S.B. 05-12 Special district provisions - compensation of board. Increases the maximum compensation that may be paid to members of the board of directors of a special district from $950 to $1,600 per annum.
APPROVED by Governor April 27, 2005
EFFECTIVE July 1, 2005
S.B. 05-45 Water districts - powers - reservoirs - park and recreation services. Allows a water district, water and sanitation district, or a water conservancy district to provide park and recreation improvements and services in connection with a reservoir owned by the district and adjacent lands if no other entity is currently providing such improvements and services. Prohibits other entities from providing such services and improvements without the consent of the district's board once the board adopts a resolution to provide the services and improvements. Specifies the district's powers with regard to the services and improvements, and states that the provision of the services and improvements is not a material modification of the district's service plan.
APPROVED by Governor April 5, 2005
EFFECTIVE April 5, 2005
S.B. 05-61 Regional transportation district - competition to provide vehicular service. Reduces the minimum percentage from 50 to 35 of vehicular service that the regional transportation district shall have provided by qualified private businesses pursuant to competitively negotiated contracts.
VETOED by Governor May 4, 2005
S.B. 05-182 Eminent domain actions - transportation projects undertaken by the regional transportation district - computation of damages. In connection with existing statutory provisions governing the formula for computing damages in eminent domain proceedings, expands the types of public acquisitions for which special benefits may be awarded to include acquisitions for transportation projects undertaken by the regional transportation district instead of exclusively highway acquisition as is provided under current law.
BECAME LAW April 19, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 05-1048 Special district - property tax reduction agreements. Permits a special district to negotiate for an incentive payment or credit with a taxpayer who, within the special district, establishes a new business facility or expands an existing facility. Establishes criteria for eligible facilities. Limits the amount of the payment or credit and establishes a maximum term of 10 years. Requires a special district that negotiates an agreement to give a taxpayer an incentive payment or credit to inform any municipality, county, and school district in the same area of such negotiations. Permits a special district that is within an enterprise zone to negotiate with a qualified taxpayer who establishes a new business facility or expands an existing facility within the enterprise zone for an incentive payment or credit. Limits the amount of the payment or credit. Prohibits a special district from entering into an agreement to give a taxpayer an incentive payment or credit unless, prior to or simultaneous with the execution of the agreement, the taxpayer also enters into a similar agreement with a municipality or county.
APPROVED by Governor April 5, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 05-1207 Regional transportation district - transit expansion plan - utility relocation. Requires the regional transportation district (district) to negotiate with any affected utility companies to determine which party shall be responsible for any utility relocation projects necessitated by a transportation expansion plan adopted by the board of directors of the district and approved by the voters on November 2, 2004. Requires funding for utility relocation to be arranged as specified in the easements, licenses, franchises, or other property interests and rights of use held by the district or utility company.
Allows a local exchange provider of basic local exchange service to recover the actual costs incurred by the provider for the utility relocation requested by the district by means of a surcharge imposed on the access lines of all customers that reside in the district.
Allows the district to enter into a fixed guideway corridor utility relocation agreement (agreement) with public and private utility companies for timely relocation of utilities. Requires the agreement to include a schedule for design, review, dispute resolution, and construction. Allows the agreement to provide for utility company expansions and incorporate reasonable and appropriate conditions.
Allows the district to advance funds to utility companies for the utility relocation plan, subject to repayment by the utility company with interest, unless the district is obligated to pay for the utility relocation.
Subjects all design and construction of utility relocation to review and approval by district and utility company engineers.
Establishes a dispute resolution process if the district and utility company cannot reach an agreement, and, if the dispute cannot be resolved, specifies venues for district court litigation. Specifies a presumption that irreparable harm to the public will occur if an injunction is not granted to require the utility relocation during litigation.
Requires the district to provide utility companies with detailed maps, drawings, plans, and profiles of the district's proposed improvements at specific times. Requires the district to solicit information from utility companies as to the location of utility facilities within the fixed guideway corridor.
Establishes notice requirements for utility relocation of known utility facilities identified on documents and for discovery of utility facilities during construction. Establishes a time frame for the negotiation of an agreement if utilities are discovered during construction that were not included in existing plans.
Confers on the district the power to provide and condemn replacement easements for relocation of utilities as a transportation project undertaken by the district. Specifies that aboveground utility facilities shall, at the utility company's discretion, be relocated aboveground and underground utility facilities shall be relocated underground. Specifies that the relocation easements shall be acquired as close as possible to the original location to minimize the cost of utility facility reconfiguration.
Subjects the utility company to liability for actual damages if the utility company causes a delay in the performance of utility relocation work or interference with the performance of construction by other contractors. States that the utility company is not liable for damages if the delay or interference is caused by force majeure.
VETOED by Governor May 25, 2005
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