CO Code § 41-3-104 (2021)
2021 Colorado Code|Title 41 - Aeronautics: Aircraft and Airports|Article 3 - Public Airport Authority Law|§ 41-3-104. Creation of Authorities

  Any combination, or any county in this state acting independently, may create an authority that is authorized to operate an airport in this state and exercise the functions conferred by the provisions of this article, upon the issuance by the director of the division of local government in the department of local affairs of a certificate reciting that the authority has been duly organized according to the laws of the state of Colorado. Such certificate shall be issued by the director of said division upon the filing with him or her of a certified copy of the resolution of the county acting independently and, in the case of a combination, of each county or municipality joining therein, duly certified as correct by the clerk of the municipality or county. In the case of a combination, there shall also be filed with the director of said division a joint certificate of the clerks of any county or municipality joining therein, certifying that such counties or municipalities, and listing them, constitute all of the counties or municipalities joining in the formation of the authority. At the time of filing such resolutions, there shall also be filed a designation of the official name of the authority.    Any combination creating an authority may be increased from time to time to include one or more additional counties or municipalities, if each additional municipality or county and the members then included in the authority and the board of commissioners of the authority, respectively, adopt a resolution consenting thereto. Any authority which was created by a county acting independently may be increased from time to time to include one or more additional counties or municipalities, if each additional municipality or county and the county creating the authority and the board of commissioners of the authority, respectively, adopt a resolution consenting thereto. Upon the inclusion of any county or municipality in an authority initially created by a county acting independently, such authority shall be deemed to have been created by a combination for purposes of this article. Upon the inclusion of any county or municipality in the authority so created, either initially or as an additional member later, all rights, contracts, obligations, and property, both real and personal, of such municipality or county used for or in relation to transportation by air shall vest in the authority created pursuant to this section, unless otherwise specifically provided by the resolution including such municipality or county in the authority.    Any combination formed to create an authority may be decreased if each of the members then included therein and the board of the authority consent to the decrease and make provision for the retention or disposition of the assets and liabilities of the county or municipality, as the case may be; but, if the authority has any bonds outstanding, no such decrease shall be effective until at least seventy-five percent of the holders of the outstanding bonds of the authority consent thereto in writing, or unless the board determines that such decrease will not affect adversely the rights of the holders of such outstanding bonds.    A municipality or a county in this state shall not adopt a resolution authorized by this section without a public hearing thereon. Notice shall be given at least ten days prior to the date of the hearing in a newspaper having a general circulation in the municipality or county, as the case may be.    All commissioners of an authority shall be appointed for a term of four years each; except that a vacancy occurring other than by the expiration of term shall be filled for the unexpired term in the same manner as the original appointments.    Any authority created pursuant to the provisions of this article shall cease to exist upon the filing with the director of the division of local government of a certified resolution of each county or municipality composing the authority requesting the termination of such authority; but adequate provisions shall be made for the payment of the outstanding bonds of the authority.    Notwithstanding any other provision of this article to the contrary, the general assembly may, by law, authorize the governor, on behalf of the state, to join in the creation of any airport authority authorized by this article or to join any existing airport authority created pursuant to this article.     History. Source: L. 65: P. 166, § 4. C.R.S. 1963: § 5-5-4 . L. 69: Pp. 101, 105, §§ 3, 3. L. 76: (1) and (6) amended, p. 607, § 34, effective July 1. L. 85: (2) amended, p. 1310, § 1, effective March 10. L. 2016: (1) and (4) amended,(SB 16-168), ch. 164, p. 522, § 2, effective August 10.    Cross references:   For publication of legal notices, see article 70 of title 24.   ANNOTATION   Subsection (2) provision is constitutional. Provision in subsection (2) vesting in an airport authority “all rights, contracts, obligations, and property, both real and personal” belonging to a county or municipality included in the authority does not attempt to grant special privileges in contravention of § 11 of art. II, Colo. Const.Enger v. Walker Field, 181 Colo. 253 , 508 P.2d 1245 (1973).   The provision in subsection (2) for the vesting in an airport authority “all rights, contracts, obligations, and property, both real and personal”, belonging to a city and a county without the approval of the taxpaying electors in the respective political entities did not constitute the taking of property without due process of law, contrary to § 25 of art. II, Colo. Const.Enger v. Walker Field, 181 Colo. 253 , 508 P.2d 1245 (1973).   Provision in subsection (2) vesting in an airport authority “all rights, contracts, obligations, and property, both real and personal” belonging to a county or municipality included in the authority is not vague, indefinite, and uncertain. Enger v. Walker Field, 181 Colo. 253 , 508 P.2d 1245 (1973).   Constitutionality of subsection (7) was not relevant to class action challenge of validity of revenue bonds issued by an airport authority. Enger v. Walker Field, 181 Colo. 253 , 508 P.2d 1245 (1973).   Applied in Walker Field v. Adams, 606 F.2d 290 (10th Cir. 1979).