C.R.S. § 41-3-101 Short title
41-3-101. Short title. This article shall be known and may be cited as the "Public Airport Authority Act".
Public Airport Authority Law
C.R.S. tit. 41, art. 3
in effectC.R.S. § 41-3-102 Legislative declaration
41-3-102. Legislative declaration. The purpose of this article is to authorize the creation by cities and towns, and counties, and the state of Colorado, through their joint action, and by counties acting by independent action or jointly with the state, of airport authorities, corporate and politic, and constituting political subdivisions of the state of Colorado, for the purpose of acquiring and improving airports, air navigation facilities, and related facilities, and the financing of the cost of such acquisition by the issuance of bonds or other obligations of such authorities payable from the income of any such authorities and otherwise secured to the extent permitted by law without the incurrence of an indebtedness by the state of Colorado, or by any of its political subdivisions, thereby promoting and facilitating transportation by air from or to points located within the state of Colorado, all to the benefit and general welfare of the state of Colorado, its political subdivisions, and the inhabitants thereof.
C.R.S. § 41-3-103 Definitions
41-3-103. Definitions. As used in this article 3, unless the context otherwise requires:
(1) "Air navigation facility" means any facility, other than one owned and operated by the United States, used in, available for use in, or designed for use in aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities.
(2) "Airport" means any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon however financed. Such facilities may also include land and buildings, together with all appurtenances necessary or convenient thereto for the accommodation or convenience of the public, whether or not the members of the public so accommodated are directly or indirectly engaged in transportation by air, including, but not limited to, parking, dining, recreational, and hotel facilities.
(3) "Airport hazard" means any structure, object of natural growth, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport, or is otherwise hazardous to such landing or taking off of aircraft.
(4) "Authority" means a body corporate and politic and constituting a political subdivision of the state created for airport purposes under the provisions of this article.
(5) "Board", as distinguished from the governing board defined in subsection (11) of this section, means the board of commissioners of any airport authority created pursuant to the provisions of this article.
(6) "Bonds" means any bonds, notes, interim certificates, debentures, or similar obligations issued by an authority pursuant to this article.
(7) "Clerk" means the custodian of the official records of a municipality or county.
(8) "Combination" means any combination comprised of two or more municipalities, two or more counties, or any combination of one or more municipalities and one or more counties.
(9) "County" means any county organized under the laws of the state of Colorado or an adjoining state and includes public entities which are both cities and counties.
(10) "Federal government" means the United States, or any of its officers, agencies, boards, or commissions.
(11) "Governing board" means the officials authorized by law to exercise by ordinance or resolution the lawmaking powers of a municipality or county.
(12) "Income of the authority" means all revenues derived directly or indirectly by the authority from the use and operation of the airport, including, but not limited to, interest on investments and all rentals, fees, rates, or other charges for the use of the airport, or for any services rendered by the authority in the operation thereof, but excluding, if necessary or appropriate, money received as grants or gifts from the federal government or the state or other sources, the use of which is limited by the grantor or donor to the construction of capital improvements to an airport.
(12.5) "Inflation" means the annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its successor index.
federal government or the state or other sources, the use of which is limited by the grantor or donor to the construction of capital improvements to an airport.
(12.5) "Inflation" means the annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its successor index.
(13) "Municipality" means any city or town, whether incorporated under the general laws of the state of Colorado or an adjoining state, article XX of the state constitution, or acts of the council and house of representatives of the territory of Colorado, but does not include local entities which are both cities and counties.
(14) "Person" means any individual, firm, partnership, corporation, company, association, joint-stock association, or body politic; and the term includes any trustee, receiver, assignee, or other similar representative thereof.
(15) "Resolution" means a resolution of the board of county commissioners of a county or ordinance of a city, city and county, or town, whichever form of action is necessary or appropriate under the laws of the state of Colorado or an adjoining state, or under the charter of a city, or city and county, incorporated pursuant to article XX of the state constitution.
(16) "State" means the state of Colorado or any of its agencies.
C.R.S. § 41-3-104 Creation of authorities
41-3-104. Creation of authorities. (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.
