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Second Regular Session
Sixty-first General Assembly
LLS NO. 980696.01 MKH
HOUSE BILL 981303
STATE OF COLORADO
BY REPRESENTATIVES Zimmerman, Saliman, and Swenson;
also SENATORS Mutzebaugh, Phillips, and Weddig.
A BILL FOR AN ACT
CONCERNING MUNICIPAL DESIGNATION OF DEDICATED BUS
ROUTES IN THE REGIONAL TRANSPORTATION DISTRICT.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Allows a qualifying municipality located within the regional transportation district (RTD) to prescribe one dedicated RTD bus route within its municipal boundaries. Defines a "qualifying municipality" as a municipality that has a population of at least 10,000 persons on or after July 1, 1998. Specifies that, if a municipality's population decreases to less than 10,000 persons as of January 1 of a given year, the municipality shall no longer be considered a qualifying municipality for purposes of designating a dedicated RTD bus route. Requires each qualifying municipality to certify its population to the district by January 1 of each year. Provides that any qualifying municipality that fails to timely certify its population to the district shall not be authorized to dedicate a bus route within its boundaries for the year in which it did not timely certify its population.
Requires a qualifying municipality to pass an ordinance or resolution in order to specify the location and schedule of its dedicated bus route. Specifies that RTD shall provide bus service on any designated bus route under the terms established by the qualifying municipality. Limits each qualifying municipality to one dedicated RTD bus route. Allows a group of qualifying municipalities to coordinate the designation of one dedicated bus route. Specifies that, if qualifying municipalities share a dedicated bus route, such group shall not be eligible to prescribe another dedicated RTD route.
Allows a qualifying municipality or group thereof
to change its dedicated RTD bus route by ordinance or resolution.
Requires the district to implement such change within 30 days
of receiving notice of such change. Requires the district to
determine the fares for dedicated bus routes and to provide all
necessary facilities relating thereto.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 329119 (1) (l), Colorado Revised Statutes, is amended to read:
329119. Additional powers of district repeal. (1) In addition to any other powers granted to the district in this article, the district has the following powers:
(l) To establish, maintain, and operate
a mass transportation system, subject to the provisions of
SECTIONS 329119.4 AND 329119.5 for the
operation of the district's bus operations, and all necessary
facilities relating thereto across or along any public street,
highway, bridge, viaduct, or other public rightofway
or in, upon, under, or over any vacant public lands without first
obtaining a franchise from the public body having jurisdiction
over the same; except that the district shall cooperate with any
public body having such jurisdiction and the district shall promptly
restore any such street, highway, bridge, viaduct, or other public
rightofway to its former state of usefulness as nearly
as may be and shall not use the same in such a manner as to impair
completely or unnecessarily the usefulness thereof;
SECTION 2. Article 9 of title 32, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
329119.4. Municipal designation of bus routes. (1) ANY QUALIFYING MUNICIPALITY LOCATED IN WHOLE OR IN PART WITHIN THE BOUNDARIES OF THE DISTRICT MAY PRESCRIBE A DEDICATED BUS ROUTE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. FOR PURPOSES OF THIS SECTION, "QUALIFYING MUNICIPALITY" MEANS ANY MUNICIPALITY THAT HAS A POPULATION OF AT LEAST TEN THOUSAND PERSONS ON OR AFTER JULY 1, 1998. IF, AS OF JANUARY 1 OF A GIVEN YEAR, A MUNICIPALITY'S POPULATION DECREASES TO LESS THAN TEN THOUSAND PERSONS, THE MUNICIPALITY SHALL NO LONGER BE A "QUALIFYING MUNICIPALITY". A QUALIFYING MUNICIPALITY SHALL CERTIFY ITS POPULATION TO THE DISTRICT BY JANUARY 1 OF EACH YEAR. ANY QUALIFYING MUNICIPALITY THAT DOES NOT CERTIFY ITS POPULATION TO THE DISTRICT IN ACCORDANCE WITH THIS SUBSECTION (1) SHALL NOT BE AUTHORIZED TO DESIGNATE A DEDICATED BUS ROUTE WITHIN ITS BOUNDARIES FOR THE YEAR IN WHICH SUCH CERTIFICATION IS NOT TIMELY MADE.
