(1) Two or more public entities that are authorized to issue or enter into one or more types of stimulus obligations or one or more public entities that are authorized to issue or enter into one or more types of stimulus obligations and one or more public entities that may use or benefit from the project or projects to be financed or refinanced by one or more types of stimulus obligations may, by or pursuant to one or more contracts with each other, create a separate legal entity, to be known as a recovery and reinvestment act finance authority, for the purposes of issuing or entering into stimulus obligations of the type or types, providing for the use or distribution of the proceeds of the stimulus obligations, providing for the payment of the stimulus obligations, and addressing other matters relating to the stimulus obligations and the property and operations of the recovery and reinvestment act finance authority.
The contract pursuant to which a recovery and reinvestment act finance authority iscreated shall specify:
The name and purpose of the authority and the type or types of stimulus obligationsthat the authority is authorized to issue or enter into;
The establishment and organization of the governing body of the authority, whichshall be a board of directors in which all legislative power of the authority is vested, including:
The number of directors, their manner of appointment, their terms of office, theircompensation, if any, and the procedure for filling vacancies on the board;
The officers of the authority, the manner of their selection, and their duties;
The voting requirements for action by the board; except that, unless otherwise specifically provided, a majority of directors shall constitute a quorum, and a majority of the quorum shall be necessary for any action taken by the board; and
The duties of the board;
The obligations and rights of the contracting public entities;
Provisions for the disposition, division, or distribution of any property of the authority;
The term of the contract creating the authority, which may be continued for a definiteterm or until rescinded or terminated, and the method, if any, by which it may be rescinded or terminated; except that the contract may not be rescinded or terminated so long as the authority has bonds or one or more lease-purchase agreements outstanding unless provision for full payment of the bonds or lease-purchase agreement or agreements, by escrow or otherwise, has been made pursuant to the terms of the bonds or lease-purchase agreement or agreements;
The provisions for the amendment of the contract creating the authority;
Any intention of the contracting public entities to create the authority as, and havethe authority conduct its business in a manner that satisfies all requirements of the constitution and laws of the state for maintaining the status of, an enterprise, as defined in section 20 (2)(d) of article X of the state constitution; and
The conditions required when adding or deleting public entities to or from the contract.
The general powers of a recovery and reinvestment finance authority shall includethe following powers:
To issue or enter into bonds and lease-purchase agreements that qualify as the type ortypes of stimulus obligations identified in the contract;
To use or distribute the proceeds of its stimulus obligations for the benefit of one ormore of the contracting public entities;
To make and enter into ancillary agreements and other contracts and agreements withthe contracting public entities and other persons;
To employ agents and employees, to enter into contracts with attorneys, accountants,investment bankers, and other consultants, and to do and perform any acts and things authorized by this section under, through, or by means of any employee, agent, or person with which it contracts;
To sue and be sued in its own name;
To have and use a corporate seal;
To adopt, by resolution, bylaws, rules, and regulations respecting the exercise of itspowers and the carrying out of its purposes;
To deposit moneys not then needed in the conduct of its affairs in any depositoryauthorized in section 24-75-603, C.R.S. For the purpose of making deposits, the board of directors of the authority may appoint, by written resolution, one or more persons to act as custodians of the moneys. The persons shall give surety bonds in such amounts and form and for such purposes as the board of directors requires.
To exercise any other powers that are necessary or convenient to the exercise of itsother powers.
A recovery and reinvestment act finance authority shall be a political subdivision anda public corporation of the state, separate from the parties to the contract creating the authority, and shall be a validly created and existing political subdivision and public corporation of the state irrespective of whether a public entity withdraws, whether voluntarily, by operation of law, or otherwise, from the authority subsequent to its creation under circumstances not resulting in the rescission or termination of the contract pursuant to the terms of the contract. A recovery and reinvestment act finance authority shall have the duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate.
The income or other revenues of a recovery and reinvestment act finance authorityand all property at any time owned by an authority shall be exempt from all taxation and assessments in the state.
The contracting public entities may provide in the contract creating a recovery andreinvestment act financing authority for payment to the authority of moneys from any legally available source to be used for payment of the bonds, lease-purchase agreements, and contractual and other obligations and liabilities of the authority.
(a) To carry out the purposes for which a recovery and reinvestment act finance authority was created, the authority may issue bonds and enter into lease-purchase agreements payable solely from amounts paid to the authority from the contracting public entities, amounts paid to the authority by other persons, and any other available moneys of the authority. The terms, conditions, and details of the bonds or lease-purchase agreements and the procedures related thereto shall be set forth in the stimulus obligation documents authorizing the bonds or lease-purchase agreements. The terms, conditions, and details of the bonds or lease-purchase agreements shall, as nearly as may be practicable and subject to the provisions of sections 1159.7-104 and 11-59.7-105, be substantially the same as those provided in part 6 of article 4 of title 43, C.R.S., relating to regional transportation authorities. Bonds or lease-purchase agreements issued or entered into under this subsection (7) shall not constitute a debt of a recovery and reinvestment act finance authority or a debt or multiple-fiscal year financial obligation of the state or any of the contracting public entities within the meaning of any constitutional or statutory limitations or provisions. Each bond or lease-purchase agreement issued or entered into under this subsection (7) shall recite in substance that the bond or leasepurchase agreement, including the interest thereon, is payable solely from the revenues and other available funds of the recovery and reinvestment act finance authority pledged for the payment thereof and that the bond or lease-purchase agreement does not constitute a debt of the authority or a debt or multiple-fiscal year financial obligation of the state or any of the contracting public entities within the meaning of any constitutional or statutory limitations or provisions.
(b) The stimulus obligation documents under which bonds are issued or lease-purchase agreements are entered into pursuant to paragraph (a) of this subsection (7) shall constitute a contract with the holders thereof and may contain such provisions as are determined by the board of the recovery and reinvestment act finance authority to be appropriate and necessary in connection therewith and to provide security for the payment thereof, including, without limitation, any mortgage or other security interest in any revenues, funds, rights, or properties of the authority.
The powers granted to a recovery and reinvestment act finance authority pursuant tothis section are supplemental to and shall in no manner limit the powers of public entities to enter into intergovernmental agreements or contracts or to establish separate legal entities pursuant to any other provision of law.
Source: L. 2009: Entire article added, (HB 09-1346), ch. 402, p. 2209, § 1, effective June 2.