§ 31-25-112.5 — Inclusion of unincorporated territory in urban renewal area

Colorado § 31-25-112.5

• Jurisdiction: Colorado
• Title 31: Government
• Art.: Public Improvements

Text

(1)
Notwithstanding any other provision of this part 1, an urban renewal plan, urban
renewal project, or urban renewal area may include unincorporated territory that is
outside the boundaries of a municipality but contiguous to a portion of the urban
renewal area located within the municipality. No such territory shall be included in
the plan, project, or area without the consent of the board of county commissioners
exercising jurisdiction over the unincorporated territory proposed for inclusion and
the consent of each owner of, and each holder of a recorded mortgage or deed of
trust encumbering, real property within the unincorporated area proposed for
inclusion.

(2) In addition to the procedures for approval of a proposed urban renewal
plan by the governing body as required by section 31-25-107, the unincorporated
territory may be included in the urban renewal plan, project, or area upon
satisfaction of each of the following additional requirements:

(a) The board of county commissioners makes a determination that the urban
renewal area proposed for inclusion in the plan is a slum or blighted area in
accordance with the procedures set forth in section 31-25-107 (1).

(b) The board of county commissioners refers the urban renewal plan to the
planning commission of the county for a determination as to the conformity of the
urban renewal plan with the general plan for development for the county in
accordance with the procedures specified in section 31-25-107 (2).

(c) The board of county commissioners conducts a public hearing and makes
findings and a determination to approve inclusion of the unincorporated territory in
the urban renewal plan, project, or area in accordance with the procedures set forth
in section 31-25-107 (3), (4), (5), and (6).

(d) The board of county commissioners makes an additional finding, prior to
approving the inclusion, that each owner of, and each holder of a recorded
mortgage or deed of trust encumbering, real property in the unincorporated
territory proposed for inclusion in the urban renewal plan, project, or area consents
to the inclusion.

(e) The board of county commissioners determines whether the
unincorporated territory shall be included in any provision for the division of taxes
in the urban renewal area as authorized by section 31-25-107 (9), and, if so
determined, the board notifies the county assessor of such inclusion as required by
section 31-25-107 (10).

(3) Notwithstanding any other provision of this part 1, the requirements of
section 31-25-107 (3.5) shall not apply to any urban renewal plan proposed and
approved pursuant to this section.

(4) Any urban renewal plan approved in accordance with this section may be
modified as provided in section 31-25-107 (3)(a); except that a modification shall be
approved by the board of county commissioners, the governing body, and the
authority.

(5) An authority, a municipality, and a county may, consistent with the
requirements of this section, enter into an intergovernmental agreement to further
effectuate the purposes of this section and to provide for the inclusion of
unincorporated territory in an urban renewal area.

Legislative History

Source: L. 2008: Entire section added, p. 278, � 1, effective April 1.