reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 7 - MISCELLANEOUS (§§ 32-11.5-701 — 32-11.5-704) › Section 32-11.5-704 - Freedom from judicial process

(1)
Execution or other judicial process shall not issue against any property of the district authorized in this article, nor shall any judgment against the district be a charge or lien upon its property.
(2)
Subsection (1) of this section does not apply to or limit the right of any bondholder, trustee, or assignee of a bondholder, the federal government when it is a party to any contract with the district, or any other obligee under this article to foreclose, otherwise to enforce, and to pursue any remedies for the enforcement of any pledge or lien given by the district on the proceeds of any taxes, assessments, revenues, or any other moneys of the district.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 875, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-101 - Short title

This article shall be known and may be cited as the "Rail District Act of 1982".
L. 82: Entire article added, p. 503, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-102 - Legislative declaration

Any loss of railroad service within certain regions of Colorado may seriously interfere with the flow of commerce within this state, and the general assembly hereby declares that the following measures are adopted to allow for the formation of rail districts permitting local participation in the ownership of certain railroad properties and in the conduct of providing railroad services, subject to the limitations contained in this article.
L. 82: Entire article added, p. 503, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-104 - Territorial requirements for rail districts

(1)
A rail district may include any or all of the territory of one or more counties, as may be proposed, if each county has some contiguity with another county within the rail district or proposed rail district.
(2)
The boundaries of any rail district shall not be such as to create any enclave.
L. 82: Entire article added, p. 505, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-105 - Petition for formation

(1)
The formation of a rail district shall be initiated by a petition signed by eligible electors of the proposed rail district in number not less than five percent of the votes cast in the proposed rail district for all candidates for the office of secretary of state at the last preceding general election. The petition shall be filed with the district court of the county which has the largest population within the proposed rail district and a copy thereof delivered to the organizational commission upon its appointment by the court. In addition, a copy thereof shall also be filed with the division of local government in the department of local affairs.
(2)
(a)
The petition shall state the name proposed for the rail district, shall contain a description of the territory to be included within the boundaries of such rail district, shall list the counties and municipalities or portions thereof to be included within the rail district, and shall also state the proposed rail facilities to be acquired and operated.
(b)
Upon the filing of the petition, the court shall fix a time for a hearing, which shall be not less than twenty nor more than forty days after the petition is filed. At least seven days prior to the hearing date, the clerk of the court shall give notice by publication of the pendency of the petition and of the time and place of the hearing. At the hearing, the court shall determine whether the requisite number of eligible electors has signed the petition. No petition with the requisite signatures shall be declared void on account of minor defects, and the court may at any time permit the petition to be amended to correct any defects.
(3)
If it appears at the conclusion of the hearings that the petition conforms with the requirements of this article, the court, by order entered of record, shall appoint a rail district organizational commission according to the procedures required under section
32-12-106
.
(4)
At the time of filing the petition or at any time subsequent thereto, and prior to the time of hearing on said petition, a bond shall be filed, with security approved by the court, or a cash deposit made sufficient to pay all expenses connected with the proceedings in case the organization of the rail district is not effected. If at any time during the proceeding the court is satisfied that the bond first executed or the amount of cash deposited is insufficient in amount, it may require the execution of an additional bond or the deposit of additional cash within a time to be fixed, not less than ten days distant, and, upon failure of the petitioner to execute or deposit the same, the petition shall be dismissed.
L. 82: Entire article added, p. 505, § 1, effective April 23. L. 92: (1) and (2)(b) amended, p. 919, § 184, effective 1/1/1993.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-106 - Court appoints organizational commission and election committee

