Colorado 2024 Regular Session

Colorado House Bill HB1172 Compare Versions

OldNewDifferences
1+Second Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 24-0252.01 Pierce Lively x2059
18 HOUSE BILL 24-1172
2-BY REPRESENTATIVE(S) Taggart and Bird, Amabile, Froelich, Lindsay,
3-Snyder;
4-also SENATOR(S) Kirkmeyer and Mullica, Exum, Pelton B., Pelton R.,
5-Priola, Roberts, Simpson, Will, Winter F..
9+House Committees Senate Committees
10+Transportation, Housing & Local Government Local Government & Housing
11+A BILL FOR AN ACT
612 C
7-ONCERNING COUNTY REVITALIZATION AUTHORITIES .
8-Be it enacted by the General Assembly of the State of Colorado:
9-SECTION 1. In Colorado Revised Statutes, add article 31 to title
10-30 as follows:
11-ARTICLE 31
12-County Revitalization
13+ONCERNING COUNTY REVITA LIZATION AUTHORITIES .101
14+Bill Summary
15+(Note: This summary applies to this bill as introduced and does
16+not reflect any amendments that may be subsequently adopted. If this bill
17+passes third reading in the house of introduction, a bill summary that
18+applies to the reengrossed version of this bill will be available at
19+http://leg.colorado.gov
20+.)
21+The bill creates a process for the establishment of a county
22+revitalization authority (authority). An authority is a corporate body that
23+uses tax increment and private financing to conduct a county
24+revitalization project (project) in a revitalization area in accordance with
25+a county revitalization plan.
26+A county revitalization plan (plan) is a plan for the project. A plan
27+must be: Reviewed by the county planning commission, the subject of a
28+public hearing, and approved by the board of county commissioners (the
29+SENATE
30+3rd Reading Unamended
31+April 17, 2024
32+SENATE
33+2nd Reading Unamended
34+April 16, 2024
35+HOUSE
36+3rd Reading Unamended
37+March 11, 2024
38+HOUSE
39+Amended 2nd Reading
40+March 8, 2024
41+HOUSE SPONSORSHIP
42+Taggart and Bird, Amabile, Froelich, Lindsay, Snyder
43+SENATE SPONSORSHIP
44+Kirkmeyer and Mullica, Exum, Pelton B., Pelton R., Priola, Roberts, Simpson, Will,
45+Winter F.
46+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
47+Capital letters or bold & italic numbers indicate new material to be added to existing law.
48+Dashes through the words or numbers indicate deletions from existing law. governing body). Any modifications to the plan must also be approved by
49+the governing body. A plan may provide for tax increment financing.
50+An authority may not undertake a project unless, based on
51+evidence presented at a public hearing, the governing body by resolution
52+has both determined that the area where the authority will undertake the
53+project is a revitalization area and designated the area as appropriate for
54+the project. A revitalization area is an area that, upon the implementation
55+of a plan, could substantially promote the sound growth of the county,
56+improve economic and social conditions, and further the health, safety,
57+and well-being of the public.
58+The creation of an authority may be initiated by the registered
59+electors of a county filing a petition with the governing body or by the
60+governing body adopting a resolution. In either case, there is a public
61+hearing and, after that hearing, the governing body determines whether
62+to create the authority. If a governing body decides to create an authority,
63+the governing body appoints the authority commissioners, except for
64+commissioners who are appointed by and as representatives of special
65+districts and school districts that have joined the authority.
66+Any taxing entity, other than the county itself, that levies taxes in
67+an area that would fall under the plan proposed by an authority may file
68+a petition with the authority requesting to join the authority. The authority
69+shall hold a hearing to determine whether to allow the taxing entity to join
70+the authority.
71+An authority may:
72+! Undertake projects;
73+! Agree with the county or other relevant public body to
74+plan, replan, zone, or rezone any part of the county or other
75+public body in connection with a project;
76+! Make bylaws, orders, rules, and regulations;
77+! Make and execute contracts;
78+! Acquire property by purchase, lease, option, gift, grant,
79+devise, condemnation, or eminent domain;
80+! Dedicate property acquired by the authority for public
81+works, improvements, facilities, utilities, and other
82+purposes;
83+! Mortgage, pledge, hypothecate, or otherwise encumber or
84+dispose of its property;
85+! Set aside, dedicate, and devote project real property to
86+public uses in accordance with the plan or set aside,
87+dedicate, and transfer real property to an appropriate public
88+body for public uses in accordance with the plan;
89+! Sell, lease, or otherwise transfer real property or any
90+interest therein acquired by the authority as part of a
91+project;
92+! Insure any of its properties or operations;
93+1172
94+-2- ! Invest any of its money in the same manner as a public
95+body;
96+! Issue bonds;
97+! Borrow money and apply for and accept loans, grants, and
98+contributions;
99+! Make appropriations and expenditures of its funds;
100+! Establish and maintain general, separate, or special funds
101+and bank accounts; and
102+! Make reasonable relocation payments to individuals,
103+families, and business concerns situated in the county
104+revitalization area that will be displaced by the authority.
105+An authority does not have any power to levy or assess ad valorem
106+taxes, personal property taxes, or any other forms of taxes, including
107+special assessments against any property.
108+The bill also makes conforming amendments.
109+Be it enacted by the General Assembly of the State of Colorado:1
110+SECTION 1. In Colorado Revised Statutes, add article 31 to title2
111+30 as follows:3
112+ARTICLE 314
113+County Revitalization5
13114 30-31-101. Short title. T
14-HE SHORT TITLE OF THIS ARTICLE 31 IS THE
15-"COUNTY REVITALIZATION LAW".
115+HE SHORT TITLE OF THIS ARTICLE 31 IS6
116+THE "COUNTY REVITALIZATION LAW".7
16117 30-31-102. Legislative declaration. (1) T
17-HE GENERAL ASSEMBLY
18-FINDS AND DECLARES THAT
19-:
118+HE GENERAL ASSEMBLY8
119+FINDS AND DECLARES THAT:9
20120 (a) T
21-HERE EXIST IN COUNTIES OF THE STATE UNINCORPORATED
22-AREAS THAT WOULD BENEFIT FROM REVITALIZATION AND ECONOMIC
23-________
24-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
25-through words or numbers indicate deletions from existing law and such material is not part of
26-the act. INVESTMENT THAT WILL NOT OCCUR WITHOUT ADDITIONAL FUNDING ;
121+HERE EXIST IN COUNTIES OF THE STATE UNINCORPORATED10
122+AREAS THAT WOULD BENEFIT FROM REVITALIZATION AND ECONOMIC11
123+INVESTMENT THAT WILL NOT OCCUR WITHOUT ADDITIONAL FUNDING ;12
27124 (b) T
28-HE EXISTENCE OF THESE AREAS IMPAIR SUCCESSFUL
29-DEVELOPMENT AND REDEVELOPMENT WITHIN COUNTIES AND HARMS THE
30-WELFARE OF COUNTY RESIDENTS IN WAYS THAT HARM THE SURROUNDING
31-COMMUNITIES
32-, AND THE REVITALIZATION OF THESE AREAS IS A MATTER OF
33-PUBLIC POLICY AND STATEWIDE CONCERN IN ORDER THAT THE STATE AND ITS
34-COUNTIES NOT CONTINUE TO BE UNDERUTILIZED AND PLACED IN A
35-CONDITION THAT HARMS THE WELFARE OF THESE AREAS
36-;
125+HE EXISTENCE OF THESE AREAS IMPAIR SUCCESSFUL13
126+DEVELOPMENT AND REDEVELOPMENT WITHIN COUNTIES AND HARMS THE14
127+WELFARE OF COUNTY RESIDENTS IN WAYS THAT HARM THE SURROUNDING15
128+COMMUNITIES, AND THE REVITALIZATION OF THESE AREAS IS A MATTER OF16
129+PUBLIC POLICY AND STATEWIDE CONCERN IN ORDER THAT THE STATE AND17
130+1172-3- ITS COUNTIES NOT CONTINUE TO BE UNDERUTILIZED AND PLACED IN A1
131+CONDITION THAT HARMS THE WELFARE OF THESE AREAS ;2
37132 (c) C
38-ERTAIN REVITALIZATION AREAS, OR PORTIONS THEREOF, MAY
39-REQUIRE ACQUISITION
40-, CLEARANCE, AND DISPOSITION SUBJECT TO USE
41-RESTRICTIONS
42-, AS PROVIDED IN THIS ARTICLE 31, SINCE THE PREVAILING
43-CONDITIONS IN COUNTY REVITALIZATION AREAS MAY MAKE THE
44-RECLAMATION OF THE AREA BY CONSERVATION OR REHABILITATION
45-IMPRACTICABLE
46-;
133+ERTAIN REVITALIZATION AREAS, OR PORTIONS THEREOF, MAY3
134+REQUIRE ACQUISITION, CLEARANCE, AND DISPOSITION SUBJECT TO USE4
135+RESTRICTIONS, AS PROVIDED IN THIS ARTICLE 31, SINCE THE PREVAILING5
136+CONDITIONS IN COUNTY REVITALIZATION AREAS MAY MAKE THE6
137+RECLAMATION OF THE AREA BY CONSERVATION OR REHABILITATION7
138+IMPRACTICABLE;8
47139 (d) P
48-OTENTIAL REVITALIZATION AREAS , OR PORTIONS THEREOF,
49-THROUGH THE MEANS PROVIDED IN THIS ARTICLE 31, MAY BE SUSCEPTIBLE
50-OF CONSERVATION OR REHABILITATION IN SUCH A MANNER THAT THE
51-CONDITIONS NUMERATED IN THIS SECTION MAY BE IMPROVED OR REMEDIED
52-;
140+OTENTIAL REVITALIZATION AREAS , OR PORTIONS THEREOF,9
141+THROUGH THE MEANS PROVIDED IN THIS ARTICLE 31, MAY BE SUSCEPTIBLE10
142+OF CONSERVATION OR REHABILITATION IN SUCH A MANNER THAT THE11
143+CONDITIONS NUMERATED IN THIS SECTION MAY BE IMPROVED OR12
144+REMEDIED;13
53145 (e) R
54-EVITALIZATION AREAS MAY BE CONSERVED AND
55-REHABILITATED THROUGH APPROPRIATE PUBLIC ACTION
56-, AS AUTHORIZED OR
57-CONTEMPLATED IN THIS ARTICLE
58-31, AND THE COOPERATION AND
59-VOLUNTARY ACTION OF THE OWNERS AND TENANTS OF PROPERTY IN
60-REVITALIZATION AREAS
61-;
146+EVITALIZATION AREAS MAY BE CONSERVED AND14
147+REHABILITATED THROUGH APPROPRIATE PUBLIC ACTION , AS AUTHORIZED15
148+OR CONTEMPLATED IN THIS ARTICLE 31, AND THE COOPERATION AND16
149+VOLUNTARY ACTION OF THE OWNERS AND TENANTS OF PROPERTY IN17
150+REVITALIZATION AREAS;18
62151 (f) T
63-HE POWERS CONFERRED BY THIS ARTICLE 31 ARE FOR PUBLIC
64-USES AND PURPOSES FOR WHICH PUBLIC MONEY MAY BE EXPENDED AND THE
65-POLICE POWER EXERCISED
66-; AND
67-(g) THE NECESSITY IN THE PUBLIC INTEREST FOR THE PROVISIONS
68-ENACTED IN THIS ARTICLE
69-31 IS DECLARED AS A MATTER OF LEGISLATIVE
70-DETERMINATION
71-.
152+HE POWERS CONFERRED BY THIS ARTICLE 31 ARE FOR PUBLIC19
153+USES AND PURPOSES FOR WHICH PUBLIC MONEY MAY BE EXPENDED AND20
154+THE POLICE POWER EXERCISED; AND21
155+(g) T
156+HE NECESSITY IN THE PUBLIC INTEREST FOR THE PROVISIONS22
157+ENACTED IN THIS ARTICLE 31 IS DECLARED AS A MATTER OF LEGISLATIVE23
158+DETERMINATION.24
72159 (2) T
73-HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :
160+HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :25
74161 (a) C
75-OUNTY REVITALIZATION AREAS CREATED FOR THE PURPOSES
76-DESCRIBED IN SUBSECTIONS
77- (1)(a) AND (1)(b) OF THIS SECTION MUST NOT
78-PAGE 2-HOUSE BILL 24-1172 INCLUDE AGRICULTURAL LAND EXCEPT IN CONNECTION WITH THE LIMITED
79-CIRCUMSTANCES DESCRIBED IN THIS ARTICLE
80-31; AND
81-(b) THE INCLUSION OF AGRICULTURAL LAND WITHIN COUNTY
82-REVITALIZATION AREAS IS A MATTER OF STATEWIDE CONCERN
83-.
162+OUNTY REVITALIZATION AREAS CREATED FOR THE PURPOSES26
163+DESCRIBED IN SUBSECTIONS (1)(a) AND (1)(b) OF THIS SECTION MUST NOT27
164+1172
165+-4- INCLUDE AGRICULTURAL LAND EXCEPT IN CONNECTION WITH THE LIMITED1
166+CIRCUMSTANCES DESCRIBED IN THIS ARTICLE 31; AND2
167+(b) T
168+HE INCLUSION OF AGRICULTURAL LAND WITHIN COUNTY3
169+REVITALIZATION AREAS IS A MATTER OF STATEWIDE CONCERN .4
84170 30-31-103. Definitions. A
85-S USED IN THIS ARTICLE 31, UNLESS THE
86-CONTEXT OTHERWISE REQUIRES
87-:
171+S USED IN THIS ARTICLE 31, UNLESS THE5
172+CONTEXT OTHERWISE REQUIRES :6
88173 (1) "A
89-GRICULTURAL LAND" MEANS ANY PARCEL OF LAND OR ANY
90-CONTIGUOUS PARCELS OF LAND THAT
91-, REGARDLESS OF THE USES FOR WHICH
92-THE LAND HAS BEEN ZONED
93-, THE COUNTY ASSESSOR HAS CLASSIFIED AS
94-AGRICULTURAL LAND FOR PURPOSES OF THE LEVYING AND COLLECTION OF
95-PROPERTY TAX PURSUANT TO SECTIONS
96- 39-1-102 (1.6)(a) AND 39-1-103
97-(5)(a),
98-AT ANY TIME DURING THE FIVE-YEAR PERIOD BEFORE EITHER THE
99-DATE OF ADOPTION OF A COUNTY REVITALIZATION PLAN OR ANY
100-MODIFICATION OF A COUNTY REVITALIZATION PLAN
101-.
174+GRICULTURAL LAND" MEANS ANY PARCEL OF LAND OR ANY7
175+CONTIGUOUS PARCELS OF LAND THAT , REGARDLESS OF THE USES FOR8
176+WHICH THE LAND HAS BEEN ZONED , THE COUNTY ASSESSOR HAS9
177+CLASSIFIED AS AGRICULTURAL LAND FOR PURPOSES OF THE LEVYING AND10
178+COLLECTION OF PROPERTY TAX PURSUANT TO SECTIONS 39-1-102 (1.6)(a)11
179+AND 39-1-103 (5)(a), AT ANY TIME DURING THE FIVE-YEAR PERIOD BEFORE12
180+EITHER THE DATE OF ADOPTION OF A C OUNTY REVITALIZATION PLAN OR13
181+ANY MODIFICATION OF A COUNTY REVITALIZATION A PLAN .14
102182 (2) "B
103-ONDS" MEANS ANY BONDS, INCLUDING REFUNDING BONDS ,
104-NOTES, INTERIM CERTIFICATES OR RECEIPTS , TEMPORARY BONDS ,
105-CERTIFICATES OF INDEBTEDNESS , DEBENTURES, OR OTHER OBLIGATIONS
106-ISSUED AS AUTHORIZED BY THIS ARTICLE
107-31.
183+ONDS" MEANS ANY BONDS, INCLUDING REFUNDING BONDS,15
184+NOTES, INTERIM CERTIFICATES OR RECEIPTS , TEMPORARY BONDS ,16
185+CERTIFICATES OF INDEBTEDNESS, DEBENTURES, OR OTHER OBLIGATIONS17
186+ISSUED AS AUTHORIZED BY THIS ARTICLE 31.18
108187 (3) "B
109-ROWNFIELD SITE" MEANS REAL PROPERTY AND THE
110-DEVELOPMENT
111-, EXPANSION, REDEVELOPMENT, OR REUSE OF REAL PROPERTY
112-THAT IS COMPLICATED BY THE PRESENCE OF A SUBSTANTIAL AMOUNT OF ONE
113-OR MORE HAZARDOUS SUBSTANCES
114-, POLLUTANTS, OR CONTAMINANTS, AS
115-DESIGNATED BY THE
116-UNITED STATES ENVIRONMENTAL PROTECTION
117-AGENCY
118-.
188+ROWNFIELD SITE" MEANS REAL PROPERTY AND THE19
189+DEVELOPMENT, EXPANSION, REDEVELOPMENT , OR REUSE OF REAL20
190+PROPERTY THAT IS COMPLICATED BY THE PRESENCE OF A SUBSTANTIAL21
191+AMOUNT OF ONE OR MORE HAZARDOUS SUBSTANCES , POLLUTANTS, OR22
192+CONTAMINANTS , AS DESIGNATED BY THE UNITED STATES23
193+ENVIRONMENTAL PROTECTION AGENCY .24
119194 (4) "B
120-USINESS CONCERN" HAS THE SAME MEANING AS "BUSINESS",
121-AS DEFINED IN SECTION 24-56-102 (1).
195+USINESS CONCERN" HAS THE SAME MEANING AS "BUSINESS",25
196+AS DEFINED IN SECTION 24-56-102 (1).26
122197 (5) "C
123-OUNTY REVITALIZATION AREA " MEANS A REVITALIZATION
124-AREA THAT THE GOVERNING BODY DESIGNATES AS APPROPRIATE FOR THE
125-COUNTY REVITALIZATION PROJECT
126-.
198+OUNTY REVITALIZATION AREA " MEANS A REVITALIZATION27
199+1172
200+-5- AREA THAT THE GOVERNING BODY DESIGNATES AS APPROPRIATE FOR THE1
201+COUNTY REVITALIZATION PROJECT .2
127202 (6) "C
128-OUNTY REVITALIZATION AUTHORITY " OR "AUTHORITY" MEANS
129-A CORPORATE BODY ORGANIZED PURSUANT TO THIS ARTICLE
130-31.
131-PAGE 3-HOUSE BILL 24-1172 (7) "COUNTY REVITALIZATION PLAN " MEANS A PLAN FOR THE
132-COUNTY REVITALIZATION PROJECT THAT
133-:
203+OUNTY REVITALIZATION AUTHORITY " OR "AUTHORITY"3
204+MEANS A CORPORATE BODY ORGANIZED PURSUANT TO THIS ARTICLE 31.4
205+(7) "C
206+OUNTY REVITALIZATION PLAN " MEANS A PLAN FOR THE5
207+COUNTY REVITALIZATION PROJECT THAT :6
134208 (a) C
135-ONFORMS TO A GENERAL OR MASTER PLAN FOR THE PHYSICAL
136-DEVELOPMENT OF THE COUNTY AS A WHOLE
137-;
209+ONFORMS TO A GENERAL OR MASTER PLAN FOR THE PHYSICAL7
210+DEVELOPMENT OF THE COUNTY AS A WHOLE ;8
138211 (b) I
139-NDICATES LAND ACQUISITION, DEVELOPMENT, REDEVELOPMENT,
140-REHABILITATION, AND ADDITIONAL LAND AND CAPITAL IMPROVEMENTS ;
212+NDICATES LAND ACQUISITION , DEVELOPMENT ,9
213+REDEVELOPMENT, REHABILITATION, AND ADDITIONAL LAND AND CAPITAL10
214+IMPROVEMENTS;11
141215 (c) I
142-NCLUDES ZONING AND PLANNING CHANGES , IF ANY, LAND USES,
143-MAXIMUM DENSITIES, AND BUILDING REQUIREMENTS; AND
144-(d) DEFINES THE PLAN'S RELATIONSHIP TO DEFINED LOCAL
145-OBJECTIVES RESPECTING APPROPRIATE LAND USES
146-, IMPROVED TRAFFIC,
147-PUBLIC TRANSPORTATION , PUBLIC UTILITIES, RECREATIONAL AND
148-COMMUNITY FACILITIES
149-, AND OTHER PUBLIC IMPROVEMENTS .
216+NCLUDES ZONING AND PL ANNING CHANGES , IF ANY, LAND12
217+USES, MAXIMUM DENSITIES, AND BUILDING REQUIREMENTS; AND13
218+(d) D
219+EFINES THE PLAN'S RELATIONSHIP TO DEFINED LOCAL14
220+OBJECTIVES RESPECTING APPROPRIATE LAND USES , IMPROVED TRAFFIC,15
221+PUBLIC TRANSPORTATION , PUBLIC UTILITIES, RECREATIONAL AND16
222+COMMUNITY FACILITIES, AND OTHER PUBLIC IMPROVEMENTS .17
150223 (8) "C
151-OUNTY REVITALIZATION PROJECT" MEANS UNDERTAKINGS AND
152-ACTIVITIES THAT TAKE ADVANTAGE OF REVITALIZATION AREAS IN
153-ACCORDANCE WITH THE COUNTY REVITALIZATION PLAN
154-. SUCH
155-UNDERTAKINGS AND ACTIVITIES MAY INCLUDE
156-:
224+OUNTY REVITALIZATION PROJECT " MEANS UNDERTAKINGS18
225+AND ACTIVITIES THAT TAKE ADVANTAGE OF REVITALIZATION AREAS IN19
226+ACCORDANCE WITH THE C OUNTY REVITALIZATION PLAN . SUCH20
227+UNDERTAKINGS AND ACTIVITIES MAY INCLUDE :21
157228 (a) A
158-CQUISITION OF A REVITALIZATION AREA OR ANY PORTION
159-THEREOF
160-;
229+CQUISITION OF A REVITALIZATION AREA OR ANY PORTION22
230+THEREOF;23
161231 (b) D
162-EMOLITION AND REMOVAL OF BUILDINGS AND IMPROVEMENTS ;
232+EMOLITION AND REMOVAL OF BUILDINGS AND24
233+IMPROVEMENTS;25
163234 (c) I
164-NSTALLATION, CONSTRUCTION, OR RECONSTRUCTION OF
165-STREETS
166-, UTILITIES, PARKS, PLAYGROUNDS, AND OTHER IMPROVEMENTS ;
235+NSTALLATION, CONSTRUCTION, OR RECONSTRUCTION OF26
236+STREETS, UTILITIES, PARKS, PLAYGROUNDS, AND OTHER IMPROVEMENTS ;27
237+1172
238+-6- (d) DISPOSITION OF ANY PROPERTY ACQUIRED OR HELD BY THE1
239+AUTHORITY AS A PART OF THE COUNTY REVITALIZATION PROJECT FOR2
240+COUNTY REVITALIZATION AREAS . DISPOSITION INCLUDES SALE, INITIAL3
241+LEASING, OR TEMPORARY RETENTION BY THE AUTHORITY AT THE FAIR4
242+VALUE OF THE PROPERTY FOR USE IN ACCORDANCE WITH THE COUNTY5
243+REVITALIZATION PLAN.6
244+(e) C
245+ARRYING OUT PLANS FOR A PROGRAM THROUGH VOLUNTARY7
246+ACTION AND THE REGULATORY PROCESS FOR THE REPAIR , ALTERATION,8
247+AND REHABILITATION OF BUILDINGS OR OTHER IMPROVEMENTS IN9
248+ACCORDANCE WITH THE COUNTY REVITALIZATION PLAN ; AND10
249+(f) A
250+CQUISITION OF ANY PROPERTY NECESSARY TO ACHIEVE THE11
251+OBJECTIVES OF THE COUNTY REVITALIZATION PLAN .12
252+(9) "D
253+ISPLACED PERSON" HAS THE SAME MEANING AS SET FORTH13
254+IN SECTION 24-56-102 (2), AND ALSO INCLUDES ANY INDIVIDUAL, FAMILY,14
255+OR BUSINESS CONCERN DISPLACED BY AN AUTHORITY ACQUIRING REAL15
256+PROPERTY THROUGH THE EXERCISE OF EMINENT DOMAIN .16
257+(10) "G
258+OVERNING BODY" MEANS THE BOARD OF COUNTY17
259+COMMISSIONERS OF THE COUNTY WITHIN WHICH AN AUTHORITY IS18
260+ESTABLISHED OR PROPOSED TO BE ESTABLISHED .19
261+(11) "O
262+BLIGEE" MEANS ANY BONDHOLDER , AGENT, TRUSTEE FOR20
263+ANY BONDHOLDER, LESSOR DEMISING TO AN AUTHORITY PROPERTY USED21
264+IN CONNECTION WITH THE COUNTY REVITALIZATION PROJECT OF THE22
265+AUTHORITY, ASSIGNEE OF SUCH LESSOR 'S INTEREST OR ANY PART23
266+THEREOF, OR THE FEDERAL GOVERNMENT WHEN IT IS A PARTY TO ANY24
267+CONTRACT OR AGREEMENT WITH AN AUTHORITY .25
268+(12) "P
269+UBLIC BODY" MEANS THE STATE OF COLORADO AND ANY26
270+COUNTY, QUASI-MUNICIPAL CORPORATION , BOARD, COMMISSION,27
271+1172
272+-7- AUTHORITY, POLITICAL SUBDIVISION, OR PUBLIC CORPORATE BODY OF THE1
273+STATE.2
274+(13) "R
275+EAL PROPERTY" MEANS LANDS, LANDS UNDER WATER ,3
276+STRUCTURES, EASEMENTS , FRANCHISES, AND INCORPOREAL4
277+HEREDITAMENTS AND EVERY ESTATE AND RIGHT THEREIN , LEGAL AND5
278+EQUITABLE, INCLUDING TERMS FOR YEARS AND LIENS BY WAY OF6
279+JUDGMENT, MORTGAGE, OR OTHERWISE.7
280+(14) "R
281+EVITALIZATION AREA" MEANS AN AREA THAT, UPON THE8
282+IMPLEMENTATION OF THE COUNTY REVITALIZATION PLAN , SUBSTANTIALLY9
283+PROMOTES THE SOUND GROWTH OF THE COUNTY , IMPROVES ECONOMIC10
284+AND SOCIAL CONDITIONS, AND FURTHERS THE HEALTH , SAFETY, AND11
285+WELL-BEING OF THE PUBLIC BY THE ACTUALIZATION OF ONE OF THE12
286+FOLLOWING OPPORTUNITY FACTORS :13
287+(a) I
288+NVESTMENT IN CRITICAL INFRASTRUCTURE , INCLUDING14
289+WATER, SANITARY SEWER AND STORM WATER SYSTEMS AND15
290+MANAGEMENT, ELECTRICITY, AND OTHER PUBLIC UTILITIES TO ACHIEVE16
291+DESIRED LEVELS OF RESIDENTIAL DENSITY AND EMPLOYMENT GROWTH ;17
292+(b) I
293+MPROVEMENT OF MOBILITY AND INCREASED ACCESS TO18
294+TRANSPORTATION CORRIDORS AND MULTIMODAL TRANSPORTATION19
295+OPTIONS;20
296+(c) D
297+EVELOPMENT OF AFFORDABLE HOUSING PROXIMATE TO21
298+ENHANCED TRANSPORTATION HUBS AND CORRIDORS ;22
167299 (d) D
168-ISPOSITION OF ANY PROPERTY ACQUIRED OR HELD BY THE
169-AUTHORITY AS A PART OF THE COUNTY REVITALIZATION PROJECT FOR
170-COUNTY REVITALIZATION AREAS
171-. DISPOSITION INCLUDES SALE, INITIAL
172-LEASING
173-, OR TEMPORARY RETENTION BY THE AUTHORITY AT THE FAIR VALUE
174-OF THE PROPERTY FOR USE IN ACCORDANCE WITH THE COUNTY
175-REVITALIZATION PLAN
176-.
300+EVELOPMENT OF ECONOMIC OPPORTUNITIES FOR JOB23
301+CREATION AND GROWTH IN ENTREPRENEURSHIP AND SUCCESSFUL24
302+LOCATION OF EXISTING BUSINESSES;25
303+(e) E
304+XPANSION OF ACCESS TO HEALTHY FOOD SYSTEMS ,26
305+COMMUNITY MEDICAL SERVICES , PUBLIC PARKS, OR PUBLIC EDUCATION27
306+1172
307+-8- OPPORTUNITIES;1
308+(f) I
309+MPROVEMENT OF CIRCULATION PATTERNS AND ENHANCEMENT2
310+OF SAFE AND RELIABLE PUBLIC TRANSPORTATION SYSTEMS ;3
311+(g) R
312+EMEDIATION OF CONTAMINATED SOILS OR WATER ;4
313+(h) C
314+LEARANCE, ABATEMENT, OR REHABILITATION OF5
315+STRUCTURALLY UNSOUND , DETERIORATING, OR OTHERWISE UNSAFE6
316+STRUCTURES; OR7
317+(i) R
318+EDEVELOPMENT OF FORMER LANDFILLS , FLOODPLAINS, OR8
319+OTHER AREAS CHALLENGED BY TOPOGRAPHY THAT , IN THEIR PRESENT9
320+CONDITION, POSE A THREAT TO PUBLIC HEALTH AND SAFETY .10
321+(15) "U
322+RBAN-LEVEL DEVELOPMENT" MEANS AN AREA IN WHICH11
323+THERE IS A PREDOMINANCE OF EITHER PERMANENT STRUCTURES OR12
324+ABOVE-GROUND OR AT-GRADE INFRASTRUCTURE.13
325+30-31-104. County revitalization authority. (1) (a) A
326+NY14
327+TWENTY-FIVE REGISTERED ELECTORS OF A COUNTY MAY FILE A PETITION15
328+WITH THE GOVERNING BODY OR ITS DESIGNEE , OR THE GOVERNING BODY16
329+MAY ADOPT A RESOLUTION, SETTING FORTH THAT THERE IS A NEED FOR A17
330+COUNTY REVITALIZATION AUTHORITY IN THE COUNTY .18
331+(b) (I) U
332+PON THE FILING OF A PETITION OR THE ADOPTION OF A19
333+RESOLUTION DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION, A COUNTY20
334+SHALL GIVE NOTICE OF THE TIME , PLACE, AND PURPOSE OF A PUBLIC21
335+HEARING WHERE THE GOVERNING BODY WILL DETERMINE THE NEED FOR22
336+THE COUNTY REVITALIZATION AUTHORITY IN THE COUNTY . THIS NOTICE23
337+MUST ALSO INCLUDE A GENERAL DESCRIPTION OF THE LAND THAT WOULD24
338+BE PART OF THE COUNTY REVITALIZATION AREA . THE COUNTY MUST GIVE25
339+THIS NOTICE TO EVERY MUNICIPALITY WITHIN THREE MILES OF THE26
340+PROPOSED
341+AUTHORITY AT LEAST THIRTY DAYS BEFORE THE HEARING .27
342+1172
343+-9- (II) A COUNTY SHALL PROVIDE THE NOTICE DESCRIBED IN THIS1
344+SUBSECTION (1)(b) AT ITS OWN EXPENSE BY PUBLISHING THE NOTICE AT2
345+LEAST THIRTY DAYS PRECEDING THE DAY ON WHICH THE HEARING IS TO BE3
346+HELD IN A NEWSPAPER HAVING A GENERAL CIRCULATION IN THE COUNTY4
347+OR, IF THERE IS NO SUCH NEWSPAPER, BY POSTING THE NOTICE IN AT LEAST5
348+THREE PUBLIC PLACES WITHIN THE COUNTY AT LEAST THIRTY DAYS6
349+PRECEDING THE DAY ON WHICH THE HEARING IS TO BE HELD .7
350+(III) A
351+T THE HEARING HELD PURSUANT TO THE NOTICE DESCRIBED8
352+IN THIS SUBSECTION (1)(b), THE GOVERNING BODY SHALL GRANT A FULL9
353+OPPORTUNITY TO BE HEARD TO ALL COUNTY RESIDENTS , TAXPAYERS,10
354+MUNICIPALITIES WITHIN THREE MILES OF THE PROPOSED AUTHORITY , AND11
355+OTHER INTERESTED PERSONS.12
356+(c) A
357+FTER THE HEARING HELD PURSUANT TO THE NOTICE13
358+DESCRIBED IN SUBSECTION (1)(b) OF THIS SECTION, THE GOVERNING BODY14
359+SHALL ADOPT A RESOLUTION FINDING A NEED FOR AND CREATING THE15
360+COUNTY REVITALIZATION AUTHORITY IF THE GOVERNING BODY :16
361+(I) D
362+ETERMINES THAT THERE ARE ONE OR MORE REVITALIZATION17
363+AREAS IN THE COUNTY OUTSIDE OF EXISTING URBAN RENEWAL18
364+AUTHORITIES;19
365+(II) D
366+ETERMINES THAT THE ACQUISITION , CLEARANCE,20
367+REHABILITATION, CONSERVATION, DEVELOPMENT, REDEVELOPMENT, OR21
368+ANY COMBINATION THEREOF OF SUCH REVITALIZATION AREAS IS22
369+NECESSARY AND IN THE INTEREST OF THE PUBLIC HEALTH , SAFETY, OR23
370+WELFARE OF THE COUNTY RESIDENTS ; AND24
371+(III) D
372+ECLARES IT TO BE IN THE PUBLIC INTEREST THAT THE25
373+COUNTY REVITALIZATION AUTHORITY BE CREATED AND EXERCISES THE26
374+POWERS PROVIDED IN THIS ARTICLE 31.27
375+1172
376+-10- (d) (I) IF THE GOVERNING BODY ADOPTS A RESOLUTION IN1
377+ACCORDANCE WITH SUBSECTION (1)(c) OF THIS SECTION, THE GOVERNING2
378+BODY SHALL APPOINT AUTHORITY COMMISSIONERS AS PROVIDED IN3
379+SUBSECTION (2) OF THIS SECTION.4
380+(II) I
381+F THE GOVERNING BODY, AFTER A HEARING HELD PURSUANT5
382+TO SUBSECTION (1)(b) OF THIS SECTION, DETERMINES THAT IT CANNOT6
383+MAKE THE DETERMINATIONS AND DECLARATION ENUMERATED IN7
384+SUBSECTION (1)(c) OF THIS SECTION, IT SHALL ADOPT A RESOLUTION8
385+DENYING THE PETITION FILED PURSUANT TO SUBSECTION (1)(a) OF THIS9
386+SECTION. ONLY BEGINNING SIX MONTHS AFTER THE DENIAL OF SUCH A10
387+PETITION MAY REGISTERED ELECTORS FILE SUBSEQUENT PETITIONS WITH11
388+THE GOVERNING BODY OR ITS DESIGNEE, SETTING FORTH THAT THERE IS A12
389+NEED FOR THE COUNTY REVITALIZATION AUTHORITY IN THE COUNTY .13
390+(2) (a) (I) A
391+N AUTHORITY CONSISTS OF NO FEWER THAN THREE14
392+AND NO MORE THAN EIGHT AUTHORITY COMMISSIONERS .15
393+(II) (A) I
394+F AT LEAST ONE TAXING ENTITY HAS JOINED THE16
395+AUTHORITY PURSUANT TO SUBSECTION (6) OF THIS SECTION, ONE17
396+AUTHORITY COMMISSIONER MUST BE A BOARD MEMBER OF A SPECIAL18
397+DISTRICT SELECTED BY AGREEMENT OF THE SPECIAL DISTRICTS LEVYING19
398+A MILL LEVY WITHIN THE BOUNDARIES OF THE COUNTY REVITALIZATION20
399+AUTHORITY AREA THAT HAVE JOINED THE COUNTY REVITALIZATION
400+ 21
401+AUTHORITY.22
402+(B) I
403+F NO SPECIAL DISTRICT
404+ APPOINTS AN AUTHORITY23
405+COMMISSIONER, THEN THE SPECIAL DISTRICT APPOINTMENT REMAINS24
406+VACANT UNTIL THE APPLICABLE APPOINTING AUTHORITY MAKES THE25
407+APPOINTMENT PURSUANT TO THIS SUBSECTION (2)(a).26
408+(III) I
409+F THE GOVERNING BODY APPOINTS AN EVEN NUMBER OF27
410+1172
411+-11- AUTHORITY COMMISSIONERS, THE GOVERNING BODY SHALL DESIGNATE AN1
412+AUTHORITY COMMISSIONER AS THE AUTHORITY COMMISSIONER WHO2
413+CASTS THE DECIDING VOTE IN THE CASE OF AN OTHERWISE TIE VOTE .3
414+(b) (I) A
415+UTHORITY COMMISSIONER TERMS ARE FOR FOUR YEARS ;4
416+EXCEPT THAT THE GOVERNING BODY SHALL ASSIGN TERMS OF FOUR YEARS5
417+OR FEWER FOR THE INITIAL AUTHORITY COMMISSIONERS SO THAT6
418+AUTHORITY COMMISSIONERS SERVE FOR STAGGERED TERMS .7
419+(II) T
420+HE GOVERNING BODY SHALL FILL AUTHORITY COMMISSIONER8
421+VACANCIES, OTHER THAN THOSE THAT OCCUR DUE TO THE EXPIRATION OF9
422+TERMS, FOR THE REMAINING UNEXPIRED TERM ; EXCEPT THAT A VACANCY10
423+OF THE SPECIAL DISTRICT -APPOINTED SEAT MUST BE FILLED BY11
424+AGREEMENT OF THE AFFECTED SPECIAL
425+DISTRICTS. 12
426+(III) A
427+N AUTHORITY COMMISSIONER HOLDS OFFICE UNTIL THE13
428+GOVERNING BODY APPOINTS THE AUTHORITY COMMISSIONER 'S QUALIFIED14
429+SUCCESSOR.15
430+(c) (I) T
431+HE GOVERNING BODY SHALL DESIGNATE THE CHAIRPERSON16
432+FOR THE FIRST YEAR OF THE AUTHORITY. WHEN THE OFFICE OF THE FIRST17
433+CHAIRPERSON OF THE AUTHORITY BECOMES VACANT AND ANNUALLY18
434+THEREAFTER, THE AUTHORITY SHALL SELECT A CHAIRPERSON AND19
435+VICE-CHAIRPERSON FROM AMONG ITS MEMBERS .20
436+(II) A
437+N AUTHORITY MAY EMPLOY A SECRETARY , AN EXECUTIVE21
438+DIRECTOR, TECHNICAL EXPERTS, AND SUCH OTHER OFFICERS, AGENTS, AND22
439+EMPLOYEES AS IT MAY REQUIRE AND SHALL DETERMINE THEIR23
440+QUALIFICATIONS, DUTIES, AND COMPENSATION.24
441+(III) A
442+N AUTHORITY MAY CALL UPON THE COUNTY ATTORNEY AND25
443+EMPLOY ITS OWN COUNSEL AND LEGAL STAFF FOR LEGAL SERVICES .26
444+(IV) A
445+N AUTHORITY MAY DELEGATE POWERS AND DUTIES TO ONE27
446+1172
447+-12- OR MORE OF ITS AGENTS OR EMPLOYEES AS IT DEEMS PROPER .1
448+(d) T
449+HE GOVERNING BODY SHALL FILE WITH THE COUNTY CLERK2
450+AND RECORDER A CERTIFICATE OF THE APPOINTMENT OR REAPPOINTMENT3
451+OF ANY AUTHORITY COMMISSIONER , AND THE CERTIFICATE IS CONCLUSIVE4
452+EVIDENCE OF THE DUE AND PROPER APPOINTMENT OF THE AUTHORITY5
453+COMMISSIONER.6
454+(e) A
455+N AUTHORITY COMMISSIONER RECEIVES NO COMPENSATION7
456+FOR SERVICES RENDERED, BUT IS ENTITLED TO REIMBURSEMENT FOR8
457+NECESSARY EXPENSES, INCLUDING TRAVELING EXPENSES , INCURRED IN9
458+THE DISCHARGE OF THE DUTIES DESCRIBED IN THIS ARTICLE 31.10
459+(f) A
460+ MAJORITY OF THE AUTHORITY COMMISSIONERS CONSTITUTES11
461+A QUORUM.12
462+(3) (a) (I) U
463+PON APPOINTMENT AS AN AUTHORITY COMMISSIONER ,13
464+AN AUTHORITY COMMISSIONER SHALL FILE A CERTIFICATE WITH THE14
465+DIVISION OF LOCAL GOVERNMENT IN THE DEPARTMENT OF LOCAL AFFAIRS15
466+SETTING FORTH THAT THE GOVERNING BODY , AFTER THE HEARING16
467+REQUIRED BY SUBSECTION (1)(b) OF THIS SECTION, MADE THE FINDINGS17
468+AND DECLARATION REQUIRED IN SUBSECTION (1)(c) OF THIS SECTION AND18
469+APPOINTED THE AUTHORITY COMMISSIONER .19
470+(II) U
471+PON AN AUTHORITY COMMISSIONER FILING SUCH A20
472+CERTIFICATE, THE AUTHORITY COMMISSIONER AND ANY SUCCESSOR21
473+CONSTITUTES THE COUNTY REVITALIZATION AUTHORITY , WHICH IS A BODY22
474+CORPORATE AND POLITIC.23
475+(b) I
476+N ANY SUIT, ACTION, OR PROCEEDING INVOLVING THE24
477+VALIDITY OR ENFORCEMENT OF ANY BOND , CONTRACT, MORTGAGE, TRUST25
478+INDENTURE, OR OTHER AGREEMENT OF THE AUTHORITY , THE AUTHORITY26
479+MUST BE CONCLUSIVELY DEEMED TO HAVE BEEN ESTABLISHED IN27
480+1172
481+-13- ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE 31 UPON PROOF OF1
482+THE FILING OF THE CERTIFICATE DESCRIBED IN THIS SUBSECTION (3). A2
483+COPY OF THE CERTIFICATE, DULY CERTIFIED BY THE DIRECTOR OF THE3
484+DIVISION OF LOCAL GOVERNMENT IN THE DEPARTMENT OF LOCAL AFFAIRS ,4
485+IS ADMISSIBLE IN EVIDENCE IN ANY SUCH SUIT, ACTION, OR PROCEEDING.5
486+(4) (a) (I) N
487+EITHER ANY AUTHORITY COMMISSIONER , AUTHORITY6
488+OFFICER, OR EMPLOYEE OF AN AUTHORITY NOR ANY IMMEDIATE FAMILY7
489+MEMBER OF ANY SUCH AUTHORITY COMMISSIONER , OFFICER, OR8
490+EMPLOYEE MAY ACQUIRE ANY INTEREST , DIRECT OR INDIRECT, IN ANY9
491+COUNTY REVITALIZATION PROJECT OR IN ANY PROPERTY INCLUDED OR10
492+PLANNED TO BE INCLUDED IN ANY COUNTY REVITALIZATION PROJECT .11
493+(II) A
494+N AUTHORITY COMMISSIONER SHALL NOT HAVE ANY12
495+INTEREST, DIRECT OR INDIRECT, IN ANY CONTRACT OR PROPOSED13
496+CONTRACT FOR MATERIALS OR SERVICES TO BE FURNISHED OR USED IN14
497+CONNECTION WITH ANY COUNTY REVITALIZATION PROJECT .15
498+(b) (I) (A) I
499+F AN AUTHORITY COMMISSIONER, AUTHORITY OFFICER,16
500+OR EMPLOYEE OF AN AUTHORITY OWNS OR CONTROLS AN INTEREST ,17
501+DIRECT OR INDIRECT, IN ANY PROPERTY INCLUDED OR PLANNED TO BE18
502+INCLUDED IN THE COUNTY REVITALIZATION PROJECT , THE AUTHORITY19
503+COMMISSIONER SHALL IMMEDIATELY DISCLOSE THE INTEREST IN WRITING20
504+TO THE AUTHORITY. THE DISCLOSURE MUST BE ENTERED UPON THE21
505+MINUTES OF THE AUTHORITY.22
506+(B) U
507+PON A DISCLOSURE MADE PURSUANT TO SUBSECTION23
508+(4)(b)(I)(A)
509+OF THIS SECTION, THE AUTHORITY COMMISSIONER , OFFICER,24
510+OR OTHER EMPLOYEE SHALL NOT PARTICIPATE IN ANY ACTION BY THE25
511+AUTHORITY AFFECTING THE CARRYING OUT OF THE COUNTY26
512+REVITALIZATION PROJECT PLANNING OR THE UNDERTAKING OF THE27
513+1172
514+-14- PROJECT, UNLESS THE AUTHORITY DETERMINES THAT , NOTWITHSTANDING1
515+THE PERSONAL INTEREST , THE PARTICIPATION OF THE AUTHORITY2
516+COMMISSIONER, OFFICER, OR EMPLOYEE WOULD NOT BE CONTRARY TO THE3
517+PUBLIC INTEREST.4
518+(II) A
519+CQUISITION OR RETENTION OF ANY INTEREST DESCRIBED IN5
520+SUBSECTION (4)(b)(I)(A) OF THIS SECTION WITHOUT A DETERMINATION BY6
521+THE AUTHORITY THAT THE INTEREST IS NOT CONTRARY TO THE PUBLIC7
522+INTEREST OR WILLFUL FAILURE TO DISCLOSE ANY SUCH INTEREST8
523+CONSTITUTES MISCONDUCT IN OFFICE .9
524+(5) (a) T
525+HE GOVERNING BODY MAY REMOVE AN AUTHORITY10
526+COMMISSIONER FOR INEFFICIENCY OR NEGLECT OF DUTY OR MISCONDUCT11
527+IN OFFICE ONLY AFTER THE AUTHORITY COMMISSIONER HAS BEEN GIVEN12
