C.R.S. Section 29-4-209
Powers of authority


(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 this section:

(a)

To investigate living, dwelling, and housing conditions and the means and methods of improving such conditions;

(b)

To determine where unsafe, unsanitary, or substandard dwelling or housing conditions exist;

(c)

To study and make recommendations concerning the city plan in relation to the problem of clearing, replanning, and reconstruction of areas in which unsafe, unsanitary, or substandard dwelling or housing conditions exist, and the providing of dwelling accommodations for persons of low income, and to cooperate with any city or regional planning agency;

(d)

To prepare, carry out, and operate projects and to provide for the construction, reconstruction, improvement, alteration, or repair of any project or any part thereof;

(d.3)

To grant or lend moneys or otherwise provide financing to any person, firm, corporation, the city, or a government for any project or any part thereof;

(d.5)

To pledge or otherwise encumber any of its moneys in support of or in connection with a project;

(d.7)

To establish entities controlled by the authority that may own, operate, act, invest in as a partner or other participant, or take any and all steps necessary or convenient to undertake or otherwise develop a project;

(e)

To take over by purchase, lease, or otherwise any project undertaken by any government or by the city;

(f)

To manage as agent of the city any project constructed or owned by the city;

(g)

To act as agent for the federal government in connection with the acquisition, construction, operation, or management of a project or any part thereof;

(h)

To arrange with the city or with a government for the furnishing, planning, replanning, opening, or closing of streets, roads, roadways, alleys, or other places or facilities for the acquisition by the city or a government of property, options, or property rights, or for the furnishing of property or services in connection with a project;

(i)

To lease or rent any of the dwellings or other accommodations, or any of the lands, buildings, structures, or facilities embraced in any project, and to establish and revise the rents or charges therefor;

(j)

To enter upon any buildings or property in order to conduct investigations or to make surveys or soundings;

(k)

To purchase, lease, obtain options upon, or acquire by eminent domain, gift, grant, bequest, devise, or otherwise any property, real or personal, or any interest therein from any person, firm, corporation, the city, or a government;

(l)

To sell, exchange, transfer, assign, or pledge any property, real or personal, or any interest therein to any person, firm, corporation, the city, or a government;

(m)

To own, hold, clear, and improve property and to insure or provide for the insurance of the property or operations of the authority against such risks as the authority may deem advisable;

(n)

To procure assurance from a government of the payment of any debts or parts thereof secured by mortgages made or held by the authority on any property included in any project;

(o)

To borrow money upon its bonds, notes, debentures, or other evidences of indebtedness, and to secure the same by pledges of its revenues and, subject to the limitations imposed by this part 2, by mortgages upon property held or to be held by it, or in any other manner:

(I)

In connection with any loan, to agree to limitations upon its right to dispose of any project or part thereof, or to undertake additional projects;

(II)

In connection with any loan by a government, to agree to limitations upon the exercise of any powers conferred upon the authority by this part 2;

(p)

To invest any moneys held in reserve or sinking funds or any moneys not required for immediate disbursement in property or in securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S., or to deposit the same or any part thereof in any depository authorized in section 24-75-603, C.R.S. For the purpose of making such deposits as provided in this paragraph (p), the commissioners may appoint, by written resolution, one or more persons to act as custodians of the moneys of the authority. Such persons shall give surety bonds in such amounts and form and for such purposes as the authority requires.

(q)

To sue and be sued;

(r)

To have a seal and to alter the same at pleasure;

(s)

To have perpetual succession;

(t)

To make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority;

(u)

To make and from time to time amend and repeal bylaws, rules, and regulations not inconsistent with this part 2, to carry into effect the powers and purposes of the authority;
(v)
To conduct examinations and investigations and to hear testimony and take proof under oath at public or private hearings on any matter material for its information;

(w)

To issue subpoenas requiring the attendance of witnesses or the production of books and papers and to issue commissions for the examination of witnesses who are out of the state, unable to attend before the authority, or excused from attendance;
(x)
To make available to such agencies, boards, or commissions as are charged with the duty of abating nuisances or demolishing unsafe structures within its territorial limits its findings and recommendations with regard to any building or property where conditions exist which are dangerous to the public health, morals, safety, or welfare; and

(y)

To do all things necessary or convenient to carry out the powers given in this part 2.

