§ 32-12-101. Short Title
This article shall be known and may be cited as the “Rail District Act of 1982”. Source: L. 82: Entire article added, p. 503, § 1, effective April 23.
§ 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 […]
§ 32-12-103. Definitions
As used in this article 12, unless the context otherwise requires: “Board” means the board of directors of a rail district. “Chairman” means the chairman of the board. “County” means a home rule or statutory county and includes a city and county. (3.5) “Eligible elector” or “elector” of a rail district means an individual qualified […]
§ 32-12-104. Territorial Requirements for Rail Districts
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. The boundaries of any rail district shall not be such as to create any enclave. Source: L. 82: […]
§ 32-12-105. Petition for Formation
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 […]
§ 32-12-106. Court Appoints Organizational Commission and Election Committee
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 […]
§ 32-12-107. Rail District Organizational Commission
The rail district organizational commission appointed pursuant to section 32-12-106 shall meet within twenty days after its appointment on a date designated by the district court. The rail district organizational commission shall elect a chairman and a vice-chairman from among its membership. Further meetings of the commission shall be held upon call of the chairman […]
§ 32-12-108. Election for Formation – Acquisitions – Services – Mill Levy Limit – Board
Within seven days after receipt of the rail district organizational commission’s report, the district court shall direct the election committee, as provided in section 32-12-106 (2), to conduct an election on the date designated by the organizational commission for the purpose of deciding whether a rail district is to be formed, to provide an opportunity […]
§ 32-12-109. Board of Directors
The governing body of the rail district shall be a board of directors in which all legislative power of the rail district is vested. The board shall consist of seven members, five of whom shall reside in and be elected by the eligible electors of the respective zones and two of whom shall be elected […]
§ 32-12-110. General Powers
The rail district shall be a body corporate and a political subdivision of the state, and the board has the following general powers: To have and use a corporate seal; To sue and be sued and be a party to suits, actions, and proceedings. The provisions of the “Colorado Governmental Immunity Act”, article 10 of […]
§ 32-12-111. Powers to Be Exercised Without Franchise – Condition
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. The legislative body or other authority having jurisdiction over any […]
§ 32-12-112. Limitations
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 […]
§ 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. Source: L. 82: Entire article added, p. 512, § 1, effective April 23.
§ 32-12-114. Levy and Collection of Taxes
To provide for the levy and collection of taxes, the board shall determine, in each year, the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the rail district, and shall fix a rate of levy not to exceed the maximum mill levy authorized pursuant to section […]
§ 32-12-115. Power to Issue Revenue Bonds – Terms
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 […]
§ 32-12-116. Power to Incur Indebtedness – Interest – Maturity – Denominations
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 […]
§ 32-12-117. Debt Question Submitted to Eligible Electors – Resolution
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 […]
§ 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 […]
§ 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 […]
§ 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. Source: L. 82: Entire article added, p. 515, § 1, effective April 23.