2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › FLOOD CONTROL (§§ 30-30-101 — 30-31-118) › Article 31 - COUNTY REVITALIZATION (§§ 30-31-101 — 30-31-118) › Section 30-31-104 - [Effective 8/7/2024] County revitalization authority

(1)
(a)
Any twenty-five registered electors of a county may file a petition with the governing body or its designee, or the governing body may adopt a resolution, setting forth that there is a need for a county revitalization authority in the county.
(b)
(I)
Upon the filing of a petition or the adoption of a resolution described in subsection (1)(a) of this section, a county shall give notice of the time, place, and purpose of a public hearing where the governing body will determine the need for the county revitalization authority in the county. This notice must also include a general description of the land that would be part of the county revitalization area. The county must give this notice to every municipality within three miles of the proposed authority at least thirty days before the hearing.
(II)
A county shall provide the notice described in this subsection (1)(b) at its own expense by publishing the notice at least thirty days preceding the day on which the hearing is to be held in a newspaper having a general circulation in the county or, if there is no such newspaper, by posting the notice in at least three public places within the county at least thirty days preceding the day on which the hearing is to be held.
(III)
At the hearing held pursuant to the notice described in this subsection (1)(b), the governing body shall grant a full opportunity to be heard to all county residents, taxpayers, municipalities within three miles of the proposed authority, and other interested persons.
(c)
After the hearing held pursuant to the notice described in subsection (1)(b) of this section, the governing body shall adopt a resolution finding a need for and creating the county revitalization authority if the governing body:
(I)
Determines that there are one or more revitalization areas in the county outside of existing urban renewal authorities;
(II)
Determines that the acquisition, Clearance, rehabilitation, conservation, development, redevelopment, or any combination thereof of such revitalization areas is necessary and in the interest of the public health, safety, or welfare of the county residents; and
(III)
Declares it to be in the public interest that the county revitalization authority be created and exercises the powers provided in this article 31.
(d)
(I)
If the governing body adopts a resolution in accordance with subsection (1)(c) of this section, the governing body shall appoint authority commissioners as provided in subsection (2) of this section.
(II)
If the governing body, after a hearing held pursuant to subsection (1)(b) of this section, determines that it cannot make the determinations and declaration enumerated in subsection (1)(c) of this section, it shall adopt a resolution denying the petition filed pursuant to subsection (1)(a) of this section. Only beginning six months after the denial of such a petition may registered electors file subsequent petitions with the governing body or its designee, setting forth that there is a need for the county revitalization authority in the county.
(2)
(a)
(I)
An authority consists of no fewer than three and no more than eight authority commissioners.
(II)
(A)
If at least one taxing entity has joined the authority pursuant to subsection (6) of this section, one authority commissioner must be a board member of a special district selected by agreement of the special districts levying a mill levy within the boundaries of the county revitalization authority area that have joined the county revitalization authority.
(B)
If no special district appoints an authority commissioner, then the special district appointment remains vacant until the applicable appointing authority makes the appointment pursuant to this subsection (2)(a).
(III)
If the governing body appoints an even number of authority commissioners, the governing body shall designate an authority commissioner as the authority commissioner who casts the deciding vote in the case of an otherwise tie vote.
(b)
(I)
Authority commissioner terms are for four years; except that the governing body shall assign terms of four years or fewer for the initial authority commissioners so that authority commissioners serve for staggered terms.
(II)
The governing body shall fill authority commissioner vacancies, other than those that occur due to the expiration of terms, for the remaining unexpired term; except that a vacancy of the special district-appointed seat must be filled by agreement of the affected special districts.
(III)
An authority commissioner holds office until the governing body appoints the authority commissioner's qualified successor.
(c)
(I)
The governing body shall designate the chairperson for the first year of the authority. When the office of the first chairperson of the authority becomes vacant and annually thereafter, the authority shall select a chairperson and vice-chairperson from among its members.
(II)
An authority may employ a secretary, an executive director, technical experts, and such other officers, agents, and employees as it may require and shall determine their qualifications, duties, and compensation.
