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Colorado Statutes, Title 29

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Title 29, Government - Local

0 chapters · 640 sections in this title.

All chapters in Title 29640 Ch 4147 Ch 183 Ch 843 Ch 542 Ch 2036 Ch 234 Ch 3530 Ch 323 Ch 2518 Ch 1115 Ch 2315 Ch 11.815 Ch 2713 Ch 1512

640 sections·Filtered byTitle 29✕

Colo. Rev. Stat. § 29-4-1101 Short title
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The short title of this part 11 is the "Middle-income Housing Authority Act". Source: L. 2022: Entire part added, (SB 22-232), ch. 354, p. 2516, § 2, effective June 3.
Colo. Rev. Stat. § 29-4-1102 Legislative declaration
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(1) The general assembly finds and declares that: (a) There is an acute shortage of affordable middle-income housing in the state, particularly in fast-growing areas where jobs are being created. Housing is increasingly not affordable for essential workers such as nurses, teacher…
Colo. Rev. Stat. § 29-4-1103 Definitions
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As used in this part 11, unless the context otherwise requires: (1) "Affordable rental housing component" means the property and activities included in a public-private partnership that are part of an affordable rental housing project or are related to providing housing assistanc…
Colo. Rev. Stat. § 29-4-1104 Middle-income housing authority - creation - board of directors - meetings - records - tax exempt - audit - report
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(1) There is created the middle-income housing authority, which is a body corporate and a political subdivision of the state, which shall not be an agency of state government, and shall not be subject to administrative direction by any department, commission, board, bureau, or ag…

Colo. Rev. Stat. § 29-4-1105 General powers

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(1) In addition to any other powers granted to the authority in this part 11, the authority has the following powers: (a) To have the duties, privileges, immunities, rights, liabilities, and disabilities of a body corporate and political subdivision of the state; (b) To have perp…

Colo. Rev. Stat. § 29-4-1106 Additional powers - affordable workforce housing projects

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(1) In addition to the powers specified in section 29-4-1105, the authority has the following powers: (a) To acquire, construct, rehabilitate, own, operate, and finance affordable rental housing projects; (b) To consult with a qualified nonprofit organization, county, municipalit…

Colo. Rev. Stat. § 29-4-1107 Powers of the board - selection of projects - ownership - report

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(1) (a) On or before April 1, 2023, the authority shall publish the first solicitation for proposals as part of an initial pilot program and must complete the review and selection process on or before July 1, 2023, in accordance with the requirements set forth in this section. Th…

Colo. Rev. Stat. § 29-4-1108 Relationship of authority and other jurisdictions

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(1) The provision of affordable rental housing by the authority is a matter of statewide concern and therefore each county, municipality, or special district in which an affordable rental housing project is located, in connection with the project, shall provide governmental servi…

Colo. Rev. Stat. § 29-4-1109 Bonds

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(1) (a) The authority may issue bonds to finance its affordable rental housing projects, to finance the affordable rental housing component in a public-private partnership, or to accomplish or further any of its powers or duties relating to affordable rental housing projects. (b)…

Colo. Rev. Stat. § 29-4-111 Bonds not secured by taxes authorized by resolution

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(1) The council may authorize the issuance of bonds not payable from or additionally secured by taxes by a resolution which shall state in substance: (a) The amount or maximum amount of bonds to be issued; (b) The housing projects for the financing of which such bonds are to be i…

Colo. Rev. Stat. § 29-4-1110 Agreement of the state not to limit or alter rights of obligees

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The state pledges and agrees with the holders of any bonds issued under this part 11 and with those parties who enter into contracts with the authority that the state will not impair the rights vested in the authority or the rights or obligations of any person with which the auth…

Colo. Rev. Stat. § 29-4-1111 Issuance of funds to the authority

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On July 1, 2022, the state treasurer shall issue to the authority a warrant paid from the general fund in an amount equal to one million dollars for use by the authority consistent with the provisions of this part 11. Source: L. 2022: Entire part added, (SB 22-232), ch. 354, p. 2…

Colo. Rev. Stat. § 29-4-1112 No action maintainable

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An action or proceeding at law or in equity to review any acts or proceedings or to question the validity or enjoin the performance of any act or proceedings or the issuance of any bonds or for any other relief against or from any acts or proceedings done under this part 11, whet…

Colo. Rev. Stat. § 29-4-1113 Judicial examination of powers, acts, proceedings, or contracts of the authority

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In its discretion, the board may file a petition at any time in the district court in and for any county in which the authority is located wholly or in part, or in which the authority intends to conduct activities, seeking a judicial examination and determination of any power con…

Colo. Rev. Stat. § 29-4-1114 This part 11 not a limitation of powers

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Nothing in this part 11 constitutes a restriction or limitation upon any other powers that the authority might otherwise have under any other law of the state, and this part 11 is cumulative to any such powers. This part 11 does and is construed to provide a complete, additional,…

Colo. Rev. Stat. § 29-4-1115 Construction of this part 11

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The grant of authority pursuant to this part 11 is in addition to all other authority provided by law. Nothing in this part 11 limits the authority of the state, a local government, or a political subdivision of the state, including the Colorado housing and finance authority crea…