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.
C.R.S. § 41-3-105 Board of commissioners
41-3-105. Board of commissioners. (1) All powers, privileges, and duties vested in or imposed upon any authority organized pursuant to the provisions of this article shall be exercised and performed by and through the board except as otherwise provided by law; but the exercise of any and all executive, administrative, and ministerial powers may be by said board delegated and redelegated to any of the officers created or by the board acting under this article.
(2) The board of an authority created by the formation of a combination consists of at least five members, but no more than nine members, representing the counties or municipalities participating in the combination. The authorizing resolution, filed with the director of the division of local government pursuant to section 41-3-104 (1), must contain a provision as to the representation of the counties and municipalities participating in the combination. The members of the board of an authority created by a combination must be appointed by resolution of the governing boards of the counties or municipalities that are members of the combination, with the initial appointments, at the election of such municipality or county, to be made by the authorizing resolution filed with the director of the division of local government. If the county in which the airport is to be located is not a member of the combination, then the member or members, if any, to which the county is entitled shall be appointed by the board of county commissioners of the county. The board created by the independent action of a county consists of five members who shall be appointed by the board of county commissioners of the county, and initial appointments to the board, at the election of the board of county commissioners, may be made in the authorizing resolution filed with the director of the division of local government. Board members from municipalities and counties in this state must be taxpaying electors, as defined in section 1-1-104 (49), at the time of appointment and must reside in the municipality or county from which appointed. After an authority is organized by the formation of a combination, the inclusion of additional counties or municipalities entitles the included municipalities or counties to representation on the same basis as other counties or municipalities. A member of the board does not receive compensation for the member's service on the board. No member of the board shall be interested in any contract or transaction with the authority except in the member's official respective capacity. Members of the board are subject to the standards of conduct for local government officials specified in article 18 of title 24.
(3) The term of each member is four years; except that the terms of the members of the first board are adjusted so that the terms of one-half of the members expire after two years. At the first meeting of the board of a newly formed authority, the commissioners shall determine by lot which members serve two-year terms and which serve four-year terms. At the expiration of the term of any commissioner, a new appointment shall be made by the appropriate governing board, and any member, including a member appointed to fill a vacancy, may be appointed to serve a successive term.
(4) A change of residence of a member of the board from a municipality or county in the state to a place outside the municipality that he or she represents, or the county from which he or she is appointed, automatically creates a vacancy on the board as to such municipality or county. Vacancies which may occur on the board through death or resignation of one of the members, or for any other reason, shall be filled in the same manner as provided for the appointment of original members of the board.
(5) The board, in addition to any other powers conferred by this article, has the following powers:
d, automatically creates a vacancy on the board as to such municipality or county. Vacancies which may occur on the board through death or resignation of one of the members, or for any other reason, shall be filled in the same manner as provided for the appointment of original members of the board.
(5) The board, in addition to any other powers conferred by this article, has the following powers:
(a) To fix the time and place at which its regular meetings are held, which place may be located within any municipality or county forming a part of an authority created by a combination or within the county independently creating such authority; to organize, adopt bylaws and rules of procedure, and select a chairperson and pro tem chairperson. A special meeting may be called by any officer or member of the board by informing the other members of the date, time, and place of the special meeting and the purpose for which it is called. All regular or special meetings are subject to the open meeting and notice requirements of section 24-6-402.
(b) To make and pass resolutions and orders not repugnant to the constitution of the United States; the state; an adjoining state, if a combination includes a municipality or county from the adjoining state; or other provisions of this article necessary for the government and management of the affairs of the authority and the execution of the powers vested in the authority and for carrying into effect the provisions of this article. On all resolutions the rolls shall be called and the ayes and nays recorded. Resolutions and orders may be adopted by viva voce vote, but on demand of any member the roll shall be called.
(c) To record all resolutions, as soon as may be after their passage, in a book kept for that purpose and authenticate them by the signature of the presiding officer of the board and the clerk thereof. Any resolution may at the election of the board be published in a newspaper of general circulation in the county wherein the airport is located within ten days of the date of passage and adoption and shall become effective, if so provided, upon the date of such publication.
