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 12 - BUSINESS IMPROVEMENT DISTRICTS (§§ 31-25-1201 — 31-25-1228) › Section 31-25-1212 - General powers of district

(1)
The district has the following powers, except as limited by the operating plan:
(a)
To have perpetual existence;
(b)
To have and use a corporate seal;
(c)
To sue and be sued and be a party to suits, actions, and proceedings;
(d)
To enter into contracts and agreements, except as otherwise provided in this part 12, affecting the affairs of the district, including contracts with the United States and any of its agencies or instrumentalities;
(e)
To borrow money and incur indebtedness for the purposes of the district and evidence the same by certificates, warrants, notes, and debentures and to issue negotiable bonds in accordance with the provisions of this part 12;
(f)
To provide any of the following services within the district:
(I)
Consulting with respect to planning or managing development activities;
(II)
Maintenance of improvements, by contract, if it is determined to be the most cost-efficient;
(III)
Promotion or marketing of district activity;
(IV)
Organization, promotion, marketing, and management of public events;
(V)
Activities in support of business recruitment, management, and development;
(VI)
Security for businesses and public areas located within the district;
(VII)
Snow removal or refuse collection, by contract, if it is determined to be the most cost-efficient;
(VIII)
Providing design assistance;
(g)
To acquire, construct, finance, install, and operate the improvements contemplated by this part 12 and all property, rights, or interests incidental or appurtenant thereto and to dispose of real and personal property and any interest therein, including leases and easements in connection therewith;
(h)
To refund any bonds of the district pursuant to article
56
of title
11
, C.R.S.;
(i)
To have the management, control, and supervision of all the business and affairs of the district and of the acquisition, construction, financing, installation, and operation of district improvements and the financing and operation of district services therein;
(j)
To construct and install improvements across or along any public street, alley, or highway and to construct works across any stream of water or watercourse. The district shall promptly restore any such street or highway to its former state of usefulness as nearly as possible and shall not use the same in such manner as completely or unnecessarily to impair the usefulness thereof. The use and occupation of streets, alleys, and highways and the construction or installation of improvements by any district shall be in accordance with the provisions of all applicable municipal ordinances and state law and with such reasonable rules and regulations as may be prescribed by either the municipality affected or the department of transportation. Plans and specifications of proposed improvements shall be approved by the municipality before construction or installation of improvements is commenced. Plans and specifications of proposed district improvements across or along any street or highway which is part of the state highway system for which the department of transportation has jurisdiction shall be approved in writing by the department of transportation before such improvements may be constructed or installed. Such approval by the department of transportation, if granted, shall not relieve the district of any responsibility for such improvements.
(k)
To fix, and from time to time increase or decrease, rates, tolls, or charges for any services or improvements furnished by the district. The board may pledge such revenue for the payment of any bonds of the district. Until paid, all rates, tolls, or charges shall constitute a perpetual lien on and against the commercial property served within the boundaries of the district, and any such lien on personal property or any such lien on real property may be foreclosed in the same manner as provided in article
20
of title
38
, C.R.S., or article
22
of title
38
, C.R.S., respectively. The board may shut off or discontinue service for delinquencies in the payment of such rates, tolls, or charges or for delinquencies in the payment of taxes levied pursuant to this part 12 and shall prescribe and enforce rules and regulations for connecting with and disconnecting from such services and facilities.
(l)
To appoint an advisory board of owners of property within the boundaries of the district and provide for the duties and functions thereof;
(m)
To hire employees or retain agents, engineers, consultants, attorneys, and accountants;
(n)
To adopt and amend bylaws not in conflict with the constitution and laws of the state or with the ordinances of the municipality affected for carrying on the business, objects, and affairs of the board and of the district; and
(o)
To exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this part 12. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this part 12.
L. 88: Entire part added, p. 1135, § 1, effective May 6. L. 91: (1)(k) amended, p. 761, § 6, effective May 20; (1)(j) amended, p. 1070, § 43, effective July 1.