(1)
The court shall appoint an odd number of at least five rail district organizational commission members selected from the membership of the governing bodies of the counties and municipalities having territory within the boundaries of the proposed rail district, subject to the following limitation: If the proposed rail district is comprised of more than one county or portion thereof, no more than a majority of the members of the organizational commission shall be residents of any one county or any one municipality, and at least one member shall be appointed from every county situated wholly or partially within the boundaries of the proposed rail district. If the proposed rail district is within the boundaries of only one county and includes one or more municipalities, at least two members shall be residents of one or more municipalities within the county.
(2)
(a)
At the hearing specified in section
32-12-105(2)(b)
, the court shall appoint the county clerk and recorder of each county located wholly or partially within the boundaries of the proposed rail district as members of an election committee to administer the election provided for in the formation of such rail district and shall within seven days of such appointment notify said county clerk and recorders of their appointments.
(b)
A majority of the county clerk and recorders shall constitute a quorum. A chairman shall be elected by the county clerk and recorders at their first meeting, who may call additional meetings as necessary to accomplish the purposes of the election committee.
L. 82: Entire article added, p. 505, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-111 - Powers to be exercised without franchise - condition

(1)
The board has authority, without the necessity of a franchise, to cut into or excavate and use any easements dedicated to a public use or any public street, road, or highway pursuant to the construction, maintenance, or provision of services provided by the rail district.
(2)
The legislative body or other authority having jurisdiction over any such public street, road, or highway has authority to make such reasonable rules as it deems necessary in regard to any such work or use, and may require the payment of such reasonable fees by the rail district as may be fixed by said body to insure proper restoration of such streets, roads, or highways.
(3)
When any such fee is paid by the rail district, it shall be the responsibility of the legislative body or other authority to promptly restore such street, road, or highway. If such fee is not fixed or paid, the rail district shall promptly restore any such street, road, or highway to its former condition, as nearly as possible.
(4)
In the course of such construction, the rail district shall not impair the normal use of any street, road, or highway more than is reasonably necessary.
L. 82: Entire article added, p. 511, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-112 - Limitations

(1)
No rail district shall purchase any real property, or any lesser interest therein, without first submitting the proposition to a vote by the eligible electors of the rail district and obtaining the approval of a majority of the electors voting on the issue. Any such election may be held separately or may be held jointly or concurrently with any other election authorized by this article.
(2)
A rail district shall have no power of eminent domain.
(3)
A rail district shall be subject to the provisions of part 3 of article
1
of title
29
, C.R.S., to the extent such provisions are applicable.
L. 82: Entire article added, p. 512, § 1, effective April 23. L. 92: (3) amended, p. 2180, § 47, effective June 2; (1) amended, p. 921, § 188, effective 1/1/1993.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-113 - Revenues of rail district - collection

In any rail district, all rates, fees, tolls, and charges shall constitute a perpetual lien on and against the property served until paid, and any such lien may be enforced by civil action or by any other means authorized by law.
L. 82: Entire article added, p. 512, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-115 - Power to issue revenue bonds - terms

(1)
To carry out the purposes of this article, the board is authorized to issue negotiable coupon bonds payable solely from the revenues derived, or to be derived, from the facility or combined facilities of the rail district. The terms, conditions, and details of said bonds, and the procedures related thereto shall be substantially the same as those provided in part 4 of article
35
of title
31
, C.R.S., relating to water and sewer revenue bonds; except that the purposes for which the same may be issued shall not be so limited. Revenue bonds and interest coupons, if any, appurtenant thereto shall never constitute a debt or indebtedness of the rail district or any county, municipality, or other political subdivision of this state within the meaning of any provision or limitation of the state constitution or statutes or any home rule charter and shall not constitute nor give rise to a pecuniary liability of any such rail district, county, municipality, or political subdivision of this state or a charge against its general credit or taxing powers. Each bond issued under this section shall recite in substance that said bond, including the interest thereon, is payable solely from the revenues pledged for the payment thereof and that said bond does not constitute a debt of the rail district within the meaning of any constitutional or statutory limitations or provisions. Such revenue bonds may be issued to mature at such time, not exceeding the estimated life of the facility to be acquired with the bond proceeds, as determined by the board, but in no event beyond thirty years from their respective dates.
(2)
Negotiable coupon bonds payable from revenues derived, or to be derived, from a facility or combined facilities of the rail district as authorized by subsection (1) of this section may further be secured by and be payable from tax revenues of the rail district to the same extent as general obligation bonds authorized in section
32-12-116
. The form, terms, and limitations on the bonds shall be as specified in section
32-12-116
. The question of the issuance of the bonds shall be submitted to and approved by the eligible electors of the rail district voting thereon, as provided by section
32-12-117
.
L. 82: Entire article added, p. 513, § 1, effective April 23. L. 92: (2) amended, p. 922, § 190, effective 1/1/1993.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-116 - Power to incur indebtedness - interest - maturity - denominations

