First Regular Session
Sixty-second General Assembly
LLS NO. 99-0624.01 Gregg Fraser SENATE BILL 99-151
STATE OF COLORADO
BY SENATORS Arnold, Andrews, Epps, Evans, Hernandez, Reeves, and
Teck;
also REPRESENTATIVE Plant.
TRANSPORTATION
FINANCE
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING METROPOLITAN DISTRICT RAIL SYSTEMS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Authorizes metropolitan districts to be formed within the regional
transportation district (RTD) and within any part of specified counties for
the purpose of financing or constructing rail systems. Prohibits the
metropolitan district from duplicating or interfering with other mass
transit facilities.
Allows the service plan for the metropolitan district to be approved
by the RTD board if the metropolitan district extends into more than a
specified number of counties. Provides that the service plan must be
approved by the governing bodies of specified counties if the
metropolitan district extends into such specified counties.
Requires the metropolitan district to designate the locations of
transit stations and develop transit station plans for developing and
constructing the stations. Requires the metropolitan district board to
submit the transit station plans to the planning commission of the
municipality or county in which the station is to be located. Requires the
planning commission to review the plans and make written
recommendations to the metropolitan district. Requires the metropolitan
district to hold a public hearing before approving a transit station plan.
Authorizes the metropolitan district to approve a transit station
plan if specified criteria are met. Requires the metropolitan district to
submit a report to the board of county commissioners of a county
concerning any transit station plan to be located in the county.
Provides that parcels located within a specified distance of a transit
station constitute a transit station impact area. Allows property tax
revenues attributable to future increases in assessed value in a transit
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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station impact area to be used to pay debt to finance or construct the
transit station. Provides that no property tax levied by the metropolitan
district shall be subject to any existing or future tax increment financing
by any other political body.
Allows the board of the metropolitan district to adopt procedures
to allow owners of residential property to petition for inclusion in or
exclusion from the metropolitan district.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Part 10 of article 1 of title 32, Colorado Revised
3 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
4 read:
5 32-1-1004.5. Metropolitan districts - rail transportation - tax
6 increment financing. (1) NOTWITHSTANDING ANYTHING IN THIS
7 ARTICLE OR ANY OTHER LAW TO THE CONTRARY, A METROPOLITAN
8 DISTRICT MAY BE FORMED PURSUANT TO THE PROVISIONS OF THIS SECTION
9 WITHIN ANY PART OF THE REGIONAL TRANSPORTATION DISTRICT, AS
10 DESCRIBED IN ARTICLE 9 OF THIS TITLE, AND WITHIN ANY PART OF LARIMER
11 OR WELD COUNTIES, OR BOTH, FOR THE PURPOSE OF FINANCING OR
12 CONSTRUCTING SYSTEMS TO TRANSPORT THE PUBLIC BY RAIL, IMPROVE
13 THE EFFICIENCY OF RAIL FREIGHT OPERATIONS, OR MITIGATE THE EFFECT
14 OF RAIL FREIGHT OPERATIONS ON PASSENGER CAR MOBILITY AND SAFETY.
15 (2) (a) A METROPOLITAN DISTRICT CREATED PURSUANT TO THIS
16 SECTION MAY BE FORMED WHOLLY OR PARTLY WITHIN AN EXISTING
17 SPECIAL DISTRICT THAT PROVIDES OR IS AUTHORIZED TO PROVIDE THE
18 SERVICE OF MASS TRANSPORTATION IF THE IMPROVEMENTS OR FACILITIES
19 TO BE FINANCED OR CONSTRUCTED BY SUCH A METROPOLITAN DISTRICT DO
20 NOT DUPLICATE OR INTERFERE WITH ANY OTHER MASS TRANSPORTATION
21 IMPROVEMENTS OR FACILITIES ALREADY CONSTRUCTED OR PLANNED TO BE
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1 CONSTRUCTED WITHIN THE LIMITS OF THE EXISTING SPECIAL DISTRICT.
