As used in this article 9, unless the context otherwise
requires:
(1) Board means the board of directors of the district.
(2) Condemn or condemnation means the exercise by the district of the
power of dominant eminent domain or eminent domain, in the manner provided in
articles 1 to 7 of title 38, C.R.S., to acquire mass transportation facilities and
property, real or personal, or an interest therein, for the public use of the district.
(3) Director means a member of the board.
(3.5) Director district means that area within the district which is
represented by one director.
(3.7) Discovery means physical discovery of an undocumented utility
communicated by the district or its contractors, agents, or employees verbally or in
writing to the utility company's designated project representative or, if no
representative has been designated, to the chief engineer or equivalent.
(4) District means the regional transportation district created by this
article.
(5) District securities means bonds, temporary bonds, refunding bonds,
special obligation bonds, interim notes, notes, and warrants of the district
authorized to be issued by this article.
(6) Dominant eminent domain means that the right of the district to
condemn public property, real and personal, shall be superior in public necessity to
that of any city, town, city and county, county, or other public corporation except a
school district, but such right shall be superior only for the purpose of acquiring
existing mass transportation facilities and related real or personal property.
(6.2) Eligible elector means a registered elector as defined in section 1-1-104 (35), C.R.S., who resides within the geographic boundaries of the district.
(6.3) Fixed guideway corridor means a corridor designated by the district
for the construction and operation of a fixed guideway mass transit system.
(6.4) Fixed guideway corridor utility relocation agreement means an
agreement entered into by the district and a utility company for the purpose of
performing utility relocation work necessitated by a transportation expansion plan
in accordance with the requirements of section 32-9-119.1.
(6.5) Fixed guideway mass transit system means any public transportation
system that utilizes and occupies a separate right-of-way or rail for the exclusive
use of public transportation service. No such system shall intersect any road or
street with an average daily traffic count of twenty thousand or greater at grade
unless the municipality or county having jurisdiction over such road or street
specifically requests an at grade crossing.
(6.7) Force majeure means fire, explosion, action of the elements, strike,
interruption of transportation, rationing, shortage of labor, equipment, or materials,
court action, illegality, unusually severe weather, act of God, act of war, or any
other cause that is beyond the control of the party performing work on a utility
relocation project and that could not have been prevented by the party while
exercising reasonable diligence.
(6.9) Major electrical facilities has the same meaning as set forth in section
29-20-108 (3)(a)(I), (3)(a)(II), (3)(a)(III), and (3)(a)(IV).
(7) (a) Mass transportation system or system means any system of the
district or any other system, the owner or operator of which contracts with the
district for the provision of transportation services, that transports the general
public by bus, rail, or any other means of surface conveyance or any combination
thereof, within the district.
(b) Such system may include facilities for transportation within or without or
both within and without the district as special charter services provided to the
general public. The schedule of charges for special charter service shall be equal to
but not less than those charged by authorized common carriers rendering the same
or similar service. The service may be performed under such terms and conditions
for which facilities are made available for such charter use and in conformity with
the reasonable rules and regulations provided by the board with respect to the use
thereof, but the special charter service outside the district shall be limited to such
rights and privileges as are obtained by the district in the acquisition of mass
transportation facilities and property.
(c) The system may include facilities for the transportation of package-express shipments on routes to and from Boulder and Denver if such shipments are
transported coincidentally with the transportation of the general public in
scheduled service and over prescribed routes within the district. The schedule of
charges for package-express service shall not be less than those charged by
authorized common carriers rendering the same or similar service over the same
routes and distances. The package-express service may be performed under such
terms and conditions for which facilities are made available for such package-express use and in conformity with the rules and regulations established by the
board with respect to the use thereof.
(8) (Deleted by amendment, L. 2000, p. 307, � 1, effective April 5, 2000.)
(9) Operation and maintenance expenses means all reasonable and
necessary current expenses of the district, paid or accrued, of operating,
maintaining, and repairing facilities of the mass transportation system of the
district.
(10) Person means any natural person, association, partnership, company,
or corporation.
(11) Public body means the state of Colorado, or any county, city and
county, city, town, district, or any other political subdivision of the state, excluding
the regional transportation district.
(12) Publication means the publication once a week for three consecutive
weeks in at least one newspaper having general circulation in the district.
Publication need not be made on the same day of the week in each of the three
weeks; but not less than fourteen days shall intervene between the first day of
publication and the last day of publication.
(13) Revenues means the tolls, fees, rates, charges, or other income and
revenues derived from the operation of the mass transportation system of the
district, moneys received in the form of grants or contributions from all sources,
public or private, income derived from investments by the district, and any
combination of the foregoing.
(14) Taxes or taxation means general ad valorem property taxes only.
(15) (Deleted by amendment, L. 92, p. 907, � 157, effective January 1, 1993.)
(15.1) Utility company or utility shall have the same meaning as set forth
in 23 CFR 645.105, as amended.
(15.5) Utility facility means all installed equipment of a utility.
(16) Vehicular service means any service provided by the district that
involves transporting the general public by means of any self-propelled vehicle that
is designed primarily for travel on the public highways and that is generally and
commonly used to transport persons and property over the public highways.
Vehicular service does not include any service provided by the district that is part
of the rail system.