Colorado § 32-8-107 - Powers of department.

§ 32-8-107. Powers of department.

(1) The department has power on behalf of said district:

(a) To employ a chief engineer, and such other engineers, assistants, and employees as may be necessary, and to provide for their compensation;

(b) To secure the services of attorneys and provide for their compensation;

(c) To preserve, operate, and maintain, or contract for the preservation, operation, and maintenance of the Moffat tunnel and its approaches and all necessary works incidental thereto; to equip and electrify the tunnel, its approaches and connections, and to construct and maintain power plants for the lighting, equipment, and electrifying of the tunnel, its approaches and connections;

(d) To enter into and execute all contracts, leases, and other instruments in writing necessary or proper to the accomplishment of the purposes of this article;

(e) and (f) (Deleted by amendment, L. 96, p. 1050, § 5, effective May 23, 1996.)

(g) To adopt bylaws not in conflict with the constitution and laws of the state, in carrying out the purposes of this article;

(h) To exercise all powers necessary and requisite for the accomplishment of the purposes for which this district is organized and capable of being delegated by the general assembly of the state of Colorado; and no enumeration of particular powers granted shall be construed to impair any general grant of power contained in this article, nor to limit any such grant to powers of the same class as those so enumerated;

(i) To receive on behalf of the district aid or donations from any person or corporation or from the United States government for the purpose of preserving, operating, or maintaining the tunnel and its approaches and equipment;

(j) To deposit moneys of the district that are not required to be transferred to each of the counties of the district or to the city and county of Denver pursuant to section 32-8-124 and that are not needed in the conduct of district affairs in any depository authorized in section 24-75-603, C.R.S. For the purpose of making such deposits, the board may appoint, by written resolution, one or more persons to act as custodians of the moneys of the district. Such persons shall give surety bonds in such amounts and form and for such purposes as the board requires.

(k) (Deleted by amendment, L. 2002, p. 1071, § 3, effective August 7, 2002.)

Source: L. 22: p. 98, § 8. C.L. § 9597. CSA: C. 138, § 207. CRS 53: § 93-1-8. C.R.S. 1963: § 93-1-8. L. 79: (1)(j) added, p. 1625, § 40, effective June 8. L. 94: (1)(k) added, p. 730, § 3, effective April 19. L. 96: (1) amended, p. 1050, § 5, effective May 23. L. 98: (1)(j) amended, p. 827, § 46, effective August 5. L. 2002: IP(1) and (1)(k) amended, p. 1071, § 3, effective August 7.

Cross references: For the legislative declaration contained in the 2002 act amending the introductory portion to subsection (1) and subsection (1)(k), see section 1 of chapter 274, Session Laws of Colorado 2002.

ANNOTATION

The general assembly delegated express powers to the board to do the things necessary and requisite for the accomplishment of the purposes for which the district was organized. Moffat Tunnel Imp. Dist. v. City & County of Denver, 93 Colo. 317, 25 P.2d 735 (1933); Boynton v. Moffat Tunnel Imp. Dist., 57 F.2d 772 (10th Cir. 1932).