Colo. Rev. Stat. § 29-4-112 Tax resolution - payment of bonds

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(1) Before delivering any bonds payable from or additionally secured by taxes and authorized to be issued pursuant to this part 1, the council shall adopt a resolution, referred to in this part 1 as the "tax resolution", which shall recite in substance that adequate provision wil…

Colo. Rev. Stat. § 29-4-113 Form of bonds - rate of interest

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(1) The bonds of the city shall be issued in one or more series and shall bear such dates, bear interest at such rates, be in such denominations which may be made interchangeable, be in such form, either coupon or registered, carry such registration privileges, be executed in suc…

Colo. Rev. Stat. § 29-4-114 Provisions of bonds, mortgages, or trust indentures

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(1) In connection with the issuance of bonds or the incurring of any obligations under a lease, and in order to secure the payment of such bonds or obligations, the city has power: (a) To pledge by resolution, trust indenture, mortgage subject to the limitations imposed in this p…

Colo. Rev. Stat. § 29-4-115 Mortgage when financed by government

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(1) In connection with any housing project financed in whole or in part by a government, every city also has power to mortgage all or any part of such housing project, the construction of which was financed with the proceeds of its bonds or with such proceeds supplemented by the …

Colo. Rev. Stat. § 29-4-116 Remedies of an obligee of city

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(1) Any obligee of the city has the right, in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee: (a) By mandamus, suit, action, or proceeding in law or equity, all of which may be joined in …

Colo. Rev. Stat. § 29-4-117 Additional remedies

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(1) Any city has power by its trust indenture, mortgage, lease, or other contract relating to a housing project to confer upon any obligee holding or representing a specified amount in bonds, leases, or other obligations, the right, in the event of default, as defined in such ins…

Colo. Rev. Stat. § 29-4-118 Remedies cumulative

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All the rights and remedies conferred by this part 1 shall be cumulative and in addition to all other rights and remedies that are conferred upon such obligee of the city by law or by any agreement with the city. Source: L. 35: p. 519, § 19. CSA: C. 82, § 22. CRS 53: § 69-2-18. C…

Colo. Rev. Stat. § 29-4-119 Limitations on remedies of obligee

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No interest of the city in any housing project shall be subject to sale by the foreclosure of a mortgage thereon either through judicial proceedings or the exercise of a power of sale contained in such mortgage except in the case of mortgages not provided for in section 29-4-115.…

Colo. Rev. Stat. § 29-4-120 Foreclosure sale subject to government agreement

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Notwithstanding anything in this part 1 to the contrary, any purchaser at a sale of real or personal property constituting part of a housing project of a city pursuant to any foreclosure of a mortgage of the city shall obtain title subject to any contract between the authority an…

Colo. Rev. Stat. § 29-4-1201 Definitions

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As used in this part 12, unless the context otherwise requires: (1) "Affordable housing financial assistance" means loans, grants, equity, bonds, or tax credits provided to a multifamily rental property from any source to support the creation, preservation, or rehabilitation of a…

Colo. Rev. Stat. § 29-4-1202 Right of first refusal - eligibility - process - notice - tolling - definition

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(1) Definition of qualifying property. As used in this section, unless the context otherwise requires, "qualifying property" means a multifamily residential or mixed-use rental property consisting of not less than five units that is existing affordable housing, excluding a mobile…

Colo. Rev. Stat. § 29-4-1203 Right of first offer - eligibility - process - notice - definition

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(1) Definition of qualifying property. As used in this section, unless the context otherwise requires, "qualifying property" means a multifamily residential or mixed-use rental property consisting of not more than one hundred units and not less than fifteen units and excluding ex…

Colo. Rev. Stat. § 29-4-1204 General provisions applicable to a local government's right of first refusal and right of first offer

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(1) Nothing in this part 12 requires a local government to exercise its right of first refusal set forth in section 29-4-1202 or its right of first offer set forth in section 29-4-1203 and a local government must promptly notify a residential seller of its intent not to exercise …

Colo. Rev. Stat. § 29-4-1205 Exemptions

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(1) This part 12 does not apply to any sale, transfer, or conveyance of an applicable qualifying property by a residential seller: (a) Made to, if wholly or majority owned, directly or indirectly, by, beneficially held, all or in part, in common with, or under common ownership or…

Colo. Rev. Stat. § 29-4-1206 Remedies for noncompliance

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(1) (a) Notwithstanding subsection (1)(b) of this section and subject to the availability of resources, it is the responsibility of the attorney general's office to enforce the provisions of this part 12, and the attorney general may intervene in any action brought pursuant to su…

Colo. Rev. Stat. § 29-4-1207 Termination of right of first refusal and right of first offer

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The rights of first refusal and first offer established in this part 12 terminate on December 31, 2029. A residential seller is not required to provide notices required pursuant to this part 12 after December 31, 2029, and a local government shall not exercise the right of first …