(d) To transact business only if a quorum of fifty percent of the board is present at a regular or special meeting. The board may take action or approve any matter by a majority of a quorum; except that all questions involving the inclusion or exclusion of a municipality or county in or from the authority or authorizing any expenditures in excess of two hundred fifty thousand dollars must be approved by a majority of the members of the board. Beginning January 1, 2029, and every five years thereafter, the two hundred fifty thousand dollar figure specified in this subsection (5)(d) is adjusted for inflation.
(e) To fix the location of the principal place of business of the authority and the location of all offices and departments maintained thereunder, the location thereof to be at such place as the board deems best;
(f) To prescribe by resolution a system of business administration, to create any and all necessary offices, to establish and reestablish the powers and duties and compensation of all officers and employees, and to require and fix the amount of all official bonds necessary for the protection of the funds and property of the authority;
(g) To employ clerical, legal, consulting, and engineering assistance and labor, and to delegate and redelegate to such employees the powers conferred by this article, under such conditions and restrictions as shall be fixed by the board to authorize such employees to bind the authority by contract;
unt of all official bonds necessary for the protection of the funds and property of the authority;
(g) To employ clerical, legal, consulting, and engineering assistance and labor, and to delegate and redelegate to such employees the powers conferred by this article, under such conditions and restrictions as shall be fixed by the board to authorize such employees to bind the authority by contract;
(h) To prescribe a method of auditing and allowing or rejecting claims and demands and a method for procuring contracts to carry out the authority's purposes pursuant to this article 3, including contracts for the construction of works and structures, equipment, the performance of labor or services, or the furnishing of supplies or materials. The board shall comply with the requirements of article 91 of title 24 when procuring and entering into a construction contract. For any contract involving federal funds, the board shall comply with all applicable federal statutes, regulations, guidelines, and policies. For all capital improvement projects and the purchase of new vehicles and new equipment, the board shall:
(I) Solicit the contract by an invitation for bids. An invitation for bids may include criteria for the board to determine acceptability of a bid, including inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Any criteria that the board considers in evaluating the bid must be objectively measurable.
(II) Include in an invitation for bids a purchase description and all contractual terms and conditions applicable to the procurement;
(III) Provide adequate public notice of the invitation for bids within a reasonable time prior to the time the board sets for the opening of bids;
(IV) Record the amount of each bid and the name of each bidder, which the board shall keep open for public inspection;
(V) Allow the withdrawal of an inadvertently erroneous bid before the bid is awarded if the bidder submits documentary evidence that clearly and convincingly demonstrates an error was made;
(VI) Award the contract with reasonable promptness to the low responsible bidder whose bid meets the criteria set forth in the invitation for bids; except that the board shall resolve any tie in accordance with section 24-103-902; and
(VII) Maintain for public inspection all bids and bid documents in accordance with sections 24-72-203 and 24-72-204.
(i) To constitute and appoint an official newspaper in this state to be used for the official publications of the authority, but nothing in this section shall prevent the board from directing publication in additional newspapers or other periodicals which public necessity may so require or indicate.
(6) Where the state, pursuant to section 41-3-104 (7), joins in the creation of an airport authority authorized by this article or joins an existing airport authority created pursuant to this article, the state shall be entitled to such number of members of the board of commissioners as may be agreed upon by the creating parties or present parties of the authority and the state, as the case may be, but in no case shall the state be entitled to less than one member of the board of commissioners. The state member or members of the board of commissioners shall be appointed by the governor, with the consent of the senate.
