reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 6 - IMPROVEMENT DISTRICTS IN MUNICIPALITIES (1949 ACT) › Section 31-25-621 - [Repealed]

L. 75: Entire title R&RE, p. 1209, § 1, effective July 1. L. 81: (1) amended, p. 1616, § 18, effective July 1. L. 99: Entire section repealed, p. 526, § 28, effective April 30.
This section was similar to former § 31-25-621 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 6 - IMPROVEMENT DISTRICTS IN MUNICIPALITIES (1949 ACT) › Section 31-25-622 - [Repealed]

L. 75: Entire title R&RE, p. 1209, § 1, effective July 1. L. 99: Entire section repealed, p. 526, § 28, effective April 30.
This section was similar to former § 31-25-622 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 6 - IMPROVEMENT DISTRICTS IN MUNICIPALITIES (1949 ACT) › Section 31-25-623 - [Repealed]

L. 75: Entire title R&RE, p. 1209, § 1, effective July 1. L. 81: Entire section amended, p. 1616, § 19, effective July 1. L. 99: Entire section repealed, p. 526, § 28, effective April 30.
This section was similar to former § 31-25-623 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 6 - IMPROVEMENT DISTRICTS IN MUNICIPALITIES (1949 ACT) › Section 31-25-624 - [Repealed]

L. 75: Entire title R&RE, p. 1210, § 1, effective July 1. L. 81: Entire section amended, p. 1616, § 20, effective July 1. L. 84: Entire section amended, p. 841, § 9, effective March 29. L. 99: Entire section repealed, p. 526, § 28, effective April 30.
This section was similar to former § 31-25-624 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 6 - IMPROVEMENT DISTRICTS IN MUNICIPALITIES (1949 ACT) › Section 31-25-625 - Procedure

Any district organized pursuant to this part 6 may be dissolved after notice is given and a hearing held in the manner prescribed by sections
31-25-606
and
31-25-607
. After hearing any protests against or objections to dissolution, if the board determines that it is for the best interests of all concerned to dissolve the district, it shall so provide by an effective ordinance, a certified copy of which shall be filed in the office of the county clerk and recorder in each of the counties in which the district or part thereof is located. Upon such filing, the dissolution shall be complete. However, no district shall be dissolved until it has satisfied or paid in full all of its outstanding indebtedness, obligations, and liabilities or until funds are on deposit and available therefor.
L. 75: Entire title R&RE, p. 1210, § 1, effective July 1.
This section is similar to former § 31-25-625 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 6 - IMPROVEMENT DISTRICTS IN MUNICIPALITIES (1949 ACT) › Section 31-25-626 - Correction of faulty notices

In any case where a notice is provided for in this part 6, if the governing body finds for any reason that due notice was not given, the governing body shall not thereby lose jurisdiction and the proceeding in question shall not thereby be void or be abated, but the governing body, in that case, shall order due notice given and shall continue the proceeding until such time as notice is properly given and thereupon shall proceed as though notice had been properly given in the first instance.
L. 75: Entire title R&RE, p. 1210, § 1, effective July 1.
This section is similar to former § 31-25-626 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 6 - IMPROVEMENT DISTRICTS IN MUNICIPALITIES (1949 ACT) › Section 31-25-627 - Early hearings

All actions in which there arises a question of the validity of the organization of a district or a question of the validity of any proceeding under this part 6 shall be advanced as a matter of immediate public interest and concern and shall be heard at the earliest practicable moment.
L. 75: Entire title R&RE, p. 1210, § 1, effective July 1.
This section is similar to former § 31-25-627 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 6 - IMPROVEMENT DISTRICTS IN MUNICIPALITIES (1949 ACT) › Section 31-25-628 - Construction

This part 6, being necessary to secure and preserve the public health, safety, convenience, and welfare, shall be liberally construed to effect its purposes.
L. 75: Entire title R&RE, p. 1210, § 1, effective July 1.
This section is similar to former § 31-25-628 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 6 - IMPROVEMENT DISTRICTS IN MUNICIPALITIES (1949 ACT) › Section 31-25-629 - Municipal jurisdiction unimpaired