528+A COPY OF THE CHARGES THAT THE GOVERNING BODY MADE AGAINST THE13
529+AUTHORITY COMMISSIONER AND THE AUTHORITY COMMISSIONER HAS HAD14
530+AN OPPORTUNITY TO BE HEARD IN PERSON OR THROUGH COUNSEL BEFORE15
531+THE GOVERNING BODY.16
532+(b) I
533+F ANY AUTHORITY COMMISSIONER IS REMOVED , THE17
534+GOVERNING BODY SHALL FILE A RECORD OF THE PROCEEDINGS , TOGETHER18
535+WITH THE CHARGES MADE AGAINST THE AUTHORITY COMMISSIONER AND19
536+ANY RELATED FINDINGS, IN THE OFFICE OF THE COUNTY CLERK AND20
537+RECORDER.21
538+(6) (a) A
539+NY TAXING ENTITY, OTHER THAN
540+A SCHOOL DISTRICT OR22
541+THE COUNTY, THAT LEVIES TAXES IN AN AREA THAT WOULD FALL UNDER23
542+THE COUNTY REVITALIZATION PLAN PROPOSED BY THE AUTHORITY MAY24
543+FILE A PETITION WITH THE AUTHORITY REQUESTING TO JOIN THE25
544+AUTHORITY.26
545+(b) W
546+ITHIN THIRTY DAYS OF RECEIVING THE NOTICE DESCRIBED IN27
547+1172
548+-15- SUBSECTION (6)(a) OF THIS SECTION, THE AUTHORITY SHALL HOLD A1
549+PUBLIC HEARING TO DETERMINE WHETHER THE TAXING ENTITY THAT FILED2
550+A PETITION SHOULD BE INCLUDED IN THE AUTHORITY .3
551+(c) T
552+HE INCREMENTAL PROPERTY TAX REVENUE OF A TAXING4
553+ENTITY THAT EITHER DOES NOT FILE A PETITION IN ACCORDANCE WITH5
554+SUBSECTION (6)(a) OF THIS SECTION OR THAT THE AUTHORITY DECIDES6
555+NOT TO INCLUDE IN THE AUTHORITY DURING A HEARING HELD IN7
556+ACCORDANCE WITH SUBSECTION (6)(b) OF THIS SECTION SHALL NOT BE8
557+ALLOCATED UNDER THE COUNTY REVITALIZATION PLAN PROPOSED BY THE9
558+AUTHORITY.10
559+30-31-105. Powers of an authority. (1) A
560+N AUTHORITY HAS ALL11
561+THE POWERS NECESSARY OR CONVENIENT TO CARRY OUT AND EFFECTUATE12
562+THE PURPOSES AND PROVISIONS OF THIS ARTICLE 31, INCLUDING THE13
563+POWER TO:14
564+(a) S
565+UE AND TO BE SUED;15
566+(b) A
567+DOPT AND ALTER A SEAL;16
568+(c) H
569+AVE PERPETUAL SUCCESSION;17
570+(d) M
571+AKE, AND FROM TIME TO TIME AMEND AND REPEAL , BYLAWS,18
572+ORDERS, RULES, AND REGULATIONS TO EFFECTUATE THE PROVISIONS OF19
573+THIS ARTICLE 31;20
574+(e) U
575+NDERTAKE COUNTY REVITALIZATION PROJECTS ;21
576+(f) M
577+AKE AND EXECUTE ANY AND ALL CONTRACTS AND OTHER22
578+INSTRUMENTS WHICH IT MAY DEEM NECESSARY OR CONVENIENT TO THE23
579+EXERCISE OF ITS POWERS UNDER THIS ARTICLE 31, INCLUDING CONTRACTS24
580+FOR ADVANCES, LOANS, GRANTS, AND CONTRIBUTIONS FROM THE FEDERAL25
581+GOVERNMENT OR ANY OTHER SOURCE ;26
582+(g) A
583+RRANGE FOR THE FURNISHING OR REPAIR BY ANY PERSON OR27
584+1172
585+-16- PUBLIC BODY OF SERVICES, PRIVILEGES, WORKS, STREETS, ROADS, PUBLIC1
586+UTILITIES, OR EDUCATIONAL OR OTHER FACILITIES FOR OR IN CONNECTION2
587+WITH A PROJECT OF THE AUTHORITY;3
588+(h) D
589+EDICATE PROPERTY ACQUIRED OR HELD BY THE AUTHORITY4
590+FOR PUBLIC WORKS, IMPROVEMENTS, FACILITIES, UTILITIES, AND OTHER5
591+PURPOSES;6
592+(i) A
593+GREE, IN CONNECTION WITH ANY OF THE AUTHORITY 'S7
594+CONTRACTS, TO ANY CONDITIONS THAT THE AUTHORITY DEEMS8
595+REASONABLE AND APPROPRIATE UNDER THIS ARTICLE 31, INCLUDING9
596+CONDITIONS ATTACHED TO FEDERAL FINANCIAL ASSISTANCE , AND TO10
597+INCLUDE IN ANY CONTRACT MADE OR LET IN CONNECTION WITH ANY11
598+PROJECT OF THE AUTHORITY PROVISIONS TO FULFILL SUCH CONDITIONS AS12
599+IT MAY DEEM REASONABLE AND APPROPRIATE ;13
600+(j) A
601+RRANGE WITH THE COUNTY OR OTHER RELEVANT PUBLIC14
602+BODY TO PLAN, REPLAN, ZONE, OR REZONE ANY PART OF THE AREA OF THE15
603+COUNTY OR OTHER PUBLIC BODY IN C ONNECTION WITH ANY PROJECT16
604+PROPOSED OR BEING UNDERTAKEN BY THE AUTHORITY UNDER THIS17
605+ARTICLE 31;18
606+(k) E
607+NTER, WITH THE CONSENT OF THE OWNER, ANY BUILDING OR19
608+PROPERTY IN ORDER TO MAKE SURVEYS OR APPRAISALS AND TO OBTAIN AN20
609+ORDER FOR THIS PURPOSE FROM A COURT OF COMPETENT JURISDICTION IF21
610+ENTRY IS DENIED OR RESISTED;22
611+(l) A
612+CQUIRE ANY PROPERTY BY PURCHASE , LEASE, OPTION, GIFT,23
613+GRANT, BEQUEST, DEVISE, OR OTHERWISE TO ACQUIRE ANY INTEREST IN24
614+PROPERTY BY CONDEMNATION , INCLUDING A FEE SIMPLE ABSOLUTE TITLE,25
615+IN THE MANNER PROVIDED BY THE LAWS OF THE STATE FOR THE EXERCISE26
616+OF THE POWER OF EMINENT DOMAIN BY ANY OTHER PUBLIC BODY .27
617+1172
618+-17- PROPERTY ALREADY DEVOTED TO A PUBLIC USE MAY BE ACQUIRED IN A1
619+LIKE MANNER; EXCEPT THAT NO PROPERTY BELONGING TO THE FEDERAL2
620+GOVERNMENT OR TO A PUBLIC BODY MAY BE ACQUIRED WITHOUT ITS3
621+CONSENT. ANY ACQUISITION OF ANY INTEREST IN PROPERTY BY4
622+CONDEMNATION BY AN AUTHORITY MUST BE APPROVED AS PART OF THE5
623+COUNTY REVITALIZATION PLAN OR THE SUBSTANTIAL MODIFICATION OF6
624+THE COUNTY REVITALIZATION PLAN , AS PROVIDED IN SECTION 30-31-109,7
625+MUST BE APPROVED BY A MAJORITY VOTE OF THE GOVERNING BODY IN8
626+WHICH THE PROPERTY IS LOCATED, AND MUST SATISFY THE REQUIREMENTS9
627+OF SECTION 30-31-106.10
628+(m) H
629+OLD, IMPROVE, CLEAR, OR PREPARE FOR REDEVELOPMENT11
630+ANY PROPERTY ACQUIRED BY CONDEMNATION BY AN AUTHORITY ;12
631+(n) M
632+ORTGAGE, PLEDGE, HYPOTHECATE, OR OTHERWISE13
633+ENCUMBER OR DISPOSE OF ITS PROPERTY ;14
634+(o) I
635+NSURE ANY PROPERTY OR OPERATIONS OF THE AUTHORITY15
636+AGAINST ANY RISKS OR HAZARDS ; EXCEPT THAT NO PROVISION OF ANY16
637+OTHER LAW WITH RESPECT TO THE PLANNING OR UNDERTAKING OF17
638+PROJECTS OR THE ACQUISITION, CLEARANCE, OR DISPOSITION OF PROPERTY18
639+BY PUBLIC BODIES MAY RESTRICT AN AUTHORITY FROM EXERCISING19
640+POWERS UNDER THIS ARTICLE 31 WITH RESPECT TO A PROJECT OF THE20
641+AUTHORITY UNLESS THE GENERAL ASSEMBLY SO STATES ;21
642+(p) (I) I
643+NVEST ANY OF THE AUTHORITY 'S MONEY NOT REQUIRED22
644+FOR IMMEDIATE DISBURSEMENT IN PROPERTY OR IN SECURITIES IN WHICH23
645+PUBLIC BODIES MAY LEGALLY INVEST MONEY SUBJECT TO THEIR CONTROL24
646+PURSUANT TO PART 6 OF ARTICLE 75 OF TITLE 24, AND TO REDEEM SUCH25
647+BONDS AS THE AUTHORITY HAS ISSUED AT THE REDEMPTION PRICE26
648+ESTABLISHED THEREIN OR TO PURCHASE SUCH BONDS AT LESS THAN27
649+1172
650+-18- REDEMPTION PRICE. ALL SUCH BONDS ISSUED BY AND THEN REDEEMED OR1
651+PURCHASED BY AN AUTHORITY ARE CANCELED .2
652+(II) D
653+EPOSIT ANY MONEY NOT REQUIRED FOR IMMEDIATE3
654+DISBURSEMENT IN ANY DEPOSITORY AUTHORIZED IN SECTION 24-75-603.4
655+F
656+OR THE PURPOSE OF MAKING SUCH DEPOSITS , THE AUTHORITY MAY5
657+APPOINT, BY WRITTEN RESOLUTION, ONE OR MORE PERSONS TO ACT AS6
658+CUSTODIANS OF THE MONEY OF THE AUTHORITY . SUCH PERSONS SHALL7
659+GIVE SURETY BONDS IN SUCH AMOUNTS AND FORM AND FOR SUCH8
660+PURPOSES AS THE AUTHORITY REQUIRES .9
661+(III) B
662+ORROW MONEY AND APPLY FOR AND ACCEPT ADVANCES ,10
663+LOANS, GRANTS, AND CONTRIBUTIONS FROM THE FEDERAL GOVERNMENT11
664+OR ANY OTHER SOURCE FOR ANY OF THE PURPOSES OF THIS ARTICLE 3112
665+AND TO GIVE SUCH SECURITY AS THE FEDERAL GOVERNMENT OR OTHER13
666+LENDER MAY REQUIRE;14
667+(IV) M
668+AKE APPROPRIATIONS AND EXPENDITURES OF ITS FUNDS ;15
669+AND16
670+(V) S
671+ET UP, ESTABLISH, AND MAINTAIN GENERAL, SEPARATE, OR17
672+SPECIAL FUNDS AND BANK ACCOUNTS OR OTHER ACCOUNTS AS IT DEEMS18
673+NECESSARY TO CARRY OUT THE PURPOSES OF THIS ARTICLE 31;19
674+(q) M
675+AKE AND SUBMIT, OR RESUBMIT TO THE GOVERNING BODY20
676+FOR APPROPRIATE ACTION , THE AUTHORITY'S PROPOSED PLANS AND21
677+MODIFICATIONS TO THOSE PLANS AS NECESSARY FOR THE CARRYING OUT22
678+OF THE PURPOSES OF THIS ARTICLE 31. SUCH PLANS MUST INCLUDE:23
679+(I) A
680+ ROADMAP TO ASSIST THE COUNTY IN ITS PREPARATION OF A24
681+WORKABLE PROGRAM FOR UTILIZING APPROPRIATE PRIVATE AND PUBLIC25
682+RESOURCES TO TAKE ADVANTAGE OF REVITALIZATION AREAS , TO26
683+ENCOURAGE NEEDED COUNTY REVITALIZATION , TO PROVIDE FOR THE27
684+1172
685+-19- REDEVELOPMENT OF REVITALIZATION AREAS , OR TO UNDERTAKE SUCH1
686+ACTIVITIES AS MAY BE SUITABLY EMPLOYED TO ACHIEVE THE OBJECTIVES2
687+OF SUCH A WORKABLE PROGRAM , WHICH MAY INCLUDE PROVISIONS FOR :3
688+(A) T
689+HE REHABILITATION OR CONSERVATION OF REVITALIZATION4
690+AREAS OR PORTIONS OF THOSE AREAS BY REPLANNING , REMOVING5
691+CONGESTION, PROVIDING PUBLIC IMPROVEMENTS, AND ENCOURAGING THE6
692+REHABILITATION AND REPAIR OF DETERIORATED OR DETERIORATING7
693+STRUCTURES; AND8
694+(B) T
695+HE CLEARANCE AND REDEVELOPMENT OF REVITALIZATION9
696+AREAS OR PORTIONS OF THOSE AREAS ;10
697+(II) C
698+OUNTY REVITALIZATION PLANS;11
699+(III) P
700+LANS FOR THE RELOCATION OF THOSE INDIVIDUALS ,12
701+FAMILIES, AND BUSINESS CONCERNS SITUATED IN THE COUNTY13
702+REVITALIZATION AREA WHICH WILL BE DISPLACED BY THE COUNTY14
703+REVITALIZATION PROJECT. THESE RELOCATION PLANS MAY INCLUDE DATA15
704+SETTING FORTH A FEASIBLE METHOD FOR THE TEMPORARY RELOCATION OF16
705+SUCH INDIVIDUALS, FAMILIES, AND BUSINESS CONCERNS AND SHOWING17
706+THAT THERE WILL BE PROVIDED, IN THE COUNTY REVITALIZATION AREA OR18
707+IN OTHER AREAS NOT GENERALLY LESS DESIRABLE IN REGARD TO PUBLIC19
708+UTILITIES AND PUBLIC AND COMMERCIAL FACILITIES , AND AT RENTS OR20
709+PRICES WITHIN THE FINANCIAL MEANS OF SUCH INDIVIDUALS , FAMILIES,21
710+AND BUSINESS CONCERNS, DECENT, SAFE, AND SANITARY DWELLINGS AND22
711+COMMERCIAL SPACES EQUAL IN NUMBER TO AND AVAILABLE TO SUCH23
712+INDIVIDUALS, FAMILIES, AND BUSINESS CONCERNS AND REASONABLY24
713+ACCESSIBLE TO THEIR PLACES OF EMPLOYMENT OR BUSINESS .25
714+(IV) P
715+LANS FOR UNDERTAKING A PROGRAM OF VOLUNTARY REPAIR26
716+AND REHABILITATION OF BUILDINGS AND IMPROVEMENTS ;27
717+1172
718+-20- (V) PLANS FOR THE ENFORCEMENT OF STATE AND LOCAL LAWS ,1
719+CODES, AND REGULATIONS RELATING TO:2
720+(A) T
721+HE USE OF LAND;3
722+(B) T
723+HE USE AND OCCUPANCY OF BUILDINGS ;4
724+(C) B
725+UILDING IMPROVEMENTS; AND5
726+(D) T
727+HE REPAIR, REHABILITATION, DEMOLITION, OR REMOVAL OF6
728+BUILDINGS AND IMPROVEMENTS ; AND7
729+(VI) F
730+INANCING PLANS, MAPS, PLATS, APPRAISALS, TITLE8
731+SEARCHES, SURVEYS, STUDIES, AND OTHER PRELIMINARY PLANS AND9
732+WORK PERTINENT TO ANY PROPOSED PLANS OR MODIFICATIONS ;10
733+(r) M
734+AKE REASONABLE RELOCATION PAYMENTS TO OR WITH11
735+RESPECT TO INDIVIDUALS, FAMILIES, AND BUSINESS CONCERNS SITUATED12
736+IN THE COUNTY REVITALIZATION AREA THAT WILL BE DISPLACED AS13
737+PROVIDED IN SUBSECTION (1)(q)(III) OF THIS SECTION FOR MOVING14
738+EXPENSES AND ACTUAL DIRECT LOSSES OF PROPERTY INCLUDING , FOR15
739+BUSINESS CONCERNS , GOODWILL AND LOST PROFITS THAT ARE16
740+REASONABLY RELATED TO RELOCATION OF THE BUSINESS , RESULTING17
741+FROM THEIR DISPLACEMENT FOR WHICH REIMBURSEMENT OR18
742+COMPENSATION IS NOT OTHERWISE MADE , INCLUDING THE MAKING OF19
743+SUCH PAYMENTS FINANCED BY THE FEDERAL GOVERNMENT ;20
744+(s) D
745+EVELOP, TEST, AND REPORT METHODS AND TECHNIQUES FOR21
746+TAKING ADVANTAGE OF THE REVITALIZATION AREAS WITHIN THE COUNTY22
747+AND CARRY OUT DEMONSTRATIONS AND OTHER ACTIVITIES FOR TAKING23
748+ADVANTAGE OF THE REVITALIZATION AREAS ; AND24
749+(t) R
750+ENT OR PROVIDE BY OTHER MEANS , INCLUDING ACCEPTING25
751+THE USE OF SUITABLE QUARTERS FURNISHED BY THE RELEVANT COUNTY26
752+OR ANY OTHER PUBLIC BODY, SUITABLE QUARTERS FOR THE USE OF THE27
753+1172
754+-21- AUTHORITY AND EQUIP SUCH QUARTERS WITH FURNITURE , FURNISHINGS,1
755+EQUIPMENT, RECORDS, AND SUPPLIES AS THE AUTHORITY DEEMS2
756+NECESSARY TO ENABLE IT TO EXERCISE ITS POWERS UNDER THIS ARTICLE3
757+31.4
758+(2) N
759+O AUTHORITY HAS POWER TO LEVY OR ASSESS AD VALOREM5
760+TAXES, PERSONAL PROPERTY TAXES , OR ANY OTHER FORM OF TAXES6
761+INCLUDING SPECIAL ASSESSMENTS AGAINST ANY PROPERTY .7
762+(3) N
763+O MUNICIPALITY IS REQUIRED TO PROVIDE SERVICES WITHIN8
764+THE BOUNDARIES OF THE COUNTY REVITALIZATION
765+AREA OR TO PROVIDE9
766+OR EXPAND INFRASTRUCTURE OR FACILITIES TO SERVE A COUNTY10
767+REVITALIZATION PROJECT; EXCEPT THAT THE AUTHORITY OR COUNTY AND11
768+A MUNICIPALITY MAY ENTER INTO AN INTERGOVERNMENTAL AGREEMENT12
769+REGARDING THE PROVISION OF SERVICES WITHIN THE BOUNDARIES OF THE13
770+COUNTY REVITALIZATION AREA OR TO PROVIDE OR EXPAND14
771+INFRASTRUCTURE OR FACILITIES TO SERVICE A COUNTY REVITALIZATION15
772+PROJECT.16
773+(4) NOTHING IN THIS ARTICLE 31 SHALL BE CONSTRUED TO AFFECT17
774+THE AUTHORITY OF A MUNICIPALITY TO REGULATE AND PLAN FOR THE USE18
775+OF LAND OR AFFECT ANY AGREEMENT BETWEEN A MUNICIPALITY AND A19
776+LANDOWNER OR PUBLIC BODY RELATING TO THE USE OR DEVELOPMENT OF20
777+LAND.21
778+30-31-106. Acquisition of private property by eminent domain22
779+by authority for subsequent transfer to private party - restrictions -23
780+exceptions - right of civil action - damages - definitions.24
781+(1) (a) E
782+XCEPT AS PROVIDED IN THIS SUBSECTION (1) OR SUBSECTION (2)25
783+OF THIS SECTION, PRIVATE PROPERTY ACQUIRED BY EMINENT DOMAIN BY26
784+AN AUTHORITY PURSUANT TO SECTION 30-31-105 (1)(l) SHALL NOT LATER27
785+1172
786+-22- BE TRANSFERRED TO A PRIVATE PARTY UNLESS :1
787+(I) T
788+HE OWNER OF THE PROPERTY CONSENTS IN WRITING TO2
789+ACQUISITION OF THE PROPERTY BY EMINENT DOMAIN BY THE AUTHORITY ;3
790+(II) T
791+HE AUTHORITY DETERMINES THAT THE PROPERTY IS NO4
792+LONGER NECESSARY FOR THE PURPOSE FOR WHICH THE AUTHORITY5
793+ORIGINALLY ACQUIRED THE PROPERTY , AND THE AUTHORITY FIRST OFFERS6
794+TO SELL THE PROPERTY TO THE OWNER FROM WHICH THE AUTHORITY7
795+ACQUIRED THE PROPERTY, IF THE OWNER CAN BE LOCATED , AT A PRICE8
796+NOT MORE THAN THAT PAID BY THE AUTHORITY , AND THE OWNER OF THE9
797+PROPERTY DECLINES THE AUTHORITY 'S OFFER;10
798+(III) T
799+HE PROPERTY ACQUIRED BY THE AUTHORITY IS ABANDONED ;11
800+OR12
801+(IV) T
802+HE OWNER OF THE PROPERTY REQUESTS OR PLEADS IN AN13
803+EMINENT DOMAIN ACTION THAT THE AUTHORITY ACQUIRING THE14
804+PROPERTY ALSO ACQUIRE PROPERTY THAT IS NOT ESSENTIAL TO THE15
805+PURPOSE OF THE AUTHORITY 'S ACQUISITION ON THE BASIS THAT16
806+ACQUIRING LESS PROPERTY WOULD LEAVE THE OWNER OF THE PROPERTY17
807+HOLDING AN UNECONOMIC REMNANT .18
808+(b) N
809+OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION ,19
810+A TRANSFER THAT SATISFIES THE REQUIREMENTS OF THIS SUBSECTION (1)20
811+IS NOT SUBJECT TO THE PROVISIONS OF SUBSECTION (2), (3), OR (4) OF THIS21
812+SECTION.22
813+(2) (a) I
814+F A PROPOSED TRANSFER OF PRIVATE PROPERTY ACQUIRED23
815+BY AN AUTHORITY BY EMINENT DOMAIN DOES NOT SATISFY ONE OF THE24
816+REQUIREMENTS SPECIFIED IN SUBSECTION (1)(a) OF THIS SECTION, SUCH25
817+PROPERTY MAY LATER BE TRANSFERRED TO A PRIVATE PARTY ONLY AFTER26
818+THE FOLLOWING CONDITIONS ARE SATISFIED :27
819+1172
820+-23- (I) THE GOVERNING BODY MAKES A DETERMINATION THAT THE1
821+PROPERTY IS LOCATED IN A REVITALIZATION AREA AND THAT THE COUNTY2
822+REVITALIZATION PROJECT FOR WHICH THE PROPERTY WAS BEING3
823+ACQUIRED WILL COMMENCE NO LATER THAN SEVEN YEARS FROM THE DATE4
824+THE GOVERNING BODY MADE THE REVITALIZATION AREA DETERMINATION .5
825+F
826+OR PURPOSES OF THIS SUBSECTION (2)(a)(I), THE GOVERNING BODY'S6
827+DETERMINATION OF WHETHER A PARTICULAR AREA OR PROPERTY IS A7
828+REVITALIZATION AREA MUST BE BASED UPON INFORMATION THAT IS8
829+REASONABLY CURRENT WHEN THE GOVERNING BODY MAKES THE9
830+DETERMINATION.10
831+(II) N
832+OT LATER THAN THE COMMENCEMENT OF THE NEGOTIATION11
833+OF AN AGREEMENT FOR THE REDEVELOPMENT OR REHABILITATION OF12
834+PROPERTY ACQUIRED OR TO BE ACQUIRED BY EMINENT DOMAIN , THE13
835+AUTHORITY PROVIDES NOTICE AND INVITES PROPOSALS FOR14
836+REDEVELOPMENT OR REHABILITATION FROM ALL PROPERTY OWNERS ,15
837+RESIDENTS, AND OWNERS OF BUSINESS CONCERNS LOCATED ON THE16
838+PROPERTY ACQUIRED OR TO BE ACQUIRED BY EMINENT DOMAIN IN THE17
839+COUNTY REVITALIZATION AREA BY MAILING NOTICE TO THEIR LAST18
840+KNOWN ADDRESS OF RECORD . THE AUTHORITY MAY, AT THE SAME TIME,19
841+INVITE PROPOSALS FOR REDEVELOPMENT OR REHABILITATION FROM20
842+OWNERS OF BUSINESS CONCERNS , OTHER INTERESTED PERSONS WHO MAY21
843+NOT BE PROPERTY OWNERS , OR RESIDENTS WITHIN THE COUNTY22
844+REVITALIZATION AREA AND MAY PROVIDE PUBLIC NOTICE THEREOF BY23
845+PUBLICATION IN A NEWSPAPER HAVING A GENERAL CIRCULATION WITHIN24
846+THE COUNTY IN WHICH THE AUTHORITY HAS BEEN ESTABLISHED .25
847+(III) I
848+N THE CASE OF A SET OF PARCELS TO BE ACQUIRED BY THE26
849+AUTHORITY IN CONNECTION WITH THE COUNTY REVITALIZATION PROJECT ,27
850+1172
851+-24- AT LEAST ONE OF WHICH PARCELS IS OWNED BY AN OWNER REFUSING OR1
852+REJECTING AN AGREEMENT FOR THE ACQUISITION OF THE ENTIRE SET OF2
853+PARCELS, THE AUTHORITY MAKES A DETERMINATION THAT THE3
854+REDEVELOPMENT OR REHABILITATION OF THE REMAINING PARCELS IS NOT4
855+VIABLE UNDER THE COUNTY REVITALIZATION PLAN WITHOUT THE PARCEL5
856+AT ISSUE.6
857+(b) (I) A
858+NY OWNER OF PROPERTY LOCATED WITHIN THE COUNTY7
859+REVITALIZATION AREA MAY CHALLENGE THE DETERMINATION OF A8
860+REVITALIZATION AREA MADE BY THE GOVERNING BODY PURSUANT TO9
861+SUBSECTION (2)(a)(I) OF THIS SECTION BY FILING, NOT LATER THAN THIRTY10
862+DAYS AFTER THE DETERMINATION , A CIVIL ACTION IN DISTRICT COURT11
863+PURSUANT TO C.R.C.P. 106 (a)(4) FOR JUDICIAL REVIEW OF THE EXERCISE12
864+OF DISCRETION ON THE PART OF THE GOVERNING BODY IN MAKING THE13
865+DETERMINATION. ANY SUCH ACTION MUST BE GOVERNED IN ACCOR DANCE14
866+WITH THE PROCEDURES AND OTHER REQUIREMENTS SPECIFIED IN C.R.C.P.15
867+106 (a)(4);
868+EXCEPT THAT THE GOVERNING BODY HAS THE BURDEN OF16
869+PROVING THAT, IN MAKING ITS REVITALIZATION AREA DETERMINATION , IT17
870+NEITHER EXCEEDED ITS JURISDICTION NOR ABUSED ITS DISCRETION .18
871+(II) I
872+F THE OWNER IS THE PREVAILING PARTY ON A CHALLENGE19
873+BROUGHT PURSUANT TO THIS SUBSECTION (2)(b), AN AUTHORITY SEEKING20
874+TO ACQUIRE PROPERTY BY EMINENT DOMAIN IN ACCORDANCE WITH THE21
875+REQUIREMENTS OF THIS SUBSECTION (2) SHALL REIMBURSE THE OWNER OF22
876+THE PROPERTY FOR REASONABLE ATTORNEY FEES INCURRED BY THE23
877+OWNER IN CONNECTION WITH THE ACQUISITION .24
878+(c) N
879+OTWITHSTANDING ANY OTHER PROVISION OF LAW , ANY25
880+DETERMINATION MADE BY THE GOVERNING BODY PURSUANT TO26
881+SUBSECTION (2)(a) OF THIS SECTION IS A LEGISLATIVE DETERMINATION27
882+1172
883+-25- AND NOT A QUASI-JUDICIAL DETERMINATION.1
884+(d) N
885+OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE2
886+31,
887+ AN AUTHORITY'S EMINENT DOMAIN AUTHORITY SHALL NOT EXCEED3
888+THAT OF THE COUNTY WHERE THE AUTHORITY IS LOCATED .4
889+(3) (a) (I) A
890+NY AUTHORITY THAT EXERCISES THE POWER OF5
891+EMINENT DOMAIN TO TRANSFER ACQUIRED PROPERTY TO ANOTHER6
892+PRIVATE PARTY AS AUTHORIZED IN ACCORDANCE WITH THE7
893+REQUIREMENTS OF THIS SECTION SHALL ADOPT RELOCATION ASSISTANCE8
894+AND LAND ACQUISITION POLICIES TO BENEFIT DISPLACED PERSONS THAT9
895+ARE CONSISTENT WITH THOSE SET FORTH IN ARTICLE 56 OF TITLE 24 TO10
896+THE EXTENT APPLICABLE TO THE FACTS OF EACH SPECIFIC PROPERTY AND11
897+AT THE TIME OF THE RELOCATION OF THE OWNER OR THE OCCUPANT . AN12
898+AUTHORITY SHALL PROVIDE COMPENSATION OR OTHER FORMS OF13
899+ASSISTANCE TO ANY DISPLACED PERSON IN ACCORDANCE WITH THE14
900+ADOPTED POLICIES.15
901+(II) I
902+N THE CASE OF A BUSINESS CONCERN DISPLACED BY THE16
903+ACQUISITION OF PROPERTY BY EMINENT DOMAIN , THE AUTHORITY SHALL17
904+MAKE A BUSINESS INTERRUPTION PAYMENT TO THE BUSINESS CONCERN18
905+NOT TO EXCEED THE LESSER OF TEN THOUSAND DOLLARS OR ONE -FOURTH19
906+OF THE AVERAGE ANNUAL TAXABLE INCOME SHOWN ON THE THREE MOST20
907+RECENT FEDERAL INCOME TAX RETURNS OF THE BUSINESS CONCERN .21
908+(b) I
909+N ANY CASE WHERE THE ACQUISITION OF PROPERTY BY22
910+EMINENT DOMAIN BY AN AUTHORITY DISPLACES INDIVIDUALS , FAMILIES,23
911+OR BUSINESS CONCERNS, THE AUTHORITY SHALL MAKE REASONABLE24
912+EFFORTS TO RELOCATE THOSE INDIVIDUALS , FAMILIES, OR BUSINESS25
913+CONCERNS WITHIN THE COUNTY REVITALIZATION AREA . THIS RELOCATION26
914+MUST BE CONSISTENT WITH THE USES PROVIDED IN THE COUNTY27
915+1172
916+-26- REVITALIZATION PLAN OR IN AREAS WITHIN REASONABLE PROXIMITY TO ,1
917+OR COMPARABLE TO, THE ORIGINAL LOCATION OF SUCH INDIVIDUALS ,2
918+FAMILIES, OR BUSINESS CONCERNS.3
919+(4) A
920+S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE4
921+REQUIRES, "PRIVATE PROPERTY" OR "PROPERTY" MEANS, AS APPLIED TO5
922+REAL PROPERTY, ONLY A FEE OWNERSHIP INTEREST.6
923+30-31-107. Condemnation actions by authorities - effect of7
924+other provisions. N
925+OTWITHSTANDING ANY OTHER PROVISION OF LAW ,8
926+ANY CONDEMNATION ACTION COMMENCED BY AN AUTHORITY MUST9
927+SATISFY THE REQUIREMENTS OF SECTION 38-1-101. TO THE EXTENT THAT10
928+THERE IS ANY CONFLICT BETWEEN THIS ARTICLE 31 AND SECTION11
929+38-1-101,
930+ SECTION 38-1-101 CONTROLS.12
931+30-31-108. Disposal of property in county revitalization area.13
932+(1) (a) A
933+N AUTHORITY MAY SELL, LEASE, OR OTHERWISE TRANSFER REAL14
934+PROPERTY OR ANY INTEREST THEREIN ACQUIRED BY THE AUTHORITY AS15
935+PART OF THE COUNTY REVITALIZATION PROJECT FOR RESIDENTIAL ,16
936+RECREATIONAL, COMMERCIAL, INDUSTRIAL, OR OTHER USES, OR FOR17
937+PUBLIC USE IN ACCORDANCE WITH THE COUNTY REVITALIZATION PLAN ,18
938+SUBJECT TO SUCH COVENANTS , CONDITIONS, AND RESTRICTIONS,19
939+INCLUDING COVENANTS RUNNING WITH THE L AND AND THE20
940+INCORPORATION BY REFERENCE OF THE PROVISIONS OF THE COUNTY21
941+REVITALIZATION PLAN OR ANY PART THEREOF AS THE AUTHORITY DEEMS22
942+TO BE IN THE PUBLIC INTEREST OR NECESSARY TO CARRY OUT THE23
943+PURPOSES OF THIS ARTICLE 31.24
944+(b) T
945+HE PURCHASERS, LESSEES, TRANSFEREES, AND THEIR25
946+SUCCESSORS AND ASSIGNEES DESCRIBED IN THIS SUBSECTION (1) ARE26
947+OBLIGATED TO DEVOTE THE REAL PROPERTY DESCRIBED IN THIS27
948+1172
949+-27- SUBSECTION (1) ONLY TO THE LAND USES , DESIGNS, BUILDING1
950+REQUIREMENTS, TIMING, OR PROCEDURES SPECIFIED IN THE COUNTY2
951+REVITALIZATION PLAN AND MAY BE OBLIGATED TO COMPLY WITH OTHER3
952+REQUIREMENTS THAT THE AUTHORITY DETERMINES ARE IN THE PUBLIC4
953+INTEREST, INCLUDING THE OBLIGATION TO BEGIN ANY IMPROVEMENTS ON5
954+SUCH REAL PROPERTY THAT ARE REQUIRED BY THE COUNTY6
955+REVITALIZATION PLAN WITHIN A REASONABLE TIME .7
956+(c) (I) T
957+HE REAL PROPERTY OR INTEREST DESCRIBED IN8
958+SUBSECTION (1)(a) OF THIS SECTION MUST BE SOLD , LEASED, OR9
959+OTHERWISE TRANSFERRED AT NOT LESS THAN ITS FAIR VALUE AS10
960+DETERMINED BY THE AUTHORITY FOR USES IN ACCORDANCE WITH THE11
961+COUNTY REVITALIZATION PLAN .12
962+(II) I
963+N DETERMINING THE FAIR VALUE OF REAL PROPERTY FOR USES13
964+IN ACCORDANCE WITH THE COUNTY REVITALIZATION PLAN , AN AUTHORITY14
965+SHALL TAKE INTO ACCOUNT:15
966+(A) T
967+HE USES PROVIDED IN THE COUNTY REVITALIZATION PLAN ;16
968+(B) T
969+HE RESTRICTIONS UPON AND THE COVENANTS , CONDITIONS,17
970+AND OBLIGATIONS ASSUMED BY THE PURCHASER OR LESSEE ; AND18
971+(C) T
972+HE OBJECTIVES OF THE COUNTY REVITALIZATION PLAN IN19
973+RELATION TO TAKING ADVANTAGE OF REVITALIZATION AREAS .20
974+(d) (I) R
975+EAL PROPERTY ACQUIRED BY AN AUTHORITY WHICH , IN21
976+ACCORDANCE WITH THE PROVISIONS OF THE COUNTY REVITALIZATION22
977+PLAN, IS TO BE TRANSFERRED MUST BE TRANSFERRED AS RAPIDLY AS23
978+FEASIBLE IN THE PUBLIC INTEREST CONSISTENT WITH THE COUNTY24
979+REVITALIZATION PLAN.25
980+(II) A
981+NY CONTRACT FOR THE TRANSFER OF REAL PROPERTY26
982+DESCRIBED IN THIS SECTION AND THE COUNTY REVITALIZATION PLAN , OR27
983+1172
984+-28- ANY PART OF THE CONTRACT OR PLAN AS THE AUTHORITY MAY1
985+DETERMINE, MAY BE RECORDED IN THE LAND RECORDS OF THE COUNTY IN2
986+SUCH MANNER AS TO AFFORD ACTUAL OR CONSTRUCTIVE NOTICE .3
987+(2) (a) A
988+N AUTHORITY SHALL ONLY DISPOSE OF REAL PROPERTY IN4
989+THE COUNTY REVITALIZATION AREA TO PRIVATE PERSONS UNDER SUCH5
990+REASONABLE COMPETITIVE BIDDING PROCEDURES AS THE AUTHORITY6
991+PRESCRIBES OR AS PROVIDED IN THIS SUBSECTION (2).7
992+(b) (I) A
993+N AUTHORITY, BY PUBLIC NOTICE BY PUBLICATION ONCE8
994+EACH WEEK FOR TWO CONSECUTIVE WEEKS IN A NEWSPAPER HAVING A9
995+GENERAL CIRCULATION IN THE COUNTY , BEFORE THE EXECUTION OF ANY10
996+CONTRACT TO SELL, LEASE, OR OTHERWISE TRANSFER REAL PROPERTY ,11
997+AND BEFORE THE DELIVERY OF ANY INSTRUMENT OF CONVEYANCE12
998+PURSUANT TO THIS SECTION, MAY INVITE PROPOSALS FROM AND MAKE13
999+AVAILABLE ALL PERTINENT INFORMATION TO ANY PERSON INTERESTED IN14
1000+UNDERTAKING THE REDEVELOPMENT OR REHABILITATION OF THE COUNTY15
1001+REVITALIZATION AREA OR ANY PART THEREOF .16
1002+(II) N
1003+OTICE GIVEN IN ACCORDANCE WITH THIS SUBSECTION (2)(b)17
1004+MUST IDENTIFY THE RELEVANT PORTION OF THE AREA AND MUST STATE18
1005+THAT SUCH FURTHER INFORMATION AS IS AVAILABLE MAY BE OBTAINED19
1006+AT THE OFFICE DESIGNATED IN THE NOTICE.20
1007+(c) A
1008+N AUTHORITY SHALL CONSIDER ALL REDEVELOPMENT OR21
1009+REHABILITATION PROPOSALS RECEIVED IN ACCORDANCE WITH SUBSECTION22
1010+(2)(b)
1011+OF THIS SECTION AND THE FINANCIAL AND LEGAL ABILITY OF THE23
1012+PERSONS MAKING THE PROPOSALS TO CARRY THEM OUT AND MAY24
1013+NEGOTIATE WITH ANY PERSONS FOR PROPOSALS FOR THE PURCHASE ,25
1014+LEASE, OR OTHER TRANSFER OF ANY REAL PROPERTY ACQUIRED BY THE26
1015+AUTHORITY IN THE COUNTY REVITALIZATION AREA .27
1016+1172
1017+-29- (d) AN AUTHORITY MAY ACCEPT SUCH PROPOSALS AS IT DEEMS TO1
1018+BE IN THE PUBLIC INTEREST AND IN FURTHERANCE OF THE PURPOSES OF2
1019+THIS ARTICLE 31.3
1020+(e) A
1021+N AUTHORITY SHALL FILE A NOTIFICATION OF INTENTION TO4
1022+ACCEPT A PROPOSAL WITH THE GOVERNING BODY NOT LESS THAN FIFTEEN5
1023+DAYS BEFORE ANY SUCH ACCEPTANCE . THEREAFTER, THE AUTHORITY MAY6
1024+EXECUTE THE PROPOSAL IN ACCORDANCE WITH THE PROVISIONS OF7
1025+SUBSECTION (1) OF THIS SECTION AND DELIVER DEEDS , LEASES, AND8
1026+OTHER INSTRUMENTS AND TAKE ALL STEPS NECESSARY TO EFFECTUATE9
1027+THE PROPOSAL.10
1028+(3) A
1029+N AUTHORITY MAY TEMPORARILY OPERATE AND MAINTAIN11
1030+REAL PROPERTY ACQUIRED IN THE COUNTY REVITALIZATION AREA12
1031+PENDING THE DISPOSITION OF THE PROPERTY FOR REDEVELOPMENT13
1032+WITHOUT REGARD TO THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION14
1033+FOR SUCH USES AND PURPOSES AS IT DEEMS DESIRABLE EVEN IF THOSE15
1034+USES AND PURPOSES ARE NOT IN CONFORMITY WITH THE COUNTY16
1035+REVITALIZATION PLAN.17
1036+(4) N
1037+OTWITHSTANDING SUBSECTION (1) OF THIS SECTION, AN18
1038+AUTHORITY MAY SET ASIDE , DEDICATE, AND DEVOTE PROJECT REAL19
1039+PROPERTY TO PUBLIC USES IN ACCORDANCE WITH THE COUNTY20
1040+REVITALIZATION PLAN OR SET ASIDE , DEDICATE, AND TRANSFER REAL21
1041+PROPERTY TO THE COUNTY OR TO ANY OTHER APPROPRIATE PUBLIC BODY22
1042+FOR PUBLIC USES IN ACCORDANCE WITH THE COUNTY REVITALIZATION23
1043+PLAN WITH OR WITHOUT COMPENSATION FOR SUCH PROPERTY , WITH OR24
1044+WITHOUT REGARD TO THE FAIR VALUE OF SUCH PROPERTY AS DETERMINED25
1045+IN SUBSECTION (1) OF THIS SECTION, AND UPON OR SUBJECT TO SUCH26
1046+TERMS, CONDITIONS, COVENANTS, RESTRICTIONS, OR LIMITATIONS AS THE27
1047+1172
1048+-30- AUTHORITY DEEMS TO BE IN THE PUBLIC INTEREST AND AS ARE1
1049+CONSISTENT WITH THE PURPOSES AND OBJECTIVES AND THE OTHER2
1050+APPLICABLE PROVISIONS OF THIS ARTICLE 31.3
1051+30-31-109. Approval of county revitalization plans by local4
1052+governing body - definitions. (1) (a) A
1053+N AUTHORITY MAY NOT5
1054+UNDERTAKE THE COUNTY REVITALIZATION PROJECT FOR THE COUNTY6
1055+REVITALIZATION AREA UNLESS , BASED ON EVIDENCE PRESENTED AT A7
1056+PUBLIC HEARING, THE GOVERNING BODY HAS DETERMINED BY RESOLUTION8
1057+THAT THE AREA IS A REVITALIZATION AREA AND HAS DESIGNATED THE9
1058+AREA AS APPROPRIATE FOR A COUNTY REVITALIZATION PROJECT .10
1059+(b) (I) N
1060+OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE11
1061+31,
1062+ WITHIN THIRTY DAYS OF COMMISSIONING A STUDY TO DETERMINE12
1063+WHETHER AN AREA IS A REVITALIZATION AREA IN ACCORDANCE WITH THE13
1064+REQUIREMENTS OF SUBSECTION (1)(a) OF THIS SECTION, THE AUTHORITY14
1065+SHALL PROVIDE NOTICE TO ANY OWNER OF PRIVATE PROPERTY LOCATED15
1066+IN THE AREA THAT IS THE SUBJECT OF THE STUDY BY MAILING NOTICE TO16
1067+THE OWNER BY REGULAR MAIL AT THE LAST -KNOWN ADDRESS OF
1068+RECORD17
1069+AND TO ANY MUNICIPALITY WITHIN THREE MILES OF THE PROPOSED AREA.18
1070+T
1071+HE NOTICE MUST STATE THAT THE AUTHORITY IS COMMENCING A STUDY19
1072+NECESSARY FOR MAKING A DETERMINATION AS TO WHETHER THE AREA IN20
1073+WHICH THE OWNER OWNS PROPERTY IS A REVITALIZATION AREA . WITHIN21
1074+SEVEN DAYS OF MAKING SUCH DETERMINATION , THE AUTHORITY OR THE22
1075+COUNTY, AS APPLICABLE, SHALL ALSO PROVIDE NOTICE OF THE23
1076+DETERMINATION TO ANY OWNER OF PRIVATE PROPERTY LOCATED IN THE24
1077+AREA THAT IS THE SUBJECT OF THE STUDY BY MAILING NOTICE TO THE25
1078+OWNER BY REGULAR MAIL AT THE LAST -KNOWN ADDRESS OF RECORD .26
1079+(II) A
1080+S USED IN THIS SUBSECTION (1)(b), "PRIVATE PROPERTY"27
1081+1172
1082+-31- MEANS, AS APPLIED TO REAL PROPERTY, ONLY A FEE OWNERSHIP INTEREST.1
1083+(c) (I) T
1084+HE BOUNDARIES OF AN AREA THAT THE GOVERNING BODY2
1085+DETERMINES TO BE A REVITALIZATION AREA MUST BE DRAWN AS3
1086+NARROWLY AS THE GOVERNING BODY DETERMINES FEASIBLE TO4
1087+ACCOMPLISH THE PLANNING AND DEVELOPMENT OBJECTIVES OF THE5
1088+PROPOSED COUNTY REVITALIZATION PLAN . THE GOVERNING BODY SHALL6
1089+NOT APPROVE THE COUNTY REVITALIZATION PLAN UNTIL A GENERAL PLAN7
1090+FOR THE COUNTY HAS BEEN PREPARED . IN MAKING THE DETERMINATION8
1091+AS TO WHETHER A PARTICULAR AREA IS A REVITALIZATION AREA9
1092+PURSUANT TO THE PROVISIONS OF THIS ARTICLE 31, ANY PARTICULAR10
1093+CONDITION FOUND TO BE PRESENT MAY SATISFY AS MANY OF THE FACTORS11
1094+REFERENCED IN SECTION 30-31-103 (14) AS ARE APPLICABLE TO THE12
1095+CONDITION.13
1096+(II) N
1097+OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE14
1098+31,
1099+ NO COUNTY REVITALIZATION AREA MAY CONTAIN ANY AGRICULTURAL15
1100+LAND UNLESS:16
1101+(A) T
1102+HE AGRICULTURAL LAND IS A BROWNFIELD SITE ;17
1103+(B) N
1104+OT LESS THAN ONE-HALF OF THE COUNTY REVITALIZATION18
1105+AREA AS A WHOLE CONSISTS OF PARCELS OF LAND CONTAINING19
1106+URBAN-LEVEL DEVELOPMENT THAT , AT THE TIME OF THE DESIGNATION OF20
1107+SUCH AREA, THE GOVERNING BODY DETERMINES TO BE A REVITALIZATION21
1108+AREA IN ACCORDANCE WITH THE REQUIREMENTS OF SUBSECTION (1)(a) OF22
1109+THIS SECTION, AND NOT LESS THAN TWO-THIRDS OF THE PERIMETER OF THE23
1110+COUNTY REVITALIZATION AREA AS A WHOLE IS CONTIGUOUS WITH24
1111+URBAN-LEVEL DEVELOPMENT AS DETERMINED AT THE TIME OF THE25
1112+DESIGNATION OF SUCH AREA;26
1113+(C) T
1114+HE AGRICULTURAL LAND IS AN ENCLAVE WITHIN THE27
1115+1172
1116+-32- TERRITORIAL BOUNDARIES OF THE COUNTY AND THE ENTIRE PERIMETER OF1
1117+THE ENCLAVE HAS BEEN CONTIGUOUS WITH URBAN -LEVEL DEVELOPMENT2
1118+FOR A PERIOD OF NOT LESS THAN THR EE YEARS AS DETERMINED AT THE3
1119+TIME OF THE DESIGNATION OF THE AREA; OR4
1120+(D) E
1121+ACH PUBLIC BODY THAT LEVIES AN AD VALOREM PROPERTY5
1122+TAX ON THE AGRICULTURAL LAND AGREES IN WRITING TO THE INCLUSION6
1123+OF THE AGRICULTURAL LAND WITHIN THE COUNTY REVITALIZATION AREA .7
1124+(III) N
1125+OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE8
1126+31,
1127+ THE COUNTY REVITALIZATION AUTHORITY MUST NOT OVERLAP WITH9
1128+AN URBAN RENEWAL AUTHORITY , AND THE
1129+ BOUNDARIES OF THE10
1130+COUNTY REVITALIZATION AREA MUST NOT OVERLAP WITH A11
1131+MUNICIPALITY, EXCEPT WHERE THE PROPERTY IS SUBSEQUENTLY ANNEXED12
1132+INTO THE MUNICIPALITY OR PURSUANT TO SECTION 30-31-118.13
1133+(d) A
1134+ COUNTY REVITALIZATION PLAN THAT IS APPROVED OR14
1135+SUBSTANTIALLY MODIFIED MUST INCLUDE A LEGAL DESCRIPTION OF THE15
1136+COUNTY REVITALIZATION AREA , INCLUDING THE LEGAL DESCRIPTION OF16
1137+ANY AGRICULTURAL LAND PROPOSED FOR INCLUSION WITHIN THE COUNTY17
1138+REVITALIZATION AREA PURSUANT TO SUBSECTION (1)(c)(II) OF THIS18
1139+SECTION.19
1140+(2) (a) P
1141+RIOR TO APPROVING A COUNTY REVITALIZATION PLAN , A20
1142+GOVERNING BODY SHALL SUBMIT THE PLAN TO THE COUNTY PLANNING21
1143+COMMISSION FOR REVIEW AND RECOMMENDATIONS AS TO THE PLAN 'S22
1144+CONFORMITY WITH THE GENERAL PLAN FOR THE DEVELOPMENT OF THE23
1145+COUNTY AS A WHOLE.