(III)
An authority may call upon the county attorney and employ its own counsel and legal staff for legal services.
(IV)
An authority may delegate powers and duties to one or more of its agents or employees as it deems proper.
(d)
The governing body shall file with the county clerk and recorder a certificate of the appointment or reappointment of any authority commissioner, and the certificate is conclusive evidence of the due and proper appointment of the authority commissioner.
(e)
An authority commissioner receives no compensation for services rendered, but is entitled to reimbursement for necessary expenses, including traveling expenses, incurred in the discharge of the duties described in this article 31.
(f)
A majority of the authority commissioners constitutes a quorum.
(3)
(a)
(I)
Upon appointment as an authority commissioner, an authority commissioner shall file a certificate with the division of local government in the department of local affairs setting forth that the governing body, after the hearing required by subsection (1)(b) of this section, made the findings and declaration required in subsection (1)(c) of this section and appointed the authority commissioner.
(II)
Upon an authority commissioner filing such a certificate, the authority commissioner and any successor constitutes the county revitalization authority, which is a body corporate and politic.
(b)
In any suit, action, or proceeding involving the validity or enforcement of any bond, contract, mortgage, trust indenture, or other agreement of the authority, the authority must be conclusively deemed to have been established in accordance with the provisions of this article 31 upon proof of the filing of the certificate described in this subsection (3). A copy of the certificate, duly certified by the director of the division of local government in the department of local affairs, is admissible in evidence in any such suit, action, or proceeding.
(4)
(a)
(I)
Neither any authority commissioner, authority officer, or employee of an authority nor any immediate family member of any such authority commissioner, officer, or employee may acquire any interest, direct or indirect, in any county revitalization project or in any property included or planned to be included in any county revitalization project.
(II)
An authority commissioner shall not have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any county revitalization project.
(b)
(I)
(A)
If an authority commissioner, authority officer, or employee of an authority owns or controls an interest, direct or indirect, in any property included or planned to be included in the county revitalization project, the authority commissioner shall immediately disclose the interest in writing to the authority. The disclosure must be entered upon the minutes of the authority.
(B)
Upon a disclosure made pursuant to subsection (4)(b)(I)(A) of this section, the authority commissioner, officer, or other employee shall not participate in any action by the authority affecting the carrying out of the county revitalization project planning or the undertaking of the project, unless the authority determines that, notwithstanding the personal interest, the participation of the authority commissioner, officer, or employee would not be contrary to the public interest.
(II)
Acquisition or retention of any interest described in subsection (4)(b)(I)(A) of this section without a determination by the authority that the interest is not contrary to the public interest or willful failure to disclose any such interest constitutes misconduct in office.
(5)
(a)
The governing body may remove an authority commissioner for inefficiency or neglect of duty or misconduct in office only after the authority commissioner has been given a copy of the charges that the governing body made against the authority commissioner and the authority commissioner has had an opportunity to be heard in person or through counsel before the governing body.
(b)
If any authority commissioner is removed, the governing body shall file a record of the proceedings, together with the charges made against the authority commissioner and any related findings, in the office of the county clerk and recorder.
(6)
(a)
Any taxing entity, other than a school district or the county, that levies taxes in an area that would fall under the county revitalization plan proposed by the authority may file a petition with the authority requesting to join the authority.
(b)
Within thirty days of receiving the notice described in subsection (6)(a) of this section, the authority shall hold a public hearing to determine whether the taxing entity that filed a petition should be included in the authority.
(c)
The incremental property tax revenue of a taxing entity that either does not file a petition in accordance with subsection (6)(a) of this section or that the authority decides not to include in the authority during a hearing held in accordance with subsection (6)(b) of this section shall not be allocated under the county revitalization plan proposed by the authority.
Added by 2024 Ch. 387,§ 1, eff. 8/7/2024.
2024 Ch. 387, was passed without a safety clause. See Colo. Const. art. V, § 1(3).