Nothing in this part 6 shall affect or impair the control and jurisdiction which a municipality has over all property within its boundaries. All powers granted by this part 6 shall be subject to such control and jurisdiction.
L. 75: Entire title R&RE, p. 1210, § 1, effective July 1.
This section is similar to former § 31-25-629 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 6 - IMPROVEMENT DISTRICTS IN MUNICIPALITIES (1949 ACT) › Section 31-25-630 - Method not exclusive

No part of this part 6 shall repeal or affect any other law or any part thereof, it being intended that this part 6 shall provide a separate method of accomplishing its objects and not an exclusive one.
L. 75: Entire title R&RE, p. 1211, § 1, effective July 1.
This section is similar to former § 31-25-630 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 6 - IMPROVEMENT DISTRICTS IN MUNICIPALITIES (1949 ACT) › Section 31-25-632 - Exemption from taxation - securities laws

The income or other revenues of the district, any property owned by the district, any bonds issued by the district, and the transfer of and any income from any bonds issued by the district shall be exempt from all taxation and assessments by the state. In the resolution authorizing the bonds, the district may waive the exemption from federal income taxation for any interest on the bonds.
L. 99: Entire section added, p. 524, § 27, effective April 30.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 6 - IMPROVEMENT DISTRICTS IN MUNICIPALITIES (1949 ACT) › Section 31-25-633 - Limitation of actions

Any legal or equitable action brought with respect to any acts or proceedings of the district, the creation of a district, the authorization of any bonds, or any other action taken under this part 6 shall be commenced within thirty days after the performance of such action or else shall be thereafter perpetually barred.
L. 99: Entire section added, p. 524, § 27, effective April 30. L. 2002: Entire section amended, p. 278, § 21, effective August 7.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 7 - CEMETERIES (§§ 31-25-701 — 31-25-708) › Section 31-25-701 - Definitions

As used in this part 7, unless the context otherwise requires:
(1)
"Burial space" means a lot or portion thereof in any cemetery designed and intended for the interment of a human body but not used for such purpose.
(2)
"Cemetery" means any cemetery owned, managed, or controlled by any municipality in this state.
(3)
"Owner" means any person owning or possessing the privilege, license, or right of interment in any burial space.
L. 75: Entire title R&RE, p. 1211, § 1, effective July 1.
This section is similar to former § 31-12-601 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 7 - CEMETERIES (§§ 31-25-701 — 31-25-708) › Section 31-25-702 - Power to establish cemeteries

The governing body of any municipality has power to establish and regulate cemeteries within or without the municipality, to acquire lands therefor, by purchase or otherwise, and to cause cemeteries to be removed and prohibit their establishment within one mile of the municipality.
L. 75: Entire title R&RE, p. 1211, § 1, effective July 1.
This section is similar to former § 31-12-101 (32) as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 7 - CEMETERIES (§§ 31-25-701 — 31-25-708) › Section 31-25-704 - Hearing and decree

On the day set for hearing of the petition or on any subsequent day to which the hearing of the cause is continued, the proofs and allegations of the parties shall be presented to the court. If the court determines that the owner has failed and neglected for a period of five years next prior to the filing of said petition to comply with the ordinances, rules, and regulations relating to the maintenance and care of said burial space, a decree shall be entered accordingly forfeiting, terminating, or foreclosing the right, title, and interest of such owner in and to said burial space, subject to the provisions of this part 7. The decree shall fix a reasonable attorney fee for and recite the costs of said proceeding and shall further provide that title to said burial space shall be vested in the municipality, which municipality shall have the right to resell said burial space and to use the proceeds derived from such sale in the manner and for the purposes provided by law or ordinance for funds derived from sale of burial lots or spaces.
L. 75: Entire title R&RE, p. 1212, § 1, effective July 1.
This section is similar to former § 31-12-603 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 7 - CEMETERIES (§§ 31-25-701 — 31-25-708) › Section 31-25-705 - Fees and costs

The docket fees, court costs, and other fees and costs charged and collected for the proceeding provided for by this part 7 shall be the same as the fees and costs that are provided for by law in actions concerning title to real property. Any municipality has the right to pay all costs, attorney's fees, and expenses of such proceeding under this part 7 from any funds available.
L. 75: Entire title R&RE, p. 1212, § 1, effective July 1.
This section is similar to former § 31-12-604 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 7 - CEMETERIES (§§ 31-25-701 — 31-25-708) › Section 31-25-706 - Used burial space proviso

