(1) In addition to any other powers granted to the district in this article 9, the district has the following powers:
(a) To have the duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate. The district shall be a political subdivision of the state.
(b) To have perpetual existence and succession, subject to the provisions of section 32-9-158;
(c) To adopt, have, and use a seal and to alter same at pleasure;
(d) To sue and be sued;
(e) To enter into any contract or agreement not inconsistent with this article or the laws of this state;
(f) To borrow money and to issue district securities evidencing same;
(g) To refund any loan or obligation of the district and to issue refunding securities therefor;
(h) To purchase, trade, exchange, or otherwise acquire, maintain, and dispose of real property and personal property and any interest therein;
(i) To levy and cause to be collected taxes on all taxable property within the district, subject to the limitations imposed by this article and the laws of the state;
(j) To employ such officers, agents, employees, and other persons necessary to carry out the purposes of this article and to acquire office space, equipment, services, supplies, and insurance necessary to carry out the purposes of this article;
(k) To condemn property for public use;
(l) To establish, maintain, and operate a mass transportation system, subject to the provisions of section 32-9-119.5 for the operation of the district's bus operations, and all necessary facilities relating thereto across or along any public street, highway, bridge, viaduct, or other public right-of-way, or in, upon, under, or over any vacant public lands without first obtaining a franchise from the public body having jurisdiction over the same; except that the district shall cooperate with any public body having such jurisdiction and the district shall promptly restore any such street, highway, bridge, viaduct, or other public right-of-way to its former state of usefulness as nearly as may be and shall not use the same in such a manner as to impair completely or unnecessarily the usefulness thereof;
(l.5) To implement the provisions of section 32-9-119.5 concerning the operation of the district's bus operations;
(m) To fix and from time to time increase or decrease the revenues for services and facilities provided by the district; to pledge revenues for the payment of special district obligation bonds that have been issued in accordance with this article; and to enforce the collection of such revenues;
(n) To deposit any moneys of the district not then needed in the conduct of district affairs in any banking institution within or without the district or in any depository authorized in section 24-75-603, C.R.S. For the purpose of making such deposits, the board may appoint, by written resolution, one or more persons to act as custodians of the moneys of the district. Such persons shall give surety bonds in such amounts and form and for such purposes as the board requires.
(o) To invest any surplus money in the district's treasury, including moneys in a sinking or reserve fund established for the purpose of retiring any district securities, not required for immediate necessities of the district in securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S.;
(p) To sell from time to time such securities thus purchased and held;
(q) To accept grants or loans from the federal government, the state government, or any political subdivision thereof, to enter into contracts and cooperate with the federal government, the state government, or any political subdivision thereof, and to do all things necessary, not inconsistent with this article or the laws of this state, in order to avail itself of such aid, assistance, and cooperation under any federal or state legislation;
(r) To enter into joint operating or service contracts, and acquisition, improvement, equipment, or disposal contracts with any public body in the district concerning any mass transportation facility whether acquired by the district or by the public body; to perform such contracts; and to accept grants and contributions from any public body or any other person in connection therewith;
(s) To enter upon any land within the district to make surveys, borings, soundings, and examinations for the purposes of the district;
(t) To have the management, control, and supervision of all business and affairs relating to any mass transportation facility authorized in this article 9, subject to the provisions of section 32-9-119.5 for the operation of the district's bus operations, or otherwise concerning the district, and of the acquisition, improvement, equipment, operation, maintenance, and disposal of any property relating to any such mass transportation facility; except that the oversight of operations and facilities for safety purposes as required by 49 CFR 674, entitled State Safety Oversight, and article 18 of title 40, shall be subject to the jurisdiction of the public utilities commission of the state of Colorado;
(u) To enter into contracts of indemnity and guaranty;
(v) To secure financial statements, appraisals, economic feasibility reports, and valuations of any type relating to the mass transportation system of the district or any facility therein;
(w) To make all contracts, execute all instruments, and do all things necessary or convenient in the exercise of the powers granted in this article, or in the performance of the district's covenants or duties, or in order to secure the payment of district securities;
(w.5) In accordance with an implementation plan developed as required by section 32-22-103 (5), to enter into a standalone intergovernmental agreement with or create a separate legal entity pursuant to sections 29-1-203 and 29-1-203.5 or pursuant to articles 121 to 137 of title 7 with the department of transportation, the high-performance transportation enterprise, created in section 43-4-806 (2)(a)(I), and the front range passenger rail district, created in section 32-22-103 (1), to implement the completion of construction and operation of the northwest fixed guideway corridor, including an extension of the corridor to Fort Collins as the first phase of front range passenger rail service;
(x) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this article, which specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this article;
(y) To exercise all or any part or combination of the powers granted in this article 9; and
(z) To enter into a service partnership agreement with a local government, institution of higher education, business or housing entity, or special district to expand services within the district's service territory, or beyond the boundaries of the district as authorized by law, by:
(I) Sharing resources and the means of providing transportation system projects or services; or
(II) Cooperating on the research, development, or implementation of transportation system projects or services.
