITHIN THE BOUNDARIES OF A
MUNICIPALITY AS THE BOUNDARIES OF THE MUNICIPALITY EXIST ON THE
DATE THE AUTHORITY IS CREATED WITHOUT THE CONSENT OF THE GOVERNING
BODY OF SUCH MUNICIPALITY OR OUTSIDE THE BOUNDARIES OF THE AUTHORITY
AND WITHIN THE UNINCORPORATED BOUNDARIES OF A COUNTY AS THE UNINCORPORATED
BOUNDARIES OF THE COUNTY EXIST ON THE DATE THE AUTHORITY IS CREATED
WITHOUT THE CONSENT OF THE GOVERNING BODY OF SUCH COUNTY;
(g) TO PURCHASE, TRADE, EXCHANGE, ACQUIRE,
BUY, SELL, LEASE, LEASE WITH AN OPTION TO PURCHASE, DISPOSE OF,
AND ENCUMBER REAL OR PERSONAL PROPERTY AND ANY INTEREST THEREIN,
INCLUDING EASEMENTS AND RIGHTSOFWAY;
(h) TO ACCEPT REAL OR PERSONAL PROPERTY
FOR THE USE OF THE AUTHORITY AND TO ACCEPT GIFTS AND CONVEYANCES
UPON THE TERMS AND CONDITIONS AS THE BOARD MAY APPROVE;
(i) TO IMPOSE AN ANNUAL MOTOR VEHICLE
REGISTRATION FEE OF NOT MORE THAN TEN DOLLARS FOR EACH MOTOR VEHICLE
REGISTERED WITH THE COUNTY CLERK AND RECORDER OF THE COUNTY BY
PERSONS RESIDING IN ALL OR ANY DESIGNATED PORTION OF THE MEMBERS
OF THE COMBINATION; EXCEPT THAT THE AUTHORITY SHALL NOT IMPOSE
A MOTOR REGISTRATION FEE WITH RESPECT TO MOTOR VEHICLES REGISTERED
TO PERSONS RESIDING OUTSIDE THE BOUNDARIES OF THE AUTHORITY AND
WITHIN THE BOUNDARIES OF A MUNICIPALITY AS THE BOUNDARIES OF THE
MUNICIPALITY EXIST ON THE DATE THE AUTHORITY IS CREATED WITHOUT
THE CONSENT OF THE GOVERNING BODY OF SUCH MUNICIPALITY OR OUTSIDE
THE BOUNDARIES OF THE AUTHORITY AND WITHIN THE UNINCORPORATED
BOUNDARIES OF A COUNTY AS THE UNINCORPORATED BOUNDARIES OF THE
COUNTY EXIST ON THE DATE THE AUTHORITY IS CREATED WITHOUT THE
CONSENT OF THE GOVERNING BODY OF SUCH COUNTY. THE REGISTRATION
FEE IS IN ADDITION TO ANY FEE OR TAX IMPOSED BY THE STATE OR ANY
OTHER GOVERNMENTAL UNIT. IF A MOTOR VEHICLE IS REGISTERED IN A
COUNTY THAT IS A MEMBER OF MORE THAN ONE AUTHORITY, THE TOTAL
OF ALL FEES IMPOSED PURSUANT TO THIS PARAGRAPH (i) FOR ANY SUCH
MOTOR VEHICLE SHALL NOT EXCEED TEN DOLLARS. THE COUNTY CLERK AND
RECORDER OF THE COUNTY IN WHICH THE REGISTRATION FEE IS IMPOSED
SHALL COLLECT THE FEE AND REMIT THE FEE TO THE AUTHORITY. THE
AUTHORITY SHALL APPLY THE REGISTRATION FEES SOLELY TO THE FINANCING,
CONSTRUCTION, OPERATION, OR MAINTENANCE OF RURAL TRANSPORTATION
SYSTEMS THAT ARE CONSISTENT WITH THE EXPENDITURES SPECIFIED IN
SECTION 18 OF ARTICLE X OF THE STATE CONSTITUTION.
(j) SUBJECT TO THE PROVISIONS OF SECTION
434612, TO LEVY, IN ALL OR ANY DESIGNATED PORTION
OF THE MEMBERS OF THE COMBINATION, A SALES OR USE TAX, OR BOTH,
AT A RATE NOT TO EXCEED FOURTENTHS OF ONE PERCENT UPON EVERY
TRANSACTION OR OTHER INCIDENT WITH RESPECT TO WHICH A SALES OR
USE TAX IS LEVIED BY THE STATE; EXCEPT THAT THE AUTHORITY SHALL
NOT LEVY ANY SUCH SALES OR USE TAX ON ANY TRANSACTION OR OTHER
INCIDENT OCCURRING IN ANY TERRITORY LOCATED OUTSIDE THE BOUNDARIES
OF THE AUTHORITY AND WITHIN THE BOUNDARIES OF A MUNICIPALITY AS
THE BOUNDARIES OF THE MUNICIPALITY EXIST ON THE DATE THE AUTHORITY
IS CREATED WITHOUT THE CONSENT OF THE GOVERNING BODY OF SUCH MUNICIPALITY
OR OUTSIDE THE BOUNDARIES OF THE AUTHORITY AND WITHIN THE UNINCORPORATED
BOUNDARIES OF A COUNTY AS THE UNINCORPORATED BOUNDARIES EXIST
ON THE DATE THE AUTHORITY IS CREATED WITHOUT THE CONSENT OF THE
GOVERNING BODY OF SUCH COUNTY. THE TAX IMPOSED PURSUANT TO THIS
PARAGRAPH (j) IS IN ADDITION TO ANY OTHER SALES OR USE TAX IMPOSED
PURSUANT TO LAW AND IS EXEMPT FROM THE LIMITATION IMPOSED BY SECTION
292108, C.R.S. IF A MEMBER OF THE COMBINATION IS LOCATED
WITHIN MORE THAN ONE AUTHORITY, THE SALES OR USE TAX, OR BOTH,
AUTHORIZED BY THIS PARAGRAPH (j) SHALL NOT EXCEED FOURTENTHS
OF ONE PERCENT UPON EVERY TRANSACTION OR OTHER INCIDENT WITH RESPECT
TO WHICH A SALES OR USE TAX IS LEVIED BY THE STATE. THE EXECUTIVE
DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL COLLECT, ADMINISTER,
AND ENFORCE THE SALES OR USE TAX, TO THE EXTENT FEASIBLE, IN THE
MANNER PROVIDED IN SECTION 292106, C.R.S. THE DIRECTOR
SHALL MAKE MONTHLY DISTRIBUTIONS OF THE TAX COLLECTIONS TO THE
AUTHORITY, WHICH SHALL APPLY THE PROCEEDS SOLELY TO THE FINANCING,
CONSTRUCTION, OPERATION, OR MAINTENANCE OF RURAL TRANSPORTATION
SYSTEMS. THE DEPARTMENT OF REVENUE SHALL RETAIN AN AMOUNT NOT
TO EXCEED THE COST OF THE COLLECTION, ADMINISTRATION, AND ENFORCEMENT
AND SHALL TRANSMIT THE AMOUNT TO THE STATE TREASURER, WHO SHALL
CREDIT THE SAME TO THE RURAL TRANSPORTATION AUTHORITY SALES TAX
FUND, WHICH FUND IS HEREBY CREATED. THE AMOUNTS SO RETAINED ARE
HEREBY APPROPRIATED ANNUALLY FROM THE FUND TO THE DEPARTMENT OF
REVENUE TO THE EXTENT NECESSARY FOR THE DEPARTMENT'S COLLECTION,
ADMINISTRATION, AND ENFORCEMENT OF THE PROVISIONS OF THIS PART
6. ANY MONEYS REMAINING IN THE FUND ATTRIBUTABLE TO TAXES COLLECTED
IN THE PRIOR FISCAL YEAR SHALL BE TRANSMITTED TO THE AUTHORITY;
EXCEPT THAT, PRIOR TO THE TRANSMISSION TO THE AUTHORITY OF SUCH
MONEYS, ANY MONEYS APPROPRIATED FROM THE GENERAL FUND TO THE DEPARTMENT
OF REVENUE FOR THE COLLECTION, ADMINISTRATION, AND ENFORCEMENT
OF THE TAX FOR THE PRIOR FISCAL YEAR SHALL BE REPAID.
