Colorado § 23-5-102 - Funding for auxiliary facilities - institutions of higher education - loans - bonds.

§ 23-5-102. Funding for auxiliary facilities - institutions of higher education - loans - bonds.

(1) For the purpose of obtaining funds for constructing, otherwise acquiring, and equipping auxiliary facilities for the use of students and employees at any state educational institution or any branch thereof or facilities for use by any institution or group of institutions that is designated as an enterprise pursuant to section 23-5-101.7 and for the acquisition of land for such purposes, the governing board of any state educational institution is authorized, after notification to the commission on higher education, to enter into contracts with any person, corporation, or state or federal government agency for the advancement of money for such purposes and providing for the repayment of such advancements with interest at a specified net effective interest rate.

(2) The governing board of any institution of higher education by resolution may issue revenue bonds on behalf of any auxiliary facility or group of auxiliary facilities or on behalf of any institution or group of institutions managed by such governing board for the purpose of obtaining funds for constructing, otherwise acquiring, equipping, or operating such auxiliary facility or group of auxiliary facilities or for facilities for such institution or group of institutions. Any bonds issued on behalf of any auxiliary facility or group of auxiliary facilities, other than housing facilities, dining facilities, recreational facilities, health facilities, parking facilities, alternative or renewable energy producing facilities including but not limited to, solar, wind, biomass, geothermal, or hydroelectric facilities, research facilities that are funded from a revolving fund, or designated enterprise auxiliary facilities listed in section 23-5-101.5 (4) may be issued only after approval by both houses of the general assembly either by bill or by joint resolution and after approval by the governor in accordance with section 39 of article V of the state constitution. The governing board of an institution or group of institutions that issues bonds on behalf of the institution or group of institutions, which is designated as an enterprise pursuant to section 23-5-101.7, shall file notice of such issuance with the Colorado commission on higher education. Bonds issued pursuant to this subsection (2) shall be payable only from revenues generated by the auxiliary facility or group of auxiliary facilities or by the institution or group of institutions on behalf of which such bonds are issued; except that, subject to section 23-5-119.5 (5)(a)(III) and (5)(b)(II), revenues generated by a designated enterprise that is associated with the university of Colorado may be pledged for the repayment of bonds issued by another designated enterprise auxiliary facility that is not part of the same enterprise. Such bonds shall be issued in accordance with the provisions of section 23-5-103 (2). The termination, rescission, or expiration of the enterprise designation of any auxiliary facility or group of auxiliary facilities pursuant to section 23-5-101.5 (3) or of any institution or group of institutions shall not adversely affect the validity of or security for any revenue bonds issued on behalf of any auxiliary facility or group of auxiliary facilities or on behalf of any institution or group of institutions.

Source: L. 53: p. 554, § 1. CRS 53: § 124-1-6. L. 61: p. 710, § 1. C.R.S. 1963: § 124-1-4. L. 67: p. 201, § 1. L. 70: p. 345, § 1. L. 93: Entire section amended, p. 1822, § 2, effective June 6. L. 94: (2) amended, p. 1678, § 4, effective May 31. L. 97: (2) amended, p. 1405, § 2, effective July 1. L. 2004: Entire section amended, p. 721, § 10, effective July 1. L. 2010: (2) amended, (SB 10-003), ch. 391, p. 1860, § 42, effective June 9. L. 2011: (2) amended, (HB 11-1301), ch. 297, p. 1418, § 8, effective August 10.

Cross references: For the legislative declaration contained in the 2004 act amending this section, see section 1 of chapter 215, Session Laws of Colorado 2004. For the legislative declaration in the 2010 act amending subsection (2), see section 1 of chapter 391, Session Laws of Colorado 2010.