2 (b) THE INTERGOVERNMENTAL CONTRACT REQUIRED BY SECTION
3 32-1-1004 (5) SHALL NOT BE REQUIRED FOR A METROPOLITAN DISTRICT
4 CREATED PURSUANT TO THIS SECTION UNLESS A COUNTY, CITY, CITY AND
5 COUNTY, OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE IS
6 ACTUALLY OPERATING A SYSTEM OF TRANSPORTATION WITHIN SUCH
7 METROPOLITAN DISTRICT.
8 (3) IF A METROPOLITAN DISTRICT CREATED PURSUANT TO THIS
9 SECTION IS TO SERVE AN AREA EXTENDING INTO MORE THAN TWO
10 COUNTIES, THE SERVICE PLAN FOR THE METROPOLITAN DISTRICT MAY BE
11 SUBMITTED FOR APPROVAL TO THE BOARD OF THE REGIONAL
12 TRANSPORTATION DISTRICT IN LIEU OF THE BOARD OF COUNTY
13 COMMISSIONERS OF EACH SUCH COUNTY OR THE GOVERNING BODY OF A
14 MUNICIPALITY AS PROVIDED IN PART 2 OF THIS ARTICLE. IN CONSIDERING
15 SUCH PLAN, THE BOARD OF THE REGIONAL TRANSPORTATION DISTRICT
16 SHALL, TO THE EXTENT PRACTICABLE, ACT AS THE APPROVING AUTHORITY
17 AND FOLLOW THE PROCEDURES SET FORTH IN PART 2 OF THIS ARTICLE. IF
18 SUCH DISTRICT EXTENDS INTO AN AREA OF LARIMER COUNTY OR OF WELD
19 COUNTY THAT IS NOT WITHIN THE BOUNDARIES OF THE REGIONAL
20 TRANSPORTATION DISTRICT, SUCH PLAN SHALL ALSO BE SUBJECT TO
21 APPROVAL BY THE GOVERNING BODIES OF THE AREAS INTO WHICH SUCH
22 DISTRICT EXTENDS AS REQUIRED IN PART 2 OF THIS ARTICLE.
23 (4) (a) THE BOARD OF A METROPOLITAN DISTRICT CREATED
24 PURSUANT TO THIS SECTION SHALL DESIGNATE TRANSIT STATIONS AT
25 APPROPRIATE LOCATIONS FOR PUBLIC USE THAT ARE ACCESSIBLE TO ANY
26 RAIL TRANSIT FACILITY AND DEVELOP A TRANSIT STATION PLAN FOR THE
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1 DEVELOPMENT AND CONSTRUCTION OF EACH TRANSIT STATION. THE
2 TRANSIT STATION PLAN SHALL INCLUDE ALL PARKING, STREET LIGHTING,
3 SECURITY SYSTEMS, DRAINAGE, PLATFORMS, STATION BUILDINGS, ACCESS
4 ROADWAY IMPROVEMENTS, PEDESTRIAN FACILITIES, AND ANY TRACK
5 BEDDING, RAILS, ELECTRIFICATION, SWITCHING, AND SIGNALIZATION
6 WITHIN THE TRANSIT IMPACT AREA NECESSARY FOR THE OPERATION OF THE
7 TRANSIT STATION. THE METROPOLITAN DISTRICT SHALL HAVE THE
8 AUTHORITY TO FINANCE AND CONSTRUCT ALL ELEMENTS OF THE TRANSIT
9 STATION PLAN.
10 (b) THE BOARD OF THE METROPOLITAN DISTRICT SHALL DESIGNATE
11 A CENTER POINT FOR EACH TRANSIT STATION'S PROPOSED PLATFORM AND
12 IDENTIFY ALL PARCELS LYING IN WHOLE OR IN PART WITHIN ONE MILE OF
13 EACH SUCH CENTER POINT. THE TOTALITY OF THOSE PARCELS SHALL
14 CONSTITUTE THE TRANSIT STATION IMPACT AREA. IN THE EVENT THAT TWO
15 OR MORE TRANSIT STATION IMPACT AREAS OVERLAP, THE BOARD OF THE
16 METROPOLITAN DISTRICT SHALL DIVIDE THE IMPACT AREAS AS NEEDED TO
17 INSURE THAT NO PARCEL IS INCLUDED IN MORE THAN ONE TRANSIT
18 STATION IMPACT AREA. A TRANSIT STATION IMPACT AREA MAY CROSS ANY
19 POLITICAL BOUNDARY OTHER THAN THE BOUNDARY OF THE STATE OF
20 COLORADO.