(k) TO HAVE AND EXERCISE ALL RIGHTS AND
POWERS NECESSARY OR INCIDENTAL TO OR IMPLIED FROM THE SPECIFIC
POWERS GRANTED BY THIS PART 6. THE SPECIFIC POWERS SHALL NOT BE
CONSIDERED AS A LIMITATION UPON ANY POWER NECESSARY OR APPROPRIATE
TO CARRY OUT THE PURPOSES AND INTENT OF THIS PART 6.
(2) (a) THE BOARD MAY INCLUDE PROPERTY
WITHIN OR EXCLUDE PROPERTY FROM THE BOUNDARIES OF THE AUTHORITY
IN THE MANNER PROVIDED IN THIS SUBSECTION (2). PROPERTY MAY NOT
BE INCLUDED WITHIN THE BOUNDARIES OF THE AUTHORITY UNLESS IT IS
WITHIN THE BOUNDARIES OF THE MEMBERS OF THE COMBINATION AND IS
CONTIGUOUS TO PROPERTY WITHIN THE BOUNDARIES OF THE AUTHORITY
AT THE TIME OF THE INCLUSION. PROPERTY LOCATED WITHIN THE BOUNDARIES
OF A MUNICIPALITY THAT IS NOT A MEMBER OF THE COMBINATION AS THE
BOUNDARIES OF THE MUNICIPALITY EXIST ON THE DATE THE PROPERTY
IS INCLUDED MAY NOT BE INCLUDED WITHOUT THE CONSENT OF THE GOVERNING
BODY OF SUCH MUNICIPALITY, AND PROPERTY WITHIN THE UNINCORPORATED
BOUNDARIES OF A COUNTY THAT IS NOT A MEMBER OF THE COMBINATION
AS THE UNINCORPORATED BOUNDARIES OF THE COUNTY EXIST ON THE DATE
THE PROPERTY IS INCLUDED MAY NOT BE INCLUDED WITHOUT THE CONSENT
OF THE GOVERNING BODY OF SUCH COUNTY.
(b) (I) PRIOR TO ANY INCLUSION IN
OR EXCLUSION OF PROPERTY FROM THE BOUNDARIES OF THE AUTHORITY,
THE BOARD SHALL CAUSE NOTICE OF THE PROPOSED INCLUSION OR EXCLUSION
TO BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN THE
BOUNDARIES OF THE AUTHORITY AND CAUSE THE NOTICE TO BE MAILED
TO THE DIVISION, TO THE TRANSPORTATION COMMISSION, AND TO THE
OWNERS OF PROPERTY TO BE INCLUDED OR EXCLUDED AT THE LASTKNOWN
ADDRESS DESCRIBED FOR THE OWNERS IN THE REAL ESTATE RECORDS OF
THE COUNTY IN WHICH THE PROPERTY IS LOCATED. THE NOTICE SHALL
DESCRIBE THE PROPERTY TO BE INCLUDED IN OR EXCLUDED FROM THE BOUNDARIES
OF THE AUTHORITY, SHALL SPECIFY THE DATE, TIME, AND PLACE AT WHICH
THE BOARD SHALL HOLD A PUBLIC HEARING ON THE PROPOSED INCLUSION
OR EXCLUSION, AND SHALL STATE THAT PERSONS HAVING OBJECTIONS TO
THE INCLUSION OR EXCLUSION MAY APPEAR AT THE PUBLIC HEARING TO
OBJECT TO THE PROPOSED INCLUSION OR EXCLUSION. THE DATE OF THE
PUBLIC HEARING CONTAINED IN THE NOTICE SHALL BE NOT LESS THAN
TWENTY DAYS AFTER THE MAILING AND PUBLICATION OF THE NOTICE. THE
BOARD, AT THE TIME AND PLACE DESIGNATED IN THE NOTICE OR AT SUCH
TIMES AND PLACES TO WHICH THE HEARING MAY BE ADJOURNED, SHALL
HEAR ALL OBJECTIONS TO THE PROPOSED INCLUSION OR EXCLUSION.
(II) THE BOARD, UPON THE AFFIRMATIVE VOTE
OF TWOTHIRDS OF THE DIRECTORS OF THE BOARD, MAY ADOPT A
RESOLUTION INCLUDING OR EXCLUDING ALL OR ANY PORTION OF THE PROPERTY
DESCRIBED IN THE NOTICE. UPON THE ADOPTION OF THE RESOLUTION,
THE PROPERTY SHALL BE INCLUDED WITHIN OR EXCLUDED FROM THE BOUNDARIES
OF THE AUTHORITY AS SET FORTH IN THE RESOLUTION. THE BOARD MAY
ADOPT THE RESOLUTION WITHOUT AMENDING THE CONTRACT REQUIRED BY
SECTION 434603 (2). THE BOARD SHALL FILE THE RESOLUTION
WITH THE DIRECTOR OF THE DIVISION, WHO SHALL CAUSE THE RESOLUTION
TO BE RECORDED IN THE REAL ESTATE RECORDS OF EACH COUNTY HAVING
TERRITORY INCLUDED IN THE BOUNDARIES OF THE AUTHORITY.
(c) ALL PROPERTY EXCLUDED FROM THE AUTHORITY
SHALL THEREAFTER BE SUBJECT TO THE REVENUERAISING POWERS
OF THE AUTHORITY ONLY TO THE EXTENT THAT THE POWERS HAVE BEEN
EXERCISED BY THE AUTHORITY AGAINST THE PROPERTY OR ACTIVITIES
OCCURRING ON THE PROPERTY PRIOR TO THE EXCLUSION AND TO THE EXTENT
REQUIRED TO COMPLY WITH AGREEMENTS WITH THE HOLDERS OF BONDS OUTSTANDING
AT THE TIME OF THE EXCLUSION. ALL PROPERTY OR ACTIVITIES OCCURRING
ON THE PROPERTY INCLUDED WITHIN THE AUTHORITY SHALL THEREAFTER
BE SUBJECT TO THE REVENUERAISING POWERS OF THE AUTHORITY.
IN NO WAY WILL THIS SECTION AFFECT OR INCREASE PROPERTY TAXES
IN THE AFFECTED TERRITORY OR JURISDICTION.