Colo. Rev. Stat. § 29-4-1208 Repeal of part

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This part 12 is repealed, effective July 1, 2031. Source: L. 2024: Entire part added, (HB 24-1175), ch. 286, p. 1918, § 1, effective August 7. MISCELLANEOUS

Colo. Rev. Stat. § 29-4-121 Action by resolution

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Except as otherwise provided in this part 1, all action required or authorized to be taken under this part 1 by the council of any city may be by resolution adopted by a majority of all the members of such council, which resolution may be adopted at the meeting of the council at …

Colo. Rev. Stat. § 29-4-122 Tax exemptions

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(1) In connection with any housing project, the city shall be exempt from the payment of any taxes or fees to the state or any subdivision thereof, or to any officer or employee of the state or any subdivision thereof. The property of the city constituting a part of any housing p…

Colo. Rev. Stat. § 29-4-123 Supplemental nature of article

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The powers conferred by this part 1 shall be in addition and supplemental to the powers conferred by any other law and not in substitution for the powers conferred by any other law. Bonds may be issued under this part 1 for any housing project notwithstanding that any other law m…

Colo. Rev. Stat. § 29-4-201 Short title

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This part 2 shall be known and may be cited as the "Housing Authorities Law". Source: L. 35: p. 523, § 1. CSA: C. 82, § 29. CRS 53: § 69-3-1. C.R.S. 1963: § 69-3-1. ANNOTATION Law reviews. For article, "Legality of the Denver Housing Authority", see 12 Rocky Mt. L. Rev. 30 (1939)…

Colo. Rev. Stat. § 29-4-202 Legislative declaration

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(1) It is hereby declared: (a) That unsanitary or unsafe dwelling accommodations exist in various cities and that such unsafe or unsanitary conditions arise from overcrowding and concentration of population, the obsolete and poor condition of buildings, improper planning, excessi…

Colo. Rev. Stat. § 29-4-203 Definitions

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As used in this part 2, unless the context otherwise requires: (1) "Authority" or "housing authority" means a corporate body organized in accordance with the provisions of this part 2 for the purposes, with the powers, and subject to the restrictions set forth in this part 2. (2)…

Colo. Rev. Stat. § 29-4-204 Petition for creation of authority - notice - hearing

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(1) Any twenty-five residents of the city may file a petition with the city clerk setting forth that there is a need for an authority to function in the city. Upon the filing of such a petition, the city clerk shall give notice of the time, place, and purposes of a public hearing…

Colo. Rev. Stat. § 29-4-205 Appointment of commissioners

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(1) The authority shall consist of commissioners selected by the council in the manner provided in either subsection (2) or (3) of this section. (2) The council may provide that all members of the governing body of the city shall ex officio be appointed the commissioners of the a…

Colo. Rev. Stat. § 29-4-206 Duty of the authority and commissioners

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The authority and its commissioners are under a statutory duty to comply or to cause strict compliance with all provisions of this part 2 and the laws of the state of Colorado, and, in addition thereto, with each term, provision, and covenant in any contract, on the part of the a…

Colo. Rev. Stat. § 29-4-207 Interested commissioners or employees

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No commissioner or employee of an authority shall acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, nor shall he have any interest, direct or indirect, in any contract or proposed contract for materials …

Colo. Rev. Stat. § 29-4-208 Removal of commissioners

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(1) The mayor may remove a commissioner for inefficiency or neglect of duty or misconduct in office, but only after the commissioner has been given a copy of the charges, which may be made by the mayor against him and has had an opportunity to be heard in person or by counsel. (2…

Colo. Rev. Stat. § 29-4-209 Powers of authority

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(1) An authority shall constitute a body both corporate and politic, exercising public powers and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part 2, including the following powers in addition to others granted in …

Colo. Rev. Stat. § 29-4-210 Rentals and tenant selection

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(1) In the operation or management of housing projects, any housing authority at all times shall observe the following duties with respect to rentals and tenant selection: (a) It may rent or lease dwelling accommodations therein only to persons of low income, being persons receiv…

Colo. Rev. Stat. § 29-4-211 Eminent domain

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(1) The authority has the right to acquire by eminent domain any property, real or personal, which it may deem necessary to carry out the purposes of this part 2 after the adoption by it of a resolution declaring that the acquisition of the property described therein is in the pu…

Colo. Rev. Stat. § 29-4-212 Acquisition of land for government

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The authority may acquire by purchase or by the exercise of its power of eminent domain any property, real or personal, which it may deem necessary for any project being constructed or operated by a government. The authority, upon such terms and conditions as it determines, may c…

Colo. Rev. Stat. § 29-4-213 Zoning and building laws

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All projects of an authority are subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the project is situated. Source: L. 35: p. 538, § 13. CSA: C. 82, § 41. CRS 53: § 69-3-13. C.R.S. 1963: § 69-3-13.

Colo. Rev. Stat. § 29-4-214 Types of bonds

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(1) The authority has the power and is authorized from time to time in its discretion to issue for any of its corporate purposes: (a) Bonds on which the principal and interest are payable: (I) Exclusively from the income and revenues of the project financed with the proceeds of s…