§ 23-41-104 — Control - management

Colorado § 23-41-104

• Jurisdiction: Colorado
• Title 23: Postsecondary Education
• Art.: School of Mines

Text

(1) The board of trustees has the control
and management of the Colorado school of mines and of the property belonging
thereto, subject to the laws of this state, and may make all needful bylaws and
regulations for the government of said board and for the management and
government of the Colorado school of mines not inconsistent with the laws of this
state.

(2) The board of trustees may lease, for terms not exceeding ninety-nine
years, real or personal property, or both, to state or federal governmental agencies,
persons, or entities, public or private, for the construction, use, operation,
maintenance, and improvement of research and development facilities, health and
recreation facilities, dormitories, and living, dining, and group housing buildings and
facilities or for any of such purposes and to buy land and construct buildings and
facilities therefor. Neither the grounds so leased nor any of the improvements
constructed on the grounds shall be used in any manner that discriminates against
anyone because of race, creed, color, religion, national origin, ancestry, sex, sexual
orientation, gender identity, or gender expression. The board of trustees may
borrow money in conjunction with the construction and leases and assist in
effecting any of those purposes. Any actions taken prior to May 27, 1965, by the
board of trustees consistent with any power granted in this subsection (2) are
ratified and validated.

(3) The board of trustees has the power to borrow funds, to issue securities
and refunding securities, and to pledge income, fees, and revenues, as provided in
sections 23-5-102 and 23-5-103. In addition to the purposes therein set forth, it may
issue bonds, warrants, or certificates of indebtedness thereunder for constructing,
purchasing, or otherwise acquiring, extending, and equipping research and
development facilities and land for such purposes to be owned by the Colorado
school of mines for the benefit of the Colorado school of mines or for the use of its
students and employees. Research and development facilities and land acquired
may also be used in part by such state or federal governmental agencies, persons,
or entities, public or private, as may contract or enter into leases with the Colorado
school of mines. Net income derived or anticipated to be derived from such facilities
and land may be pledged, alone or with other sources, as authorized by section 23-5-103, to the payment of any securities or refunding securities issued pursuant to
sections 23-5-102 and 23-5-103.

(4) The board of trustees has the power to lease portions of the college
grounds to private persons and corporations for the construction of research and
development facilities, health and recreation facilities, dormitories, and living,
dining, or group housing buildings and facilities and to rent, lease, maintain,
operate, and purchase such buildings and facilities. In exercising the powers
conferred on it by this subsection (4), the board of trustees is authorized to enter
into agreements which establish fixed rental rates for the full term of any lease, to
let individual rooms and quarters within leased buildings and facilities at such
rental rates as are approved by the board and prescribed in the lease, and to enter
into agreements not to alter such rates during the term of any lease agreement
without the prior consent of the lessor or his assigns.

(5) Nothing in subsections (2), (3), and (4) of this section shall constitute any
authority to enter into any contract which in any way creates any debt or obligation
upon the state on account of the construction of such buildings, improvements, or
facilities.

(6) The provisions of this section shall not affect the tax liability on property
leased as authorized by this section or leasehold interest resulting therefrom of
individuals or corporations which do not qualify for tax exemption pursuant to the
provisions of sections 39-3-106 to 39-3-113.5 or 39-3-116, C.R.S.

(7) Repealed.

Legislative History

Source: G.L. � 2431. G.S. � 3101. R.S. 08: � 6018. C.L. � 8037. CSA: C. 145, � 4. CRS 53: � 124-9-4. C.R.S. 1963: � 124-9-4. L. 65: � p. 1035, � 1. L. 89: (6) amended, p. 1482, � 2, effective April 23; (6) amended, p. 1492, � 7, effective June 7. L. 99: (7) repealed, p. 195, � 1, effective March 31. L. 2008: (2) amended, p. 1602, � 28, effective May 29. L. 2013: (6) amended, (HB 13-1300), ch. 316, p. 1680, � 45, effective August 7. L. 2021: (2) amended, (HB 21-1108), ch. 156, p. 894, � 29, effective September 7. L. 2023: (2) amended, (SB 23-283), ch. 240, p. 1292, � 3, effective May 22.