Nothing in this part 7 shall authorize the forfeiture, termination, or foreclosure of rights or interests in and to any burial space that has been used for interment nor shall any such space be subject to resale under the provisions of this part 7.
L. 75: Entire title R&RE, p. 1212, § 1, effective July 1.
This section is similar to former § 31-12-605 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 7 - CEMETERIES (§§ 31-25-701 — 31-25-708) › Section 31-25-707 - Joint proceedings

Any number of separate burial spaces or lots and any number of separate owners may be joined in one proceeding under this part 7.
L. 75: Entire title R&RE, p. 1212, § 1, effective July 1.
This section is similar to former § 31-12-606 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 7 - CEMETERIES (§§ 31-25-701 — 31-25-708) › Section 31-25-708 - Abandoned burial sites - right to reclaim

(1)
If there is a burial space in a cemetery in which no remains have been interred, no burial memorial has been placed, and no other improvement has been made for a continuous period of no less than seventy-five years, the governing body of the municipality may initiate the process of reclaiming title to the burial space in accordance with this section.
(2)
The governing body of a municipality seeking to reclaim a burial space shall:
(a)
Send written notice of the municipality's intent to reclaim title to the burial space to the owner's last-known address by first-class mail; and
(b)
Publish a notice of the municipality's intent to reclaim title to the burial space in a newspaper of general circulation in the area in which the cemetery is located once per week for four weeks.
(3)
The notice required by subsection (2) of this section shall clearly indicate that the municipality intends to terminate the owner's rights and title to the burial space and include a recitation of the owner's right to notify the municipality of the owner's intent to retain ownership of the burial space.
(4)
If the governing body of the municipality does not receive from the owner of the burial space a letter of intent to retain ownership of the burial space within sixty days after the last publication of the notice required by paragraph (b) of subsection (2) of this section, all rights and title to the burial space shall transfer to the municipality. The municipality may then sell, transfer, or otherwise dispose of the burial space without risk of liability to the prior owner of the burial space.
(5)
A municipality that reclaims title to a burial space in accordance with this section shall retain in its records for no less than one year a copy of the notice sent pursuant to paragraph (a) of subsection (2) of this section and a copy of the notice published pursuant to paragraph (b) of subsection (2) of this section.
(6)
If a person submits to the governing body of a municipality a legitimate claim to a burial space that the governing body has reclaimed pursuant to this section, the governing body shall transfer to the person at no charge a burial space that, to the extent possible, is equivalent to the reclaimed burial space.
(7)
Notwithstanding any provision of law to the contrary, on and after August 7, 2006, the governing body of a municipality shall not convey title to the real property surveyed as a lot in a cemetery for use as a burial space. The governing body of a municipality may grant interment rights to a burial space in a cemetery.
L. 2006: Entire section added, p. 444, § 4, effective August 7.
Section 5 of chapter 128, Session Laws of Colorado 2006, provides that the act enacting this section applies to cemetery lots, grave spaces, niches, and crypts purchased before, on, or after August 7, 2006.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 8 - DOWNTOWN DEVELOPMENT AUTHORITIES (§§ 31-25-801 — 31-25-822) › Section 31-25-801 - Legislative declaration

(1)
The general assembly declares that the organization of downtown development authorities having the purposes and powers provided in this part 8 will serve a public use; will promote the health, safety, prosperity, security, and general welfare of the inhabitants thereof and of the people of this state; will halt or prevent deterioration of property values or structures within central business districts, will halt or prevent the growth of blighted areas within such districts, and will assist municipalities in the development and redevelopment of such districts and in the overall planning to restore or provide for the continuance of the health thereof; and will be of especial benefit to the property within the boundaries of any authority created pursuant to the provisions of this part 8.
(2)
The general assembly determines, finds, and declares that because of a number of atypical factors and special conditions concerning downtown development unique to each locality, the rule of strict construction shall have no application to this part 8, but it shall be liberally construed to effect the purposes and objects for which it is intended.
L. 76: Entire part added, p. 701, § 1, effective April 26. L. 77: (1) amended, p. 1472, § 1, effective June 19. L. 81: (1) amended, p. 1517, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 8 - DOWNTOWN DEVELOPMENT AUTHORITIES (§§ 31-25-801 — 31-25-822) › Section 31-25-803 - Powers of governing body

