As used in this part 8, unless the context otherwise requires:
"Authority" means a downtown development authority created pursuant to the provisions of this part 8 in any municipality of this state and any successor to its functions, authority, rights, and obligations.
"Blighted area" means an area within the central business district which, by reasonof the presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, unusual topography, defective or unusual conditions of title rendering the title nonmarketable, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the central business district, retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use.
"Board" means the board of the authority.
"Central business district" means the area in a municipality which is and traditionallyhas been the location of the principal business, commercial, financial, service, and governmental center, zoned and used accordingly.
"Development project" or "project" means undertakings and activities of an authority or municipality as authorized in this part 8 in a plan of development area for the development or redevelopment of said area in accordance with a plan of development.
"Director" means the chief executive officer of the authority.
"District" means the authority or the area within which the authority may exerciseits powers.
"Downtown" means a specifically defined area of the municipality in the central business district, established by the governing body of the municipality pursuant to this part 8.
"Governing body" means the city council, town council, board of trustees, or othergoverning board of any municipality of this state.
"Landowner" means the owner in fee of any undivided interest in real property orany improvement permanently affixed thereto within the district. As used in this part 8, "owner in fee" includes a contract purchaser obligated to pay general taxes, an heir, and a devisee under a will admitted to probate and does not include a contract seller of property with respect to which the contract purchaser is deemed to be the owner in fee for purposes of this subsection (6).
(6.2) "Lessee" means the holder of a leasehold interest in real property within the district. As used in this part 8, "leasehold interest" does not include a license or mere contract right to use real property within the district.
(6.4) "Planning board" means the agency designated by the governing body of the municipality which is chiefly responsible for planning in the municipality; and, if no separate agency exists, "planning board" means the governing body of the municipality.
(6.6) "Plan of development" means a plan, as it exists from time to time, for the development or redevelopment of a downtown development area, including all properly approved amendments thereto.
(6.8) "Plan of development area" means an area in the central business district which the board and the governing body designate as appropriate for a development project.
"Public body" means the state of Colorado or any municipality, quasi-municipal corporation, board, commission, authority, or other political subdivision or public corporate body of the state.
"Public facility" includes but is not limited to any streets, parks, plazas, parking facilities, playgrounds, pedestrian malls, rights-of-way, structures, waterways, bridges, lakes, ponds, canals, utility lines or pipes, and buildings, including access routes to any of the foregoing, designed for use by the public generally or used by any public agency with or without charge, whether or not the same is revenue-producing.
"Qualified elector" means a resident, a landowner, or a lessee as said terms are defined in this section. Any landowner or lessee which is not a natural person may vote only if it designates by some official action a representative thereof to cast its ballot. This subsection (9) shall not be construed so as to permit any qualified elector to cast more than one vote, even though any person qualified or lawfully designated may be entitled to cast the vote of more than one qualified elector.
"Resident" means one who is a citizen of the United States and a resident of thestate of Colorado, eighteen years of age or older, who makes his primary dwelling place within the district.
Source: L. 76: Entire part added, p. 701, § 1, effective April 26. L. 77: (3.5), (4.5), (5.5), (6.2), (6.4), (6.6), and (6.8) added and (6), (9), and (10) amended, p. 1472, § 2, effective June 19. L. 81: (1.5) added and (3.5) and (6.4) amended, p. 1518, § 3, effective July 1. L. 2009: (6.4), (6.6), (6.8), and (7) amended, (SB 09-292), ch. 369, p. 1978, § 108, effective August 5.
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.
Source: L. 76: Entire part added, p. 702, § 1, effective April 26.
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.
Source: 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.