(1.9) Repealed.
(2) (a) To provide revenue to finance the operations of the district, to defray the cost of construction of capital improvements and acquisition of capital equipment, and to pay the interest and principal on securities of the district, the board, for and on behalf of the district, has the power to levy uniformly throughout the district a sales tax at any rate that may be approved by the board, upon every transaction or other incident with respect to which a sales tax is now levied by the state, pursuant to the provisions of article 26 of title 39, C.R.S.
(b) and (b.5) Repealed.
(c) Sales tax levied pursuant to this subsection (2) shall be collected, administered, and enforced as specified in part 2 of article 2 of title 29. The department of revenue shall retain an amount not to exceed the net incremental cost of such administration, collection, and distribution and shall transmit such amount to the state treasurer, who shall credit the same to the general fund; except that the amount retained by the department of revenue in any given fiscal year commencing on or after July 1, 1994, shall not exceed the amount retained by the department in the 1993-94 fiscal year, as adjusted in accordance with changes in the consumer price index for the Denver-Boulder consolidated metropolitan statistical area. The cost of such administration, collection, and distribution shall be the audited net incremental cost thereof reduced by the amount of interest earned on such sales tax collections prior to distribution to the district.
(3) to (8) Repealed.
Source: L. 69: p. 718, � 1. C.R.S. 1963: � 89-20-18. L. 71: p. 978, � 2. L. 73: p. 991, � 2. L. 79: (1)(n) amended, p. 1626, � 42, effective June 8. L. 80: (1.9) added and (2) R&RE, p. 680, �� 3, 4, effective May 1. L. 82: (1.9), (2)(b)(II)(B), (2)(b)(VI), and (2)(b)(VII) repealed, (2)(a), (2)(b)(I), (2)(b)(II), and (2)(b)(III) amended, and (2)(b)(V) R&RE, pp. 502, 498, 500, �� 8, 1, 2, 3, effective April 15; (2)(b)(II)(B) RC&RE, p. 643, � 3, effective June 1. L. 83: (2)(a) amended, p. 1209, � 2, effective May 1; (1)(b), (2)(b)(I), (2)(b)(II)(B), and (2)(b)(III)(A) amended, p. 1282, � 3, effective June 3. L. 87: (2)(b)(III)(A) amended and (3) to (8) added, pp. 1252, 1249, �� 5, 4, effective May 22; (2)(c)(II) amended, p. 1240, � 1, effective January 1, 1988. L. 88: (1)(l) and (1)(t) amended and (1)(l.5) added, p. 1156, � 3, effective May 3. L. 89: (1)(o) amended, p. 1120, � 41, effective July 1. L. 91: (8) amended, p. 1919, � 45, effective June 1; (2)(b)(V) repealed, p. 883, � 1, effective June 5. L. 92: (2)(a), (2)(b)(III), and (2)(b)(IV) amended, p. 910, � 163, effective January 1, 1993. L. 94: (2)(c)(II) amended, p. 318, � 4, effective March 29; (2)(b) and (3) to (8) repealed, p. 1327, � 9, effective May 25. L. 97: (2)(b.5) added, p. 805, � 2, effective May 20; (1)(t) amended, p. 932, � 2, effective August 6. L. 99: (2)(a) amended, p. 982, � 5, effective May 28; (2)(a) amended, p. 1357, � 6, effective January 1, 2000; (2)(c)(I.5) added, p. 14, � 7, effective January 1, 2000. L. 2000: (1)(m) amended, p. 307, � 2, effective April 5. L. 2002: IP(2)(a) amended, p. 714, � 4, effective August 7; IP(2)(a) amended, p. 734, � 4, effective August 7. L. 2004: (2)(a) amended, p. 1039, � 6, effective July 1. L. 2009: IP(2)(a) amended, (SB 09-108), ch. 5, p. 49, � 4, effective March 2; (2)(a)(III) added, (HB 09-1342), ch. 354, p. 1847, � 6, effective July 1. L. 2013: (2)(a) amended, (HB 13-1272), ch. 337, p. 1964, � 2, effective January 1, 2014. L. 2022: (2)(c)(I.5)(B) amended, (HB 22-1312), ch. 202, p. 1359, � 3, effective August 10. L. 2023: (1)(t) amended, (HB 23-1301), ch. 303, p. 1841, � 79, effective August 7. L. 2024: (1)(w.5) added, (SB 24-184), ch. 186, p. 1050, � 5, effective May 16; (2)(c) amended, (SB 24-025), ch. 144, p. 572, � 26, effective July 1, 2025. L. 2025: IP(1) and (1)(y) amended and (1)(z) added, (SB 25-161), ch. 186, p. 811, � 2, effective May 13.
