(1) The Cumbres and Toltec scenic railroad commission may borrow money for the following purposes:
To make emergency repairs, replacements, or additions to the railroad or to any equipment or facilities related to the operation of the railroad; and
To make capital expenditures for the development or improvement of the railroad.
(2) The Cumbres and Toltec scenic railroad commission shall not enter into an agreement to borrow money unless a majority of the members approve a resolution which:
Specifies the amount of the loan;
Specifies the purposes of the loan; and
Authorizes the chairman of the commission to execute all documents on behalf of thecommission which may be necessary to negotiate and execute a loan from a financial institution.
At no time shall the amount of the money borrowed by the Cumbres and Toltecscenic railroad commission pursuant to the provisions of this section exceed two hundred fifty thousand dollars.
No loan made to the Cumbres and Toltec scenic railroad commission pursuant to theprovisions of this section shall create a debt of the state, nor shall such loan constitute a pledge of the general credit of the state or the commission. Such loan shall not constitute personal indebtedness of any member of the commission. No indebtedness entered into by the commission shall be secured by any type of security interest in the real or personal property of the railroad, nor shall such property be subject to any legal process to satisfy a judgment for the indebtedness in the event of nonpayment of the indebtedness.
The Cumbres and Toltec scenic railroad commission may pledge as security for therepayment of any indebtedness incurred and outstanding under the authority of this section all of the railroad user fees authorized to be charged pursuant to section 24-60-1907.
The commission may accept gifts, grants, contributions, or other funds from anysource for the repayment of any indebtedness incurred pursuant to this section.
Source: L. 90: Entire section added, p. 1258, § 1, effective July 1.