The governing body of every municipality in this state may create and establish a downtown development authority, pursuant to the provisions of this part 8, which authority shall have all the powers provided in this part 8 that are authorized by the ordinance, or any amendment thereto, authorizing such authority and which, when established, shall be a body corporate and capable of being a party to suits, proceedings, and contracts, the same as municipalities in this state. Any such authority may be dissolved by ordinance of the governing body, if there is no outstanding indebtedness of the authority or if adequate provision for the payment of such indebtedness has been provided.
L. 76: Entire part added, p. 702, § 1, effective April 26.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 8 - DOWNTOWN DEVELOPMENT AUTHORITIES (§§ 31-25-801 — 31-25-822) › Section 31-25-804 - Organizational procedure - election

(1)
When the governing body of a municipality determines it is necessary to establish a downtown development authority for the public health, safety, prosperity, security, and welfare and to carry out the purposes of an authority as stated in section
31-25-801
, it shall by ordinance submit, at the next regular election or at a special election called for that purpose, the question of the establishment of a downtown development authority. In the ordinance submitting said question, the governing body shall state the boundaries of the downtown development district within which the authority shall exercise its powers and may provide for submission to the voters of any local government matters arising under section 20 of article X of the state constitution, as defined in section
1-41-103(4)
, C.R.S. If any such matters are to be submitted to the voters, the election shall be conducted at the time and in the manner required by section 20 of article X of the state constitution. If a majority of the qualified electors voting at the election vote for the establishment of a downtown development authority, the authority shall be established pursuant to the provisions of this part 8.
(2)
Any ordinance creating a downtown development authority shall provide that any ordinance or resolution by which bonds are issued pursuant to this part 8 shall specify the maximum net effective interest rate of such bonds.
L. 76: Entire part added, p. 702, § 1, effective April 26. L. 77: Entire section amended, p. 1473, § 3, effective June 19. L. 81: (1) amended, p. 1518, § 4, effective July 1. L. 94: (1) amended, p. 1193, § 96, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 8 - DOWNTOWN DEVELOPMENT AUTHORITIES (§§ 31-25-801 — 31-25-822) › Section 31-25-806 - Board membership - qualifications - nominations - rules - removal

(1)
Each appointed member of the board, except any member from the governing body, shall reside, be a business lessee, or own real property in the downtown development district within the municipality in which the authority is located. A manager, as that term is defined in section
7-90-102
, C.R.S., an agent, or an employee of an entity, as that term is defined in section
7-90-102
, C.R.S., having its place of business in the downtown development district shall be eligible for appointment to the board. No officer or employee of the municipality where the authority is located, other than any appointee from the governing body, shall be eligible for appointment to the board. Within thirty days after the occurrence of a vacancy, the governing body, except as provided in section
31-25-805(3)
, shall appoint a successor.
(2)
Before assuming the duties of the office, each appointed member shall qualify by taking and subscribing to the oath of office required of officials of the municipality.
(3)
The board shall adopt and promulgate rules governing its procedure, including election of officers, and said rules shall be filed in the office of the clerk. The board shall hold regular meetings in the manner provided in the rules of the board. Special meetings may be held when called in the manner provided in the rules of the board. All meetings of the board shall be open to the public except those dealing with land acquisition or sales, personnel matters, or legal matters. Members of the board shall serve without compensation, but they may be reimbursed for actual and necessary expenses.
(4)
After notice and an opportunity to be heard, an appointed member of the board may be removed for cause by the governing body.
L. 76: Entire part added, p. 703, § 1, effective April 26. L. 2009: (1) amended, (HB 09-1248), ch. 252, p. 1136, §22, effective May 14.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 8 - DOWNTOWN DEVELOPMENT AUTHORITIES (§§ 31-25-801 — 31-25-822) › Section 31-25-809 - Authorization of bonds