(3) PROPERTY INCLUDED IN AN AUTHORITY
PURSUANT TO THIS SECTION ARE SUBJECT TO THE SAME MILL LEVIES AND
OTHER TAXES LEVIED OR TO BE LEVIED ON OTHER SIMILARLY SITUATED
PROPERTY AT THE TIME THE ADDITIONAL PROPERTY IS INCLUDED. THE
NEWLY INCLUDED PROPERTY IS AN ADDITION TO TAXABLE REAL PROPERTY,
AND THE APPLICATION OF SUCH LEVIES AND OTHER TAXES TO THE NEWLY
INCLUDED PROPERTY IS NOT SUBJECT TO THE REQUIREMENTS OF SECTION
20 (4) OF ARTICLE X OF THE STATE CONSTITUTION. THIS SUBSECTION
(3) IS INTENDED TO PLACE NEWLY INCLUDED PROPERTY AND SIMILARLY
SITUATED EXISTING PROPERTY WITHIN AN AUTHORITY ON AN EQUAL BASIS.
(4) THE BOARD, UPON THE AFFIRMATIVE VOTE
OF TWOTHIRDS OF THE DIRECTORS OF THE BOARD, MAY DETERMINE
THE LOCATION OF THE RURAL TRANSPORTATION SYSTEM.
(5) ANY RURAL TRANSPORTATION SYSTEM CONSTRUCTED
BY AN AUTHORITY UNDER THIS PART 6 THAT IS FUNDED, IN WHOLE OR
IN PART, FROM THE HIGHWAY USERS TAX FUND AND THAT MAY BE REASONABLY
EXPECTED TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS IN THE AGGREGATE
FOR ANY FISCAL YEAR SHALL BE SUBJECT TO THE CONSTRUCTION BIDDING
PROVISIONS IN PART 7 OF ARTICLE 1 OF TITLE 29, C.R.S. IF THE STATE
IS INVOLVED IN THE CONSTRUCTION OF SUCH RURAL TRANSPORTATION SYSTEM,
THE CONSTRUCTION BIDDING PROVISIONS IN ARTICLE 92 OF TITLE 24,
C.R.S., SHALL APPLY. NOTHING HEREIN SHALL BE CONSTRUED TO AFFECT
THE ABILITY OF SUCH ENTITIES TO ENTER INTO DESIGNBUILD CONTRACTS
UNDER APPLICABLE STATE LAWS.
(6) IN EXERCISING ANY OF THE POWERS TO
IMPOSE TAXES PURSUANT TO SUBSECTION (1) OF THIS SECTION, AN AUTHORITY
SHALL, WHENEVER POSSIBLE, ASSESS ANY SUCH TAX WITHIN THE BOUNDARIES
OF EXISTING TAXING DISTRICTS IN ORDER TO REDUCE THE ADMINISTRATIVE
COSTS OF THE DEPARTMENT OF REVENUE.
434606. Establishment of
rural transportation activity enterprises.
(1) ANY AUTHORITY MAY ESTABLISH RURAL TRANSPORTATION
ACTIVITY ENTERPRISES FOR THE PURPOSE OF PURSUING OR CONTINUING
ACTIVITIES AUTHORIZED BY THIS PART 6. ANY RURAL TRANSPORTATION
ACTIVITY ENTERPRISE ESTABLISHED OR MAINTAINED PURSUANT TO THIS
PART 6 IS NOT SUBJECT TO THE PROVISIONS OF SECTION 20 OF ARTICLE X
OF THE STATE CONSTITUTION.
(2) (a) EACH RURAL TRANSPORTATION
ACTIVITY ENTERPRISE SHALL BE WHOLLY OWNED BY A SINGLE AUTHORITY
AND SHALL NOT BE COMBINED WITH ANY RURAL TRANSPORTATION ACTIVITY
ENTERPRISE OWNED BY ANOTHER AUTHORITY; EXCEPT THAT EACH AUTHORITY
MAY ESTABLISH MORE THAN ONE RURAL TRANSPORTATION ACTIVITY ENTERPRISE
AND EACH RURAL TRANSPORTATION ACTIVITY ENTERPRISE MAY CONDUCT
OR CONTINUE TO CONDUCT ONE OR MORE ACTIVITIES AUTHORIZED BY THIS
PART 6 AS MAY BE DETERMINED BY THE GOVERNING BODY OF THE RURAL
TRANSPORTATION ACTIVITY ENTERPRISE.
(b) THIS SUBSECTION (2) DOES NOT LIMIT
THE AUTHORITY OF A RURAL TRANSPORTATION ACTIVITY ENTERPRISE TO
CONTRACT WITH ANY OTHER PERSON OR ENTITY, INCLUDING OTHER AUTHORITIES,
OTHER STATE OR LOCAL GOVERNMENTS, OR OTHER RURAL TRANSPORTATION
ACTIVITY ENTERPRISES.
(3) THE GOVERNING BODY OF A RURAL TRANSPORTATION
ACTIVITY ENTERPRISE IS THE BOARD OF THE AUTHORITY THAT OWNS THE
ENTERPRISE.
(4) THE GOVERNING BODY FOR EACH RURAL
TRANSPORTATION ACTIVITY ENTERPRISE MAY EXERCISE THE AUTHORITY'S
LEGAL AUTHORITY RELATING TO ACTIVITIES AUTHORIZED BY THIS PART
6, BUT NO RURAL TRANSPORTATION ACTIVITY ENTERPRISE MAY LEVY A
TAX THAT IS SUBJECT TO THE REQUIREMENTS OF SECTION 20 (4) OF ARTICLE
X OF THE STATE CONSTITUTION.
(5) EACH RURAL TRANSPORTATION ACTIVITY
ENTERPRISE, THROUGH ITS GOVERNING BODY, MAY ISSUE OR REISSUE REVENUE
BONDS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 434609.
EACH BOND ISSUED UNDER THIS SUBSECTION (5) SHALL RECITE IN SUBSTANCE
THAT THE BOND, INCLUDING THE INTEREST THEREON, IS PAYABLE FROM
THE REVENUES AND OTHER AVAILABLE FUNDS OF THE RURAL TRANSPORTATION
ACTIVITY ENTERPRISE PLEDGED FOR THE PAYMENT THEREOF.
(6) THE POWERS PROVIDED IN THIS SECTION
FOR RURAL TRANSPORTATION ACTIVITY ENTERPRISES SHALL NOT MODIFY,
LIMIT, OR AFFECT THE POWERS CONFERRED BY ANY OTHER LAW, EITHER
DIRECTLY OR INDIRECTLY.
(7) LOAN AGREEMENTS SUBJECT TO REPAYMENT
OR CONTRACTS TO PROVIDE RURAL TRANSPORTATION SYSTEMS OR THE USE
OF PROPERTY INCLUDED IN OR IN CONNECTION WITH A RURAL TRANSPORTATION
SYSTEM, WHICH INVOLVE THE PAYMENT OF FUNDS FOR SUCH SYSTEMS OR
THE USE OF THE PROPERTY TO AN AUTHORITY OR ITS RURAL TRANSPORTATION
ACTIVITY ENTERPRISE BY A STATE OR LOCAL GOVERNMENT OR BY ANOTHER
AUTHORITY OR RURAL TRANSPORTATION ACTIVITY ENTERPRISE, ARE NOT
GRANTS FOR PURPOSES OF THE DEFINITION OF ENTERPRISE UNDER SECTION 20
(2) (d) OF ARTICLE X OF THE STATE CONSTITUTION.
(8) AN AUTHORITY OR ITS RURAL TRANSPORTATION
ACTIVITY ENTERPRISE MAY CONTRACT WITH ANY OTHER GOVERNMENTAL OR
PRIVATE SOURCE OF FUNDING FOR LOANS AND GRANTS RELATED TO RURAL
TRANSPORTATION ACTIVITY ENTERPRISE FUNCTIONS.
