(1) The rail district shall be a body corporate and
a political subdivision of the state, and the board has the following general powers:
(a) To have and use a corporate seal;
(b) To sue and be sued and be a party to suits, actions, and proceedings. The
provisions of the Colorado Governmental Immunity Act, article 10 of title 24,
C.R.S., shall be applicable to any rail district, or employee thereof, formed under
this article.
(c) To enter into contracts and agreements affecting the affairs of the rail
district and to accept all funds resulting therefrom pursuant to the provisions and
limitations of part 2 of article 1 of title 29, C.R.S.;
(d) To contract with private persons, associations, or corporations for the
provision of any service related to the operations of the rail district within or without
its boundaries and to accept all funds and obligations resulting therefrom;
(e) To borrow money and incur indebtedness and other obligations and to
evidence the same by certificates, notes, or debentures and to issue general
obligation or revenue bonds, or any combinations thereof, in accordance with the
provisions of this article;
(f) To refund any bonded or other indebtedness or special obligations of the
rail district without an election in accordance with the provisions and limitations of
this article;
(g) To acquire, dispose of, and encumber real and personal property,
including, without limitation, rights and interests in property, including leases and
easements, necessary to accomplish the purposes of the rail district;
(h) To acquire, construct, equip, operate, rehabilitate, and maintain those rail
facilities as authorized in section 32-12-108 to accomplish the purposes of the rail
district;
(i) To operate such acquired facility itself or subcontract such operation to a
private or common carrier;
(j) To have the management, control, and supervision of all the business
affairs and properties of the rail district;
(k) To hire and retain agents, employees, engineers, attorneys, and financial
or other consultants and to provide for the powers, duties, and qualifications
thereof;
(l) To construct, establish, and maintain works and facilities in, across, or
along any easement dedicated to a public use, or any public street, road, or
highway, subject to the provisions of section 32-12-111, and in, upon, or over any
vacant public lands, which public lands are now, or may become, the property of the
state of Colorado, and to construct, establish, and maintain works and facilities in,
across, or along any stream of water or watercourse; however, in the exercise of
such powers, the rail district shall not displace or force the relocation of public
utility facilities except by agreement between the district and the public utility;
(m) To provide for the revenues needed to finance the rail district, subject to
the limitations of this article; to fix and from time to time increase or decrease and
to collect rates, fees, tolls, and other service charges pertaining to the services of
the rail district, including without limitation minimum charges and charges for
availability of the facilities or services relating thereto; to pledge such revenues for
the payment of securities; and to enforce the collection of such revenues by civil
action or by any other means authorized by law;
(n) To adopt and amend bylaws setting forth rules of procedure for the
conduct of its affairs and providing for the administrative organization and
structure of the rail district, consistent with this article;
(o) To adopt by resolution regulations not inconsistent with state law which
are necessary, appropriate, or incidental to any authorized service provided by the
rail district. Said regulations shall be compiled and kept by the secretary so as to be
readily available for public inspection.
(p) To appoint citizen advisory committees to assist and advise with respect
to services and powers of the rail district;
(q) To accept on behalf of the rail district gifts, grants, and conveyances
upon such terms and conditions as the board may approve;
(r) To have and exercise all rights and powers necessary to or implied from
the powers granted in this article.