§ 41-3-104 — Creation of authorities

Colorado § 41-3-104

• Jurisdiction: Colorado
• Title 41: Aeronautics:
• Art.: Public Airport Authority Law

Text

(1) Any combination, or any county in this
state acting independently, may create an authority that is authorized to operate an
airport in this state and exercise the functions conferred by the provisions of this
article, upon the issuance by the director of the division of local government in the
department of local affairs of a certificate reciting that the authority has been duly
organized according to the laws of the state of Colorado. Such certificate shall be
issued by the director of said division upon the filing with him or her of a certified
copy of the resolution of the county acting independently and, in the case of a
combination, of each county or municipality joining therein, duly certified as correct
by the clerk of the municipality or county. In the case of a combination, there shall
also be filed with the director of said division a joint certificate of the clerks of any
county or municipality joining therein, certifying that such counties or
municipalities, and listing them, constitute all of the counties or municipalities
joining in the formation of the authority. At the time of filing such resolutions, there
shall also be filed a designation of the official name of the authority.

(2) Any combination creating an authority may be increased from time to
time to include one or more additional counties or municipalities, if each additional
municipality or county and the members then included in the authority and the
board of commissioners of the authority, respectively, adopt a resolution
consenting thereto. Any authority which was created by a county acting
independently may be increased from time to time to include one or more additional
counties or municipalities, if each additional municipality or county and the county
creating the authority and the board of commissioners of the authority,
respectively, adopt a resolution consenting thereto. Upon the inclusion of any
county or municipality in an authority initially created by a county acting
independently, such authority shall be deemed to have been created by a
combination for purposes of this article. Upon the inclusion of any county or
municipality in the authority so created, either initially or as an additional member
later, all rights, contracts, obligations, and property, both real and personal, of such
municipality or county used for or in relation to transportation by air shall vest in
the authority created pursuant to this section, unless otherwise specifically
provided by the resolution including such municipality or county in the authority.

(3) Any combination formed to create an authority may be decreased if each
of the members then included therein and the board of the authority consent to the
decrease and make provision for the retention or disposition of the assets and
liabilities of the county or municipality, as the case may be; but, if the authority has
any bonds outstanding, no such decrease shall be effective until at least seventy-five percent of the holders of the outstanding bonds of the authority consent
thereto in writing, or unless the board determines that such decrease will not affect
adversely the rights of the holders of such outstanding bonds.

(4) A municipality or a county in this state shall not adopt a resolution
authorized by this section without a public hearing thereon. Notice shall be given at
least ten days prior to the date of the hearing in a newspaper having a general
circulation in the municipality or county, as the case may be.

(5) All commissioners of an authority shall be appointed for a term of four
years each; except that a vacancy occurring other than by the expiration of term
shall be filled for the unexpired term in the same manner as the original
appointments.

(6) A county, a municipality, or a combination may adopt a resolution
terminating the existence of an authority. A terminating resolution must require the
county, the municipality, or the combination terminating the authority to:

(a) Assume the repayment obligations of any of the authority's outstanding
bonds;

(b) Assume the obligations of any of the authority's outstanding contracts
entered into pursuant to this article 3;

(c) Assume the operation and maintenance of the airport that the authority
was authorized to operate and maintain; and

(d) Receive and hold title to the real property on which the airport is located
and that the authority is authorized to operate and maintain.

(7) Notwithstanding any other provision of this article to the contrary, the
general assembly may, by law, authorize the governor, on behalf of the state, to join
in the creation of any airport authority authorized by this article or to join any
existing airport authority created pursuant to this article.

Legislative History

Source: L. 65: p. 166, � 4. C.R.S. 1963: � 5-5-4. L. 69: pp. 101, 105, �� 3, 3. L. 76: (1) and (6) amended, p. 607, � 34, effective July 1. L. 85: (2) amended, p. 1310, � 1, effective March 10. L. 2016: (1) and (4) amended, (SB 16-168), ch. 164, p. 522, � 2, effective August 10. L. 2023: (6) amended, (HB 23-1156), ch. 60, p. 211, � 2, effective August 7.