21 (c) PRIOR TO APPROVING A TRANSIT STATION PLAN, THE BOARD OF
22 THE METROPOLITAN DISTRICT SHALL SUBMIT EACH TRANSIT STATION PLAN
23 TO THE PLANNING COMMISSION OF THE MUNICIPALITY, IF ANY, IN WHICH
24 THE TRANSIT STATION IS LOCATED OR TO THE PLANNING COMMISSION OF
25 THE COUNTY IF THE TRANSIT STATION IS LOCATED IN AN UNINCORPORATED
26 AREA OF A COUNTY. THE PLANNING COMMISSION SHALL REVIEW THE
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1 PROPOSED TRANSIT STATION PLAN AND MAKE WRITTEN
2 RECOMMENDATIONS AS TO THE PLAN'S CONFORMITY WITH THE GENERAL
3 PLAN FOR THE DEVELOPMENT OF THE MUNICIPALITY OR COUNTY, AS
4 APPLICABLE, AS A WHOLE. THE PLANNING COMMISSION SHALL SUBMIT ITS
5 WRITTEN RECOMMENDATIONS WITH RESPECT TO THE PROPOSED TRANSIT
6 STATION PLAN TO THE BOARD OF THE METROPOLITAN DISTRICT WITHIN
7 THIRTY DAYS AFTER RECEIPT OF THE PLAN FOR REVIEW. UPON RECEIPT OF
8 THE RECOMMENDATIONS OF THE PLANNING COMMISSION OR, IF NO
9 RECOMMENDATIONS ARE RECEIVED WITHIN SAID THIRTY DAYS, WITHOUT
10 SUCH RECOMMENDATIONS, THE BOARD OF THE METROPOLITAN DISTRICT
11 MAY PROCEED WITH THE HEARING ON THE PROPOSED TRANSIT STATION
12 PLAN AS PROVIDED IN PARAGRAPH (d) OF THIS SUBSECTION (4).
13 (d) THE BOARD OF THE METROPOLITAN DISTRICT SHALL HOLD A
14 PUBLIC HEARING ON EACH TRANSIT STATION PLAN OR SUBSTANTIAL
15 MODIFICATION OF AN APPROVED TRANSIT STATION PLAN AFTER PUBLIC
16 NOTICE THEREOF BY PUBLICATION IN A NEWSPAPER HAVING A GENERAL
17 CIRCULATION IN THE MUNICIPALITY, IF ANY, AND COUNTY IN WHICH THE
18 TRANSIT STATION IS LOCATED. THE NOTICE SHALL DESCRIBE THE TIME,
19 DATE, PLACE, AND PURPOSE OF THE HEARING, SHALL GENERALLY IDENTIFY
20 THE TRANSIT STATION IMPACT AREA COVERED BY THE PLAN, AND SHALL
21 OUTLINE THE GENERAL SCOPE OF THE TRANSIT STATION PROJECT UNDER
22 CONSIDERATION. FOLLOWING SUCH HEARING, THE BOARD MAY APPROVE
23 A TRANSIT STATION PLAN IF IT FINDS THAT:
24 (I) A FEASIBLE METHOD EXISTS FOR THE RELOCATION OF
25 INDIVIDUALS AND FAMILIES WHO WILL BE DISPLACED BY THE TRANSIT
26 STATION CONSTRUCTION PROJECT IN DECENT, SAFE, AND SANITARY
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1 DWELLING ACCOMMODATIONS WITHIN THEIR MEANS AND WITHOUT UNDUE
2 HARDSHIP TO SUCH INDIVIDUALS AND FAMILIES;
3 (II) THE TRANSIT STATION PLAN CONFORMS TO THE GENERAL PLAN
4 OF THE MUNICIPALITY AS A WHOLE.
5 (e) PRIOR TO APPROVING A TRANSIT STATION PLAN, THE BOARD OF
6 THE METROPOLITAN DISTRICT SHALL SUBMIT A REPORT TO THE BOARD OF
7 COUNTY COMMISSIONERS OF THE COUNTY IN WHICH THE TRANSIT STATION
8 WILL BE LOCATED. THE REPORT SHALL INCLUDE, AT A MINIMUM, THE
9 FOLLOWING INFORMATION CONCERNING THE PLAN:
10 (I) THE ESTIMATED DURATION OF TIME TO COMPLETE THE TRANSIT
11 STATION CONSTRUCTION PROJECT;
12 (II) THE ESTIMATED ANNUAL PROPERTY TAX INCREMENT TO BE
13 GENERATED BY THE TRANSIT STATION IMPACT AREA AND THE PORTION OF