(9) REVENUES COLLECTED OR SPENT BY AN
AUTHORITY FOR RURAL TRANSPORTATION SYSTEMS OR THE USE OF PROPERTY
INCLUDED IN OR IN CONNECTION WITH A RURAL TRANSPORTATION SYSTEM
RENDERED OR PROVIDED BY A RURAL TRANSPORTATION ACTIVITY ENTERPRISE
OWNED BY THE AUTHORITY ARE NOT SUBJECT TO THE PROVISIONS OF SECTION 20
(4) AND (7) OF ARTICLE X OF THE STATE CONSTITUTION.
(10) THE RATES OR A CHANGE IN THE RATES
CHARGED BY AN AUTHORITY FOR RURAL TRANSPORTATION SYSTEMS OR FOR
THE USE OF PROPERTY INCLUDED IN OR IN CONNECTION WITH A RURAL
TRANSPORTATION SYSTEM RENDERED OR PROVIDED BY A RURAL TRANSPORTATION
ACTIVITY ENTERPRISE OWNED BY THE AUTHORITY ARE NOT TAXES SUBJECT
TO THE PROVISIONS OF SECTION 20 (4) AND (7) OF ARTICLE X
OF THE STATE CONSTITUTION.
(11) THE AUTHORITY GRANTED TO A RURAL
TRANSPORTATION ACTIVITY ENTERPRISE UNDER THIS SECTION IS IN ADDITION
TO ALL OTHER AUTHORITY PROVIDED BY LAW. NOTHING CONTAINED IN THIS
PART 6 SHALL BE CONSTRUED TO REQUIRE THE ESTABLISHMENT, OPERATION,
OR CONTINUATION OF A RURAL TRANSPORTATION ACTIVITY ENTERPRISE
OR TO LIMIT THE AUTHORITY OF ANY STATE OR LOCAL GOVERNMENT TO
UTILIZE OTHER POLICIES AND PROCEDURES FOR ESTABLISHING, OPERATING,
OR CONTINUING ANY ENTERPRISE FOR ANY LAWFUL PURPOSE.
434607. Traffic laws
toll collection. (1) THE TRAFFIC
LAWS OF THIS STATE AND OF ANY MUNICIPALITY, IN WHICH A RURAL TRANSPORTATION
SYSTEM IS CONSTRUCTED, OPERATED, OR MAINTAINED BY AN AUTHORITY,
AND THE AUTHORITY'S RULES AND REGULATIONS REGARDING TOLL COLLECTION
AND ENFORCEMENT SHALL PERTAIN TO AND GOVERN THE USE OF ANY SUCH
RURAL TRANSPORTATION SYSTEM ON WHICH VEHICLES SUBJECT TO THE TRAFFIC
LAWS OR RULES AND REGULATIONS ARE OPERATED. STATE AND LOCAL LAW
ENFORCEMENT AUTHORITIES ARE AUTHORIZED TO ENTER INTO TRAFFIC AND
TOLL ENFORCEMENT AGREEMENTS WITH AUTHORITIES. ANY FUNDS RECEIVED
BY A STATE LAW ENFORCEMENT AUTHORITY PURSUANT TO THE TOLL ENFORCEMENT
AGREEMENT ARE SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY
TO THE LAW ENFORCEMENT AUTHORITY FOR THE PURPOSE OF PERFORMING
ITS DUTIES PURSUANT TO THE AGREEMENT.
(2) ANY PERSON WHO FAILS TO PAY A REQUIRED
FEE, TOLL, RATE, OR CHARGE FOR THE PRIVILEGE OF TRAVELING ON OR
USING ANY PROPERTY INCLUDED IN A RURAL TRANSPORTATION SYSTEM PURSUANT
TO THIS PART 6 IS SUBJECT TO THE PENALTY SPECIFIED IN SECTIONS
424613 AND 4241701 (4) (a) (I) (G), C.R.S.
434608. Local improvement
districts. THE BOARD MAY ESTABLISH LOCAL
IMPROVEMENT DISTRICTS WITHIN THE BOUNDARIES OF THE AUTHORITY TO
FACILITATE THE FINANCING, CONSTRUCTION, OPERATION, OR MAINTENANCE
OF RURAL TRANSPORTATION SYSTEMS. THE BOARD MAY ESTABLISH SUCH
LOCAL IMPROVEMENT DISTRICTS WHENEVER ANY AREA WITHIN THE BOUNDARIES
OF THE AUTHORITY, IN THE OPINION OF THE BOARD, WILL BE ESPECIALLY
BENEFITED BY THE FINANCING, CONSTRUCTION, OPERATION, OR MAINTENANCE
OF A RURAL TRANSPORTATION SYSTEM. THE BOARD SHALL NOT ESTABLISH
A LOCAL IMPROVEMENT DISTRICT UNLESS THE BOARD RECEIVES A PETITION
SIGNED BY THE OWNERS OF THE PROPERTY THAT WILL BEAR A MAJORITY
OF THE PROPOSED ASSESSMENTS AND A PETITION SIGNED BY THE LESSER
OF A MAJORITY OF THE REGISTERED ELECTORATE IN THE PROPOSED DISTRICT
OR ONE THOUSAND REGISTERED ELECTORS IN THE PROPOSED DISTRICT.
THE METHOD OF CREATING LOCAL IMPROVEMENT DISTRICTS, MAKING THE
IMPROVEMENTS, AND ASSESSING THE COSTS THEREOF SHALL BE AS PROVIDED
IN PART 6 OF ARTICLE 20 OF TITLE 30, C.R.S.; EXCEPT THAT THE BOARD
SHALL PERFORM THE DUTIES OF THE BOARD OF COUNTY COMMISSIONERS
THEREUNDER AND THE IMPROVEMENTS SHALL BE RURAL TRANSPORTATION
SYSTEMS AS DEFINED BY SECTION 434602 (16).
434609. Bonds.
(1) THE AUTHORITY MAY, FROM TIME TO TIME, ISSUE BONDS
FOR ANY OF ITS CORPORATE PURPOSES. THE AUTHORITY SHALL ISSUE THE
BONDS PURSUANT TO RESOLUTION OF THE BOARD, AND THE BONDS SHALL
BE PAYABLE SOLELY OUT OF ALL OR A SPECIFIED PORTION OF THE REVENUES
AS DESIGNATED BY THE BOARD.
