43-4-622. Exercise of authority powers by transportation planning organization.
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/co/title-43-transportation/article-4-financing/43-4-622·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)By adopting a resolution, the board of a transportation planning organization may authorize itself to exercise some or all of the powers of an authority set forth in this part 6 within the region or any portion of the region of the transportation planning organization.
(2)The exercise of the powers of an authority by a transportation planning organization is subject to all requirements and limitations set forth in this part 6 or any other law including, but not limited to:
(a)The notice requirements set forth in sections 43-4-603 (1), 43-4-613, and 43-4-614 (1);
(b)The intergovernmental agreement and services elimination requirements set forth in section 43-4-603 (1.5);
(c)The public hearing requirements set forth in section 43-4-603 (3);
(d)The limitations on the board delegating certain powers set forth in section 43-4-604 (1);
(e)All requirements set forth in this part 6 that require the consent of a county or municipality that is not a member of the transportation planning organization to operations, taxation, or other activities within its territory;
(f)All board super-majority voting requirements set forth in this part 6; and
(g)The voter approval requirements set forth in section 43-4-612.
(3)Before commencing construction of a regional transportation system, a transportation planning organization exercising the powers of an authority shall comply with the procedures and guidelines adopted by the transportation commission pursuant to section 43-1-128
(3)and analyze and document to the department of transportation the system's anticipated impacts on the achievement of the state greenhouse gas pollution goals set forth in section 25-7-102 (2)(g) and on compliance with applicable standards under the attainment program created and developed pursuant to part 3 of article 7 of title 25. Upon the request of a rural transportation planning organization, the department of transportation shall provide technical assistance to facilitate the completion of the analysis.
(4)Notwithstanding any provision of this part 6 to the contrary, a transportation planning organization may not exercise any of the powers of an authority within the boundaries of an existing authority without the prior approval of the board of the existing authority by adoption of a resolution by the affirmative vote of two-thirds of the directors of the board. The board of the existing authority shall file any such resolution adopted with the director of the division. The director of the division shall not issue the certificate required by section 43-4-603
(1)to a transportation planning organization, if the transportation planning organization is attempting to exercise the powers of an authority within the boundaries of an existing authority without the existing authority's duly adopted and filed resolution of approval.