§ 32-15-106 — Board of directors - powers and duties

Colorado § 32-15-106

• Jurisdiction: Colorado
• Title 32: Special
• Art.: Metropolitan Football Stadium District Act

Text

(1) In addition to any
other powers specifically granted to the board in this article 15, the board has the
following duties and powers:

(a) To review any reports and studies made and to obtain any additional
reports and studies it deems necessary pertaining to the costs of maintaining and
repairing Mile High stadium and the costs of renovating Mile High stadium or
building a new stadium and to make a determination of whether it is more cost
effective and economically viable to renovate Mile High stadium or build a new
stadium than to maintain and repair Mile High stadium;

(b) To require such documentation as the board determines necessary
showing that the franchise has been or will be released from its existing lease for
use of a stadium before a lease between the district and the franchise for use of the
new or renovated stadium commences;

(c) To negotiate an agreement with the franchise requiring the franchise to
pay twenty-five percent of the actual construction costs of the stadium, including
but not limited to professional fees, site acquisition costs, and materials and labor
costs and requiring the franchise to pay for twenty-five percent of all costs in
excess of the anticipated construction costs;

(d) To negotiate the lease of Mile High stadium if it is renovated or the new
stadium as set forth in section 32-15-122;

(e) To provide the counties within the district and the city and county of
Denver with a benefit from a portion of the revenues, other than sales tax revenues
and admissions tax revenues, derived from the operation of Mile High stadium if it is
renovated or the new stadium during the period of time the district is collecting the
sales tax or the admissions tax or such longer period as the board may determine
appropriate;

(f) After completion of the review, negotiations, and other matters set forth
in paragraphs (a) to (e) of this subsection (1) and if the board determines that there
is a need to renovate Mile High stadium or to construct a new stadium and that the
renovation of Mile High stadium or the construction of a new stadium is more cost
effective and economically viable than maintaining and repairing Mile High stadium,
the board shall then determine whether it is more cost effective and economically
viable to renovate Mile High stadium or to construct a new stadium, after which the
board shall adopt a resolution that, in addition to the statements required by
section 32-15-107 (1)(b), includes, but shall not be limited to, the following
declarations:

(I) That the board has reviewed the reports and studies pertaining to the
costs of repairing and maintaining Mile High stadium, the costs of renovating Mile
High stadium, and the costs of building a new stadium and has made a
determination that there is a need to renovate Mile High stadium or to construct a
new stadium and that the renovation of Mile High stadium or the construction of a
new stadium is more cost effective and economically viable than maintaining and
repairing Mile High stadium;

(I.5) That it is more cost effective and economically viable to renovate Mile
High stadium or that it is more cost effective and economically viable to construct a
new stadium;

(II) That the board has received adequate documentation assuring the board
that the franchise has been or will be released from its existing lease for use of a
stadium before a lease between the district and the franchise for use of the
renovated or new stadium commences;

(III) That the district has entered into an agreement with the franchise that
requires the franchise to provide twenty-five percent of the actual construction
costs of the stadium, including but not limited to professional fees, site acquisition
costs, and materials and labor costs and that requires the franchise to pay for
twenty-five percent of all costs in excess of the anticipated construction costs;

(III.5) That the board, if it has determined that it is more cost effective and
economically viable to renovate Mile High stadium than to build a new stadium, has
entered into a conditional or option contract or otherwise assured the acquisition of
Mile High stadium, including any lands and interests in real and personal property
commonly used for parking facilities, stadium facilities, and stadium site access,
plus any additional lands and interests in real property as may be necessary for
parking facilities, stadium facilities, and stadium site access;

(IV) If the board has determined that it is more cost effective and
economically viable to build a new stadium, that the commission has selected a site
for construction of the stadium, a statement of the location of the site, and that the
board has entered into a conditional or option contract or otherwise assured the
acquisition of the selected stadium site and such other lands and interests in real
and personal property as may be necessary for parking facilities, stadium facilities,
and stadium site access;

(V) That the district has entered into a lease of Mile High stadium if it is
renovated or the new stadium with the franchise for the use of the stadium that
meets the requirements set forth in section 32-15-122; and

