An action or proceeding at law or in equity to review any acts or proceedings or to question the validity or enjoin the performance of any act or proceedings or the issuance of any bonds or for any other relief against or from any acts or proceedings done under this part 6, whether based upon irregularities or jurisdictional defects, shall not be maintained unless commenced within thirty days after the performance of the act or proceedings or the effective date thereof, whichever occurs first, and is thereafter perpetually barred.
Source: L. 97: Entire part added, p. 497, � 1, effective August 6.
43-4-620. Judicial examination of powers, acts, proceedings, or contracts of an authority. In its discretion, the board of an authority may file a petition at any time in the district court in and for any county in which the authority is located wholly or in part praying for a judicial examination and determination of any power conferred to the authority, any revenue-raising power exercised or that may be exercised by the authority, or any act, proceeding, or contract of the authority, whether or not the contract has been executed. The judicial examination and determination shall be conducted in substantially the manner set forth in section 32-4-540, C.R.S.; except that the notice required shall be published once a week for three consecutive weeks and the hearing shall be held not less than thirty days or more than forty days after the filing of the petition.
Source: L. 97: Entire part added, p. 498, � 1, effective August 6.
43-4-621. Calculation of fiscal year spending limit - first full fiscal year's spending as base. (1) For the purpose of determining any authority's fiscal year spending limit under section 20 (7)(b) of article X of the state constitution, the initial spending base of the authority shall be the amount of revenues collected by the authority from sources not excluded from fiscal year spending pursuant to section 20 (2)(e) of article X of the state constitution during the first full fiscal year for which the authority collected revenues.
(2) For purposes of this section, fiscal year means any year-long period used by an authority for fiscal accounting purposes.
Source: L. 2000: Entire section added, p. 1177, � 4, effective August 2.
43-4-622. Exercise of authority powers by transportation planning organization. (1) By adopting a resolution, the board of a transportation planning organization may authorize itself to exercise some or all of the powers of an authority set forth in this part 6 within the region or any portion of the region of the transportation planning organization.
(2) The exercise of the powers of an authority by a transportation planning organization is subject to all requirements and limitations set forth in this part 6 or any other law including, but not limited to:
(a) The notice requirements set forth in sections 43-4-603 (1), 43-4-613, and 43-4-614 (1);
(b) The intergovernmental agreement and services elimination requirements set forth in section 43-4-603 (1.5);
(c) The public hearing requirements set forth in section 43-4-603 (3);
(d) The limitations on the board delegating certain powers set forth in section 43-4-604 (1);
(e) All requirements set forth in this part 6 that require the consent of a county or municipality that is not a member of the transportation planning organization to operations, taxation, or other activities within its territory;
(f) All board super-majority voting requirements set forth in this part 6; and
(g) The voter approval requirements set forth in section 43-4-612.
(3) Before commencing construction of a regional transportation system, a transportation planning organization exercising the powers of an authority shall comply with the procedures and guidelines adopted by the transportation commission pursuant to section 43-1-128 (3) and analyze and document to the department of transportation the system's anticipated impacts on the achievement of the state greenhouse gas pollution goals set forth in section 25-7-102 (2)(g) and on compliance with applicable standards under the attainment program created and developed pursuant to part 3 of article 7 of title 25. Upon the request of a rural transportation planning organization, the department of transportation shall provide technical assistance to facilitate the completion of the analysis.
(4) Notwithstanding any provision of this part 6 to the contrary, a transportation planning organization may not exercise any of the powers of an authority within the boundaries of an existing authority without the prior approval of the board of the existing authority by adoption of a resolution by the affirmative vote of two-thirds of the directors of the board. The board of the existing authority shall file any such resolution adopted with the director of the division. The director of the division shall not issue the certificate required by section 43-4-603 (1) to a transportation planning organization, if the transportation planning organization is attempting to exercise the powers of an authority within the boundaries of an existing authority without the existing authority's duly adopted and filed resolution of approval.
Source: L. 2021: Entire section added, (SB 21-260), ch. 250, p. 1437, � 43, effective June 17.
Cross references: For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.