Editor's note: (1) Subsection (2)(b.5)(II)(B) provided for the repeal of subsection (2)(b.5), effective November 4, 1997, when the registered electors of the district voted negatively on the ballot question set forth in � 32-9-119.3 (2)(b).
(2) Amendments to subsection (2)(a) by House Bill 99-1015 and House Bill 99-1271 were harmonized.
Cross references: (1) For the legislative declaration in the 2013 act amending subsection (2)(a), see section 1 of chapter 337, Session Laws of Colorado 2013.
(2) For the legislative declaration in SB 24-184, see section 1 of chapter 186, Session Laws of Colorado 2024.
32-9-119.1. Transportation expansion plan - utility relocation - legislative declaration - definitions. (1) The general assembly hereby finds and declares that:
(a) The district has been authorized to construct a transportation expansion plan adopted by the board and approved by the voters on November 2, 2004. The transportation expansion plan anticipates that construction will be completed on all fixed guideway corridors in a twelve-year period.
(b) The scheduling and timely performance of the transportation expansion plan partially depends on coordination with utility companies for the prompt performance of utility relocation work necessitated by construction of the transportation expansion plan.
(c) Increased coordination between the district and utility companies is in the public interest, and prompt performance of utility relocation work within the adopted plan schedule will reduce delays and costs of construction. Utility relocation work shall be undertaken in a manner that minimizes the relocation cost and the disruption of utility services.
(2) (a) The district shall negotiate with any affected utility company in each fixed guideway corridor. In coordination with the district, each utility company shall determine whether a district contractor or the utility company shall be responsible for the relocation of its utility facilities. In making such a determination, the utility company shall take into consideration the location of the utility facilities, complexity of the relocation, and timing of the need for relocation work.
(b) The district and the utility company shall make such arrangements for funding utility relocations as are specified in the easements, licenses, franchises, or other property interests and rights of use held by the district or the utility company. Nothing in this section is intended to alter existing property agreements, licenses, or other interests of the district and utility company regarding the obligation to pay for utility relocation.
(3) (a) The district may enter into fixed guideway corridor utility relocation agreements with a utility company. Such agreements shall be for the performance of all services required to assure timely relocation of utilities according to the most current written standards and practices established by the utility company at the time the agreement is entered into, unless other standards are mutually selected by the district and the utility company.
(b) A fixed guideway corridor utility relocation agreement shall include a schedule for design, review, dispute resolution, and construction.
(c) (I) A fixed guideway corridor utility relocation agreement may provide for a utility company betterment, including, but not limited to, increased capacity and extensions of services; except that a betterment shall not materially delay project construction and shall be at the expense of the utility company.
(II) As used in this section, betterment means any upgrade of the utility facility being relocated that is not attributable to project construction and is made solely for the benefit of and at the election of the utility.
(d) A fixed guideway corridor utility relocation agreement may incorporate reasonable and appropriate conditions, including, but not limited to, conditions for ensuring:
(I) The prompt performance of utility relocation work by either the district, utility company, or contractor for the transportation expansion plan, as specified in the agreement;
(II) The cooperation of the utility company with the contractor for the transportation expansion plan; and
(III) The payment by the utility company of any damages caused by the company's delay in the performance of the relocation work or interference with the performance of the project by any other contractor, except when such delay or interference is caused by a force majeure.