1146+THE COUNTY PLANNING COMMISSION SHALL ALSO24
1147+REVIEW AND PROVIDE RECOMME NDATIONS AS TO THE PLAN'S INTERACTION25
1148+WITH APPLICABLE MUNICIPAL PLANS FOR THE DEVELOPMENT OF26
1149+UNINCORPORATED TERRITORY IF THE COUNTY REVITALIZATION PLAN27
1150+1172
1151+-33- INCLUDES PROPERTY THAT IS INCLUDED WITHIN A MUNICIPAL PLAN1
1152+ADOPTED PURSUANT TO SECTION 31-12-105 (1)(e)(I) OR SECTION2
1153+31-23-212.3
1154+(b) T
1155+HE PLANNING COMMISSION SHALL SUBMIT ITS WRITTEN4
1156+RECOMMENDATIONS TO THE GOVERNING BODY WITHIN THIRTY DAYS5
1157+AFTER RECEIPT OF THE PLAN.6
1158+(c) U
1159+PON RECEIPT OF THE RECOMMENDATIONS OF THE PLANNING7
1160+COMMISSION OR, IF NO RECOMMENDATIONS ARE RECEIVED WITHIN THIRTY8
1161+DAYS, WITHOUT SUCH RECOMMENDATIONS , A GOVERNING BODY MAY9
1162+PROCEED WITH THE HEARING ON THE PROPOSED COUNTY REVITALIZATION10
1163+PLAN REQUIRED BY SUBSECTION
1164+(5) OF THIS SECTION.11
1165+(3) (a) AT LEAST THIRTY DAYS PRIOR TO THE HEARING DESCRIBED12
1166+IN SUBSECTION (5)(a) OF THIS SECTION ON A COUNTY REVITALIZATION13
1167+PLAN OR A SUBSTANTIAL MODIFICATION TO A COUNTY REVITALIZATION14
1168+PLAN, THE COUNTY OR THE AUTHORITY SHALL SUBMIT A COUNTY15
1169+REVITALIZATION IMPACT REPORT ALONG WITH THE COUNTY16
1170+REVITALIZATION PLAN OR MODIFICATION TO A COUNTY REVITALIZATION17
1171+PLAN TO EVERY MUNICIPALITY WITHIN ONE MILE OF THE COUNTY18
1172+REVITALIZATION AREA. THE COUNTY REVITALIZATION IMPACT REPORT19
1173+MUST INCLUDE, AT A MINIMUM , THE FOLLOWING INFORMATION20
1174+CONCERNING THE IMPACT OF SUCH A COUNTY REVITALIZATION PLAN : 21
1175+(I) AN ESTIMATE OF THE IMPACT OF THE COUNTY REVITALIZATION22
1176+PROJECT ON MUNICIPAL SERVICES AND INFRASTRUCTURE ;23
1177+(II) AN ESTIMATE OF THE COST AND EXTENT OF ADDITIONAL24
1178+MUNICIPAL INFRASTRUCTURE AND SERVICES THAT ARE ANTICIPATED TO BE25
1179+NEEDED TO SERVE DEVELOPMENT WITHIN THE PROPOSED COUNTY26
1180+REVITALIZATION AREA, AND THE BENEFIT OF IMPROVEMENTS WITHIN THE27
1181+1172
1182+-34- COUNTY REVITALIZATION AREA TO EXISTING MUNICIPAL INFRASTRUCTURE ;1
1183+(III) A STATEMENT SETTING FORTH THE METHOD UNDER WHICH2
1184+THE AUTHORITY OR THE COUNTY WILL FINANCE, OR THAT AGREEMENTS3
1185+ARE IN PLACE TO FINANCE, ANY ADDITIONAL MUNICIPAL INFRASTRUCTURE4
1186+AND SERVICES TO SERVE DEVELOPMENT IN THE COUNTY REVITALIZATION5
1187+AREA FOR THE DURATION OF THE COUNTY REVITALIZATION PROJECT; AND6
1188+(IV) ANY OTHER ESTIMATED IMPACTS OF THE COUNTY7
1189+REVITALIZATION PROJECT.8
1190+(b) THE INADVERTENT FAILURE OF A COUNTY OR AN AUTHORITY9
1191+TO SUBMIT A COUNTY REVITALIZATION PLAN, SUBSTANTIAL MODIFICATION10
1192+TO A COUNTY REVITALIZATION PLAN, OR A COUNTY REVITALIZATION11
1193+IMPACT REPORT, AS APPLICABLE, TO A MUNICIPALITY IN ACCORDANCE12
1194+WITH THE REQUIREMENTS OF SUBSECTION (3)(a) OF THIS SECTION NEITHER13
1195+CREATES A CAUSE OF ACTION IN FAVOR OF ANY PARTY NOR INVALIDATES14
1196+ANY COUNTY REVITALIZATION PLAN OR SUBSTANTIAL MODIFICATION TO15
1197+A COUNTY REVITALIZATION PLAN .16
1198+(c) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,17
1199+A CITY AND COUNTY IS NOT REQUIRED TO SUBMIT AN URBAN RENEWAL18
1200+IMPACT REPORT SATISFYING THE REQUIREMENTS OF SUBSECTION (3)(a) OF19
1201+THIS SECTION.20
1202+(4) UPON REQUEST OF THE COUNTY OR THE AUTHORITY, EACH21
1203+MUNICIPALITY THAT IS ENTITLED TO RECEIVE A COPY OF A COUNTY22
1204+REVITALIZATION PLAN OR A SUBSTANTIAL MODIFICATION TO A COUNTY23
1205+REVITALIZATION PLAN SHALL PROVIDE AVAILABLE MUNICIPAL DATA AND24
1206+PROJECTIONS TO THE COUNTY OR THE AUTHORITY TO ASSIST IN PREPARING25
1207+A COUNTY REVITALIZATION IMPACT REPORT PURSUANT TO SUBSECTION (3)26
1208+OF THIS SECTION.27
1209+1172
1210+-35- (5) (a) A GOVERNING BODY SHALL HOLD A PUBLIC HEARING ON THE1
1211+COUNTY REVITALIZATION PLAN OR A SUBSTANTIAL MODIFICATION OF AN2
1212+APPROVED COUNTY REVITALIZATION PLAN NO LESS THAN THIRTY DAYS3
1213+AFTER GIVING PUBLIC NOTICE OF THE HEARING .4
1214+(b) T
1215+HE NOTICE FOR THE PUBLIC HEARING MUST :5
1216+(I) B
1217+E PUBLISHED BY THE GOVERNING B ODY IN A NEWSPAPER6
1218+HAVING A GENERAL CIRCULATION IN THE COUNTY ;7
1219+(II) D
1220+ESCRIBE THE TIME, DATE, PLACE, AND PURPOSE OF THE8
1221+HEARING;9
1222+(III) G
1223+ENERALLY IDENTIFY THE COUNTY REVITALIZATION AREA10
1224+COVERED BY THE PLAN;11
1225+(IV) O
1226+UTLINE THE GENERAL SCOPE OF THE COUNTY12
1227+REVITALIZATION PROJECT UNDER CONSIDERATION ; AND13
1228+(V) B
1229+E PROVIDED BY THE COUNTY TO EVERY MUNICIPALITY14
1230+WITHIN THREE MILES OF THE AUTHORITY .15
1231+(c) I
1232+F AN AUTHORITY INTENDS TO ACQUIRE PRIVATE PROPERTY BY16
1233+EMINENT DOMAIN WITHIN THE COUNTY REVITALIZATION AREA THAT IS TO17
1234+BE SUBSEQUENTLY TRANSFERRED TO A PRIVATE PARTY IN ACCORDANCE18
1235+WITH THE REQUIREMENTS OF SECTION 30-31-106 (2), THE GOVERNING19
1236+BODY, BEFORE COMMENCING THE ACQUISITION OF THE PROPERTY , SHALL20
1237+HOLD A PUBLIC HEARING ON THE USE OF EMINENT DOMAIN AS A MEANS TO21
1238+ACQUIRE THE PROPERTY. THE GOVERNING BODY SHALL ONLY HOLD THIS22
1239+HEARING AFTER WRITTEN NOTICE OF THE TIME , DATE, PLACE, AND23
1240+PURPOSE OF THE HEARING HAS BEEN PROVIDED TO EACH OWNER OF24
1241+PROPERTY, AS PROPERTY IS DEFINED IN SECTION 30-31-106 (4), THAT IS25
1242+WITHIN THE COUNTY REVITALIZATION AREA AT LEAST THIRTY DAYS26
1243+BEFORE THE DATE OF THE HEARING. IN ORDER TO AUTHORIZE THE USE OF27
1244+1172
1245+-36- EMINENT DOMAIN AS A MEANS TO ACQUIRE PROPERTY , A GOVERNING BODY1
1246+SHALL BASE ITS AUTHORIZATION DECISION ON A FINDING OF2
1247+REVITALIZATION AREA CONDITIONS WITHOUT REGARD TO THE ECONOMIC3
1248+PERFORMANCE OF THE PROPERTY TO BE ACQUIRED .4
1249+(d) A
1250+T THE HEARING HELD PURSUANT TO THE NOTICE DESCRIBED5
1251+IN THIS SUBSECTION
1252+(5), THE GOVERNING BODY SHALL GRANT A FULL6
1253+OPPORTUNITY TO BE HEARD TO ALL MUNICIPALITIES WITHIN THREE MILES7
1254+OF THE AUTHORITY.8
1255+(6) FOLLOWING THE HEARING DESCRIBED IN SUBSECTION (5) OF9
1256+THIS SECTION, THE GOVERNING BODY MAY APPROVE THE COUNTY10
1257+REVITALIZATION PLAN IF THE GOVERNING BODY FINDS THAT :11
1258+(a) A
1259+ FEASIBLE METHOD EXISTS FOR THE RELOCATION OF12
1260+INDIVIDUALS AND FAMILIES WHO WILL BE DISPLACED BY THE COUNTY13
1261+REVITALIZATION PROJECT IN DECENT , SAFE, AND SANITARY DWELLING14
1262+ACCOMMODATIONS WITHIN THEIR MEANS AND WITHOUT UNDUE HARDSHIP15
1263+TO SUCH INDIVIDUALS AND FAMILIES;16
1264+(b) A
1265+ FEASIBLE METHOD EXISTS FOR THE RELOCATION OF BUSINESS17
1266+CONCERNS THAT WILL BE DISPLACED BY THE COUNTY REVITALIZATION18
1267+PROJECT IN THE COUNTY REVITALIZATION AREA OR IN OTHER AREAS THAT19
1268+ARE NOT GENERALLY LESS DESIRABLE WITH RESPECT TO PUBLIC UTILITIES20
1269+AND PUBLIC AND COMMERCIAL FACILITIES ;21
1270+(c) T
1271+HE GOVERNING BODY HAS TAKEN REASONABLE EFFORTS TO22
1272+PROVIDE WRITTEN NOTICE OF THE PUBLIC HEARING PRESCRIBED BY23
1273+SUBSECTION
1274+(5) OF THIS SECTION TO ALL PROPERTY OWNERS, RESIDENTS,24
1275+AND OWNERS OF BUSINESS CONCERNS IN THE PROPOSED COUNTY25
1276+REVITALIZATION AREA AT THEIR LAST -KNOWN ADDRESS OF RECORD AT26
1277+LEAST THIRTY DAYS BEFORE SUCH HEARING . THE NOTICE MUST CONTAIN27
1278+1172
1279+-37- THE SAME INFORMATION AS REQUIRED FOR THE NOTICE DESCRIBED IN1
1280+SUBSECTION (5) OF THIS SECTION.2
1281+(d) N
1282+O MORE THAN ONE HUNDRED TWENTY DAYS HAVE PASSED3
1283+SINCE THE COMMENCEMENT OF THE FIRST PUBLIC HEARING OF THE COUNTY4
1284+REVITALIZATION PLAN PURSUANT TO SUBSECTION
1285+(5) OF THIS SECTION;5
1286+(e) I
1287+F THE COUNTY REVITALIZATION PLAN CONTAINS PROPERTY6
1288+THAT WAS INCLUDED IN A PREVIOUSLY SUBMITTED COUNTY7
1289+REVITALIZATION PLAN THAT THE GOVERNING BODY FAILED TO APPROVE8
1290+PURSUANT TO THIS SECTION, AT LEAST TWENTY-FOUR MONTHS HAVE9
1291+PASSED SINCE THE COMMENCEMENT OF THE PRIOR PUBLIC HEARING10
1292+CONCERNING SUCH PROPERTY HELD PURSUANT TO SUBSECTION
1293+(5) OF THIS11
1294+SECTION, UNLESS SUBSTANTIAL CHANGES HAVE OCCURRED SINCE THE12
1295+COMMENCEMENT OF THE HEARING THAT RESULTED IN A DETERMINATION13
1296+THAT SUCH PROPERTY CONSTITUTED A REVITALIZATION AREA PURSUANT14
1297+TO SECTION 30-31-103 (14);15
1298+(f) T
1299+HE COUNTY REVITALIZATION PLAN CONFORMS TO THE16
1300+GENERAL PLAN OF THE COUNTY AS A
1301+WHOLE AND CONSIDERS APPLICABLE17
1302+MUNICIPAL PLANS FOR THE DEVELOPMENT OF UNINCORPORATED18
1303+TERRITORY, IF THE COUNTY REVITALIZATION PLAN INCLUDES PROPERTY19
1304+THAT IS INCLUDED WITHIN A MUNICIPAL PLAN ADOPTED PURSUANT TO20
1305+SECTION 31-12-105 (1)(e)(I) OR SECTION 31-23-212;21
1306+(g) T
1307+HE COUNTY REVITALIZATION PLAN WILL AFFORD MAXIMUM22
1308+OPPORTUNITY, CONSISTENT WITH THE SOUND NEEDS OF THE COUNTY AS A23
1309+WHOLE, FOR THE REHABILITATION OR REDEVELOPMENT OF THE COUNTY24
1310+REVITALIZATION AREA BY PRIVATE ENTERPRISE ;25
1311+(h) T
1312+HE AUTHORITY OR THE COUNTY WILL ADEQUATELY FINANCE ,26
1313+OR THAT AGREEMENTS ARE IN PLACE TO FINANCE , ANY ADDITIONAL27
1314+1172
1315+-38- COUNTY AND MUNICIPAL INFRASTRUCTURE AND SERVICES REQUIRED TO1
1316+SERVE DEVELOPMENT WITHIN THE COUNTY REVITALIZATION AREA FOR THE2
1317+PERIOD IN WHICH ALL OR ANY PORTION OF THE PROPERTY TAXES3
1318+DESCRIBED IN SUBSECTION (13)(a)(II) OF THIS SECTION AND LEVIED BY4
1319+THE COUNTY ARE PAID TO THE AUTHORITY ; 5
1320+(i) T
1321+HE ADOPTION OF THE PLAN WILL NOT CREATE AN UNDUE6
1322+BURDEN ON ANY MUNICIPALITY THAT PROVIDES MUNICIPAL SERVICES
1323+OR7
1324+THAT OWNS, CONTROLS, OR MAINTAINS ANY INFRASTRUCTURE OR8
1325+FACILITIES THAT ARE IMPACTED BY THE ADOPTION OF THE PLAN,9
1326+EXCLUDING ANY BURDEN THAT HAS NOT BEEN ADDRESSED PURSUANT TO10
1327+SUBSECTION (6)(h) OF THIS SECTION; AND11
1328+(j) NO PROPERTY IS INCLUDED IN THE COUNTY REVITALIZATION12
1329+PLAN THAT IS SUBJECT TO A PENDING ANNEXATION AGREEMENT OR FOR13
1330+WHICH ANNEXATION PROCEEDINGS HAVE BEEN COMMENCED WITHIN THE14
1331+PAST THREE YEARS.15
1332+(7) IN ADDITION TO THE FINDINGS OTHERWISE REQUIRED OF THE16
1333+GOVERNING BODY PURSUANT TO SUBSECTION (6) OF THIS SECTION, IF THE17
1334+COUNTY REVITALIZATION PLAN SEEKS THE ACQUISITION OF PRIVATE18
1335+PROPERTY BY EMINENT DOMAIN FOR SUBSEQUENT TRANSFER TO A PRIVATE19
1336+PARTY PURSUANT TO SECTION 30-31-106 (2), THE GOVERNING BODY MAY20
1337+APPROVE THE COUNTY REVITALIZATION PLAN WHERE IT FINDS , IN21
1338+CONNECTION WITH A HEARING SATISFYING THE REQUIREMENTS OF22
1339+SUBSECTION (5) OF THIS SECTION, THAT THE COUNTY REVITALIZATION23
1340+PLAN HAS MET THE REQUIREMENTS OF SECTION 30-31-106 (2) AND THAT24
1341+THE PRINCIPAL PUBLIC PURPOSE FOR ADOPTING THE COUNTY25
1342+REVITALIZATION PLAN IS TO FACILITATE REDEVELOPMENT IN ORDER TO26
1343+TAKE ADVANTAGE OF REVITALIZATION AREAS .27
1344+1172
1345+-39- (8) IF THE COUNTY REVITALIZATION AREA CONSISTS OF AN AREA1
1346+OF OPEN LAND WHICH, UNDER THE COUNTY REVITALIZATION PLAN , IS TO2
1347+BE DEVELOPED FOR RESIDENTIAL USES, THE GOVERNING BODY MUST FIRST3
1348+HAVE DETERMINED THAT:4
1349+(a) A
1350+ SHORTAGE OF HOUSING OF SOUND STANDARDS AND DESIGN5
1351+WHICH IS DECENT, SAFE, AND SANITARY EXISTS IN THE COUNTY;6
1352+(b) T
1353+HE NEED FOR HOUSING ACCOMMODATIONS HAS BEEN OR WILL7
1354+BE INCREASED AS A RESULT OF TAKING ADVANTAGE OF REVITALIZATION8
1355+AREAS;9
1356+(c) T
1357+HE OPPORTUNITY FACTORS IN THE COUNTY REVITALIZATION10
1358+AREA AND THE SHORTAGE OF ATTAINABLE HOUSING CREATE A RISK TO THE11
1359+PUBLIC HEALTH AND SAFETY; AND12
1360+(d) T
1361+HE ACQUISITION OF THE AREA FOR RESIDENTIAL USES IS AN13
1362+INTEGRAL PART OF AND ESSENTIAL TO THE PROGRAM OF THE COUNTY .14
1363+(9) IF THE COUNTY REVITALIZATION AREA CONSISTS OF AN AREA15
1364+OF OPEN LAND WHICH, UNDER THE COUNTY REVITALIZATION PLAN , IS TO16
1365+BE DEVELOPED FOR NONRESIDENTIAL USES , THE LOCAL GOVERNING BODY17
1366+MUST FIRST HAVE DETERMINED THAT :18
1367+(a) S
1368+UCH NONRESIDENTIAL USES ARE NECESSARY AND19
1369+APPROPRIATE TO FACILITATE THE PROPER GROWTH AND DEVELOPMENT OF20
1370+THE COMMUNITY IN ACCORDANCE WITH SOUND PLANNING STANDARDS21
1371+AND LOCAL COMMUNITY OBJECTIVES ; AND22
1372+(b) T
1373+HE CONTEMPLATED ACQUISITION OF THE AREA MAY REQUIRE23
1374+THE EXERCISE OF GOVERNMENTAL ACTION , AS PROVIDED IN THIS ARTICLE24
1375+31,
1376+ BECAUSE OF BEING IN A REVITALIZATION AREA.25
1377+(10) (a) THE COUNTY REVITALIZATION PLAN MAY BE MODIFIED AT26
1378+ANY TIME; BUT, IF THE COUNTY REVITALIZATION PLAN IS MODIFIED AFTER27
1379+1172
1380+-40- THE LEASE OR SALE BY THE AUTHORITY OF REAL PROPERTY IN THE COUNTY1
1381+REVITALIZATION PROJECT AREA, THE MODIFICATION IS SUBJECT TO SUCH2
1382+RIGHTS AT LAW OR IN EQUITY AS A LESSEE OR PURCHASER OR THE3
1383+PURCHASER'S SUCCESSOR IN INTEREST MAY BE ENTITLED TO ASSERT. IF4
1384+THE MODIFICATION TO A COUNTY REVITALIZATION PLAN WILL5
1385+SUBSTANTIALLY CHANGE PROVISIONS OF THE COUNTY REVITALIZATION6
1386+PLAN REGARDING LAND AREA, LAND USE, AUTHORIZATION TO COLLECT7
1387+INCREMENTAL TAX REVENUE, THE EXTENT OF THE USE OF TAX INCREMENT8
1388+FINANCING, THE SCOPE OR NATURE OF THE COUNTY REVITALIZATION9
1389+PROJECT, THE SCOPE OR METHOD OF FINANCING, DESIGN, BUILDING10
1390+REQUIREMENTS, TIMING, OR PROCEDURE, AS PREVIOUSLY APPROVED, OR11
1391+WHERE THE MODIFICATION WILL SUBSTANTIALLY CLARIFY A PLAN THAT,12
1392+WHEN APPROVED, WAS LACKING IN SPECIFICITY AS TO THE COUNTY13
1393+REVITALIZATION PROJECT OR FINANCING, THEN THE MODIFICATION IS A14
1394+SUBSTANTIAL MODIFICATION TO THE COUNTY REVITALIZATION PLAN AND15
1395+SUBJECT TO ALL OF THE REQUIREMENTS OF THIS SECTION .16
1396+(b) A
1397+NY PROPOSED COUNTY REVITALIZATION PLAN MODIFICATION17
1398+MUST BE SUBMITTED TO THE GOVERNING BODY FOR APPROVAL .18
1399+(c) N
1400+OT LESS THAN THIRTY DAYS BEFORE APPROVING ANY19
1401+MODIFICATION OF THE COUNTY REVITALIZATION PLAN , THE GOVERNING20
1402+BODY OR AUTHORITY SHALL PROVIDE A DETAILED WRITTEN DESCRIPTION21
1403+OF THE PROPOSED MODIFICATION TO EACH TAXING ENTITY THAT LEVIES22
1404+TAXES ON PROPERTY LOCATED WITHIN THE COUNTY REVITALIZATION AREA23
1405+AND
1406+TO EACH MUNICIPALITY WITHIN THREE MILES OF THE COUNTY24
1407+REVITALIZATION AREA ALONG WITH A NOTICE OF THE DATE AND TIME OF25
1408+THE MEETING AT WHICH THE GOVERNING BODY WILL CONSIDER THE26
1409+MODIFICATION.27
1410+1172
1411+-41- (d) IF THE COUNTY REVITALIZATION PLAN IS MODIFIED AFTER THE1
1412+LEASE OR SALE BY THE AUTHORITY OF REAL PROPERTY IN THE COUNTY2
1413+REVITALIZATION PROJECT AREA, THAT MODIFICATION IS SUBJECT TO SUCH3
1414+RIGHTS AT LAW OR IN EQUITY AS A LESSEE OR PURCHASER OR THEIR4
1415+SUCCESSOR IN INTEREST MAY BE ENTITLED TO ASSERT .5
1416+(e) T
1417+HE COUNTY REVITALIZATION PLAN MODIFICATION IS6
1418+SUBSTANTIAL AND SUBJECT TO ALL OF THE REQUIREMENTS OF THIS7
1419+SECTION IF THE MODIFICATION WILL SUBSTANTIALLY :8
1420+(I) C
1421+HANGE PROVISIONS OF THE COUNTY REVITALIZATION PLAN9
1422+REGARDING THE FOLLOWING AS PREVIOUSLY APPROVED :10
1423+(A) L
1424+AND AREA;11
1425+(B) L
1426+AND USE;12
1427+(C) A
1428+UTHORIZATION TO COLLECT INCREMENTAL TAX REVENUE ;13
1429+(D) T
1430+HE EXTENT OF THE USE OF TAX INCREMENT FINANCING ;14
1431+(E) T
1432+HE SCOPE OR NATURE OF THE COUNTY REVITALIZATION15
1433+PROJECT;16
1434+(F) T
1435+HE SCOPE OR METHOD OF FINANCING ;17
1436+(G) D
1437+ESIGN;18
1438+(H) B
1439+UILDING REQUIREMENTS; OR19
1440+(I) T
1441+IMING OR PROCEDURE; OR20
1442+(II) C
1443+LARIFY A PLAN THAT, WHEN APPROVED, WAS LACKING IN21
1444+SPECIFICITY AS TO THE COUNTY REVITALIZATION PROJECT OR FINANCING .22
1445+(f) ANY TAXING ENTITY THAT LEVIES TAXES ON PROPERTY23
1446+LOCATED WITHIN THE COUNTY REVITALIZATION AREA AND ANY24
1447+MUNICIPALITY WITH TERRITORY WITHIN THREE MILES OF THE COUNTY25
1448+REVITALIZATION AREA MAY FILE AN ACTION IN A STATE DISTRICT COURT26
1449+EXERCISING JURISDICTION OVER THE COUNTY IN WHICH THE COUNTY27
1450+1172
1451+-42- REVITALIZATION AREA IS LOCATED FOR AN ORDER DETERMINING, UNDER1
1452+A DE NOVO STANDARD OF REVIEW, WHETHER THE MODIFICATION IS A2
1453+SUBSTANTIAL MODIFICATION. IF REQUESTED BY THE TAXING ENTITY OR3
1454+MUNICIPALITY, THE COURT SHALL ENJOIN ANY ACTION BY THE AUTHORITY4
1455+PURSUANT TO THE MODIFICATION UNTIL THE COURT HAS DETERMINED5
1456+WHETHER THE MODIFICATION IS A SUBSTANTIAL MODIFICATION AND , IF6
1457+THE COURT MAKES SUCH A DETERMINATION, THE COURT SHALL FURTHER7
1458+ENJOIN ANY ACTION BY THE AUTHORITY PURSUANT TO THE MODIFICATION8
1459+UNTIL THE AUTHORITY COMPLIES WITH SUBSECTION (8) OF THIS SECTION.9
1460+(11) (a) NO ACTION MAY BE BROUGHT TO ENJOIN ANY ACTIVITY OF10
1461+THE AUTHORITY PURSUANT TO THE COUNTY REVITALIZATION PLAN ,11
1462+INCLUDING THE ISSUANCE OF BONDS , THE INCURRENCE OF OTHER12
1463+FINANCIAL OBLIGATIONS, OR THE PLEDGE OF REVENUE , UNLESS THE13
1464+ACTION IS COMMENCED WITHIN FORTY-FIVE DAYS AFTER THE DATE ON14
1465+WHICH THE AUTHORITY PROVIDED NOTICE OF ITS INTENTION REGARDING15
1466+THE UNDERTAKING OR ACTIVITY .16
1467+(b) (I) T
1468+HE NOTICE REQUIRED BY SUBSECTION
1469+(11)(a) OF THIS17
1470+SECTION MUST:18
1471+(A) D
1472+ESCRIBE THE UNDERTAKING OR ACTIVITY PROPOSED BY THE19
1473+AUTHORITY AND SPECIFY THAT ANY ACTION TO ENJOIN THE UNDERTAKING20
1474+OR ACTIVITY MUST BE BROUGHT WITHIN FORTY -FIVE DAYS FROM THE DATE21
1475+OF THE NOTICE; AND22
1476+(B) B
1477+E PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN23
1478+THE COUNTY.24
1479+(II) O
1480+N OR BEFORE THE DATE OF PUBLICATION OF THE NOTICE OF25
1481+INTENTION REQUIRED BY SUBSECTION
1482+(11)(a) OF THIS SECTION, THE26
1483+AUTHORITY SHALL ALSO MAIL A COPY OF THE NOTICE TO EACH TAXING27
1484+1172
1485+-43- ENTITY THAT LEVIES TAXES ON PROPERTY WITHIN THE COUNTY1
1486+REVITALIZATION AREA AND TO EACH MUNICIPALITY WITHIN THREE MILES2
1487+OF THE COUNTY REVITALIZATION AREA .3
1488+(12) UPON THE APPROVAL BY THE GOVERNING BODY OF THE4
1489+COUNTY REVITALIZATION PLAN OR A SUBSTANTIAL MODIFICATION TO THE5
1490+COUNTY REVITALIZATION PLAN , THE PROVISIONS OF THAT PLAN ARE6
1491+CONTROLLING WITH RESPECT TO THE LAND AREA , LAND USE, DESIGN,7
1492+BUILDING REQUIREMENTS, TIMING, OR PROCEDURE APPLICABLE TO THE8
1493+PROPERTY COVERED BY THAT PLAN, EXCEPT TO THE EXTENT INCONSISTENT9
1494+WITH THE LAWS OF A MUNICIPALITY FOLLOWING ANNEXATION OF SUCH10
1495+PROPERTY.11
1496+(13) (a) NOTWITHSTANDING ANY LAW TO THE CONTRARY , ANY12
1497+COUNTY REVITALIZATION PLAN , AS ORIGINALLY APPROVED OR AS LATER13
1498+MODIFIED PURSUANT TO THIS ARTICLE 31, MAY CONTAIN A PROVISION14
1499+THAT THE PROPERTY TAXES OF SPECIFICALLY DESIGNATED PUBLIC BODIES15
1500+THAT HAVE JOINED THE AUTHORITY PURSUANT TO SECTION 30-31-104 (6),16
1501+IF ANY, LEVIED AFTER THE EFFECTIVE DATE OF THE APPROVAL OF SUCH17
1502+COUNTY REVITALIZATION PLAN UPON TAXABLE PROPERTY IN THE COUNTY18
1503+REVITALIZATION AREA EACH YEAR OR THAT COUNTY SALES TAXES19
1504+COLLECTED WITHIN SAID AREA , OR BOTH SUCH TAXES, BY OR FOR THE20
1505+BENEFIT OF THE DESIGNATED PUBLIC BODY MUST BE DIVIDED FOR A PERIOD21
1506+NOT TO EXCEED THIRTY YEARS AFTER THE EFFECTIVE DATE OF ADOPTION22
1507+OF SUCH A PROVISION, AS FOLLOWS:23
1508+(I) T
1509+HAT PORTION OF THE TAXES PRODUCED BY THE LEVY AT THE24
1510+RATE FIXED EACH YEAR BY OR FOR EACH SUCH PUBLIC BODY UPON THE25
1511+VALUATION FOR ASSESSMENT OF TAXABLE PROPERTY IN THE COUNTY26
1512+REVITALIZATION AREA LAST CERTIFIED BEFORE THE EFFECTIVE DATE OF27
1513+1172
1514+-44- APPROVAL OF THE COUNTY REVITALIZATION PLAN OR , AS TO AN AREA1
1515+LATER ADDED TO THE C OUNTY REVITALIZATION AREA , THE EFFECTIVE2
1516+DATE OF THE MODIFICATION OF THE PLAN , OR THAT PORTION OF COUNTY3
1517+SALES TAXES COLLECTED WITHIN THE BOUNDARIES OF SAID COUNTY4
1518+REVITALIZATION AREA IN THE TWELVE -MONTH PERIOD ENDING ON THE5
1519+LAST DAY OF THE MONTH BEFORE THE EFFECTIVE DATE OF APPROVAL OF6
1520+SAID PLAN, OR BOTH SUCH PORTIONS, MUST BE PAID INTO THE FUNDS OF7
1521+EACH SUCH PUBLIC BODY AS ARE ALL OTHER TAXES COLLECTED BY OR FOR8
1522+THE PUBLIC BODY.9
1523+(II) T
1524+HAT PORTION OF THE PROPERTY TAXES OR ALL OR ANY10
1525+PORTION OF THE SALES TAXES, OR BOTH, IN EXCESS OF THE AMOUNT OF11
1526+PROPERTY TAXES OR SALES TAXES PAID INTO THE FUNDS OF EACH SUCH12
1527+PUBLIC BODY IN ACCORDANCE WITH THE REQUIREMENTS OF SUBSECTION13(13)(a)(I) OF THIS SECTION MUST BE ALLOCATED TO AND , WHEN14
1528+COLLECTED, PAID INTO A SPECIAL FUND OF THE AUTHORITY TO PAY THE15
1529+PRINCIPAL OF, THE INTEREST ON, AND ANY PREMIUMS DUE IN CONNECTION16
1530+WITH THE BONDS OF , LOANS OR ADVANCES TO , OR INDEBTEDNESS17
1531+INCURRED BY, WHETHER FUNDED, REFUNDED, ASSUMED, OR OTHERWISE,18
1532+THE AUTHORITY FOR FINANCING OR REFINANCING , IN WHOLE OR IN PART,19
1533+THE COUNTY REVITALIZATION PROJECT , TO MAKE PAYMENTS UNDER AN20
1534+AGREEMENT EXECUTED PURSUANT TO THIS SECTION , OR FOR ANY OTHER21
1535+PURPOSES AUTHORIZED BY THIS ARTICLE 31. ANY EXCESS COUNTY SALES22
1536+TAX OR PROPERTY TAX COLLECTIONS NOT ALLOCATED PURSUANT TO THIS23
1537+SUBSECTION (13)(a)(II) MUST BE PAID INTO THE FUNDS OF THE COUNTY OR24
1538+OTHER TAXING ENTITY, AS APPLICABLE. UNLESS AND UNTIL THE TOTAL25
1539+VALUATION FOR ASSESSMENT OF THE TAXABLE PROPERTY IN THE COUNTY26
1540+REVITALIZATION AREA EXCEEDS THE BASE VALUATION FOR ASSESSMENT27
1541+1172
1542+-45- OF THE TAXABLE PROPERTY IN THE COUNTY REVITALIZATION AREA , AS1
1543+PROVIDED IN SUBSECTION (13)(a)(I) OF THIS SECTION, ALL OF THE TAXES2
1544+LEVIED UPON THE TAXABLE PROPERTY IN SUCH COUNTY REVITALIZATION3
1545+AREA MUST BE PAID INTO THE FUNDS OF THE RESPECTIVE PUBLIC BODIES .4
1546+U
1547+NLESS AND UNTIL THE TOTAL COUNTY SALES TAX COLLECTIONS IN THE5
1548+COUNTY REVITALIZATION AREA EXCEED THE BASE YEAR COUNTY SALES6
1549+TAX COLLECTIONS IN SUCH COUNTY REVITALIZATION AREA , AS PROVIDED7
1550+IN SUBSECTION
1551+(13)(a)(I) OF THIS SECTION, ALL SUCH SALES TAX8
1552+COLLECTIONS MUST BE PAID INTO THE FUNDS OF THE COUNTY . WHEN SUCH9
1553+BONDS, LOANS, ADVANCES, AND INDEBTEDNESS, IF ANY, INCLUDING10
1554+INTEREST THEREON AND ANY PREMIUMS DUE IN CONNECTION THEREWITH ,11
1555+HAVE BEEN PAID, ALL TAXES UPON THE TAXABLE PROPERTY OR THE TOTAL12
1556+COUNTY SALES TAX COLLECTIONS , OR BOTH, IN THE COUNTY13
1557+REVITALIZATION AREA MUST BE PAID INTO THE FUNDS OF THE RESPECTIVE14
1558+PUBLIC BODIES, AND ALL MONEY REMAINING IN THE SPECIAL FUND15
1559+ESTABLISHED PURSUANT TO THIS SUBSECTION (13)(a)(II) THAT HAS NOT16
1560+PREVIOUSLY BEEN REBATED AND THAT ORIGINATED AS PROPERTY TAX17
1561+INCREMENT GENERATED BASED ON THE MILL LEVY OF A TAXING ENTITY ,18
1562+OTHER THAN THE COUNTY , WITHIN THE BOUNDARIES OF THE COUNTY19
1563+REVITALIZATION AREA MUST BE REPAID TO EACH TAXING ENTITY BASED20
1564+ON THE PRO RATA SHARE OF THE PRIOR YEAR'S PROPERTY TAX INCREMENT21
1565+ATTRIBUTABLE TO EACH TAXING ENTITY 'S CURRENT MILL LEVY IN WHICH22
1566+PROPERTY TAXES WERE DIVIDED PURSUANT TO THIS SUBSECTION (13).23
1567+A
1568+NY MONEY REMAINING IN THE SPECIAL FUND NOT GENERATED BY24
1569+PROPERTY TAX INCREMENT IS EXCLUDED FROM ANY SUCH REPAYMENT25
1570+REQUIREMENT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW , ANY26
1571+ADDITIONAL REVENUES RESULTING BECAUSE THE VOTERS HAVE27
1572+1172
1573+-46- AUTHORIZED THE MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT TO RETAIN1
1574+AND SPEND SAID REVENUES PURSUANT TO SECTION 20 (7)(d) OF ARTICLE2
1575+X
1576+ OF THE STATE CONSTITUTION SUBSEQUENT TO THE CREATION OF THE3
1577+SPECIAL FUND PURSUANT TO THIS SUBSECTION
1578+(13)(a)(II) OR AS A RESULT4
1579+OF AN INCREASE IN THE PROPERTY TAX MILL LEVY APPROVED BY THE5
1580+VOTERS OF THE MUNICIPALITY , COUNTY, OR SPECIAL DISTRICT6
1581+SUBSEQUENT TO THE CREATION OF THE SPECIAL FUND , TO THE EXTENT THE7
1582+TOTAL MILL LEVY OF THE MUNICIPALITY , COUNTY, OR SPECIAL DISTRICT8
1583+EXCEEDS THE RESPECTIVE MILL LEVY IN EFFECT AT THE TIME OF APPROVAL9
1584+OR SUBSTANTIAL MODIFICATION OF THE COUNTY REVITALIZATION PLAN ,10
1585+MUST NOT BE PLEDGED BY AN AUTHORITY FOR THE PAYMENT OF ANY11
1586+BONDS OF, ANY LOANS OR ADVANCES TO , OR ANY INDEBTEDNESS12
1587+INCURRED BY THE AUTHORITY WITHOUT THE CONSENT OF THE RELEVANT13
1588+MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT. TO THE EXTENT THE14
1589+AUTHORITY HAS RECEIVED THE NOTIFICATION SPECIFIED IN THIS15
1590+SUBSECTION (13)(a)(II), SUCH ADDITIONAL REVENUES MUST THEN BE16
1591+PROMPTLY REPAID BY THE AUTHORITY TO THE COUNTY OR OTHER TAXING17
1592+ENTITY. THE AUTHORITY MUST BE NOTIFIED OF THE AMOUNT OF18
1593+ADDITIONAL REVENUES AND THE CALCULATIONS USED IN COMPUTING THE19
1594+AMOUNT BY THE APPLICABLE COUNTY OR OTHER TAXING ENTITY BEFORE20
1595+MAKING REPAYMENT AND , IN ANY EVENT, NOT LATER THAN FEBRUARY 121
1596+OF EACH FISCAL YEAR FOLLOWING THE YEAR IN WHICH A22
1597+VOTER-APPROVED REVENUE INCREASE HAS TAKEN EFFECT . THE23
1598+AUTHORITY AND COUNTY OR ANY OTHER TAXING ENTITY MAY NEGOTIATE24
1599+FOR THE PURPOSE OF ENTERING INTO AN AGREEMENT ON THE ISSUES OF25
1600+THE AMOUNT OF REPAYMENT , THE MECHANICS OF HOW REPAYMENT OF26
1601+THE ADDITIONAL REVENUES WILL BE ACCOMPLISHED , A METHOD FOR27
1602+1172
1603+-47- RESOLVING DISPUTES REGARDING THE AMOUNT OF REPAYMENT , AND1
1604+WHETHER THE COUNTY OR TAXING ENTITY WILL WAIVE THE REPAYMENT2
1605+REQUIREMENT, SINGULARLY OR IN COMBINATION, AND MAY ENTER INTO3
1606+AN INTERGOVERNMENTAL AGREEMENT REGARDING ANY OF THESE ISSUES .4
1607+(III) I
1608+N CALCULATING AND MAKING PAYMENTS AS DESCRIBED IN5
1609+SUBSECTION
1610+(13)(a)(II) OF THIS SECTION, THE COUNTY TREASURER MAY6
1611+OFFSET THE AUTHORITY'S PRO RATA PORTION OF ANY PROPERTY TAXES7
1612+THAT ARE PAID TO THE AUTHORITY UNDER THE TERMS OF SUBSECTION8
1613+(13)(a)(II) OF THIS SECTION AND THAT ARE SUBSEQUENTLY REFUNDED TO9
1614+THE TAXPAYER AGAINST ANY SUBSEQUENT PAYMENTS DUE TO THE10
1615+AUTHORITY FOR THE COUNTY REVITALIZATION PROJECT . THE AUTHORITY11
1616+SHALL MAKE ADEQUATE PROVISION FOR THE RETURN OF OVERPAYMENTS12
1617+IN THE EVENT THAT THERE ARE NOT SUFFICIENT PROPERTY TAXES DUE TO13
1618+THE AUTHORITY TO OFFSET THE AUTHORITY 'S PRO RATA PORTION OF THE14
1619+REFUNDS. THE PROVISIONS OF THIS SUBSECTION (13)(a)(III) DO NOT APPLY15
1620+TO A CITY AND COUNTY.16
1621+(IV) N
1622+O PROPERTY WITHIN A REVITALIZATION AREA PURSUANT TO17
1623+WHICH ANY BONDS OF , LOANS OR ADVANCES TO , OR INDEBTEDNESS18
1624+INCURRED BY AN AUTHORITY PURSUANT TO SUBSECTION
1625+(13)(a)(II) OF19
1626+THIS SECTION ARE OUTSTANDING MAY BE INCLUDED WITHIN AN URBAN20
1627+RENEWAL AREA OR ANY OTHER PROPERTY TAX INCREMENT AREA UNLESS21
1628+THE AUTHORITY ENTERS INTO AN AGREEMENT THAT PROVIDES FOR EITHER22
1629+THE ASSUMPTION OR THE DEFEASANCE OF ALL SUCH BONDS , LOANS,23
1630+ADVANCES, OR INDEBTEDNESS.24
1631+(V) A COUNTY REVITALIZATION PLAN SHALL NOT BE AFFECTED BY25
1632+THE ANNEXATION OF ANY PROPERTY IN THE COUNTY REVITALIZATION26
1633+AREA.27
1634+1172
1635+-48- (b) THE PORTION OF TAXES DESCRIBED IN SUBSECTION (13)(a)(II)1
1636+OF THIS SECTION MAY BE IRREVOCABLY PLEDGED BY THE AUTHORITY FOR2
1637+THE PAYMENT OF THE PRINCIPAL OF , THE INTEREST ON, AND ANY3
1638+PREMIUMS DUE IN CONNECTION WITH SUCH BONDS , LOANS, ADVANCES,4
1639+AND INDEBTEDNESS. THIS IRREVOCABLE PLEDGE DOES NOT EXTEND TO5
1640+ANY TAXES THAT ARE PLACED IN A RESERVE FUND TO BE RETURNED TO6
1641+THE COUNTY FOR REFUNDS OF OVERPAYMENTS BY TAXPAYERS ; EXCEPT7
1642+THAT THIS LIMITATION ON THE EXTENSION OF THE IRREVOCABLE PLEDGE8
1643+DOES NOT APPLY TO A CITY AND COUNTY .9
1644+(c) A
1645+S USED IN THIS SUBSECTION
1646+(13), "TAXES" INCLUDES,10
1647+WITHOUT LIMITATION, ALL LEVIES AUTHORIZED TO BE MADE ON AN AD11
1648+VALOREM BASIS UPON REAL AND PERSONAL PROPERTY OR COUNTY SALES12
1649+TAXES; BUT NOTHING IN THIS SUBSECTION (13) REQUIRES ANY PUBLIC13
1650+BODY TO LEVY TAXES.14
1651+(d) I
1652+F THE COUNTY REVITALIZATION AREA INCLUDES SINGLE - AND15
1653+MULTI-FAMILY RESIDENCES, A SCHOOL DISTRICT WHICH INCLUDES ALL OR16
1654+ANY PART OF THE COUNTY REVITALIZATION AREA MUST BE PERMITTED TO17
1655+PARTICIPATE IN AN ADVISORY CAPACITY WITH RESPECT TO THE INCLUSION18
1656+IN THE COUNTY REVITALIZATION PLAN OF THE PROVISION PROVIDED FOR19
1657+BY THIS SUBSECTION
1658+(13).20
1659+(e) I
1660+F THERE IS A GENERAL REASSESSMENT OF TAXABLE PROPERTY21
1661+VALUATIONS IN ANY COUNTY INCLUDING ALL OR PART OF THE COUNTY22
1662+REVITALIZATION AREA SUBJECT TO DIVISION OF VALUATION FOR23
1663+ASSESSMENT UNDER SUBSECTION
1664+(13)(a) OF THIS SECTION OR A CHANGE24
1665+IN THE SALES TAX RATE LEVIED IN ANY COUNTY INCLUDING ALL OR PART25
1666+OF THE COUNTY REVITALIZATION AREA SUBJECT TO DIVISION OF SALES26
1667+TAXES UNDER SUBSECTION (13)(a) OF THIS SECTION, THE PORTIONS OF27
1668+1172
1669+-49- VALUATIONS FOR ASSESSMENT OR SALES TAXES UNDER SUBSECTIONS1
1670+(13)(a)(I) AND (13)(a)(II) OF THIS SECTION MUST BE PROPORTIONATELY2
1671+ADJUSTED IN ACCORDANCE WITH THE REASSESSMENT OR CHANGE .3
1672+(f) N
1673+OTWITHSTANDING THE THIRTY -YEAR PERIOD OF LIMITATION4
1674+SET FORTH IN SUBSECTION
1675+(13)(a) OF THIS SECTION, ANY COUNTY5
1676+REVITALIZATION PLAN, AS ORIGINALLY APPROVED OR AS LATER MODIFIED6
1677+PURSUANT TO THIS ARTICLE 31, MAY CONTAIN A PROVISION THAT THE7
1678+COUNTY SALES TAXES COLLECTED IN THE COUNTY REVITALIZATION AREA8
1679+EACH YEAR OR THE COUNTY PORTION OF TAXES LEVIED UPON TAXABLE9
1680+PROPERTY WITHIN THE AREA, OR BOTH SUCH TAXES, MAY BE ALLOCATED10
1681+AS DESCRIBED IN THIS SUBSECTION (13) FOR A PERIOD IN EXCESS OF11
1682+THIRTY YEARS AFTER THE EFFECTIVE DATE OF THE ADOPTION OF THE12
1683+PROVISION IF THE EXISTING BONDS ARE IN DEFAULT OR ABOUT TO GO INTO13
1684+DEFAULT; EXCEPT THAT THE TAXES MAY NOT BE ALLOCATED AFTER ALL14
1685+BONDS OF THE AUTHORITY ISSUED PURSUANT TO SUCH PLAN INCLUDING15
1686+LOANS, ADVANCES, AND INDEBTEDNESS, IF ANY, AND INTEREST THEREON,16
1687+AND ANY PREMIUMS DUE IN CONNECTION THEREWITH HAVE BEEN REPAID . 17
1688+(g) N
1689+OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION ,18
1690+IF ONE OR MORE OF THE CONDITIONS SPECIFIED IN SUBSECTION (1)(c)(II)19
1691+OF THIS SECTION HAVE BEEN SATISFIED SO THAT AGRICULTURAL LAND IS20
1692+INCLUDED WITHIN THE COUNTY REVITALIZATION AREA , THE COUNTY21
1693+ASSESSOR SHALL VALUE THE AGRICULTURAL LAND AT ITS FAIR MARKET22
1694+VALUE IN MAKING THE CALCULATION OF THE TAXES TO BE PAID TO THE23
1695+PUBLIC BODIES PURSUANT TO SUBSECTION
1696+(13)(a)(I) OF THIS SECTION24
1697+SOLELY FOR THE PURPOSE OF DETERMINING THE TAX INCREMENT25
1698+AVAILABLE PURSUANT TO SUBSECTION (13)(a)(II) OF THIS SECTION.26
1699+N
1700+OTHING IN THIS SECTION AFFECTS THE ACTUAL OR REQUIRED27
1701+1172
1702+-50- CLASSIFICATION OF AGRICULTURAL LAND FOR PROPERTY TAX PURPOSES ,1
1703+AND NOTHING IN THIS SECTION AFFECTS THE TAXES ACTUALLY TO BE PAID2
1704+TO THE PUBLIC BODIES PURSUANT TO SUBSECTION (13)(a)(I) OF THIS3
1705+SECTION, WHICH MUST CONTINUE TO BE BASED ON THE AGRICULTURAL4
1706+CLASSIFICATION OF SUCH LAND UNLESS AND UNTIL IT HAS BEEN5
1707+RECLASSIFIED IN THE NORMAL COURSE OF THE ASSESSMENT PROCESS . 6
1708+(h) T
1709+HE MANNER AND METHODS BY WHICH THE REQUIREMENTS OF7
1710+THIS SUBSECTION
1711+(13) ARE TO BE IMPLEMENTED BY COUNTY ASSESSORS8
1712+MUST BE CONTAINED IN SUCH MANUALS , APPRAISAL PROCEDURES, AND9
1713+INSTRUCTIONS, AS APPLICABLE, THAT THE PROPERTY TAX ADMINISTRATOR10
1714+IS AUTHORIZED TO PREPARE AND PUBLISH PURSUANT TO SECTION 39-2-10911
1715+(1)(e).12
1716+(i) W
1717+ITHIN THE TWELVE-MONTH PERIOD BEFORE THE EFFECTIVE13
1718+DATE OF THE APPROVAL OR MODIFICATION OF THE COUNTY14
1719+REVITALIZATION PLAN REQUIRING THE ALLOCATION OF MONEY TO THE15
1720+AUTHORITY PURSUANT TO SUBSECTION
1721+(13)(a) OF THIS SECTION, THE16
1722+MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT IS ENTITLED TO THE17
1723+REIMBURSEMENT OF ANY MONEY THAT THE MUNICIPALITY , COUNTY, OR18
1724+SPECIAL DISTRICT PAYS TO, CONTRIBUTES TO, OR INVESTS IN THE19
1725+AUTHORITY FOR THE PROJECT. THE REIMBURSEMENT MUST BE PAID FROM20
1726+THE SPECIAL FUND OF THE AUTHORITY ESTABLISHED PURSUANT TO21
1727+SUBSECTION (13)(a) OF THIS SECTION.22
1728+ 23
1729+(14) (a) NOTWITHSTANDING ANY OTHER PROVISION OF LAW , THE24
1730+GOVERNING BODY MAY PROVIDE IN THE COUNTY REVITALIZATION PLAN25
1731+THAT THE VALUATION ATTRIBUTABLE TO THE EXTRACTION OF MINERAL26
1732+RESOURCES LOCATED WITHIN THE COUNTY REVITALIZATION AREA IS NOT27
1733+1172
1734+-51- SUBJECT TO THE DIVISION THAT IS OTHERWISE REQUIRED BY SUBSECTION1
1735+(13)(a) OF THIS SECTION. IN SUCH CIRCUMSTANCES, THE TAXES LEVIED ON2
1736+THE VALUATION MUST BE DISTRIBUTED TO THE TAXING ENTITIES AS IF THE3
1737+COUNTY REVITALIZATION PLAN WAS NOT IN EFFECT .4
1738+(b) A
1739+S USED IN THIS SUBSECTION
1740+(14):5
1741+(I) "M
1742+INERAL RESOURCES" HAS THE SAME MEANING AS SPECIFIED6
1743+IN SECTION 36-1-100.3 (3).7
1744+(II) "V
1745+ALUATION ATTRIBUTABLE TO THE EXTRACTION OF MINERAL8
1746+RESOURCES" INCLUDES:9
1747+(A) T
1748+HE VALUE OF OIL AND GAS LEASEHOLDS AND LAND AND10
1749+SUBSURFACE OIL AND GAS WELL EQUIPMENT THAT IS VALUED FOR11
1750+ASSESSMENT PURPOSES AS REAL PROPERTY UNDER SECTIONS 39-7-10212
1751+AND 39-7-103; AND13
1752+(B) S
1753+URFACE OIL AND GAS WELL EQUIPMENT AND SUBMERSIBLE14
1754+PUMPS AND SUCKER RODS THAT ARE LOCATED ON OIL AND GAS15
1755+LEASEHOLDS AND LAND AND THAT ARE VALUED FOR ASSESSMENT16
1756+PURPOSES AS PERSONAL PROPERTY UNDER SECTION 39-7-103.17
1757+(15) THE COUNTY IN WHICH THE COUNTY REVITALIZATION18
1758+AUTHORITY HAS BEEN ESTABLISHED SHALL TIMELY NOTIFY THE ASSESSOR19
1759+WHEN:20
1760+(a) T
1761+HE COUNTY REVITALIZATION PLAN OR A SUBSTANTIAL21
1762+MODIFICATION OF THE PLAN HAS BEEN APPROVED THAT CONTAINS THE22
1763+PROVISIONS REFERENCED IN SUBSECTION
1764+(13)(a) OF THIS SECTION OR A23
1765+SUBSTANTIAL MODIFICATION OF THE PLAN ADDS LAND TO THE PLAN ,24
1766+WHICH PLAN CONTAINS THE PROVISIONS REFERENCED IN SUBSECTION25
1767+(13)(a) OF THIS SECTION;26
1768+(b) A
1769+NY OUTSTANDING OBLIGATION INCURRED BY THE AUTHORITY27
1770+1172
1771+-52- PURSUANT TO THE PROVISIONS OF SUBSECTION (13) OF THIS SECTION HAS1
1772+BEEN PAID OFF; AND2
1773+(c) T
1774+HE PURPOSES OF THE AUTHORITY HAVE OTHERWISE BEEN3
1775+ACHIEVED.4(16) (a) NOT LATER THAN THIRTY DAYS AFTER THE COUNTY HAS5
1776+PROVIDED THE COUNTY ASSESSOR THE NOTICE REQUIRED BY SUBSECTION6
1777+(15)(a) OF THIS SECTION, THE COUNTY ASSESSOR MAY PROVIDE WRITTEN7
1778+NOTICE TO THE COUNTY IF THE ASSESSOR BELIEVES THAT AGRICULTURAL8
1779+LAND HAS BEEN IMPROPERLY INCLUDED IN THE COUNTY REVITALIZATION9
1780+AREA IN VIOLATION OF SUBSECTION (1)(c)(II) OF THIS SECTION.10
1781+(b) I
1782+F THE NOTICE DESCRIBED IN SUBSECTION
1783+(15)(a) OF THIS11
1784+SECTION IS NOT DELIVERED WITHIN THE REQUIRED THIRTY -DAY PERIOD,12
1785+THE INCLUSION OF THE LAND IN THE C OUNTY REVITALIZATION AREA AS13
1786+DESCRIBED IN THE COUNTY REVITALIZATION PLAN IS INCONTESTABLE IN14
1787+ANY SUIT OR PROCEEDING NOTWITHSTANDING THE PRESENCE OF ANY15
1788+CAUSE.16
1789+30-31-110. Disaster areas. (1) N
1790+OTWITHSTANDING ANY OTHER17
1791+PROVISIONS OF THIS ARTICLE 31, WHEN THE GOVERNING BODY CERTIFIES18
1792+THAT AN AREA IS IN NEED OF REDEVELOPMENT OR REHABILITATION AS A19
1793+RESULT OF A FLOOD, FIRE, HURRICANE, EARTHQUAKE, STORM, OR OTHER20
1794+CATASTROPHE FOR WHICH THE GOVERNOR HAS CERTIFIED THE NEED FOR21
1795+DISASTER ASSISTANCE PURSUANT TO THE "FEDERAL DISASTER RELIEF22
1796+A
1797+CT", PUB. L. 81-875, AS AMENDED, OR ANY OTHER RELEVANT FEDERAL23
1798+LAW, THE GOVERNING BODY MAY DEEM SUCH AN AREA TO BE A24
1799+REVITALIZATION AREA.25
1800+(2) T
1801+HE AUTHORITY MAY PREPARE AND SUBMIT TO THE26
1802+GOVERNING BODY A PROPOSED COUNTY REVITALIZATION PLAN AND27
1803+1172
1804+-53- PROPOSED COUNTY REVITALIZATION PROJECT FOR AN AREA DEEMED A1
1805+REVITALIZATION AREA PURSUANT TO SUBSECTION (1) OF THIS SECTION OR2
1806+FOR ANY PORTION THEREOF , AND THE GOVERNING BODY MAY , BY3
1807+RESOLUTION, APPROVE SUCH A PROPOSED COUNTY REVITALIZATION PLAN4
1808+AND COUNTY REVITALIZATION PROJECT WITH OR WITHOUT MODIFICATIONS5
1809+WITHOUT REGARD TO THE PROVISIONS OF THIS ARTICLE 31 REQUIRING A6
1810+GENERAL OR MASTER PLAN FOR THE PHYSICAL DEVELOPMENT OF THE7
1811+COUNTY AS A WHOLE , REVIEW BY THE PLANNING COMMISSION , OR A8
1812+PUBLIC HEARING.9
1813+30-31-111. Issuance of bonds by an authority. (1) A
1814+N10
1815+AUTHORITY HAS POWER TO ISSUE BONDS OF THE AUTHORITY FROM TIME TO11
1816+TIME IN ITS DISCRETION TO FINANCE ITS ACTIVITIES OR OPERATIONS12
1817+PURSUANT TO THIS ARTICLE 31, INCLUDING THE REPAYMENT WITH13
1818+INTEREST OF ANY ADVANCES OR LOANS OF FUNDS MADE TO THE14
1819+AUTHORITY BY THE FEDERAL GOVERNMENT OR OTHER SOURCE FOR ANY15
1820+SURVEYS OR PLANS MADE OR TO BE MADE BY THE AUTHORITY IN16
1821+EXERCISING ITS POWERS PURSUANT TO THIS ARTICLE 31 AND ALSO HAS17
1822+POWER TO ISSUE REFUNDING OR OTHER BONDS OF THE AUTHORITY IN ITS18
1823+DISCRETION FOR THE PAYMENT, RETIREMENT, RENEWAL, OR EXTENSION OF19
1824+ANY BONDS PREVIOUSLY ISSUED PURSUANT TO THIS SECTION AND TO20
1825+PROVIDE FOR THE REPLACEMENT OF LOST , DESTROYED, OR MUTILATED21
1826+BONDS PREVIOUSLY ISSUED PURSUANT TO THIS SECTION .22
1827+(2) (a) B
1828+ONDS ISSUED PURSUANT TO THIS SECTION MAY BE23
1829+GENERAL OBLIGATION BONDS OF THE AUTHORITY THE PAYMENT OF WHICH ,24
1830+AS TO PRINCIPAL AND INTEREST AND PREMIUMS , IF ANY, THE FULL FAITH,25
1831+CREDIT, AND ASSETS, ACQUIRED AND TO BE ACQUIRED, OF THE AUTHORITY26
1832+ARE IRREVOCABLY PLEDGED .27
1833+1172
1834+-54- (b) BONDS ISSUED PURSUANT TO THIS SECTION MAY BE SPECIAL1
1835+OBLIGATIONS OF THE AUTHORITY WHICH , AS TO PRINCIPAL AND INTEREST2
1836+AND PREMIUMS, IF ANY, ARE PAYABLE SOLELY FROM AND SECURED ONLY3
1837+BY A PLEDGE OF ANY INCOME, PROCEEDS, REVENUES, OR FUNDS OF THE4
1838+AUTHORITY DERIVED OR TO BE DERIVED BY IT FROM OR HELD OR TO BE5
1839+HELD BY IT IN CONNECTION WITH ITS UNDERTAKING OF ANY PROJECT OF6
1840+THE AUTHORITY, INCLUDING MONEY TO BE PAID TO AN AUTHORITY7
1841+PURSUANT TO SECTION 30-31-109 (13) AND INCLUDING ANY GRANTS OR8
1842+CONTRIBUTIONS OF MONEY MADE OR TO BE MADE BY IT WITH RESPECT TO9
1843+ANY SUCH PROJECT AND ANY MONEY DERIVED OR TO BE DERIVED BY IT10
1844+FROM OR HELD OR TO BE HELD BY IT IN CONNECTION WITH ITS SALE, LEASE,11
1845+RENTAL, TRANSFER, RETENTION, MANAGEMENT , REHABILITATION,12
1846+CLEARANCE, DEVELOPMENT, REDEVELOPMENT , PREPARATION FOR13
1847+DEVELOPMENT OR REDEVELOPMENT , OR ITS OPERATION OR OTHER14
1848+UTILIZATION OR DISPOSITION OF ANY REAL OR PERSONAL PROPERTY15
1849+ACQUIRED OR TO BE ACQUIRED BY IT OR HELD OR TO BE HELD BY IT FOR16
1850+ANY OF THE PURPOSES OF THIS ARTICLE 31 AND INCLUDING ANY LOANS,17
1851+GRANTS, OR CONTRIBUTIONS OF FUNDS MADE OR TO BE MADE TO IT BY THE18
1852+FEDERAL GOVERNMENT IN AID OF ANY PROJECT OF THE AUTHORITY OR IN19
1853+AID OF ANY OF ITS OTHER ACTIVITIES OR OPERATIONS.20
1854+(c) B
1855+ONDS ISSUED PURSUANT TO THIS SECTION MAY BE SPECIAL21
1856+OBLIGATIONS OF THE AUTHORITY THAT , AS TO PRINCIPAL AND INTEREST22
1857+AND PREMIUMS, IF ANY, ARE PAYABLE SOLELY FROM AND SECURED ONLY23
1858+BY A PLEDGE OF ANY L OANS , GRANTS, OR CONTRIBUTIONS OF MONEY24
1859+MADE OR TO BE MADE TO IT BY THE FEDERAL GOVERNMENT OR OTHER25
1860+SOURCE IN AID OF ANY PROJECT OF THE AUTHORITY OR IN AID OF ANY OF26
1861+ITS OTHER ACTIVITIES OR OPERATIONS.27
1862+1172
1863+-55- (d) BONDS ISSUED PURSUANT TO THIS SECTION MAY BE1
1864+CONTINGENT SPECIAL OBLIGATIONS OF THE AUTHORITY WHICH , AS TO2
1865+PRINCIPAL AND INTEREST AND PREMIUMS , IF ANY, ARE PAYABLE SOLELY3
1866+FROM ANY MONEY AVAILABLE OR BECOMING AVAILABLE TO THE4
1867+AUTHORITY FOR ITS UNDERTAKING OF THE PROJECT INVOLVED IN THE5
1868+PARTICULAR ACTIVITIES OR OPERATIONS WITH RESPECT TO WHICH THE6
1869+CONTINGENT SPECIAL OBLIGATIONS ARE ISSUED BUT PAYABLE ONLY IF7
1870+MONEY IS OR BECOMES AVAILABLE AS PROVIDED IN THIS SUBSECTION (2).8
1871+(3) N
1872+OTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION ,9
1873+ANY BONDS ISSUED PURSUANT TO THIS SECTION , OTHER THAN THE10
1874+CONTINGENT SPECIAL OBLIGATIONS COVERED BY SUBSECTION (2)(d) OF11
1875+THIS SECTION, MAY BE ADDITIONALLY SECURED AS TO THE PAYMENT OF12
1876+THE PRINCIPAL AND INTEREST AND PREMIUMS , IF ANY, BY A MORTGAGE OF13
1877+ANY COUNTY REVITALIZATION PROJECT , OR ANY PART THEREOF, TITLE TO14
1878+WHICH IS THEN OR THEREAFTER IN THE AUTHORITY OR OF ANY OTHER15
1879+REAL OR PERSONAL PROPERTY OR INTERESTS THEREIN THEN OWNED OR16
1880+THEREAFTER ACQUIRED BY THE AUTHORITY .17
1881+(4) N
1882+OTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION ,18
1883+GENERAL OBLIGATION BONDS ISSUED PURSUANT TO THIS SECTION MAY BE19
1884+ADDITIONALLY SECURED AS TO PAYMENT OF THE PRINCIPAL AND INTEREST20
1885+AND PREMIUMS, IF ANY, AS PROVIDED IN EITHER SUBSECTION (2)(b) OR21
1886+SUBSECTION (2)(c) OF THIS SECTION, WITH OR WITHOUT BEING ALSO22
1887+ADDITIONALLY SECURED AS TO PAYMENT OF THE PRINCIPAL , INTEREST,23
1888+AND PREMIUMS, IF ANY, BY A MORTGAGE AS PROVIDED IN SUBSECTION (3)24
1889+OF THIS SECTION OR A TRUST AGREEMENT AS PROVIDED IN SUBSECTION (5)25
1890+OF THIS SECTION.26
1891+(5) N
1892+OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION ,27
1893+1172
1894+-56- ANY BONDS PURSUANT TO THIS SECTION MAY BE ADDITIONALLY SECURED1
1895+AS TO THE PAYMENT OF THE PRINCIPAL, INTEREST, AND PREMIUMS, IF ANY,2
1896+BY A TRUST AGREEMENT BY AND BETWEEN THE AUTHORITY AND A3
1897+CORPORATE TRUSTEE, WHICH MAY BE ANY TRUST COMPANY OR BANK4
1898+HAVING THE POWERS OF A TRUST COMPANY WITHIN OR WITHOUT THE5
1899+STATE OF COLORADO.6
1900+(6) B
1901+ONDS ISSUED PURSUANT TO THIS SECTION DO NOT7
1902+CONSTITUTE AN INDEBTEDNESS OF THE STATE OF COLORADO OR OF ANY8
1903+COUNTY, MUNICIPALITY, OR PUBLIC BODY OF THE STATE OF COLORADO9
1904+OTHER THAN THE COUNTY REVITALIZATION AUTHORITY ISSUING SUCH10
1905+BONDS AND ARE NOT SUBJECT TO THE PROVISIONS OF ANY OTHER LAW OR11
1906+OF THE CHARTER OF ANY COUNTY RELATING TO THE AUTHORIZATION ,12
1907+ISSUANCE, OR SALE OF BONDS.13
1908+(7) B
1909+ONDS ISSUED PURSUANT TO THIS SECTION ARE ISSUED FOR AN14
1910+ESSENTIAL PUBLIC AND GOVERNMENTAL PURPOSE AND , TOGETHER WITH15
1911+INTEREST THEREON AND INCOME THEREFROM , ARE EXEMPT FROM ALL16
1912+TAXES.17
1913+(8) (a) B
1914+ONDS ISSUED PURSUANT TO THIS SECTION MUST BE18
1915+AUTHORIZED BY A RESOLUTION OF THE AUTHORITY AND MAY BE ISSUED IN19
1916+ONE OR MORE SERIES AND MUST BEAR SUCH DATE , BE PAYABLE UPON20
1917+DEMAND OR MATURE AT SUCH TIME , BEAR INTEREST AT SUCH RATE, BE IN21
1918+SUCH DENOMINATION, BE IN SUCH FORM, EITHER COUPON OR REGISTERED22
1919+OR OTHERWISE, CARRY SUCH CONVERSION OR REGISTRATION PRIVILEGES ,23
1920+HAVE SUCH RANK OR PRIORITY , BE EXECUTED IN THE NAME OF THE24
1921+AUTHORITY IN SUCH MANNER, BE PAYABLE IN SUCH MEDIUM OF PAYMENT,25
1922+BE PAYABLE AT SUCH PLACE , BE SUBJECT TO SUCH CALLABILITY26
1923+PROVISIONS OR TERMS OF REDEMPTION , WITH OR WITHOUT PREMIUMS, BE27
1924+1172
1925+-57- SECURED IN SUCH MANNER , BE OF SUCH DESCRIPTION, CONTAIN OR BE1
1926+SUBJECT TO SUCH COVENANTS , PROVISIONS, TERMS, CONDITIONS, AND2
1927+AGREEMENTS INCLUDING PROVISIONS CONCERNING EVENTS OF DEFAULT ,3
1928+AND HAVE SUCH OTHER CHARACTERISTICS AS MAY BE PROVIDED BY THE4
1929+RESOLUTION OR BY THE TRUST AGREEMENT , INDENTURE, OR MORTGAGE,5
1930+IF ANY, ISSUED PURSUANT TO THE RESOLUTION .6
1931+(b) T
1932+HE SEAL, OR A FACSIMILE THEREOF, OF THE AUTHORITY MUST7
1933+BE AFFIXED, IMPRINTED, ENGRAVED, OR OTHERWISE REPRODUCED UPON8
1934+EACH OF ITS BONDS ISSUED PURSUANT TO THIS SECTION .9
1935+(c) B
1936+ONDS ISSUED PURSUANT TO THIS SECTION MUST BE EXECUTED10
1937+IN THE NAME OF THE AUTHORITY BY THE MANUAL , OR FACSIMILE11
1938+SIGNATURES OF SUCH OF ITS OFFICIALS AS MAY BE DESIGNATED IN THE12
1939+SAID RESOLUTION OR TRUST AGREEMENT , INDENTURE, OR MORTGAGE;13
1940+EXCEPT THAT AT LEAST ONE SIGNATURE ON EACH SUCH BOND MUST BE A14
1941+MANUAL SIGNATURE.15
1942+(d) C
1943+OUPONS, IF ANY, ATTACHED TO BONDS ISSUED PURSUANT TO16
1944+THIS SECTION MUST BEAR THE FACSIMILE SIGNATURE OF AN OFFICIAL OF17
1945+THE AUTHORITY DESIGNATED PURSUANT TO THIS SUBSECTION (8).18
1946+(e) A
1947+ RESOLUTION OR TRUST AGREEMENT , INDENTURE, OR19
1948+MORTGAGE MAY PROVIDE FOR THE AUTHENTICATION OF THE PERTINENT20
1949+BONDS BY THE TRUSTEE.21
1950+(9) B
1951+ONDS ISSUED PURSUANT TO THIS SECTION MAY BE SOLD BY22
1952+THE AUTHORITY IN SUCH MANNER AND FOR SUCH PRICE AS THE AUTHORITY23
1953+MAY DETERMINE, AT PAR, BELOW PAR, OR ABOVE PAR, AT PRIVATE SALE24
1954+OR AT PUBLIC SALE AFTER NOTICE PUBLISHED BEFORE SALE IN A25
1955+NEWSPAPER HAVING GENERAL CIRCULATION IN THE COUNTY OR IN26
1956+ANOTHER MEDIUM OF PUBLICATION THAT THE AUTHORITY MAY DEEM27
1957+1172
1958+-58- APPROPRIATE.1
1959+(10) B
1960+ONDS ISSUED PURSUANT TO THIS SECTION MAY BE2
1961+EXCHANGED BY THE AUTHORITY FOR OTHER BONDS ISSUED BY IT3
1962+PURSUANT TO THIS SECTION.4
1963+(11) B
1964+ONDS ISSUED PURSUANT TO THIS SECTION MAY BE SOLD BY5
1965+AN AUTHORITY TO THE FEDERAL GOVERNMENT IF THE AUTHORITY SELLS6
1966+LESS THAN ALL OF THE AUTHORIZED PRINCIPAL AMOUNT OF THE BONDS TO7
1967+THE FEDERAL GOVERNMENT , THE AUTHORITY MAY SELL THE BALANCE OR8
1968+ANY PORTION OF THE BALANCE AT PRIVATE SALE AT PAR , BELOW PAR, OR9
1969+ABOVE PAR, AT AN INTEREST COST TO THE AUTHORITY NOT TO EXCEED THE10
1970+INTEREST COST TO THE AUTHORITY OF THE PORTION OF THE BONDS SOLD11
1971+BY THE AUTHORITY TO THE FEDERAL GOVERNMENT .12
1972+30-31-112. Property of an authority exempt from taxes and13
1973+from levy and sale by virtue of an execution. (1) (a) A
1974+LL PROPERTY OF14
1975+AN AUTHORITY, INCLUDING ALL MONEY OWNED OR HELD BY IT FOR ANY OF15
1976+THE PURPOSES OF THIS ARTICLE 31, IS EXEMPT FROM BOTH THE LEVY OF16
1977+PROPERTY TAXES AND SALE BY VIRTUE OF AN EXECUTION , AND NO SUCH17
1978+EXECUTION OR OTHER JUDICIAL PROCESS MAY ISSUE AGAINST THE18
1979+PROPERTY OF AN AUTHORITY NOR MAY A JUDGMENT AGAINST THE19
1980+AUTHORITY BE A CHARGE OR LIEN UPON SUCH PROPERTY .20
1981+(b) T
1982+HIS SUBSECTION (1) DOES NOT APPLY TO OR LIMIT EITHER:21
1983+(I) T
1984+HE RIGHT OF OBLIGEES TO FORECLOSE OR OTHERWISE22
1985+ENFORCE ANY MORTGAGE , DEED OF TRUST , TRUST AGREEMENT ,23
1986+INDENTURE, OR OTHER ENCUMBRANCE OF THE AUTHORITY ; OR24
1987+(II) T
1988+HE RIGHT OF OBLIGEES TO PURSUE ANY REMEDIES FOR THE25
1989+ENFORCEMENT OF ANY PLEDGE OR LIEN GIVEN BY THE AUTHORITY26
1990+PURSUANT TO THIS ARTICLE 31 ON ITS RENTS, INCOME, PROCEEDS,27
1991+1172
1992+-59- REVENUES, LOANS, GRANTS, CONTRIBUTIONS, AND OTHER MONEY AND1
1993+ASSETS DERIVED OR ARISING FROM ANY PROJECT OF THE AUTHORITY OR2
1994+FROM ANY OF ITS OPERATIONS OR ACTIVITIES PURSUANT TO THIS ARTICLE3
1995+31.4
1996+(2) A
1997+LL PROPERTY OF AN AUTHORITY ACQUIRED OR HELD BY IT FOR5
1998+ANY OF THE PURPOSES OF THIS ARTICLE 31, INCLUDING ALL MONEY OF AN6
1999+AUTHORITY ACQUIRED OR HELD BY IT FOR ANY OF THESE PURPOSES , IS7
2000+PUBLIC PROPERTY USED FOR ESSENTIAL PUBLIC AND GOVERNMENTAL8
2001+PURPOSES, AND BOTH THE PROPERTY AND THE AUTHORITY ARE EXEMPT9
2002+FROM ALL TAXES OF THE STATE OF COLORADO OR ANY OTHER PUBLIC10
2003+BODY; EXCEPT THAT THIS TAX EXEMPTION FOR ANY PROPERTY ENDS WHEN11
2004+THE AUTHORITY SELLS , LEASES, OR OTHERWISE DISPOSES OF THE12
2005+PARTICULAR PROPERTY TO A PURCHASER , LESSEE, OR OTHER ALIENEE13
2006+THAT IS NOT A PUBLIC BODY ENTITLED TO TAX EXEMPTION WITH RESPECT14
2007+TO THE PARTICULAR PROPERTY.15
2008+30-31-113. Title of purchaser, lessee, or transferee. A
2009+NY16
2010+INSTRUMENT EXECUTED BY AN AUTHORITY AND PURPORTING TO CONVEY17
2011+ANY RIGHT, TITLE, OR INTEREST OF THE AUTHORITY IN ANY PROPERTY18
2012+PURSUANT TO THIS ARTICLE 31 IS CONCLUSIVELY PRESUMED TO HAVE19
2013+BEEN MADE AND EXECUTED IN COMPLIANCE WITH THE PROVISIONS OF THIS20
2014+ARTICLE 31 INSOFAR AS TITLE OR OTHER INTEREST OF ANY BONA FIDE21
2015+PURCHASERS, LESSEES, OR TRANSFEREES OF SUCH PROPERTY IS22
2016+CONCERNED.23
2017+30-31-114. Cooperation by public bodies with county24
2018+revitalization authorities. (1) A
2019+NY PUBLIC BODY, WITHIN ITS POWERS,25
2020+PURPOSES, AND FUNCTIONS AND FOR THE PURPOSE OF AIDING AN26
2021+AUTHORITY IN OR IN CONNECTION WITH THE PLANNING OR UNDERTAKING27
2022+1172
2023+-60- PURSUANT TO THIS ARTICLE 31 OF ANY PLANS, PROJECTS, PROGRAMS,1
2024+WORKS, OPERATIONS, OR ACTIVITIES OF AN AUTHORITY WHOSE AREA OF2
2025+OPERATION IS SITUATED IN WHOLE OR IN PART WITHIN THE AREA IN WHICH3
2026+THE PUBLIC BODY IS AUTHORIZED TO ACT , UPON TERMS AS THE PUBLIC4
2027+BODY SHALL DETERMINE, MAY:5
2028+(a) S
2029+ELL, CONVEY, OR LEASE ANY OF THE PUBLIC BODY'S PROPERTY6
2030+OR GRANT EASEMENTS , LICENSES, OR OTHER RIGHTS OR PRIVILEGES7
2031+THEREIN TO THE AUTHORITY;8
2032+(b) I
2033+NCUR THE ENTIRE EXPENSE OF ANY PUBLIC IMPROVEMENTS9
2034+MADE BY THE PUBLIC BODY IN EXERCISING THE POWERS MENTIONED IN10
2035+THIS SECTION;11
2036+(c) D
2037+O EVERYTHING NECESSARY TO AID OR COOPERATE WITH THE12
2038+AUTHORITY IN OR IN CONNECTION WITH THE PLANNING OR UNDERTAKING13
2039+OF ANY PLANS, PROJECTS, PROGRAMS, WORKS, OPERATIONS, OR14
2040+ACTIVITIES;15
2041+(d) E
2042+NTER INTO AGREEMENTS WITH THE AUTHORITY RESPECTING16
2043+ACTION TO BE TAKEN PURSUANT TO ANY OF THE POWERS SET FORTH IN17
2044+THIS ARTICLE 31, INCLUDING AGREEMENTS RESPECTING THE PLANNING OR18
2045+UNDERTAKING OF ANY PLANS, PROJECTS, PROGRAMS, WORKS, OPERATIONS,19
2046+OR ACTIVITIES WHICH THE PUBLIC BODY IS OTHERWISE EMPOWERED TO20
2047+UNDERTAKE;21
1772048 (e) C
178-ARRYING OUT PLANS FOR A PROGRAM THROUGH VOLUNTARY
179-ACTION AND THE REGULATORY PROCESS FOR THE REPAIR
180-, ALTERATION, AND
181-REHABILITATION OF BUILDINGS OR OTHER IMPROVEMENTS IN ACCORDANCE
182-PAGE 4-HOUSE BILL 24-1172 WITH THE COUNTY REVITALIZATION PLAN ; AND
183-(f) ACQUISITION OF ANY PROPERTY NECESSARY TO ACHIEVE THE
184-OBJECTIVES OF THE COUNTY REVITALIZATION PLAN
185-.
