(1) The affairs of the authority shall be under the direct supervision and control of a board consisting of not less than five nor more than eleven members appointed by the governing body; except that for any twenty-year extension period pursuant to section 31-25-807 (3)(a)(V), the affairs of the authority shall be under the direct supervision and control of a board consisting of not less than nine and no more than thirteen members, with two members appointed by the entities identified in subsection (2)(a)(II) of this section and all remaining members appointed by the governing body. A majority of the members appointed shall reside or own property in the authority district.
(2) The board shall be constituted as follows:
(a) (I) At least one member shall be a member of the governing body, appointed to serve at the pleasure of the governing body; and
(II) For any twenty-year extension period pursuant to section 31-25-807 (3)(a)(V), one member shall be a member of the board of county commissioners of the county in which the authority district is located, appointed to serve at the pleasure of the board of county commissioners. If the authority district is located in more than one county, the appointment is by an agreement of all the counties in which the authority district is located. If the appointing county is a city and county, the requirement for a county-appointed board member pursuant to this subsection (2)(a)(II) does not apply. In addition, one member shall be a member of the of the school district board of education of the school district in which the authority district is located, appointed to serve at the pleasure of the school district board of education. If a county or school district does not appoint a member of the board, then the county or school district appointment remains vacant until the applicable appointing authority makes the appointment pursuant to this subsection (2)(a)(II).
(b) Two members shall be appointed for terms expiring June 30 of the year following the date of the ordinance adopted by the governing body establishing the authority.
(c) Two members shall be appointed for terms expiring June 30 of the second year following the date of the ordinance adopted by the governing body establishing the authority.
(d) Two members, if the board consists of seven or more members, shall be appointed for terms expiring June 30 of the third year following the date of the ordinance adopted by the governing body establishing the authority.
(e) All other members shall be appointed for terms expiring June 30 of the fourth year following the date of the ordinance adopted by the governing body establishing the authority.
(3) A member shall hold office until his successor has been appointed and qualified. After the terms of the initial members of the board have expired, the terms of all members (except any member who is a member of the governing body) shall expire four years from the expiration date of the terms of their predecessors. Appointments to fill vacancies shall be for the unexpired term. In any municipality in which the charter provides that the appointive authority is the mayor, the mayor shall make appointments to the board.
Source: L. 76: Entire part added, p. 703, � 1, effective April 26. L. 2023: (1) and (2)(a) amended, (SB 23-175), ch. 331, p. 1983, � 1, effective August 7.
31-25-806. Board membership - qualifications - nominations - rules - removal. (1) Each appointed member of the board, except any member from the governing body, shall reside, be a business lessee, or own real property in the downtown development district within the municipality in which the authority is located. A manager, as that term is defined in section 7-90-102, C.R.S., an agent, or an employee of an entity, as that term is defined in section 7-90-102, C.R.S., having its place of business in the downtown development district shall be eligible for appointment to the board. No officer or employee of the municipality where the authority is located, other than any appointee from the governing body, shall be eligible for appointment to the board. Within thirty days after the occurrence of a vacancy, the governing body, except as provided in section 31-25-805 (3), shall appoint a successor.
(2) Before assuming the duties of the office, each appointed member shall qualify by taking and subscribing to the oath of office required of officials of the municipality.
(3) The board shall adopt and promulgate rules governing its procedure, including election of officers, and said rules shall be filed in the office of the clerk. The board shall hold regular meetings in the manner provided in the rules of the board. Special meetings may be held when called in the manner provided in the rules of the board. All meetings of the board shall be open to the public except those dealing with land acquisition or sales, personnel matters, or legal matters. Members of the board shall serve without compensation, but they may be reimbursed for actual and necessary expenses.
(4) After notice and an opportunity to be heard, an appointed member of the board may be removed for cause by the governing body.
Source: L. 76: Entire part added, p. 703, � 1, effective April 26. L. 2009: (1) amended, (HB 09-1248), ch. 252, p. 1136, � 22, effective May 14.