(2) AS PROVIDED IN THE RESOLUTION OF THE
BOARD UNDER WHICH THE BONDS ARE AUTHORIZED TO BE ISSUED OR AS
PROVIDED IN A TRUST INDENTURE BETWEEN THE AUTHORITY AND ANY COMMERCIAL
BANK OR TRUST COMPANY HAVING FULL TRUST POWERS, THE BONDS MAY:
(a) BE EXECUTED AND DELIVERED BY THE AUTHORITY
AT SUCH TIMES;
(b) BE IN SUCH FORM AND DENOMINATIONS
AND INCLUDE SUCH TERMS AND MATURITIES;
(c) BE SUBJECT TO OPTIONAL OR MANDATORY
REDEMPTION PRIOR TO MATURITY WITH OR WITHOUT A PREMIUM;
(d) BE IN FULLY REGISTERED FORM OR BEARER
FORM REGISTRABLE AS TO PRINCIPAL OR INTEREST OR BOTH;
(e) BEAR SUCH CONVERSION PRIVILEGES;
(f) BE PAYABLE IN SUCH INSTALLMENTS AND
AT SUCH TIMES NOT EXCEEDING FORTY YEARS FROM THE DATE THEREOF;
(g) BE PAYABLE AT SUCH PLACE OR PLACES
WHETHER WITHIN OR WITHOUT THE STATE;
(h) BEAR INTEREST AT SUCH RATE OR RATES
PER ANNUM, WHICH MAY BE FIXED OR VARY ACCORDING TO INDEX, PROCEDURE,
OR FORMULA OR AS DETERMINED BY THE AUTHORITY OR ITS AGENTS, WITHOUT
REGARD TO ANY INTEREST RATE LIMITATION APPEARING IN ANY OTHER
LAW OF THE STATE;
(i) BE SUBJECT TO PURCHASE AT THE OPTION
OF THE HOLDER OR THE AUTHORITY AND BE EVIDENCED IN SUCH MANNER;
(j) BE EXECUTED BY THE OFFICERS OF THE
AUTHORITY, INCLUDING THE USE OF ONE OR MORE FACSIMILE SIGNATURES
SO LONG AS AT LEAST ONE MANUAL SIGNATURE APPEARS ON THE BONDS,
WHICH SIGNATURES MAY BE EITHER OF AN OFFICER OF THE AUTHORITY
OR OF AN AGENT AUTHENTICATING THE SAME;
(k) BE IN THE FORM OF COUPON BONDS THAT
HAVE ATTACHED INTEREST COUPONS BEARING A MANUAL OR FACSIMILE SIGNATURE
OF AN OFFICER OF THE AUTHORITY; AND
(l) CONTAIN SUCH PROVISIONS NOT INCONSISTENT
WITH THIS PART 6.
(3) THE BONDS MAY BE SOLD AT PUBLIC OR
PRIVATE SALE AT SUCH PRICE OR PRICES, IN SUCH MANNER, AND AT SUCH
TIMES AS DETERMINED BY THE BOARD, AND THE BOARD MAY PAY ALL FEES,
EXPENSES, AND COMMISSIONS THAT IT DEEMS NECESSARY OR ADVANTAGEOUS
IN CONNECTION WITH THE SALE OF THE BONDS. THE POWER TO FIX THE
DATE OF SALE OF THE BONDS, TO RECEIVE BIDS OR PROPOSALS, TO AWARD
AND SELL BONDS, TO FIX INTEREST RATES, AND TO TAKE ALL OTHER ACTION
NECESSARY TO SELL AND DELIVER THE BONDS MAY BE DELEGATED TO AN
OFFICER OR AGENT OF THE AUTHORITY. ANY OUTSTANDING BONDS MAY BE
REFUNDED BY THE AUTHORITY PURSUANT TO ARTICLE 56 OF TITLE 11,
C.R.S. ALL BONDS AND ANY INTEREST COUPONS APPLICABLE THERETO ARE
DECLARED TO BE NEGOTIABLE INSTRUMENTS.
(4) THE RESOLUTION OR TRUST INDENTURE
AUTHORIZING THE ISSUANCE OF THE BONDS MAY PLEDGE ALL OR A PORTION
OF THE REVENUES OF THE AUTHORITY, MAY CONTAIN SUCH PROVISIONS
FOR PROTECTING AND ENFORCING THE RIGHTS AND REMEDIES OF HOLDERS
OF ANY OF THE BONDS AS THE AUTHORITY DEEMS APPROPRIATE, MAY SET
FORTH THE RIGHTS AND REMEDIES OF THE HOLDERS OF ANY OF THE BONDS,
AND MAY CONTAIN PROVISIONS THAT THE AUTHORITY DEEMS APPROPRIATE
FOR THE SECURITY OF THE HOLDERS OF THE BONDS, INCLUDING, BUT NOT
LIMITED TO, PROVISIONS FOR LETTERS OF CREDIT, INSURANCE, STANDBY
CREDIT AGREEMENTS, OR OTHER FORMS OF CREDIT ENSURING TIMELY PAYMENT
OF THE BONDS, INCLUDING THE REDEMPTION PRICE OR THE PURCHASE PRICE.
(5) ANY PLEDGE OF REVENUES OR PROPERTY
MADE BY THE AUTHORITY OR BY ANY PERSON OR GOVERNMENTAL UNIT WITH
WHICH THE AUTHORITY CONTRACTS SHALL BE VALID AND BINDING FROM
THE TIME THE PLEDGE IS MADE. THE REVENUES OR PROPERTY SO PLEDGED
SHALL IMMEDIATELY BE SUBJECT TO THE LIEN OF THE PLEDGE WITHOUT
ANY PHYSICAL DELIVERY OR FURTHER ACT, AND THE LIEN OF THE PLEDGE
SHALL BE VALID AND BINDING AGAINST ALL PARTIES HAVING CLAIMS OF
ANY KIND IN TORT, CONTRACT, OR OTHERWISE AGAINST THE PLEDGING
PARTY, IRRESPECTIVE OF WHETHER SUCH CLAIMING PARTY HAS NOTICE
OF SUCH LIEN. THE INSTRUMENT BY WHICH THE PLEDGE IS CREATED NEED
NOT BE RECORDED OR FILED.
(6) NEITHER THE DIRECTORS OF THE BOARD,
EMPLOYEES OF THE AUTHORITY, OR ANY PERSON EXECUTING THE BONDS
SHALL BE LIABLE PERSONALLY ON THE BONDS OR SUBJECT TO ANY PERSONAL
LIABILITY OR ACCOUNTABILITY BY REASON OF THE ISSUANCE THEREOF.
(7) THE AUTHORITY MAY PURCHASE ITS BONDS
OUT OF ANY AVAILABLE FUNDS AND MAY HOLD, PLEDGE, CANCEL, OR RESELL
THE BONDS SUBJECT TO AND IN ACCORDANCE WITH AGREEMENTS WITH THE
HOLDERS THEREOF.
434610. Cooperative powers.
(1) THE AUTHORITY HAS THE POWER TO COOPERATE WITH ANY
PERSON:
(a) TO ACCEPT CONTRIBUTIONS, LOANS, ADVANCES,
OR LIENS SECURING OBLIGATIONS TO OR OF THE AUTHORITY FROM ANY
PERSON WITH RESPECT TO THE FINANCING, CONSTRUCTION, OPERATION,
OR MAINTENANCE OF A RURAL TRANSPORTATION SYSTEM AND, IN CONNECTION
WITH ANY LOAN OR ADVANCE, TO ENTER INTO CONTRACTS ESTABLISHING
THE REPAYMENT TERMS;
(b) TO ENTER INTO CONTRACTS WITH RESPECT
TO AND TO COOPERATE IN THE FINANCING, CONSTRUCTION, OPERATION,
OR MAINTENANCE OF A SPECIFIED RURAL TRANSPORTATION SYSTEM;
(c) TO ENTER INTO JOINT OPERATING CONTRACTS
CONCERNING A RURAL TRANSPORTATION SYSTEM;
(d) TO ACQUIRE EASEMENTS OR RIGHTSOFWAY
FOR A RURAL TRANSPORTATION SYSTEM;
(e) TO TRANSFER DOMINION OVER ALL OR ANY
PORTION OF A RURAL TRANSPORTATION SYSTEM FINANCED, CONSTRUCTED,
OPERATED, OR MAINTAINED BY THE AUTHORITY TO THE FEDERAL GOVERNMENT,
THE STATE GOVERNMENT, OTHER GOVERNMENTAL UNITS, OR ANY PERSON;
AND
(f) TO DESIGNATE A RURAL TRANSPORTATION
SYSTEM AS PART OF THE FEDERAL HIGHWAY SYSTEM, THE STATE HIGHWAY
SYSTEM, A COUNTY HIGHWAY SYSTEM, OR A MUNICIPAL HIGHWAY SYSTEM
IF THE PERSON WITH JURISDICTION OVER THE APPLICABLE HIGHWAY SYSTEM
CONSENTS TO THE DESIGNATION.