(1)
To carry out the purposes of this article, the board is authorized to issue general obligation negotiable coupon bonds of the rail district. Said bonds shall bear interest at a rate such that the net effective interest rate of the issue of said bonds does not exceed that maximum net effective interest rate authorized and shall be due and payable serially, either annually or semiannually, commencing not later than three years and extending not more than thirty years from the date of issuance. The form and terms of said bonds, including provisions for their payment and redemption, shall be determined by the board. If the board so determines, said bonds may be redeemable prior to maturity with or without payment of a premium, not exceeding three percent of the principal thereof. In any event, said bonds shall be subject to call not later than fifteen years from date. Said bonds shall be executed in the name and on behalf of the rail district and signed by the chairman with the seal of the rail district affixed thereto and attested by the secretary. Said bonds shall be issued in such denominations as the board determines, and the bonds and coupons, if any, thereto attached may be payable to bearer or may be in fully registered form. Interest coupons shall bear the original or facsimile signature of the chairman.
(2)
Bonds voted for different purposes by separate propositions submitted at the same or different bond elections may, at the discretion of the board, be combined and issued as a single issue of bonds so long as the security therefor is the same.
L. 82: Entire article added, p. 514, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-117 - Debt question submitted to eligible electors - resolution

(1)
Whenever the board determines by resolution that the interest of the rail district and the public interest or necessity demand the acquisition, construction, installation, or completion of any work or other improvements or facilities, or the making of any contract to carry out the objects or purposes of the rail district which requires the creation of any indebtedness of the rail district, the board shall order the submission of the proposition of incurring the indebtedness to the eligible electors of the rail district at an election held for that purpose. Any such election may be held separately or may be held jointly or concurrently with any other election authorized by this article.
(2)
The declaration of public interest or necessity required and the provision for the holding of the election may be included within the same resolution, which resolution, in addition to the declaration of public interest or necessity, shall recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works, improvements, or facilities, as the case may be, the principal amount of the indebtedness to be incurred therefor, and the maximum net effective interest rate to be paid on the indebtedness. The resolution shall also fix the date of the election and shall name a designated election official who shall be responsible for conducting the election pursuant to articles
1
to
13
of title
1
, C.R.S.
L. 82: Entire article added, p. 514, § 1, effective April 23. L. 92: Entire section amended, p. 922, § 191, effective 1/1/1993.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-118 - Effect - subsequent elections

If any proposition authorized by section
32-12-117
is approved by a majority of electors voting thereon, the rail district shall thereupon be authorized to incur such indebtedness or obligations, enter into such contracts, or issue and sell such bonds of the rail district, as the case may be, all for the purposes and objects provided for in the proposition submitted under said section, in the amount so provided, and at a price and at a rate of interest such that the maximum net effective interest rate recited in the resolution is not exceeded. Submission of the proposition of incurring such obligation or bonded or other indebtedness at such an election shall not prevent or prohibit submission of the same or other propositions at subsequent elections called for such purpose, but no new election creating an indebtedness may be held within one hundred twenty days after the date of the election at which a proposal was defeated. No more than two such elections may be held within any twelve-month period.
L. 82: Entire article added, p. 515, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-119 - Correction of faulty notices

In any case where a notice is provided for in this article, if the court or the board reviewing the proceedings finds for any reason that due notice was not given, said body shall not thereby lose jurisdiction, and the proceedings in question shall not thereby be void or be abated, but said body shall order due notice to be given, shall continue the proceeding until such time as notice is properly given, and thereupon shall proceed as though notice had been properly given in the first instance.
L. 82: Entire article added, p. 515, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-120 - Refunding bonds

