First Regular Session

Sixty-first General Assembly

LLS NO. 97­0079.01 PLC HOUSE BILL 97­1282

STATE OF COLORADO

BY REPRESENTATIVES Kreutz, Agler, Gordon, Gotlieb, Hagedorn, McPherson, Schauer, Takis, and S. Williams;

also SENATOR Blickensderfer.

REVISED

LOCAL GOVERNMENT

A BILL FOR AN ACT

CONCERNING USE OF THE HIGH LINE CANAL FOR PUBLIC RECREATIONAL PURPOSES.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Creates the High Line canal trail authority to acquire, operate, and maintain the High Line canal and any property or water interests necessary to continue its operation as a trail and recreational facility.

Authorizes an election for the registered electors within the geographic boundaries of the authority to approve or disapprove a sales tax until January 1, 2018, to fund the acquisition, operation, and maintenance of the High Line canal trail and recreational facilities.

Defines the boundaries of the authority as the area comprising a portion of the regional transportation district that includes Adams, Arapahoe, Jefferson, and Douglas counties.

Requires every county, municipality, and appropriate special district within the boundaries of the authority to be members of the authority. Provides that the governing body of the authority shall be a board appointed by the members of the authority. Defines the powers and responsibilities of the authority and the board.

Defines what sales tax revenues may be used for and authorizes the authority to issue special obligation bonds if a sales tax is approved by the registered electors within the geographic boundaries of the authority.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Article 3 of title 2, Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PART to read:

PART 15

COMMITTEE ON THE HIGH LINE CANAL

2­3­1501.  Legislative declaration ­ committee on the study of the high line canal. (1)  THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT THE HIGH LINE CANAL HAS BECOME A MAJOR RECREATIONAL AMENITY IN THE DENVER METROPOLITAN AREA AS WELL AS AN IMPORTANT CARRIER DITCH FOR WATER USERS. THE GENERAL ASSEMBLY FURTHER FINDS THAT IT IS NECESSARY TO ASSURE THAT THE USE OF THE HIGH LINE CANAL AS WELL AS ITS RECREATIONAL AND WATER ASSETS ARE PROTECTED AND MAXIMIZED.

(2)  FOR PURPOSES OF THIS ARTICLE "HIGH LINE CANAL" MEANS THE CANAL THAT RUNS APPROXIMATELY SIXTY­EIGHT MILES THROUGH DOUGLAS, ARAPAHOE, DENVER, AND ADAMS COUNTIES.

(3)  THE COMMITTEE ON THE HIGH LINE CANAL IS HEREBY CREATED AND SHALL CONSIST OF FIFTEEN MEMBERS APPOINTED AS FOLLOWS:

(a)  TWO MEMBERS SHALL BE MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT OF THE SENATE. EACH MEMBER SHALL REPRESENT A DISTRICT THAT IS TRAVERSED BY THE HIGH LINE CANAL.

(b)  TWO MEMBERS SHALL BE MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES. EACH MEMBER SHALL REPRESENT A DISTRICT THAT IS TRAVERSED BY THE HIGH LINE CANAL.

(c)  SIX MEMBERS SHALL BE REPRESENTATIVES OF THE CURRENT RECREATIONAL LEASE HOLDERS OF THE HIGH LINE CANAL, SPECIFICALLY:

(I)  ONE REPRESENTATIVE FROM THE COLORADO DIVISION OF OUTDOOR PARKS AND RECREATION;

(II)  ONE REPRESENTATIVE FROM THE SOUTH SUBURBAN PARKS AND RECREATION DISTRICT;

(III)  ONE REPRESENTATIVE FROM THE CITY OF DENVER PARKS DEPARTMENT;

(IV) ONE REPRESENTATIVE FROM THE JEFFERSON COUNTY PARKS DEPARTMENT;

(V) ONE REPRESENTATIVE FROM THE HIGHLANDS RANCH METROPOLITAN DISTRICT;

(VI)  ONE MEMBER FROM THE CITY OF AURORA PARKS DEPARTMENT;

(d)  TWO MEMBERS SHALL BE CONTRACT WATER USERS ON THE HIGH LINE CANAL.

(e)  TWO MEMBERS SHALL BE REPRESENTATIVES FROM CITIZEN USER GROUPS THAT CURRENTLY USE THE HIGH LINE CANAL.

(f)  ONE REPRESENTATIVE FROM THE DENVER WATER BOARD;

(4)  THE NONLEGISLATIVE MEMBERS OF THE COMMITTEE SHALL EACH APPOINT THEIR REPRESENTATIVES TO SERVE ON THE COMMITTEE.