434611. Powers of governmental
units. (1) A GOVERNMENTAL UNIT,
FOR THE PURPOSE OF AIDING AND COOPERATING IN THE FINANCING, CONSTRUCTION,
OPERATION, OR MAINTENANCE OF ANY RURAL TRANSPORTATION SYSTEM,
HAS THE POWER:
(a) TO SELL, LEASE, LOAN, DONATE, GRANT,
CONVEY, ASSIGN, TRANSFER, AND OTHERWISE DISPOSE TO THE AUTHORITY
ANY REAL OR PERSONAL PROPERTY OR INTERESTS THEREIN;
(b) TO ENTER INTO AGREEMENTS WITH ANY
PERSON FOR THE JOINT FINANCING, CONSTRUCTION, OPERATION, OR MAINTENANCE
OF ANY RURAL TRANSPORTATION SYSTEM. UPON COMPLIANCE WITH APPLICABLE
CONSTITUTIONAL OR CHARTER LIMITATIONS, THE GOVERNMENTAL UNIT MAY
AGREE TO MAKE PAYMENTS, WITHOUT LIMITATION AS TO AMOUNT EXCEPT
AS SET FORTH IN THE AGREEMENT, FROM REVENUES RECEIVED FROM ONE
OR MORE FISCAL YEARS, TO THE AUTHORITY OR ANY PERSON TO DEFRAY
THE COSTS OF THE FINANCING, CONSTRUCTION, OPERATION, OR MAINTENANCE
OF A RURAL TRANSPORTATION SYSTEM.
(c) TO TRANSFER OR ASSIGN TO THE AUTHORITY
ANY CONTRACTS THAT MAY HAVE BEEN AWARDED BY THE GOVERNMENTAL UNIT
FOR CONSTRUCTION, OPERATION, OR MAINTENANCE OF ANY RURAL TRANSPORTATION
SYSTEM.
(2) TO ASSIST IN THE FINANCING, CONSTRUCTION,
OPERATION, OR MAINTENANCE OF A RURAL TRANSPORTATION SYSTEM, ANY
COUNTY OR MUNICIPALITY THAT IS A MEMBER OF A COMBINATION MAY,
BY CONTRACT, PLEDGE TO THE AUTHORITY ALL OR A PORTION OF THE REVENUES
IT RECEIVES FROM THE HIGHWAY USERS TAX FUND OR FROM ANY OTHER
LEGALLY AVAILABLE FUNDS. THE AUTHORITY SHALL APPLY REVENUES THAT
IT RECEIVES PURSUANT TO THE PLEDGE TO THE FINANCING, CONSTRUCTION,
OPERATION, OR MAINTENANCE OF ANY RURAL TRANSPORTATION SYSTEM.
THE AUTHORITY MAY REFUSE TO ACCEPT ANY REVENUES THAT WOULD CAUSE
A MEMBER OF THE COMBINATION TO EXCEED ITS ALLOWABLE FISCAL YEAR
SPENDING UNDER SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION
AND THAT COULD RESULT IN A REFUND OF EXCESS REVENUES UNDER SAID
SECTION 20.
434612. Referendum.
(1) NO ACTION BY AN AUTHORITY TO ESTABLISH OR INCREASE
ANY TAX AUTHORIZED BY THIS PART 6 SHALL TAKE EFFECT UNLESS FIRST
SUBMITTED TO A VOTE OF THE REGISTERED ELECTORS OF THAT PORTION
OF THE COMBINATION IN WHICH THE TAX IS PROPOSED TO BE COLLECTED.
(2) NO ACTION BY AN AUTHORITY CREATING
A MULTIPLE FISCAL YEAR DEBT OR OTHER FINANCIAL OBLIGATION THAT
IS SUBJECT TO SECTION 20 (4) (b) OF ARTICLE X OF THE STATE CONSTITUTION
SHALL TAKE EFFECT UNLESS FIRST SUBMITTED TO A VOTE OF THE REGISTERED
ELECTORS RESIDING WITHIN THE BOUNDARIES OF THE AUTHORITY; EXCEPT
THAT NO SUCH VOTE IS REQUIRED FOR OBLIGATIONS OF RURAL TRANSPORTATION
ACTIVITY ENTERPRISES ESTABLISHED UNDER SECTION 434606
OR FOR OBLIGATIONS OF ANY OTHER ENTERPRISE UNDER SECTION 20 (2)
(d) OF ARTICLE X OF THE STATE CONSTITUTION.
(3) THE QUESTIONS PROPOSED TO THE REGISTERED
ELECTORS UNDER SUBSECTIONS (1) AND (2) OF THIS SECTION SHALL BE
SUBMITTED AT A GENERAL ELECTION OR ANY ELECTION TO BE HELD ON
THE FIRST TUESDAY IN NOVEMBER OF AN ODDNUMBERED YEAR. THE
ACTION SHALL NOT TAKE EFFECT UNLESS A MAJORITY OF THE REGISTERED
ELECTORS VOTING THEREON AT THE ELECTION VOTE IN FAVOR THEREOF.
THE ELECTION SHALL BE CONDUCTED IN SUBSTANTIALLY THE SAME MANNER
AS COUNTY ELECTIONS, AND THE COUNTY CLERK AND RECORDER OF EACH
COUNTY IN WHICH THE ELECTION IS CONDUCTED SHALL ASSIST THE AUTHORITY
IN CONDUCTING THE ELECTION. THE AUTHORITY SHALL PAY THE COSTS
INCURRED BY EACH COUNTY IN CONDUCTING SUCH AN ELECTION. NO MONEYS
OF THE AUTHORITY MAY BE USED TO URGE OR OPPOSE PASSAGE OF AN ELECTION
REQUIRED UNDER THIS SECTION.
434613. Notice to municipalities
opportunity for comment. THE BOARD
OF ANY AUTHORITY CREATED PURSUANT TO THIS PART 6, AT LEAST FORTYFIVE
DAYS PRIOR TO ANY MEETING AT WHICH THE BOARD SHALL CONSIDER OR
TAKE ACTION ON A PROPOSAL TO ESTABLISH, INCREASE, OR DECREASE
ANY TAX OR FEE AUTHORIZED BY THIS PART 6, SHALL DELIVER WRITTEN
NOTICE OF THE MEETING AND PROPOSAL TO ANY COUNTY AND ANY MUNICIPALITY
WHERE THE PROPOSED TAX OR FEE WOULD BE IMPOSED. PRIOR TO THE TAKING
OF ANY ACTION ON ANY SUCH PROPOSAL BY THE BOARD OF ANY AUTHORITY,
COUNTIES, AND MUNICIPALITIES ENTITLED TO RECEIVE NOTICE PURSUANT
TO THIS SECTION SHALL BE AFFORDED A REASONABLE OPPORTUNITY FOR
COMMENT, EITHER AT A REGULAR MEETING OF THE BOARD OR AT A SPECIAL
MEETING CONVENED TO RECEIVE SUCH COMMENT.