Any bonds issued by any rail district may be refunded without an election as provided in article
56
of title
11
, C.R.S.
L. 82: Entire article added, p. 515, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-121 - Anticipation warrants

The board may defray any costs of the rail district by the issuance of notes or warrants to evidence the amount due therefor, in anticipation of taxes or revenues or both. Interest on such notes or warrants shall be governed by the provisions of section
5-12-104
, C.R.S. Notes and warrants may mature at such time not exceeding one year from their date of issuance as the board may determine. If such notes or warrants are not paid during the fiscal year in which they are issued, the board shall, at the end of its fiscal year, budget the amount necessary to pay in full the amount of notes and warrants outstanding and due during the next fiscal year.
L. 82: Entire article added, p. 515, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-122 - Inclusion of additional territory in existing rail district - procedures

(1)
Proceedings for inclusion of a portion of a county or portions of two or more counties or an entire additional county, counties, or a municipality, or portion thereof, in a rail district shall be in accordance with the provisions of part 4 of article
1
of this title, subject to the provisions of this article. Inclusion may be initiated by petitions signed by eligible electors in an amount equal to at least five percent of the total number of electors who cast votes in the area seeking to be included for all candidates for the office of secretary of state at the last preceding general election.
(2)
The board shall initiate negotiations for the purchase and operation of the additional rail facilities in the newly included area.
(3)
If negotiations fail to acquire any additional authorized railroad facilities, upon petition by the board, the court shall order the newly expanded portion of the rail district excluded.
L. 82: Entire article added, p. 515, § 1, effective April 23. L. 92: (1) amended, p. 923, § 192, effective 1/1/1993.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-123 - Grant of operating privileges and use of railroad and facilities

Except as may be limited by the terms and conditions of any grant, loan, or agreement authorized by this article, a rail district may by contract, lease, or otherwise, for such consideration and term as it may determine, grant to any person the privilege of operating or using any railroad or railroad facilities or property owned or controlled by the rail district. No person may be granted any authority to operate a railroad other than as a common carrier or switching service.
L. 82: Entire article added, p. 516, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-124 - Arrangements for operating and providing railroad service

(1)
The rail district may enter into contracts, leases, and other arrangements for such term as the rail district may determine with any persons:
(a)
Granting the privilege of using or improving the railroad or any portion or facility or space for commercial purposes;
(b)
Conferring the privilege of supplying goods, commodities, services, or facilities along the railroad;
(c)
Making available services to be furnished by the rail district or its agents.
(2)
In each case the district may establish the terms and conditions and fix the charges, rentals, or fees for the privileges or services, which shall be reasonable and uniform for the same class of privilege or service.
L. 82: Entire article added, p. 516, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-125 - Public purpose and necessity for acquisitions

Any land and other property and privileges acquired and used by or on behalf of any rail district are hereby declared to be acquired and used for public and governmental purposes and as a matter of public necessity; however, public utilities may acquire rights-of-way across or along such land in accordance with their powers of eminent domain.
L. 82: Entire article added, p. 516, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-126 - Disposition of property of rail district

Except as may be limited by the terms and conditions of any grant, loan, or agreement made or received by the rail district, a rail district may, by sale, lease, or otherwise, dispose of any of its property or portion thereof or interest therein.
L. 82: Entire article added, p. 516, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-127 - Dissolution

Except as otherwise provided in this article, a rail district may be dissolved in a manner pursuant, as nearly as practicable, to the provisions of part 7 of article
1
of this title. Dissolution may be initiated by petitions signed by eligible electors in an amount equal to at least five percent of the total number of electors who cast votes within the rail district for all candidates for the office of secretary of state at the last preceding general election. No dissolution shall be effected unless approved by a majority of the eligible electors of the rail district voting thereon and unless satisfactory arrangements have been made for payment of any obligations or debts and for the continuation of any services essential for the health, welfare, and safety of residents of the rail district.
L. 82: Entire article added, p. 516, § 1, effective April 23. L. 92: Entire section amended, p. 923, § 193, effective 1/1/1993.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-128 - Early hearings

All court actions involving the validity of any proceeding under this article which is a matter of immediate public interest and concern shall be advanced and heard at the earliest practical moment.
L. 82: Entire article added, p. 517, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 12 - RAIL DISTRICT ACT (§§ 32-12-101 — 32-12-129) › Section 32-12-129 - Elections

(1)
Elections shall be conducted pursuant to articles
1
to
13
of title
1
, C.R.S.
(2)
All necessary expenses of any rail district regular special district election or special election subsequent to the organization of the rail district and other proceedings conducted pursuant to the election shall be paid by the rail district.
L. 82: Entire article added, p. 517, § 1, effective April 23. L. 92: Entire section amended, p. 923, § 194, effective 1/1/1993.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 13 - SCIENTIFIC AND CULTURAL FACILITIES DISTRICT (§§ 32-13-101 — 32-13-114) › Section 32-13-101 - Short title

This article shall be known as the "Scientific and Cultural Facilities District Act".
L. 87: Entire article added, p. 1254, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 13 - SCIENTIFIC AND CULTURAL FACILITIES DISTRICT (§§ 32-13-101 — 32-13-114) › Section 32-13-102 - Legislative declaration

The general assembly hereby finds, determines, and declares that the scientific and cultural facilities located in the state of Colorado are a rich source of knowledge and inspiration to all of the residents of the state, that the preservation and development of such facilities are vital to the cultural and intellectual life of the state, that scientific and cultural facilities are an important factor to the economic well-being of the state, that economic development and tourism are needed to maintain and to promote such facilities, and that creation of scientific and cultural facilities districts will promote the health, safety, and welfare of the residents of the state.
L. 87: Entire article added, p. 1254, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 13 - SCIENTIFIC AND CULTURAL FACILITIES DISTRICT (§§ 32-13-101 — 32-13-114) › Section 32-13-104 - Creation of district - area of district

There is hereby created a district to be known and designated as the "Denver Metropolitan Scientific and Cultural Facilities District". The area comprising the district shall consist of all of the area within the boundaries of the counties of Adams, Arapahoe, Boulder, and Jefferson, all of the area within the boundaries of the city and county of Broomfield and the city and county of Denver, and all of the area within the county of Douglas; except that the area within the boundaries of the town of Castle Rock and the area within the boundaries of the town of Larkspur in the county of Douglas shall not be included in the district.
L. 87: Entire article added, p. 1255, § 1, effective July 1. L. 94: Entire section amended, p. 1339, § 4, effective May 25. L. 96: (1)(b) amended, p. 308, § 4, effective April 15. L. 99: (1)(b) amended, p. 420, § 4, effective April 30. L. 2004: Entire section amended, p. 285, § 2, effective 7/1/2006.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 13 - SCIENTIFIC AND CULTURAL FACILITIES DISTRICT (§§ 32-13-101 — 32-13-114) › Section 32-13-104.3 - Additional district area - petition - required filings

(1)
For any area that is contiguous to any boundary of the district, the area may be included in the district if the following requirements are satisfied:
(a)
A petition signed by one hundred percent of the owners of the land comprising the area proposed to be included, including the owners of any land constituting a planned unit development or subdivision, is presented to the board. The petition shall contain a legal description of the land comprising the area proposed to be included, state that assent to the inclusion is given by the fee owner thereof, and be acknowledged by the fee owner in the same manner as required for the conveyance of land.
(b)
The board resolves to accept the area specified in the petition into the district.
(2)
Prior to including any additional area in the district pursuant to this section, the district shall file a notice and map containing a legal description of the area with the county clerk and recorder of any county in which the area is located, the division of local government in the department of local affairs, and the department of revenue. Upon receiving a notice and map pursuant to this subsection (2), the department of revenue shall communicate with any taxing jurisdictions affected by the inclusion of the additional area in the district in order to facilitate the administration and collection of taxes within the additional area and to identify all retailers affected by the inclusion of the additional area. The department of revenue shall make copies of any such notices and maps available to all taxing jurisdictions in the state, including special districts that impose a sales tax.
(3)
A map of the land comprising the area proposed to be included in the district shall be available for review by the landowners of such area when the landowners sign a petition to be included in the district pursuant to paragraph (a) of subsection (1) of this section.
L. 2004: Entire section added, p. 924, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 13 - SCIENTIFIC AND CULTURAL FACILITIES DISTRICT (§§ 32-13-101 — 32-13-114) › Section 32-13-104.7 - Annexation of enclaves

(1)
When any unincorporated territory has been entirely contained within the boundaries of the Denver metropolitan scientific and cultural facilities district, the board may, by resolution, annex the territory to the district. The board shall give notice of a proposed annexation resolution by publishing a copy of the resolution once a week for four successive weeks in a newspaper of general circulation in the territory proposed to be annexed. The board shall also send a copy of the proposed annexation resolution by registered mail to the board of county commissioners and county attorney of the county containing the territory to be annexed, to any special district or school district having territory within the territory to be annexed, and to the executive director of the department of revenue. The first publication of the notice and the mailing of the proposed annexation resolution shall occur at least thirty days prior to the final adoption of the resolution, and the board shall allow interested persons to testify for or against the resolution at a public hearing held prior to the final adoption of the resolution.
(2)
No territory may be annexed pursuant to subsection (1) of this section if any part of the district boundary or area surrounding the territory consists of public rights-of-way, including streets and alleys, that are not immediately adjacent to the district on the side of the right-of-way opposite to the territory.
L. 2001: Entire section added, p. 822, § 2, effective August 8.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 13 - SCIENTIFIC AND CULTURAL FACILITIES DISTRICT (§§ 32-13-101 — 32-13-114) › Section 32-13-107.5 - Legislative declaration - submission to voters - severability

(1)
The general assembly hereby finds, determines, and declares that the extension of the sales and use taxes imposed pursuant to section
32-13-105
are extensions of expiring taxes subject to the provisions of section 20 (4)(a) of article X of the state constitution and are subject to voter approval; that the tax proceeds resulting from the taxes which the voters may be asked to extend are subject to the fiscal year spending limit of the Denver metropolitan scientific and cultural facilities district imposed by section 20 (7)(b) of said article X; that said constitutional provision limits the growth of district revenues by restricting the increase of fiscal year spending to the rate of inflation plus annual local growth; that the ballot questions specified in section
32-13-105
fully disclose to the voters that the amount of tax proceeds resulting from the taxes which they may be asked to extend will be subject to increase after the current fiscal year based upon the factors of inflation and annual local growth specified in section 20 (7)(b) of said article X; and that this disclosure in said ballot questions is for informational purposes only as the growth in the amount of tax proceeds is permitted to occur only at the rate permitted by section 20 (7)(b) of said article X.
(2)
The purpose of this article is to secure a dependable source of revenue to be used by the Denver metropolitan scientific and cultural facilities district to assist scientific and cultural facilities within said district as set forth in this article and to provide for a source of revenue which will grow in proportion to the expanding financial needs of scientific and cultural facilities. However, in the event that it is found by a court of competent jurisdiction that the provisions of section 20 of article X of the state constitution do not permit an extension of an expiring tax which incorporates such growth in revenues, the portions of the ballot questions set forth in section
32-13-105
which provide for an adjustment of permissible revenues based on inflation and annual local growth shall be deemed to be severable from the remainder of such ballot questions and that the valid portions of the ballot questions are not so essentially and inseparably connected with or dependent upon the invalid portions that the valid portions would not have been enacted without the invalid portions.
L. 94: Entire section added, p. 475, § 4, effective March 31.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 13 - SCIENTIFIC AND CULTURAL FACILITIES DISTRICT (§§ 32-13-101 — 32-13-114) › Section 32-13-109 - Board of directors - powers and duties

(1)
A district created pursuant to section
32-13-108
shall be governed by a board of directors which shall be appointed by the board of county commissioners. A director appointed pursuant to this subsection (1) shall be appointed to serve a term of three years, but no director shall serve more than two succeeding terms. Any such director may be removed at any time during his term by the appointing authority.
(2)
The board shall have the following powers and duties:
(a)
To fix the time and place at which its regular meetings shall be held. Meetings shall be held within the district and shall be open to the public.
(b)
To adopt and amend rules of procedure;
(c)
To select a chairman;
(d)
To hire such staff as may be necessary to assist the board in its duties;
(e)
To enter into contracts including but not limited to contracts for the provision of cultural services for the district;
(f)
To sue and be sued;
(g)
To administer and use moneys collected pursuant to section
32-13-110
, in accordance with the guidelines specified in section
32-13-110
.
L. 87: Entire article added, p. 1262, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 13 - SCIENTIFIC AND CULTURAL FACILITIES DISTRICT (§§ 32-13-101 — 32-13-114) › Section 32-13-111 - No impairment of contractual obligations

Nothing in this article shall be construed to affect or impair any obligations of contracts between any governmental entity and any cultural facility.
L. 87: Entire article added, p. 1263, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 13 - SCIENTIFIC AND CULTURAL FACILITIES DISTRICT (§§ 32-13-101 — 32-13-114) › Section 32-13-112 - Discount rates

Any day designated by a scientific and cultural facility within any district as a "free day" or a "discounted rate day", on which the amount of admission to such facility is waived or the amount of admission is reduced, shall be made available to all residents of the state.
L. 87: Entire article added, p. 1263, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 13 - SCIENTIFIC AND CULTURAL FACILITIES DISTRICT (§§ 32-13-101 — 32-13-114) › Section 32-13-113 - [Repealed]

L. 87: Entire article added, p. 1263, § 1, effective July 1. L. 2002: Entire section repealed, p. 867, § 4, effective August 7.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 13 - SCIENTIFIC AND CULTURAL FACILITIES DISTRICT (§§ 32-13-101 — 32-13-114) › Section 32-13-114 - [Repealed]

L. 87: Entire article added, p. 1263, § 1, effective July 1. L. 94: Entire section repealed, p. 485, § 4, effective March 31.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 14 - DENVER METROPOLITAN MAJOR LEAGUE BASEBALL STADIUM DISTRICT (§§ 32-14-101 — 32-14-133) › Section 32-14-101 - Short title

This article shall be known and may be cited as the "Denver Metropolitan Major League Baseball Stadium District Act".
L. 89: Entire article added, p. 1327, § 1, effective June 2.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 14 - DENVER METROPOLITAN MAJOR LEAGUE BASEBALL STADIUM DISTRICT (§§ 32-14-101 — 32-14-133) › Section 32-14-102 - Legislative declaration

The general assembly hereby finds, determines, and declares that the location of a major league baseball franchise in the state of Colorado would be a source of recreational entertainment for the residents of the state; that a major league baseball franchise would stimulate economic development throughout the state resulting in increased tourism, the creation and maintenance of new jobs, and the attraction and retention of sports and entertainment events; that, in order to be considered for the location of a major league baseball franchise, it is essential that the mechanism exist for financing and constructing a major league baseball stadium in the Denver metropolitan area; and that the creation of a major league baseball stadium district will promote the health, safety, and welfare of the residents of the state.
L. 89: Entire article added, p. 1327, § 1, effective June 2.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 14 - DENVER METROPOLITAN MAJOR LEAGUE BASEBALL STADIUM DISTRICT (§§ 32-14-101 — 32-14-133) › Section 32-14-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Board" means the board of directors of the Denver metropolitan major league baseball stadium district created by this article.
(2)
"Commission" means the Colorado baseball commission created by this article.
(3)
"Commissioner" means a member of the commission.
(4)
"Director" means a member of the board.
(5)
"District" means the Denver metropolitan major league baseball stadium district created by this article.
(6)
"Major league baseball" means the organization which controls the administrative functions for the ownership and operation of major league baseball operations in the United States and Canada.
(7)
"Major league baseball franchise" means the contractual right granted by major league baseball to any individual, group of individuals, or entity to own and operate a major league baseball team in a specified location.
(8)
"Minor league baseball franchise" means the contractual right granted to any individual, group of individuals, or entity to own and operate a minor league baseball team in a specified location.
(9)
"Special obligation bonds" means the bonds issued by the district pursuant to the provisions of section
32-14-117
.
(10)
"Stadium" means a sports facility which is designed for use primarily as a major league baseball stadium, which meets the criteria established by the board, which meets criteria which may be established by major league baseball, and which may include, but is not limited to, such features as parking areas, sky boxes, and press boxes which are necessary or desirable for such a sports facility.
L. 89: Entire article added, p. 1327, § 1, effective June 2.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 14 - DENVER METROPOLITAN MAJOR LEAGUE BASEBALL STADIUM DISTRICT (§§ 32-14-101 — 32-14-133) › Section 32-14-104 - Creation of district - area of district

(1)
There is hereby created a district to be known and designated as the Denver metropolitan major league baseball stadium district. The district shall be a body corporate and politic and a political subdivision of the state. The area comprising the district shall consist of:
(a)
That area comprising the regional transportation district, as specified in section
32-9-106
as it existed on June 2, 1989; and
(b)
That area comprising the regional transportation district as specified in sections
32-9-106.3
as it existed on May 25, 1994,
32-9-106.4
as it existed on April 15, 1996, and
32-9-106.6
as it existed on May 25, 1994, unless rejected by the eligible electors as provided in said sections. Except as otherwise provided by law, the area shall not include areas included in the regional transportation district pursuant to section
32-9-106.7
.
(2)
Each of the directors, officers, and employees of the district shall be a public employee for purposes of the "Colorado Governmental Immunity Act", article
10
of title
24
, C.R.S.
L. 89: Entire article added, p. 1328, § 1, effective June 2. L. 90: Entire section amended, p. 1517, § 1, effective April 16. L. 94: Entire section amended, p. 1339, § 5, effective May 25. L. 96: (1)(b) amended, p. 309, § 5, effective April 15. L. 99: (1)(b) amended, p. 420, § 5, effective April 30. L. 2007: (1) amended, p. 835, § 8, effective May 14.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 14 - DENVER METROPOLITAN MAJOR LEAGUE BASEBALL STADIUM DISTRICT (§§ 32-14-101 — 32-14-133) › Section 32-14-106 - Board of directors - membership - qualifications

(1)
The district created in section
32-14-104
shall be governed by a board of directors, which consists of seven directors. No director shall be an elected official.
(2)
The seven directors shall be appointed by the governor, with the consent of the senate, for four-year terms. Appointments made to the board while the senate is not in session shall be temporary appointments, and the appointees shall serve on a temporary basis until the senate is in session and is able to confirm such appointments. Each director shall hold office until the director's successor is appointed.
(3)
All directors shall have expertise in one or more areas which are relevant to the performance of the powers and duties of the board. Such areas of expertise may include, but are not limited to: Public finance; private finance; commercial law; commercial real estate; real estate development; general contracting; architecture; and administration of baseball operations.
(4)
All directors shall reside within the geographical boundaries of the district.
(5)
Any director may be removed at any time during the director's term at the pleasure of the governor. If any director vacates the director's office during the term for which appointed to the board, a vacancy on the board exists, and the governor shall fill such vacancy by appointment for the remainder of such unexpired term, subject to confirmation by the senate.
(6)
The directors shall elect a chairman and a vice-chairman from among the membership of the board.
(7)
All business of the board shall be conducted at regular or special meetings, which shall be held within the geographical boundaries of the district and which shall be open to the public. This subsection (7) and part 4 of article
6
of title
24
apply to all meetings of the board.
(8)
Board action shall require the affirmative vote of a majority of the total membership of the board.
(9)
Directors of the board shall receive no compensation for their services but may be reimbursed for their necessary expenses while serving as directors of the board.
Amended by 2022 Ch. 2,§98, eff. 2/25/2022.
L. 89: Entire article added, p. 1329, § 1, effective June 6. L. 90: (7) amended, p. 1518, § 3, effective April 16. L. 91: (7) amended, p. 821, § 9, effective June 1.