Authorizes CDOT to adopt rules to further define and implement the processes and procedures for the performance of utility relocation work necessitated by a design-build transportation project.
Authorizes CDOT, when it has entered into a project specific utility relocation agreement with a utility company for the performance of utility relocation work, to:
Declares that CDOT should work with the utility company to come to a mutually satisfactory agreement to allow the design-build transportation project to proceed without causing interruption of utility services. Absent this agreement, authorizes the utility company to address its concerns to and seek agreement with CDOT's district engineer and, ultimately, the executive director of CDOT, if necessary. If no agreement is reached with the executive director, requires the executive director to prepare a written report setting forth the reasons for the dispute and to provide the report to the utility company within 3 business days.
Describes CDOT's rights and remedies relative to utility companies that do not enter into a project specific utility relocation agreement with CDOT.
Requires CDOT to notify a utility company in writing of a design-build transportation project that will require the relocation of the utility company's facilities and to include in the notice the performance schedule for the transportation project within which the relocation must be completed.
Requires CDOT to provide a utility company whose facilities must be relocated due to a design-build transportation project with a replacement easement when feasible and to condemn the replacement easement when necessary. Specifies CDOT obligations when no replacement easement is provided. Requires the utility company to quitclaim to the department any portion of the easement that is replaced or extinguished.
Declares that the provisions relative to utility relocation projects and delays in performance of such projects shall not affect any authority, right, responsibility, or obligation regarding eminent domain proceedings and laws and jurisprudence governing those proceedings.
Requires a utility company that performs the utility relocation work to complete the relocation work within the time specified in a project specific utility relocation agreement or in the performance schedule for the design-build transportation project. Prohibits a utility company from interfering with the performance of the project by another contractor. Absolves a utility company of any liability for damages caused by delayed performance of the relocation work or interference with the performance of another contractor under specified circumstances.
APPROVED by Governor June 1, 2000
EFFECTIVE June 1, 2000
S.B. 00-225 Public highway authorities - eminent domain reimbursement to property owners. Specifies that, to the extent applicable, in addition to any compensation awarded the owner in an eminent domain proceeding and any benefits that may be due the owner under current law pertaining to relocation assistance and land acquisition policies, a public highway authority shall additionally reimburse the owner whose property is being acquired or condemned by the authority an amount representing the reasonable costs of relocating the individuals, families, and business concerns that will be displaced by the authority, including moving expenses and actual direct losses of property resulting from the displacement. In the case of an owner that is a business concern, this amount shall also cover reestablishment expenses and lost profits reasonably related to relocation of the business resulting from the displacement for which reimbursement or compensation is not otherwise made.
Requires that, in connection with proceedings for the authority's acquisition or condemnation of property in which the final value of the property as determined by the court exceeds $10,000, the court shall award the owner all of the owner's reasonable attorney fees and the reasonable costs of the litigation incurred by the owner where the award by the court in the proceedings exceeds by 130% or more the last written offer given to the property owner prior to the filing of the condemnation action. Specifies that the reasonable costs of litigation shall include but not be limited to those statutory items includable as costs.
APPROVED by Governor June 1, 2000
EFFECTIVE June 1, 2000
H.B. 00-1057 Public highway authorities - three-lane highways - at-grade intersections - prohibition and exemptions. Moves the 3-lane highway at-grade intersection prohibition from the definitions section of the "Public Highway Authority Law" to the section describing the powers of a public highway authority. Allows for an exception to such prohibition when an authority is constructing a public highway to use or connect to an existing at-grade infrastructure, gains approval from the local government that owns the existing at-grade infrastructure to which the authority seeks to connect its 3-lane highway, and executes an intergovernmental agreement. Requires the Colorado Department of Transportation to give approval for such an at-grade intersection to an authority when the authority has executed such agreement with the department.