434614. Notice coordination
of information reports. (1) (a) AT
LEAST FORTYFIVE DAYS PRIOR TO THE CREATION OF ANY AUTHORITY
PURSUANT TO THIS PART 6, A NOTICE CONTAINING THE PROPOSED BOUNDARIES
OF THE AUTHORITY AND THE METHODS PROPOSED FOR FINANCING RURAL
TRANSPORTATION SYSTEMS IN THE AUTHORITY SHALL BE SENT TO THE DIVISION,
TO THE DEPARTMENT OF REVENUE, AND TO THE CHAIR OF THE TRANSPORTATION
LEGISLATION REVIEW COMMITTEE CREATED IN SECTION 432145.
(b) AT LEAST FORTYFIVE DAYS PRIOR
TO THE IMPOSITION OF OR ANY INCREASE IN ANY FEE OR TAX OR PRIOR
TO THE ISSUANCE OF ANY BONDS AUTHORIZED IN THIS PART 6, A NOTICE
SPECIFYING THE AMOUNT OF THE FEE OR TAX AND ITS PROPOSED DURATION
OR THE VALUE AND NUMBER OF BONDS TO BE ISSUED SHALL BE SENT TO
THE DIVISION. THE NOTICE REQUIRED BY THIS PARAGRAPH (b) IS NOT
NECESSARY IF THE REQUIRED INFORMATION HAS PREVIOUSLY BEEN PROVIDED
IN THE NOTICE REQUIRED BY PARAGRAPH (a) OF THIS SUBSECTION (1).
(c) AT THE TIME THE NOTICE REQUIRED IN
PARAGRAPH (a) OR (b) OF THIS SUBSECTION (1) IS SENT TO THE DIVISION,
A COPY OF THE NOTICE SHALL BE FILED WITH THE STATE AUDITOR AND
THE TRANSPORTATION COMMISSION.
(2) THE DIVISION SHALL FORWARD COPIES
OF ANY SUCH NOTICE TO THE DEPARTMENT OF TRANSPORTATION IF THE
DIVISION DETERMINES THAT THE PROPOSED AUTHORITY OR THE TAX, FEE,
OR BONDS WILL HAVE AN IMPACT ON ANY OPERATIONS OF THAT DEPARTMENT.
(3) (a) THE DIVISION SHALL FILE AN
ANNUAL REPORT WITH THE STATE AUDITOR AND TRANSPORTATION COMMISSION
CONCERNING THE ACTIVITIES OF AUTHORITIES CREATED PURSUANT TO THIS
PART 6. THE REPORT SHALL DETAIL HOW MANY AUTHORITIES HAVE BEEN
CREATED, DESCRIBE THEIR BOUNDARIES, AND SPECIFY THE RURAL TRANSPORTATION
SYSTEMS THAT ARE BEING PROVIDED AND HOW THEY ARE BEING FINANCED.
(b) THE DIVISION SHALL NOTIFY THE STATE
AUDITOR AND THE TRANSPORTATION COMMISSION EITHER IN THE REPORT
REQUIRED BY PARAGRAPH (a) OF THIS SUBSECTION (3) OR BY LETTER,
IF IT DEEMS THAT IMMEDIATE NOTIFICATION IS WARRANTED, OF ANY SITUATION
RELATING TO THE CREATION OF AN AUTHORITY, THE IMPOSITION OF ANY
FEE OR TAX, OR THE ISSUANCE OF ANY BONDS BY AN AUTHORITY THAT
THE DIVISION BELIEVES OR HAS REASON TO BELIEVE WILL ADVERSELY
AFFECT THE TAXRAISING ABILITY OR THE CREDIT OR BOND RATING
OF ANY GOVERNMENTAL UNIT.
(4) EACH AUTHORITY SHALL REPORT ANNUALLY
IN THE MONTH OF AUGUST TO THE TRANSPORTATION LEGISLATION REVIEW
COMMITTEE, CREATED IN SECTION 432145, ON ITS ACTIVITIES
DURING THE PRECEDING TWELVE MONTHS AND ON ITS PROPOSED ACTIVITIES
DURING THE SUCCEEDING TWELVE MONTHS. THE BOARD AND STAFF OF THE
AUTHORITY SHALL COOPERATE WITH THE TRANSPORTATION LEGISLATION
REVIEW COMMITTEE IN CARRYING OUT THE COMMITTEE'S DUTIES PURSUANT
TO SECTION 432145 (1.9).
434615. Agreement of the
state not to limit or alter rights of obligees.
THE STATE HEREBY PLEDGES AND AGREES WITH THE HOLDERS OF ANY BONDS
ISSUED UNDER THIS PART 6 AND WITH THOSE PARTIES WHO ENTER INTO
CONTRACTS WITH AN AUTHORITY OR ANY MEMBER OF THE COMBINATION PURSUANT
TO THIS PART 6 THAT THE STATE WILL NOT IMPAIR THE RIGHTS VESTED
IN THE AUTHORITY OR THE RIGHTS OR OBLIGATIONS OF ANY PERSON WITH
WHICH THE AUTHORITY CONTRACTS TO FULFILL THE TERMS OF ANY AGREEMENTS
MADE PURSUANT TO THIS PART 6. THE STATE FURTHER AGREES THAT IT
WILL NOT IMPAIR THE RIGHTS OR REMEDIES OF THE HOLDERS OF ANY BONDS
OF THE AUTHORITY UNTIL THE BONDS HAVE BEEN PAID OR UNTIL ADEQUATE
PROVISION FOR PAYMENT HAS BEEN MADE. THE AUTHORITY MAY INCLUDE
THIS PROVISION AND UNDERTAKING FOR THE STATE IN SUCH BONDS.
434616. Investments.
AN AUTHORITY MAY INVEST OR DEPOSIT ANY FUNDS IN THE MANNER PROVIDED
BY PART 6 OF ARTICLE 75 OF TITLE 24, C.R.S. IN ADDITION, AN AUTHORITY
MAY DIRECT A CORPORATE TRUSTEE THAT HOLDS FUNDS OF THE AUTHORITY
TO INVEST OR DEPOSIT THE FUNDS IN INVESTMENTS OR DEPOSITS OTHER
THAN THOSE SPECIFIED BY SAID PART 6 IF THE BOARD DETERMINES, BY
RESOLUTION, THAT THE INVESTMENT OR DEPOSIT MEETS THE STANDARD
ESTABLISHED IN SECTION 151304, C.R.S., THE INCOME
IS AT LEAST COMPARABLE TO INCOME AVAILABLE ON INVESTMENTS OR DEPOSITS
SPECIFIED BY SAID PART 6, AND THE INVESTMENT WILL ASSIST THE AUTHORITY
IN THE FINANCING, CONSTRUCTION, OPERATION, OR MAINTENANCE OF RURAL
TRANSPORTATION SYSTEMS.
