(1) (a) The board of any county or
of any city that has been authorized to become a city and county pursuant to an
amendment to the state constitution that has been approved by the registered
electors of the state of Colorado and that subsequently becomes a city and county
for the purpose of funding all or a portion of the cost of any improvements
constructed or transportation services provided pursuant to section 30-20-603
(1)(a), (1)(a.5), and (1)(c), may levy a sales tax throughout the district upon every
transaction or other incident with respect to which a sales tax is authorized
pursuant to section 29-2-105; except that such tax may be levied only upon those
transactions specified in section 39-26-104 (1)(a), (1)(b), (1)(e), and (1)(f).
(b) This subsection (1) is repealed, effective December 31, 2028.
(2) (a) The tax shall be collected, administered, and enforced as specified in
part 2 of article 2 of title 29. The department of revenue shall retain an amount not
to exceed the net incremental cost of such collection, administration, and
enforcement and shall transmit such amount to the state treasurer, who shall credit
the same to the districtwide sales tax fund, which fund is hereby created; except
that in no event shall:
(I) Any district formed prior to or on July 1, 1993, pay in any given fiscal year
commencing on or after July 1, 1994, more than an amount equal to the amount paid
by the district in the 1993-94 fiscal year; as adjusted in accordance with changes in
the department of labor, bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable
predecessor or successor index;
(II) Any district formed after July 1, 1993, pay in any given fiscal year
commencing after the first full fiscal year of operation more than an amount equal
to the amount paid by the district in the first full fiscal year of operation, as
adjusted in accordance with changes in the department of labor, bureau of labor
statistics consumer price index for Denver-Aurora-Lakewood for all items and all
urban consumers, or its applicable predecessor or successor index.
(a.5) Repealed.
(b) The general assembly shall appropriate annually from the districtwide
sales tax fund to the department of revenue the amount necessary for the
department's collection, administration, and enforcement of the districtwide sales
tax. Any moneys remaining in said fund attributable to districtwide sales taxes
collected in the prior fiscal year shall be transmitted to the county which
established the district for which a districtwide sales tax has been levied; except
that, prior to the transmission to the county of such moneys, any moneys
appropriated from the general fund to the department of revenue for collection,
administration, and enforcement of a districtwide sales tax shall be repaid.
(3) The tax authorized by this section shall not exceed one percent.
(4) (a) (I) Except as provided in subparagraph (II) of this paragraph (a), a
proposal for a districtwide sales tax shall be referred to the registered electors of
the county who reside within the boundaries of the district, either by resolution of
the board or by petition initiated and signed by five percent of the registered
electors who reside within the boundaries of the district.
(II) In a district formed prior to December 31, 2002, by a city that has been
authorized to become a city and county pursuant to an amendment to the state
constitution that has been approved by the registered electors of the state of
Colorado, a proposal for a districtwide sales tax shall be referred to the electors of
the district, either by resolution of the board or by petition initiated and signed by
five percent of the electors of the district.
(b) Such proposal shall contain a description of the proposed tax, including
its purposes, and shall state the amount of tax to be imposed.
(c) (I) Any election held under this section shall conform to the requirements
of section 20 of article X of the Colorado constitution.
(II) (A) Except as provided in sub-subparagraph (B) of this subparagraph (II),
upon its being presented with a petition requesting a proposal for such sales tax,
the board, upon certification of the signatures on the petition, shall submit such
proposal to the registered electors residing within the district.
(B) In a district formed prior to December 31, 2002, by a city that has been
authorized to become a city and county pursuant to an amendment to the state
constitution that has been approved by the registered electors of the state of
Colorado, the board, after being presented with a petition requesting a proposal for
such sales tax and upon certification of the signatures on the petition, shall submit
such proposal to the electors of the district.
(d) (Deleted by amendment, L. 99, p. 516, � 14, effective April 30, 1999.)
(e) (I) (A) If approved by a majority of the registered electors voting thereon,
the sales tax shall become effective as provided in part 2 of article 2 of title 29.
(B) (Deleted by amendment, L. 2024.)
(II) (Deleted by amendment, L. 99, p. 516, � 14, effective April 30, 1999.)
(5) (a) Except as provided in paragraph (b) of this subsection (5), all revenue
collected from such sales tax, except the amounts retained under subsection (2) of
this section, shall be credited to a special fund designated as the sales tax street
improvement fund, such designation to include the name or description of the
district. The fund shall be used only to pay the costs of the district improvements
authorized by section 30-20-603 (1)(a) and (1)(c), the costs of debt service on bonds
issued pursuant to section 30-20-619 (4), if any, or both of such costs.
(b) In a district formed prior to December 31, 2002, by a city that has been
authorized to become a city and county pursuant to an amendment to the state
constitution that has been approved by the registered electors of the state of
Colorado, all revenue collected from such sales tax, except the amounts retained
under subsection (2) of this section, shall be credited to a special fund designated
as the sales tax street improvement fund, such designation to include the name or
description of the district. The fund shall be used only to pay the costs of the
district improvements and transportation services authorized by section 30-20-603
(1)(a.5) and (1)(c), the costs of debt service on bonds issued pursuant to section 30-20-619 (4), if any, the costs of operations, maintenance, and replacement, and the
costs of organization of the district.
(6) (a) When the total cost of the improvements constructed pursuant to
section 30-20-603 (1)(a), including the cost of all debt service thereon, if any, has
been paid, the board shall cease to levy and collect the sales tax originally imposed
pursuant to this section and shall repeal the ordinance authorizing such tax.
(b) Notwithstanding paragraph (a) of this subsection (6), if an improvement
includes the use of sales tax for the improvement's operation or maintenance, the
board shall continue to levy and collect the sales tax as specified in the resolution
authorizing such tax.
(7) (a) Notwithstanding the provisions of section 30-20-602 (2), if any
territory within a district is annexed by or incorporated into a municipality and
revenue bonds have been issued pursuant to section 30-20-619 (4) prior to the date
of such annexation or incorporation, the levy of the sales tax authorized by this
section shall continue in such annexed or incorporated territory until the later of:
(I) The date upon which no bonds remain outstanding, whether issued before,
on, or after the date of annexation or incorporation, so long as such bonds are
refunding bonds or such bonds are issued for improvements which were authorized
as of the date of annexation or incorporation; or
(II) The date of completion of all improvements which were authorized for
such district as of the date of annexation or incorporation.
(b) The provisions of this subsection (7), as amended, shall apply to any
territory within a district which has been annexed by or incorporated into a
municipality, regardless of the date of annexation or incorporation.
(8) Notwithstanding subsection (7) of this section, that portion of the sales
tax authorized by this section that is used for the operation or maintenance of
improvements constructed pursuant to section 30-20-603 (1) shall not apply to any
territory within a district that has been annexed by or incorporated into a
municipality.
(9) The board may appoint an independent board of directors to perform the
functions of the board under this part 6 in a district providing transportation
services and improvements in accordance with the terms of the resolution or
ordinance establishing the district.
(10) Notwithstanding any other provision of law, the provisions of this part 6
relating to the assessment of local improvement costs upon the property in a
district that benefits from such improvements shall not apply to any district formed
prior to December 31, 2002, by a city that has been authorized to become a city and
county pursuant to an amendment to the state constitution that has been approved
by the registered electors of the state of Colorado and that levies a sales tax
pursuant to this section to fund local improvements authorized by section 30-20-603 (1)(a.5) and (1)(c).