C.R.S. § 41-3-106 Powers of an authority
41-3-106. Powers of an authority. (1) An authority has the following powers:
(a) To have perpetual existence;
(b) To have and use a corporate seal;
(c) To sue and be sued and be a party to suits, actions, and proceedings;
(d) To enter into contracts and agreements affecting the affairs of the authority, including, but not limited to, contracts with the United States; the state of Colorado; an adjoining state, if a combination includes a municipality or county from the adjoining state; and any county or municipality from which the authority originated;
(e) To borrow money and to issue bonds payable in whole or in part from the income of the authority and otherwise secured to the extent permitted by law, but, before any money shall be borrowed or any bonds issued, such borrowing or sale shall first be approved by the board of county commissioners of any county independently creating an authority under the provisions of this article. Said bonds shall be authorized by resolution of said board without the necessity of submitting the question of their issuance to the qualified electors of the municipalities or counties constituting members of the authority. Said resolution shall prescribe the form of said bonds, the manner of their execution, which may be effected by the use of the facsimile signatures of the officers of the authority in accordance with the laws of the state in effect at the time of their execution, shall provide for the terms thereof, including the maximum net effective interest rate for the issue of bonds, and the security for their payment, may authorize the issuance of additional bonds having a lien on a parity with or junior thereto on the income of the authority, provide for the redemption of said bonds prior to their respective maturities with or without premium, and direct that said bonds shall be sold at public or private sale at or below par, but such bonds shall not be sold at a price such that the net effective interest rate of the issue of bonds exceeds the maximum net effective interest rate authorized. The board shall prescribe other details in connection with the issue of bonds. The bonds so authorized shall mature serially over a period not exceeding thirty years and shall bear interest at a net effective interest rate not exceeding the maximum net effective interest rate authorized. Said resolution and bonds may also include such other terms or recitals which in the judgment of the board are necessary or proper to render the same marketable. Nothing in this article shall be construed as authorizing the authority or any county to assess and levy taxes for the payment of said bonds, nor shall said bonds be construed to be an indebtedness of the municipalities or counties constituting members of the authority or of the county independently creating such authority within the meaning of any constitutional, charter, or statutory limitation.
(f) To purchase, trade, exchange, acquire, buy, sell, and otherwise dispose of and encumber real and personal property of the authority and any interest therein, including leases and easements;
(g) To refund any bonds of the authority as the same become due at stated maturities, or as a result of the exercise of the privilege of calling bonds for prior redemption, and to refund any such bonds in advance of such maturities or redemption dates in accordance with the laws of the state then in effect and applicable to municipalities. The terms and conditions of refunding bonds shall be substantially the same as those of an original issue of bonds.
me due at stated maturities, or as a result of the exercise of the privilege of calling bonds for prior redemption, and to refund any such bonds in advance of such maturities or redemption dates in accordance with the laws of the state then in effect and applicable to municipalities. The terms and conditions of refunding bonds shall be substantially the same as those of an original issue of bonds.
(h) To regulate, when acting singly, or by agreement, when acting jointly with any other municipality or county, the receiving, deposit, and removal and the embarkation of passengers or property to or from the airport; to regulate or prohibit any airport hazard in the same manner that a county or municipality is authorized to remove a hazard pursuant to section 41-4-108 or an encroachment pursuant to section 41-4-109; to impose charges, fees, and rentals on users of the authority's airport and facilities to defray the costs of operating, maintaining, and improving the airport; to lease or assign for operation any space, area, appurtenances, appliances, or other conveniences necessary or useful in connection with operating the airport; except as related to the price, route, or service of an air carrier, to regulate a commercial activity that any person conducts at an airport; to own and operate aircraft; to employ pilots; to provide rules and regulations governing the use of the airport and facilities and the use of other property and means of transportation within or over the airport, landing field, and navigation facilities; to perform any duties necessary or consistent with the regulation of air traffic; and to exercise such powers as may be required or consistent with the promotion of aeronautics and the furtherance of commerce and navigation by air;
(i) To pledge all or a part of the income of the authority to the payment of the bonds authorized to be issued pursuant to the terms of this article and to otherwise secure the payment of said bonds to the extent permitted by law, including, but not limited to, a conveyance in trust of any or all of the properties or facilities of the authority as a part of such security;
(j) To have and exercise the power of eminent domain in the manner provided by law for the condemnation of private property for public use and to take any property necessary to exercise the powers in this article granted, either within or without the boundaries of the municipalities or counties constituting members of the authority. In exercising the power of eminent domain, the procedure established and prescribed by articles 1 to 7 of title 38, C.R.S., shall be followed. Nothing in this article shall be construed to limit the power of a county otherwise to acquire property through the exercise of the power of eminent domain under and in accordance with the laws of the state.