APPROVED by Governor April 28, 2000
EFFECTIVE August 2, 2000
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
H.B. 00-1069 Aeronautics division - remote weather systems - appropriation. Directs the aeronautics division within the department of transportation to deploy up to 12 remote weather systems in the following areas: Cameron pass; Corona pass; Cottonwood pass; Glenwood Springs; Kremmling; La Veta pass; Monarch pass; Monument hill; Red hill; Saguache; Wilkerson pass; and Wolf Creek pass.
Authorizes the division to determine the specific location, manner, order, and timing of the deployment of such remote weather systems and to deploy such systems based upon such determinations.
Appropriates $700,000 to the department of transportation, for allocation to the division of aeronautics for the purposes of the act.
APPROVED by Governor May 22, 2000
EFFECTIVE May 22, 2000
NOTE: In section 2 of this act, the provision being amended was erroneously shown as "(1)(m)". The provision
actually being amended is "(2)(m)".
H.B. 00-1164 Transportation program funding - allocation of moneys by transportation commission in lieu of appropriations. Requires the transportation commission, rather than the general assembly, to fund the office of transportation safety. Requires moneys in the law enforcement assistance fund that are currently appropriated to the office of transportation safety by the general assembly to be deposited in a newly created drunken driving account and allocated to the office by the transportation commission. Requires moneys in the motorcycle operator safety training fund that are currently appropriated to the office of transportation safety by the general assembly to be allocated to the office by the transportation commission.
Requires the transportation commission, rather than the general assembly, to budget and allocate moneys to be used for transportation services for the elderly and for persons with disabilities.
APPROVED by Governor March 31, 2000
EFFECTIVE July 1, 2000
H.B. 00-1437 Rural transportation authorities - amendment of establishing contracts - visitor benefit tax - maximum rate of sales tax. Clarifies that a contract that establishes a rural transportation authority may be amended in accordance with any amendment procedures specified in the contract.
Subject to voter approval, allows a rural transportation authority to levy a visitor benefit tax on persons who purchase overnight rooms or accommodations within all or any designated portion of the territory of the municipalities and counties that are members of the authority. Specifies that the maximum aggregate amount of the visitor benefit tax and any other lodging tax imposed on overnight rooms and accommodations cannot exceed 2% of the price of the rooms or accommodations. Requires an authority to obtain the permission of a member municipality or county before levying the tax within any portion of the territory of the municipality or county that is not within the boundaries of the authority. Specifies that an authority may derive no more than of its total revenues from the visitor benefit tax. Requires an authority that levies a visitor benefit tax to give due consideration to the transportation needs of persons who pay the visitor benefit tax when constructing, operating, and maintaining rural transportation systems and ensure that those persons have easy access to the rural transportation systems. Establishes procedures for the administration, collection, and distribution of the tax.
Subject to voter approval, allows a rural transportation authority to levy a sales or use tax, or both, at different rates in different designated portions of the municipalities and counties that are members of the authority. Increases the maximum rate at which an authority may levy such a tax from 0.4% to 1%.
Eliminates the boundary contiguity requirement for property to be added to the territory of a rural transportation authority.
Specifies that for the purpose of determining any rural transportation authority's constitutional fiscal year spending limit, the initial spending base of the authority shall be the amount of revenues collected by the authority from sources not excluded from the fiscal year spending during the first full fiscal year for which the authority collected the revenues.
APPROVED by Governor May 26, 2000
EFFECTIVE August 2, 2000
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
H.B. 00-1490 Department of transportation - strategic transportation investment project - modification of revenue allocation requirement. Requires that at least 90% of the revenues attributable to the state sales or use tax on vehicles and related items for allocation by the department of transportation for the implementation of the strategic transportation project investment program shall be expended for highway purposes or highway-related capital improvements, including, without limitation, high occupancy vehicle lanes, park-and-ride facilities, and transportation management systems. Deletes existing statutory requirement that at least 80% of vehicle sales and use tax revenues be expended on base corridors.
APPROVED by Governor June 1, 2000
EFFECTIVE June 1, 2000
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