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Colorado Statutes, Title 32

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Title 32, Special Districts

0 chapters · 784 sections in this title.

All chapters in Title 32784 Ch 11209 Ch 1143 Ch 977 Ch 463 Ch 746 Ch 1536 Ch 11.535 Ch 1433 Ch 1229 Ch 2217 Ch 1316 Ch 1915 Ch 1714 Ch 2114

29 sections·Filtered byTitle 32✕Ch 12✕

Colo. Rev. Stat. § 32-12-101 Short title
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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.
Colo. Rev. Stat. § 32-12-102 Legislative declaration
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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 part…
Colo. Rev. Stat. § 32-12-103 Definitions
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As used in this article 12, unless the context otherwise requires: (1) "Board" means the board of directors of a rail district. (2) "Chairman" means the chairman of the board. (3) "County" means a home rule or statutory county and includes a city and county. (3.5) "Eligible elect…
Colo. Rev. Stat. § 32-12-104 Territorial requirements for rail districts
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(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 crea…

Colo. Rev. Stat. § 32-12-105 Petition for formation

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(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…

Colo. Rev. Stat. § 32-12-106 Court appoints organizational commission and election committee

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(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 …

Colo. Rev. Stat. § 32-12-107 Rail district organizational commission

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(1) 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 amon…

Colo. Rev. Stat. § 32-12-108 Election for formation - acquisitions - services - mill levy limit - board

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(1) (a) 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 pu…

Colo. Rev. Stat. § 32-12-109 Board of directors

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(1) 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 …

Colo. Rev. Stat. § 32-12-110 General powers

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(1) The rail district shall be a body corporate and a political subdivision of the state, and the board has the following general powers: (a) To have and use a corporate seal; (b) To sue and be sued and be a party to suits, actions, and proceedings. The provisions of the "Colorad…

Colo. Rev. Stat. § 32-12-111 Powers to be exercised without franchise - condition

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(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)…

Colo. Rev. Stat. § 32-12-112 Limitations

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(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 …

Colo. Rev. Stat. § 32-12-113 Revenues of rail district - collection

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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, …

Colo. Rev. Stat. § 32-12-114 Levy and collection of taxes

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(1) 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 mi…

Colo. Rev. Stat. § 32-12-115 Power to issue revenue bonds - terms

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(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…

Colo. Rev. Stat. § 32-12-116 Power to incur indebtedness - interest - maturity - denominations

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(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 maxi…

Colo. Rev. Stat. § 32-12-117 Debt question submitted to eligible electors - resolution

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(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 ou…

Colo. Rev. Stat. § 32-12-118 Effect - subsequent elections

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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…

Colo. Rev. Stat. § 32-12-119 Correction of faulty notices

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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 abate…

Colo. Rev. Stat. § 32-12-120 Refunding bonds

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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.

Colo. Rev. Stat. § 32-12-121 Anticipation warrants

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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…

Colo. Rev. Stat. § 32-12-122 Inclusion of additional territory in existing rail district - procedures

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(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 …

Colo. Rev. Stat. § 32-12-123 Grant of operating privileges and use of railroad and facilities

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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…

Colo. Rev. Stat. § 32-12-124 Arrangements for operating and providing railroad service

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(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) Conferr…

Colo. Rev. Stat. § 32-12-125 Public purpose and necessity for acquisitions

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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 al…

Colo. Rev. Stat. § 32-12-126 Disposition of property of rail district

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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. Source: L. 82: Entire article add…

Colo. Rev. Stat. § 32-12-127 Dissolution

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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 le…

Colo. Rev. Stat. § 32-12-128 Early hearings

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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. Source: L. 82: Entire article added, p. 517, § 1, effective April 23.

Colo. Rev. Stat. § 32-12-129 Elections

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(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 t…