14 SUCH PROPERTY TAX INCREMENT TO BE ALLOCATED DURING THIS PERIOD
15 TO FUND THE TRANSIT STATION CONSTRUCTION PROJECT; AND
16 (III) ANY OTHER ESTIMATED IMPACTS OF THE TRANSIT STATION
17 PROJECT ON COUNTY SERVICES OR REVENUES.
18 (f) IN CASE THE TRANSIT STATION PLAN INCLUDES AN AREA OF
19 OPEN LAND THAT, UNDER THE TRANSIT STATION PLAN, IS TO BE DEVELOPED
20 FOR TAXABLE RESIDENTIAL OR COMMERCIAL USES, THE LOCAL GOVERNING
21 BODY OF SUCH AREA SHALL COMPLY WITH THE APPLICABLE PROVISIONS OF
22 THIS SECTION AND SHALL ALSO DETERMINE THAT THE USES SET FORTH IN
23 THE TRANSIT STATION PLAN ARE NECESSARY AND APPROPRIATE TO
24 FACILITATE THE PROPER GROWTH AND DEVELOPMENT OF THE COMMUNITY
25 IN ACCORDANCE WITH SOUND PLANNING STANDARDS AND LOCAL
26 COMMUNITY OBJECTIVES.
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1 (5) ANY TRANSIT STATION PLAN, AS ORIGINALLY APPROVED OR AS
2 LATER MODIFIED PURSUANT TO THIS SECTION, MAY CONTAIN A PROVISION
3 THAT TAXES, IF ANY, LEVIED AFTER THE EFFECTIVE DATE OF THE APPROVAL
4 OF SUCH PLAN UPON TAXABLE PROPERTY IN A TRANSIT STATION IMPACT
5 AREA EACH YEAR BY OR FOR THE BENEFIT OF ANY PUBLIC BODY SHALL BE
6 DIVIDED FOR A PERIOD NOT TO EXCEED TWENTY-FIVE YEARS AFTER THE
7 EFFECTIVE DATE OF ADOPTION OF SUCH A PROVISION AS FOLLOWS:
8 (a) THAT PORTION OF THE TAXES THAT ARE PRODUCED BY THE
9 LEVY AT THE RATE FIXED EACH YEAR BY OR FOR EACH SUCH PUBLIC BODY
10 UPON THE VALUATION FOR ASSESSMENT OF TAXABLE PROPERTY IN THE
11 TRANSIT STATION IMPACT AREA LAST CERTIFIED PRIOR TO THE EFFECTIVE
12 DATE OF APPROVAL OF THE TRANSIT STATION PLAN SHALL BE PAID INTO
13 THE FUNDS OF EACH SUCH PUBLIC BODY AS ARE ALL OTHER TAXES
14 COLLECTED BY OR FOR SUCH PUBLIC BODY.
15 (b) THAT PORTION OF SAID PROPERTY TAXES IN EXCESS OF THE
16 AMOUNT SPECIFIED IN PARAGRAPH (a) OF THIS SUBSECTION (5) SHALL BE
17 ALLOCATED TO AND, WHEN COLLECTED, PAID INTO A SPECIAL FUND OF THE
18 METROPOLITAN DISTRICT TO PAY THE PRINCIPAL OF, THE INTEREST ON, AND
19 ANY PREMIUMS DUE IN CONNECTION WITH THE BONDS OF, LOANS OR
20 ADVANCES TO, OR INDEBTEDNESS INCURRED BY, WHETHER FUNDED,
21 REFUNDED, ASSUMED, OR OTHERWISE, SUCH METROPOLITAN DISTRICT FOR
22 FINANCING OR REFINANCING, IN WHOLE OR IN PART, A TRANSIT STATION
23 CONSTRUCTION PROJECT WITHIN SUCH TRANSIT STATION IMPACT AREA.
24 WHEN SUCH BONDS, LOANS, ADVANCES, AND INDEBTEDNESS, IF ANY,
25 INCLUDING INTEREST THEREON AND ANY PREMIUMS DUE IN CONNECTION
26 THEREWITH, HAVE BEEN PAID, ALL TAXES UPON THE TAXABLE PROPERTY
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1 IN SUCH TRANSIT STATION IMPACT AREA SHALL BE PAID INTO THE FUNDS
2 OF THE RESPECTIVE PUBLIC BODIES.
3 (c) IF THE TRANSIT STATION IMPACT AREA OVERLAPS AN EXISTING
4 TAX INCREMENTAL TAXING DISTRICT, THE INCREMENT SHALL NOT BE
5 COLLECTED FROM THAT PORTION OF THE TRANSIT STATION IMPACT AREA