186-(9) "D
187-ISPLACED PERSON" HAS THE SAME MEANING AS SET FORTH IN
188-SECTION
189-24-56-102 (2), AND ALSO INCLUDES ANY INDIVIDUAL, FAMILY, OR
190-BUSINESS CONCERN DISPLACED BY AN AUTHORITY ACQUIRING REAL
191-PROPERTY THROUGH THE EXERCISE OF EMINENT DOMAIN
192-.
193-(10) "G
194-OVERNING BODY" MEANS THE BOARD OF COUNTY
195-COMMISSIONERS OF THE COUNTY WITHIN WHICH AN AUTHORITY IS
196-ESTABLISHED OR PROPOSED TO BE ESTABLISHED
197-.
198-(11) "O
199-BLIGEE" MEANS ANY BONDHOLDER , AGENT, TRUSTEE FOR
200-ANY BONDHOLDER
201-, LESSOR DEMISING TO AN AUTHORITY PROPERTY USED IN
202-CONNECTION WITH THE COUNTY REVITALIZATION PROJECT OF THE
203-AUTHORITY
204-, ASSIGNEE OF SUCH LESSOR'S INTEREST OR ANY PART THEREOF,
205-OR THE FEDERAL GOVERNMENT WHEN IT IS A PARTY TO ANY CONTRACT OR
206-AGREEMENT WITH AN AUTHORITY
207-.
208-(12) "P
209-UBLIC BODY" MEANS THE STATE OF COLORADO AND ANY
210-COUNTY
211-, QUASI-MUNICIPAL CORPORATION , BOARD, COMMISSION,
212-AUTHORITY, POLITICAL SUBDIVISION, OR PUBLIC CORPORATE BODY OF THE
213-STATE
214-.
215-(13) "R
216-EAL PROPERTY" MEANS LANDS, LANDS UNDER WATER ,
217-STRUCTURES, EASEMENTS, FRANCHISES, AND INCORPOREAL HEREDITAMENTS
218-AND EVERY ESTATE AND RIGHT THEREIN
219-, LEGAL AND EQUITABLE, INCLUDING
220-TERMS FOR YEARS AND LIENS BY WAY OF JUDGMENT
221-, MORTGAGE, OR
222-OTHERWISE
223-.
224-(14) "R
225-EVITALIZATION AREA" MEANS AN AREA THAT, UPON THE
226-IMPLEMENTATION OF THE COUNTY REVITALIZATION PLAN
227-, SUBSTANTIALLY
228-PROMOTES THE SOUND GROWTH OF THE COUNTY
229-, IMPROVES ECONOMIC AND
230-SOCIAL CONDITIONS
231-, AND FURTHERS THE HEALTH, SAFETY, AND WELL-BEING
232-OF THE PUBLIC BY THE ACTUALIZATION OF ONE OF THE FOLLOWING
233-OPPORTUNITY FACTORS
234-:
235-(a) I
236-NVESTMENT IN CRITICAL INFRASTRUCTURE , INCLUDING WATER,
237-PAGE 5-HOUSE BILL 24-1172 SANITARY SEWER AND STORM WATER SYSTEMS AND M ANAGEMENT ,
238-ELECTRICITY, AND OTHER PUBLIC UTILITIES TO ACHIEVE DESIRED LEVELS OF
239-RESIDENTIAL DENSITY AND EMPLOYMENT GROWTH
240-;
2049+AUSE PUBLIC BUILDINGS AND PUBLIC FACILITIES, INCLUDING22
2050+PARKS, PLAYGROUNDS, RECREATIONAL, COMMUNITY, EDUCATIONAL,23
2051+WATER, GARBAGE DISPOSAL, SEWER, SEWAGE, SEWERAGE, OR DRAINAGE24
2052+FACILITIES, OR ANY OTHER PUBLIC WORKS, IMPROVEMENTS, FACILITIES, OR25
2053+UTILITIES WHICH THE PUBLIC BODY IS OTHERWISE EMPOWERED TO26
2054+UNDERTAKE, TO BE FURNISHED WITHIN THE AREA IN WHICH THE PUBLIC27
2055+1172
2056+-61- BODY IS AUTHORIZED TO ACT;1
2057+(f) F
2058+URNISH, DEDICATE, ACCEPT DEDICATION OF, OPEN, CLOSE,2
2059+VACATE, INSTALL, CONSTRUCT, RECONSTRUCT, PAVE, REPAVE, REPAIR,3
2060+REHABILITATE, IMPROVE, GRADE, REGRADE, PLAN, OR REPLAN PUBLIC4
2061+STREETS, ROADS, ROADWAYS, PARKWAYS, ALLEYS, SIDEWALKS, AND5
2062+OTHER PUBLIC WAYS OR PLACES WITHIN THE AREA IN WHICH THE PUBLIC6
2063+BODY IS AUTHORIZED TO ACT TO THE EXTENT THAT THE ITEMS OR7
2064+MATTERS ARE, UNDER ANY OTHER LAW , OTHERWISE WITHIN THE8
2065+JURISDICTION OF THE PUBLIC BODY;9
2066+(g) P
2067+LAN OR REPLAN AND ZONE OR REZONE ANY PART OF THE AREA10
2068+UNDER THE JURISDICTION OF THE PUBLIC BODY OR MAKE EXCEPTIONS11
2069+FROM ITS BUILDING REGULATIONS;12
2070+(h) C
2071+AUSE ADMINISTRATIVE OR OTHER SERVICES TO BE FURNISHED13
2072+TO THE AUTHORITY; OR14
2073+(i) D
2074+ESIGNATE ANY PORTION OF THE SALES TAX REVENUE IT15
2075+RECEIVES TO THE AUTHORITY.16
2076+(2) I
2077+F AT ANY TIME TITLE TO OR POSSESSION OF THE WHOLE OR ANY17
2078+PORTION OF ANY PROJECT OF THE AUTHORITY UNDER THIS ARTICLE 31 IS18
2079+HELD BY ANY GOVERNMENTAL AGENCY OR PUBLIC BODY , OTHER THAN19
2080+THE AUTHORITY, WHICH IS AUTHORIZED BY LAW TO ENGAGE IN THE20
2081+UNDERTAKING, CARRYING OUT, OR ADMINISTRATION OF ANY PROJECT ,21
2082+INCLUDING ANY AGENCY OR INSTRUMENTALITY OF THE UNITED STATES,22
2083+THE PROVISIONS OF THE AGREEMENTS REFERRED TO IN SUBSECTION (1)(d)23
2084+OF THIS SECTION INURE TO THE BENEFIT OF AND MAY BE ENFORCED BY THE24
2085+GOVERNMENTAL AGENCY OR PUBLIC BODY .25
2086+(3) A
2087+NY PUBLIC BODY REFERRED TO IN SUBSECTION (1) OF THIS26
2088+SECTION MAY, IN ADDITION TO ITS AUTHORITY PURSUANT TO ANY OTHER27
2089+1172
2090+-62- LAW TO ISSUE ITS BONDS FOR ANY PURPOSES , ISSUE AND SELL ITS BONDS1
2091+FOR ANY OF THE PURPOSES OF THE PUBLIC BODY STATED IN THIS SECTION .2
2092+(4) F
2093+OR THE ADVANCEMENT OF THE PUBLIC INTEREST AND FOR THE3
2094+PURPOSE OF AIDING AND COOPERATING IN THE PLANNING , ACQUISITION,4
2095+DEMOLITION, REHABILITATION, CONSTRUCTION, OR RELOCATION, OR5
2096+OTHERWISE ASSISTING THE OPERATION OR ACTIVITIES OF THE COUNTY6
2097+REVITALIZATION PROJECT LOCATED WHOLLY OR PARTLY WITHIN THE AREA7
2098+IN WHICH IT IS AUTHORIZED TO ACT, A PUBLIC BODY MAY ENTER INTO8
2099+AGREEMENTS ,WHICH MAY EXTEND OVER ANY PERIOD NOTWITHST ANDING9
2100+ANY PROVISION OF LAW TO THE CONTRARY , WITH AN AUTHORITY10
2101+RESPECTING ACTION TAKEN OR TO BE TAKEN PURSUANT TO ANY OF THE11
2102+POWERS GRANTED BY THIS ARTICLE 31.12
2103+30-31-115. Designation - transfer - abolishment.13
2104+(1) N
2105+OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE 31, THE14
2106+GOVERNING BODY MAY DESIGNATE ITSELF AS THE AUTHORITY WHEN15
2107+ORIGINALLY ESTABLISHING AN AUTHORITY . A TRANSFER OF AN EXISTING16
2108+AUTHORITY TO THE GOVERNING B ODY MAY BE ACCOMPLISHED ONLY BY17
2109+MAJORITY VOTE AT A REGULAR ELECTION .18
2110+(2) W
2111+HEN THE GOVERNING B ODY DESIGNATES ITSELF AS THE19
2112+AUTHORITY OR TRANSFERS AN EXISTING AUTHORITY TO THE GOVERNING20
2113+BODY PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE GOVERNING21
2114+BODY SHALL APPOINT THE AUTHORITY COMMISSIONERS IN ACCORDANCE22
2115+WITH SECTION 30-31-104 (2).23
2116+(3) T
2117+HE GOVERNING BODY OF THE COUNTY MAY , BY RESOLUTION,24
2118+PROVIDE FOR THE ABOLISHMENT OF THE COUNTY REVITALIZATION25
2119+AUTHORITY SO LONG AS ADEQUATE ARRANGEMENTS HAVE BEEN MADE26
2120+FOR PAYMENT OF ANY OUTSTANDING INDEBTEDNESS AND OTHER27
2121+1172
2122+-63- OBLIGATIONS OF THE AUTHORITY. ANY SUCH ABOLISHMENT IS EFFECTIVE1
2123+UPON A DATE SET FORTH IN THE ORDINANCE AND THIS DATE MUST NOT BE2
2124+LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THE ORDINANCE .3
2125+30-31-116. Regional tourism projects. (1) A
2126+ COUNTY4
2127+REVITALIZATION AUTHORITY THAT IS DESIGNATED AS A FINANCING ENTITY5
2128+PURSUANT TO PART 3 OF ARTICLE 46 OF TITLE 24, HAS ALL THE POWERS6
2129+NECESSARY OR CONVENIENT TO CARRY OUT AND EFFECTUATE THE7
2130+PURPOSES AND PROVISIONS OF PART 3 OF ARTICLE 46 OF TITLE 24,8
2131+INCLUDING THE POWER TO RECEIVE STATE SALES TAX INCREMENT9
2132+REVENUE GENERATED WITHIN AN APPROVED REGIONAL TOURISM ZONE , AS10
2133+DEFINED IN SECTION 24-46-303 (11), AND TO DISBURSE AND OTHERWISE11
2134+UTILIZE SUCH REVENUE FOR ALL LAWFUL PURPOSES , INCLUDING12
2135+FINANCING ELIGIBLE COSTS AND THE DESIGN , CONSTRUCTION,13
2136+MAINTENANCE, AND OPERATION OF ELIGIBLE IMPROVEMENTS , AS SUCH14
2137+TERMS ARE DEFINED IN SECTION 24-46-303 OR OTHERWISE INCORPORATED15
2138+INTO THE COMMISSION'S CONDITIONS OF APPROVAL.16
2139+(2) N
2140+OTWITHSTANDING SECTION 30-31-109 (8), AUTHORIZATION17
2141+TO RECEIVE STATE SALES TAX INCREMENT REVENUE PURSUANT TO PART18
2142+3
2143+ OF ARTICLE 46 OF TITLE 24, IS A MATERIAL MODIFICATION TO THE PLAN,19
2144+AND CORRESPONDING CHANGES TO THE PLAN MAY BE MADE BY THE20
2145+GOVERNING BODY OF THE AUTHORITY TO INCORPORATE THE USE OF STATE21
2146+SALES TAX INCREMENT REVENUE WITHOUT THE REQUIREMENT OF22
2147+SUBMISSION TO OR APPROVAL BY THE GOVERNING BODY OF THE COUNTY23
2148+THAT HAS ESTABLISHED THE AUTHORITY .24
2149+(3) A
2150+NY COUNTY REVITALIZATION AUTHORITY THAT RECEIVES25
2151+STATE SALES TAX INCREMENT REVENUE , WHETHER PURSUANT TO26
2152+DESIGNATION AS A FINANCING ENTITY PURSUANT TO PART 3 OF ARTICLE 4627
2153+1172
2154+-64- OF TITLE 24, OR PURSUANT TO A CONTRACT ENTERED INTO WITH ANY SUCH1
2155+FINANCING ENTITY, SHALL NOT USE THE STATE SALES TAX INCREMENT2
2156+REVENUE TO ACQUIRE PROPERTY THROUGH THE EXERCISE OF EMINENT3
2157+DOMAIN.4
2158+(4) N
2159+OTHING IN THIS SECTION ELIMINATES THE REQUIREMENTS FOR5
2160+THE AUTHORIZATION OF A NEW COUNTY REVITALIZATION AUTHORITY6
2161+PURSUANT TO THIS ARTICLE 31.7
2162+30-31-117. Cumulative powers. T
2163+HE POWERS CONFERRED BY8
2164+THIS ARTICLE 31 ARE IN ADDITION AND SUPPLEMENTAL TO THE POWERS9
2165+CONFERRED BY ANY OTHER LAW .10
2166+30-31-118. Inclusion of incorporated territory in a county11
2167+revitalization area. (1) NOTWITHSTANDING ANY OTHER PROVISION OF12
2168+THIS ARTICLE 31, A COUNTY REVITALIZATION PLAN , COUNTY13
2169+REVITALIZATION PROJECT, OR COUNTY REVITALIZATION AREA MAY14
2170+INCLUDE INCORPORATED TERRITORY THAT IS WITHIN THE BOUNDARIES OF15
2171+A MUNICIPALITY AND CONTIGUOUS TO A PORTION OF AN URBAN RENEWAL16
2172+AREA LOCATED OUTSIDE OF THE MUNICIPALITY 'S BOUNDARIES. NO SUCH17
2173+TERRITORY SHALL BE INCLUDED IN THE PLAN, PROJECT, OR AREA WITHOUT18
2174+THE CONSENT OF THE GOVERNING BODY OF THE MUNICIPALITY EXERCISING19
2175+JURISDICTION OVER THE INCORPORATED TERRITORY PROPOSED FOR20
2176+INCLUSION AND THE CONSENT OF EACH OWNER OF, AND EACH HOLDER OF21
2177+A RECORDED MORTGAGE OR DEED OF TRUST ENCUMBERING, REAL22
2178+PROPERTY WITHIN THE INCORPORATED AREA PROPOSED FOR INCLUSION . 23
2179+(2) IN ADDITION TO THE PROCEDURES FOR APPROVAL OF A24
2180+PROPOSED COUNTY REVITALIZATION PLAN BY THE COUNTY PURSUANT TO25
2181+SECTION 30-31-109, INCORPORATED TERRITORY MUST ONLY BE INCLUDED26
2182+IN THE COUNTY REVITALIZATION PLAN, PROJECT, OR AREA UPON THE27
2183+1172
2184+-65- APPROVAL OF THE GOVERNING BODY OF THE MUNICIPALITY :1
2185+(a) MAKING A DETERMINATION THAT THE AREA PROPOSED FOR2
2186+INCLUSION IN THE COUNTY REVITALIZATION PLAN IS A REVITALIZATION3
2187+AREA AND DESIGNATING THE AREA AS APPROPRIATE FOR A COUNTY4
2188+REVITALIZATION PROJECT IN THE MANNER PROVIDED IN SECTION5
2189+30-31-109 (1);6
2190+(b) REFERRING THE COUNTY REVITALIZATION PLAN TO THE7
2191+PLANNING COMMISSION OF THE MUNICIPALITY FOR A DETERMINATION AS8
2192+TO THE CONFORMITY OF THE COUNTY REVITALIZATION PLAN WITH THE9
2193+GENERAL PLAN FOR DEVELOPMENT FOR THE MUNICIPALITY IN THE MANNER10
2194+PROVIDED IN SECTION 30-31-109 (2);11
2195+(c) CONDUCTING A PUBLIC HEARING AND MAKING FINDINGS AND12
2196+A DETERMINATION TO APPROVE INCLUSION OF THE INCORPORATED13
2197+TERRITORY IN THE COUNTY REVITALIZATION PLAN , PROJECT, OR AREA IN14
2198+THE MANNER PROVIDED IN SECTION 30-31-109 (5)(a), (5)(b)(I) THROUGH15
2199+(5)(b)(IV), (5)(c), (5)(d), (6), (8), AND (9);16
2200+(d) MAKING AN ADDITIONAL FINDING THAT EACH OWNER OF, AND17
2201+EACH HOLDER OF A RECORDED MORTGAGE OR DEED OF TRUST18
2202+ENCUMBERING, REAL PROPERTY IN THE INCORPORATED TERRITORY19
2203+PROPOSED FOR INCLUSION IN THE COUNTY REVITALIZATION PLAN,20
2204+PROJECT, OR AREA CONSENTS TO THE INCLUSION; AND21
2205+(e) DETERMINING WHETHER THE INCORPORATED TERRITORY MUST22
2206+BE INCLUDED IN ANY PROVISION FOR THE DIVISION OF TAXES IN THE23
2207+COUNTY REVITALIZATION AREA AS AUTHORIZED BY SECTION 30-31-10924
2208+(13), AND, IF SO DETERMINED, NOTIFYING THE COUNTY ASSESSOR OF SUCH25
2209+INCLUSION AS REQUIRED BY SECTION 30-31-109 (15).26
2210+(4) ANY COUNTY REVITALIZATION PLAN APPROVED IN27
2211+1172
2212+-66- ACCORDANCE WITH THIS SECTION MAY BE MODIFIED AS PROVIDED IN1
2213+SECTION 30-31-109 (10); EXCEPT THAT A MODIFICATION MUST BE2
2214+APPROVED BY THE GOVERNING BODY OF THE MUNICIPALITY, THE COUNTY,3
2215+AND THE AUTHORITY.4
2216+(5) AN AUTHORITY, A COUNTY, AND A MUNICIPALITY MAY ,5
2217+CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION, ENTER INTO AN6
2218+INTERGOVERNMENTAL AGREEMENT TO FURTHER EFFECTUATE THE7
2219+PURPOSES OF THIS SECTION AND TO PROVIDE FOR THE INCLUSION OF8
2220+INCORPORATED TERRITORY IN A COUNTY REVITALIZATION AREA .9
2221+(6) THIS SECTION DOES NOT APPLY TO THE INCLUSION OF10
2222+TERRITORY IN A COUNTY REVITALIZATION AREA AS A RESULT OF11
2223+ANNEXATION.12
2224+SECTION 2. In Colorado Revised Statutes, add article 7.5 to title13
2225+38 as follows:14
2226+ARTICLE 7.515
2227+Eminent Domain by County Revitalization Authorities - Vesting16
2228+38-7.5-101. Motion for vesting - contents. (1) (a) I
2229+N ANY17
2230+PROCEEDING INITIATED BY A COUNTY REVITALIZATION AUTHORITY , AS18
2231+DEFINED IN SECTION 30-31-103 (6), UNDER THE PROVISIONS OF ARTICLE 119
2232+OF THIS TITLE, THE PETITIONER OR ANY RESPONDENT, AT ANY TIME AFTER20
2233+THE PETITION HAS BEEN FILED AND BEFORE JUDGMENT IS ENTERED IN THE21
2234+PROCEEDING, MAY FILE A WRITTEN VERIFIED MOTION REQUESTING THAT ,22
2235+IMMEDIATELY OR AT SOME SPECIFIED LATER DATE , THE PETITIONER BE23
2236+VESTED WITH FEE SIMPLE TITLE, OR SOME LESSER ESTATE, INTEREST, OR24
2237+EASEMENT, AS MAY BE REQUIRED, TO THE REAL PROPERTY, OR A SPECIFIED25
2238+PORTION THEREOF, WHICH IS THE SUBJECT OF THE PROCEEDING , AND BE26
2239+AUTHORIZED TO TAKE POSSESSION OF AND USE SUCH PROPERTY .27
2240+1172
2241+-67- (b) ANY MOTION FILED BY ANY RESPONDENT AFFECTS , AND IS1
2242+LIMITED IN APPLICATION TO, THE PROPERTY IN WHICH THE RESPONDENT2
2243+HAS AN INTEREST.3
2244+(c) A
2245+LL THE OWNERS OF RECORD OF PROPERTY SHALL JOIN IN ANY4
2246+MOTION FILED BY ANY RESPONDENT UNDER THIS SECTION , UNLESS ONE OR5
2247+MORE OF THE OWNERS OF RECORD CANNOT BY DUE DILIGENCE BE FOUND ,6
2248+IN WHICH INSTANCE THIS FACT MUST BE STATED IN THE MOTION .7
2249+(2) T
2250+HE MOTION DESCRIBED IN SUBSECTION (1) OF THIS SECTION,8
2251+REFERRED TO IN THIS ARTICLE 7.5 AS THE "MOTION FOR VESTING", MUST9
2252+SET FORTH:10
2253+(a) A
2254+N ACCURATE DESCRIPTION OF THE PROPERTY TO WHICH THE11
2255+MOTION RELATES AND THE ESTATE OR INTEREST SOUGHT TO BE ACQUIRED12
2256+OR DIVESTED; BUT, IN ANY MOTION FOR VESTING FILED BY ANY13
2257+RESPONDENT, THE INTEREST SOUGHT TO BE DIVESTED MUST BE THE14
2258+INTEREST DESCRIBED IN THE PETITION IN EMINENT DOMAIN ;15
2259+(b) T
2260+HE NAMES OF THE OWNERS OF RECORD OF THE PROPERTY16
2261+DESCRIBED IN THE MOTION FOR VESTING ; AND17
2262+(c) T
2263+HE DATE UPON WHICH IT IS REQUESTED THAT THE ESTATE OR18
2264+INTEREST SOUGHT TO BE ACQUIRED OR DIVESTED VEST IN THE PETITIONER19
2265+AND THE DATE UPON WHICH IT IS REQUESTED THAT THE PETITIONER BE20
2266+ENTITLED TO POSSESSION AND USE OF THE SUBJECT PROPERTY .21
2267+38-7.5-102. Motion for vesting - procedure with respect22
2268+thereto. (1) (a) T
2269+HE COURT SHALL SET A DATE , NOT LESS THAN23
2270+TWENTY-ONE DAYS AFTER THE FILING OF A MOTION FOR VESTING, FOR THE24
2271+HEARING THEREON, AND THE COURT SHALL REQUIRE AT LEAST FOURTEEN25
2272+DAYS NOTICE TO BE GIVEN TO EACH PARTY TO THE PROCEEDING WHOSE26
2273+INTERESTS WOULD BE AFFECTED BY THE TAKING REQUESTED .27
2274+1172
2275+-68- (b) THE AVERMENTS IN THE MOTION AND THE NECESSITY FOR THE1
2276+VESTING OF TITLE, OR SOME LESSER ESTATE , BEFORE THE FINAL2
2277+DETERMINATION OF JUST COMPENSATION ARE DEEMED ADMITTED UNLESS3
2278+SUCH AVERMENTS ARE CONTROVERTED IN A RESPONSIVE PLEADING FILED4
2279+AT OR BEFORE THE HEARING ON THE MOTION FOR VESTING .5
2280+(2) A
2281+T THE HEARING ON A MOTION FOR VESTING , IF THE6
2282+AVERMENTS IN THE MOTION HAVE BEEN CONTROVERTED IN RESPONSIVE7
2283+PLEADINGS FILED AT OR BEFORE THE HEARING AND IF THE COURT HAS NOT8
2284+PREVIOUSLY, IN THE SAME PROCEEDING , DETERMINED THAT THE9
2285+AVERMENTS ARE TRUE, THE COURT SHALL FIRST HEAR AND DETERMINE :10
2286+(a) T
2287+HE AUTHORITY OF THE PETITIONER TO EXERCISE THE RIGHT OF11
2288+EMINENT DOMAIN;12
2289+(b) W
2290+HETHER THE PROPERTY DESCRIBED IN THE MOTION FOR13
2291+VESTING IS SUBJECT TO THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN ;14
2292+AND15
2293+(c) W
2294+HETHER THE RIGHT OF EMINENT DOMAIN IS BEING PROPERLY16
2295+EXERCISED IN THE PARTICULAR PROCEEDING .17
2296+(3) F
2297+AILURE TO RAISE THE ISSUES ENUMERATED IN SUBSECTION (2)18
2298+OF THIS SECTION, AT OR BEFORE THE HEARING ON THE MOTION FOR19
2299+VESTING, CONSTITUTES A WAIVER INSOFAR AS THE ISSUES RELATE TO THE20
2300+PROPERTY DESCRIBED IN THE MOTION FOR VESTING . THE COURT'S ORDER21
2301+THEREON IS A FINAL ORDER, AND AN APPEAL MAY BE OBTAINED FOR THE22
2302+REVIEW THEREOF BY EITHER PARTY WITHIN TWENTY -ONE DAYS AFTER THE23
2303+ENTRY OF THE ORDER BUT NOT THEREAFTER UNLESS THE APPELLATE24
2304+COURT, ON GOOD CAUSE SHOWN, EXTENDS THE TIME FOR OBTAINING AN25
2305+APPEAL WITHIN TWENTY-ONE DAYS. APPELLATE REVIEW DOES NOT STAY26
2306+THE OTHER PROCEEDINGS UNDER THIS ARTICLE 7.5 UNLESS THE APPEAL27
2307+1172
2308+-69- WAS OBTAINED BY THE PETITIONER OR UNLESS AN ORDER STAYING SUCH1
2309+FURTHER PROCEEDINGS IS ENTERED BY THE APPELLATE COURT UPON A2
2310+SHOWING OF IRREPARABLE INJURY .3
2311+(4) I
2312+F THE ISSUES ENUMERATED UNDER SUBSECTION (2) OF THIS4
2313+SECTION ARE DETERMINED IN FAVOR OF THE PETITIONER AND FURTHER5
2314+PROCEEDINGS ARE NOT STAYED OR IF FURTHER PROCEEDINGS ARE STAYED6
2315+AND THE APPEAL RESULTS IN A DETERMINATION IN FAVOR OF THE7
2316+PETITIONER, THE COURT SHALL HEAR AND DETERMINE ALL MA TTERS8
2317+RAISED IN AND RELATING TO THE MOTION FOR VESTING. IF THE FOREGOING9
2318+MATTERS ARE DETERMINED IN FAVOR OF THE PETITIONER , THE COURT10
2319+SHALL APPOINT THREE DISINTERESTED COMMISSIONERS , WHO MUST BE11
2320+FREEHOLDERS, TO ASSESS THE COMPENSATION TO WHICH THE12
2321+RESPONDENTS NAMED IN THE MOTION FOR VESTING MAY BE ENTITLED BY13
2322+REASON OF THE APPROPRIATION OF THE PETITIONER .14
2323+(5) (a) T
2324+HE COMMISSIONERS, BEFORE ENTERING UPON THE DUTIES15
2325+OF THEIR OFFICE, SHALL TAKE AN OATH TO FAITHFULLY AND IMPARTIALLY16
2326+DISCHARGE THEIR DUTIES AS COMMISSIONERS . ANY ONE OF THE17
2327+COMMISSIONERS MAY ADMINISTER OATHS TO WITNESSES PRODUCED18
2328+BEFORE THEM.19
2329+(b) A
2330+FTER TAKING THEIR OATH, THE COMMISSIONERS SHALL VIEW20
2331+THE PROPERTY, HEAR TESTIMONY, AND CONSIDER EVIDENCE AS IS21
2332+REASONABLY NECESSARY TO ENABLE THEM TO MAKE A PRELIMINARY22
2333+FINDING OF AN AMOUNT CONSTITUTING JUST COMPENSATION FOR THE23
2334+TAKING OF THE PROPERTY OF THE RESPONDENTS NAMED IN THE MOTION24
2335+FOR VESTING.25
2336+(c) A
2337+FTER MAKING A PRELIMINARY FINDING, THE COMMISSIONERS26
2338+SHALL MAKE, SUBSCRIBE, AND FILE A CERTIFIED REPORT MEETING THE27
2339+1172
2340+-70- REQUIREMENTS OF SECTION 38-1-115 WITH THE CLERK OF THE COURT IN1
2341+WHICH SUCH PROCEEDINGS OCCUR .2
2342+(d) U
2343+PON THE MOTION OF THE PETITIONER FILED WITHIN FOURTEEN3
2344+DAYS OF RECEIPT OF THE NOTICE PROVIDED FOR IN SECTION 38-7.5-103 (1),4
2345+THE COURT SHALL REVIEW THE REPORT OF THE COMMISSIONERS , AND,5
2346+UPON GOOD CAUSE SHOWN BY THE PETITIONER , THE COURT MAY ORDER A6
2347+NEW REPORT BY THE SAME OR DIFFERENT COMMISSIONERS AND VOID THE7
2348+REPORT OBJECTED TO. THE APPOINTMENT OF ANY NEW COMMISSIONERS8
2349+AND THE PREPARATION OF THE NEW REPORT MUST BE DONE IN9
2350+ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE 7.5.10
2351+(6) A
2352+ PRELIMINARY FINDING OF JUST COMPENSATION AND ANY11
2353+DEPOSIT MADE OR SECURITY PROVIDED PURSUANT THERETO IS NOT12
2354+EVIDENCE IN THE FURTHER PROCEEDINGS TO ASCERTAIN THE JUST13
2355+COMPENSATION TO BE PAID AND MAY NOT BE DISCLOSED IN ANY MANNER14
2356+TO A JURY IMPANELED IN SUCH PROCEEDINGS .15
2357+38-7.5-103. Vesting of title - procedure. (1) W
2358+HEN THE16
2359+CERTIFIED REPORT OF THE COMMISSIONERS IS FILED WITH THE CLERK OF17
2360+THE COURT, THE CLERK SHALL NOTIFY ALL PARTIES NAMED IN THE MOTION18
2361+FOR VESTING OF THE FILING OF THE REPORT AND OF THE AMOUNT19
2362+PRELIMINARILY FOUND TO CONSTITUTE JUST COMPENSATION .20
2363+(2) (a) W
2364+ITHIN SEVEN DAYS OF RECEIPT OF THE NOTICE DESCRIBED21
2365+IN SUBSECTION (1) OF THIS SECTION, THE PETITIONER SHALL DEPOSIT THE22
2366+SUM OF MONEY PRELIMINARILY FOUND TO CONSTITUTE JUST23
2367+COMPENSATION BY THE COMMISSIONERS TO THE COURT OR THE CLERK OF24
2368+THE COURT FOR THE USE OF THE RESPONDENT NAMED IN THE MOTION FOR25
2369+VESTING.26
2412370 (b) I
242-MPROVEMENT OF MOBILITY AND INCREASED ACCESS TO
243-TRANSPORTATION CORRIDORS AND MULTIM ODAL TRANSPORTATION OPTIONS
244-;
245-(c) D
246-EVELOPMENT OF AFFORDABLE HOUSING PROXIMATE TO
247-ENHANCED TRANSPORTATION HUBS AND CORRIDORS
248-;
249-(d) D
250-EVELOPMENT OF ECONOMIC OPPORTUNITIES FOR JOB CREATION
251-AND GROWTH IN ENTREPRENEURSHIP AND SUCCESSFUL LOCATION OF
252-EXISTING BUSINESSES
253-;
254-(e) E
255-XPANSION OF ACCESS TO HEALTHY FOOD SYSTEMS , COMMUNITY
256-MEDICAL SERVICES
257-, PUBLIC PARKS, OR PUBLIC EDUCATION OPPORTUNITIES;
258-(f) I
259-MPROVEMENT OF CIRCULATION PATTERNS AND ENHANCEMENT
260-OF SAFE AND RELIABLE PUBLIC TRANSPORTATION SYSTEMS
261-;
262-(g) R
263-EMEDIATION OF CONTAMINATED SOILS OR WATER ;
264-(h) C
265-LEARANCE, ABATEMENT, OR REHABILITATION OF
266-STRUCTURALLY UNSOUND
267-, DETERIORATING, OR OTHERWISE UNSAFE
268-STRUCTURES
269-; OR
270-(i) REDEVELOPMENT OF FORMER LANDFILLS , FLOODPLAINS, OR
271-OTHER AREAS CHALLENGED BY TOPOGRAPHY THAT
272-, IN THEIR PRESENT
273-CONDITION
274-, POSE A THREAT TO PUBLIC HEALTH AND SAFETY .
275-(15) "U
276-RBAN-LEVEL DEVELOPMENT" MEANS AN AREA IN WHICH
277-THERE IS A PREDOMINANCE OF EITHER PERMANENT STRUCTURES OR
278-ABOVE
279--GROUND OR AT-GRADE INFRASTRUCTURE .
280-30-31-104. County revitalization authority. (1) (a) A
281-NY
282-TWENTY
283--FIVE REGISTERED ELECTORS OF A COUNTY MAY FILE A PETITION
284-WITH THE GOVERNING BODY OR ITS DESIGNEE
285-, OR THE GOVERNING BODY
286-MAY ADOPT A RESOLUTION
287-, SETTING FORTH THAT THERE IS A NEED FOR A
288-COUNTY REVITALIZATION AUTHORITY IN THE COUNTY
289-.
290-PAGE 6-HOUSE BILL 24-1172 (b) (I) UPON THE FILING OF A PETITION OR THE ADOPTION OF A
291-RESOLUTION DESCRIBED IN SUBSECTION
292- (1)(a) OF THIS SECTION, A COUNTY
293-SHALL GIVE NOTICE OF THE TIME
294-, PLACE, AND PURPOSE OF A PUBLIC HEARING
295-WHERE THE GOVERNING BODY WILL DETER MINE THE NEED FOR THE COUNTY
296-REVITALIZATION AUTHORITY IN THE COUNTY
297-. THIS NOTICE MUST ALSO
298-INCLUDE A GENERAL DESCRIPTION OF THE LAND THAT WOULD BE PART OF
299-THE COUNTY REVITALIZATION AREA
300-. THE COUNTY MUST GIVE THIS NOTICE
301-TO EVERY MUNICIPALITY WITHIN THREE MILES OF THE PROPOSED AUTHORITY
302-AT LEAST THIRTY DAYS BEFORE THE HEARING
303-.
304-(II) A
305- COUNTY SHALL PROVIDE THE NOTICE DESCRIBED IN THIS
306-SUBSECTION
307- (1)(b) AT ITS OWN EXPENSE BY PUBLISHING THE NOTICE AT
308-LEAST THIRTY DAYS PRECEDING THE DAY ON WHICH THE HEARING IS TO BE
309-HELD IN A NEWSPAPER HAVING A GENERAL CIRCULATION IN THE COUNTY OR
310-,
311-IF THERE IS NO SUCH NEWSPAPER , BY POSTING THE NOTICE IN AT LEAST
312-THREE PUBLIC PLACES WITHIN THE COUNTY AT LEAST THIRTY DAYS
313-PRECEDING THE DAY ON WHICH THE HEARING IS TO BE HELD
314-.
315-(III) A
316-T THE HEARING HELD PURSUANT TO THE NOTICE DESCRIBED IN
317-THIS SUBSECTION
318- (1)(b), THE GOVERNING BODY SHALL GRANT A FULL
319-OPPORTUNITY TO BE HEARD TO ALL COUNTY RESIDENTS
320-, TAXPAYERS,
321-MUNICIPALITIES WITHIN THREE MILES OF THE PROPOSED AUTHORITY , AND
322-OTHER INTERESTED PERSONS
323-.
324-(c) A
325-FTER THE HEARING HELD PURSUANT TO THE NOTICE DESCRIBED
326-IN SUBSECTION
327- (1)(b) OF THIS SECTION, THE GOVERNING BODY SHALL ADOPT
328-A RESOLUTION FINDING A NEED FOR AND CREATING THE COUNTY
329-REVITALIZATION AUTHORITY IF THE GOVERNING BODY
330-:
331-(I) D
332-ETERMINES THAT THERE ARE ONE OR MORE REVITALIZATION
333-AREAS IN THE COUNTY OUTSIDE OF EXISTING URBAN RENEWAL AUTHORITIES
334-;
335-(II) D
336-ETERMINES THAT THE ACQUISITION , CLEARANCE,
337-REHABILITATION, CONSERVATION, DEVELOPMENT, REDEVELOPMENT, OR ANY
338-COMBINATION THEREOF OF SUCH REVITALIZATION AREAS IS NECESSARY AND
339-IN THE INTEREST OF THE PUBLIC HEALTH
340-, SAFETY, OR WELFARE OF THE
341-COUNTY RESIDENTS
342-; AND
343-(III) DECLARES IT TO BE IN THE PUBLIC INTEREST THAT THE COUNTY
344-REVITALIZATION AUTHORITY BE CREATED AND EXERCISES THE POWERS
345-PAGE 7-HOUSE BILL 24-1172 PROVIDED IN THIS ARTICLE 31.
346-(d) (I) I
347-F THE GOVERNING BODY ADOPTS A RESOLUTION IN
348-ACCORDANCE WITH SUBSECTION
349- (1)(c) OF THIS SECTION, THE GOVERNING
350-BODY SHALL APPOINT AUTHORITY COMMISSIONERS AS PROVIDED IN
351-SUBSECTION
352-(2) OF THIS SECTION.
353-(II) I
354-F THE GOVERNING BODY, AFTER A HEARING HELD PURSUANT TO
355-SUBSECTION
356- (1)(b) OF THIS SECTION, DETERMINES THAT IT CANNOT MAKE
357-THE DETERMINATIONS AND DECLARATION ENUMERATED IN SUBSECTION
358-(1)(c) OF THIS SECTION, IT SHALL ADOPT A RESOLUTION DENYING THE
359-PETITION FILED PURSUANT TO SUBSECTION
360- (1)(a) OF THIS SECTION. ONLY
361-BEGINNING SIX MONTHS AFTER THE DENIAL OF SUCH A PETITION MAY
362-REGISTERED ELECTORS FILE SUBSEQUENT PETITIONS WITH THE GOVERNING
363-BODY OR ITS DESIGNEE
364-, SETTING FORTH THAT THERE IS A NEED FOR THE
365-COUNTY REVITALIZATION AUTHORITY IN THE COUNTY
366-.
367-(2) (a) (I) A
368-N AUTHORITY CONSISTS OF NO FEWER THAN THREE AND
369-NO MORE THAN EIGHT AUTHORITY COMMISSIONERS
370-.
371-(II) (A) I
372-F AT LEAST ONE TAXING ENTITY HAS JOINED THE AUTHORITY
373-PURSUANT TO SUBSECTION
374-(6) OF THIS SECTION, ONE AUTHORITY
375-COMMISSIONER MUST BE A BOARD MEMBER OF A SPECIAL DISTRICT SELECTED
376-BY AGREEMENT OF THE SPECIAL DISTRICTS LEVYING A MILL LEVY WITHIN
377-THE BOUNDARIES OF THE COUNTY REVITALIZATION AUTHORITY AREA THAT
378-HAVE JOINED THE COUNTY REVITALIZATION AUTHORITY
379-.
2371+F THE PETITIONER HAS FILED A MOTION FOR A NEW REPORT27
2372+1172
2373+-71- UNDER SECTION 38-7.5-102 (5) AND THE MOTION IS DENIED, THE DEPOSIT1
2374+IS NOT DUE UNTIL SEVEN DAYS FOLLOWING THE COURT 'S RULING ON THE2
2375+MOTION. IF THE MOTION IS GRANTED BY THE COURT , THE CLERK OF THE3
2376+COURT SHALL PROVIDE A NEW NOTICE UPON RECEIPT OF THE NEW REPORT .4
2377+(3) (a) U
2378+PON PAYMENT TO THE COURT OR THE CLERK OF THE5
2379+COURT OF THE SUM DESCRIBED IN SUBSECTION (2) OF THIS SECTION BY THE6
2380+PETITIONER, THE COURT SHALL ENTER AN ORDER VESTING IN THE7
2381+PETITIONER THE FEE SIMPLE TITLE, OR SUCH LESSER ESTATE, INTEREST, OR8
2382+EASEMENT AS MAY BE REQUIRED, TO THE PROPERTY AS REQUESTED IN THE9
2383+MOTION FOR VESTING ON SUCH DATE AS THE COURT CONSIDERS PROPER ,10
2384+AND SHALL FIX A DATE ON WHICH THE PETITIONER IS AUTHORIZED TO TAKE11
2385+POSSESSION OF AND TO USE THE PROPERTY . A CERTIFIED COPY OF THE12
2386+ORDER MUST BE RECORDED AND INDEXED IN THE CLERK AND RECORDER 'S13
2387+OFFICE OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED IN LIKE14
2388+MANNER AND WITH LIKE EFFECT AS IF IT WERE A DEED OF CONVEYANCE15
2389+FROM THE OWNERS AND PARTIES INTERESTED TO THE PROPER PARTIES .16
3802390 (b) I
381-F NO SPECIAL DISTRICT APPOINTS AN AUTHORITY
382-COMMISSIONER
383-, THEN THE SPECIAL DISTRICT APPOINTMENT REMAINS
384-VACANT UNTIL THE APPLICABLE APPOINTING AUTHORITY MAKES THE
385-APPOINTMENT PURSUANT TO THIS SUBSECTION
386- (2)(a).
387-(III) I
388-F THE GOVERNING BODY APPOINTS AN EVEN NUMBER OF
389-AUTHORITY COMMISSIONERS
390-, THE GOVERNING BODY SHALL DESIGNATE AN
391-AUTHORITY COMMISSIONER AS THE AUTHORITY COMMISSIONER WHO CASTS
392-THE DECIDING VOTE IN THE CASE OF AN OTHERWISE TIE VOTE
393-.