(VI) That the board will provide the counties within the district and the city
and county of Denver with a benefit from the revenues, other than sales tax
revenues and admissions tax revenues, derived from the operation of Mile High
stadium if it is renovated or the new stadium during the period of time the district is
collecting the sales tax or the admissions tax or such longer period as the board
may determine appropriate;

(f.5) If the board has determined that it is more cost effective and
economically viable to renovate Mile High stadium, to enter into a conditional or
option contract on behalf of the district or otherwise assure the acquisition of Mile
High stadium, and such other lands and interests in real and personal property
commonly used for parking facilities, stadium facilities, and stadium site access,
plus any additional lands and interests in real property as may be necessary for
parking facilities, stadium facilities, and stadium site access;

(g) If the board has determined that it is more cost effective and
economically viable to construct a new stadium, to enter into a conditional or option
contract on behalf of the district or otherwise assure the acquisition of the selected
site for the new stadium and such other lands and interests in real and personal
property as may be necessary for parking facilities, stadium facilities, and stadium
site access;

(g.5) In designing and constructing a new stadium, to arrange and coordinate
the provision of mass transit, including light rail, buses, and other forms of public
transportation to service such stadium with the regional transportation district;

(h) To fix the time and place at which its regular and special meetings shall
be held within the geographical boundaries of the district;

(i) 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;

(j) To hire such permanent and temporary staff as may be necessary to assist
the board in its duties;

(k) To sue and be sued;

(l) To maintain an office at such place as it may designate within the
geographical boundaries of the district;

(m) 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;

(n) 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;

(o) 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; and

(p) 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 15 subject to the conditions upon which the grants or
contributions are made; except that no public money from the state, any city, town,
city and county, or county, and any department, agency, or instrumentality of the
United States of America shall be accepted or expended for any purpose set forth
in this article 15. Notwithstanding any provision set forth in this subsection (1)(p),
the board shall not be prohibited from receiving public money from the economic
development commission created pursuant to section 24-46-102 (1) that is paid
from the economic development fund created pursuant to section 24-46-105.

(2) After the board has completed the review and negotiations set forth in
paragraphs (a) to (e) of subsection (1) of this section and if the board has received
notice from the secretary of state stating that a valid petition has been filed and
verified and has adopted a resolution pursuant to paragraph (f) of subsection (1) of
this section, in addition to any powers granted to the board in subsection (1) of this
section or in this article, the board shall have the following powers and duties:

(a) To submit the question specified in section 32-15-107 (1) to the registered
electors within the geographical boundaries of the district at the 1998 general
election;

(b) To contract for the planning, design, renovation, equipment, preservation,
operation, maintenance, and public transportation to Mile High stadium, if it is
renovated, or the planning, design, construction, equipment, preservation,
operation, maintenance, and public transportation to a new stadium and all
necessary works incidental thereto;

(c) Repealed.

(d) 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;

(e) To establish criteria for the renovation of Mile High stadium or for the
construction and design of a new stadium including, but not limited to, a
requirement that the new stadium have a seating capacity at least equivalent to the
seating capacity of Mile High stadium;

(f) To acquire on behalf of the district the selected stadium site for a new
stadium, or Mile High stadium if it is to be renovated, and such other 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; except
that nothing in this paragraph (f) shall be construed to authorize the board to
exercise the power of eminent domain pursuant to the applicable provisions of
articles 1 to 7 of title 38, C.R.S.;

(g) (I) If Mile High stadium is to be renovated, to arrange with the City and
County of Denver to plan, replan, zone, or rezone any part of the stadium site or any
other lands or interests in real property acquired in connection with the acquisition,
renovation, maintenance, and operation of the stadium by the district pursuant to
the provisions of this article;

(II) If a new stadium is to be built, 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;

(h) (I) If Mile High stadium is to be renovated, to consult with the franchise
and other potential users before acquiring the stadium, establishing criteria for the
renovation and redesign of the stadium, or contracting for the renovation of the
stadium;

(II) If a new stadium is to be built, to consult with the franchise before
acquiring a stadium site, establishing criteria for the construction and design of a
stadium, or contracting for the construction of a stadium;