(1)
By ordinance adopted by the governing body at a regular or special meeting, by a vote of a majority of the members of the governing body, the municipality may issue bonds, payable solely from revenues or from taxes pledged pursuant to section
31-25-807(3)(b)
or from both such revenues and taxes, to pay all or any part of the cost of any project or for furthering any purpose of this part 8.
(2)
The governing body, in determining such costs, may include all costs and estimated costs of the issuance of said bonds; all engineering, inspection, fiscal, and legal expenses; any discount on the sale of the bonds; the cost of any financial, professional, or other expert advice; contingencies; any administrative, operating, or other expenses of the municipality incurred pursuant to the issuance of such bonds, as may be determined by the governing body; all such other expenses as may be necessary or incident to the financing, acquisition, improvement, equipment, and completion of any development project or for furthering any purpose of this part 8; sufficient provision of reserves for working capital, operation, or maintenance or replacement expense or for payment or security of principal of or interest on any bonds during or after an acquisition or improvement and equipment as the governing body may determine; and reimbursements to any governmental agency or instrumentality for any moneys expended pursuant to agreement on any project or for furthering any purpose of this part 8.
(3)
In each such project financed by the proceeds of bonds issued under this part 8, the governing body shall determine the costs of, and may budget a percentage therefrom for, operation and administration of the total cost of the actual project.
(4)
The proceeds of the bonds may be expended by the municipality or, with the consent of the municipality, by the authority as agent for, and on behalf of, the municipality. If the proceeds of the bonds are applied for the acquisition of real or personal properties, the governing body may:
(a)
Retain title to such properties in its own name and lease or grant licenses or privileges in such properties to the authority in order that the authority may, as principal or agent, exercise its powers with respect to such properties; or
(b)
Convey title to such properties to the authority for such consideration and subject to such terms and conditions as the governing body may prescribe without regard to any restriction, limitation, or condition otherwise imposed by statute on the sale or disposition of such properties by a municipality.
L. 76: Entire part added, p. 705, § 1, effective April 26. L. 77: Entire section amended, p. 1476, § 6, effective July 1. L. 81: (4) added, p. 1521, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 8 - DOWNTOWN DEVELOPMENT AUTHORITIES (§§ 31-25-801 — 31-25-822) › Section 31-25-812 - Tax exemption

The bonds and the income therefrom shall be exempt from taxation, except inheritance, estate, and transfer taxes.
L. 76: Entire part added, p. 708, § 1, effective April 26.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 8 - DOWNTOWN DEVELOPMENT AUTHORITIES (§§ 31-25-801 — 31-25-822) › Section 31-25-813 - No municipal liability on bonds

Bonds issued pursuant to this part 8 shall not constitute an indebtedness of the municipality within the meaning of any constitutional or statutory limitations. Each bond issued pursuant to this part 8 shall recite in substance that said bond, including interest thereon, is payable solely from the revenues or special funds pledged to the payment thereof and that said bond does not constitute a debt of the municipality within the meaning of any constitutional or statutory limitations.
L. 76: Entire part added, p. 708, § 1, effective April 26. L. 77: Entire section amended, p. 1477, § 9, effective June 19.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 8 - DOWNTOWN DEVELOPMENT AUTHORITIES (§§ 31-25-801 — 31-25-822) › Section 31-25-813.5 - Limitation of actions

After the expiration of thirty days from the effective date of any ordinance or resolution authorizing the issuance of bonds pursuant to this part 8, all actions or suits attacking its findings, determinations, or contents or challenging the validity of the bonds shall be perpetually barred.
L. 77: Entire section added, p. 1477, § 10, effective June 19.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 8 - DOWNTOWN DEVELOPMENT AUTHORITIES (§§ 31-25-801 — 31-25-822) › Section 31-25-814 - Remedies of bondholders