394-(b) (I) A
395-UTHORITY COMMISSIONER TERMS ARE FOR FOUR YEARS ;
396-EXCEPT THAT THE GOVERNING BODY SHALL ASSIGN TERMS OF FOUR YEARS
397-OR FEWER FOR THE INITIAL AUTHORITY COMMISSIONERS SO THAT AUTHORITY
398-PAGE 8-HOUSE BILL 24-1172 COMMISSIONERS SERVE FOR STAGGERED TERMS .
399-(II) T
400-HE GOVERNING BODY SHALL FILL AUTHORITY COMMISSIONER
401-VACANCIES
402-, OTHER THAN THOSE THAT OCCUR DUE TO THE EXPIRATION OF
403-TERMS
404-, FOR THE REMAINING UNEXPIRED TERM; EXCEPT THAT A VACANCY OF
405-THE SPECIAL DISTRICT
406--APPOINTED SEAT MUST BE FILLED BY AGREEMENT OF
407-THE AFFECTED SPECIAL DISTRICTS
408-.
409-(III) A
410-N AUTHORITY COMMISSIONER HOLDS OFFICE UNTIL THE
411-GOVERNING BODY APPOINTS THE AUTHORITY COMMISSIONER
412-'S QUALIFIED
413-SUCCESSOR
414-.
415-(c) (I) T
416-HE GOVERNING BODY SHALL DESIGNATE THE CHAIRPERSON
417-FOR THE FIRST YEAR OF THE AUTHORITY
418-. WHEN THE OFFICE OF THE FIRST
419-CHAIRPERSON OF THE AUTHORITY BECOMES VACANT AND ANNUALLY
420-THEREAFTER
421-, THE AUTHORITY SHALL SELECT A CHAIRPERSON AND
422-VICE
423--CHAIRPERSON FROM AMONG ITS MEMBERS .
424-(II) A
425-N AUTHORITY MAY EMPLOY A SECRETARY , AN EXECUTIVE
426-DIRECTOR
427-, TECHNICAL EXPERTS, AND SUCH OTHER OFFICERS, AGENTS, AND
428-EMPLOYEES AS IT MAY REQUIRE AND SHALL DETERMINE THEIR
429-QUALIFICATIONS
430-, DUTIES, AND COMPENSATION.
431-(III) A
432-N AUTHORITY MAY CALL UPON THE COUNTY ATTORNEY AND
433-EMPLOY ITS OWN COUNSEL AND LEGAL STAFF FOR LEGAL SERVICES
434-.
435-(IV) A
436-N AUTHORITY MAY DELEGATE POWERS AND DUTIES TO ONE OR
437-MORE OF ITS AGENTS OR EMPLOYEES AS IT DEEMS PROPER
438-.
439-(d) T
440-HE GOVERNING BODY SHALL FILE WITH THE COUNTY CLERK AND
441-RECORDER A CERTIFICATE OF THE APPOINTMENT OR REAPPOINTMENT OF ANY
442-AUTHORITY COMMISSIONER
443-, AND THE CERTIFICATE IS CONCLUSIVE EVIDENCE
444-OF THE DUE AND PROPER APPOINTMENT OF THE AUTHORITY COMMISSIONER
445-.
446-(e) A
447-N AUTHORITY COMMISSIONER RECEIVES NO COMPENSATION FOR
448-SERVICES RENDERED
449-, BUT IS ENTITLED TO REIMBURSEMENT FOR NECESSARY
450-EXPENSES
451-, INCLUDING TRAVELING EXPENSES, INCURRED IN THE DISCHARGE
452-OF THE DUTIES DESCRIBED IN THIS ARTICLE
453-31.
454-(f) A
455- MAJORITY OF THE AUTHORITY COMMISSIONERS CONSTITUTES
456-PAGE 9-HOUSE BILL 24-1172 A QUORUM.
457-(3) (a) (I) U
458-PON APPOINTMENT AS AN AUTHORITY COMMISSIONER , AN
459-AUTHORITY COMMISSIONER SHALL FILE A CERTIFICATE WITH THE DIVISION
460-OF LOCAL GOVERNMENT IN THE DEPARTMENT OF LOCAL AFFAIRS SETTING
461-FORTH THAT THE GOVERNING BODY
462-, AFTER THE HEARING REQUIRED BY
463-SUBSECTION
464- (1)(b) OF THIS SECTION, MADE THE FINDINGS AND DECLARATION
465-REQUIRED IN SUBSECTION
466- (1)(c) OF THIS SECTION AND APPOINTED THE
467-AUTHORITY COMMISSIONER
468-.
469-(II) U
470-PON AN AUTHORITY COMMISSIONER FILING SUCH A
471-CERTIFICATE
472-, THE AUTHORITY COMMISSIONER AND ANY SUCCESSOR
473-CONSTITUTES THE COUNTY REVITALIZATION AUTHORITY
474-, WHICH IS A BODY
475-CORPORATE AND POLITIC
476-.
2391+F THERE IS MORE THAN ONE PERSON INTERESTED AS OWNER OR17
2392+OTHERWISE IN THE PROPERTY AND THEY ARE UNABLE TO AGREE UPON THE18
2393+NATURE, EXTENT, OR VALUE OF THEIR RESPECTIVE INTERESTS IN THE19
2394+TOTAL AMOUNT OF COMPENSATION SO ASCERTAINED AND ASSESSED ON AN20
2395+UNDIVIDED BASIS, THE NATURE, EXTENT, OR VALUE OF SAID INTERESTS21
2396+MUST BE DETERMINED ACCORDING TO LAW IN A SEPARATE AND22
2397+SUBSEQUENT PROCEEDING AND DISTRIBUTION MADE AM ONG THE SEVERAL23
2398+CLAIMANTS.24
2399+(4) A
2400+T THE REQUEST OF ANY AFFECTED PARTY AND UPON A25
2401+SHOWING OF UNDUE HARDSHIP OR OTHER GOOD CAUSE , THE PETITIONER'S26
2402+AUTHORITY TO TAKE POSSESSION OF THE PROPERTY MUST BE POSTPONED27
2403+1172
2404+-72- FOR MORE THAN FOURTEEN DAYS AFTER THE DATE OF VESTING OF TITLE1
2405+OR MORE THAN TWENTY-ONE DAYS AFTER THE ENTRY OF AN ORDER THAT2
2406+DOES NOT VEST TITLE IN THE PETITIONER. IF POSTPONEMENT OCCURS, THE3
2407+AFFECTED PARTY SHALL PAY TO THE PETITIONER A REASONABLE RENTAL4
2408+FOR SUCH PROPERTY, THE AMOUNT THEREOF TO BE DETERMINED BY THE5
2409+COURT.6
2410+38-7.5-104. Withdrawals from deposit. (1) U
2411+PON PROPER7
2412+APPLICATION TO THE COURT OR BY STIPULATION BETWEEN THE PARTIES ,8
2413+THE RESPONDENT MAY WITHDRAW FROM THE SUM DEPOSITED PURSUANT9
2414+TO SECTION 38-7.5-103 (2) AN AMOUNT NOT TO EXCEED THREE -FOURTHS10
2415+OF THE HIGHEST VALUATION EVIDENCED BY TESTIMONY PRESENTED BY11
2416+THE PETITIONER TO THE COMMISSIONERS UNLESS THE PETITIONER AGREES12
2417+TO A LARGER WITHDRAWAL . ALL PARTIES INTERESTED IN THE PROPERTY13
2418+SOUGHT TO BE ACQUIRED ARE REQUIRED TO CONSENT AND AGREE TO ANY14
2419+LARGER WITHDRAWAL .15
2420+(2) A
2421+NY WITHDRAWAL OF A DEPOSIT IS A PARTIAL PAYMENT OF16
2422+THE AMOUNT OF TOTAL COMPENSATION TO BE PAID AND MUST BE17
2423+DEDUCTED BY THE CLERK OF THE COURT FROM ANY AWARD OR VERDICT18
2424+ENTERED THEREAFTER.19
2425+(3) A
2426+NY PARTY MAKING A WITHDRAWAL OF A DEPOSIT SHALL20
2427+REFUND TO THE CLERK OF THE COURT , UPON THE ENTRY OF A PROPER21
2428+COURT ORDER, ANY PORTION OF THE AMOUNT SO WITHDRAWN WHICH22
2429+EXCEEDS THE AMOUNT FINALLY ASCERTAINED IN THE PROCEEDING TO BE23
2430+JUST COMPENSATION OR DAMAGES , COSTS, OR EXPENSES OWING TO THE24
2431+PARTY.25
2432+38-7.5-105. Construction of article. T
2433+HE RIGHT TO TAKE26
2434+POSSESSION AND TITLE BEFORE THE FINAL JUDGMENT AS PRESCRIBED IN27
2435+1172
2436+-73- THIS ARTICLE 7.5 IS IN ADDITION TO ANY OTHER RIGHT , POWER, OR1
2437+AUTHORITY OTHERWISE CONFERRED BY LAW AND MAY NOT BE CONSTRUED2
2438+AS ABROGATING, LIMITING, OR MODIFYING ANY SUCH OTHER RIGHT ,3
2439+POWER, OR AUTHORITY , INCLUDING THE RIGHTS , POWERS, AND4
2440+AUTHORITIES GRANTED IN ARTICLES 1 TO 7 OF THIS TITLE 38. SHOULD THE5
2441+PROVISIONS OF THIS ARTICLE 7.5 BE INVOKED BY ANY PARTY, THE FINAL6
2442+DETERMINATION OF THE AMOUNT CONSTITUTING JUST COMPENSATION7
2443+MUST BE DETERMINED PURSUANT TO THE PROVISIONS OF ARTICLE 1 OF8
2444+THIS TITLE 38. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE9
2445+7.5,
2446+ A COUNTY REVITALIZATION AUTHORITY 'S EMINENT DOMAIN10
2447+AUTHORITY SHALL NOT EXCEED THAT OF THE COUNTY WHERE THE11
2448+AUTHORITY IS LOCATED.12
2449+38-7.5-106. Commissioners - other articles. N
2450+OTHING IN THIS13
2451+ARTICLE 7.5 PREVENTS A COMMISSIONER APPOINTED UNDER THIS ARTICLE14
2452+7.5
2453+ FROM BEING APPOINTED PURSUANT TO THE PROVISIONS OF ARTICLES15
2454+1
2455+ TO 7 OF THIS TITLE 38 IN THE SAME EMINENT DOMAIN PROCEEDING .16
2456+N
2457+OTHING IN THIS ARTICLE 7.5 PREVENTS THE APPOINTMENT OF A17
2458+COMMISSIONER, FOR PURPOSES OF THIS ARTICLE 7.5, WHO HAS PREVIOUSLY18
2459+BEEN APPOINTED IN THE SAME PROCEEDING UNDER THE PROVISIONS OF19
2460+ARTICLE 1 OF THIS TITLE 38.20
2461+38-7.5-107. Interest. T
2462+HE PETITIONER SHALL PAY INTEREST AS21
2463+PROVIDED IN SECTION 38-1-116; EXCEPT THAT NO INTEREST IS ALLOWED22
2464+ON THAT PORTION OF THE AWARD WHICH THE RESPONDENT RECEIVED OR23
2465+COULD HAVE RECEIVED AS A PARTIAL PAYMENT BY WITHDRAWAL FROM24
2466+THE SUM DEPOSITED BY THE PETITIONER PURSUANT TO SECTION25
2467+38-7.5-103
2468+ (2).26
2469+SECTION 3. In Colorado Revised Statutes, amend 11-58-105 as27
2470+1172
2471+-74- follows:1
2472+11-58-105. Annual information report. Each issuer of nonrated2
2473+public securities issued pursuant to sections 30-31-109 (13), 31-25-1073
2474+(9), and 31-25-807 (3), C.R.S., and title 32, C.R.S., shall make public4
2475+within sixty days following the end of each of such issuer's fiscal year5
2476+ending on or after December 31, 1991, an annual information report or6
2477+reports with respect to any of such issuer's nonrated public securities7
2478+which are outstanding as of the end of each such fiscal year. Nothing shall8
2479+preclude PRECLUDES any issuer not so required by this article THIS9
2480+ARTICLE 58 from filing a report pursuant to this article THIS ARTICLE 58.10
2481+SECTION 4. In Colorado Revised Statutes, 22-54-112, amend11
2482+(3) as follows:12
2483+22-54-112. Reports to the state board. (3) (a) If the valuation13
2484+for assessment for all or a part of any district has been divided for an14
2485+urban renewal area, pursuant to section 31-25-107 (9)(a), C.R.S., any15
2486+report under this section shall MUST be based upon that portion of the16
2487+valuation for assessment under said section 31-25-107 (9)(a)(I), C.R.S.,17
2488+so long as such THE division remains in effect.18
4772489 (b) I
478-N ANY SUIT, ACTION, OR PROCEEDING INVOLVING THE VALIDITY
479-OR ENFORCEMENT OF ANY BOND
480-, CONTRACT, MORTGAGE, TRUST INDENTURE,
481-OR OTHER AGREEMENT OF THE AUTHORITY , THE AUTHORITY MUST BE
482-CONCLUSIVELY DEEMED TO HAVE BEEN ESTABLISHED IN ACCORDANCE WITH
483-THE PROVISIONS OF THIS ARTICLE
484-31 UPON PROOF OF THE FILING OF THE
485-CERTIFICATE DESCRIBED IN THIS SUBSECTION
486-(3). A COPY OF THE
487-CERTIFICATE
488-, DULY CERTIFIED BY THE DIRECTOR OF THE DIVISION OF LOCAL
489-GOVERNMENT IN THE DEPARTMENT OF LOCAL AFFAIRS
490-, IS ADMISSIBLE IN
491-EVIDENCE IN ANY SUCH SUIT
492-, ACTION, OR PROCEEDING.
493-(4) (a) (I) N
494-EITHER ANY AUTHORITY COMMISSIONER , AUTHORITY
495-OFFICER
496-, OR EMPLOYEE OF AN AUTHORITY NOR ANY IMMEDIATE FAMILY
497-MEMBER OF ANY SUCH AUTHORITY COMMISSIONER
498-, OFFICER, OR EMPLOYEE
499-MAY ACQUIRE ANY INTEREST
500-, DIRECT OR INDIRECT, IN ANY COUNTY
501-REVITALIZATION PROJECT OR IN ANY PROPERTY INCLUDED OR PLANNED TO
502-BE INCLUDED IN ANY COUNTY REVITALIZATION PROJECT
503-.
504-(II) A
505-N AUTHORITY COMMISSIONER SHALL NOT HAVE ANY INTEREST ,
506-DIRECT OR INDIRECT, IN ANY CONTRACT OR PROPOSED CONTRACT FOR
507-MATERIALS OR SERVICES TO BE FURNISHED OR USED IN CONNECTION WITH
508-ANY COUNTY REVITALIZATION PROJECT
509-.
510-(b) (I) (A) I
511-F AN AUTHORITY COMMISSIONER , AUTHORITY OFFICER,
512-OR EMPLOYEE OF AN AUTHORITY OWNS OR CONTROLS AN INTEREST , DIRECT
513-OR INDIRECT
514-, IN ANY PROPERTY INCLUDED OR PLANNED TO BE INCLUDED IN
515-PAGE 10-HOUSE BILL 24-1172 THE COUNTY REVITALIZATION PROJECT , THE AUTHORITY COMMISSIONER
516-SHALL IMMEDIATELY DISCLOSE THE INTEREST IN WRITING TO THE
517-AUTHORITY
518-. THE DISCLOSURE MUST BE ENTERED UPON THE MINUTES OF THE
519-AUTHORITY
520-.
521-(B) U
522-PON A DISCLOSURE MADE PURSUANT TO SUBSECTION
523-(4)(b)(I)(A) OF THIS SECTION, THE AUTHORITY COMMISSIONER, OFFICER, OR
524-OTHER EMPLOYEE SHALL NOT PARTICIPATE IN ANY ACTION BY THE
525-AUTHORITY AFFECTING THE CARRYING OUT OF THE COUNTY REVITALIZATION
526-PROJECT PLANNING OR THE UNDERTAKING OF THE PROJECT
527-, UNLESS THE
528-AUTHORITY DETERMINES THAT
529-, NOTWITHSTANDING THE PERSONAL
530-INTEREST
531-, THE PARTICIPATION OF THE AUTHORITY COMMISSIONER , OFFICER,
532-OR EMPLOYEE WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST .
533-(II) A
534-CQUISITION OR RETENTION OF ANY INTEREST DESCRIBED IN
535-SUBSECTION
536- (4)(b)(I)(A) OF THIS SECTION WITHOUT A DETERMINATION BY
537-THE AUTHORITY THAT THE INTEREST IS NOT CONTRARY TO THE PUBLIC
538-INTEREST OR WILLFUL FAILURE TO DISCLOSE ANY SUCH INTEREST
539-CONSTITUTES MISCONDUCT IN OFFICE
540-.
541-(5) (a) T
542-HE GOVERNING BODY MAY REMOVE AN AUTHORITY
543-COMMISSIONER FOR INEFFICIENCY OR NEGLECT OF DUTY OR MISCONDUCT IN
544-OFFICE ONLY AFTER THE AUTHORITY COMMISSIONER HAS BEEN GIVEN A COPY
545-OF THE CHARGES THAT THE GOVERNING BODY MADE AGAINST THE
546-AUTHORITY COMMISSIONER AND THE AUTHORITY COMMISSIONER HAS HAD
547-AN OPPORTUNITY TO BE HEARD IN PERSON OR THROUGH COUNSEL BEFORE
548-THE GOVERNING BODY
549-.
2490+F THE VALUATION FOR ASSESSMENT FOR ALL OR A PART OF19
2491+ANY DISTRICT HAS BEEN DIVIDED FOR A COUNTY REVITALIZATION AREA20
2492+PURSUANT TO SECTION 30-31-109
2493+(13)(a) ANY REPORT UNDER THIS21
2494+SECTION MUST BE BASED UPON THAT PORTION OF THE VALUATION FOR22
2495+ASSESSMENT UNDER SECTION 30-31-109 (13)(a)(I), SO LONG AS THE23
2496+DIVISION REMAINS IN EFFECT.24
2497+SECTION 5. In Colorado Revised Statutes, 24-46-303, amend25
2498+(6) as follows:26
2499+24-46-303. Definitions. As used in this part 3, unless the context27
2500+1172
2501+-75- otherwise requires:1
2502+(6) "Financing entity" means the entity designated by the2
2503+commission in connection with its approval of a regional tourism project3
2504+to receive and utilize state sales tax increment revenue. A financing entity4
2505+may be
2506+ A COUNTY REVITALIZATION AUTHORITY CREATED PURSUANT TO5
2507+ARTICLE 31 OF TITLE 30, a metropolitan district created pursuant to title6
2508+32, C.R.S.,
2509+ an urban renewal authority created pursuant to part 1 of article7
2510+25 of title 31, C.R.S., or any regional tourism authority to be formed8
2511+pursuant to this part 3.9
2512+SECTION 6. In Colorado Revised Statutes, 24-46-304, amend10
2513+(2)(d) as follows:11
2514+24-46-304. Regional tourism project - application -12
2515+requirements. (2) A local government shall submit an application for a13
2516+regional tourism project to the Colorado office of economic development14
2517+in a form and manner to be determined by the commission. The office15
2518+shall provide the commission with each application received after the16
2519+director's review pursuant to section 24-46-305. The application shall17
2520+include, but need not be limited to, the following:18
2521+(d) A discussion of each of the application criteria and how the19
2522+project will meet each of the criteria, including an economic analysis20
2523+detailing projected economic development, impact on future state sales21
2524+tax revenue during and after the financing term, the number of new jobs22
2525+to be created by the project by job category as defined by the Colorado23
2526+department of labor and employment occupational employment statistics24
2527+survey and the wages and, to the extent that it is reasonably possible,25
2528+information on health benefits for jobs in each category, market impact,26
2529+anticipated regional and in-state competition, the ability to attract27
2530+1172
2531+-76- out-of-state tourists, the fiscal impact to local governments within and1
2532+adjacent to the regional tourism zone, an analysis of the impact to local2
2533+school districts and an estimate of the percentage of total program that the3
2534+state will become responsible to fund through the state's share of total4
2535+program pursuant to section 22-54-106, C.R.S., in the event that IF THE5
2536+COUNTY REVITALIZATION AUTHORITY OR an urban renewal authority is the6
2537+financing entity for the regional tourism project and uses property tax7
2538+revenue to finance the project, and any other information reasonably8
2539+requested by the commission;9
2540+SECTION 7. In Colorado Revised Statutes, 24-46-306, amend10
2541+(3)(g) as follows:11
2542+24-46-306. Regional tourism authority - board - creation -12
2543+powers and duties. (3) Unless limited by the commission's conditions13
2544+of approval, each authority shall have all of the powers necessary or14
2545+convenient to carry out and effect the purposes and provisions of this part15
2546+3, including but not limited to the following powers:16
2547+(g) To assign and pledge to any
2548+COUNTY REVITALIZATION17
2549+AUTHORITY, metropolitan district, or urban renewal authority having all18
2550+or any portion of the regional tourism zone within its boundaries or19
2551+service area the authority's right to receive and utilize state sales tax20
2552+increment revenue to support bonds or other financing instruments issued21
2553+or entered into by the metropolitan district or urban renewal authority for22
2554+eligible costs or to acquire eligible improvements, including but not23
2555+limited to loans or funding and reimbursement agreements with24
2556+developers involved in the regional tourism project or other third parties;25
2557+SECTION 8. In Colorado Revised Statutes, 24-46-308, amend26
2558+(4) as follows:27
2559+1172
2560+-77- 24-46-308. Annual report - audit. (4) If the financing entity is1
2561+a
2562+ COUNTY REVITALIZATION AUTHORITY , A metropolitan district, or an2
2563+urban renewal authority, it may comply with the requirements of this3
2564+section by submitting to the commission a copy of the report that the4
2565+metropolitan district or urban renewal authority is otherwise required to5
2566+submit to a local government pursuant to law. Such copy shall
2567+ MUST be6
2568+delivered to the commission concurrently with the delivery of the annual7
2569+report and audit when otherwise required by law.8
2570+SECTION 9. In Colorado Revised Statutes, 24-68-102, amend9
2571+the introductory portion and (2) as follows:10
2572+24-68-102. Definitions. As used in this article ARTICLE 68, unless11
2573+the context otherwise requires:12
2574+(2) "Local government" means any county, city and county, city,13
2575+or town, whether statutory or home rule, acting through its governing14
2576+body or any board, commission, or agency thereof having final approval15
2577+authority over a site specific development plan, including without16
2578+limitation any legally empowered COUNTY REVITALIZATION AUTHORITY17
2579+OR urban renewal authority.18
2580+SECTION 10. In Colorado Revised Statutes, 29-25-108, amend19
2581+(1)(c) as follows:20
2582+29-25-108. Board of directors - duties. (1) (c) If more than21
2583+one-half of the property located within the district is also located within22
2584+A COUNTY REVITALIZATION AREA , an urban renewal area, a downtown23
2585+development authority, or a general improvement district, the governing24
2586+body may, at any time, provide by ordinance that the governing body of25
2587+the
2588+COUNTY REVITALIZATION AUTHORITY , urban renewal authority,26
2589+downtown development authority, or general improvement district shall27
2590+1172
2591+-78- constitute ex officio the board of directors of the district. In such event,1
2592+the officers of such entity shall be ARE ex officio the officers of the board.2
2593+A quorum of the board of directors of such entity shall constitute3
2594+CONSTITUTES a quorum of the board.4
2595+SECTION 11. In Colorado Revised Statutes, 31-30-1102, amend5
2596+(7.5) as follows:6
2597+31-30-1102. Definitions. As used in this part 11, unless the7
2598+context otherwise requires:8
2599+(7.5) "Previous net valuation" means an amount equal to the total9
2600+valuation for assessment certified by the county assessor pursuant to10
2601+section 39-5-128, C.R.S., and amended pursuant to section 39-1-111 (5),11
2602+C.R.S., less the valuation for assessment that has been divided for THE12
2603+COUNTY REVITALIZATION AREA PURS UANT TO SECTION 30-31-109 (13), an13
2604+urban renewal area pursuant to section 31-25-107 (9), or for a downtown14
2605+development authority pursuant to section 31-25-807 (3) for the property15
2606+tax year in which the municipality or district made a contribution to the16
2607+fund. If the total valuation for assessment certified by the county assessor,17
2608+as amended, does not include the valuation for assessment that has been18
2609+divided for an urban renewal area, such urban renewal valuation for19
2610+assessment shall not be subtracted from the total valuation for assessment.20
2611+SECTION 12. In Colorado Revised Statutes, 32-9-119.8, amend21
2612+(1)(a.3) as follows:22
2613+32-9-119.8. Provision of retail and commercial goods and23
2614+services at district transfer facilities - residential and other uses at24
2615+district transfer facilities permitted - definitions. (1) As used in this25
2616+section, unless the context otherwise requires:26
2617+(a.3) "Public entity" includes, but is not limited to, a public body,27
2618+1172
2619+-79- as that term is defined in section 32-9-103 (11), and any other1
2620+governmental entity, agency, or official, including
2621+A COUNTY2
2622+REVITALIZATION AUTHORITY , an urban renewal authority, and the3
2623+department of transportation.4
2624+SECTION 13. In Colorado Revised Statutes, 32-11-104, amend5
2625+(46)(a) as follows:6
2626+32-11-104. Definitions. As used in this article 11, unless the7
2627+context otherwise requires:8
2628+(46) (a) "Public body" means the state of Colorado or any agency,9
2629+instrumentality, or corporation thereof, or any county, municipality,10
2630+corporate district, housing authority,
2631+COUNTY REVITALIZATION11
2632+AUTHORITY, urban renewal authority, other type of authority, the regents12
2633+of the university of Colorado, the state board for community colleges and13
2634+occupational education, or any other body corporate and politic and14
2635+political subdivision of the state.15
2636+SECTION 14. In Colorado Revised Statutes, 38-1-101, amend16
2637+(5)(b) as follows:17
2638+38-1-101. Compensation - public use - commission - jury -18
2639+court - prohibition on elimination of nonconforming uses or19
2640+nonconforming property design by amortization - limitation on20
2641+extraterritorial condemnation by municipalities - definitions. (5) For21
2642+purposes of this section, unless the context otherwise requires:22
2643+(b) "Political subdivision" means a county; city and county; city;23
2644+town; service authority; school district; local improvement district; law24
2645+enforcement authority;
2646+COUNTY REVITALIZATION AUTHORITY ; urban25
2647+renewal authority; city or county housing authority; water, sanitation, fire26
2648+protection, metropolitan, irrigation, drainage, or other special district; or27
2649+1172
2650+-80- any other kind of municipal, quasi-municipal, or public corporation1
2651+organized pursuant to law.2
2652+SECTION 15. In Colorado Revised Statutes, 38-1-202, amend3
2653+(1)(f)(XLI) and (1)(f)(XLII); and add (1)(f)(XLIII) as follows:4
2654+38-1-202. Governmental entities, corporations, and persons5
2655+authorized to use eminent domain. (1) The following governmental6
2656+entities, types of governmental entities, and public corporations, in7
2657+accordance with all procedural and other requirements specified in this8
2658+article 1 and articles 2 to 7 of this title 38 and to the extent and within any9
2659+time frame specified in the applicable authorizing statute, may exercise10
2660+the power of eminent domain:11
2661+(f) The following types of single purpose districts, special12
2662+districts, authorities, boards, commissions, and other governmental13
2663+entities that serve limited governmental purposes or that may exercise14
2664+eminent domain for limited purposes:15
2665+(XLI) The front range passenger rail district created in section16
2666+32-22-103 (1), as authorized in section 32-22-106 (1)(k); and17
2667+(XLII) The Colorado electric transmission authority created in18
2668+section 40-42-103 (1) as authorized in section 40-42-104 (1)(p);
2669+AND19
2670+(XLIII) A
2671+ COUNTY REVITALIZATION AUTHORITY CREATED20
2672+PURSUANT TO SECTION 30-31-104 AND IN ACCORDANCE WITH THE VESTING21
2673+REQUIREMENTS SPECIFIED IN ARTICLE 7 OF THIS TITLE 38;22
2674+SECTION 16. In Colorado Revised Statutes, 39-1-111, amend23
2675+(4) as follows:24
2676+39-1-111. Taxes levied by board of county commissioners.25
2677+(4) (a) If the valuation for assessment for all or any part of any body26
2678+authorized to levy taxes has been divided for an urban renewal area,27
2679+1172
2680+-81- pursuant to section 31-25-107 (9)(a), C.R.S., the board of county1
2681+commissioners shall make the same levy on the portion of valuation for2
2682+assessment divided under subparagraph (II) as under subparagraph (I) of3
2683+said section 31-25-107 (9)(a), C.R.S., SECTION 31-25-107 (9)(a)(II) AS4
2684+UNDER SECTION 31-25-107 (9)(a)(I) for payment of taxes according to the5
2685+provisions of said SECTION 31-25-107 (9)(a), so long as said THE division6
2686+remains in effect.7
5502687 (b) I
551-F ANY AUTHORITY COMMISSIONER IS REMOVED , THE GOVERNING
552-BODY SHALL FILE A RECORD OF THE PROCEEDINGS
553-, TOGETHER WITH THE
554-CHARGES MADE AGAINST THE AUTHORITY COMMISSIONER AND ANY RELATED
555-FINDINGS
556-, IN THE OFFICE OF THE COUNTY CLERK AND RECORDER .
557-(6) (a) A
558-NY TAXING ENTITY, OTHER THAN A SCHOOL DISTRICT OR THE
559-COUNTY
560-, THAT LEVIES TAXES IN AN AREA THAT WOULD FALL UNDER THE
561-COUNTY REVITALIZATION PLAN PROPOSED BY THE AUTHORITY MAY FILE A
562-PETITION WITH THE AUTHORITY REQUESTING TO JOIN THE AUTHORITY
563-.
564-(b) W
565-ITHIN THIRTY DAYS OF RECEIVING THE NOTICE DESCRIBED IN
566-SUBSECTION
567- (6)(a) OF THIS SECTION, THE AUTHORITY SHALL HOLD A PUBLIC
568-PAGE 11-HOUSE BILL 24-1172 HEARING TO DETERMINE WHETHER THE TAXING ENTITY THAT FILED A
569-PETITION SHOULD BE INCLUDED IN THE AUTHORITY
570-.
571-(c) T
572-HE INCREMENTAL PROPERTY TAX REVENUE OF A TAXING ENTITY
573-THAT EITHER DOES NOT FILE A PETITION IN ACCORDANCE WITH SUBSECTION
574-(6)(a) OF THIS SECTION OR THAT THE AUTHORITY DECIDES NOT TO INCLUDE
575-IN THE AUTHORITY DURING A HEARING HELD IN ACCORDANCE WITH
576-SUBSECTION
577- (6)(b) OF THIS SECTION SHALL NOT BE ALLOCATED UNDER THE
578-COUNTY REVITALIZATION PLAN PROPOSED BY THE AUTHORITY
579-.
580-30-31-105. Powers of an authority. (1) A
581-N AUTHORITY HAS ALL
582-THE POWERS NECESSARY OR CONVENIENT TO CARRY OUT AND EFFECTUATE
583-THE PURPOSES AND PROVISIONS OF THIS ARTICLE
584-31, INCLUDING THE POWER
585-TO
586-:
587-(a) S
588-UE AND TO BE SUED;
589-(b) A
590-DOPT AND ALTER A SEAL;
591-(c) H
592-AVE PERPETUAL SUCCESSION;
593-(d) M
594-AKE, AND FROM TIME TO TIME AMEND AND REPEAL , BYLAWS,
595-ORDERS, RULES, AND REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS
596-ARTICLE
597-31;
598-(e) U
599-NDERTAKE COUNTY REVITALIZATION PROJECTS ;
600-(f) M
601-AKE AND EXECUTE ANY AND ALL CONTRACTS AND OTHER
602-INSTRUMENTS WHICH IT MAY DEEM NECESSARY OR CONVENIENT TO THE
603-EXERCISE OF ITS POWERS UNDER THIS ARTICLE
604-31, INCLUDING CONTRACTS
605-FOR ADVANCES
606-, LOANS, GRANTS, AND CONTRIBUTIONS FROM THE FEDERAL
607-GOVERNMENT OR ANY OTHER SOURCE
608-;
609-(g) A
610-RRANGE FOR THE FURNISHING OR REPAIR BY ANY PERSON OR
611-PUBLIC BODY OF SERVICES
612-, PRIVILEGES, WORKS, STREETS, ROADS, PUBLIC
613-UTILITIES
614-, OR EDUCATIONAL OR OTHER FACILITIES FOR OR IN CONNECTION
615-WITH A PROJECT OF THE AUTHORITY
616-;
617-(h) D
618-EDICATE PROPERTY ACQUIRED OR HELD BY THE AUTHORITY FOR
619-PUBLIC WORKS
620-, IMPROVEMENTS, FACILITIES, UTILITIES, AND OTHER
621-PAGE 12-HOUSE BILL 24-1172 PURPOSES;
622-(i) A
623-GREE, IN CONNECTION WITH ANY OF THE AUTHORITY 'S
624-CONTRACTS
625-, TO ANY CONDITIONS THAT THE AUTHORITY DEEMS REAS ONABLE
626-AND APPROPRIATE UNDER THIS ARTICLE
627-31, INCLUDING CONDITIONS
628-ATTACHED TO FEDERAL FINANCIAL ASSISTANCE
629-, AND TO INCLUDE IN ANY
630-CONTRACT MADE OR LET IN CONNECTION WITH ANY PROJECT OF THE
631-AUTHORITY PROVISIONS TO FULFILL SUCH CONDITIONS AS IT MAY DEEM
632-REASONABLE AND APPROPRIATE
633-;
634-(j) A
635-RRANGE WITH THE COUNTY OR OTHER RELEVANT PUBLIC BODY
636-TO PLAN
637-, REPLAN, ZONE, OR REZONE ANY PART OF THE AREA OF THE COUNTY
638-OR OTHER PUBLIC BODY IN CONNECTION WITH ANY PROJECT PROPOSED OR
639-BEING UNDERTAKEN BY THE AUTHORITY UNDER THIS ARTICLE
640-31;
641-(k) E
642-NTER, WITH THE CONSENT OF THE OWNER , ANY BUILDING OR
643-PROPERTY IN ORDER TO MAKE SURVEYS OR APPRAISALS AND TO OBTAIN AN
644-ORDER FOR THIS PURPOSE FROM A COURT OF COMPETENT JURISDICTION IF
645-ENTRY IS DENIED OR RESISTED
646-;
647-(l) A
648-CQUIRE ANY PROPERTY BY PURCHASE , LEASE, OPTION, GIFT,
649-GRANT, BEQUEST, DEVISE, OR OTHERWISE TO ACQUIRE ANY INTEREST IN
650-PROPERTY BY CONDEMNATION
651-, INCLUDING A FEE SIMPLE ABSOLUTE TITLE,
652-IN THE MANNER PROVIDED BY THE LAWS OF THE STATE FOR THE EXERCISE OF
653-THE POWER OF EMINENT DOMAIN BY ANY OTHER PUBLIC BODY
654-. PROPERTY
655-ALREADY DEVOTED TO A PUBLIC USE MAY BE ACQUIRED IN A LIKE MANNER
656-;
657-EXCEPT THAT NO PROPERTY BELONGING TO THE FEDERAL GOVERNMENT OR
658-TO A PUBLIC BODY MAY BE ACQUIRED WITHOUT ITS CONSENT
659-. ANY
660-ACQUISITION OF ANY INTEREST IN PROPERTY BY CONDEMNATION BY AN
661-AUTHORITY MUST BE APPROVED AS PART OF THE COUNTY REVITALIZATION
662-PLAN OR THE SUBSTANTIAL MODIFICATION OF THE COUNTY REVITALIZATION
663-PLAN
664-, AS PROVIDED IN SECTION 30-31-109, MUST BE APPROVED BY A
665-MAJORITY VOTE OF THE GOVERNING BODY IN WHICH THE PROPERTY IS
666-LOCATED
667-, AND MUST SATISFY THE REQUIREMENTS OF SECTION 30-31-106.
668-(m) H
669-OLD, IMPROVE, CLEAR, OR PREPARE FOR REDEVELOPMENT ANY
670-PROPERTY ACQUIRED BY CONDEMNATION BY AN AUTHORITY
671-;
672-(n) M
673-ORTGAGE, PLEDGE, HYPOTHECATE, OR OTHERWISE ENCUMBER
674-OR DISPOSE OF ITS PROPERTY
675-;
676-PAGE 13-HOUSE BILL 24-1172 (o) INSURE ANY PROPERTY OR OPERATIONS OF THE AUTHORITY
677-AGAINST ANY RISKS OR HAZARDS
678-; EXCEPT THAT NO PROVISION OF ANY
679-OTHER LAW WITH RESPECT TO THE PLANNING OR UNDERTAKING OF PROJECTS
680-OR THE ACQUISITION
681-, CLEARANCE, OR DISPOSITION OF PROPERTY BY PUBLIC
682-BODIES MAY RESTRICT AN AUTHORITY FROM EXERCISING POWERS UNDER
683-THIS ARTICLE
684-31 WITH RESPECT TO A PROJECT OF THE AUTHORITY UNLESS
685-THE GENERAL ASSEMBLY SO STATES
686-;
687-(p) (I) I
688-NVEST ANY OF THE AUTHORITY'S MONEY NOT REQUIRED FOR
689-IMMEDIATE DISBURSEMENT IN PROPERTY OR IN SECURITIES IN WHICH PUBLIC
690-BODIES MAY LEGALLY INVEST MONEY SUBJECT TO THEIR CONTROL
691-PURSUANT TO PART
692-6 OF ARTICLE 75 OF TITLE 24, AND TO REDEEM SUCH
693-BONDS AS THE AUTHORITY HAS ISSUED AT THE REDEMPTION PRICE
694-ESTABLISHED THEREIN OR TO PURCHASE SUCH BONDS AT LESS THAN
695-REDEMPTION PRICE
696-. ALL SUCH BONDS ISSUED BY AND THEN REDEEMED OR
697-PURCHASED BY AN AUTHORITY ARE CANCELED
698-.
699-(II) D
700-EPOSIT ANY MONEY NOT REQUIRED FOR IMMEDIATE
701-DISBURSEMENT IN ANY DEPOSITORY AUTHORIZED IN SECTION
702-24-75-603.
703-F
704-OR THE PURPOSE OF MAKING SUCH DEPOSITS , THE AUTHORITY MAY
705-APPOINT
706-, BY WRITTEN RESOLUTION , ONE OR MORE PERSONS TO ACT AS
707-CUSTODIANS OF THE MONEY OF THE AUTHORITY
708-. SUCH PERSONS SHALL GIVE
709-SURETY BONDS IN SUCH AMOUNTS AND FORM AND FOR SUCH PURPOSES AS
710-THE AUTHORITY REQUIRES
711-.
712-(III) B
713-ORROW MONEY AND APPLY FOR AND ACCEPT ADVANCES ,
714-LOANS, GRANTS, AND CONTRIBUTIONS FROM THE FEDERAL GOVERNMENT OR
715-ANY OTHER SOURCE FOR ANY OF THE PURPOSES OF THIS ARTICLE
716-31 AND TO
717-GIVE SUCH SECURITY AS THE FEDERAL GOVERNMENT OR OTHER LENDER MAY
718-REQUIRE
719-;
720-(IV) M
721-AKE APPROPRIATIONS AND EXPENDITURES OF ITS FUNDS ; AND
722-(V) SET UP, ESTABLISH, AND MAINTAIN GENERAL , SEPARATE, OR
723-SPECIAL FUNDS AND BANK ACCOUNTS OR OTHER ACCOUNTS AS IT DEEMS
724-NECESSARY TO CARRY OUT THE PURPOSES OF THIS ARTICLE
725-31;
726-(q) M
727-AKE AND SUBMIT, OR RESUBMIT TO THE GOVERNING BODY FOR
728-APPROPRIATE ACTION
729-, THE AUTHORITY 'S PROPOSED PLANS AND
730-MODIFICATIONS TO THOSE PLANS AS NECESSARY FOR THE CARRYING OUT OF
731-PAGE 14-HOUSE BILL 24-1172 THE PURPOSES OF THIS ARTICLE 31. SUCH PLANS MUST INCLUDE:
732-(I) A
733- ROADMAP TO ASSIST THE COUNTY IN ITS PREPARATION OF A
734-WORKABLE PROGRAM FOR UTILIZING APPROPRIATE PRIVATE AND PUBLIC
735-RESOURCES TO TAKE ADVANTAGE OF REVITALIZATION AREAS
736-, TO
737-ENCOURAGE NEEDED COUNTY REVITALIZATION
738-, TO PROVIDE FOR THE
739-REDEVELOPMENT OF REVITALIZATION AREAS
740-, OR TO UNDERTAKE SUCH
741-ACTIVITIES AS MAY BE SUITABLY EMPLOYED TO ACHIEVE THE OBJECTIVES OF
742-SUCH A WORKABLE PROGRAM
743-, WHICH MAY INCLUDE PROVISIONS FOR :
744-(A) T
745-HE REHABILITATION OR CONSERVATION OF REVITALIZATION
746-AREAS OR PORTIONS OF THOSE AREAS BY REPLANNING
747-, REMOVING
748-CONGESTION
749-, PROVIDING PUBLIC IMPROVEMENTS , AND ENCOURAGING THE
750-REHABILITATION AND REPAIR OF DETERIORATED OR DETERIORATING
751-STRUCTURES
752-; AND
753-(B) THE CLEARANCE AND REDEVELOPMENT OF REVITALIZATION
754-AREAS OR PORTIONS OF THOSE AREAS
755-;
756-(II) C
757-OUNTY REVITALIZATION PLANS;
758-(III) P
759-LANS FOR THE RELOCATION OF THOSE INDIVIDUALS , FAMILIES,
760-AND BUSINESS CONCERNS SITUATED IN THE COUNTY REVITALIZATION AREA
761-WHICH WILL BE DISPLACED BY THE COUNTY REVITALIZATION PROJECT
762-.
763-T
764-HESE RELOCATION PLANS MAY INCLUDE DATA SETTING FORTH A FEASIBLE
765-METHOD FOR THE TEMPORARY RELOCATION OF SUCH INDIVIDUALS
766-, FAMILIES,
767-AND BUSINESS CONCERNS AND SHOWING THAT THERE WILL BE PROVIDED , IN
768-THE COUNTY REVITALIZATION AREA OR IN OTHER AREAS NOT GENERALLY
769-LESS DESIRABLE IN REGARD TO PUBLIC UTILITIES AND PUBLIC AND
770-COMMERCIAL FACILITIES
771-, AND AT RENTS OR PRICES WITHIN THE FINANCIAL
772-MEANS OF SUCH INDIVIDUALS
773-, FAMILIES, AND BUSINESS CONCERNS, DECENT,
774-SAFE, AND SANITARY DWELLINGS AND COMMERCIAL SPACES EQUAL IN
775-NUMBER TO AND AVAILABLE TO SUCH INDIVI DUALS
776-, FAMILIES, AND BUSINESS
777-CONCERNS AND REASONABLY ACCESSIBLE TO THEIR PLACES OF EMPLOYMENT
778-OR BUSINESS
779-.
780-(IV) P
781-LANS FOR UNDERTAKING A PROGRAM OF VOLUNTARY REPAIR
782-AND REHABILITATION OF BUILDINGS AND IMPROVEMENTS
783-;
784-(V) P
785-LANS FOR THE ENFORCEMENT OF STATE AND LOCAL LAWS ,
786-PAGE 15-HOUSE BILL 24-1172 CODES, AND REGULATIONS RELATING TO:
787-(A) T
788-HE USE OF LAND;
789-(B) T
790-HE USE AND OCCUPANCY OF BUILDINGS ;
791-(C) B
792-UILDING IMPROVEMENTS; AND
793-(D) THE REPAIR, REHABILITATION, DEMOLITION, OR REMOVAL OF
794-BUILDINGS AND IMPROVEMENTS
795-; AND
796-(VI) FINANCING PLANS, MAPS, PLATS, APPRAISALS, TITLE SEARCHES,
797-SURVEYS, STUDIES, AND OTHER PRELIMINARY PLANS AND WORK PERTINENT
798-TO ANY PROPOSED PLANS OR MODIFICATIONS
799-;
800-(r) M
801-AKE REASONABLE RELOCATION PAYMENTS TO OR WITH RESPECT
802-TO INDIVIDUALS
803-, FAMILIES, AND BUSINESS CONCERNS SITUATED IN THE
804-COUNTY REVITALIZATION AREA THAT WILL BE DISPLACED AS PROVIDED IN
805-SUBSECTION
806- (1)(q)(III) OF THIS SECTION FOR MOVING EXPENSES AND
807-ACTUAL DIRECT LOSSES OF PROPERTY INCLUDING
808-, FOR BUSINESS CONCERNS,
809-GOODWILL AND LOST PROFITS THAT ARE REASONABLY RELATED TO
810-RELOCATION OF THE BUSINESS
811-, RESULTING FROM THEIR DISPLACEMENT FOR
812-WHICH REIMBURSEMENT OR COMPENSATION IS NOT OTHERWISE MADE
813-,
814-INCLUDING THE MAKING OF SUCH PAYMENTS FINANCED BY THE FEDERAL
815-GOVERNMENT
816-;
817-(s) D
818-EVELOP, TEST, AND REPORT METHODS AND TECHNIQUES FOR
819-TAKING ADVANTAGE OF THE REVITALIZATION AREAS WITHIN THE COUNTY
820-AND CARRY OUT DEMONSTRATIONS AND OTHER ACTIVITIES FOR TAKING
821-ADVANTAGE OF THE REVITALIZATION AREAS
822-; AND
823-(t) RENT OR PROVIDE BY OTHER MEANS, INCLUDING ACCEPTING THE
824-USE OF SUITABLE QUARTERS FURNISHED BY THE RELEVANT COUNTY OR ANY
825-OTHER PUBLIC BODY
826-, SUITABLE QUARTERS FOR THE USE OF THE AUTHORITY
827-AND EQUIP SUCH QUARTERS WITH FURNITURE
828-, FURNISHINGS, EQUIPMENT,
829-RECORDS, AND SUPPLIES AS THE AUTHORITY DEEMS NECESSARY TO ENABLE
830-IT TO EXERCISE ITS POWERS UNDER THIS ARTICLE
831-31.
832-(2) N
833-O AUTHORITY HAS POWER TO LEVY OR ASSESS AD VALOREM
834-TAXES
835-, PERSONAL PROPERTY TAXES , OR ANY OTHER FORM OF TAXES
836-PAGE 16-HOUSE BILL 24-1172 INCLUDING SPECIAL ASSESSMENTS AGAINST ANY PROPERTY .
837-(3) N
838-O MUNICIPALITY IS REQUIRED TO PROVIDE SERVICES WITHIN THE
839-BOUNDARIES OF THE COUNTY REVITALIZATION AREA OR TO PROVIDE OR
840-EXPAND INFRASTRUCTURE OR FACILITIES TO SERVE A C OUNTY
841-REVITALIZATION PROJECT
842-; EXCEPT THAT THE AUTHORITY OR COUNTY AND
843-A MUNICIPALITY MAY ENTER INTO AN INTERGOVERNMENTAL AGREEMENT
844-REGARDING THE PROVISION OF SERVICES WITHIN THE BOUNDARIES OF THE
845-COUNTY REVITALIZATION AREA OR TO PROVIDE OR EXPAND
846-INFRASTRUCTURE OR FACILITIES TO SERVICE A COUNTY REVITALIZATION
847-PROJECT
848-.
849-(4) N
850-OTHING IN THIS ARTICLE 31 SHALL BE CONSTRUED TO AFFECT
851-THE AUTHORITY OF A MUNICIPALITY TO REGULATE AND PLAN FOR THE USE
852-OF LAND OR AFFECT ANY AGREEMENT BETWEEN A MUNICIPALITY AND A
853-LANDOWNER OR PUBLIC BODY RELATING TO THE USE OR DEVELOPMENT OF
854-LAND
855-.
856-30-31-106. Acquisition of private property by eminent domain
857-by authority for subsequent transfer to private party - restrictions -
858-exceptions - right of civil action - damages - definitions. (1) (a) E
859-XCEPT
860-AS PROVIDED IN THIS SUBSECTION
861-(1) OR SUBSECTION (2) OF THIS SECTION,
862-PRIVATE PROPERTY ACQUIRED BY EMINENT DOMAIN BY AN AUTHORITY
863-PURSUANT TO SECTION
864-30-31-105 (1)(l) SHALL NOT LATER BE TRANSFERRED
865-TO A PRIVATE PARTY UNLESS
866-:
867-(I) T
868-HE OWNER OF THE PROPERTY CONSENTS IN WRITING TO
869-ACQUISITION OF THE PROPERTY BY EMINENT DOMAIN BY THE AUTHORITY
870-;
871-(II) T
872-HE AUTHORITY DETERMINES THAT THE PROPERTY IS NO LONGER
873-NECESSARY FOR THE PURPOSE FOR WHICH THE AUTHORITY ORIGINALLY
874-ACQUIRED THE PROPERTY
875-, AND THE AUTHORITY FIRST OFFERS TO SELL THE
876-PROPERTY TO THE OWNER FROM WHICH THE AUTHORITY ACQUIRED THE
877-PROPERTY
878-, IF THE OWNER CAN BE LOCATED , AT A PRICE NOT MORE THAN
879-THAT PAID BY THE AUTHORITY
880-, AND THE OWNER OF THE PROPERTY DECLINES
881-THE AUTHORITY
882-'S OFFER;
883-(III) T
884-HE PROPERTY ACQUIRED BY THE AUTHORITY IS ABANDONED ;
885-OR
886-PAGE 17-HOUSE BILL 24-1172 (IV) THE OWNER OF THE PROPERTY REQUESTS OR PLEADS IN AN
887-EMINENT DOMAIN ACTION THAT THE AUTHORITY ACQUIRING THE PROPERTY
888-ALSO ACQUIRE PROPERTY THAT IS NOT ESSENTIAL TO THE PURPOSE OF THE
889-AUTHORITY
890-'S ACQUISITION ON THE BASIS THAT ACQUIRING LESS PROPERTY
891-WOULD LEAVE THE OWNER OF THE PROPERTY HOLDING AN UNECONOMIC
892-REMNANT
893-.
894-(b) N
895-OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION , A
896-TRANSFER THAT SATISFIES THE REQUIREMENTS OF THIS SUBSECTION
897-(1) IS
898-NOT SUBJECT TO THE PROVISIONS OF SUBSECTION
899-(2), (3), OR (4) OF THIS
900-SECTION
901-.
902-(2) (a) I
903-F A PROPOSED TRANSFER OF PRIVATE PROPERTY ACQUIRED
904-BY AN AUTHORITY BY EMINENT DOMAIN DOES NOT SATISFY ONE OF THE
905-REQUIREMENTS SPECIFIED IN SUBSECTION
906- (1)(a) OF THIS SECTION, SUCH
907-PROPERTY MAY LATER BE TRANSFERRED TO A PRIVATE PARTY ONLY AFTER
908-THE FOLLOWING CONDITIONS ARE SATISFIED
909-:
910-(I) T
911-HE GOVERNING BODY MAKES A DETERMINATION THAT THE
912-PROPERTY IS LOCATED IN A REVITALIZATION AREA AND THAT THE COUNTY
913-REVITALIZATION PROJECT FOR WHICH THE PROPERTY WAS BEING ACQUIRED
914-WILL COMMENCE NO LATER THAN SEVEN YEARS FROM THE DATE THE
915-GOVERNING BODY MADE THE REVITALIZATION AREA DETERMINATION
916-. FOR
917-PURPOSES OF THIS SUBSECTION
918- (2)(a)(I), THE GOVERNING BODY 'S
919-DETERMINATION OF WHETHER A PARTICULAR AREA OR PROPERTY IS A
920-REVITALIZATION AREA MUST BE BASED UPON INFORMATION THAT IS
921-REASONABLY CURRENT WHEN THE GOVERNING BODY MAKES THE
922-DETERMINATION
923-.
924-(II) N
925-OT LATER THAN THE COMMENCEMENT OF THE NEGOTIATION OF
926-AN AGREEMENT FOR THE REDEVELOPMENT OR REHABILITATION OF PROPERTY
927-ACQUIRED OR TO BE ACQUIRED BY EMINENT DOMAIN
928-, THE AUTHORITY
929-PROVIDES NOTICE AND INVITES PROPOSALS FOR REDEVELOPMENT OR
930-REHABILITATION FROM ALL PROPERTY OWNERS
931-, RESIDENTS, AND OWNERS OF
932-BUSINESS CONCERNS LOCATED ON THE PROPERTY ACQUIRED OR TO BE
933-ACQUIRED BY EMINENT DOMAIN IN THE COUNTY REVITALIZATION AREA BY
934-MAILING NOTICE TO THEIR LAST KNOWN ADDRESS OF RECORD
935-. THE
936-AUTHORITY MAY
937-, AT THE SAME TIME , INVITE PROPOSALS FOR
938-REDEVELOPMENT OR REHABILITATION FROM OWNERS OF BUSINESS
939-CONCERNS
940-, OTHER INTERESTED PERSONS WHO MAY NOT BE PROPERTY
941-PAGE 18-HOUSE BILL 24-1172 OWNERS, OR RESIDENTS WITHIN THE COUNTY REVITALIZATION AREA AND
942-MAY PROVIDE PUBLIC NOTICE THEREOF BY PUBLICATION IN A NEWSPAPER
943-HAVING A GENERAL CIRCULATION WITHIN THE COUNTY IN WHICH THE
944-AUTHORITY HAS BEEN ESTABLISHED
945-.
