Colorado § 32-8-103 - Commission - election - appointment - transfer of powers to the department of local affairs.

§ 32-8-103. Commission - election - appointment - transfer of powers to the department of local affairs.

(1) The district was, until February 1, 1998, managed and controlled by a board of five members known as the "Moffat tunnel commission". At that time, acting pursuant to Senate Bill 96-233, the department assumed the powers of the board.

(2) to (3.5) (Deleted by amendment, L. 2002, p. 1069, § 2, effective August 7, 2002.)

(4) (Deleted by amendment, L. 92, p. 906, § 156, effective January 1, 1993.)

(5) to (7) (Deleted by amendment, L. 2002, p. 1069, § 2, effective August 7, 2002.)

(8) The district shall be managed and controlled by the department. The department shall have the powers and duties set forth in sections 32-8-107 and 32-8-124 with respect to the district and the properties of the district.

Source: L. 22: p. 92, § 4. C.L. § 9593. L. 27: p. 491, § 1. L. 31: p. 454, § 1. CSA: C. 138, § 203. CRS 53: § 93-1-4. L. 63: p. 726, § 1. C.R.S. 1963: § 93-1-4. L. 72: p. 563, § 32. L. 76: (3) amended, p. 310, § 56, effective May 20. L. 81: (3) amended, p. 296, § 19, effective June 19. L. 82: (3) amended, p. 545, § 3, effective April 15. L. 89: (4) amended, p. 847, § 121, effective July 1. L. 91: (3) amended, p. 643, § 94, effective May 1. L. 92: (2) to (5) amended, p. 906, § 156, effective January 1, 1993. L. 93: (3) amended, p. 1441, § 140, effective July 1. L. 94: (3) amended, p. 1643, § 68, effective May 31. L. 95: (3) amended, p. 1107, § 48, effective May 31. L. 96: (3.5), (7), and (8) added, p. 1049, § 3, effective May 23. L. 2001: (7)(e) repealed, p. 1180, § 19, effective August 8. L. 2002: (1), (2), (3), (3.5), (5), (6), (7), and (8) amended, p. 1069, § 2, effective August 7.

Cross references: For the legislative declaration contained in the 2002 act amending subsections (1), (2), (3), (3.5), (5), (6), (7), and (8), see section 1 of chapter 274, Session Laws of Colorado 2002.

ANNOTATION

Law reviews. For article, "Legal Classification of Special District Corporate Forms in Colorado", see 45 Den. L.J. 347 (1968).

For the constitutionality of section, see Milheim v. Moffat Tunnel Imp. Dist., 72 Colo. 268, 211 P. 649 (1922).

The legislative intent in subsection (3) of this section was that this special purpose election be conducted within the parameters of the normal electoral process and that because of the special nature of the district, this additional voter qualification would be imposed. Chesser v. Buchanan, 193 Colo. 471, 568 P.2d 39 (1977).

There is no requirement that the qualifications of the members of the Moffat tunnel commission, be prescribed. That a taxpayer may act in such a case, is well established. Milheim v. Moffat Tunnel Imp. Dist., 72 Colo. 268, 211 P. 649 (1922).

It certainly can be argued that the election code was meant to establish guidelines for the selection of Moffat tunnel commissioners. Sheldon v. Moffat Tunnel Comm'n, 335 F. Supp. 251 (D. Colo. 1971).

Therefore, payment of property tax as additional qualification for voting may no longer retain vitality. The election code utilizes different phrases, "taxpaying elector" and "qualified taxpaying elector", to describe situations in which payment of a property tax is an additional qualification for voting. Those phrases are not used in connection with general elections. Thus, although § 32-8-103 (3) purports to add payment of a property tax to the qualifications of voters in Moffat tunnel elections conducted during or after 1964, the provisions of the election code, read against the backdrop of a legislative policy of liberality, suggest that proviso no longer retains vitality. Sheldon v. Moffat Tunnel Comm'n, 355 F. Supp. 251 (D. Colo. 1971).

Subsection (3) does not deprive landowners within the district who failed to pay real estate taxes of equal protection of the law since there exists a rational basis for limiting the franchise to tax paying electors within the district. Chesser v. Buchanan, 193 Colo. 471, 568 P.2d 39 (1977).

There is no conflict or inconsistency between the provisions of subsection (3) and the Election Code. Chesser v. Buchanan, 193 Colo. 471, 568 P.2d 39 (1977).

The Election Code [arts. 1 through 17 of title 1] sets forth only the basic voter qualifications for all general, primary, and special elections, and there is no statutory provision which states that in special purpose elections, such as in subsection (3) of this section, an additional voter qualification cannot be imposed. Chesser v. Buchanan, 193 Colo. 471, 568 P.2d 39 (1977).