(1)
Subject to any contractual limitations binding upon the holders of any issue of bonds or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds or trustee therefor has the right and power, for the equal benefit and protection of all holders of bonds similarly situated:
(a)
By an action in the nature of mandamus or other suit, action, or proceeding at law or in equity to enforce his rights against the municipality and to require and compel the governing body to perform its duties and obligations under this part 8 and its covenants and agreements with the bondholders;
(b)
By action or suit in equity to require the governing body to account as if they were the trustees of an express trust;
(c)
By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders;
(d)
To bring suit upon the bonds.
(2)
No right or remedy conferred by this part 8 upon any holder of bonds or any trustee therefor is intended to be exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this part 8 or by any other law.
L. 76: Entire part added, p. 708, § 1, effective April 26. L. 77: (1)(a) and (1)(b) amended, p. 1478, § 11, effective June 19.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 8 - DOWNTOWN DEVELOPMENT AUTHORITIES (§§ 31-25-801 — 31-25-822) › Section 31-25-816 - Funding - budget

(1)
The authority shall adopt a budget for each fiscal year, shall maintain accounts, and shall cause an annual audit to be made pertaining to the fiscal affairs of the authority. Administrative review of the proposed budget shall be in accordance with the policies of each municipality, prior to submission of the proposed budget to the governing body for approval.
(2)
The operations of the authority shall be principally financed from the following sources and such other sources as may be approved by the governing body:
(a)
Donations to the authority for the performance of its functions;
(b)
Proceeds of an ad valorem tax, not exceeding five mills on the valuation for assessment of property in the downtown development area designated by the governing body;
(c)
Moneys borrowed and to be repaid from other funds received under the authority of this part 8.
L. 76: Entire part added, p. 710, § 1, effective April 26.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 8 - DOWNTOWN DEVELOPMENT AUTHORITIES (§§ 31-25-801 — 31-25-822) › Section 31-25-817 - Ad valorem tax

The governing body may impose and levy an ad valorem tax on all real and personal property in the downtown development district not exceeding five mills on the valuation for assessment of such property for the purposes set forth in section
31-25-807
, nondebt funded expenditures allowed under section
31-25-808(1)(a) and (1)(b)
, and budgeted operations of the authority. This levy shall be in addition to the regular ad valorem taxes and special assessments for improvements imposed by the governing body. The tax collector shall transmit funds so collected to the appropriate officer of the municipality responsible for the handling of the public money who shall deposit same in the municipal treasury to the credit of the authority. Such funds shall be used for no purpose other than those purposes authorized by this part 8 and upon approval of the board, pursuant to vouchers signed by the designated officer of the authority. The funds of the authority shall be secured as other public funds are secured. Other moneys received by the authority shall forthwith be deposited in the municipal treasury to the credit of the authority, subject to disbursement as authorized by this part 8.
L. 76: Entire part added, p. 710, § 1, effective April 26.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 8 - DOWNTOWN DEVELOPMENT AUTHORITIES (§§ 31-25-801 — 31-25-822) › Section 31-25-818 - Assessments

The governing body shall have the power to assess against the funds of the authority for the use and benefit of the general fund of the municipality a reasonable pro rata share of such funds for the cost of handling and auditing, which assessment when made shall be paid annually by the board pursuant to an appropriate item in its budget.
L. 76: Entire part added, p. 710, § 1, effective April 26.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 8 - DOWNTOWN DEVELOPMENT AUTHORITIES (§§ 31-25-801 — 31-25-822) › Section 31-25-819 - Conflict of interest

No board member nor any employee of the board shall vote or otherwise participate in any matter in which he has a specific financial interest, defined as a matter in which the member or employee would receive a benefit or incur a cost substantially greater than other property owners within the district. When such interest appears, it is the duty of the board member or employee to make such interest known, and he shall thenceforth refrain from voting on or otherwise participating in the particular transaction involving such interest. Willful violation of the provisions of this section constitutes malfeasance on the part of a member of the board and is grounds for instant dismissal of any employee. The governing body may by ordinance provide for automatic forfeiture of office by a board member for violation of this section.
L. 76: Entire part added, p. 710, § 1, effective April 26.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 8 - DOWNTOWN DEVELOPMENT AUTHORITIES (§§ 31-25-801 — 31-25-822) › Section 31-25-820 - Construction