946-(III) I
947-N THE CASE OF A SET OF PARCELS TO BE ACQUIRED BY THE
948-AUTHORITY IN CONNECTION WITH THE COUNTY REVITALIZATION PROJECT
949-, AT
950-LEAST ONE OF WHICH PARCELS IS OWNED BY AN OWNER REFUSING OR
951-REJECTING AN AGREEMENT FOR THE ACQUISITION OF THE ENTIRE SET OF
952-PARCELS
953-, THE AUTHORITY MAKES A DETERMINATION THAT THE
954-REDEVELOPMENT OR REHABILITATION OF THE REMAINING PARCELS IS NOT
955-VIABLE UNDER THE COUNTY REVITALIZATION PLAN WIT HOUT THE PARCEL AT
956-ISSUE
957-.
958-(b) (I) A
959-NY OWNER OF PROPERTY LOCATED WITHIN THE COUNTY
960-REVITALIZATION AREA MAY CHALLENGE THE DETERMINATION OF A
961-REVITALIZATION AREA MADE BY THE GOVERNING BODY PURSUANT TO
962-SUBSECTION
963- (2)(a)(I) OF THIS SECTION BY FILING, NOT LATER THAN THIRTY
964-DAYS AFTER THE DETERMINATION
965-, A CIVIL ACTION IN DISTRICT COURT
966-PURSUANT TO
967-C.R.C.P. 106 (a)(4) FOR JUDICIAL REVIEW OF THE EXERCISE
968-OF DISCRETION ON THE PART OF THE GOVERNING BODY IN MAKING THE
969-DETERMINATION
970-. ANY SUCH ACTION MUST BE GOVERNED IN ACCORDANCE
971-WITH THE PROCEDURES AND OTHER REQUIREMENTS SPECIFIED IN
972-C.R.C.P.
973-106 (a)(4);
974-EXCEPT THAT THE GOVERNING BODY HAS THE BURDEN OF
975-PROVING THAT
976-, IN MAKING ITS REVITALIZATION AREA DETERMINATION , IT
977-NEITHER EXCEEDED ITS JURISDICTION NOR ABUSED ITS DISCRETION
978-.
979-(II) I
980-F THE OWNER IS THE PREVAILING PARTY ON A CHALLENGE
981-BROUGHT PURSUANT TO THIS SUBSECTION
982- (2)(b), AN AUTHORITY SEEKING
983-TO ACQUIRE PROPERTY BY EMINENT DOMAIN IN ACCORDANCE WITH THE
984-REQUIREMENTS OF THIS SUBSECTION
985-(2) SHALL REIMBURSE THE OWNER OF
986-THE PROPERTY FOR REASONABLE ATTORNEY FEES INCURRED BY THE OWNER
987-IN CONNECTION WITH THE ACQUISITION
988-.
989-(c) N
990-OTWITHSTANDING ANY OTHER PROVISION OF LAW , ANY
991-DETERMINATION MADE BY THE GOVERNING B ODY PURSUANT TO SUBSECTION
992-(2)(a) OF THIS SECTION IS A LEGISLATIVE DETERMINATION AND NOT A
993-QUASI
994--JUDICIAL DETERMINATION.
995-(d) N
996-OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE 31,
997-PAGE 19-HOUSE BILL 24-1172 AN AUTHORITY'S EMINENT DOMAIN AUTHORITY SHALL NOT EXCEED THAT OF
998-THE COUNTY WHERE THE AUTHORITY IS LOCATED
999-.
1000-(3) (a) (I) A
1001-NY AUTHORITY THAT EXERCISES THE POWER OF EMINENT
1002-DOMAIN TO TRANSFER ACQUIRED PROPERTY TO ANOTHER PRIVATE PARTY AS
1003-AUTHORIZED IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION
1004-SHALL ADOPT RELOCATION ASSISTANCE AND LAND ACQUISITION POLICIES TO
1005-BENEFIT DISPLACED PERSONS THAT ARE CONSISTENT WITH THOSE SET FORTH
1006-IN ARTICLE
1007-56 OF TITLE 24 TO THE EXTENT APPLICABLE TO THE FACTS OF
1008-EACH SPECIFIC PROPERTY AND AT THE TIME OF THE RELOCATION OF THE
1009-OWNER OR THE OCCUPANT
1010-. AN AUTHORITY SHALL PROVIDE COMPENSATION
1011-OR OTHER FORMS OF ASSISTANCE TO ANY DISPLACED PERSON IN
1012-ACCORDANCE WITH THE ADOPTED POLICIES
1013-.
1014-(II) I
1015-N THE CASE OF A BUSINESS CONCERN DISPLACED BY THE
1016-ACQUISITION OF PROPERTY BY EMINENT DOMAIN
1017-, THE AUTHORITY SHALL
1018-MAKE A BUSINESS INTERRUPTION PAYMENT TO THE BUSINESS CONCERN NOT
1019-TO EXCEED THE LESSER OF TEN THOUSAND DOLLARS OR ONE
1020--FOURTH OF THE
1021-AVERAGE ANNUAL TAXABLE INCOME SHOWN ON THE THREE MOST RECENT
1022-FEDERAL INCOME TAX RETURNS OF THE BUSINESS CONCERN
1023-.
2688+F THE VALUATION FOR ASSESSMENT FOR ALL OR ANY PART OF8
2689+ANY BODY AUTHORIZED TO LEVY TAXES HAS BEEN DIVIDED FOR A COUNTY9
2690+REVITALIZATION AREA, PURSUANT TO SECTION
2691+30-31-109 (13)(a), THE10
2692+BOARD OF COUNTY COMMISSIONERS SHALL MAKE THE SAME LEVY ON THE11
2693+PORTION OF VALUATION FOR ASSESSMENT DIVIDED UNDER SECTION12
2694+30-31-109 (13)(a)(II) AS UNDER SECTION 30-31-109 (13)(a)(I) FOR13
2695+PAYMENT OF TAXES ACCORDING TO THE PROVISIONS OF SECTION14
2696+30-31-109 (13)(a), SO LONG AS THE DIVISION REMAINS IN EFFECT.15
2697+SECTION 17. In Colorado Revised Statutes, 39-5-128, amend16
2698+(3) as follows:17
2699+39-5-128. Certification of valuation for assessment. (3) (a) If18
2700+the valuation for assessment for all or part of any such political19
2701+subdivision has been divided for an urban renewal area, pursuant to20
2702+section 31-25-107 (9)(a), C.R.S., any certification under this section shall21
2703+MUST be based upon that portion of the valuation for assessment under22
2704+subparagraph (I) of said section 31-25-107 (9)(a), C.R.S., SECTION23
2705+31-25-107 (9)(a)(I) so long as such THE division remains in effect.24
10242706 (b) I
1025-N ANY CASE WHERE THE ACQUISITION OF PROPERTY BY EMINENT
1026-DOMAIN BY AN AUTHORITY DISPLACES INDIVIDUALS
1027-, FAMILIES, OR BUSINESS
1028-CONCERNS
1029-, THE AUTHORITY SHALL MAKE REASONABLE EFFORTS TO
1030-RELOCATE THOSE INDIVIDUALS
1031-, FAMILIES, OR BUSINESS CONCERNS WITHIN
1032-THE COUNTY REVITALIZATION AREA
1033-. THIS RELOCATION MUST BE CONSISTENT
1034-WITH THE USES PROVIDED IN THE COUNTY REVITALIZATION PLAN OR IN
1035-AREAS WITHIN REASONABLE PROXIMITY TO
1036-, OR COMPARABLE TO , THE
1037-ORIGINAL LOCATION OF SUCH INDIVIDUALS
1038-, FAMILIES, OR BUSINESS
1039-CONCERNS
1040-.
1041-(4) A
1042-S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
1043-REQUIRES
1044-, "PRIVATE PROPERTY" OR "PROPERTY" MEANS, AS APPLIED TO
1045-REAL PROPERTY
1046-, ONLY A FEE OWNERSHIP INTEREST.
1047-30-31-107. Condemnation actions by authorities - effect of other
1048-provisions. N
1049-OTWITHSTANDING ANY OTHER PROVISION OF LAW , ANY
1050-CONDEMNATION ACTION COMMENCED BY AN AUTHORITY MUST SATISFY THE
1051-REQUIREMENTS OF SECTION
1052-38-1-101. TO THE EXTENT THAT THERE IS ANY
1053-CONFLICT BETWEEN THIS ARTICLE
1054-31 AND SECTION 38-1-101, SECTION
1055-PAGE 20-HOUSE BILL 24-1172 38-1-101 CONTROLS.
1056-30-31-108. Disposal of property in county revitalization area.
1057-(1) (a) A
1058-N AUTHORITY MAY SELL, LEASE, OR OTHERWISE TRANSFER REAL
1059-PROPERTY OR ANY INTEREST THEREIN ACQUIRED BY THE AUTHORITY AS PART
1060-OF THE COUNTY REVITALIZATION PROJECT FOR RESIDENTIAL
1061-, RECREATIONAL,
1062-COMMERCIAL, INDUSTRIAL, OR OTHER USES, OR FOR PUBLIC USE IN
1063-ACCORDANCE WITH THE COUNTY REVITALIZATION PLAN
1064-, SUBJECT TO SUCH
1065-COVENANTS
1066-, CONDITIONS, AND RESTRICTIONS, INCLUDING COVENANTS
1067-RUNNING WITH THE LAND AND THE INCORPORATION BY REFERENCE OF THE
1068-PROVISIONS OF THE COUNTY REVITALIZATION PLAN OR ANY PART THEREOF
1069-AS THE AUTHORITY DEEMS TO BE IN THE PUBLIC INTEREST OR NECESSARY TO
1070-CARRY OUT THE PURPOSES OF THIS ARTICLE
1071-31.
1072-(b) T
1073-HE PURCHASERS, LESSEES, TRANSFEREES, AND THEIR
1074-SUCCESSORS AND ASSIGNEES DESCRIBED IN THIS SUBSECTION
1075-(1) ARE
1076-OBLIGATED TO DEVOTE THE REAL PROPERTY DESCRIBED IN THIS SUBSECTION
1077-(1) ONLY TO THE LAND USES, DESIGNS, BUILDING REQUIREMENTS, TIMING, OR
1078-PROCEDURES SPECIFIED IN THE COUNTY REVITALIZATION PLAN AND MAY BE
1079-OBLIGATED TO COMPLY WITH OTHER REQUIREMENTS THAT THE AUTHORITY
1080-DETERMINES ARE IN THE PUBLIC INTEREST
1081-, INCLUDING THE OBLIGATION TO
1082-BEGIN ANY IMPROVEMENTS ON SUCH REAL PROPERTY THAT ARE REQUIRED
1083-BY THE COUNTY REVITALIZATION PLAN WITHIN A REASONABLE TIME
1084-.
1085-(c) (I) T
1086-HE REAL PROPERTY OR INTEREST DESCRIBED IN SUBSECTION
1087-(1)(a) OF THIS SECTION MUST BE SOLD , LEASED, OR OTHERWISE
1088-TRANSFERRED AT NOT LESS THAN ITS FA IR VALUE AS DETERMINED BY THE
1089-AUTHORITY FOR USES IN ACCORDANCE WITH THE COUNTY REVITALIZATION
1090-PLAN
1091-.
1092-(II) I
1093-N DETERMINING THE FAIR VALUE OF REAL PROPERTY FOR USES
1094-IN ACCORDANCE WITH THE COUNTY REVITALIZATION PLAN
1095-, AN AUTHORITY
1096-SHALL TAKE INTO ACCOUNT
1097-:
1098-(A) T
1099-HE USES PROVIDED IN THE COUNTY REVITALIZATION PLAN ;
1100-(B) T
1101-HE RESTRICTIONS UPON AND THE COVENANTS , CONDITIONS,
1102-AND OBLIGATIONS ASSUMED BY THE PURCHASER OR LESSEE ; AND
1103-(C) THE OBJECTIVES OF THE COUNTY REVITALIZATION PLAN IN
1104-PAGE 21-HOUSE BILL 24-1172 RELATION TO TAKING ADVANTAGE OF REVITALIZATION AREAS .
1105-(d) (I) R
1106-EAL PROPERTY ACQUIRED BY AN AUTHORITY WHICH , IN
1107-ACCORDANCE WITH THE PROVISIONS OF THE C OUNTY REVITALIZATION PLAN
1108-,
1109-IS TO BE TRANSFERRED MUST BE TRANS FERRED AS RAPIDLY AS FEASIBLE IN
1110-THE PUBLIC INTEREST CONSISTENT WITH THE COUNTY REVITALIZATION PLAN
1111-.
1112-(II) A
1113-NY CONTRACT FOR THE TRANSFER OF REAL PROPERTY
1114-DESCRIBED IN THIS SECTION AND THE COUNTY REVITALIZATION PLAN
1115-, OR
1116-ANY PART OF THE CONTRACT OR PLAN AS THE AUTHORITY MAY DETERMINE
1117-,
1118-MAY BE RECORDED IN THE LAND RECORDS OF THE COUNTY IN SUCH MANNER
1119-AS TO AFFORD ACTUAL OR CONSTRUCTIVE NOTICE
1120-.
1121-(2) (a) A
1122-N AUTHORITY SHALL ONLY DISPOSE OF REAL PROPERTY IN
1123-THE COUNTY REVITALIZATION AREA TO PRIVATE PERSONS UNDER SUCH
1124-REASONABLE COMPETITIVE BIDDING PROCEDURES AS THE AUTHORITY
1125-PRESCRIBES OR AS PROVIDED IN THIS SUBSECTION
1126-(2).
1127-(b) (I) A
1128-N AUTHORITY, BY PUBLIC NOTICE BY PUBLICATION ONCE
1129-EACH WEEK FOR TWO CONSECUTIVE WEEKS IN A NEWSPAPER HAVING A
1130-GENERAL CIRCULATION IN THE COUNTY
1131-, BEFORE THE EXECUTION OF ANY
1132-CONTRACT TO SELL
1133-, LEASE, OR OTHERWISE TRANSFER REAL PROPERTY , AND
1134-BEFORE THE DELIVERY OF ANY INSTRUMENT OF CONVEYANCE PURSUANT TO
1135-THIS SECTION
1136-, MAY INVITE PROPOSALS FROM AND MAKE AVAILABLE ALL
1137-PERTINENT INFORMATION TO ANY PERSON INTERESTED IN UNDERTAKING THE
1138-REDEVELOPMENT OR REHABILITATION OF THE COUNTY REVITALIZATION
1139-AREA OR ANY PART THEREOF
1140-.
1141-(II) N
1142-OTICE GIVEN IN ACCORDANCE WITH THIS SUBSECTION (2)(b)
1143-MUST IDENTIFY THE RELEVANT PORTION OF THE AREA AND MUST STATE THAT
1144-SUCH FURTHER INFORMATION AS IS AVAILABLE MAY BE OBTAINED AT THE
1145-OFFICE DESIGNATED IN THE NOTICE
1146-.
1147-(c) A
1148-N AUTHORITY SHALL CONSIDER ALL REDEVELOPMENT OR
1149-REHABILITATION PROPOSALS RECEIVED IN ACCORDANCE WITH SUBSECTION
1150-(2)(b) OF THIS SECTION AND THE FINANCIAL AND LEGAL ABILITY OF THE
1151-PERSONS MAKING THE PROPOSALS TO CARRY THEM OUT AND MAY
1152-NEGOTIATE WITH ANY PERSONS FOR PROPOSALS FOR THE PURCHASE
1153-, LEASE,
1154-OR OTHER TRANSFER OF ANY REAL PROPERTY ACQUIRED BY THE AUTHORITY
1155-IN THE COUNTY REVITALIZATION AREA
1156-.
1157-PAGE 22-HOUSE BILL 24-1172 (d) AN AUTHORITY MAY ACCEPT SUCH PROPOSALS AS IT DEEMS TO
1158-BE IN THE PUBLIC INTEREST AND IN FURTHERANCE OF THE PURPOSES OF THIS
1159-ARTICLE
1160-31.
1161-(e) A
1162-N AUTHORITY SHALL FILE A NOTIFICATION OF INTENTION TO
1163-ACCEPT A PROPOSAL WITH THE GOVERNING B ODY NOT LESS THAN FIFTEEN
1164-DAYS BEFORE ANY SUCH ACCEPTANCE
1165-. THEREAFTER, THE AUTHORITY MAY
1166-EXECUTE THE PROPOSAL IN ACCORDANCE WITH THE PROVISIONS OF
1167-SUBSECTION
1168-(1) OF THIS SECTION AND DELIVER DEEDS, LEASES, AND OTHER
1169-INSTRUMENTS AND TAKE ALL STEPS NECESSARY TO EFFECTUATE THE
1170-PROPOSAL
1171-.
1172-(3) A
1173-N AUTHORITY MAY TEMPORARILY OPERATE AND MAINTAIN
1174-REAL PROPERTY ACQUIRED IN THE COUNTY REVITALIZATION AREA PENDING
1175-THE DISPOSITION OF THE PROPERTY FOR REDEVELOPMENT WITHOUT REGARD
1176-TO THE PROVISIONS OF SUBSECTION
1177-(1) OF THIS SECTION FOR SUCH USES AND
1178-PURPOSES AS IT DEEMS DESIRABLE EVEN IF THOSE USES AND PURPOSES ARE
1179-NOT IN CONFORMITY WITH THE COUNTY REVITALIZATION PLAN
1180-.
1181-(4) N
1182-OTWITHSTANDING SUBSECTION (1) OF THIS SECTION, AN
1183-AUTHORITY MAY SET ASIDE
1184-, DEDICATE, AND DEVOTE PROJECT REAL
1185-PROPERTY TO PUBLIC USES IN ACCORDANCE WITH THE COUNTY
1186-REVITALIZATION PLAN OR SET ASIDE
1187-, DEDICATE, AND TRANSFER REAL
1188-PROPERTY TO THE COUNTY OR TO ANY OTHER APPROPRIATE PUBLIC BODY
1189-FOR PUBLIC USES IN ACCORDANCE WITH THE COUNTY REVITALIZATION PLAN
1190-WITH OR WITHOUT COMPENSATION FOR SUCH PROPERTY
1191-, WITH OR WITHOUT
1192-REGARD TO THE FAIR VALUE OF SUCH PROPERTY AS DETERMINED IN
1193-SUBSECTION
1194-(1) OF THIS SECTION, AND UPON OR SUBJECT TO SUCH TERMS ,
1195-CONDITIONS, COVENANTS, RESTRICTIONS, OR LIMITATIONS AS THE
1196-AUTHORITY DEEMS TO BE IN THE PUBLIC INTEREST AND AS ARE CONSISTENT
1197-WITH THE PURPOSES AND OBJECTIVES AND THE OTHER APPLICABLE
1198-PROVISIONS OF THIS ARTICLE
1199-31.
1200-30-31-109. Approval of county revitalization plans by local
1201-governing body - definitions. (1) (a) A
1202-N AUTHORITY MAY NOT
1203-UNDERTAKE THE COUNTY REVITALIZATION PROJECT FOR THE COUNTY
1204-REVITALIZATION AREA UNLESS
1205-, BASED ON EVIDENCE PRESENTED AT A PUBLIC
1206-HEARING
1207-, THE GOVERNING BODY HAS DETERMINED BY RESOLUTION THAT
1208-THE AREA IS A REVITALIZATION AREA AND HAS DESIGNATED THE AREA AS
1209-APPROPRIATE FOR A COUNTY REVITALIZATION PROJECT
1210-.
1211-PAGE 23-HOUSE BILL 24-1172 (b) (I) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE
1212-31, WITHIN THIRTY DAYS OF COMMISSIONING A STUDY TO DETERMINE
1213-WHETHER AN AREA IS A REVITALIZATION AREA IN ACCORDANCE WITH THE
1214-REQUIREMENTS OF SUBSECTION
1215- (1)(a) OF THIS SECTION, THE AUTHORITY
1216-SHALL PROVIDE NOTICE TO ANY OWNER OF PRIVATE PROPERTY LOCATED IN
1217-THE AREA THAT IS THE SUBJECT OF THE STUDY BY MAILING NOTICE TO THE
1218-OWNER BY REGULAR MAIL AT THE LAST
1219--KNOWN ADDRESS OF RECORD AND
1220-TO ANY MUNICIPALITY WITHIN THREE MILES OF THE PROPOSED AREA
1221-. THE
1222-NOTICE MUST STATE THAT THE AUTHORITY IS COMMENCING A STUDY
1223-NECESSARY FOR MAKING A DETERMINATION AS TO WHETHER THE AREA IN
1224-WHICH THE OWNER OWNS PROPERTY IS A REVITALIZATION AREA
1225-. WITHIN
1226-SEVEN DAYS OF MAKING SUCH DETERMINATION
1227-, THE AUTHORITY OR THE
1228-COUNTY
1229-, AS APPLICABLE, SHALL ALSO PROVIDE NOTICE OF THE
1230-DETERMINATION TO ANY OWNER OF PRIVATE PROPERTY LOCATED IN THE
1231-AREA THAT IS THE SUBJECT OF THE STUDY BY MAILING NOTICE TO THE
1232-OWNER BY REGULAR MAIL AT THE LAST
1233--KNOWN ADDRESS OF RECORD .
1234-(II) A
1235-S USED IN THIS SUBSECTION (1)(b), "PRIVATE PROPERTY"
1236-MEANS, AS APPLIED TO REAL PROPERTY, ONLY A FEE OWNERSHIP INTEREST.
1237-(c) (I) T
1238-HE BOUNDARIES OF AN AREA THAT THE GOVERNING BODY
1239-DETERMINES TO BE A REVITALIZATION AREA MUST BE DRAWN AS NARROWLY
1240-AS THE GOVERNING BODY DETERMINES FEASIBLE TO ACCOMPLISH THE
1241-PLANNING AND DEVELOPMENT OBJECTIVES OF THE PROPOSED COUNTY
1242-REVITALIZATION PLAN
1243-. THE GOVERNING BODY SHALL NOT APPROVE THE
1244-COUNTY REVITALIZATION PLAN UNTIL A GENERAL PLAN FOR THE COUNTY
1245-HAS BEEN PREPARED
1246-. IN MAKING THE DETERMINATION AS TO WHETHER A
1247-PARTICULAR AREA IS A REVITALIZATION AREA PURSUANT TO THE PROVISIONS
1248-OF THIS ARTICLE
1249-31, ANY PARTICULAR CONDITION FOUND TO BE PRESENT
1250-MAY SATISFY AS MANY OF THE FACTORS REFERENCED IN SECTION
1251-30-31-103
1252-(14)
1253- AS ARE APPLICABLE TO THE CONDITION.
1254-(II) N
1255-OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE 31,
1256-NO COUNTY REVITALIZATION AREA MAY CONTAIN ANY AGRICULTURAL LAND
1257-UNLESS
1258-:
1259-(A) T
1260-HE AGRICULTURAL LAND IS A BROWNFIELD SITE ;
1261-(B) N
1262-OT LESS THAN ONE-HALF OF THE COUNTY REVITALIZATION
1263-AREA AS A WHOLE CONSISTS OF PARCELS OF LAND CONTAINING
1264-PAGE 24-HOUSE BILL 24-1172 URBAN-LEVEL DEVELOPMENT THAT , AT THE TIME OF THE DESIGNATION OF
1265-SUCH AREA
1266-, THE GOVERNING BODY DETERMINES TO BE A REVITALIZATION
1267-AREA IN ACCORDANCE WITH THE REQUIREMENTS OF SUBSECTION
1268- (1)(a) OF
1269-THIS SECTION
1270-, AND NOT LESS THAN TWO-THIRDS OF THE PERIMETER OF THE
1271-COUNTY REVITALIZATION AREA AS A WHOLE IS CONTIGUOUS WITH
1272-URBAN
1273--LEVEL DEVELOPMENT AS DETERMINED AT THE TIME OF THE
1274-DESIGNATION OF SUCH AREA
1275-;
1276-(C) T
1277-HE AGRICULTURAL LAND IS AN ENCLAVE WITHIN THE
1278-TERRITORIAL BOUNDARIES OF THE COUNTY AND THE ENTIRE PERIMETER OF
1279-THE ENCLAVE HAS BEEN CONTIGUOUS WITH URBAN
1280--LEVEL DEVELOPMENT
1281-FOR A PERIOD OF NOT LESS THAN THREE YEARS AS DETERMINED AT THE TIME
1282-OF THE DESIGNATION OF THE AREA
1283-; OR
1284-(D) EACH PUBLIC BODY THAT LEVIES AN AD VALOREM PROPERTY
1285-TAX ON THE AGRICULTURAL LAND AGREES IN WRITING TO THE INCLUSION OF
1286-THE AGRICULTURAL LAND WITHIN THE COUNTY REVITALIZATION AREA
1287-.
1288-(III) N
1289-OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE 31,
1290-THE COUNTY REVITALIZATION AUTHORITY MUST NOT OVERLAP WITH AN
1291-URBAN RENEWAL AUTHORITY
1292-, AND THE BOUNDARIES OF THE COUNTY
1293-REVITALIZATION AREA MUST NOT OVERLAP WITH A MUNICIPALITY
1294-, EXCEPT
1295-WHERE THE PROPERTY IS SUBSEQUENTLY ANNEXED INTO THE MUNICIPALITY
1296-OR PURSUANT TO SECTION
1297-30-31-118.
1298-(d) A
1299- COUNTY REVITALIZATION PLAN THAT IS APPROVED OR
1300-SUBSTANTIALLY MODIFIED MUST INCLUDE A LEGAL DESCRIPTION OF THE
1301-COUNTY REVITALIZATION AREA
1302-, INCLUDING THE LEGAL DESCRIPTION OF ANY
1303-AGRICULTURAL LAND PROPOSED FOR INCLUSION WITHIN THE COUNTY
1304-REVITALIZATION AREA PURSUANT TO SUBSECTION
1305- (1)(c)(II) OF THIS
1306-SECTION
1307-.
1308-(2) (a) P
1309-RIOR TO APPROVING A COUNTY REVITALIZATION PLAN , A
1310-GOVERNING BODY SHALL SUBMIT THE PLAN TO THE COUNTY PLANNING
1311-COMMISSION FOR REVIEW AND RECOMMENDATIONS AS TO THE PLAN
1312-'S
1313-CONFORMITY WITH THE GENERAL PLAN FOR THE DEVELOPMENT OF THE
1314-COUNTY AS A WHOLE
1315-. THE COUNTY PLANNING COMMISSION SHALL ALSO
1316-REVIEW AND PROVIDE RECOMMENDATIONS AS TO THE PLAN
1317-'S INTERACTION
1318-WITH APPLICABLE MUNICIPAL PLANS FOR THE DEVELOPMENT OF
1319-UNINCORPORATED TERRITORY IF THE COUNTY REVITALIZATION PLAN
1320-PAGE 25-HOUSE BILL 24-1172 INCLUDES PROPERTY THAT IS INCLUDED WITHIN A MUNICIPAL PLAN ADOPTED
1321-PURSUANT TO SECTION
1322- 31-12-105 (1)(e)(I) OR SECTION 31-23-212.
1323-(b) T
1324-HE PLANNING COMMISSION SHALL SUBMIT ITS WRITTEN
1325-RECOMMENDATIONS TO THE GOVERNING BODY WITHIN THIRTY DAYS AFTER
1326-RECEIPT OF THE PLAN
1327-.
1328-(c) U
1329-PON RECEIPT OF THE RECOMMENDATIONS OF THE PLANNING
1330-COMMISSION OR
1331-, IF NO RECOMMENDATIONS ARE RECEIVED WITHIN THIRTY
1332-DAYS
1333-, WITHOUT SUCH RECOMMENDATIONS , A GOVERNING BODY MAY
1334-PROCEED WITH THE HEARING ON THE PROPOSED COUNTY REVITALIZATION
1335-PLAN REQUIRED BY SUBSECTION
1336-(5) OF THIS SECTION.
1337-(3) (a) A
1338-T LEAST THIRTY DAYS PRIOR TO THE HEARING DESCRIBED IN
1339-SUBSECTION
1340- (5)(a) OF THIS SECTION ON A COUNTY REVITALIZATION PLAN OR
1341-A SUBSTANTIAL MODIFICATION TO A COUNTY REVITALIZATION PLAN
1342-, THE
1343-COUNTY OR THE AUTHORITY SHALL SUBMIT A COUNTY REVITALIZATION
1344-IMPACT REPORT ALONG WITH THE COUNTY REVITALIZATION PLAN OR
1345-MODIFICATION TO A COUNTY REVITALIZATION PLAN TO EVERY MUNICIPALITY
1346-WITHIN ONE MILE OF THE COUNTY REVITALIZATION AREA
1347-. THE COUNTY
1348-REVITALIZATION IMPACT REPORT MUST INCLUDE
1349-, AT A MINIMUM, THE
1350-FOLLOWING INFORMATION CONCERNING THE IMPACT OF SUCH A COUNTY
1351-REVITALIZATION PLAN
1352-:
1353-(I) A
1354-N ESTIMATE OF THE IMPACT OF THE COUNTY REVITALIZATION
1355-PROJECT ON MUNICIPAL SERVICES AND INFRASTRUCTURE
1356-;
1357-(II) A
1358-N ESTIMATE OF THE COST AND EXTENT OF ADDITIONAL
1359-MUNICIPAL INFRASTRUCTURE AND SERVICES THAT ARE ANTICIPATED TO BE
1360-NEEDED TO SERVE DEVELOPMENT WITHIN THE PROPOSED COUNTY
1361-REVITALIZATION AREA
1362-, AND THE BENEFIT OF IMPROVEMENTS WITHIN THE
1363-COUNTY REVITALIZATION AREA TO EXISTING MUNICIPAL INFRASTRUCTURE
1364-;
1365-(III) A
1366- STATEMENT SETTING FORTH THE METHOD UNDER WHICH THE
1367-AUTHORITY OR THE COUNTY WILL FI NANCE
1368-, OR THAT AGREEMENTS ARE IN
1369-PLACE TO FINANCE
1370-, ANY ADDITIONAL MUNICIPAL INFRASTRUCTURE AND
1371-SERVICES TO SERVE DEVELOPMENT IN THE COUNTY REVITALIZATION AREA
1372-FOR THE DURATION OF THE COUNTY REVITALIZATION PROJECT
1373-; AND
1374-(IV) ANY OTHER ESTIMATED IMPACTS OF THE COUNTY
1375-PAGE 26-HOUSE BILL 24-1172 REVITALIZATION PROJECT.
1376-(b) T
1377-HE INADVERTENT FAILURE OF A COUNTY OR AN AUTHORITY TO
1378-SUBMIT A COUNTY REVITALIZATION PLAN
1379-, SUBSTANTIAL MODIFICATION TO
1380-A COUNTY REVITALIZATION PLAN
1381-, OR A COUNTY REVITALIZATION IMPACT
1382-REPORT
1383-, AS APPLICABLE, TO A MUNICIPALITY IN ACCORDANCE WITH THE
1384-REQUIREMENTS OF SUBSECTION
1385- (3)(a) OF THIS SECTION NEITHER CREATES A
1386-CAUSE OF ACTION IN FAVOR OF ANY PARTY NOR INVALIDATES ANY COUNTY
1387-REVITALIZATION PLAN OR SUBSTANTIAL MODIFICATION TO A COUNTY
1388-REVITALIZATION PLAN
1389-.
1390-(c) N
1391-OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION , A
1392-CITY AND COUNTY IS NOT REQUIRED TO SUBMIT AN URBAN RENEWAL IMPACT
1393-REPORT SATISFYING THE REQUIREMENTS OF SUBSECTION
1394- (3)(a) OF THIS
1395-SECTION
1396-.
1397-(4) U
1398-PON REQUEST OF THE COUNTY OR THE AUTHORITY , EACH
1399-MUNICIPALITY THAT IS ENTITLED TO RECEIVE A COPY OF A COUNTY
1400-REVITALIZATION PLAN OR A SUBSTANTIAL MODIFICATION TO A COUNTY
1401-REVITALIZATION PLAN SHALL PROVIDE AVAILABLE MUNICIPAL DATA AND
1402-PROJECTIONS TO THE COUNTY OR THE AUTHORITY TO ASSIST IN PREPARING
1403-A COUNTY REVITALIZATION IMPACT REPORT PURSUANT TO SUBSECTION
1404-(3)
1405-OF THIS SECTION.
1406-(5) (a) A
1407- GOVERNING BODY SHALL HOLD A PUBLIC HEARING ON THE
1408-COUNTY REVITALIZATION PLAN OR A SUBSTANTIAL MODIFICATION OF AN
1409-APPROVED COUNTY REVITALIZATION PLAN NO LESS THAN THIRTY DAYS
1410-AFTER GIVING PUBLIC NOTICE OF THE HEARING
1411-.
1412-(b) T
1413-HE NOTICE FOR THE PUBLIC HEARING MUST :
1414-(I) B
1415-E PUBLISHED BY THE GOVERNING BODY IN A NEWSPAPER HAVING
1416-A GENERAL CIRCULATION IN THE COUNTY
1417-;
1418-(II) D
1419-ESCRIBE THE TIME, DATE, PLACE, AND PURPOSE OF THE
1420-HEARING
1421-;
1422-(III) G
1423-ENERALLY IDENTIFY THE COUNTY REVITALIZATION AREA
1424-COVERED BY THE PLAN
1425-;
1426-PAGE 27-HOUSE BILL 24-1172 (IV) OUTLINE THE GENERAL SCOPE OF THE COUNTY REVITALIZATION
1427-PROJECT UNDER CONSIDERATION
1428-; AND
1429-(V) BE PROVIDED BY THE COUNTY TO EVERY MUNICIPALITY WITHIN
1430-THREE MILES OF THE AUTHORITY
1431-.
1432-(c) I
1433-F AN AUTHORITY INTENDS TO ACQUIRE PRIVATE PROPERTY BY
1434-EMINENT DOMAIN WITHIN THE COUNTY REVITALIZATION AREA THAT IS TO BE
1435-SUBSEQUENTLY TRANSFERRED TO A PRIVATE PARTY IN ACCORDANCE WITH
1436-THE REQUIREMENTS OF SECTION
1437-30-31-106 (2), THE GOVERNING BODY ,
1438-BEFORE COMMENCING THE ACQUISITION OF THE PROPERTY , SHALL HOLD A
1439-PUBLIC HEARING ON THE USE OF EMINENT DOMAIN AS A MEANS TO ACQUIRE
1440-THE PROPERTY
1441-. THE GOVERNING BODY SHALL ONLY HOLD THIS HEARING
1442-AFTER WRITTEN NOTICE OF THE TIME
1443-, DATE, PLACE, AND PURPOSE OF THE
1444-HEARING HAS BEEN PROVIDED TO EACH OWNER OF PROPERTY
1445-, AS PROPERTY
1446-IS DEFINED IN SECTION
1447-30-31-106 (4), THAT IS WITHIN THE COUNTY
1448-REVITALIZATION AREA AT LEAST THIRTY DAYS BEFORE THE DATE OF THE
1449-HEARING
1450-. IN ORDER TO AUTHORIZE THE USE OF EMINENT DOMAIN AS A
1451-MEANS TO ACQUIRE PROPERTY
1452-, A GOVERNING BODY SHALL BASE ITS
1453-AUTHORIZATION DECISION ON A FINDING OF REVITALIZATION AREA
1454-CONDITIONS WITHOUT REGARD TO THE ECONOMIC PERFORMANCE OF THE
1455-PROPERTY TO BE ACQUIRED
1456-.
1457-(d) A
1458-T THE HEARING HELD PURSUANT TO THE NOTICE DESCRIBED IN
1459-THIS SUBSECTION
1460-(5), THE GOVERNING BODY SHALL GRANT A FULL
1461-OPPORTUNITY TO BE HEARD TO ALL MUNICIPALITIES WITHIN THREE MILES OF
1462-THE AUTHORITY
1463-.
1464-(6) F
1465-OLLOWING THE HEARING DESCRIBED IN SUBSECTION (5) OF THIS
1466-SECTION
1467-, THE GOVERNING B ODY MAY APPROVE THE COUNTY
1468-REVITALIZATION PLAN IF THE GOVERNING BODY FINDS THAT
1469-:
1470-(a) A
1471- FEASIBLE METHOD EXISTS FOR THE RELOCATION OF
1472-INDIVIDUALS AND FAMILIES WHO WILL BE DISPLACED BY THE COUNTY
1473-REVITALIZATION PROJECT IN DECENT
1474-, SAFE, AND SANITARY DWELLING
1475-ACCOMMODATIONS WITHIN THEIR MEANS AND WITHOUT UNDUE HARDSHIP
1476-TO SUCH INDIVIDUALS AND FAMILIES
1477-;
1478-(b) A
1479- FEASIBLE METHOD EXISTS FOR THE RELOCATION OF BUSINESS
1480-CONCERNS THAT WILL BE DISPLACED BY THE COUNTY REVITALIZATION
1481-PAGE 28-HOUSE BILL 24-1172 PROJECT IN THE COUNTY REVITALIZATION AREA OR IN OTHER AREAS THAT
1482-ARE NOT GENERALLY LESS DESIRABLE WITH RESPECT TO PUBLIC UTILITIES
1483-AND PUBLIC AND COMMERCIAL FACILITIES
1484-;
1485-(c) T
1486-HE GOVERNING BODY HAS TAKEN REASONABLE EFFORTS TO
1487-PROVIDE WRITTEN NOTICE OF THE PUBLIC HEARING PRESCRIBED BY
1488-SUBSECTION
1489-(5) OF THIS SECTION TO ALL PROPERTY OWNERS , RESIDENTS,
1490-AND OWNERS OF BUSINESS CONCERNS IN THE PROPOSED COUNTY
1491-REVITALIZATION AREA AT THEIR LAST
1492--KNOWN ADDRESS OF RECORD AT
1493-LEAST THIRTY DAYS BEFORE SUCH HEARING
1494-. THE NOTICE MUST CONTAIN THE
1495-SAME INFORMATION AS REQUIRED FOR THE NOTICE DESCRIBED IN
1496-SUBSECTION
1497-(5) OF THIS SECTION.
1498-(d) N
1499-O MORE THAN ONE HUNDRED TWENTY DAYS HAVE PASSED
1500-SINCE THE COMMENCEMENT OF THE FIRST PUBLIC HEARING OF THE COUNTY
1501-REVITALIZATION PLAN PURSUANT TO SUBSECTION
1502-(5) OF THIS SECTION;
1503-(e) I
1504-F THE COUNTY REVITALIZATION PLAN CONTAINS PROPERTY THAT
1505-WAS INCLUDED IN A PREVIOUSLY SUBMITTED COUNTY REVITALIZATION PLAN
1506-THAT THE GOVERNING BODY FAILED TO APPROVE PURSUANT TO THIS
1507-SECTION
1508-, AT LEAST TWENTY -FOUR MONTHS HAVE PASSED SINCE THE
1509-COMMENCEMENT OF THE PRIOR PUBLIC HEARING CONCERNING SUCH
1510-PROPERTY HELD PURSUANT TO SUBSECTION
1511-(5) OF THIS SECTION, UNLESS
1512-SUBSTANTIAL CHANGES HAVE OCCURRED SINCE THE COMMENCEMENT OF
1513-THE HEARING THAT RESULTED IN A DETERMINATION THAT SUCH PROPERTY
1514-CONSTITUTED A REVITALIZATION AREA PURSUANT TO SECTION
1515-30-31-103
1516-(14);
1517-(f) T
1518-HE COUNTY REVITALIZATION PLAN CONFORMS TO THE GENERAL
1519-PLAN OF THE COUNTY AS A WHOLE AND CONSIDERS APPLICABLE MUNICIPAL
1520-PLANS FOR THE DEVELOPMENT OF UNINCORPORATED TERRITORY
1521-, IF THE
1522-COUNTY REVITALIZATION PLAN INCLUDES PROPERTY THAT IS INCLUDED
1523-WITHIN A MUNICIPAL PLAN ADOPTED PURS UANT TO SECTION
1524- 31-12-105
1525-(1)(e)(I)
1526-OR SECTION 31-23-212;
1527-(g) T
1528-HE COUNTY REVITALIZATION PLAN WILL AFFORD MAXIMUM
1529-OPPORTUNITY
1530-, CONSISTENT WITH THE SOUND NEEDS OF THE C OUNTY AS A
1531-WHOLE
1532-, FOR THE REHABILITATION OR REDEVELOPMENT OF THE COUNTY
1533-REVITALIZATION AREA BY PRIVATE ENTERPRISE
1534-;
1535-PAGE 29-HOUSE BILL 24-1172 (h) THE AUTHORITY OR THE COUNTY WILL ADEQUATELY FI NANCE , OR
1536-THAT AGREEMENTS ARE IN PLACE TO FINANCE
1537-, ANY ADDITIONAL COUNTY
1538-AND MUNICIPAL INFRASTRUCTURE AND SERVICES REQUIRED TO SERVE
1539-DEVELOPMENT WITHIN THE COUNTY REVITALIZATION AREA FOR THE PERIOD
1540-IN WHICH ALL OR ANY PORTION OF THE PROPERTY TAXES DESCRIBED IN
1541-SUBSECTION
1542- (13)(a)(II) OF THIS SECTION AND LEVIED BY THE COUNTY ARE
1543-PAID TO THE AUTHORITY
1544-;
1545-(i) T
1546-HE ADOPTION OF THE PLAN WILL NOT CREATE AN UNDUE BURDEN
1547-ON ANY MUNICIPALITY THAT PROVIDES MUNICIPAL SERVICES OR THAT OWNS
1548-,
1549-CONTROLS, OR MAINTAINS ANY INFRASTRUCTURE OR FACILITIES THAT ARE
1550-IMPACTED BY THE ADOPTION OF THE PLAN
1551-, EXCLUDING ANY BURDEN THAT
1552-HAS NOT BEEN ADDRESSED PURSUANT TO SUBSECTION
1553- (6)(h) OF THIS
1554-SECTION
1555-; AND
1556-(j) NO PROPERTY IS INCLUDED IN THE COUNTY REVITALIZATION PLAN
1557-THAT IS SUBJECT TO A PENDING ANNEXATION AGREEMENT OR FOR WHICH
1558-ANNEXATION PROCEEDINGS HAVE BEEN COMMENCED WITHIN THE PAST
1559-THREE YEARS
1560-.
1561-(7) I
1562-N ADDITION TO THE FINDINGS OTHERWISE REQUIRED OF THE
1563-GOVERNING BODY PURSUANT TO SUBSECTION
1564-(6) OF THIS SECTION, IF THE
1565-COUNTY REVITALIZATION PLAN SEEKS THE ACQUISITION OF PRIVATE
1566-PROPERTY BY EMINENT DOMAIN FOR SUBSEQUENT TRANSFER TO A PRIVATE
1567-PARTY PURSUANT TO SECTION
1568-30-31-106 (2), THE GOVERNING BODY MAY
1569-APPROVE THE COUNTY REVITALIZATION PLAN WHERE IT FINDS
1570-, IN
1571-CONNECTION WITH A HEARING SATISFYING THE REQUIREMENTS OF
1572-SUBSECTION
1573-(5) OF THIS SECTION, THAT THE COUNTY REVITALIZATION PLAN
1574-HAS MET THE REQUIREMENTS OF SECTION
1575-30-31-106 (2) AND THAT THE
1576-PRINCIPAL PUBLIC PURPOSE FOR ADOPTING THE COUNTY REVITALIZATION
1577-PLAN IS TO FACILITATE REDEVELOPMENT IN ORDER TO TAKE ADVANTAGE OF
1578-REVITALIZATION AREAS
1579-.
1580-(8) I
1581-F THE COUNTY REVITALIZATION AREA CONSISTS OF AN AREA OF
1582-OPEN LAND WHICH
1583-, UNDER THE COUNTY REVITALIZATION PLAN , IS TO BE
1584-DEVELOPED FOR RESIDENTIAL USES
1585-, THE GOVERNING BODY MUST FIRST HAVE
1586-DETERMINED THAT
1587-:
1588-(a) A
1589- SHORTAGE OF HOUSING OF S OUND STANDARDS AND DESIGN
1590-WHICH IS DECENT
1591-, SAFE, AND SANITARY EXISTS IN THE COUNTY;
1592-PAGE 30-HOUSE BILL 24-1172 (b) THE NEED FOR HOUSING ACCOMMODATIONS HAS BEEN OR WILL
1593-BE INCREASED AS A RESULT OF TAKING ADVANTAGE OF REVITALIZATION
1594-AREAS
1595-;
1596-(c) T
1597-HE OPPORTUNITY FACTORS IN THE COUNTY REVITALIZATION
1598-AREA AND THE SHORTAGE OF ATTAINABLE HOUSING CREATE A RISK TO THE
1599-PUBLIC HEALTH AND SAFETY
1600-; AND
1601-(d) THE ACQUISITION OF THE AREA FOR RESIDENTIAL USES IS AN
1602-INTEGRAL PART OF AND ESSENTIAL TO THE PROGRAM OF THE COUNTY
1603-.
1604-(9) I
1605-F THE COUNTY REVITALIZATION AREA CONSISTS OF AN AREA OF
1606-OPEN LAND WHICH
1607-, UNDER THE COUNTY REVITALIZATION PLAN , IS TO BE
1608-DEVELOPED FOR NONRESIDENTIAL USES
1609-, THE LOCAL GOVERNING BODY MUST
1610-FIRST HAVE DETERMINED THAT
1611-:
1612-(a) S
1613-UCH NONRESIDENTIAL USES ARE NECESSARY AND APPROPRIATE
1614-TO FACILITATE THE PROPER GROWTH AND DEVELOPMENT OF THE
1615-COMMUNITY IN ACCORDANCE WITH SOUND PLANNING STANDARDS AND
1616-LOCAL COMMUNITY OBJECTIVES
1617-; AND
1618-(b) THE CONTEMPLATED ACQUISITION OF THE AREA MAY REQUIRE
1619-THE EXERCISE OF GOVERNMENTAL ACTION
1620-, AS PROVIDED IN THIS ARTICLE 31,
1621-BECAUSE OF BEING IN A REVITALIZATION AREA .
1622-(10) (a) T
1623-HE COUNTY REVITALIZATION PLAN MAY BE MODIFIED AT
1624-ANY TIME
1625-; BUT, IF THE COUNTY REVITALIZATION PLAN IS MODIFIED AFTER
1626-THE LEASE OR SALE BY THE AUTHORITY OF REAL PROPERTY IN THE COUNTY
1627-REVITALIZATION PROJECT AREA
1628-, THE MODIFICATION IS SUBJECT TO SUCH
1629-RIGHTS AT LAW OR IN EQUITY AS A LESSEE OR PURCHASER OR THE
1630-PURCHASER
1631-'S SUCCESSOR IN INTEREST MAY BE ENTITLED TO ASSERT . IF THE
1632-MODIFICATION TO A COUNTY REVITALIZATION PLAN WILL SUBSTANTIALLY
1633-CHANGE PROVISIONS OF THE COUNTY REVITALIZATION PLAN REGARDING
1634-LAND AREA
1635-, LAND USE, AUTHORIZATION TO COLLECT INCREMENTAL TAX
1636-REVENUE
1637-, THE EXTENT OF THE USE OF TAX INCREMENT FINANCING , THE
1638-SCOPE OR NATURE OF THE COUNTY REVITALIZATION PROJECT
1639-, THE SCOPE OR
1640-METHOD OF FINANCING
1641-, DESIGN, BUILDING REQUIREMENTS, TIMING, OR
1642-PROCEDURE
1643-, AS PREVIOUSLY APPROVED, OR WHERE THE MODIFICATION WILL
1644-SUBSTANTIALLY CLARIFY A PLAN THAT
1645-, WHEN APPROVED, WAS LACKING IN
1646-SPECIFICITY AS TO THE COUNTY REVITALIZATION PROJECT OR FINANCING
1647-,
1648-PAGE 31-HOUSE BILL 24-1172 THEN THE MODIFICATION IS A SUBSTANTIAL MODIFICATION TO THE COUNTY
1649-REVITALIZATION PLAN AND SUBJECT TO ALL OF THE REQUIREMENTS OF THIS
1650-SECTION
1651-.
1652-(b) A
1653-NY PROPOSED COUNTY REVITALIZATION PLAN MODIFICATION
1654-MUST BE SUBMITTED TO THE GOVERNING BODY FOR APPROVAL
1655-.
1656-(c) N
1657-OT LESS THAN THIRTY DAYS BEFORE APPROVING ANY
1658-MODIFICATION OF THE COUNTY REVITALIZATION PLAN
1659-, THE GOVERNING
1660-BODY OR AUTHORITY SHALL PROVIDE A DETAILED WRITTEN DESCRIPTION OF
1661-THE PROPOSED MODIFICATION TO EACH TAXING ENTITY THAT LEVIES TAXES
1662-ON PROPERTY LOCATED WITHIN THE COUNTY REVITALIZATION AREA AND TO
1663-EACH MUNICIPALITY WITHIN THREE MILES OF THE COUNTY REVITALIZATION
1664-AREA ALONG WITH A NOTICE OF THE DATE AND TIME OF THE MEETING AT
1665-WHICH THE GOVERNING BODY WILL CONSIDER THE MODIFICATION
1666-.
1667-(d) I
1668-F THE COUNTY REVITALIZATION PLAN IS MODIFIED AFTER THE
1669-LEASE OR SALE BY THE AUTHORITY OF REAL PROPERTY IN THE COUNTY
1670-REVITALIZATION PROJECT AREA
1671-, THAT MODIFICATION IS SUBJECT TO SUCH
1672-RIGHTS AT LAW OR IN EQUITY AS A LESSEE OR PURCHASER OR THEIR
1673-SUCCESSOR IN INTEREST MAY BE ENTITLED TO ASSERT
1674-.
1675-(e) T
1676-HE COUNTY REVITALIZATION PLAN MODIFICATION IS
1677-SUBSTANTIAL AND SUBJECT TO ALL OF THE REQUIREMENTS OF THIS SECTION
1678-IF THE MODIFICATION WILL SUBSTANTIALLY
1679-:
1680-(I) C
1681-HANGE PROVISIONS OF THE COUNTY REVITALIZATION PLAN
1682-REGARDING THE FOLLOWING AS PREVIOUSLY APPROVED
1683-:
1684-(A) L
1685-AND AREA;
1686-(B) L
1687-AND USE;
1688-(C) A
1689-UTHORIZATION TO COLLECT INCREMENTAL TAX REVENUE ;
1690-(D) T
1691-HE EXTENT OF THE USE OF TAX INCREMENT FINANCING ;
1692-(E) T
1693-HE SCOPE OR NATURE OF THE COUNTY REVITALIZATION
1694-PROJECT
1695-;
1696-PAGE 32-HOUSE BILL 24-1172 (F) THE SCOPE OR METHOD OF FINANCING ;
1697-(G) D
1698-ESIGN;
1699-(H) B
1700-UILDING REQUIREMENTS; OR
1701-(I) TIMING OR PROCEDURE; OR
1702-(II) CLARIFY A PLAN THAT, WHEN APPROVED, WAS LACKING IN
1703-SPECIFICITY AS TO THE COUNTY REVITALIZATION PROJECT OR FINANCING
1704-.
1705-(f) A
1706-NY TAXING ENTITY THAT LEVIES TAXES ON PROPERTY LOCATED
1707-WITHIN THE COUNTY REVITALIZATION AREA AND ANY MUNICIPALITY WITH
1708-TERRITORY WITHIN THREE MILES OF THE COUNTY REVITALIZATION AREA
1709-MAY FILE AN ACTION IN A STATE DISTRICT COURT EXERCISING JURISDICTION
1710-OVER THE COUNTY IN WHICH THE COUNTY REVITALIZATION AREA IS
1711-LOCATED FOR AN ORDER DETERMINING
1712-, UNDER A DE NOVO STANDARD OF
1713-REVIEW
1714-, WHETHER THE MODIFICATION IS A SUBSTANTIAL MODIFICATION . IF
1715-REQUESTED BY THE TAXING ENTITY OR MUNICIPALITY
1716-, THE COURT SHALL
1717-ENJOIN ANY ACTION BY THE AUTHORITY PURSUANT TO THE MODIFICATION
1718-UNTIL THE COURT HAS DETERMINED WHETHER THE MODIFICATION IS A
1719-SUBSTANTIAL MODIFICATION AND
1720-, IF THE COURT MAKES SUCH A
1721-DETERMINATION
1722-, THE COURT SHALL FURTHER ENJOIN ANY ACTION BY THE
1723-AUTHORITY PURSUANT TO THE MODIFICATION UNTIL THE AUTHORITY
1724-COMPLIES WITH SUBSECTION
1725-(8) OF THIS SECTION.
1726-(11) (a) N
1727-O ACTION MAY BE BROUGHT TO ENJOIN ANY ACTIVITY OF
1728-THE AUTHORITY PURSUANT TO THE COUNTY REVITALIZATION PLAN
1729-,
1730-INCLUDING THE ISSUANCE OF BONDS, THE INCURRENCE OF OTHER FINANCIAL
1731-OBLIGATIONS
1732-, OR THE PLEDGE OF REVENUE , UNLESS THE ACTION IS
1733-COMMENCED WITHIN FORTY
1734--FIVE DAYS AFTER THE DATE ON WHICH THE
1735-AUTHORITY PROVIDED NOTICE OF ITS INTENTION REGARDING THE
1736-UNDERTAKING OR ACTIVITY
1737-.