(2)

Any of the investigations or examinations provided for in this part 2 may be conducted by the authority or by a committee appointed by it, consisting of one or more commissioners, or by counsel, or by an officer or employee specially authorized by the authority to conduct it. Any commissioner, counsel for the authority, or any person designated by it to conduct an investigation or examination has the power to administer oaths, take affidavits, and issue subpoenas or commissions. An authority may exercise any of the powers conferred upon it by this section, either generally or with respect to any specific project through or by any agent which it may designate, including any corporation formed under the laws of this state, and, for such purposes, an authority may cause one or more corporations to be formed under the laws of this state or may acquire the capital stock of any corporation. Any corporate agent, all of the stock of which is owned by the authority or its nominee, to the extent permitted by law, may exercise any of the powers conferred upon the authority.

(3)

In addition to all of the other powers conferred upon it by this section, an authority may do all things necessary and convenient to carry out the powers expressly given in this part 2. No provisions with respect to the acquisition, operation, or disposition of property by public bodies shall be applicable to an authority unless the legislature specifically so states.

Source: Section 29-4-209 — Powers of authority, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-29.­pdf (accessed Oct. 20, 2023).

29‑4‑101
Short title
29‑4‑102
Legislative declaration
29‑4‑103
Definitions
29‑4‑104
Powers of cities to undertake projects
29‑4‑105
Eminent domain
29‑4‑106
Acquisition of land for government
29‑4‑107
Management of housing projects
29‑4‑108
Moneys of city
29‑4‑109
Construction contracts and costs
29‑4‑110
Bonds secured by taxes - maturity
29‑4‑111
Bonds not secured by taxes authorized by resolution
29‑4‑112
Tax resolution - payment of bonds
29‑4‑113
Form of bonds - rate of interest
29‑4‑114
Provisions of bonds, mortgages, or trust indentures
29‑4‑115
Mortgage when financed by government
29‑4‑116
Remedies of an obligee of city
29‑4‑117
Additional remedies
29‑4‑118
Remedies cumulative
29‑4‑119
Limitations on remedies of obligee
29‑4‑120
Foreclosure sale subject to government agreement
29‑4‑121
Action by resolution
29‑4‑122
Tax exemptions
29‑4‑123
Supplemental nature of article
29‑4‑201
Short title
29‑4‑202
Legislative declaration
29‑4‑203
Definitions
29‑4‑204
Petition for creation of authority - notice - hearing
29‑4‑205
Appointment of commissioners
29‑4‑206
Duty of the authority and commissioners
29‑4‑207
Interested commissioners or employees
29‑4‑208
Removal of commissioners
29‑4‑209
Powers of authority
29‑4‑210
Rentals and tenant selection
29‑4‑211
Eminent domain
29‑4‑212
Acquisition of land for government
29‑4‑213
Zoning and building laws
29‑4‑214
Types of bonds
29‑4‑215
Form of bonds
29‑4‑216
Provisions of bond or mortgage
29‑4‑217
Power to mortgage - when
29‑4‑218
Remedies of an obligee of authority
29‑4‑219
Additional remedies
29‑4‑220
Remedies cumulative
29‑4‑221
Limitations on remedies of obligee
29‑4‑222
Sale subject to government agreement
29‑4‑223
Contracts with federal government
29‑4‑224
Wage and labor conditions
29‑4‑225
Insurance
29‑4‑226
Exemption from special assessments
29‑4‑227
Tax exemptions
29‑4‑228
Reports
29‑4‑229
Low rentals
29‑4‑230
Previous housing authorities validated
29‑4‑231
Contracts and undertakings validated
29‑4‑232
Notes and bonds validated
29‑4‑301
Short title
29‑4‑302
Legislative declaration
29‑4‑303
Definitions
29‑4‑304
Preparation of development plan
29‑4‑305
Assistance in preparation of plan
29‑4‑306
Action on setting up of authority
29‑4‑307
Additional powers of authority
29‑4‑308
Organization of authority
29‑4‑309
Condemnation for a superior use
29‑4‑310
Area not wholly in one municipality
29‑4‑311
