As used in this article 3, unless the context otherwise
requires:
(1) Bonds or revenue bonds means bonds, notes, or other securities
evidencing an obligation and issued under this article by a county or municipality.
(2) County means any county within this state.
(3) Finance or financing means the issuing of bonds by a county or
municipality and the use of substantially all of the proceeds therefrom pursuant to
a financing agreement with the user to pay (or to reimburse the user or its
designee) for the costs of the acquisition or construction of a project, whether
these costs are incurred by the county, the municipality, the user, or a designee of
the user. Title to or in the project may at all times remain in the user, and, in such
case, the bonds of the county or municipality may be secured by mortgage or other
lien upon the project or upon any other property of the user, or both, granted by the
owner or by a pledge of one or more notes, debentures, bonds, or other secured or
unsecured debt obligations of the user, as the governing body deems advisable, but
no county or municipality shall be authorized hereby to pledge any of its property or
to otherwise secure the payment of any bonds with its property; except that the
county or municipality may pledge the property of the project or revenues
therefrom.
(4) Financing agreement includes a lease, sublease, installment purchase
agreement, rental agreement, option to purchase, or any other agreement, or any
combination thereof, entered into in connection with the financing or refinancing of
a project pursuant to this article.
(5) Mortgage means a deed of trust or any other security device for both
real and personal property.
(6) Municipality means any city, including without limitation any city or city
and county operating under a home rule or special legislative charter, or town
within this state.
(7) Ordinance means an ordinance of a city, town, or city and county.
(8) Pollution means any form of environmental pollution, including but not
limited to water pollution, air pollution, pollution caused by solid waste disposal,
thermal pollution, radiation contamination, or noise pollution.
(9) Pollution control facilities means any land, building, or other
improvement and all real or personal property, and any undivided or other interest
in any of the foregoing, including without limitation structures, equipment, pipes,
pumps, dams, reservoirs, improvements, or other facilities useful for the purpose of
reducing, abating, preventing, controlling, or eliminating pollution caused or
produced by the operation of any manufacturing, industrial, or commercial
enterprise or any utility plant or useful for the purpose of removing or treating any
substance in processed material, which material would cause pollution if used
without such removal or treatment.
(10) Project means any land, building, or other improvement and all real or
personal properties, and any undivided or other interest in any of the foregoing,
except inventories and raw materials, whether or not in existence, suitable or used
for or in connection with any of the following:
(a) Manufacturing, industrial, commercial, agricultural, or business
enterprises (including, without limitation, enterprises engaged in storing,
warehousing, distributing, selling, or transporting any products of agriculture,
industry, commerce, manufacturing, or business), or any utility plant;
(b) Hospital, health-care, or nursing-home facilities (including, without
limitation, clinics and out-patient facilities and facilities for the training of hospital,
health-care, or nursing-home personnel);
(c) Pollution control facilities;
(d) Residential facilities for low- and middle-income families or persons
intended for use as the sole place of residence by the owners or intended
occupants. Low- and middle-income persons and families means persons and
families determined by a county or municipality (which determination shall be
conclusive) to lack the financial ability to pay prices or rentals sufficient to induce
private enterprise in such county or municipality to build a sufficient supply of
adequate, safe, and sanitary dwellings without the special assistance afforded by
this article.
(e) Sewage or solid waste disposal facilities;
(f) Facilities for the furnishing and storage of water;
(g) Facilities for the furnishing of energy or gas;
(h) Sports and recreational facilities available for use by members of the
general public either as participants or spectators and functionally related and
subordinate residential housing facilities, including residential facilities, without
regard to the limitations contained in paragraph (d) of this subsection (10), for
employees of the persons or entities owning or operating such sports and
recreational facilities and facilities located in proximity to and in connection with
sports and recreational facilities providing treatment, therapy, or recreational
opportunities for persons with mental and physical disabilities and families of such
persons;
(i) Convention or trade show facilities;
(j) Airports, facilities for the loading or unloading of unprocessed agricultural
products or raw materials, mass commuting facilities, railroad facilities, parking
facilities, or storage or training facilities directly related to any of the foregoing;
(k) Research, product-testing, and administrative facilities;
(l) Facilities for private and not-for-profit institutions of higher education;
and
(m) Capital improvements to existing single-family residential, multi-family
residential, commercial, or industrial structures, to retrofit such structures for
significant energy savings or installation of solar or other alternative electrical
energy-producing improvements to serve that structure or other structures on
contiguous property under common ownership or installation of a system that uses
geothermal energy for water heating or space heating or cooling in a single
structure.
(10.5) Refinance or refinancing means the issuing of bonds by a county or
municipality and the use of all or substantially all of the proceeds therefrom
pursuant to a financing agreement with the user to liquidate any obligations
previously incurred to finance or aid in financing of a project specified in
paragraphs (b) to (l) of subsection (10) of this section which would constitute such a
project had it been originally undertaken and financed by a county or municipality
pursuant to this article. Title to or in the project may remain at all times in the user,
and in such case, the bonds of the county or municipality may be secured by
mortgage or other lien upon the project granted by the owner or by a pledge of one
or more notes, debentures, bonds, or other secured or unsecured debt obligations
of the user, as the governing body deems advisable.
(11) Resolution means a resolution of a county.
(12) State means the state of Colorado.
(13) User means one or more persons who enter into a financing agreement
with any county or municipality relating to a project; except that the user need not
be the person actually occupying, operating, or maintaining the project.
(14) Utility plant means any facility used for or in connection with the
generation, production, transmission, or distribution of electricity; the production,
manufacture, storage, or distribution of gas; the transportation or conveyance of
gas, oil, or other fluid substance by pipeline; or the diverting, developing, pumping,
impounding, distributing, or furnishing of water.