§ 29-25-101. Short Title
This article shall be known and may be cited as the “Local Marketing District Act”. Source: L. 98: Entire article added, p. 1079, § 1, effective September 1.
§ 29-25-102. Legislative Declaration
The general assembly declares that the organization of local marketing districts having the purposes and powers provided in this article will serve a public purpose; will promote the health, safety, prosperity, security, and general welfare of the inhabitants thereof, the property owners therein, and all the people of the state; will promote the continued vitality […]
§ 29-25-103. Definitions
As used in this article, unless the context otherwise requires: “Board” means the board of directors of a local marketing district. “Combination” means any two or more local governments. “District” means a local marketing district formed under the provisions of this article. “Local government” means any county, city and county, or municipality. “Operating plan” means […]
§ 29-25-104. Authority of Governing Body
The governing body of each local government is hereby vested with jurisdiction to create and establish one or more districts pursuant to the provisions of this article, and such districts shall have all the powers provided in this article that are authorized by the ordinance, resolution, or contract creating the district, or any amendment thereto. […]
§ 29-25-105. Organization and Creation – Notice of Hearing
The organization of a district shall be initiated by a petition filed in the office of the clerk of the governing body. If such petition is to initiate the organization of a district by a combination, such petition shall be filed in the office of the clerk of each governing body to be included in […]
§ 29-25-106. Hearing – Findings – When Action Barred
On the date fixed for any hearing or at any adjournment thereof, the governing body or governing bodies of each member of the combination shall ascertain, from the tax rolls of where the district is located, the total valuation for assessment of the taxable real and personal property in the service area. If it appears […]
§ 29-25-107. Boundaries – Exclusion Proviso
The boundaries of a district may consist of contiguous or noncontiguous tracts or parcels of property. Source: L. 98: Entire article added, p. 1084, § 1, effective September 1.
§ 29-25-108. Board of Directors – Duties
Except as otherwise provided in this subsection (1), if the governing body of a single local government creates the district, such governing body shall constitute ex officio the board of directors of the district. In such event, the presiding officer of the governing body shall be ex officio the presiding officer of the board, the […]
§ 29-25-109. Meetings
Upon notice to each member of the board, the board shall hold meetings which shall be held in a place to be designated by the board as often as the needs of the district require. The meetings of the board shall be subject to the provisions of part 4 of article 6 of title 24, […]
§ 29-25-110. Approval of Actions by Local Government or Members of Combination
No district created under the provisions of this article shall levy a marketing and promotion tax or provide services unless the local government or each member of the combination has approved an operating plan for the district. The operating plan shall specifically identify the services to be provided by the district, any marketing and promotion […]
§ 29-25-111. General Powers of District
The district has the following powers, except as limited by the operating plan: To have perpetual existence; To have and use a corporate seal; To sue and be sued and be a party to suits, actions, and proceedings; To enter into contracts and agreements, except as otherwise provided in this article, affecting the affairs of […]
§ 29-25-112. Power to Levy Marketing and Promotion Tax
In addition to any other means of providing revenue for a district, the board has the power within the district to levy a marketing and promotion tax on the purchase price paid or charged to persons for rooms or accommodations as included in the definition of “sale” in section 39-26-102 (11), C.R.S. Such tax shall […]
§ 29-25-113. Inclusion or Exclusion – Petition – Notice – Hearing
The boundaries of any district organized under the provisions of this article may be changed in the manner prescribed in this section, but the change of boundaries of the district shall not impair or affect its organization or its rights in or to property or any of its rights or privileges whatsoever, nor shall it […]
§ 29-25-114. Confirmation of Contract Proceedings
In its discretion, the board may file a petition at any time in the district court in and for any county in which the district is located praying for a judicial examination and determination of any power conferred, or of any taxes or service charges levied or otherwise made or contracted to be levied or […]
§ 29-25-115. Dissolution Procedure
Any district organized pursuant to this article may be dissolved pursuant to the resolution, ordinance, or contract creating the district or pursuant to the provisions of this section. Under this section, any such district may be dissolved after notice is given, publication is made, and a hearing is held in the manner prescribed by sections […]
§ 29-25-116. Correction of Faulty Notices
In any case that a notice is provided for in this article in which the governing body or bodies find for any reason that due notice was not given, the governing body or bodies shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated; however, the governing […]
§ 29-25-117. Department of Transportation and Local Jurisdiction Unimpaired
Nothing in this article shall affect or impair the control and jurisdiction that the department of transportation has over streets and highways that are part of the state highway system or that a county, city and county, or municipality has over all property within its boundaries. All powers granted by this article shall be subject […]
§ 29-25-118. Method Not Exclusive
Nothing in this article shall repeal or affect any other law or any part thereof, it being intended that this article shall provide a separate method of accomplishing its objectives and not an exclusive one. Source: L. 98: Entire article added, p. 1092, § 1, effective September 1.