Section 32-12-103 - DefinitionsAs used in this article 12, unless the context otherwise requires:
(1) "Board" means the board of directors of a rail district.(2) "Chairman" means the chairman of the board.(3) "County" means a home rule or statutory county and includes a city and county.(3.5) "Eligible elector" or "elector" of a rail district means an individual qualified pursuant to section 32-1-103 (5).(4) "Municipality" means a home rule or statutory city or town, a territorial charter city, or a city and county.(5) "Population" means the population as estimated by the organizational commission or secretary of state, based upon census tract data or other officially compiled data.(6) "Publication" means printing, once a week for three consecutive weeks, by three publications in one or more newspapers of general circulation in the rail district or proposed rail district if there is such a newspaper and, if not, then in a newspaper in the county in which the rail district or proposed rail district is located. It is not necessary that publication be made on the same day of the week in each of the three weeks, but not less than twelve days, excluding the day of the first publication but including the day of the last publication, shall intervene between the first publication and the last publication, and publication shall be complete on the date of the last publication.(7) (Deleted by amendment, L. 92, p. 918, § 183, effective January 1, 1993.)(8) "Rail district" means a special district which may acquire and operate railroad facilities subject to the following:(a) Any such purchase of railroad facilities shall be:(I) From a railroad which is subject to the jurisdiction of a federal bankruptcy court pursuant to federal bankruptcy laws; or(II) From a railroad that has been granted the right to abandon such railroad facilities by the federal surface transportation board; and(III) Limited to a railroad facility which has been in operation within the five years prior to such purchase by a rail district.(b) Upon acquisition, any such railroad facility shall be operated to haul freight or passengers or both.(c) No rail district may be formed containing any area of the regional transportation district, created by article 9 of this title.(9) "Railroad facilities" or "facilities" means all property either real, personal, or mixed which is used or useful in the conduct of railroad services.(10) "Rates, fees, tolls, or charges" shall apply only to rates, fees, tolls, or charges required by a rail district and shall not apply to rates, fees, tolls, or charges which are prescribed by federal or other state laws or regulations and which are subject to the jurisdiction of federal or other state agencies.(11) "Regular special district election" means the election held on the Tuesday succeeding the first Monday of May in every odd-numbered year, as provided in section 32-1-103 (17), for the purpose of electing members of the board and for submission of other public questions, if any.(12) "Secretary" means the secretary of the board.(13) "Service" means a function or service which a rail district is authorized to provide in accordance with this article.(14) "Special election" means any election called by the board for submission of public questions, which election shall be held on a Tuesday other than a regular election day.Amended by 2018 Ch. 274, § 90, eff. 5/29/2018.Amended by 2018 Ch. 29, § 5, eff. 7/1/2022.L. 82: Entire article added, p. 503, § 1, effective April 23. L. 92: (3.5) added and (7), (11), and (14) amended, p. 918, § 183, effective 1/1/1993. L. 2001: (8)(a)(II) amended, p. 1276, § 43, effective June 5. L. 2018: IP and (11) amended, (HB 18-1039), ch. 29, p. 331, § 5, effective 7/1/2022.