(4) All design and construction of utility relocation shall be subject to review and approval by district and utility company engineers.
(5) (a) If the district and utility company are unable to reach a fixed guideway corridor utility relocation agreement, or if utility relocation disputes arise under an agreement, the district and utility company shall each designate an official, at no level lower than district corridor project manager and utility company chief engineer, to resolve the differences.
(b) If the differences cannot be resolved pursuant to paragraph (a) of this subsection (5), utility relocation disputes shall be heard in the following district courts for each of the following corridors and projects:
(I) For union station, Denver county district court;
(II) For the U.S. 36 corridor, Boulder county district court;
(III) For the west corridor, Jefferson county district court;
(IV) For the gold line corridor, Jefferson county district court;
(V) For the east corridor, Denver county district court;
(VI) For the I-225 corridor, Arapahoe county district court;
(VII) For the southwest corridor, Arapahoe county district court; and
(VIII) For the north corridor, Adams county district court.
(c) It shall be presumed that there will be irreparable harm to the public if an injunction is not granted to require utility relocation, regardless of a later determination as to which party is responsible for the cost of relocation.
(6) (a) The district shall provide a utility company with detailed maps, drawings, plans, and profiles of the district's proposed improvements in each fixed guideway corridor in the transportation expansion plan at:
(I) The conclusion of preliminary engineering;
(II) Sixty percent completion of final design;
(III) The conclusion of final design; and
(IV) Such other times as may be requested by the utility company.
(b) The district shall solicit information as to the location of utility facilities within the fixed guideway corridor from the utility company.
(c) For all utilities identified on any documents provided to or in the possession of the district, the district shall provide written notice to a utility company as soon as practicable of a transportation expansion plan that will require the relocation of the company's facilities.
(d) (I) Where documents have been in the possession of the district during final design of a fixed guideway corridor, the district shall provide notice to a utility company of a transportation expansion plan that will require the relocation of the company's facilities not later than one year before relocation is required for each relocation on each fixed guideway corridor.
(II) Notwithstanding subparagraph (I) of this paragraph (d), if major electrical facilities must be relocated, the district shall provide notice to a utility company at least eighteen months in advance of the required relocation date or the district shall pay the cost of any temporary relocation measures required to maintain service to utility customers. If temporary relocation measures are necessary, such measures shall be provided at the lowest possible cost during construction and relocation.
(III) For any discovery of utilities during construction that are not identified on documents provided to or in possession of the district, the district and the utility company shall confer within forty-eight hours of discovery to determine appropriate relocation procedures.
(IV) The district and utility company shall, within ten days of discovery, enter into an agreement as to the manner in which any necessary relocation will be accomplished and the party that shall perform the work.
(V) If an agreement is reached and if the utility company performs under the agreement, the utility company shall not be liable for delay damages as provided in subsection (8) of this section.
(7) (a) For purposes of ensuring continuation of required utility services to the residents of the district during and after construction of the fixed guideway corridors, the district may provide, and condemn when necessary, replacement easements for the relocation of utilities. If such replacement easements are necessary, the district shall endeavor to meet any existing standards of the utility for easements. Any necessary condemnation shall be considered a transportation project undertaken by the district. The cost of replacement easements shall be paid:
(I) By the district in those instances where the district has acquired, at no extra cost, an easement previously owned and occupied by the utility; or
(II) By the utility if the district has compensated the utility for a previously occupied easement from which the utility is being relocated.
(b) Notwithstanding any local law to the contrary, aboveground utility facilities shall be relocated aboveground and underground utility facilities shall be relocated underground. To minimize the cost of the reconfiguration of the utility facility, the replacement easement shall be acquired as close as possible to the original location of the facility that must be relocated.
(8) (a) Where the utility company has elected to perform relocation work or where there has been no agreement reached between a utility company and the district, the utility company shall be liable to the district for actual damages suffered by the district as a direct result of the utility company's delay in the performance of any utility relocation work or as a direct result of the utility company's interference with the performance of fixed guideway corridor construction by other contractors.
(b) Notwithstanding paragraph (a) of this subsection (8), a utility company shall not be liable for damages caused by the failure to timely perform the relocation work or the interference with the performance of the transportation expansion plan by another contractor when the failure to perform or the interference is caused by a force majeure.
Source: L. 2007: Entire section added, p. 718, � 2, effective May 3.