As used in this article, unless the context otherwise requires:
"Authority" means the Colorado educational and cultural facilities authority createdby this article.
"Board" means the board of directors of the authority.
"Bond", "note", "bond anticipation note", "certificate of participation", or "other obligation" means any bond, note, certificate of participation in annually renewable leases, debenture, interim certificate, or other evidence of financial indebtedness issued by the authority pursuant to this article or issued by another issuer pursuant to other statutory authority, including refunding bonds.
"Bond resolution" means the resolution authorizing the issuance of, or providingterms and conditions related to, bonds issued under the provisions of this article and includes any trust agreement, trust indenture, indenture of mortgage, or deed of trust providing terms and conditions for such bonds.
"Commission" means the Colorado commission on higher education.
"Costs", as applied to facilities financed in whole or in part under the provisions ofthis article, means and includes the sum total of all reasonable or necessary costs incidental to the acquisition, construction, reconstruction, repair, alteration, equipment, enlargement, improvement, and extension of such facilities and the acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and interest acquired, necessary, used for, or useful for or in connection with a facility and all other undertakings which the authority deems reasonable or necessary for the development of a facility, including without limitation the cost of studies and surveys, of land title and mortgage guaranty policies, of plans, specifications, and architectural and engineering services, of legal, accounting, organization, marketing, or other special services, of financing, acquisition, demolition, construction, equipment, and site development of new and rehabilitated buildings, of rehabilitation, reconstruction, repair, or remodeling of existing buildings, and of all other necessary and incidental expenses, including working capital, an initial bond, and interest reserve funds, together with interest on bonds issued to finance such facilities until a date not more than six months subsequent to the estimated date of completion.
(6.3) (a) "Cultural institution" means any governmental, quasi-governmental, or nonprofit institution that engages in cultural, intellectual, scientific, educational, or artistic enrichment. "Cultural institution" includes, without limitation, any aquarium, botanical society, educational society, historical society, library, museum, gallery, performing arts association or society, nonprofit sports association, committee, or governing body, scientific society, natural history society or organization, zoological society, society for western history and western culture, sponsor of housing facilities that serve the cultural needs of their residents, and any private nonprofit foundation, nonprofit association, or other entity that is organized principally for the support and benefit of any of the foregoing.
(b) "Cultural institution" also includes any governmental, quasi-governmental, or nonprofit institution, corporation, association, or organization that, through one or more affiliates, directly or indirectly engages in cultural, intellectual, scientific, educational, or artistic enrichment in this state or outside this state if:
Such institution, corporation, association, or organization, or an affiliate of such anentity, is engaged in a financing or refinancing on behalf of a facility within this state or outside of this state; and
Such institution, corporation, association, or organization, or an affiliate of such anentity, operates a cultural facility within this state.
(c) (Deleted by amendment, L. 2003, p. 2055, § 1, effective May 22, 2003.)
(6.5) "Deep discount" means any obligation for which the original purchase price is substantially less than the par amount paid upon maturity.
(Deleted by amendment, L. 2006, p. 1496, § 31, effective June 1, 2006.)
(a) "Educational institution" means any governmental, quasi-governmental, or nonprofit educational institution operating in this state that:
Provides an educational program for which it awards a bachelor's degree; or
Provides not less than a two-year program which is acceptable for full credit towardssuch a degree; or
Provides not less than a six-month program of training to prepare students for gainful employment; or
Provides not less than a six-month program of training to develop, improve, orenhance the occupational skills of persons in their current positions of employment or of persons seeking employment in a new or different occupation; or
Provides an educational program pursuant to a charter from a school district in accordance with applicable laws; or
Provides an educational program to the residents of the state; or
Provides or finances, directly or indirectly through one or more affiliates, an educational program or educational services in this state or outside this state; or
Is any public school district; or
Provides an educational program pursuant to a contract with the state charter schoolinstitute in accordance with applicable laws.
(Deleted by amendment, L. 2004, p. 1518, § 1, effective May 28, 2004.)
"Educational institution" includes any private foundation, nonprofit association, orany other entity which is organized principally for the support and benefit of any educational institution defined in paragraph (a) of this subsection (8) and includes but is not limited to the Auraria higher education center. Any reference in this article to "educational institution supported in whole or in part by state funds" includes but is not limited to the Auraria higher education center.