434617. Bonds eligible
for investment. ALL BANKS, TRUST COMPANIES,
SAVINGS AND LOAN ASSOCIATIONS, INSURANCE COMPANIES, EXECUTORS,
ADMINISTRATORS, GUARDIANS, TRUSTEES, AND OTHER FIDUCIARIES MAY
LEGALLY INVEST ANY MONEYS WITHIN THEIR CONTROL IN ANY BONDS ISSUED
UNDER THIS PART 6. PUBLIC ENTITIES, AS DEFINED IN SECTION 2475601
(1), C.R.S., MAY INVEST PUBLIC FUNDS IN THE BONDS ONLY IF THE
BONDS SATISFY THE INVESTMENT REQUIREMENTS ESTABLISHED IN PART
6 OF ARTICLE 75 OF TITLE 24, C.R.S.
434618. Exemption from
taxation securities laws. THE INCOME
OR OTHER REVENUES OF AN AUTHORITY, ALL PROPERTIES AT ANY TIME
OWNED BY AN AUTHORITY, ANY BONDS ISSUED BY AN AUTHORITY, AND THE
TRANSFER OF AND THE INCOME FROM ANY BONDS ISSUED BY AN AUTHORITY
ARE EXEMPT FROM ALL TAXATION AND ASSESSMENTS IN THE STATE. IN
THE RESOLUTION OR INDENTURE AUTHORIZING THE BONDS, AN AUTHORITY
MAY WAIVE THE EXEMPTION FROM FEDERAL INCOME TAXATION FOR INTEREST
ON THE BONDS.
434619. No action maintainable.
AN ACTION OR PROCEEDING AT LAW OR IN EQUITY TO REVIEW ANY ACTS
OR PROCEEDINGS OR TO QUESTION THE VALIDITY OR ENJOIN THE PERFORMANCE
OF ANY ACT OR PROCEEDINGS OR THE ISSUANCE OF ANY BONDS OR FOR
ANY OTHER RELIEF AGAINST OR FROM ANY ACTS OR PROCEEDINGS DONE
UNDER THIS PART 6, WHETHER BASED UPON IRREGULARITIES OR JURISDICTIONAL
DEFECTS, SHALL NOT BE MAINTAINED UNLESS COMMENCED WITHIN THIRTY
DAYS AFTER THE PERFORMANCE OF THE ACT OR PROCEEDINGS OR THE EFFECTIVE
DATE THEREOF, WHICHEVER OCCURS FIRST, AND IS THEREAFTER PERPETUALLY
BARRED.
434620. Judicial examination
of powers, acts, proceedings, or contracts of an authority.
IN ITS DISCRETION, THE BOARD OF AN AUTHORITY MAY FILE A PETITION
AT ANY TIME IN THE DISTRICT COURT IN AND FOR ANY COUNTY IN WHICH
THE AUTHORITY IS LOCATED WHOLLY OR IN PART PRAYING FOR A JUDICIAL
EXAMINATION AND DETERMINATION OF ANY POWER CONFERRED TO THE AUTHORITY,
ANY REVENUERAISING POWER EXERCISED OR THAT MAY BE EXERCISED
BY THE AUTHORITY, OR ANY ACT, PROCEEDING, OR CONTRACT OF THE AUTHORITY,
WHETHER OR NOT THE CONTRACT HAS BEEN EXECUTED. THE JUDICIAL EXAMINATION
AND DETERMINATION SHALL BE CONDUCTED IN SUBSTANTIALLY THE MANNER
SET FORTH IN SECTION 324540, C.R.S.; EXCEPT THAT THE
NOTICE REQUIRED SHALL BE PUBLISHED ONCE A WEEK FOR THREE CONSECUTIVE
WEEKS AND THE HEARING SHALL BE HELD NOT LESS THAN THIRTY DAYS
OR MORE THAN FORTY DAYS AFTER THE FILING OF THE PETITION.
SECTION 2. Part
6 of article 4 of title 42, Colorado Revised Statutes, 1993 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
424613. Failure to pay
toll established by rural transportation authority.
ANY PERSON WHO FAILS TO PAY A REQUIRED FEE, TOLL, RATE, OR CHARGE
ESTABLISHED BY A RURAL TRANSPORTATION AUTHORITY CREATED PURSUANT
TO PART 6 OF ARTICLE 4 OF TITLE 43, C.R.S., FOR THE PRIVILEGE
OF TRAVELING ON OR USING ANY PROPERTY INCLUDED IN A RURAL TRANSPORTATION
SYSTEM PURSUANT TO PART 6 OF ARTICLE 4 OF TITLE 43, C.R.S., COMMITS
A CLASS A TRAFFIC INFRACTION.
SECTION 3. 4241701 (4) (a) (I) (G),
Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended
to read:
4241701. Traffic offenses
and infractions classified penalties penalty and
surcharge schedule. (4) (a) (I) Except
as provided in paragraph (c) of subsection (5) of this section,
every person who is convicted of, who admits liability for, or
against whom a judgment is entered for a violation of any provision
of this title to which the provisions of paragraph (a) or (b)
of subsection (5) of this section apply shall be fined or penalized,
and have a surcharge levied thereon pursuant to section 244.2104
(1) (b) (I), C.R.S., in accordance with the penalty and surcharge
schedule set forth in subsubparagraphs (A) to (P) of this
subparagraph (I); or, if no penalty or surcharge is specified
in the schedule, the penalty for class A and class B traffic infractions
shall be fifteen dollars, and the surcharge shall be two dollars.
These penalties and surcharges shall apply whether the defendant
acknowledges the defendant's guilt or liability in accordance
with the procedure set forth by paragraph (a) of subsection (5)
of this section or is found guilty by a court of competent jurisdiction
or has judgment entered against the defendant by a county court
magistrate. Penalties and surcharges for violating specific sections
shall be as follows:
Section Violated Penalty
Surcharge
(G) Signals, signs, and markings violations:
424603 $ 35.00 $ 4.00
424604 35.00 4.00
424605 35.00 4.00
424606 15.00 2.00
424607 50.00 6.00
424608 15.00 2.00
424609 15.00 2.00
424610 15.00 2.00
424612 35.00 4.00
424613 35.00 4.00
SECTION 4. 432145,
Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
432145. Transportation
legislation review committee repeal.
(1.9) THE COMMITTEE MAY REVIEW ANY PHASE OF OPERATIONS
OF ANY RURAL TRANSPORTATION AUTHORITY CREATED PURSUANT TO PART
6 OF ARTICLE 4 OF THIS TITLE, INCLUDING THE PLANNING AND CONSTRUCTION
OF RURAL TRANSPORTATION SYSTEMS, PRIOR TO AND DURING THE COMPLETION
OF SUCH SYSTEMS. THE COMMITTEE MAY ALSO CONDUCT A POSTOPERATION
REVIEW OF ANY SYSTEM TO DETERMINE WHETHER THE SYSTEM WAS COMPLETED
IN THE MOST COSTEFFECTIVE AND EFFICIENT MANNER. THE COMMITTEE
MAY REQUIRE ANY RURAL TRANSPORTATION AUTHORITY TO PREPARE AND
ADOPT LONGRANGE PLANS FOR THE DEVELOPMENT OF RURAL TRANSPORTATION
SYSTEMS, AND THE COMMITTEE SHALL MONITOR THE PROGRESS OF SUCH
PLANS. THE COMMITTEE MAY ALSO REQUIRE FINANCIAL OR PERFORMANCE
AUDITS TO BE CONDUCTED.
SECTION 5. Effective date. This
act shall take effect at 12:01 a.m. on the day following the expiration
of the ninetyday period after final adjournment of the general
assembly that is allowed for submitting a referendum petition
pursuant to article V, section 1 (3) of the state constitution;
except that, if a referendum petition is filed against this act
or an item, section, or part of this act within such period, then
the act, item, section, or part, if approved by the people, shall
take effect on the date of the official declaration of the vote
thereon by proclamation of the governor.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO