The purpose of this article is to facilitate transportation and communication between the eastern and western portions of the state through the efficient operation and maintenance of the existing Moffat tunnel under the continental divide and to promote the health, comfort, safety, convenience, and welfare of the people of the state, with special benefit to […]
As used in this article, unless the context otherwise requires: “Board” means the Moffat tunnel commission created pursuant to section 32-8-103 (1). “Contract” or “contractual” means any contract, lease, license, permit, or other written authority for the use of the Moffat tunnel, its approaches, and equipment according to the terms of the underlying agreement. “Department” […]
There is hereby created an improvement district known and designated as the Moffat tunnel improvement district. Said district is declared to be a body corporate under the laws of Colorado, and by said name may sue and defend in all actions, suits, and proceedings. Said district shall be comprised of the following territory: City and […]
The district was, until February 1, 1998, managed and controlled by a board of five members known as the “Moffat tunnel commission”. At that time, acting pursuant to Senate Bill 96-233, the department assumed the powers of the board. to (3.5) (Deleted by amendment, L. 2002, p. 1069 , § 2, effective August 7, 2002.) […]
The department has power on behalf of said district: To employ a chief engineer, and such other engineers, assistants, and employees as may be necessary, and to provide for their compensation; To secure the services of attorneys and provide for their compensation; To preserve, operate, and maintain, or contract for the preservation, operation, and maintenance […]
Annually on or before July 1, the department shall determine the amount of revenue necessary for administrative costs of the department relating to the property of the district. After setting aside sufficient revenue necessary for administrative costs, which may be paid from the available cash, securities, and other moneys of the district, not including proceeds […]
The department shall have: The right to enforce the provisions of any contracts and to modify the contracts upon mutual agreement of the respective parties to the contracts; and The power to enter into contracts with persons and with private and public corporations for the right to use the tunnel for the transmission of power, […]
The executive director of the department is authorized to adopt reasonable rules relating to the Moffat tunnel subject to the provisions of this article and subject to existing contractual rights and obligations of the users. All rules of the board shall be repealed upon the adoption of rules by the executive director relating to the […]
The department shall have the authority to convey or transfer ownership of all tangible property, real and personal, or any interest therein owned by the district for fair market value. Each user shall have the right to purchase, to the extent of its use, real property interests of the district at fair market value, which […]
At such time as the district does not own any real property, all remaining property interests, tangible and intangible, including, but not limited to, fixtures, books, documents, contracts, records of title, and other records of the district shall be transferred to the department. The executive director of the department shall execute all necessary bills of […]
All cash, proceeds, and other moneys collected by the department pursuant to this article shall be transmitted to the state treasurer who shall credit the same to the Moffat tunnel cash fund, which fund is hereby created. Moneys in the fund not subject to immediate transfer pursuant to section 32-8-124.7 (2) shall be subject to […]