(5)  APPOINTMENTS SHALL BE MADE NO LATER THAN JULY 1, 1997.

(6)  THE MEMBERS OF THE COMMITTEE SHALL SELECT THE CHAIRPERSON AND VICE­CHAIRPERSON OF THE COMMITTEE FROM AMONG ITS MEMBERS.

(7)  THE COMMITTEE SHALL:

(a)  CATALOG THE PRESENT USES OF THE HIGH LINE CANAL AND THE RESOURCES AVAILABLE FOR RECREATIONAL AND WATER USES, INCLUDING BUT NOT LIMITED TO VEGETATION AND WILDLIFE;

(b)  IDENTIFY FUTURE USES FOR THE HIGH LINE CANAL;

(c)  INVESTIGATE FUNDING OPTIONS AND ALTERNATIVES FOR THE OPERATION OF THE HIGH LINE CANAL AS A RECREATIONAL FACILITY;

(d)  INVESTIGATE OPTIONS FOR LONG TERM OWNERSHIP OF THE HIGH LINE CANAL;

(e)  IDENTIFY ADVANTAGES AND DISADVANTAGES OF THE CREATION OF A GOVERNMENTAL AUTHORITY SPECIFICALLY FOR THE ACQUISITION, OPERATION, AND MAINTENANCE OF THE HIGH LINE CANAL AND DETERMINE THE SCOPE OF POWER OF SUCH AN AUTHORITY;

(f)  UTILIZE AND COALESCE EXISTING INFORMATION IN THE INVESTIGATIONS PERFORMED PURSUANT TO THIS SUBSECTION (6);

(g)  INVESTIGATE ANY OTHER ISSUES THE COMMITTEE DEEMS APPROPRIATE TO THE ISSUE OF THE CONTINUED USE OF THE HIGH LINE CANAL AS A RECREATIONAL FACILITY.

(h)  THE COMMITTEE SHALL SUBMIT A REPORT CONTAINING ITS FINDINGS AND RECOMMENDATIONS TO ENTITIES REPRESENTED ON THE COMMITTEE.

(8)  MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT COMPENSATION.

2­3­1502.  Repeal of part. THIS PART 15 IS REPEALED, EFFECTIVE JULY 1, 1998.

SECTION 2. Highline Canal study fund. THE DEPARTMENT OF NATURAL RESOURCES SHALL HAVE THE AUTHORITY TO ACCEPT ANY BEQUESTS, GIFTS, AND GRANTS OF ANY KIND FROM ANY PRIVATE SOURCE OR FROM ANY GOVERNMENTAL UNIT, EXCEPT THE GENERAL FUND APPROPRIATIONS FROM THE STATE OF COLORADO, TO BE USED FOR THE PURPOSES OF THIS ACT. THE USE OF SUCH BEQUESTS, GIFTS AND GRANTS SHALL BE SUBJECT TO THE CONDITIONS UPON WHICH THE BEQUESTS, GIFTS, GRANTS ARE MADE; EXCEPT THAT NO BEQUEST, GIFT, OR GRANT SHALL BE ACCEPTED IF THE CONDITIONS ATTACHED THERETO REQUIRE THE USE OR EXPENDITURE THEREOF IN A MANNER CONTRARY TO LAW OR REQUIRE EXPENDITURES FROM THE GENERAL FUND OR ANY OTHER FUND IN THE STATE TREASURY UNLESS SUCH EXPENDITURES ARE APPROVED BY THE GENERAL ASSEMBLY. SUCH BEQUESTS, GIFTS, AND GRANTS TOGETHER WITH ANY OTHER MONEYS APPROPRIATED OR TRANSFERRED BY THE GENERAL ASSEMBLY, SHALL BE CREDITED TO THE HIGHLINE CANAL STUDY FUND, WHICH FUND IS HEREBY CREATED IN THE STATE TREASURY. THE MONEYS IN SAID FUND SHALL BE APPROPRIATED BY THE GENERAL ASSEMBLY FOR THE PURPOSES OF THIS ACT. ALL INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND. ANY MONEYS NOT APPROPRIATED SHALL REMAIN IN THE FUND AND SHALL NOT BE TRANSFERRED OR REVERT TO THE GENERAL FUND OF THE STATE AT THE END OF ANY FISCAL YEAR.

SECTION 3. No general fund appropriation. The general assembly has determined that no general fund moneys shall be used to implement this act.

SECTION 4.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.