All powers conferred upon municipalities by this part 8 are and shall be cumulative and in addition to those conferred by any other general or special law or municipal charter or ordinance and shall be liberally construed to effectuate the purposes of this part 8. This part 8 is an alternative method of accomplishing its purposes independent of and in addition to any other powers conferred upon municipalities electing to exercise the authority granted by this part 8.
L. 76: Entire part added, p. 711, § 1, effective April 26.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 8 - DOWNTOWN DEVELOPMENT AUTHORITIES (§§ 31-25-801 — 31-25-822) › Section 31-25-821 - Property subject to debt

Subject to section
31-25-807
, all real and personal property located within the district shall continue to be subject to ad valorem taxes levied by the municipality to pay the principal and interest on all existing general obligation debts of the municipality and any future debts which may be authorized by law.
L. 76: Entire part added, p. 711, § 1, effective April 26. L. 77: Entire section amended, p. 1478, § 12, effective June 19.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 8 - DOWNTOWN DEVELOPMENT AUTHORITIES (§§ 31-25-801 — 31-25-822) › Section 31-25-822 - Inclusion of additional property

Subsequent to the organization of an authority, additional property may be included in the district. Proceedings for inclusion shall be initiated by petition to the board of the authority signed by the owner or owners in fee of each parcel of land adjacent to the existing district sought to be included. Any such petition shall include evidence satisfactory to the board concerning title to the property and an accurate legal description thereof. If the board approves said application, it shall then submit the same to the governing body of the municipality. If the governing body also approves said application, it shall then, at a regular or special meeting by amendment to the ordinance treating the authority, redescribe the district so as to include the additional property as described in the petition. From the effective date of said amendment such additional property shall be included within the district and shall be subject to any taxes thereafter imposed by the municipality for the use and benefit of the authority.
L. 77: Entire section added, p. 1478, § 13, effective June 19.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 9 - ESTABLISHMENT OF PUBLIC AUTHORITIES BY MUNICIPALITIES - ENERGY RESOURCES (§§ 31-25-901 — 31-25-910) › Section 31-25-901 - Legislative declaration

(1)
The general assembly hereby declares that decreasing supplies of energy resources and the increasing cost thereof is causing severe financial burdens and constitutes a threat to the health and welfare of the citizens of this state and that it is in the public interest that the development of alternative sources of energy proceed expeditiously to avert energy shortages and threats to the public health and welfare.
(2)
To encourage the use and development by municipalities of alternate energy resources in the form of unconventional gas supplies for the use of the inhabitants of the municipalities of this state and for all citizens as alternate fuels for use by municipal utilities and others, the powers of municipalities are hereby expanded to authorize the formation of authorities for the purpose of financing municipal operations for the exploration, development, and production of unconventional gas, the use thereof for the purposes of municipal utilities, and the marketing and sale thereof to others.
L. 80: Entire part added, p. 658, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 9 - ESTABLISHMENT OF PUBLIC AUTHORITIES BY MUNICIPALITIES - ENERGY RESOURCES (§§ 31-25-901 — 31-25-910) › Section 31-25-902 - Duties of authority - development and financing of unconventional gas supplies

(1)
An authority formed pursuant to this part 9, referred to in this part 9 as the "authority", shall be known as a municipal energy finance authority. Its duties shall include the financing of municipal operations for the exploration, development, and production of unconventional gas, as defined in this section, for the purposes specified in section
31-25-901
.
(2)
For the purposes of this part 9, "unconventional gases" means gases which are predominantly methane, not obtained from ordinary, porous sands; and which generally are said to be in tight sands and shales where permeability is low, in coal beds where pressure is low, and in geopressured sediments, or gas from all sources other than sandstone or limestone with permeability less than one millidarcy. "Unconventional gases" also includes gases which are predominantly methane obtained from or in connection with wastewater treatment operations.
L. 80: Entire part added, p. 659, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 9 - ESTABLISHMENT OF PUBLIC AUTHORITIES BY MUNICIPALITIES - ENERGY RESOURCES (§§ 31-25-901 — 31-25-910) › Section 31-25-903 - Formation of authority by municipality