(k) To construct and maintain works and establish and maintain facilities, within or without the boundaries of the municipalities or counties constituting members of the authority or within or without the boundaries of the county independently creating an authority pursuant to the provisions of this article, across or along any public street or highway or in, upon, under, or over any vacant public lands, which public lands are now, or may become, the property of the state, but the authority shall promptly restore any street or highway to its former state of usefulness as nearly as may be and shall not use the street or highway in such manner as to completely or unnecessarily impair the usefulness of the street or highway. When exercising its power pursuant to this subsection (1)(k), an authority shall comply with all applicable local zoning and building regulations, except to the extent that any zoning or building regulations are preempted by federal law, and all guidelines and regulations of the United States department of transportation, federal aviation administration.
ir the usefulness of the street or highway. When exercising its power pursuant to this subsection (1)(k), an authority shall comply with all applicable local zoning and building regulations, except to the extent that any zoning or building regulations are preempted by federal law, and all guidelines and regulations of the United States department of transportation, federal aviation administration.
(l) To invest any surplus money in the treasury of the authority, including money in any sinking or trust fund established for the purpose of retiring bonds at or prior to maturity not required for the immediate necessities of the authority, in any local government investment pool trust fund pursuant to part 7 of article 75 of title 24, or in securities meeting the investment requirements established in part 6 of article 75 of title 24. Any investment in securities may be made by direct purchase of any issue of securities, or part thereof, at the original sale of the securities or by the subsequent purchase of the securities. Any securities purchased and held by an authority may be sold, unless the sale is prohibited by any agreement under which the securities have been or will be deposited and the proceeds of the securities reinvested in securities as provided in this subsection (1)(l). The sale of any securities purchased and held by the authority must be made at a time when the proceeds may be applied to the purposes that the money with which the securities were originally purchased was placed in the treasury of the authority.
(m) Notwithstanding subsection (1)(e) of this section, to request that a county or municipality in which the authority is located levy a tax within that county or municipality for the authority's benefit that is consistent with the Colorado constitution and the power of a county or municipality to levy a tax; and
(n) To request, consistent with all applicable guidelines and regulations of the United States department of transportation, federal aviation administration, that a county or municipality adopt or modify existing zoning regulations regarding:
(I) The prevention or elimination of hazards to air navigation;
(II) The installation, operation, and maintenance of navigational marking and lighting on structures or trees in areas surrounding the airport an authority operates;
(III) Compatible land uses in areas immediately surrounding the airport the authority operates; or
(IV) The criteria for areas surrounding airports specified in section 24-65.1-202 (5)(a).
C.R.S. § 41-3-107 Legal status of authorities - tax exemption
41-3-107. Legal status of authorities - tax exemption. (1) An authority created pursuant to this article is hereby declared to be a political subdivision of the state, exercising essential governmental powers for a public purpose. The general assembly, therefore, finds:
(a) That no authority or county independently creating an authority is required to pay any general ad valorem taxes upon an airport or any facilities connected therewith located within the state nor upon the interest of the authority therein;
(b) That bonds issued under this article and the income therefrom are free and exempt from taxation by the state, or any political subdivision of the state, with the exception of transfer, inheritance, and estate taxes; and
(c) The tax exemptions specified in this section do not apply to any tenants or users of the airport that an authority operates.
C.R.S. § 41-3-108 Legal investments and securities
41-3-108. Legal investments and securities. It shall be legal for any bank, trust company, banker, savings bank, or banking institution, any building and loan association, savings and loan association, investment company, and other person carrying on a banking or investment business, any insurance company, insurance association, or other person carrying on an insurance business, and any executor, administrator, trustee, or fiduciary to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this article. Public entities, as defined in section 24-75-601 (1), C.R.S., may invest public funds in such bonds only if said bonds satisfy the investment requirements established in part 6 of article 75 of title 24, C.R.S. Such bonds shall be authorized security for public deposit. Nothing in this section shall be construed as relieving any public body or other person of any duty of exercising reasonable care in selecting securities.
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