Termination of an authority
29‑4‑312
Appropriations by municipality
29‑4‑313
Taxation
29‑4‑314
Supervision of reconstruction agency
29‑4‑401
Existing statutes no bar to creation of housing authority
29‑4‑402
Cities and towns empowered to create housing authorities
29‑4‑501
Legislative declaration
29‑4‑502
Definitions
29‑4‑503
Creation of housing authority
29‑4‑504
Appointment of commissioners
29‑4‑505
Powers of authority
29‑4‑506
Policy of authority
29‑4‑507
Exemption from special assessments - tax exemptions
29‑4‑508
Boundaries of authority
29‑4‑509
Conformity with building laws
29‑4‑601
Applicability of part 6
29‑4‑602
Posting and publication of notice - petition
29‑4‑603
Cooperative agreement - costs of election
29‑4‑604
Election - resolution
29‑4‑605
Notice of election
29‑4‑606
Conduct of election
29‑4‑607
Count of ballots - canvass - results of election
29‑4‑701
Short title
29‑4‑702
Legislative declaration
29‑4‑703
Definitions - rules
29‑4‑704
Colorado housing and finance authority
29‑4‑704.5
Reference in contracts and documents
29‑4‑705
Records of board
29‑4‑706
Meetings of board
29‑4‑707
Disclosure of interests required
29‑4‑708
General powers of the authority - repeal
29‑4‑709
Power of board - housing facility plans
29‑4‑710
Powers of the board - executive director - housing facility loans - assistance in housing facility development
29‑4‑710.5
Powers of the board - lease, sale, or financing of projects
29‑4‑710.6
Powers of the board - loans for capital
29‑4‑710.7
Powers of the board - issuance of bonds to maintain balances in the unemployment compensation fund
29‑4‑711
Power of board - housing facility plans - mortgage purchase - loans to lenders
29‑4‑712
Powers of the board - executive director - mortgage purchase - loans to lenders - assistance in providing housing facilities
29‑4‑713
Power of the board - home improvement loans
29‑4‑714
Powers of the board - home improvement loans - purchase of such loans - loans to lenders
29‑4‑716
Standards for approval of organizations
29‑4‑717
Findings - percentage of low-income families required
29‑4‑718
Bonds and notes
29‑4‑719.1
Economic development fund
29‑4‑720
Validity of any pledge
29‑4‑721
Remedies
29‑4‑722
Negotiable instruments
29‑4‑723
Bonds eligible for investment
29‑4‑724
Refunding bonds
29‑4‑725
Nonliability of state for bonds
29‑4‑726
Members of authority not personally liable on bonds
29‑4‑727
Property taxation - exemption of bonds from taxation
29‑4‑728
Revolving fund established
29‑4‑729
Reporting
29‑4‑730
Powers of the authority - investments
29‑4‑731
Agreement of this state
29‑4‑732
This part 7 not a limitation of powers
29‑4‑734
Termination of powers
29‑4‑735
Colorado strategic seed fund council - creation
29‑4‑1001
Short title
29‑4‑1002
Definitions
29‑4‑1003
Rent reporting for credit pilot program - created - third-party contractor - participant landlords and participant tenants - financial education courses required - compensation for participant landlords
29‑4‑1004
Rent reporting for credit pilot program - rules
29‑4‑1005
Rent reporting for credit pilot program - report
29‑4‑1006
Repeal of part
29‑4‑1101
Short title
29‑4‑1102
Legislative declaration
29‑4‑1103
Definitions
29‑4‑1104
Middle-income housing authority - creation - board of directors - meetings - records - tax exempt - audit - report
29‑4‑1105
General powers
29‑4‑1106
Additional powers - affordable workforce housing projects
29‑4‑1107
Powers of the board - selection of projects - ownership - report
29‑4‑1108
Relationship of authority and other jurisdictions
29‑4‑1109
Bonds
29‑4‑1110
Agreement of the state not to limit or alter rights of obligees
29‑4‑1111
Issuance of funds to the authority
29‑4‑1112
No action maintainable
29‑4‑1113
Judicial examination of powers, acts, proceedings, or contracts of the authority
29‑4‑1114
This part 11 not a limitation of powers
29‑4‑1115
Construction of this part 11
Green check means up to date. Up to date

Current through Fall 2024

§ 29-4-209’s source at colorado​.gov