The governing board of any municipality, referred to in this part 9 as the "governing body", may create and establish a municipal energy finance authority by the passage of an ordinance therefor. The authority shall have all the powers provided in this part 9 that are authorized by the ordinance, or any amendment thereto, authorizing such authority. When established, the authority shall be a body corporate, and capable of being a party to suits, proceedings, and contracts, the same as municipalities in this state. Any such authority may be dissolved by ordinance of the governing body, if there are no outstanding bonds or other obligations of the authority or if adequate provision for the payment of such bonds or obligations has been provided.
L. 80: Entire part added, p. 659, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 9 - ESTABLISHMENT OF PUBLIC AUTHORITIES BY MUNICIPALITIES - ENERGY RESOURCES (§§ 31-25-901 — 31-25-910) › Section 31-25-904 - Board - membership - term of office

(1)
The affairs of the authority shall be under the direct supervision and control of a board, which is referred to in this part 9 as the "board", consisting of five members appointed by the governing body.
(2)
The board shall be constituted as follows:
(a)
At least one member shall be a member of the governing body, appointed to serve at the pleasure of the governing body.
(b)
Two members shall be appointed for terms expiring June 30 of the year following the date of the ordinance adopted by the governing body establishing the authority.
(c)
Two members shall be appointed for terms expiring June 30 of the second year following the date of the ordinance adopted by the governing body establishing the authority.
(3)
A member shall hold office until his successor has been appointed and qualified. After the terms of the initial members of the board have expired, the terms of all members, except any member who is a member of the governing body, shall expire four years from the expiration date of the terms of their predecessors. Appointments to fill vacancies shall be for the unexpired term. In any municipality in which the charter provides that the appointive authority is the mayor, the mayor shall make appointments to the board.
L. 80: Entire part added, p. 659, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 9 - ESTABLISHMENT OF PUBLIC AUTHORITIES BY MUNICIPALITIES - ENERGY RESOURCES (§§ 31-25-901 — 31-25-910) › Section 31-25-905 - Board membership - qualifications - nominations - rules - removal

(1)
Each appointed member of the board, except any member from the governing body, shall be a registered elector of the municipality. No officer or employee of the municipality where the authority is located, other than any appointee from the governing body, shall be eligible for appointment to the board. Within thirty days after the occurrence of a vacancy, the governing body, except as provided in section
31-25-904(3)
, shall appoint a successor.
(2)
Before assuming the duties of the office, each appointed member shall qualify by taking and subscribing to the oath of office required of officials of the municipality.
(3)
The board shall adopt and promulgate rules governing its procedure, including election of officers, and said rules shall be filed in the office of the municipal clerk. The board shall hold regular meetings in the manner provided in the rules of the board. Special meetings may be held when called in the manner provided in the rules of the board. All meetings of the board shall be open to the public except those dealing with land acquisition or sales, personnel matters, or legal matters.
(4)
After notice and an opportunity to be heard, an appointed member of the board may be removed for cause by the governing body.
L. 80: Entire part added, p. 660, § 1, effective July 1. L. 87: (1) amended, p. 332, § 98, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 9 - ESTABLISHMENT OF PUBLIC AUTHORITIES BY MUNICIPALITIES - ENERGY RESOURCES (§§ 31-25-901 — 31-25-910) › Section 31-25-906 - Powers - duties of board

(1)
Subject to the provisions of this part 9 and subject to other applicable provisions of law, the board shall have all powers customarily vested in the board of directors of a corporation. It shall appoint a director, who shall recommend the hiring of such staff as may be required. The board shall exercise supervisory control over the activities of the director and the staff of the authority in carrying out the functions authorized by this part 9.
(2)
In addition to the powers granted by subsection (1) of this section, the board, acting on behalf of the authority, shall also have the power:
(a)
To conduct investigations for the purposes of locating reserves of unconventional gas and the means and methods of exploring, developing, and producing such gas;
(b)
To take over, by purchase, lease, or otherwise, any project undertaken by any government or by the municipality; except that such takeover shall not interfere with the normal use of any real property, or other property appurtenant thereto, which is devoted or dedicated to a public utility use;
(c)
To act as agent for the federal government in connection with the acquisition, construction, operation, or management of the project or any part thereof.
(3)
To the extent authorized by the governing body, the board may provide, out of project funds, for the compensation and the reimbursement of actual and necessary expenses of the board of the authority.
L. 80: Entire part added, p. 660, § 1, effective July 1.