6 UNTIL THE EXISTING TAX INCREMENTAL DISTRICT HAS EXPIRED.
7 (6) NO PROPERTY TAX LEVIED BY A METROPOLITAN DISTRICT
8 CREATED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO ANY EXISTING
9 OR FUTURE TAX INCREMENTAL FINANCING BY ANY PUBLIC BODY.
10 (7) THE PORTION OF TAXES DESCRIBED IN PARAGRAPH (b) OF
11 SUBSECTION (5) OF THIS SECTION MAY BE IRREVOCABLY PLEDGED BY THE
12 BOARD OF THE METROPOLITAN DISTRICT FOR THE PAYMENT OF THE
13 PRINCIPAL OF, THE INTEREST ON, AND ANY PREMIUMS DUE IN CONNECTION
14 WITH BONDS, LOANS, ADVANCES, AND INDEBTEDNESS.
15 (8) AS USED IN THIS SECTION, THE WORD "TAXES" SHALL INCLUDE,
16 WITHOUT LIMITATION, ALL LEVIES AUTHORIZED TO BE MADE ON AN AD
17 VALOREM BASIS UPON REAL AND PERSONAL PROPERTY; BUT NOTHING IN
18 THIS SECTION SHALL BE CONSTRUED TO REQUIRE ANY PUBLIC BODY TO
19 LEVY TAXES. SHOULD A FUTURE CHANGE BE MADE TO THE TAXATION OF
20 PERSONAL PROPERTY OR TO THE ASSESSMENT RATIOS USED IN
21 CALCULATING THE ASSESSED VALUE OF PROPERTY TO BE TAXED, THE TAX
22 INCREMENT SHALL BE RECALCULATED AS IF THE NEW TAXATION METHOD
23 HAD BEEN IN PLACE IN THE BASE YEAR OF THE TAX INCREMENT.
24 (9) IN THE EVENT THERE IS A GENERAL REASSESSMENT OF TAXABLE
25 PROPERTY VALUATIONS IN ANY COUNTY INCLUDING ALL OR PART OF THE
26 TRANSIT STATION IMPACT AREA SUBJECT TO DIVISION OF VALUATION FOR
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1 ASSESSMENT UNDER SUBSECTION (5) OF THIS SECTION, THE PORTIONS OF
2 VALUATIONS FOR ASSESSMENT UNDER PARAGRAPHS (a) AND (b) OF SAID
3 SUBSECTION (5) SHALL BE PROPORTIONATELY ADJUSTED IN ACCORDANCE
4 WITH SUCH REASSESSMENT OR CHANGE.
5 (10) NOTWITHSTANDING THE TWENTY-FIVE YEAR PERIOD OF
6 LIMITATION DESCRIBED IN SUBSECTION (5) OF THIS SECTION, ANY TRANSIT
7 STATION PLAN, AS ORIGINALLY APPROVED OR AS LATER MODIFIED
8 PURSUANT TO THIS SECTION, MAY CONTAIN A PROVISION THAT THE
9 MUNICIPAL PORTION OF TAXES LEVIED UPON TAXABLE PROPERTY WITHIN
10 SUCH AREA MAY BE ALLOCATED AS DESCRIBED IN SUBSECTION (5) OF THIS
11 SECTION FOR A PERIOD IN EXCESS OF TWENTY-FIVE YEARS AFTER THE
12 EFFECTIVE DATE OF THE ADOPTION OF SUCH PROVISION IF THE EXISTING
13 BONDS ARE IN DEFAULT OR ABOUT TO GO INTO DEFAULT; EXCEPT THAT
14 SUCH TAXES SHALL NOT BE ALLOCATED AFTER ALL BONDS OF THE
15 METROPOLITAN DISTRICT ISSUED PURSUANT TO SUCH PLAN INCLUDING
16 LOANS, ADVANCES, AND INDEBTEDNESS, IF ANY, AND INTEREST THEREON,
17 AND ANY PREMIUMS DUE IN CONNECTION THEREWITH HAVE BEEN PAID.
18 (11) EXCEPT AS SPECIFICALLY MODIFIED BY THIS SECTION, ALL
19 OTHER PROVISIONS OF THIS ARTICLE SHALL APPLY TO A METROPOLITAN
20 DISTRICT CREATED PURSUANT TO THIS SECTION.
21 SECTION 2. Safety clause. The general assembly hereby finds,
22 determines, and declares that this act is necessary for the immediate
23 preservation of the public peace, health, and safety.