(8.5) (a) (I) (A) "Facility", in the case of a participating educational institution, means any structure or building suitable for use as a housing facility, an instructional facility, an administration building, a research facility, a laboratory, a maintenance, storage, or utility facility, an auditorium, a dining hall, a food service and preparation facility, a mental or physical health care facility, a recreational facility, or a student center facility or any other structure or facility required or useful for the operation of an educational institution, including, but not limited to: Offices, parking lots and garages, and other supporting service structures; any equipment, furnishings, and appurtenances necessary or useful in the operation of a participating educational institution; and the acquisition, preparation, and development of all real and personal property necessary or convenient as a site or sites for any such structure or facility.
(B) "Facility", in the case of a participating educational institution, also means any structure or building described in sub-subparagraph (A) of this subparagraph (I) that is located within the state or outside the state and that is operated or financed by an educational institution if such institution operating or financing such structure or building, or an affiliate of such institution, operates or finances an educational facility within this state.
(II) (A) "Facility", in the case of a cultural institution, means any property that is suitable for the particular purposes of a cultural institution, including, without limitation, any such property suitable for use as or in connection with the operation of any one or more of the following: An administrative facility, an aquarium, an assembly hall, an auditorium, a botanical garden, an exhibition or performance hall or structure, a gallery, a greenhouse, a library, a museum, a scientific laboratory, a housing facility that serves the cultural needs of its residents and is being financed as part of a multistate program of financing educational or cultural facilities under this article, a theater, or a zoological facility; and also including, without limitation, the books, works of art or music, and the animal, plant, or aquatic life or other items contained therein for display, exhibition, or performance. The term "facility" includes any other structure or facility required or useful for the operation of a cultural institution including, but not limited to, offices, parking lots and garages, and other supporting service structures; any equipment, furnishings, and appurtenances necessary or useful in the operation of a cultural institution; and the acquisition, preparation, and development of all real and personal property necessary or convenient as a site or sites for any such structure or facility. The term "facility" also includes buildings on the national register of historic places which are owned and operated by nonprofit entities.
(B) "Facility", in the case of a cultural institution, also means any property described in sub-subparagraph (A) of this subparagraph (II) that is located within the state or outside the state and that is operated or financed by a cultural institution if such institution operating or financing such property, or an affiliate of such institution, also operates or finances a cultural facility within this state.
(b) "Facility" does not include such items as food, fuel, supplies, or other items which are customarily considered as current operating expenses or charges.
"Refinancing of outstanding obligations" means liquidation, with the proceeds of bonds or notes issued by the authority, of any indebtedness of a participating educational institution or cultural institution incurred prior to, on, or after July 1, 1981, to finance or aid in financing a lawful purpose of such institution not financed pursuant to this article which would constitute a facility had it been undertaken and financed by the authority. The term also means consolidation of such indebtedness with indebtedness of the authority incurred for a facility related to the purpose for which the indebtedness of such institution was initially incurred.
"Revenues" means, with respect to facilities, the rents, fees, charges, interest, principal repayments, and other income received or to be received by the authority from any source on account of such facilities.
"Zero-coupon" means any obligation, as defined in subsection (3) of this section,which is payable in one payment on a fixed date.
Source: L. 81: Entire article added, p. 1096, § 1, effective July 1. L. 83: (8)(a)(III) amended and (8)(c) added, p. 804, § 1, effective May 25. L. 85: (8)(a)(III) and (8)(c) amended and (8)(a)(IV) added, p. 786, § 1, effective April 12. L. 88: (11) added, p. 849, § 2, effective April 20. L. 89: (6.3) added and (7)(a) and (9) amended, p. 986, § 2, effective April 8; (3) and (11) amended and (6.5) added, p. 982, § 2, effective April 12. L. 98: (1), (7)(a)(I), (8), and (9) amended, p. 601, § 3, effective May 4. L. 2000: (6.3), (7)(a), and IP (8)(a) amended and (8)(a)(VII) added, p. 404, § 2, effective April 13. L. 2002: (8)(a)(VIII) added, p. 1744, § 16, effective June 7. L. 2003: (6.3)(c), (7)(b), and (8)(b) amended, p. 2055, § 1, effective May 22. L. 2004: (6.3)(a), (7)(a)(II)(A), and (8)(b) amended, p. 1518, § 1, effective May 28; (8)(a)(VIII) amended and (8)(a)(IX) added, p. 1648, § 57, effective July 1. L. 2006: (7) amended and (8.5) added, p. 1496, § 31, effective June 1. L. 2008: (8)(a)(VIII) amended, p. 1066, § 11, effective May 22.