Government - Special Districts - Digest of Bills

Digest of Bills - 1998

GOVERNMENT - SPECIAL DISTRICTS

S.B. 98-16 Football stadium district - board - authority to waive construction performance bonds. Repeals the express authority of the board of directors of the metropolitan football stadium district to waive any requirement that contractors who provide materials and labor for the construction or renovation of a stadium must provide performance bonds prior to commencing construction.

APPROVED by Governor April 3, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

S.B. 98-53 Sanitation, water and sanitation, and metropolitan districts - solid waste - collection and transportation. Authorizes any sanitation district, water and sanitation district, or metropolitan district with a resident elector population of 2,500 or less that is located in whole or in part within a county with a population of 25,000 or less to provide collection and transportation of solid waste for and on behalf of the district. Requires the district board to publish notice and award contracts for such services according to county public bidding procedures. Prohibits the district board from awarding a contract for waste services that exceeds 3 years. Authorizes all sanitation districts, water and sanitation districts, and metropolitan districts to provide solid waste disposal facilities. Adds the board of a metropolitan district and sanitation district to the definition of "person" for the purpose of solid waste disposal regulation.

APPROVED by Governor June 1, 1998
EFFECTIVE June 1, 1998

S.B. 98-120 Regional transportation district - authorization for inclusion of portion of Weld county - appropriation. Authorizes the inclusion of a defined area of Weld county in the regional transportation district upon approval by a majority of the eligible electors of the area to be included. Sets forth conditions for holding such an election.

Within 45 days after a vote of the eligible electors to include the area in the district, requires the board of directors of the district to vote to include the area within one or more existing adjacent director districts based, to the extent practical, on population. Requires the board to approve such inclusion by a 2/3rds majority vote.

Appropriates $88,000 from cash funds to be received by the department of revenue from the regional transportation district for the implementation of the act.

APPROVED by Governor June 1, 1998
EFFECTIVE June 1, 1998

S.B. 98-171 Football stadium district - boundaries - agreement with franchise - election date - bond anticipation notes - admissions tax - concession contracts - sales tax revenue cap - cap on special obligation bonds - limitation of actions. Expands the boundaries of the Metropolitan Football Stadium District to include a portion of the city of Lone Tree that is zoned for commercial use and an area that includes Park Meadows Mall.

Changes the statute governing the district board of directors' authority to negotiate an agreement with a national football league franchise ("franchise") in the following respects:

Removes the requirement that the franchise provide the greater of the cost of renovation or construction that exceeds the cost paid by sales and use taxes or 25% of said cost;
Removes the requirement that the franchise pay for any cost overruns;
Specifies that the franchise shall be required to agree to provide 25% of all actual construction costs of the stadium, including professional fees, site acquisition costs, materials and labor costs, and cost overruns.

Eliminates the express authority of the board to negotiate and enter into an agreement with the counties in the district to provide the counties with a benefit from revenues derived from the operation of the stadium. Authorizes the board to provide the counties with a benefit from a portion of such revenues. Allows the board to extend the time period during which such benefits are provided to the counties from the time the district is collecting tax revenues to a longer period of time, if appropriate.

Requires the board to arrange and coordinate the provision of mass transit to the stadium with the regional transportation district. Allows the board to receive moneys from the state economic development fund as may be granted by the economic development commission. Limits the election at which the board may submit a ballot question to the voters to the 1998 general election.

After voter approval, authorizes the board to contract to borrow money for the purpose of issuing bond anticipation notes. Allows bond anticipation notes to be refinanced or refunded at a higher interest rate. Authorizes the board, at its discretion, to seek voter approval to levy and collect an admissions tax not to extend beyond January 1, 2012, at a rate not to exceed 10% of each price of admission. Prior to selling or leasing the name to the stadium, requires the board to assess the costs and benefits of selling or leasing the name and to consider the public sentiment and other benefits associated with retaining the name "Mile High stadium" or another name that reflects a geographical, historical, cultural, spiritual, or other quality of the state.

Eliminates the provision that no person or business be awarded a food and beverage concession contract may occupy more than 25% of the total square footage allocated for such concessions. Requires that not less than 15% of the total square footage allocated for food and beverage concessions shall be occupied either directly or through subcontracts by Colorado businesses. Allows the board to consider the feasibility of including a retractable roof over the stadium, but prohibits revenues of the district to be used for such purpose and requires future statutory authorization before any tax or other revenues of the district may be used to construct a retractable roof.

Modifies the ballot language used to submit a question to the registered electors of the district. Allows the ballot language to be modified to conform with legal requirements for ballot questions and titles. Requires the district to enter into an agreement with the franchise requiring the franchise to pay for the district's costs associated with the 1998 general election at which the stadium question is submitted to the registered electors of the district.

Limits the total amount of sales tax revenues that can be collected by the district to an amount necessary to pay up to $266 million for the principal amount of special obligation bonds, plus interest and prepayment penalties, plus an amount the net present value of which shall not exceed $75 million, plus an amount necessary to provide coverage ratios for the bonds. Increases the maximum principal amount of special obligation bonds the district may issue from $180 million to $266 million.

Provides that the district shall not be required to sell property of the district if the sale would adversely affect the federal tax exempt status of the interest on the special obligation bonds issued by the district. Requires the lease agreement between the district and the franchise to have a term of at least 20 years and to be specifically enforced against the franchise. Upon the sale of all or a portion of the franchise, requires the franchise to agree to provide a portion of the profit to be used for youth activity programs. Requires any legal action challenging specified actions of the board to be commenced within 30 days. Provides a time period for the affairs of the district to be wound up prior to the repeal of the act if the question submitted to the voters is not approved.

APPROVED by Governor April 22, 1998
EFFECTIVE April 22, 1998

H.B. 98-1116 Regional transportation district - modification of restrictions on awarding bus service contracts. Regarding the awarding of contracts to provide bus service within the regional transportation district (RTD):

Eliminates the prohibition against any one technically qualified provider receiving or renewing contracts covering more than 50% of the vehicle hours subject to RTD requests for proposals;
Eliminates the prohibition against RTD accepting a proposal that covers 50% or more of the vehicle hours contracted by RTD;
Consistent with the elimination of said 50% limitations, eliminates the exceptions to such limitations.

APPROVED by Governor March 27, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

H.B. 98-1368 Scientific and cultural facilities districts - authorization for the inclusion of all of Douglas county in the Denver metropolitan scientific and cultural facilities district - elimination of requirement of coterminous boundaries with a county. Authorizes the inclusion of all of Douglas county into the Denver metropolitan scientific and cultural facilities district upon a vote for such inclusion by a majority of the eligible electors in the area to be included. Lists conditions for holding such an election.

Eliminates the requirement that a scientific and cultural facilities district other than the Denver metropolitan scientific and cultural facilities district be coterminous with a county's boundaries. Allows such a scientific and cultural facilities district to include a portion of one county, an entire county, or portions of multiple counties. Makes conforming amendments.

APPROVED by Governor April 20, 1998
EFFECTIVE April 20, 1998