1738-(b) (I) T
1739-HE NOTICE REQUIRED BY SUBSECTION (11)(a) OF THIS
1740-SECTION MUST
1741-:
1742-(A) D
1743-ESCRIBE THE UNDERTAKING OR ACTIVITY PROPOSED BY THE
1744-AUTHORITY AND SPECIFY THAT ANY ACTION TO ENJOIN THE UNDERTAKING
1745-OR ACTIVITY MUST BE BROUGHT WITHIN FORTY
1746--FIVE DAYS FROM THE DATE
1747-PAGE 33-HOUSE BILL 24-1172 OF THE NOTICE; AND
1748-(B) BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE
1749-COUNTY
1750-.
1751-(II) O
1752-N OR BEFORE THE DATE OF PUBLICATION OF THE NOTICE OF
1753-INTENTION REQUIRED BY SUBSECTION
1754- (11)(a) OF THIS SECTION, THE
1755-AUTHORITY SHALL ALSO MAIL A COPY OF THE NOTICE TO EACH TAXING
1756-ENTITY THAT LEVIES TAXES ON PROPERTY WITHIN THE COUNTY
1757-REVITALIZATION AREA AND TO EACH MUNICIPALITY WITHIN THREE MILES OF
1758-THE COUNTY REVITALIZATION AREA
1759-.
1760-(12) U
1761-PON THE APPROVAL BY THE GOVERNING BODY OF THE COUNTY
1762-REVITALIZATION PLAN OR A SUBSTANTIAL MODIFICATION TO THE COUNTY
1763-REVITALIZATION PLAN
1764-, THE PROVISIONS OF THAT PLAN ARE CONTROLLING
1765-WITH RESPECT TO THE LAND AREA
1766-, LAND USE, DESIGN, BUILDING
1767-REQUIREMENTS
1768-, TIMING, OR PROCEDURE APPLICABLE TO THE PROPERTY
1769-COVERED BY THAT PLAN
1770-, EXCEPT TO THE EXTENT INCONSISTENT WITH THE
1771-LAWS OF A MUNICIPALITY FOLLOWING ANNEXATION OF SUCH PROPERTY
1772-.
1773-(13) (a) N
1774-OTWITHSTANDING ANY LAW TO THE CONTRARY , ANY
1775-COUNTY REVITALIZATION PLAN
1776-, AS ORIGINALLY APPROVED OR AS LATER
1777-MODIFIED PURSUANT TO THIS ARTICLE
1778-31, MAY CONTAIN A PROVISION THAT
1779-THE PROPERTY TAXES OF SPECIFICALLY DESIGNATED PUBLIC BODIES THAT
1780-HAVE JOINED THE AUTHORITY PURSUANT TO SECTION
1781-30-31-104 (6), IF ANY,
1782-LEVIED AFTER THE EFFECTIVE DATE OF THE APPROVAL OF SUCH COUNTY
1783-REVITALIZATION PLAN UPON TAXABLE PROPERTY IN THE COUNTY
1784-REVITALIZATION AREA EACH YEAR OR THAT COUNTY SALES TAXES
1785-COLLECTED WITHIN SAID AREA
1786-, OR BOTH SUCH TAXES, BY OR FOR THE
1787-BENEFIT OF THE DESIGNATED PUBLIC BODY MUST BE DIVIDED FOR A PERIOD
1788-NOT TO EXCEED THIRTY YEARS AFTER THE EFFECTIVE DATE OF ADOPTION OF
1789-SUCH A PROVISION
1790-, AS FOLLOWS:
1791-(I) T
1792-HAT PORTION OF THE TAXES PRODUCED BY THE LEVY AT THE
1793-RATE FIXED EACH YEAR BY OR FOR EACH SUCH PUBLIC BODY UPON THE
1794-VALUATION FOR ASSESSMENT OF TAXABLE PROPERTY IN THE COUNTY
1795-REVITALIZATION AREA LAST CERTIFIED BEFORE THE EFFECTIVE DATE OF
1796-APPROVAL OF THE COUNTY REVITALIZATION PLAN OR
1797-, AS TO AN AREA LATER
1798-ADDED TO THE COUNTY REVITALIZATION AREA
1799-, THE EFFECTIVE DATE OF THE
1800-MODIFICATION OF THE PLAN
1801-, OR THAT PORTION OF COUNTY SALES TAXES
1802-PAGE 34-HOUSE BILL 24-1172 COLLECTED WITHIN THE BOUNDARIES OF SAID COUNTY REVITALIZATION
1803-AREA IN THE TWELVE
1804--MONTH PERIOD ENDING ON THE LAST DAY OF THE
1805-MONTH BEFORE THE EFFECTIVE DATE OF APPROVAL OF SAID PLAN
1806-, OR BOTH
1807-SUCH PORTIONS
1808-, MUST BE PAID INTO THE FUNDS OF EACH SUCH PUBLIC BODY
1809-AS ARE ALL OTHER TAXES COLLECTED BY OR FOR THE PUBLIC BODY
1810-.
1811-(II) T
1812-HAT PORTION OF THE PROPERTY TAXES OR ALL OR ANY PORTION
1813-OF THE SALES TAXES
1814-, OR BOTH, IN EXCESS OF THE AMOUNT OF PROPERTY
1815-TAXES OR SALES TAXES PAID INTO THE FUNDS OF EACH SUCH PUBLIC BODY
1816-IN ACCORDANCE WITH THE REQUIREMENTS OF SUBSECTION
1817- (13)(a)(I) OF THIS
1818-SECTION MUST BE ALLOCATED TO AND
1819-, WHEN COLLECTED, PAID INTO A
1820-SPECIAL FUND OF THE AUTHORITY TO PAY THE PRINCIPAL OF
1821-, THE INTEREST
1822-ON
1823-, AND ANY PREMIUMS DUE IN CONNECTION WITH THE BONDS OF , LOANS OR
1824-ADVANCES TO
1825-, OR INDEBTEDNESS INCURRED BY , WHETHER FUNDED ,
1826-REFUNDED, ASSUMED, OR OTHERWISE, THE AUTHORITY FOR FINANCING OR
1827-REFINANCING
1828-, IN WHOLE OR IN PART, THE COUNTY REVITALIZATION PROJECT,
1829-TO MAKE PAYMENTS UNDER AN AGREEMENT EXECUTED PURSUANT TO THIS
1830-SECTION
1831-, OR FOR ANY OTHER PURPOSES AUTHORIZED BY THIS ARTICLE 31.
1832-A
1833-NY EXCESS COUNTY SALES TAX OR PROPERTY TAX COLLECTIONS NOT
1834-ALLOCATED PURSUANT TO THIS SUBSECTION
1835- (13)(a)(II) MUST BE PAID INTO
1836-THE FUNDS OF THE COUNTY OR OTHER TAXING ENTITY
1837-, AS APPLICABLE.
1838-U
1839-NLESS AND UNTIL THE TOTAL VALUATION FOR ASSESSMENT OF THE
1840-TAXABLE PROPERTY IN THE COUNTY REVITALIZATION AREA EXCEEDS THE
1841-BASE VALUATION FOR ASSESSMENT OF THE TAXABLE PROPERTY IN THE
1842-COUNTY REVITALIZATION AREA
1843-, AS PROVIDED IN SUBSECTION (13)(a)(I) OF
1844-THIS SECTION
1845-, ALL OF THE TAXES LEVIED UPON THE TAXABLE PROPERTY IN
1846-SUCH COUNTY REVITALIZATION AREA MUST BE PAID INTO THE FUNDS OF THE
1847-RESPECTIVE PUBLIC BODIES
1848-. UNLESS AND UNTIL THE TOTAL COUNTY SALES
1849-TAX COLLECTIONS IN THE COUNTY REVITALIZATION AREA EXCEED THE BASE
1850-YEAR COUNTY SALES TAX COLLECTIONS IN SUCH COUNTY REVITALIZATION
1851-AREA
1852-, AS PROVIDED IN SUBSECTION (13)(a)(I) OF THIS SECTION, ALL SUCH
1853-SALES TAX COLLECTIONS MUST BE PAID INTO THE FUNDS OF THE COUNTY
1854-.
1855-W
1856-HEN SUCH BONDS, LOANS, ADVANCES, AND INDEBTEDNESS, IF ANY,
1857-INCLUDING INTEREST THEREON AND ANY PREMIUMS DUE IN C ONNECTION
1858-THEREWITH
1859-, HAVE BEEN PAID, ALL TAXES UPON THE TAXABLE PROPERTY OR
1860-THE TOTAL COUNTY SALES TAX COLLECTIONS
1861-, OR BOTH, IN THE COUNTY
1862-REVITALIZATION AREA MUST BE PAID INTO THE FUNDS OF THE RESPECTIVE
1863-PUBLIC BODIES
1864-, AND ALL MONEY REMAINING IN THE SPECIAL FUND
1865-ESTABLISHED PURSUANT TO THIS SUBSECTION
1866- (13)(a)(II) THAT HAS NOT
1867-PREVIOUSLY BEEN REBATED AND THAT ORIGINATED AS PROPERTY TAX
1868-PAGE 35-HOUSE BILL 24-1172 INCREMENT GENERATED BASED ON THE MILL LEVY OF A TAXING ENTITY ,
1869-OTHER THAN THE COUNTY , WITHIN THE BOUNDARIES OF THE COUNTY
1870-REVITALIZATION AREA MUST BE REPAID TO EACH TAXING ENTITY BASED ON
1871-THE PRO RATA SHARE OF THE PRIOR YEAR
1872-'S PROPERTY TAX INCREMENT
1873-ATTRIBUTABLE TO EACH TAXING ENTITY
1874-'S CURRENT MILL LEVY IN WHICH
1875-PROPERTY TAXES WERE DIVIDED PURSUANT TO THIS SUBSECTION
1876-(13). ANY
1877-MONEY REMAINING IN THE SPECIAL FUND NOT GENERATED BY PROPERTY TAX
1878-INCREMENT IS EXCLUDED FROM ANY SUCH REPAYMENT REQUIREMENT
1879-.
1880-N
1881-OTWITHSTANDING ANY OTHER PROVISION OF LAW , ANY ADDITIONAL
1882-REVENUES RESULTING BECAUSE THE VOTERS HAVE AUTHORIZED THE
1883-MUNICIPALITY
1884-, COUNTY, OR SPECIAL DISTRICT TO RETAIN AND SPEND SAID
1885-REVENUES PURSUANT TO SECTION
1886- 20 (7)(d) OF ARTICLE X OF THE STATE
1887-CONSTITUTION SUBSEQUENT TO THE CREATION OF THE SPECIAL FUND
1888-PURSUANT TO THIS SUBSECTION
1889- (13)(a)(II) OR AS A RESULT OF AN INCREASE
1890-IN THE PROPERTY TAX MILL LEVY APPROVED BY THE VOTERS OF THE
1891-MUNICIPALITY
1892-, COUNTY, OR SPECIAL DISTRICT SUBSEQUENT TO THE
1893-CREATION OF THE SPECIAL FUND
1894-, TO THE EXTENT THE TOTAL MILL LEVY OF
1895-THE MUNICIPALITY
1896-, COUNTY, OR SPECIAL DISTRICT EXCEEDS THE RESPECTIVE
1897-MILL LEVY IN EFFECT AT THE TIME OF APPROVAL OR SUBSTANTIAL
1898-MODIFICATION OF THE COUNTY REVITALIZATION PLAN
1899-, MUST NOT BE
1900-PLEDGED BY AN AUTHORITY FOR THE PAYMENT OF ANY BONDS OF
1901-, ANY
1902-LOANS OR ADVANCES TO
1903-, OR ANY INDEBTEDNESS INCURRED BY THE
1904-AUTHORITY WITHOUT THE CONSENT OF THE RELEVANT MUNICIPALITY
1905-,
1906-COUNTY, OR SPECIAL DISTRICT. TO THE EXTENT THE AUTHORITY HAS
1907-RECEIVED THE NOTIFICATION SPECIFIED IN THIS SUBSECTION
1908- (13)(a)(II),
1909-SUCH ADDITIONAL REVENUES MUST THEN BE PROMPTLY REPAID BY THE
1910-AUTHORITY TO THE COUNTY OR OTHER TAXING ENTITY
1911-. THE AUTHORITY
1912-MUST BE NOTIFIED OF THE AMOUNT OF ADDITIONAL REVENUES AND THE
1913-CALCULATIONS USED IN COMPUTING THE AMOUNT BY THE APPLICABLE
1914-COUNTY OR OTHER TAXING ENTITY BEFORE MAKING REPAYMENT AND
1915-, IN
1916-ANY EVENT
1917-, NOT LATER THAN FEBRUARY 1 OF EACH FISCAL YEAR
1918-FOLLOWING THE YEAR IN WHICH A VOTER
1919--APPROVED REVENUE INCREASE
1920-HAS TAKEN EFFECT
1921-. THE AUTHORITY AND COUNTY OR ANY OTHER TAXING
1922-ENTITY MAY NEGOTIATE FOR THE PURPOSE OF ENTERING INTO AN
1923-AGREEMENT ON THE ISSUES OF THE AMOUNT OF REPAYMENT
1924-, THE
1925-MECHANICS OF HOW REPAYMENT OF THE ADDITIONAL REVENUES WILL BE
1926-ACCOMPLISHED
1927-, A METHOD FOR RESOLVING DISPUTES REGARDING THE
1928-AMOUNT OF REPAYMENT
1929-, AND WHETHER THE COUNTY OR TAXING ENTITY
1930-WILL WAIVE THE REPAYMENT REQUIREMENT
1931-, SINGULARLY OR IN
1932-COMBINATION
1933-, AND MAY ENTER INTO AN INTERGOVERNMENTAL AGREEMENT
1934-PAGE 36-HOUSE BILL 24-1172 REGARDING ANY OF THESE ISSUES.
1935-(III) I
1936-N CALCULATING AND MAKING PAYMENTS AS DESCRIBED IN
1937-SUBSECTION
1938- (13)(a)(II) OF THIS SECTION, THE COUNTY TREASURER MAY
1939-OFFSET THE AUTHORITY
1940-'S PRO RATA PORTION OF ANY PROPERTY TAXES THAT
1941-ARE PAID TO THE AUTHORITY UNDER THE TERMS OF SUBSECTION
1942- (13)(a)(II)
1943-OF THIS SECTION AND THAT ARE SUBSEQUENTLY REFUNDED TO THE
1944-TAXPAYER AGAINST ANY SUBSEQUENT PAYMENTS DUE TO THE AUTHORITY
1945-FOR THE COUNTY REVITALIZATION PROJECT
1946-. THE AUTHORITY SHALL MAKE
1947-ADEQUATE PROVISION FOR THE RETURN OF OVERPAYMENTS IN THE EVENT
1948-THAT THERE ARE NOT SUFFICIENT PROPERTY TAXES DUE TO THE AUTHORITY
1949-TO OFFSET THE AUTHORITY
1950-'S PRO RATA PORTION OF THE REFUNDS . THE
1951-PROVISIONS OF THIS SUBSECTION
1952- (13)(a)(III) DO NOT APPLY TO A CITY AND
1953-COUNTY
1954-.
1955-(IV) N
1956-O PROPERTY WITHIN A REVITALIZATION AREA PURSUANT TO
1957-WHICH ANY BONDS OF
1958-, LOANS OR ADVANCES TO , OR INDEBTEDNESS
1959-INCURRED BY AN AUTHORITY PURSUANT TO SUBSECTION
1960- (13)(a)(II) OF THIS
1961-SECTION ARE OUTSTANDING MAY BE INCLUDED WITHIN AN URBAN RENEWAL
1962-AREA OR ANY OTHER PROPERTY TAX INCREMENT AREA UNLESS THE
1963-AUTHORITY ENTERS INTO AN AGREEMENT THAT PROVIDES FOR EITHER THE
1964-ASSUMPTION OR THE DEFEASANCE OF ALL SUCH BONDS
1965-, LOANS, ADVANCES,
1966-OR INDEBTEDNESS.
1967-(V) A
1968- COUNTY REVITALIZATION PLAN SHALL NOT BE AFFECTED BY
1969-THE ANNEXATION OF ANY PROPERTY IN THE COUNTY REVITALIZATION AREA
1970-.
1971-(b) T
1972-HE PORTION OF TAXES DESCRIBED IN SUBSECTION (13)(a)(II) OF
1973-THIS SECTION MAY BE IRREVOCABLY PLEDGED BY THE AUTHORITY FOR THE
1974-PAYMENT OF THE PRINCIPAL OF
1975-, THE INTEREST ON, AND ANY PREMIUMS DUE
1976-IN CONNECTION WITH SUCH BONDS
1977-, LOANS, ADVANCES, AND INDEBTEDNESS.
1978-T
1979-HIS IRREVOCABLE PLEDGE DOES NOT EXTEND TO ANY TAXES THAT ARE
1980-PLACED IN A RESERVE FUND TO BE RETURNED TO THE COUNTY FOR REFUNDS
1981-OF OVERPAYMENTS BY TAXPAYERS
1982-; EXCEPT THAT THIS LIMITATION ON THE
1983-EXTENSION OF THE IRREVOCABLE PLEDGE DOES NOT APPLY TO A CITY AND
1984-COUNTY
1985-.
1986-(c) A
1987-S USED IN THIS SUBSECTION (13), "TAXES" INCLUDES, WITHOUT
1988-LIMITATION
1989-, ALL LEVIES AUTHORIZED TO BE MADE ON AN AD VALOREM BASIS
1990-UPON REAL AND PERSONAL PROPERTY OR COUNTY SALES TAXES
1991-; BUT
1992-PAGE 37-HOUSE BILL 24-1172 NOTHING IN THIS SUBSECTION (13) REQUIRES ANY PUBLIC BODY TO LEVY
1993-TAXES
1994-.
1995-(d) I
1996-F THE COUNTY REVITALIZATION AREA INCLUDES SINGLE - AND
1997-MULTI
1998--FAMILY RESIDENCES, A SCHOOL DISTRICT WHICH INCLUDES ALL OR
1999-ANY PART OF THE COUNTY REVITALIZATION AREA MUST BE PERMITTED TO
2000-PARTICIPATE IN AN ADVISORY CAPACITY WITH RESPECT TO THE INCLUSION
2001-IN THE COUNTY REVITALIZATION PLAN OF THE PROVISION PROVIDED FOR BY
2002-THIS SUBSECTION
2003-(13).
2004-(e) I
2005-F THERE IS A GENERAL REASSESSMENT OF TAXABLE PROPERTY
2006-VALUATIONS IN ANY COUNTY INCLUDING ALL OR PART OF THE COUNTY
2007-REVITALIZATION AREA SUBJECT TO DIVISION OF VALUATION FOR
2008-ASSESSMENT UNDER SUBSECTION
2009- (13)(a) OF THIS SECTION OR A CHANGE IN
2010-THE SALES TAX RATE LEVIED IN ANY COUNTY INCLUDING ALL OR PART OF
2011-THE COUNTY REVITALIZATION AREA SUBJECT TO DIVISION OF SALES TAXES
2012-UNDER SUBSECTION
2013- (13)(a) OF THIS SECTION, THE PORTIONS OF VALUATIONS
2014-FOR ASSESSMENT OR SALES TAXES UNDER SUBSECTIONS
2015- (13)(a)(I) AND
2016-(13)(a)(II) OF THIS SECTION MUST BE PROPORTIONATELY ADJUSTED IN
2017-ACCORDANCE WITH THE REASSESSMENT OR CHANGE
2018-.
2019-(f) N
2020-OTWITHSTANDING THE THIRTY-YEAR PERIOD OF LIMITATION SET
2021-FORTH IN SUBSECTION
2022- (13)(a) OF THIS SECTION, ANY COUNTY
2023-REVITALIZATION PLAN
2024-, AS ORIGINALLY APPROVED OR AS LATER MODIFIED
2025-PURSUANT TO THIS ARTICLE
2026-31, MAY CONTAIN A PROVISION THAT THE
2027-COUNTY SALES TAXES COLLECTED IN THE COUNTY REVITALIZATION AREA
2028-EACH YEAR OR THE COUNTY PORTION OF TAXES LEVIED UPON TAXABLE
2029-PROPERTY WITHIN THE AREA
2030-, OR BOTH SUCH TAXES, MAY BE ALLOCATED AS
2031-DESCRIBED IN THIS SUBSECTION
2032-(13) FOR A PERIOD IN EXCESS OF THIRTY
2033-YEARS AFTER THE EFFECTIVE DATE OF THE ADOPTION OF THE PROVISION IF
2034-THE EXISTING BONDS ARE IN DEFAULT OR ABOUT TO GO INTO DEFAULT
2035-;
2036-EXCEPT THAT THE TAXES MAY NOT BE ALLOCATED AFTER ALL BONDS OF THE
2037-AUTHORITY ISSUED PURSUANT TO SUCH PLAN INCLUDING L OANS
2038-, ADVANCES,
2039-AND INDEBTEDNESS, IF ANY, AND INTEREST THEREON, AND ANY PREMIUMS
2040-DUE IN CONNECTION THEREWITH HAVE BEEN REPAID
2041-.
2042-(g) N
2043-OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION , IF
2044-ONE OR MORE OF THE CONDITIONS SPECIFIED IN SUBSECTION
2045- (1)(c)(II) OF
2046-THIS SECTION HAVE BEEN SATISFIED SO THAT AGRICULTURAL LAND IS
2047-INCLUDED WITHIN THE COUNTY REVITALIZATION AREA
2048-, THE COUNTY
2049-PAGE 38-HOUSE BILL 24-1172 ASSESSOR SHALL VALUE THE AGRICULTURAL LAND AT ITS FAIR MARKET
2050-VALUE IN MAKING THE CALCULATION OF THE TAXES TO BE PAID TO THE
2051-PUBLIC BODIES PURSUANT TO SUBSECTION
2052- (13)(a)(I) OF THIS SECTION
2053-SOLELY FOR THE PURPOSE OF DETERMINING THE TAX INCREMENT AVAILABLE
2054-PURSUANT TO SUBSECTION
2055- (13)(a)(II) OF THIS SECTION. NOTHING IN THIS
2056-SECTION AFFECTS THE ACTUAL OR REQUIRED CLASSIFICATION OF
2057-AGRICULTURAL LAND FOR PROPERTY TAX PURPOSES
2058-, AND NOTHING IN THIS
2059-SECTION AFFECTS THE TAXES ACTUALLY TO BE PAID TO THE PUBLIC BODIES
2060-PURSUANT TO SUBSECTION
2061- (13)(a)(I) OF THIS SECTION, WHICH MUST
2062-CONTINUE TO BE BASED ON THE AGRICULTURAL CLASSIFICATION OF SUCH
2063-LAND UNLESS AND UNTIL IT HAS BEEN RECLASSIFIED IN THE NORMAL COURSE
2064-OF THE ASSESSMENT PROCESS
2065-.
2066-(h) T
2067-HE MANNER AND METHODS BY WHICH THE REQUIREMENTS OF
2068-THIS SUBSECTION
2069-(13) ARE TO BE IMPLEMENTED BY COUNTY ASSESSORS
2070-MUST BE CONTAINED IN SUCH MANUALS
2071-, APPRAISAL PROCEDURES, AND
2072-INSTRUCTIONS
2073-, AS APPLICABLE, THAT THE PROPERTY TAX ADMINISTRATOR
2074-IS AUTHORIZED TO PREPARE AND PUBLISH PURSUANT TO SECTION
2075- 39-2-109
2076-(1)(e).
2077-(i) W
2078-ITHIN THE TWELVE-MONTH PERIOD BEFORE THE EFFECTIVE
2079-DATE OF THE APPROVAL OR MODIFICATION OF THE COUNTY REVITALIZATION
2080-PLAN REQUIRING THE ALLOCATION OF MONEY TO THE AUTHORITY PURSUANT
2081-TO SUBSECTION
2082- (13)(a) OF THIS SECTION, THE MUNICIPALITY, COUNTY, OR
2083-SPECIAL DISTRICT IS ENTITLED TO THE REIMBURSEMENT OF ANY MONEY THAT
2084-THE MUNICIPALITY
2085-, COUNTY, OR SPECIAL DISTRICT PAYS TO, CONTRIBUTES
2086-TO
2087-, OR INVESTS IN THE AUTHORITY FOR THE PROJECT. THE REIMBURSEMENT
2088-MUST BE PAID FROM THE SPECIAL FUND OF THE AUTHORITY ESTABLISHED
2089-PURSUANT TO SUBSECTION
2090- (13)(a) OF THIS SECTION.
2091-(14) (a) N
2092-OTWITHSTANDING ANY OTHER PROVISION OF LAW , THE
2093-GOVERNING BODY MAY PROVIDE IN THE COUNTY REVITALIZATION PLAN
2094-THAT THE VALUATION ATTRIBUTABLE TO THE EXTRACTION OF MINERAL
2095-RESOURCES LOCATED WITHIN THE COUNTY REVITALIZATION AREA IS NOT
2096-SUBJECT TO THE DIVISION THAT IS OTHERWISE REQUIRED BY SUBSECTION
2097-(13)(a) OF THIS SECTION. IN SUCH CIRCUMSTANCES, THE TAXES LEVIED ON
2098-THE VALUATION MUST BE DISTRIBUTED TO THE TAXING ENTITIES AS IF THE
2099-COUNTY REVITALIZATION PLAN WAS NOT IN EFFECT
2100-.
2101-(b) A
2102-S USED IN THIS SUBSECTION (14):
2103-PAGE 39-HOUSE BILL 24-1172 (I) "MINERAL RESOURCES" HAS THE SAME MEANING AS SPECIFIED IN
2104-SECTION
2105-36-1-100.3 (3).
2106-(II) "V
2107-ALUATION ATTRIBUTABLE TO THE EXTRACTION OF MINERAL
2108-RESOURCES
2109-" INCLUDES:
2110-(A) T
2111-HE VALUE OF OIL AND GAS LEASEHOLDS AND L AND AND
2112-SUBSURFACE OIL AND GAS WELL EQUIPMENT THAT IS VALUED FOR
2113-ASSESSMENT PURPOSES AS REAL PROPERTY UNDER SECTIONS
2114-39-7-102 AND
2115-39-7-103; AND
2116-(B) SURFACE OIL AND GAS WELL EQUIPMENT AND SUBMERSIBLE
2117-PUMPS AND SUCKER RODS THAT ARE LOCATED ON OIL AND GAS LEASEHOLDS
2118-AND LAND AND THAT ARE VALUED FOR ASSESSMENT PURPOSES AS PERSONAL
2119-PROPERTY UNDER SECTION
2120-39-7-103.
2121-(15) T
2122-HE COUNTY IN WHICH THE COUNTY REVITALIZATION
2123-AUTHORITY HAS BEEN ESTABLISHED SHALL TIMELY NOTIFY THE ASSESSOR
2124-WHEN
2125-:
2126-(a) T
2127-HE COUNTY REVITALIZATION PLAN OR A SUBSTANTIAL
2128-MODIFICATION OF THE PLAN HAS BEEN APPROVED THAT CONTAINS THE
2129-PROVISIONS REFERENCED IN SUBSECTION
2130- (13)(a) OF THIS SECTION OR A
2131-SUBSTANTIAL MODIFICATION OF THE PLAN ADDS LAND TO THE PLAN
2132-, WHICH
2133-PLAN CONTAINS THE PROVISIONS REFERENCED IN SUBSECTION
2134- (13)(a) OF
2135-THIS SECTION
2136-;
2137-(b) A
2138-NY OUTSTANDING OBLIGATION INCURRED BY THE AUTHORITY
2139-PURSUANT TO THE PROVISIONS OF SUBSECTION
2140-(13) OF THIS SECTION HAS
2141-BEEN PAID OFF
2142-; AND
2143-(c) THE PURPOSES OF THE AUTHORITY HAVE OTHERWISE BEEN
2144-ACHIEVED
2145-.
2146-(16) (a) N
2147-OT LATER THAN THIRTY DAYS AFTER THE COUNTY HAS
2148-PROVIDED THE COUNTY ASSESSOR THE NOTICE REQUIRED BY SUBSECTION
2149-(15)(a) OF THIS SECTION, THE COUNTY ASSESSOR MAY PROVIDE WRITTEN
2150-NOTICE TO THE COUNTY IF THE ASSESSOR BELIEVES THAT AGRICULTURAL
2151-LAND HAS BEEN IMPROPERLY INCLUDED IN THE COUNTY REVITALIZATION
2152-AREA IN VIOLATION OF SUBSECTION
2153- (1)(c)(II) OF THIS SECTION.
2154-PAGE 40-HOUSE BILL 24-1172 (b) IF THE NOTICE DESCRIBED IN SUBSECTION (15)(a) OF THIS
2155-SECTION IS NOT DELIVERED WITHIN THE REQUIRED THIRTY
2156--DAY PERIOD, THE
2157-INCLUSION OF THE LAND IN THE COUNTY REVITALIZATION AREA AS
2158-DESCRIBED IN THE COUNTY REVITALIZATION PLAN IS INCONTESTABLE IN ANY
2159-SUIT OR PROCEEDING NOTWITHSTANDING THE PRESENCE OF ANY CAUSE
2160-.
2161-30-31-110. Disaster areas. (1) N
2162-OTWITHSTANDING ANY OTHER
2163-PROVISIONS OF THIS ARTICLE
2164-31, WHEN THE GOVERNING BODY CERTIFIES
2165-THAT AN AREA IS IN NEED OF REDEVELOPMENT OR REHABILITATION AS A
2166-RESULT OF A FLOOD
2167-, FIRE, HURRICANE, EARTHQUAKE, STORM, OR OTHER
2168-CATASTROPHE FOR WHICH THE GOVERNOR HAS CERTIFIED THE NEED FOR
2169-DISASTER ASSISTANCE PURSUANT TO THE
2170-"FEDERAL DISASTER RELIEF ACT",
2171-P
2172-UB. L. 81-875, AS AMENDED, OR ANY OTHER RELEVANT FEDERAL LAW , THE
2173-GOVERNING BODY MAY DEEM SUCH AN AREA TO BE A REVITALIZATION AREA
2174-.
2175-(2) T
2176-HE AUTHORITY MAY PREPARE AND SUBMIT TO THE GOVERNING
2177-BODY A PROPOSED COUNTY REVITALIZATION PLAN AND PROPOSED COUNTY
2178-REVITALIZATION PROJECT FOR AN AREA DEEMED A REVITALIZATION AREA
2179-PURSUANT TO SUBSECTION
2180-(1) OF THIS SECTION OR FOR ANY PORTION
2181-THEREOF
2182-, AND THE GOVERNING BODY MAY , BY RESOLUTION, APPROVE SUCH
2183-A PROPOSED COUNTY REVITALIZATION PLAN AND COUNTY REVITALIZATION
2184-PROJECT WITH OR WITHOUT MODIFICATIONS WITHOUT REGARD TO THE
2185-PROVISIONS OF THIS ARTICLE
2186-31 REQUIRING A GENERAL OR MASTER PLAN
2187-FOR THE PHYSICAL DEVELOPMENT OF THE COUNTY AS A WHOLE
2188-, REVIEW BY
2189-THE PLANNING COMMISSION
2190-, OR A PUBLIC HEARING.
2191-30-31-111. Issuance of bonds by an authority. (1) A
2192-N AUTHORITY
2193-HAS POWER TO ISSUE BONDS OF THE AUTHORITY FROM TIME TO TIME IN ITS
2194-DISCRETION TO FINANCE ITS ACTIVITIES OR OPERATIONS PURSUANT TO THIS
2195-ARTICLE
2196-31, INCLUDING THE REPAYMENT WITH INTEREST OF ANY ADVANCES
2197-OR LOANS OF FUNDS MADE TO THE AUTHORITY BY THE FEDERAL
2198-GOVERNMENT OR OTHER SOURCE FOR ANY SURVEYS OR PLANS MADE OR TO
2199-BE MADE BY THE AUTHORITY IN EXERCISING ITS POWERS PURSUANT TO THIS
2200-ARTICLE
2201-31 AND ALSO HAS POWER TO ISSUE REFUNDING OR OTHER BONDS OF
2202-THE AUTHORITY IN ITS DISCRETION FOR THE PAYMENT
2203-, RETIREMENT,
2204-RENEWAL, OR EXTENSION OF ANY BONDS PREVIOUSLY ISSUED PURSUANT TO
2205-THIS SECTION AND TO PROVIDE FOR THE REPLACEMENT OF LOST
2206-, DESTROYED,
2207-OR MUTILATED BONDS PREVIOUSLY ISSUED PURSUANT TO THIS SECTION .
2208-(2) (a) B
2209-ONDS ISSUED PURSUANT TO THIS SECTION MAY BE GENERAL
2210-PAGE 41-HOUSE BILL 24-1172 OBLIGATION BONDS OF THE AUTHORITY THE PAYMENT OF WHICH , AS TO
2211-PRINCIPAL AND INTEREST AND PREMIUMS
2212-, IF ANY, THE FULL FAITH, CREDIT,
2213-AND ASSETS, ACQUIRED AND TO BE ACQUIRED , OF THE AUTHORITY ARE
2214-IRREVOCABLY PLEDGED
2215-.
2216-(b) B
2217-ONDS ISSUED PURSUANT TO THIS SECTION MAY BE SPECIAL
2218-OBLIGATIONS OF THE AUTHORITY WHICH
2219-, AS TO PRINCIPAL AND INTEREST
2220-AND PREMIUMS
2221-, IF ANY, ARE PAYABLE SOLELY FROM AND SECURED ONLY BY
2222-A PLEDGE OF ANY INCOME
2223-, PROCEEDS, REVENUES, OR FUNDS OF THE
2224-AUTHORITY DERIVED OR TO BE DERIVED BY IT FROM OR HELD OR TO BE HELD
2225-BY IT IN CONNECTION WITH ITS UNDERTAKING OF ANY PROJECT OF THE
2226-AUTHORITY
2227-, INCLUDING MONEY TO BE PAID TO AN AUTHORITY PURSUANT TO
2228-SECTION
2229-30-31-109 (13) AND INCLUDING ANY GRANTS OR CONTRIBUTIONS
2230-OF MONEY MADE OR TO BE MADE BY IT WITH RESPECT TO ANY SUCH PROJECT
2231-AND ANY MONEY DERIVED OR TO BE DERIVED BY IT FROM OR HELD OR TO BE
2232-HELD BY IT IN CONNECTION WITH ITS SALE
2233-, LEASE, RENTAL, TRANSFER,
2234-RETENTION, MANAGEMENT, REHABILITATION, CLEARANCE, DEVELOPMENT,
2235-REDEVELOPMENT, PREPARATION FOR DEVELOPMENT OR REDEVELOPMENT ,
2236-OR ITS OPERATION OR OTHER UTILIZATION OR DISPOSITION OF ANY REAL OR
2237-PERSONAL PROPERTY ACQUIRED OR TO BE ACQUIRED BY IT OR HELD OR TO BE
2238-HELD BY IT FOR ANY OF THE PURPOSES OF THIS ARTICLE
2239-31 AND INCLUDING
2240-ANY LOANS
2241-, GRANTS, OR CONTRIBUTIONS OF FUNDS MADE OR TO BE MADE
2242-TO IT BY THE FEDERAL GOVERNMENT IN AID OF ANY PROJECT OF THE
2243-AUTHORITY OR IN AID OF ANY OF ITS OTHER ACTIVITIES OR OPERATIONS
2244-.
2245-(c) B
2246-ONDS ISSUED PURSUANT TO THIS SECTION MAY BE SPECIAL
2247-OBLIGATIONS OF THE AUTHORITY THAT
2248-, AS TO PRINCIPAL AND INTEREST AND
2249-PREMIUMS
2250-, IF ANY, ARE PAYABLE SOLELY FROM AND SECURED ONLY BY A
2251-PLEDGE OF ANY LOANS
2252-, GRANTS, OR CONTRIBUTIONS OF MONEY MADE OR TO
2253-BE MADE TO IT BY THE FEDERAL GOVERNMENT OR OTHER SOURCE IN AID OF
2254-ANY PROJECT OF THE AUTHORITY OR IN AID OF ANY OF ITS OTHER ACTIVITIES
2255-OR OPERATIONS
2256-.
2257-(d) B
2258-ONDS ISSUED PURSUANT TO THIS SECTION MAY BE CONTINGENT
2259-SPECIAL OBLIGATIONS OF THE AUTHORITY WHICH
2260-, AS TO PRINCIPAL AND
2261-INTEREST AND PREMIUMS
2262-, IF ANY, ARE PAYABLE SOLELY FROM ANY MONEY
2263-AVAILABLE OR BECOMING AVAILABLE TO THE AUTHORITY FOR ITS
2264-UNDERTAKING OF THE PROJECT INVOLVED IN THE PARTICULAR ACTIVITIES OR
2265-OPERATIONS WITH RESPECT TO WHICH THE CONTINGENT SPECIAL
2266-OBLIGATIONS ARE ISSUED BUT PAYABLE ONLY IF MONEY IS OR BECOMES
2267-PAGE 42-HOUSE BILL 24-1172 AVAILABLE AS PROVIDED IN THIS SUBSECTION (2).
2268-(3) N
2269-OTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION ,
2270-ANY BONDS ISSUED PURSUANT TO THIS SECTION , OTHER THAN THE
2271-CONTINGENT SPECIAL OBLIGATIONS COVERED BY SUBSECTION
2272- (2)(d) OF THIS
2273-SECTION
2274-, MAY BE ADDITIONALLY SECURED AS TO THE PAYMENT OF THE
2275-PRINCIPAL AND INTEREST AND PREMIUMS
2276-, IF ANY, BY A MORTGAGE OF ANY
2277-COUNTY REVITALIZATION PROJECT
2278-, OR ANY PART THEREOF, TITLE TO WHICH
2279-IS THEN OR THEREAFTER IN THE AUTHORITY OR OF ANY OTHER REAL OR
2280-PERSONAL PROPERTY OR INTERESTS THEREIN THEN OWNED OR THEREAFTER
2281-ACQUIRED BY THE AUTHORITY
2282-.
2283-(4) N
2284-OTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION ,
2285-GENERAL OBLIGATION BONDS ISSUED PURSUANT TO THIS SECTION MAY BE
2286-ADDITIONALLY SECURED AS TO PAYMENT OF THE PRINCIPAL AND INTEREST
2287-AND PREMIUMS
2288-, IF ANY, AS PROVIDED IN EITHER SUBSECTION (2)(b) OR
2289-SUBSECTION
2290- (2)(c) OF THIS SECTION, WITH OR WITHOUT BEING ALSO
2291-ADDITIONALLY SECURED AS TO PAYMENT OF THE PRINCIPAL
2292-, INTEREST, AND
2293-PREMIUMS
2294-, IF ANY, BY A MORTGAGE AS PROVIDED IN SUBSECTION (3) OF THIS
2295-SECTION OR A TRUST AGREEMENT AS PROVIDED IN SUBSECTION
2296-(5) OF THIS
2297-SECTION
2298-.
2299-(5) N
2300-OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION , ANY
2301-BONDS PURSUANT TO THIS SECTION MAY BE ADDITIONALLY SECURED AS TO
2302-THE PAYMENT OF THE PRINCIPAL
2303-, INTEREST, AND PREMIUMS, IF ANY, BY A
2304-TRUST AGREEMENT BY AND BETWEEN THE AUTHORITY AND A CORPORATE
2305-TRUSTEE
2306-, WHICH MAY BE ANY TRUST COMPANY OR BANK HAVING THE
2307-POWERS OF A TRUST COMPANY WITHIN OR WITHOUT THE STATE OF
2308-COLORADO.
2309-(6) B
2310-ONDS ISSUED PURSUANT TO THIS SECTION DO NOT CONSTITUTE
2311-AN INDEBTEDNESS OF THE STATE OF
2312-COLORADO OR OF ANY COUNTY ,
2313-MUNICIPALITY, OR PUBLIC BODY OF THE STATE OF COLORADO OTHER THAN
2314-THE COUNTY REVITALIZATION AUTHORITY ISSUING SUCH BONDS AND ARE
2315-NOT SUBJECT TO THE PROVISIONS OF ANY OTHER LAW OR OF THE CHARTER
2316-OF ANY COUNTY RELATING TO THE AUTHORIZATION
2317-, ISSUANCE, OR SALE OF
2318-BONDS
2319-.
2320-(7) B
2321-ONDS ISSUED PURSUANT TO THIS SECTION ARE ISSUED FOR AN
2322-ESSENTIAL PUBLIC AND GOVERNMENTAL PURPOSE AND
2323-, TOGETHER WITH
2324-PAGE 43-HOUSE BILL 24-1172 INTEREST THEREON AND INCOME THEREFROM , ARE EXEMPT FROM ALL
2325-TAXES
2326-.
2327-(8) (a) B
2328-ONDS ISSUED PURSUANT TO THIS SECTION MUST BE
2329-AUTHORIZED BY A RESOLUTION OF THE AUTHORITY AND MAY BE ISSUED IN
2330-ONE OR MORE SERIES AND MUST BEAR SUCH DATE
2331-, BE PAYABLE UPON
2332-DEMAND OR MATURE AT SUCH TIME
2333-, BEAR INTEREST AT SUCH RATE, BE IN
2334-SUCH DENOMINATION
2335-, BE IN SUCH FORM, EITHER COUPON OR REGISTERED OR
2336-OTHERWISE
2337-, CARRY SUCH CONVERSION OR REGISTRATION PRIVILEGES , HAVE
2338-SUCH RANK OR PRIORITY
2339-, BE EXECUTED IN THE NAME OF THE AUTHORITY IN
2340-SUCH MANNER
2341-, BE PAYABLE IN SUCH MEDIUM OF PAYMENT , BE PAYABLE AT
2342-SUCH PLACE
2343-, BE SUBJECT TO SUCH CALLABILITY PROVISIONS OR TERMS OF
2344-REDEMPTION
2345-, WITH OR WITHOUT PREMIUMS, BE SECURED IN SUCH MANNER,
2346-BE OF SUCH DESCRIPTION, CONTAIN OR BE SUBJECT TO SUCH COVENANTS ,
2347-PROVISIONS, TERMS, CONDITIONS, AND AGREEMENTS INCLUDING PROVISIONS
2348-CONCERNING EVENTS OF DEFAULT
2349-, AND HAVE SUCH OTHER
2350-CHARACTERISTICS AS MAY BE PROVIDED BY THE RESOLUTION OR BY THE
2351-TRUST AGREEMENT
2352-, INDENTURE, OR MORTGAGE, IF ANY, ISSUED PURSUANT
2353-TO THE RESOLUTION
2354-.
2355-(b) T
2356-HE SEAL, OR A FACSIMILE THEREOF, OF THE AUTHORITY MUST
2357-BE AFFIXED
2358-, IMPRINTED, ENGRAVED, OR OTHERWISE REPRODUCED UPON
2359-EACH OF ITS BONDS ISSUED PURSUANT TO THIS SECTION
2360-.
2361-(c) B
2362-ONDS ISSUED PURSUANT TO THIS SECTION MUST BE EXECUTED
2363-IN THE NAME OF THE AUTHORITY BY THE MANUAL
2364-, OR FACSIMILE
2365-SIGNATURES OF SUCH OF ITS OFFICIALS AS MAY BE DESIGNATED IN THE SAID
2366-RESOLUTION OR TRUST AGREEMENT
2367-, INDENTURE, OR MORTGAGE; EXCEPT
2368-THAT AT LEAST ONE SIGNATURE ON EACH SUCH BOND MUST BE A MANUAL
2369-SIGNATURE
2370-.
2371-(d) C
2372-OUPONS, IF ANY, ATTACHED TO BONDS ISSUED PURSUANT TO
2373-THIS SECTION MUST BEAR THE FACSIMILE SIGNATURE OF AN OFFICIAL OF THE
2374-AUTHORITY DESIGNATED PURSUANT TO THIS SUBSECTION
2375-(8).
2376-(e) A
2377- RESOLUTION OR TRUST AGREEMENT , INDENTURE, OR
2378-MORTGAGE MAY PROVIDE FOR THE AUTHENTICATION OF THE PERTINENT
2379-BONDS BY THE TRUSTEE
2380-.
2381-(9) B
2382-ONDS ISSUED PURSUANT TO THIS SECTION MAY BE SOLD BY THE
2383-PAGE 44-HOUSE BILL 24-1172 AUTHORITY IN SUCH MANNER AND FOR SUCH PRICE AS THE AUTHORITY MAY
2384-DETERMINE
2385-, AT PAR, BELOW PAR, OR ABOVE PAR, AT PRIVATE SALE OR AT
2386-PUBLIC SALE AFTER NOTICE PUBLISHED BEFORE SALE IN A NEWSPAPER
2387-HAVING GENERAL CIRCULATION IN THE COUNTY OR IN ANOTHER MEDIUM OF
2388-PUBLICATION THAT THE AUTHORITY MAY DEEM APPROPRIATE
2389-.
2390-(10) B
2391-ONDS ISSUED PURSUANT TO THIS SECTION MAY BE EXCHANGED
2392-BY THE AUTHORITY FOR OTHER BONDS ISSUED BY IT PURSUANT TO THIS
2393-SECTION
2394-.
2395-(11) B
2396-ONDS ISSUED PURSUANT TO THIS SECTION MAY BE SOLD BY AN
2397-AUTHORITY TO THE FEDERAL GOVERNMENT IF THE AUTHORITY SELLS LESS
2398-THAN ALL OF THE AUTHORIZED PRINCIPAL AMOUNT OF THE BONDS TO THE
2399-FEDERAL GOVERNMENT
2400-, THE AUTHORITY MAY SELL THE BALANCE OR ANY
2401-PORTION OF THE BALANCE AT PRIVATE SALE AT PAR
2402-, BELOW PAR, OR ABOVE
2403-PAR
2404-, AT AN INTEREST COST TO THE AUTHORITY NOT TO EXCEED THE
2405-INTEREST COST TO THE AUTHORITY OF THE PORTION OF THE BONDS SOLD BY
2406-THE AUTHORITY TO THE FEDERAL GOVERNMENT
2407-.
2408-30-31-112. Property of an authority exempt from taxes and from
2409-levy and sale by virtue of an execution. (1) (a) A
2410-LL PROPERTY OF AN
2411-AUTHORITY
2412-, INCLUDING ALL MONEY OWNED OR HELD BY IT FOR ANY OF THE
2413-PURPOSES OF THIS ARTICLE
2414-31, IS EXEMPT FROM BOTH THE LEVY OF
2415-PROPERTY TAXES AND SALE BY VIRTUE OF AN EXECUTION
2416-, AND NO SUCH
2417-EXECUTION OR OTHER JUDICIAL PROCESS MAY ISSUE AGAINST THE PROPERTY
2418-OF AN AUTHORITY NOR MAY A JUDGMENT AGAINST THE AUTHORITY BE A
2419-CHARGE OR LIEN UPON SUCH PROPERTY
2420-.
2421-(b) T
2422-HIS SUBSECTION (1) DOES NOT APPLY TO OR LIMIT EITHER:
2423-(I) T
2424-HE RIGHT OF OBLIGEES TO FORECLOSE OR OTHERWISE ENFORCE
2425-ANY MORTGAGE
2426-, DEED OF TRUST, TRUST AGREEMENT, INDENTURE, OR OTHER
2427-ENCUMBRANCE OF THE AUTHORITY
2428-; OR
2429-(II) THE RIGHT OF OBLIGEES TO PURSUE ANY REMEDIES FOR THE
2430-ENFORCEMENT OF ANY PLEDGE OR LIEN GIVEN BY THE AUTHORITY PURS UANT
2431-TO THIS ARTICLE
2432-31 ON ITS RENTS, INCOME, PROCEEDS, REVENUES, LOANS,
2433-GRANTS, CONTRIBUTIONS, AND OTHER MONEY AND ASSETS DERIVED OR
2434-ARISING FROM ANY PROJECT OF THE AUTHORITY OR FROM ANY OF ITS
2435-OPERATIONS OR ACTIVITIES PURSUANT TO THIS ARTICLE
2436-31.
2437-PAGE 45-HOUSE BILL 24-1172 (2) ALL PROPERTY OF AN AUTHORITY ACQUIRED OR HELD BY IT FOR
2438-ANY OF THE PURPOSES OF THIS ARTICLE
2439-31, INCLUDING ALL MONEY OF AN
2440-AUTHORITY ACQUIRED OR HELD BY IT FOR ANY OF THESE PURPOSES
2441-, IS
2442-PUBLIC PROPERTY USED FOR ESSENTIAL PUBLIC AND GOVERNMENTAL
2443-PURPOSES
2444-, AND BOTH THE PROPERTY AND THE AUTHORITY ARE EXEMPT
2445-FROM ALL TAXES OF THE STATE OF
2446-COLORADO OR ANY OTHER PUBLIC BODY ;
2447-EXCEPT THAT THIS TAX EXEMPTION FOR ANY PROPERTY ENDS WHEN THE
2448-AUTHORITY SELLS
2449-, LEASES, OR OTHERWISE DISPOSES OF THE PARTICULAR
2450-PROPERTY TO A PURCHASER
2451-, LESSEE, OR OTHER ALIENEE THAT IS NOT A
2452-PUBLIC BODY ENTITLED TO TAX EXEMPTION WITH RESPECT TO THE
2453-PARTICULAR PROPERTY
2454-.
2455-30-31-113. Title of purchaser, lessee, or transferee. A
2456-NY
2457-INSTRUMENT EXECUTED BY AN AUTHORITY AND PURPORTING TO CONVEY
2458-ANY RIGHT
2459-, TITLE, OR INTEREST OF THE AUTHORITY IN ANY PROPERTY
2460-PURSUANT TO THIS ARTICLE
2461-31 IS CONCLUSIVELY PRESUMED TO HAVE BEEN
2462-MADE AND EXECUTED IN COMPLIANCE WITH THE PROVISIONS OF THIS
2463-ARTICLE
2464-31 INSOFAR AS TITLE OR OTHER INTEREST OF ANY BONA FIDE
2465-PURCHASERS
2466-, LESSEES, OR TRANSFEREES OF SUCH PROPERTY IS CONCERNED .
2467-30-31-114. Cooperation by public bodies with county
2468-revitalization authorities. (1) A
2469-NY PUBLIC BODY, WITHIN ITS POWERS,
2470-PURPOSES, AND FUNCTIONS AND FOR THE PURPOSE OF AIDING AN AUTHORITY
2471-IN OR IN CONNECTION WITH THE PLANNING OR UNDERTAKING PURSUANT TO
2472-THIS ARTICLE
2473-31 OF ANY PLANS, PROJECTS, PROGRAMS, WORKS, OPERATIONS,
2474-OR ACTIVITIES OF AN AUTHORITY WHOSE AREA OF OPERATION IS SITUATED
2475-IN WHOLE OR IN PART WITHIN THE AREA IN WHICH THE PUBLIC BODY IS
2476-AUTHORIZED TO ACT
2477-, UPON TERMS AS THE PUBLIC BODY SHALL DETERMINE ,
2478-MAY:
2479-(a) S
2480-ELL, CONVEY, OR LEASE ANY OF THE PUBLIC BODY'S PROPERTY
2481-OR GRANT EASEMENTS
2482-, LICENSES, OR OTHER RIGHTS OR PRIVILEGES THEREIN
2483-TO THE AUTHORITY
2484-;
2485-(b) I
2486-NCUR THE ENTIRE EXPENSE OF ANY PUBLIC IMPROVEMENTS
2487-MADE BY THE PUBLIC BODY IN EXERCISING THE POWERS MENTIONED IN THIS
2488-SECTION
2489-;
2490-(c) D
2491-O EVERYTHING NECESSARY TO AID OR COOPERATE WITH THE
2492-AUTHORITY IN OR IN CONNECTION WITH THE PLANNING OR UNDERTAKING OF
2493-PAGE 46-HOUSE BILL 24-1172 ANY PLANS, PROJECTS, PROGRAMS, WORKS, OPERATIONS, OR ACTIVITIES;
2494-(d) E
2495-NTER INTO AGREEMENTS WITH THE AUTHORITY RESPECTING
2496-ACTION TO BE TAKEN PURSUANT TO ANY OF THE POWERS SET FORTH IN THIS
2497-ARTICLE
2498-31, INCLUDING AGREEMENTS RESPECTING THE PLANNING OR
2499-UNDERTAKING OF ANY PLANS
2500-, PROJECTS, PROGRAMS, WORKS, OPERATIONS,
2501-OR ACTIVITIES WHICH THE PUBLIC BODY IS OTHERWISE EMPOWERED TO
2502-UNDERTAKE
2503-;
2504-(e) C
2505-AUSE PUBLIC BUILDINGS AND PUBLIC FACILITIES , INCLUDING
2506-PARKS
2507-, PLAYGROUNDS, RECREATIONAL, COMMUNITY, EDUCATIONAL, WATER,
2508-GARBAGE DISPOSAL, SEWER, SEWAGE, SEWERAGE, OR DRAINAGE FACILITIES,
2509-OR ANY OTHER PUBLIC WORKS , IMPROVEMENTS, FACILITIES, OR UTILITIES
2510-WHICH THE PUBLIC BODY IS OTHERWISE EMPOWERED TO UNDERTAKE
2511-, TO BE
2512-FURNISHED WITHIN THE AREA IN WHICH THE PUBLIC BODY IS AUTHORIZED TO
2513-ACT
2514-;
2515-(f) F
2516-URNISH, DEDICATE, ACCEPT DEDICATION OF, OPEN, CLOSE,
2517-VACATE, INSTALL, CONSTRUCT, RECONSTRUCT, PAVE, REPAVE, REPAIR,
2518-REHABILITATE, IMPROVE, GRADE, REGRADE, PLAN, OR REPLAN PUBLIC
2519-STREETS
2520-, ROADS, ROADWAYS, PARKWAYS, ALLEYS, SIDEWALKS, AND OTHER
2521-PUBLIC WAYS OR PLACES WITHIN THE AREA IN WHICH THE PUBLIC BODY IS
2522-AUTHORIZED TO ACT TO THE EXTENT THAT THE ITEMS OR MATTERS ARE
2523-,
2524-UNDER ANY OTHER LAW , OTHERWISE WITHIN THE JURISDICTION OF THE
2525-PUBLIC BODY
2526-;
2527-(g) P
2528-LAN OR REPLAN AND ZONE OR REZONE ANY PART OF THE AREA
2529-UNDER THE JURISDICTION OF THE PUBLIC BODY OR MAKE EXCEPTIONS FROM
2530-ITS BUILDING REGULATIONS
2531-;
2532-(h) C
2533-AUSE ADMINISTRATIVE OR OTHER SERVICES TO BE FURNISHED
2534-TO THE AUTHORITY
2535-; OR
2536-(i) DESIGNATE ANY PORTION OF THE SALES TAX REVENUE IT
2537-RECEIVES TO THE AUTHORITY
2538-.