(2) IN ORDER TO PRESCRIBE A DEDICATED BUS ROUTE, A QUALIFYING MUNICIPALITY SHALL PASS AN ORDINANCE OR RESOLUTION THAT SPECIFIES THE LOCATION AND SCHEDULE FOR SUCH ROUTE. A QUALIFYING MUNICIPALITY MAY PRESCRIBE ONLY ONE DEDICATED BUS ROUTE WITHIN ITS BOUNDARIES. A QUALIFYING MUNICIPALITY MAY PRESCRIBE A DEDICATED BUS ROUTE TO OPERATE WITHIN ITS BOUNDARIES FOR UP TO EIGHT CONSECUTIVE OR NONCONSECUTIVE HOURS EACH DAY OF THE WEEK. EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3) OF THIS SECTION, THE DISTRICT SHALL PROVIDE BUS SERVICE ON A DEDICATED BUS ROUTE FOR EXCLUSIVE USE WITHIN THE BOUNDARIES OF EACH QUALIFYING MUNICIPALITY THAT PASSES AN ORDINANCE OR RESOLUTION IN ACCORDANCE WITH THIS SECTION. BUS SERVICE ON SUCH DEDICATED BUS ROUTE SHALL BE PROVIDED BY THE DISTRICT TO A QUALIFYING MUNICIPALITY UNDER THE TERMS SET FORTH IN SAID ORDINANCE OR RESOLUTION. WRITTEN NOTIFICATION OF THE PROVISIONS SET FORTH IN SUCH ORDINANCE OR RESOLUTION SHALL BE GIVEN TO THE DISTRICT WITHIN SIXTY DAYS AFTER THE QUALIFYING MUNICIPALITY PASSES SAID ORDINANCE OR RESOLUTION. THE DISTRICT SHALL PROVIDE BUS SERVICE ON A QUALIFYING MUNICIPALITY'S DEDICATED BUS ROUTE WITHIN THIRTY DAYS AFTER RECEIVING SUCH NOTICE.
(3) TWO OR MORE QUALIFYING MUNICIPALITIES MAY, IN COOPERATION WITH ONE ANOTHER, EACH PASS AN ORDINANCE OR RESOLUTION TO PRESCRIBE ONE DEDICATED BUS ROUTE TO EXCLUSIVELY SERVE SUCH QUALIFYING MUNICIPALITIES. IF TWO OR MORE QUALIFYING MUNICIPALITIES AGREE TO PRESCRIBE A DEDICATED BUS ROUTE IN COOPERATION WITH ONE ANOTHER, SUCH MUNICIPALITIES SHALL NOT BE ELIGIBLE TO PRESCRIBE ANOTHER DEDICATED BUS ROUTE WITHIN THE BOUNDARIES OF SUCH MUNICIPALITIES IN ACCORDANCE WITH THIS SECTION. WRITTEN NOTIFICATION OF THE PROVISIONS SET FORTH IN SUCH ORDINANCES OR RESOLUTIONS SHALL BE GIVEN TO THE DISTRICT WITHIN SIXTY DAYS AFTER EACH QUALIFYING MUNICIPALITY PASSES SAID ORDINANCE OR RESOLUTION. THE DISTRICT SHALL PROVIDE BUS SERVICE ON A GROUP OF QUALIFYING MUNICIPALITIES' DEDICATED BUS ROUTE WITHIN THIRTY DAYS AFTER RECEIVING SUCH NOTICE.
(4) A QUALIFYING MUNICIPALITY, OR GROUP OF QUALIFYING MUNICIPALITIES, MAY CHANGE ITS DEDICATED BUS ROUTE BY ORDINANCE OR RESOLUTION. WRITTEN NOTIFICATION OF SUCH CHANGE SHALL BE GIVEN TO THE DISTRICT WITHIN SIXTY DAYS AFTER EACH QUALIFYING MUNICIPALITY PASSES SAID ORDINANCE OR RESOLUTION. THE DISTRICT SHALL PROVIDE BUS SERVICE ON A QUALIFYING MUNICIPALITY'S OR GROUP OF QUALIFYING MUNICIPALITIES' DEDICATED BUS ROUTE, AS MODIFIED, WITHIN THIRTY DAYS OF RECEIVING SUCH NOTICE.
(5) THE DISTRICT SHALL DETERMINE THE FARES FOR DEDICATED BUS ROUTES PRESCRIBED IN ACCORDANCE WITH THIS SECTION AND PROVIDE ALL NECESSARY FACILITIES RELATING THERETO.
SECTION 3. 329119.5 (2) (b), Colorado Revised Statutes, is amended to read:
329119.5. Competition to provide bus service within the regional transportation district. (2) (b) EXCEPT AS OTHERWISE PROVIDED IN SECTION 329119.4, the district shall determine what routes, schedules, and fares are in the public interest.
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.