(1) The district has the following
powers, except as limited by the operating plan:
(a) To have perpetual existence;
(b) To have and use a corporate seal;
(c) To sue and be sued and be a party to suits, actions, and proceedings;
(d) To enter into contracts and agreements, except as otherwise provided in
this part 12, affecting the affairs of the district, including contracts with the United
States and any of its agencies or instrumentalities;
(e) To borrow money and incur indebtedness for the purposes of the district
and evidence the same by certificates, warrants, notes, and debentures and to issue
negotiable bonds in accordance with the provisions of this part 12;
(f) To provide any of the following services within the district:
(I) Consulting with respect to planning or managing development activities;
(II) Maintenance of improvements, by contract, if it is determined to be the
most cost-efficient;
(III) Promotion or marketing of district activity;
(IV) Organization, promotion, marketing, and management of public events;
(V) Activities in support of business recruitment, management, and
development;
(VI) Security for businesses and public areas located within the district;
(VII) Snow removal or refuse collection, by contract, if it is determined to be
the most cost-efficient;
(VIII) Providing design assistance;
(g) To acquire, construct, finance, install, and operate the improvements
contemplated by this part 12 and all property, rights, or interests incidental or
appurtenant thereto and to dispose of real and personal property and any interest
therein, including leases and easements in connection therewith;
(h) To refund any bonds of the district pursuant to article 56 of title 11, C.R.S.;
(i) To have the management, control, and supervision of all the business and
affairs of the district and of the acquisition, construction, financing, installation, and
operation of district improvements and the financing and operation of district
services therein;
(j) To construct and install improvements across or along any public street,
alley, or highway and to construct works across any stream of water or
watercourse. The district shall promptly restore any such street or highway to its
former state of usefulness as nearly as possible and shall not use the same in such
manner as completely or unnecessarily to impair the usefulness thereof. The use
and occupation of streets, alleys, and highways and the construction or installation
of improvements by any district shall be in accordance with the provisions of all
applicable municipal ordinances and state law and with such reasonable rules and
regulations as may be prescribed by either the municipality affected or the
department of transportation. Plans and specifications of proposed improvements
shall be approved by the municipality before construction or installation of
improvements is commenced. Plans and specifications of proposed district
improvements across or along any street or highway which is part of the state
highway system for which the department of transportation has jurisdiction shall be
approved in writing by the department of transportation before such improvements
may be constructed or installed. Such approval by the department of
transportation, if granted, shall not relieve the district of any responsibility for such
improvements.
(k) To fix, and from time to time increase or decrease, rates, tolls, or charges
for any services or improvements furnished by the district. The board may pledge
such revenue for the payment of any bonds of the district. Until paid, all rates, tolls,
or charges shall constitute a perpetual lien on and against the commercial property
served within the boundaries of the district, and any such lien on personal property
or any such lien on real property may be foreclosed in the same manner as provided
in article 20 of title 38, C.R.S., or article 22 of title 38, C.R.S., respectively. The
board may shut off or discontinue service for delinquencies in the payment of such
rates, tolls, or charges or for delinquencies in the payment of taxes levied pursuant
to this part 12 and shall prescribe and enforce rules and regulations for connecting
with and disconnecting from such services and facilities.
(l) To appoint an advisory board of owners of property within the boundaries
of the district and provide for the duties and functions thereof;
(m) To hire employees or retain agents, engineers, consultants, attorneys,
and accountants;
(n) To adopt and amend bylaws not in conflict with the constitution and laws
of the state or with the ordinances of the municipality affected for carrying on the
business, objects, and affairs of the board and of the district; and
(o) To exercise all rights and powers necessary or incidental to or implied
from the specific powers granted in this part 12. Such specific powers shall not be
considered as a limitation upon any power necessary or appropriate to carry out the
purposes and intent of this part 12.