(1) In addition to any
other powers specifically granted to the board in this article, the board shall have
the following powers and duties:
(a) To fix the time and place at which its regular and special meetings shall
be held within the geographical boundaries of the district;
(b) To adopt and from time to time amend or repeal rules of procedure and
bylaws not in conflict with the constitution and laws of the state;
(c) To hire such permanent and temporary staff as may be necessary to
assist the board in its duties;
(d) To promote the acquisition of a major league baseball franchise and the
construction of a stadium within the district;
(e) To sue and be sued;
(f) To decide at which general, primary, or special election the question
specified in section 32-14-105 (1) shall be submitted to the registered electors
within the geographical boundaries of the district;
(g) To contract for the construction, equipment, preservation, operation, and
maintenance of a stadium and all necessary works incidental thereto;
(h) To enter into such contracts as may be authorized in this article including,
but not limited to, contracts for the lease and sale of a stadium;
(i) To enter into and execute all contracts, leases, intergovernmental
agreements, and other instruments in writing necessary or proper to the
accomplishment of the purposes of this article, including, but not limited to,
intergovernmental agreements concerning revenue sharing;
(j) To conduct such investigations and studies as may be necessary in order
to evaluate sites within the district which are suitable for the construction of a
stadium including, without limitation, a study of major league baseball stadiums in
other cities. In connection with such evaluation process, the board shall consult
with representatives of any city, town, city and county, or county included, in whole
or in part, in the district, the chambers of commerce located within the district, the
Denver baseball commission, and any other individuals, groups of individuals, or
entities which may provide any relevant expertise concerning the evaluation of
stadium sites. In addition, the board shall consult with the urban land institute
pursuant to the provisions of section 32-14-112 concerning the evaluation of
stadium sites.
(k) To establish criteria for a stadium site and a stadium;
(l) Upon the approval of the registered electors pursuant to the provisions of
section 32-14-105, to select a single site within the district for the location of a
stadium after consideration of any recommendations made by the urban land
institute pursuant to the provisions of section 32-14-112 concerning such selection;
(m) To acquire on behalf of the district the selected stadium site and such
other lands and interests in real and personal property as may be necessary, by gift,
contract, or other means. The board may acquire on behalf of the district such lands
and interests in real and personal property as may be necessary for parking
facilities, stadium facilities, and stadium site access by gift, contract, or other
means or through the exercise of the power of eminent domain, pursuant to the
applicable provisions of articles 1 to 7 of title 38, C.R.S.; except that the board shall
not be authorized to commence an action on behalf of the district to exercise the
power of eminent domain after April 30, 1995, and that the board may only exercise
the power of eminent domain with respect to real property which is located within
the lesser of one thousand feet of the nearest boundary of real property which, as
of January 31, 1993, was owned by or under contract to be acquired by the district
or to the center line of Blake street or to the center line of 19th street. Any lands
and interest in real and personal property acquired by the board through the
exercise of the power of eminent domain shall not be sold, leased, rented, or given
away except in connection with the sale or lease of the entire stadium; except that
this restriction shall not apply to any agreement with the major league baseball
franchise which is located in the district.
(n) To maintain an office at such place as it may designate within the
geographical boundaries of the district;
(o) To exercise all powers necessary and requisite for the accomplishment of
the purposes for which the district is organized and capable of being delegated by
the general assembly; and no enumeration of particular powers granted shall be
construed to impair any general grant of power contained in this article or to limit
any such grant to powers of the same class as those so enumerated;
(p) To arrange with the city, town, city and county, or county in which the
selected stadium site is located to plan, replan, zone, or rezone any part of the
selected stadium site, in connection with the acquisition, construction,
maintenance, and operation of the stadium proposed or being undertaken by the
district pursuant to the provisions of this article;
(q) To borrow money, contract to borrow money for the purpose of issuing
special obligation bonds, and issue obligations for any of its corporate purposes
and to fund such obligations and to refund such obligations as provided in this
article;
(r) To engage the services of private consultants and legal counsel to render
professional and technical assistance and advice in carrying out the purposes of
this article;
(s) To procure insurance against any loss in connection with its property and
other assets and liability for personal injury to or damage to property of others in
such amounts and from such insurers as are necessary and reasonable for
governmental entities owning similar facilities in the district;
(t) To procure insurance or guarantees from any public or private entity,
including but not limited to the state, any city, town, city and county, or county, or
any department, agency, or instrumentality of the United States of America, for
payment of any obligations issued by the district, including the power to pay
premiums on any such insurance;
(u) To receive and accept from any source aid or contributions of money,
property, labor, or other things of value to be held, used, and applied to carry out
the purposes of this article subject to the conditions upon which the grants or
contributions are made, including, but not limited to, gifts or grants from the state,
any city, town, city and county, or county, and any department, agency, or
instrumentality of the United States of America for any purpose consistent with the
provisions of this article;
(v) To acquire, dispose of, and encumber real and personal property
including, without limitation, rights and interests in property, leases, and easements
necessary to the functions or the operation of the district;
(w) To fix and from time to time to increase or decrease fees, rentals, rates,
tolls, penalties, or other charges for services, programs, or facilities furnished by
the district in connection with the operation of the stadium, and the board may
pledge such revenues or any portion thereof for the payment of any indebtedness
of the district as provided in this article;
(x) To levy and collect a sales tax pursuant to the provisions of this article,
and the board may pledge such sales tax revenues or any portion thereof for the
payment of any indebtedness of the district;
(y) To invest moneys received by the district pursuant to the provisions of
this article in accordance with the provisions of part 6 of article 75 of title 24,
C.R.S.;
(z) To administer and use moneys received by the district in accordance with
the provisions of this article;
(aa) To develop reporting and review requirements governing the receipt and
expenditures of any moneys received by the district pursuant to this article;
(bb) To deposit any moneys of the district in any banking institution or
savings and loan association within the state as authorized in section 24-75-603,
C.R.S., and to appoint, for purposes of making such deposits, one or more persons to
act as custodians of the moneys of the district, who may be required to give surety
bonds in such amounts and form and for such purposes as the board may require.