2539-(2) I
2540-F AT ANY TIME TITLE TO OR POSSESSION OF THE WHOLE OR ANY
2541-PORTION OF ANY PROJECT OF THE AUTHORITY UNDER THIS ARTICLE
2542-31 IS
2543-HELD BY ANY GOVERNMENTAL AGENCY OR PUBLIC BODY
2544-, OTHER THAN THE
2545-AUTHORITY
2546-, WHICH IS AUTHORIZED BY LAW TO ENGAGE IN THE
2547-PAGE 47-HOUSE BILL 24-1172 UNDERTAKING, CARRYING OUT, OR ADMINISTRATION OF ANY PROJECT ,
2548-INCLUDING ANY AGENCY OR INSTRUMENTALITY OF THE UNITED STATES, THE
2549-PROVISIONS OF THE AGREEMENTS REFERRED TO IN SUBSECTION
2550- (1)(d) OF
2551-THIS SECTION INURE TO THE BENEFIT OF AND MAY BE ENFORCED BY THE
2552-GOVERNMENTAL AGENCY OR PUBLIC BODY
2553-.
2554-(3) A
2555-NY PUBLIC BODY REFERRED TO IN SUBSECTION (1) OF THIS
2556-SECTION MAY
2557-, IN ADDITION TO ITS AUTHORITY PURSUANT TO ANY OTHER
2558-LAW TO ISSUE ITS BONDS FOR ANY PURPOSES
2559-, ISSUE AND SELL ITS BONDS FOR
2560-ANY OF THE PURPOSES OF THE PUBLIC BODY STATED IN THIS SECTION
2561-.
2562-(4) F
2563-OR THE ADVANCEMENT OF THE PUBLIC INTEREST AND FOR THE
2564-PURPOSE OF AIDING AND COOPERATING IN THE PLANNING
2565-, ACQUISITION,
2566-DEMOLITION, REHABILITATION, CONSTRUCTION, OR RELOCATION, OR
2567-OTHERWISE ASSISTING THE OPERATION OR ACTIVITIES OF THE COUNTY
2568-REVITALIZATION PROJECT LOCATED WHOLLY OR PARTLY WITHIN THE AREA
2569-IN WHICH IT IS AUTHORIZED TO ACT
2570-, A PUBLIC BODY MAY ENTER INTO
2571-AGREEMENTS
2572-,WHICH MAY EXTEND OVER ANY PERIOD NOTWITHSTANDING
2573-ANY PROVISION OF LAW TO THE CONTRARY
2574-, WITH AN AUTHORITY
2575-RESPECTING ACTION TAKEN OR TO BE TAKEN PURSUANT TO ANY OF THE
2576-POWERS GRANTED BY THIS ARTICLE
2577-31.
2578-30-31-115. Designation - transfer - abolishment.
2579-(1) N
2580-OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE 31, THE
2581-GOVERNING BODY MAY DESIGNATE ITSELF AS THE AUTHORITY WHEN
2582-ORIGINALLY ESTABLISHING AN AUTHORITY
2583-. A TRANSFER OF AN EXISTING
2584-AUTHORITY TO THE GOVERNING BODY MAY BE ACCOMPLISHED ONLY BY
2585-MAJORITY VOTE AT A REGULAR ELECTION
2586-.
2587-(2) W
2588-HEN THE GOVERNING BODY DESIGNATES ITSELF AS THE
2589-AUTHORITY OR TRANSFERS AN EXISTING AUTHORITY TO THE GOVERNING
2590-BODY PURSUANT TO SUBSECTION
2591-(1) OF THIS SECTION, THE GOVERNING BODY
2592-SHALL APPOINT THE AUTHORITY COMMISSIONERS IN ACCORDANCE WITH
2593-SECTION
2594-30-31-104 (2).
2595-(3) T
2596-HE GOVERNING BODY OF THE COUNTY MAY , BY RESOLUTION,
2597-PROVIDE FOR THE ABOLISHMENT OF THE COUNTY REVITALIZATION
2598-AUTHORITY SO LONG AS ADEQUATE ARRANGEMENTS HAVE BEEN MADE FOR
2599-PAYMENT OF ANY OUTSTANDING INDEBTEDNESS AND OTHER OBLIGATIONS
2600-OF THE AUTHORITY
2601-. ANY SUCH ABOLISHMENT IS EFFECTIVE UPON A DATE SET
2602-PAGE 48-HOUSE BILL 24-1172 FORTH IN THE ORDINANCE AND THIS DATE MUST NOT BE LATER THAN SIX
2603-MONTHS AFTER THE EFFECTIVE DATE OF THE ORDINANCE
2604-.
2605-30-31-116. Regional tourism projects. (1) A
2606- COUNTY
2607-REVITALIZATION AUTHORITY THAT IS DESIGNATED AS A FINANCING ENTITY
2608-PURSUANT TO PART
2609-3 OF ARTICLE 46 OF TITLE 24, HAS ALL THE POWERS
2610-NECESSARY OR CONVENIENT TO CARRY OUT AND EFFECTUATE THE PURPOSES
2611-AND PROVISIONS OF PART
2612-3 OF ARTICLE 46 OF TITLE 24, INCLUDING THE
2613-POWER TO RECEIVE STATE SALES TAX INCREMENT REVENUE GENERATED
2614-WITHIN AN APPROVED REGIONAL TOURISM ZONE
2615-, AS DEFINED IN SECTION
2616-24-46-303 (11), AND TO DISBURSE AND OTHERWISE UTILIZE SUCH REVENUE
2617-FOR ALL LAWFUL PURPOSES
2618-, INCLUDING FINANCING ELIGIBLE COSTS AND THE
2619-DESIGN
2620-, CONSTRUCTION, MAINTENANCE, AND OPERATION OF ELIGIBLE
2621-IMPROVEMENTS
2622-, AS SUCH TERMS ARE DEFINED IN SECTION 24-46-303 OR
2623-OTHERWISE INCORPORATED INTO THE COMMISSION
2624-'S CONDITIONS OF
2625-APPROVAL
2626-.
2627-(2) N
2628-OTWITHSTANDING SECTION 30-31-109 (8), AUTHORIZATION TO
2629-RECEIVE STATE SALES TAX INCREMENT REVENUE PURSUANT TO PART
2630-3 OF
2631-ARTICLE
2632-46 OF TITLE 24, IS A MATERIAL MODIFICATION TO THE PLAN, AND
2633-CORRESPONDING CHANGES TO THE PLAN MAY BE MADE BY THE GOVERNING
2634-BODY OF THE AUTHORITY TO INCORPORATE THE USE OF STATE SALES TAX
2635-INCREMENT REVENUE WITHOUT THE REQUIREMENT OF SUBMISSION TO OR
2636-APPROVAL BY THE GOVERNING BODY OF THE COUNTY THAT HAS
2637-ESTABLISHED THE AUTHORITY
2638-.
2639-(3) A
2640-NY COUNTY REVITALIZATION AUTHORITY THAT RECEIVES STATE
2641-SALES TAX INCREMENT REVENUE
2642-, WHETHER PURSUANT TO DESIGNATION AS
2643-A FINANCING ENTITY PURSUANT TO PART
2644-3 OF ARTICLE 46 OF TITLE 24, OR
2645-PURSUANT TO A CONTRACT ENTERED INTO WITH ANY SUCH FINANCING
2646-ENTITY
2647-, SHALL NOT USE THE STATE SALES TAX INCREMENT REVENUE TO
2648-ACQUIRE PROPERTY THROUGH THE EXERCISE OF EMINENT DOMAIN
2649-.
2650-(4) N
2651-OTHING IN THIS SECTION ELIMINATES THE REQUIREMENTS FOR
2652-THE AUTHORIZATION OF A NEW COUNTY REVITALIZATION AUTHORITY
2653-PURSUANT TO THIS ARTICLE
2654-31.
2655-30-31-117. Cumulative powers. T
2656-HE POWERS CONFERRED BY THIS
2657-ARTICLE
2658-31 ARE IN ADDITION AND SUPPLEMENTAL TO THE POWERS
2659-CONFERRED BY ANY OTHER LAW
2660-.
2661-PAGE 49-HOUSE BILL 24-1172 30-31-118. Inclusion of incorporated territory in a county
2662-revitalization area. (1) N
2663-OTWITHSTANDING ANY OTHER PROVISION OF THIS
2664-ARTICLE
2665-31, A COUNTY REVITALIZATION PLAN , COUNTY REVITALIZATION
2666-PROJECT
2667-, OR COUNTY REVITALIZATION AREA MAY INCLUDE INCORPORATED
2668-TERRITORY THAT IS WITHIN THE BOUNDARIES OF A MUNICIPALITY AND
2669-CONTIGUOUS TO A PORTION OF AN URBAN RENEWAL AREA LOCATED OUTSIDE
2670-OF THE MUNICIPALITY
2671-'S BOUNDARIES. NO SUCH TERRITORY SHALL BE
2672-INCLUDED IN THE PLAN
2673-, PROJECT, OR AREA WITHOUT THE CONSENT OF THE
2674-GOVERNING BODY OF THE MUNICIPALITY EXERCISING JURISDICTION OVER
2675-THE INCORPORATED TERRITORY PROPOSED FOR INCLUSION AND THE
2676-CONSENT OF EACH OWNER OF
2677-, AND EACH HOLDER OF A RECORDED
2678-MORTGAGE OR DEED OF TRUST ENCUMBERING
2679-, REAL PROPERTY WITHIN THE
2680-INCORPORATED AREA PROPOSED FOR INCLUSION
2681-.
2682-(2) I
2683-N ADDITION TO THE PROCEDURES FOR APPROVAL OF A PROPOSED
2684-COUNTY REVITALIZATION PLAN BY THE COUNTY PURS UANT TO SECTION
2685-30-31-109, INCORPORATED TERRITORY MUST ONLY BE INCLUDED IN THE
2686-COUNTY REVITALIZATION PLAN
2687-, PROJECT, OR AREA UPON THE APPROVAL OF
2688-THE GOVERNING BODY OF THE MUNICIPALITY
2689-:
2690-(a) M
2691-AKING A DETERMINATION THAT THE AREA PROPOSED FOR
2692-INCLUSION IN THE COUNTY REVITALIZATION PLAN IS A REVITALIZATION AREA
2693-AND DESIGNATING THE AREA AS APPROPRIATE FOR A C OUNTY
2694-REVITALIZATION PROJECT IN THE MANNER PROVIDED IN SECTION
2695-30-31-109
2696-(1);
2697-(b) R
2698-EFERRING THE COUNTY REVITALIZATION PLAN TO THE
2699-PLANNING COMMISSION OF THE MUNICIPALITY FOR A DETERMINATION AS TO
2700-THE CONFORMITY OF THE COUNTY REVITALIZATION PLAN WITH THE GENERAL
2701-PLAN FOR DEVELOPMENT FOR THE MUNICIPALITY IN THE MANNER PROVIDED
2702-IN SECTION
2703-30-31-109 (2);
2704-(c) C
2705-ONDUCTING A PUBLIC HEARING AND MAKING FINDINGS AND A
2706-DETERMINATION TO APPROVE INCLUSION OF THE INCORPORATED TERRITORY
2707-IN THE COUNTY REVITALIZATION PLAN
2708-, PROJECT, OR AREA IN THE MANNER
2709-PROVIDED IN SECTION
2710- 30-31-109 (5)(a), (5)(b)(I) THROUGH
2711-(5)(b)(IV), (5)(c), (5)(d), (6), (8), AND (9);
2712-(d) M
2713-AKING AN ADDITIONAL FINDING THAT EACH OWNER OF , AND
2714-EACH HOLDER OF A RECORDED MORTGAGE OR DEED OF TRUST
2715-PAGE 50-HOUSE BILL 24-1172 ENCUMBERING, REAL PROPERTY IN THE INCORPORATED TERRITORY
2716-PROPOSED FOR INCLUSION IN THE COUNTY REVITALIZATION PLAN
2717-, PROJECT,
2718-OR AREA CONSENTS TO THE INCLUSION ; AND
2719-(e) DETERMINING WHETHER THE INCORPORATED TERRITORY MUST
2720-BE INCLUDED IN ANY PROVISION FOR THE DIVISION OF TAXES IN THE COUNTY
2721-REVITALIZATION AREA AS AUTHORIZED BY SECTION
2722-30-31-109 (13), AND, IF
2723-SO DETERMINED
2724-, NOTIFYING THE COUNTY ASSESSOR OF SUCH INCLUSION AS
2725-REQUIRED BY SECTION
2726-30-31-109 (15).
2727-(4) A
2728-NY COUNTY REVITALIZATION PLAN APPROVED IN ACCORDANCE
2729-WITH THIS SECTION MAY BE MODIFIED AS PROVIDED IN SECTION
2730-30-31-109
2731-(10);
2732- EXCEPT THAT A MODIFICATION MUST BE APPROVED BY THE GOVERNING
2733-BODY OF THE MUNICIPALITY
2734-, THE COUNTY, AND THE AUTHORITY.
2735-(5) A
2736-N AUTHORITY, A COUNTY, AND A MUNICIPALITY MAY ,
2737-CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION , ENTER INTO AN
2738-INTERGOVERNMENTAL AGREEMENT TO FURTHER EFFECTUATE THE PURPOSES
2739-OF THIS SECTION AND TO PROVIDE FOR THE INCLUSION OF INCORPORATED
2740-TERRITORY IN A COUNTY REVITALIZATION AREA
2741-.
2742-(6) T
2743-HIS SECTION DOES NOT APPLY TO THE INCLUSION OF TERRITORY
2744-IN A COUNTY REVITALIZATION AREA AS A RESULT OF ANNEXATION
2745-.
2746-SECTION 2. In Colorado Revised Statutes, add article 7.5 to title
2747-38 as follows:
2748-ARTICLE 7.5
2749-Eminent Domain by County Revitalization Authorities - Vesting
2750-38-7.5-101. Motion for vesting - contents. (1) (a) I
2751-N ANY
2752-PROCEEDING INITIATED BY A COUNTY REVITALIZATION AUTHORITY
2753-, AS
2754-DEFINED IN SECTION
2755-30-31-103 (6), UNDER THE PROVISIONS OF ARTICLE 1 OF
2756-THIS TITLE
2757-, THE PETITIONER OR ANY RESPONDENT, AT ANY TIME AFTER THE
2758-PETITION HAS BEEN FILED AND BEFORE J UDGMENT IS ENTERED IN THE
2759-PROCEEDING
2760-, MAY FILE A WRITTEN VERIFIED MOTION REQUESTING THAT ,
2761-IMMEDIATELY OR AT SOME SPECIFIED LATER DATE , THE PETITIONER BE
2762-VESTED WITH FEE SIMPLE TITLE
2763-, OR SOME LESSER ESTATE, INTEREST, OR
2764-EASEMENT
2765-, AS MAY BE REQUIRED, TO THE REAL PROPERTY, OR A SPECIFIED
2766-PORTION THEREOF
2767-, WHICH IS THE SUBJECT OF THE PROCEEDING , AND BE
2768-AUTHORIZED TO TAKE POSSESSION OF AND USE SUCH PROPERTY
2769-.
2770-PAGE 51-HOUSE BILL 24-1172 (b) ANY MOTION FILED BY ANY RESPONDENT AFFECTS , AND IS
2771-LIMITED IN APPLICATION TO
2772-, THE PROPERTY IN WHICH THE RESPONDENT HAS
2773-AN INTEREST
2774-.
2775-(c) A
2776-LL THE OWNERS OF RECORD OF PROPERTY SHALL JOIN IN ANY
2777-MOTION FILED BY ANY RESPONDENT UNDER THIS SECTION
2778-, UNLESS ONE OR
2779-MORE OF THE OWNERS OF RECORD CANNOT BY DUE DILIGENCE BE FOUND
2780-, IN
2781-WHICH INSTANCE THIS FACT MUST BE STATED IN THE MOTION
2782-.
2783-(2) T
2784-HE MOTION DESCRIBED IN SUBSECTION (1) OF THIS SECTION,
2785-REFERRED TO IN THIS ARTICLE 7.5 AS THE "MOTION FOR VESTING", MUST SET
2786-FORTH
2787-:
2788-(a) A
2789-N ACCURATE DESCRIPTION OF THE PROPERTY TO WHICH THE
2790-MOTION RELATES AND THE ESTATE OR INTEREST SOUGHT TO BE ACQUIRED
2791-OR DIVESTED
2792-; BUT, IN ANY MOTION FOR VESTING FILED BY ANY RESPONDENT ,
2793-THE INTEREST SOUGHT TO BE DIVESTED MUST BE THE INTEREST DESCRIBED
2794-IN THE PETITION IN EMINENT DOMAIN
2795-;
2796-(b) T
2797-HE NAMES OF THE OWNERS OF RECORD OF THE PROPERTY
2798-DESCRIBED IN THE MOTION FOR VESTING
2799-; AND
2800-(c) THE DATE UPON WHICH IT IS REQUESTED THAT THE ESTATE OR
2801-INTEREST SOUGHT TO BE ACQUIRED OR DIVESTED VEST IN THE PETITIONER
2802-AND THE DATE UPON WHICH IT IS REQUESTED THAT THE PETITIONER BE
2803-ENTITLED TO POSSESSION AND USE OF THE SUBJECT PROPERTY
2804-.
2805-38-7.5-102. Motion for vesting - procedure with respect thereto.
2806-(1) (a) T
2807-HE COURT SHALL SET A DATE, NOT LESS THAN TWENTY-ONE DAYS
2808-AFTER THE FILING OF A MOTION FOR VESTING
2809-, FOR THE HEARING THEREON,
2810-AND THE COURT SHALL REQUIRE AT LEAST FOURTEEN DAYS NOTICE TO BE
2811-GIVEN TO EACH PARTY TO THE PROCEEDING WHOSE INTERESTS WOULD BE
2812-AFFECTED BY THE TAKING REQUESTED
2813-.
2814-(b) T
2815-HE AVERMENTS IN THE MOTION AND THE NECESSITY FOR THE
2816-VESTING OF TITLE
2817-, OR SOME LESSER ESTATE , BEFORE THE FINAL
2818-DETERMINATION OF JUST COMPENSATION ARE DEEMED ADMITTED UNLESS
2819-SUCH AVERMENTS ARE CONTROVERTED IN A RESPONSIVE PLEADING FILED AT
2820-OR BEFORE THE HEARING ON THE MOTION FOR VESTING
2821-.
2822-PAGE 52-HOUSE BILL 24-1172 (2) AT THE HEARING ON A MOTION FOR VESTING, IF THE AVERMENTS
2823-IN THE MOTION HAVE BEEN CONTROVERTED IN RESPONSIVE PLEADINGS FILED
2824-AT OR BEFORE THE HEARING AND IF THE COURT HAS NOT PREVIOUSLY
2825-, IN THE
2826-SAME PROCEEDING
2827-, DETERMINED THAT THE AVERMENTS ARE TRUE , THE
2828-COURT SHALL FIRST HEAR AND DETERMINE
2829-:
2830-(a) T
2831-HE AUTHORITY OF THE PETITIONER TO EXERCISE THE RIGHT OF
2832-EMINENT DOMAIN
2833-;
2834-(b) W
2835-HETHER THE PROPERTY DESCRIBED IN THE MOTION FOR
2836-VESTING IS SUBJECT TO THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN
2837-;
2838-AND
2839-(c) WHETHER THE RIGHT OF EMINENT DOMAIN IS BEING PROPERLY
2840-EXERCISED IN THE PARTICULAR PROCEEDING
2841-.
2842-(3) F
2843-AILURE TO RAISE THE ISSUES ENUMERATED IN SUBSECTION (2)
2844-OF THIS SECTION, AT OR BEFORE THE HEARING ON THE MOTION FOR VESTING ,
2845-CONSTITUTES A WAIVER INSOFAR AS THE ISSUES RELATE TO THE PROPERTY
2846-DESCRIBED IN THE MOTION FOR VESTING
2847-. THE COURT'S ORDER THEREON IS
2848-A FINAL ORDER
2849-, AND AN APPEAL MAY BE OBTAINED FOR THE REVIEW
2850-THEREOF BY EITHER PARTY WITHIN TWENTY
2851--ONE DAYS AFTER THE ENTRY OF
2852-THE ORDER BUT NOT THEREAFTER UNLESS THE APPELLATE COURT
2853-, ON GOOD
2854-CAUSE SHOWN
2855-, EXTENDS THE TIME FOR OBTAINING AN APPEAL WITHIN
2856-TWENTY
2857--ONE DAYS. APPELLATE REVIEW DOES NOT STAY THE OTHER
2858-PROCEEDINGS UNDER THIS ARTICLE
2859-7.5 UNLESS THE APPEAL WAS OBTAINED
2860-BY THE PETITIONER OR UNLESS AN ORDER STAYING SUCH FURTHER
2861-PROCEEDINGS IS ENTERED BY THE APPELLATE COURT UPON A SHOWING OF
2862-IRREPARABLE INJURY
2863-.
2864-(4) I
2865-F THE ISSUES ENUMERATED UNDER SUBSECTION (2) OF THIS
2866-SECTION ARE DETERMINED IN FAVOR OF THE PETITIONER AND FURTHER
2867-PROCEEDINGS ARE NOT STAYED OR IF FURTHER PROCEEDINGS ARE STAYED
2868-AND THE APPEAL RESULTS IN A DETERMINATION IN FAVOR OF THE
2869-PETITIONER
2870-, THE COURT SHALL HEAR AND DETERMINE ALL MATTERS RAISED
2871-IN AND RELATING TO THE MOTION FOR VESTING
2872-. IF THE FOREGOING MATTERS
2873-ARE DETERMINED IN FAVOR OF THE PETITIONER
2874-, THE COURT SHALL APPOINT
2875-THREE DISINTERESTED COMMISSIONERS
2876-, WHO MUST BE FREEHOLDERS , TO
2877-ASSESS THE COMPENSATION TO WHICH THE RESPONDENTS NAMED IN THE
2878-MOTION FOR VESTING MAY BE ENTITLED BY REASON OF THE APPROPRIATION
2879-PAGE 53-HOUSE BILL 24-1172 OF THE PETITIONER.
2880-(5) (a) T
2881-HE COMMISSIONERS, BEFORE ENTERING UPON THE DUTIES OF
2882-THEIR OFFICE
2883-, SHALL TAKE AN OATH TO FAITHFULLY AND IMPARTIALLY
2884-DISCHARGE THEIR DUTIES AS COMMISSIONERS
2885-. ANY ONE OF THE
2886-COMMISSIONERS MAY ADMINISTER OATHS TO WITNESSES PRODUCED BEFORE
2887-THEM
2888-.
2889-(b) A
2890-FTER TAKING THEIR OATH, THE COMMISSIONERS SHALL VIEW
2891-THE PROPERTY
2892-, HEAR TESTIMONY , AND CONSIDER EVIDENCE AS IS
2893-REASONABLY NECESSARY TO ENABLE THEM TO MAKE A PRELIMINARY
2894-FINDING OF AN AMOUNT CONSTITUTING JUST COMPENSATION FOR THE
2895-TAKING OF THE PROPERTY OF THE RESPONDENTS NAMED IN THE MOTION FOR
2896-VESTING
2897-.
2898-(c) A
2899-FTER MAKING A PRELIMINARY FINDING , THE COMMISSIONERS
2900-SHALL MAKE
2901-, SUBSCRIBE, AND FILE A CERTIFIED REPORT M EETING THE
2902-REQUIREMENTS OF SECTION
2903-38-1-115 WITH THE CLERK OF THE COURT IN
2904-WHICH SUCH PROCEEDINGS OCCUR
2905-.
2906-(d) U
2907-PON THE MOTION OF THE PETITIONER FILED WITHIN FOURTEEN
2908-DAYS OF RECEIPT OF THE NOTICE PROVIDED FOR IN SECTION
2909-38-7.5-103 (1),
2910-THE COURT SHALL REVIEW THE REPORT OF THE COMMISSIONERS , AND, UPON
2911-GOOD CAUSE SHOWN BY THE PETITIONER
2912-, THE COURT MAY ORDER A NEW
2913-REPORT BY THE SAME OR DIFFERENT COMMISSIONERS AND VOID THE REPORT
2914-OBJECTED TO
2915-. THE APPOINTMENT OF ANY NEW COMMISSIONERS AND THE
2916-PREPARATION OF THE NEW REPORT MUST BE DONE IN ACCOR DANCE WITH THE
2917-PROVISIONS OF THIS ARTICLE
2918-7.5.
2919-(6) A
2920- PRELIMINARY FINDING OF JUST COMPENSATION AND ANY
2921-DEPOSIT MADE OR SECURITY PROVIDED PURSUANT THERETO IS NOT
2922-EVIDENCE IN THE FURTHER PROCEEDINGS TO ASCERTAIN THE JUST
2923-COMPENSATION TO BE PAID AND MAY NOT BE DISCLOSED IN ANY MANNER TO
2924-A JURY IMPANELED IN SUCH PROCEEDINGS
2925-.
2926-38-7.5-103. Vesting of title - procedure. (1) W
2927-HEN THE CERTIFIED
2928-REPORT OF THE COMMISSIONERS IS FILED WITH THE CLERK OF THE COURT
2929-,
2930-THE CLERK SHALL NOTIFY ALL PARTIES NAMED IN THE MOTION FOR VESTING
2931-OF THE FILING OF THE REPORT AND OF THE AMOUNT PRELIMINARILY FOUND
2932-TO CONSTITUTE JUST COMPENSATION
2933-.
2934-PAGE 54-HOUSE BILL 24-1172 (2) (a) WITHIN SEVEN DAYS OF RECEIPT OF THE NOTICE DESCRIBED
2935-IN SUBSECTION
2936-(1) OF THIS SECTION, THE PETITIONER SHALL DEPOSIT THE
2937-SUM OF MONEY PRELIMINARILY FOUND TO CONSTITUTE JUST COMPENSATION
2938-BY THE COMMISSIONERS TO THE COURT OR THE CLERK OF THE COURT FOR
2939-THE USE OF THE RESPONDENT NAMED IN THE MOTION FOR VESTING
2940-.
2941-(b) I
2942-F THE PETITIONER HAS FILED A MOTION FOR A NEW REPORT
2943-UNDER SECTION
2944-38-7.5-102 (5) AND THE MOTION IS DENIED, THE DEPOSIT IS
2945-NOT DUE UNTIL SEVEN DAYS FOLLOWING THE COURT
2946-'S RULING ON THE
2947-MOTION
2948-. IF THE MOTION IS GRANTED BY THE COURT , THE CLERK OF THE
2949-COURT SHALL PROVIDE A NEW NOTICE UPON RECEIPT OF THE NEW REPORT
2950-.
2951-(3) (a) U
2952-PON PAYMENT TO THE COURT OR THE CLERK OF THE COURT
2953-OF THE SUM DESCRIBED IN SUBSECTION
2954-(2) OF THIS SECTION BY THE
2955-PETITIONER
2956-, THE COURT SHALL ENTER AN ORDER VESTING IN THE PETITIONER
2957-THE FEE SIMPLE TITLE
2958-, OR SUCH LESSER ESTATE, INTEREST, OR EASEMENT AS
2959-MAY BE REQUIRED
2960-, TO THE PROPERTY AS REQUESTED IN THE MOTION FOR
2961-VESTING ON SUCH DATE AS THE COURT CONSIDERS PROPER
2962-, AND SHALL FIX
2963-A DATE ON WHICH THE PETITIONER IS AUTHORIZED TO TAKE POSSESSION OF
2964-AND TO USE THE PROPERTY
2965-. A CERTIFIED COPY OF THE ORDER MUST BE
2966-RECORDED AND INDEXED IN THE CLERK AND RECORDER
2967-'S OFFICE OF THE
2968-COUNTY IN WHICH THE PROPERTY IS LOCATED IN LIKE MANNER AND WITH
2969-LIKE EFFECT AS IF IT WERE A DEED OF CONVEYANCE FROM THE OWNERS AND
2970-PARTIES INTERESTED TO THE PROPER PARTIES
2971-.
2972-(b) I
2973-F THERE IS MORE THAN ONE PERSON INTERESTED AS OWNER OR
2974-OTHERWISE IN THE PROPERTY AND THEY ARE UNABLE TO AGREE UPON THE
2975-NATURE
2976-, EXTENT, OR VALUE OF THEIR RESPECTIVE INTERESTS IN THE TOTAL
2977-AMOUNT OF COMPENSATION SO ASCERTAINED AND ASSESSED ON AN
2978-UNDIVIDED BASIS
2979-, THE NATURE, EXTENT, OR VALUE OF SAID INTERESTS MUST
2980-BE DETERMINED ACCORDING TO LAW IN A SEPARATE AND SUBSEQUENT
2981-PROCEEDING AND DISTRIBUTION MADE AMONG THE SEVERAL CLAIMANTS
2982-.
2983-(4) A
2984-T THE REQUEST OF ANY AFFECTED PARTY AND UPON A SHOWING
2985-OF UNDUE HARDSHIP OR OTHER GOOD CAUSE
2986-, THE PETITIONER'S AUTHORITY
2987-TO TAKE POSSESSION OF THE PROPER TY MUST BE POSTPONED FOR MORE
2988-THAN FOURTEEN DAYS AFTER THE DATE OF VESTING OF TITLE OR MORE THAN
2989-TWENTY
2990--ONE DAYS AFTER THE ENTRY OF AN ORDER THAT DOES NOT VEST
2991-TITLE IN THE PETITIONER
2992-. IF POSTPONEMENT OCCURS, THE AFFECTED PARTY
2993-SHALL PAY TO THE PETITIONER A REASONABLE RENTAL FOR SUCH PROPERTY
2994-,
2995-PAGE 55-HOUSE BILL 24-1172 THE AMOUNT THEREOF TO BE DETERMINED BY THE COURT .
2996-38-7.5-104. Withdrawals from deposit. (1) U
2997-PON PROPER
2998-APPLICATION TO THE COURT OR BY STIPULATION BETWEEN THE PARTIES
2999-, THE
3000-RESPONDENT MAY WITHDRAW FROM THE SUM DEPOSITED PURSUANT TO
3001-SECTION
3002-38-7.5-103 (2) AN AMOUNT NOT TO EXCEED THREE-FOURTHS OF THE
3003-HIGHEST VALUATION EVIDENCED BY TESTIMONY PRESENTED BY THE
3004-PETITIONER TO THE COMMISSIONERS UNLESS THE PETITIONER AGREES TO A
3005-LARGER WITHDRAWAL
3006-. ALL PARTIES INTERESTED IN THE PROPERTY SOUGHT
3007-TO BE ACQUIRED ARE REQUIRED TO CONSENT AND AGREE TO ANY LARGER
3008-WITHDRAWAL
3009-.
3010-(2) A
3011-NY WITHDRAWAL OF A DEPOSIT IS A PARTIAL PAYMENT OF THE
3012-AMOUNT OF TOTAL COMPENSATION TO BE PAID AND MUST BE DEDUCTED BY
3013-THE CLERK OF THE COURT FROM ANY AWARD OR VERDICT ENTERED
3014-THEREAFTER
3015-.
3016-(3) A
3017-NY PARTY MAKING A WITHDRAWAL OF A DEPOSIT SHALL
3018-REFUND TO THE CLERK OF THE COURT
3019-, UPON THE ENTRY OF A PROPER COURT
3020-ORDER
3021-, ANY PORTION OF THE AMOUNT SO WITHDRAWN WHICH EXCEEDS THE
3022-AMOUNT FINALLY ASCERTAINED IN THE PROCEEDING TO BE JUST
3023-COMPENSATION OR DAMAGES
3024-, COSTS, OR EXPENSES OWING TO THE PARTY.
3025-38-7.5-105. Construction of article. T
3026-HE RIGHT TO TAKE
3027-POSSESSION AND TITLE BEFORE THE FINAL JUDGMENT AS PRESCRIBED IN THIS
3028-ARTICLE
3029-7.5 IS IN ADDITION TO ANY OTHER RIGHT, POWER, OR AUTHORITY
3030-OTHERWISE CONFERRED BY LAW AND MAY NOT BE CONSTRUED AS
3031-ABROGATING
3032-, LIMITING, OR MODIFYING ANY SUCH OTHER RIGHT, POWER, OR
3033-AUTHORITY
3034-, INCLUDING THE RIGHTS, POWERS, AND AUTHORITIES GRANTED
3035-IN ARTICLES
3036-1 TO 7 OF THIS TITLE 38. SHOULD THE PROVISIONS OF THIS
3037-ARTICLE
3038-7.5 BE INVOKED BY ANY PARTY, THE FINAL DETERMINATION OF THE
3039-AMOUNT CONSTITUTING JUST COMP ENSATION MUST BE DETERMINED
3040-PURSUANT TO THE PROVISIONS OF ARTICLE
3041-1 OF THIS TITLE 38.
3042-N
3043-OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE 7.5, A COUNTY
3044-REVITALIZATION AUTHORITY
3045-'S EMINENT DOMAIN AUTHORITY SHALL NOT
3046-EXCEED THAT OF THE COUNTY WHERE THE AUTHORITY IS LOCATED
3047-.
3048-38-7.5-106. Commissioners - other articles. N
3049-OTHING IN THIS
3050-ARTICLE
3051-7.5 PREVENTS A COMMISSIONER APPOINTED UNDER THIS ARTICLE
3052-7.5 FROM BEING APPOINTED PURSUANT TO THE PROVISIONS OF ARTICLES 1 TO
3053-PAGE 56-HOUSE BILL 24-1172 7 OF THIS TITLE 38 IN THE SAME EMINENT DOMAIN PROCEEDING . NOTHING IN
3054-THIS ARTICLE
3055-7.5 PREVENTS THE APPOINTMENT OF A COMMISSIONER , FOR
3056-PURPOSES OF THIS ARTICLE
3057-7.5, WHO HAS PREVIOUSLY BEEN APPOINTED IN
3058-THE SAME PROCEEDING UNDER THE PROVISIONS OF ARTICLE
3059-1 OF THIS TITLE
3060-38.
3061-38-7.5-107. Interest. T
3062-HE PETITIONER SHALL PAY INTEREST AS
3063-PROVIDED IN SECTION
3064-38-1-116; EXCEPT THAT NO INTEREST IS ALLOWED ON
3065-THAT PORTION OF THE AWARD WHICH THE RESPONDENT RECEIVED OR COULD
3066-HAVE RECEIVED AS A PARTIAL PAYMENT BY WITHDRAWAL FROM THE SUM
3067-DEPOSITED BY THE PETITIONER PURSUANT TO SECTION
3068-38-7.5-103 (2).
3069-SECTION 3. In Colorado Revised Statutes, amend 11-58-105 as
3070-follows:
3071-11-58-105. Annual information report. Each issuer of nonrated
3072-public securities issued pursuant to sections 30-31-109 (13), 31-25-107 (9),
3073-and 31-25-807 (3), C.R.S.,
3074- and title 32, C.R.S., shall make public within
3075-sixty days following the end of each of such issuer's fiscal year ending on
3076-or after December 31, 1991, an annual information report or reports with
3077-respect to any of such issuer's nonrated public securities which are
3078-outstanding as of the end of each such fiscal year. Nothing shall preclude
3079-PRECLUDES any issuer not so required by this article THIS ARTICLE 58 from
3080-filing a report pursuant to this article THIS ARTICLE 58.
3081-SECTION 4. In Colorado Revised Statutes, 22-54-112, amend (3)
3082-as follows:
3083-22-54-112. Reports to the state board. (3) (a) If the valuation for
3084-assessment for all or a part of any district has been divided for an urban
3085-renewal area, pursuant to section 31-25-107 (9)(a), C.R.S.,
3086- any report under
3087-this section shall MUST be based upon that portion of the valuation for
3088-assessment under said section 31-25-107 (9)(a)(I), C.R.S., so long as such
3089-THE division remains in effect.
3090-(b) I
3091-F THE VALUATION FOR ASSESSMENT FOR ALL OR A PART OF ANY
3092-DISTRICT HAS BEEN DIVIDED FOR A COUNTY REVITALIZATION AREA
3093-PURSUANT TO SECTION
3094- 30-31-109 (13)(a) ANY REPORT UNDER THIS SECTION
3095-MUST BE BASED UPON THAT PORTION OF THE VALUATION FOR ASSESSMENT
3096-UNDER SECTION
3097- 30-31-109 (13)(a)(I), SO LONG AS THE DIVISION REMAINS IN
3098-PAGE 57-HOUSE BILL 24-1172 EFFECT.
3099-SECTION 5. In Colorado Revised Statutes, 24-46-303, amend (6)
3100-as follows:
3101-24-46-303. Definitions. As used in this part 3, unless the context
3102-otherwise requires:
3103-(6) "Financing entity" means the entity designated by the
3104-commission in connection with its approval of a regional tourism project to
3105-receive and utilize state sales tax increment revenue. A financing entity may
3106-be
3107- A COUNTY REVITALIZATION AUTHORITY CREATED PURSUANT TO ARTICLE
3108-31 OF TITLE 30, a metropolitan district created pursuant to title 32, C.R.S.,
3109-an urban renewal authority created pursuant to part 1 of article 25 of title 31, C.R.S.,
3110- or any regional tourism authority to be formed pursuant to this
3111-part 3.
3112-SECTION 6. In Colorado Revised Statutes, 24-46-304, amend
3113-(2)(d) as follows:
3114-24-46-304. Regional tourism project - application -
3115-requirements. (2) A local government shall submit an application for a
3116-regional tourism project to the Colorado office of economic development
3117-in a form and manner to be determined by the commission. The office shall
3118-provide the commission with each application received after the director's
3119-review pursuant to section 24-46-305. The application shall include, but
3120-need not be limited to, the following:
3121-(d) A discussion of each of the application criteria and how the
3122-project will meet each of the criteria, including an economic analysis
3123-detailing projected economic development, impact on future state sales tax
3124-revenue during and after the financing term, the number of new jobs to be
3125-created by the project by job category as defined by the Colorado
3126-department of labor and employment occupational employment statistics
3127-survey and the wages and, to the extent that it is reasonably possible,
3128-information on health benefits for jobs in each category, market impact,
3129-anticipated regional and in-state competition, the ability to attract
3130-out-of-state tourists, the fiscal impact to local governments within and
3131-adjacent to the regional tourism zone, an analysis of the impact to local
3132-school districts and an estimate of the percentage of total program that the
3133-PAGE 58-HOUSE BILL 24-1172 state will become responsible to fund through the state's share of total
3134-program pursuant to section 22-54-106, C.R.S., in the event that IF THE
3135-COUNTY REVITALIZATION AUTHORITY OR
3136- an urban renewal authority is the
3137-financing entity for the regional tourism project and uses property tax
3138-revenue to finance the project, and any other information reasonably
3139-requested by the commission;
3140-SECTION 7. In Colorado Revised Statutes, 24-46-306, amend
3141-(3)(g) as follows:
3142-24-46-306. Regional tourism authority - board - creation -
3143-powers and duties. (3) Unless limited by the commission's conditions of
3144-approval, each authority shall have all of the powers necessary or
3145-convenient to carry out and effect the purposes and provisions of this part
3146-3, including but not limited to the following powers:
3147-(g) To assign and pledge to any
3148-COUNTY REVITALIZATION
3149-AUTHORITY
3150-, metropolitan district, or urban renewal authority having all or
3151-any portion of the regional tourism zone within its boundaries or service
3152-area the authority's right to receive and utilize state sales tax increment
3153-revenue to support bonds or other financing instruments issued or entered
3154-into by the metropolitan district or urban renewal authority for eligible costs
3155-or to acquire eligible improvements, including but not limited to loans or
3156-funding and reimbursement agreements with developers involved in the
3157-regional tourism project or other third parties;
3158-SECTION 8. In Colorado Revised Statutes, 24-46-308, amend (4)
3159-as follows:
3160-24-46-308. Annual report - audit. (4) If the financing entity is a
3161-COUNTY REVITALIZATION AUTHORITY , A metropolitan district, or an urban
3162-renewal authority, it may comply with the requirements of this section by
3163-submitting to the commission a copy of the report that the metropolitan
3164-district or urban renewal authority is otherwise required to submit to a local
3165-government pursuant to law. Such copy shall
3166- MUST be delivered to the
3167-commission concurrently with the delivery of the annual report and audit
3168-when otherwise required by law.
3169-SECTION 9. In Colorado Revised Statutes, 24-68-102, amend the
3170-introductory portion and (2) as follows:
3171-PAGE 59-HOUSE BILL 24-1172 24-68-102. Definitions. As used in this article ARTICLE 68, unless
3172-the context otherwise requires:
3173-(2) "Local government" means any county, city and county, city, or
3174-town, whether statutory or home rule, acting through its governing body or
3175-any board, commission, or agency thereof having final approval authority
3176-over a site specific development plan, including without limitation
3177- any
3178-legally empowered
3179-COUNTY REVITALIZATION AUTHORITY OR urban renewal
3180-authority.
3181-SECTION 10. In Colorado Revised Statutes, 29-25-108, amend
3182-(1)(c) as follows:
3183-29-25-108. Board of directors - duties. (1) (c) If more than
3184-one-half of the property located within the district is also located within
3185-A
3186-COUNTY REVITALIZATION AREA
3187-, an urban renewal area, a downtown
3188-development authority, or a general improvement district, the governing
3189-body may, at any time, provide by ordinance that the governing body of the
3190-COUNTY REVITALIZATION AUTHORITY , urban renewal authority, downtown
3191-development authority, or general improvement district shall constitute ex
3192-officio the board of directors of the district. In such event, the officers of
3193-such entity shall be
3194- ARE ex officio the officers of the board. A quorum of
3195-the board of directors of such entity shall constitute CONSTITUTES a quorum
3196-of the board.
3197-SECTION 11. In Colorado Revised Statutes, 31-30-1102, amend
3198-(7.5) as follows:
3199-31-30-1102. Definitions. As used in this part 11, unless the context
3200-otherwise requires:
3201-(7.5) "Previous net valuation" means an amount equal to the total
3202-valuation for assessment certified by the county assessor pursuant to section
3203-39-5-128, C.R.S.,
3204- and amended pursuant to section 39-1-111 (5), C.R.S.,
3205-less the valuation for assessment that has been divided for THE COUNTY
3206-REVITALIZATION AREA PURSUANT TO SECTION
3207- 30-31-109 (13), an urban
3208-renewal area pursuant to section 31-25-107 (9), or for
3209- a downtown
3210-development authority pursuant to section 31-25-807 (3) for the property
3211-tax year in which the municipality or district made a contribution to the
3212-fund. If the total valuation for assessment certified by the county assessor,
3213-PAGE 60-HOUSE BILL 24-1172 as amended, does not include the valuation for assessment that has been
3214-divided for an urban renewal area, such urban renewal valuation for
3215-assessment shall not be subtracted from the total valuation for assessment.
3216-SECTION 12. In Colorado Revised Statutes, 32-9-119.8, amend
3217-(1)(a.3) as follows:
3218-32-9-119.8. Provision of retail and commercial goods and
3219-services at district transfer facilities - residential and other uses at
3220-district transfer facilities permitted - definitions. (1) As used in this
3221-section, unless the context otherwise requires:
3222-(a.3) "Public entity" includes, but is not limited to, a public body, as
3223-that term is defined in section 32-9-103 (11), and any other governmental
3224-entity, agency, or official, including
3225-A COUNTY REVITALIZATION AUTHORITY ,
3226-an urban renewal authority, and the department of transportation.
3227-SECTION 13. In Colorado Revised Statutes, 32-11-104, amend
3228-(46)(a) as follows:
3229-32-11-104. Definitions. As used in this article 11, unless the context
3230-otherwise requires:
3231-(46) (a) "Public body" means the state of Colorado or any agency,
3232-instrumentality, or corporation thereof, or any county, municipality,
3233-corporate district, housing authority,
3234-COUNTY REVITALIZATION AUTHORITY ,
3235-urban renewal authority, other type of authority, the regents of the
3236-university of Colorado, the state board for community colleges and
3237-occupational education, or any other body corporate and politic and political
3238-subdivision of the state.
3239-SECTION 14. In Colorado Revised Statutes, 38-1-101, amend
3240-(5)(b) as follows:
3241-38-1-101. Compensation - public use - commission - jury - court
3242-- prohibition on elimination of nonconforming uses or nonconforming
3243-property design by amortization - limitation on extraterritorial
3244-condemnation by municipalities - definitions. (5) For purposes of this
3245-section, unless the context otherwise requires:
3246-PAGE 61-HOUSE BILL 24-1172 (b) "Political subdivision" means a county; city and county; city;
3247-town; service authority; school district; local improvement district; law
3248-enforcement authority;
3249-COUNTY REVITALIZATION AUTHORITY ; urban renewal
3250-authority; city or county housing authority; water, sanitation, fire protection,
3251-metropolitan, irrigation, drainage, or other special district; or any other kind
3252-of municipal, quasi-municipal, or public corporation organized pursuant to
3253-law.
3254-SECTION 15. In Colorado Revised Statutes, 38-1-202, amend
3255-(1)(f)(XLI) and (1)(f)(XLII); and add (1)(f)(XLIII) as follows:
3256-38-1-202. Governmental entities, corporations, and persons
3257-authorized to use eminent domain. (1) The following governmental
3258-entities, types of governmental entities, and public corporations, in
3259-accordance with all procedural and other requirements specified in this
3260-article 1 and articles 2 to 7 of this title 38 and to the extent and within any
3261-time frame specified in the applicable authorizing statute, may exercise the
3262-power of eminent domain:
3263-(f) The following types of single purpose districts, special districts,
3264-authorities, boards, commissions, and other governmental entities that serve
3265-limited governmental purposes or that may exercise eminent domain for
3266-limited purposes:
3267-(XLI) The front range passenger rail district created in section
3268-32-22-103 (1), as authorized in section 32-22-106 (1)(k); and
3269-(XLII) The Colorado electric transmission authority created in
3270-section 40-42-103 (1) as authorized in section 40-42-104 (1)(p);
3271-AND
3272-(XLIII) A COUNTY REVITALIZATION AUTHORITY CREATED PURS UANT
3273-TO SECTION
3274-30-31-104 AND IN ACCORDANCE WITH THE VESTING
3275-REQUIREMENTS SPECIFIED IN ARTICLE
3276-7 OF THIS TITLE 38;
3277-SECTION 16. In Colorado Revised Statutes, 39-1-111, amend (4)
3278-as follows:
3279-39-1-111. Taxes levied by board of county commissioners.
3280-(4) (a) If the valuation for assessment for all or any part of any body
3281-authorized to levy taxes has been divided for an urban renewal area,
3282-PAGE 62-HOUSE BILL 24-1172 pursuant to section 31-25-107 (9)(a), C.R.S., the board of county
3283-commissioners shall make the same levy on the portion of valuation for
3284-assessment divided under subparagraph (II) as under subparagraph (I) of
3285-said section 31-25-107 (9)(a), C.R.S., SECTION 31-25-107 (9)(a)(II) AS
3286-UNDER SECTION
3287- 31-25-107 (9)(a)(I) for payment of taxes according to the
3288-provisions of said
3289- SECTION 31-25-107 (9)(a), so long as said THE division
3290-remains in effect.
3291-(b) I
3292-F THE VALUATION FOR ASSESSMENT FOR ALL OR ANY PART OF
3293-ANY BODY AUTHORIZED TO LEVY TAXES HAS BEEN DIVIDED FOR A COUNTY
3294-REVITALIZATION AREA
3295-, PURSUANT TO SECTION 30-31-109 (13)(a), THE
3296-BOARD OF COUNTY COMMISSIONERS SHALL MAKE THE SAME LEVY ON THE
3297-PORTION OF VALUATION FOR ASSESSMENT DIVIDED UNDER SECTION
3298-30-31-109 (13)(a)(II) AS UNDER SECTION 30-31-109 (13)(a)(I) FOR PAYMENT
3299-OF TAXES ACCORDING TO THE PROVISIONS OF SECTION
3300- 30-31-109 (13)(a), SO
3301-LONG AS THE DIVISION REMAINS IN EFFECT
3302-.
3303-SECTION 17. In Colorado Revised Statutes, 39-5-128, amend (3)
3304-as follows:
3305-39-5-128. Certification of valuation for assessment. (3) (a) If the
3306-valuation for assessment for all or part of any such political subdivision has
3307-been divided for an urban renewal area, pursuant to section 31-25-107
3308-(9)(a), C.R.S.,
3309- any certification under this section shall MUST be based upon
3310-that portion of the valuation for assessment under subparagraph (I) of said
3311-section 31-25-107 (9)(a), C.R.S., SECTION 31-25-107 (9)(a)(I) so long as
3312-such THE division remains in effect.
3313-(b) I
3314-F THE VALUATION FOR ASSESSMENT FOR ALL OR PART OF ANY
3315-SUCH POLITICAL SUBDIVISION HAS BEEN DIVIDED FOR A COUNTY
3316-REVITALIZATION AREA
3317-, PURSUANT TO SECTION 30-31-109 (13)(a), ANY
3318-CERTIFICATION UNDER THIS SECTION MUST BE BASED UPON THAT PORTION
3319-OF THE VALUATION FOR ASSESSMENT UNDER SECTION
3320- 30-31-109 (13)(a)(I),
3321-SO LONG AS THE DIVISION REMAINS IN EFFECT.
3322-SECTION 18. In Colorado Revised Statutes, 39-5-132, amend (7)
3323-as follows:
3324-39-5-132. Assessment and taxation of new construction.
3325-(7) Nothing in this section shall be construed to affect
3326- AFFECTS tax
3327-PAGE 63-HOUSE BILL 24-1172 increment financing as said financing is implemented pursuant to sections
3328-31-25-107 (9), 30-31-109 (13), and 31-25-807 (3), C.R.S., nor the
3329-distribution of specific ownership taxes pursuant to section 42-3-107 (24).
3330-C.R.S.
3331-SECTION 19. Act subject to petition - effective date. This act
3332-takes effect at 12:01 a.m. on the day following the expiration of the
3333-ninety-day period after final adjournment of the general assembly; except
3334-that, if a referendum petition is filed pursuant to section 1 (3) of article V
3335-of the state constitution against this act or an item, section, or part of this act
3336-within such period, then the act, item, section, or part will not take effect
3337-unless approved by the people at the general election to be held in
3338-PAGE 64-HOUSE BILL 24-1172 November 2024 and, in such case, will take effect on the date of the official
3339-declaration of the vote thereon by the governor.
3340-____________________________ ____________________________
3341-Julie McCluskie Steve Fenberg
3342-SPEAKER OF THE HOUSE PRESIDENT OF
3343-OF REPRESENTATIVES THE SENATE
3344-____________________________ ____________________________
3345-Robin Jones Cindi L. Markwell
3346-CHIEF CLERK OF THE HOUSE SECRETARY OF
3347-OF REPRESENTATIVES THE SENATE
3348- APPROVED________________________________________
3349- (Date and Time)
3350- _________________________________________
3351- Jared S. Polis
3352- GOVERNOR OF THE STATE OF COLORADO
3353-PAGE 65-HOUSE BILL 24-1172
2707+F THE VALUATION FOR ASSESSMENT FOR ALL OR PART OF ANY25
2708+SUCH POLITICAL SUBDIVISION HAS BEEN DIVIDED FOR A COUNTY26
2709+REVITALIZATION AREA, PURSUANT TO SECTION
2710+30-31-109 (13)(a), ANY27
2711+1172
2712+-82- CERTIFICATION UNDER THIS SECTION MUST BE BASED UPON THAT PORTION1
2713+OF THE VALUATION FOR ASSESSMENT UNDER SECTION 30-31-1092
2714+(13)(a)(I), SO LONG AS THE DIVISION REMAINS IN EFFECT.3
2715+SECTION 18. In Colorado Revised Statutes, 39-5-132, amend4
2716+(7) as follows:5
2717+39-5-132. Assessment and taxation of new construction.6
2718+(7) Nothing in this section shall be construed to affect AFFECTS tax7
2719+increment financing as said financing is implemented pursuant to sections8
2720+31-25-107 (9), 30-31-109 (13), and 31-25-807 (3), C.R.S., nor the9
2721+distribution of specific ownership taxes pursuant to section 42-3-107 (24).10
2722+C.R.S.11
2723+SECTION 19. Act subject to petition - effective date. This act12
2724+takes effect at 12:01 a.m. on the day following the expiration of the13
2725+ninety-day period after final adjournment of the general assembly; except14
2726+that, if a referendum petition is filed pursuant to section 1 (3) of article V15
2727+of the state constitution against this act or an item, section, or part of this16
2728+act within such period, then the act, item, section, or part will not take17
2729+effect unless approved by the people at the general election to be held in18
2730+November 2024 and, in such case, will take effect on the date of the19
2731+official declaration of the vote thereon by the governor.20
2732+1172
2733+-83-