(i) To borrow money, contract to borrow money for the purpose of issuing
bond anticipation notes pursuant to article 14 of title 29, C.R.S., 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, to refinance such
obligations even if, in the case of refinancing or refunding bond anticipation notes,
such refinancing or refunding is at a higher interest rate, and to refund such
obligations as provided in this article subject to the requirements of section 20 of
article X of the state constitution;

(j) 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;

(k) 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;

(l) 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; except that nothing in
this paragraph (l) shall be construed to authorize the board to exercise the power of
eminent domain pursuant to the applicable provisions of articles 1 to 7 of title 38,
C.R.S.;

(m) 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 Mile High stadium if it is renovated
or the new 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;

(n) To levy and collect a sales tax pursuant to the provisions of this article,
subject to the requirements of section 20 of article X of the state constitution, and
the board may pledge such sales tax revenues or any portion thereof for the
payment of any indebtedness of the district;

(n.5) To levy and collect, if the board so determines, a tax upon admissions to
a new stadium constructed by the district pursuant to the provisions of this article,
subject to the requirements of section 20 of article X of the state constitution;

(o) 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.;

(p) To administer and use moneys received by the district in accordance with
the provisions of this article;

(q) To develop reporting and review requirements governing the receipt and
expenditures of any moneys received by the district pursuant to this article;

(r) 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.

(3) If Mile High stadium is renovated or if a new stadium is built, the board
may sell or lease the name of the stadium and any symbol or image of the general
design, appearance, or configuration of the stadium, including trademarks, service
marks, trade names, and logos. Prior to making a determination to sell or lease the
name of the stadium, the board shall assess the costs and benefits of such sale or
lease and specifically consider the public sentiment and any other benefits
associated with retaining the name Mile High stadium or with using any other
name that reflects the geographical, historical, cultural, spiritual, or other qualities
of the state. All proceeds from such sale or lease, if any, shall be used by the board
to pay the principal, interest, and prepayment premium, if any, on outstanding
special obligation bonds issued by the board pursuant to the provisions of this
article.

(4) The board shall not use any money received from the franchise to
accomplish or exercise any powers and duties of the board prior to the holding of
the election authorized pursuant to section 32-15-107.

(5) In carrying out its duties in connection with the operation of the stadium,
the board shall duly consider:

(a) That all food and beverage concession contracts at the new stadium, or
at Mile High stadium if it is renovated, be competitively bid in accordance with the
provisions of article 103 of title 24, C.R.S.;

(b) That, for all food and beverage concession contracts, due consideration
be given to persons or businesses that are authorized to transact business in
Colorado and that:

(I) (A) Maintain their principal place of business in Colorado; or

(B) Maintain a place of business in Colorado and that have filed
unemployment compensation reports in at least seventy-five percent of the eight
quarters immediately before commencement of the contract; or

(II) Are minority-owned independent businesses; and

(c) That not less than fifteen percent of the total square footage allocated
for food and beverage sales at Mile High stadium if it is renovated or at the new
stadium shall be occupied, either directly or through subcontracts, by persons or
businesses that maintain their principal place of business in Colorado.

(6) (a) The board shall study, consider, and pursue opportunities for
privatizing the costs of acquiring Mile High stadium or acquiring a stadium site for a
new stadium, the costs of renovating Mile High stadium or constructing a new
stadium, or the costs of operating a stadium in order to minimize the use of sales
tax revenues to the greatest extent possible for the purposes of this article 15.
Such methods to be studied, considered, and pursued by the board in order to
achieve such privatization shall include, but not be limited to, the following:

(I) Financial incentives from private sources, including landowners and
developers, available to offset the cost of a stadium site and the construction of a
new stadium, the cost of renovating Mile High stadium, and the cost of
maintenance, and operation of a stadium, including, but not limited to: Contributions
of money, goods, equipment, and services; financed purchase of an asset
agreements; certificate of participation agreements; sale-leaseback agreements;
and joint venture proposals;

(II) The sale or lease of seat rights;

(III) The sale or lease of luxury suites, commonly referred to as sky boxes;
and

(IV) The sale of long-term advertising, parking, and concession rights.

(b) The board shall study and consider whether it would be beneficial to use
a tax other than the sales and use tax authorized in section 32-15-110 to fund all or
a portion of any multiple-fiscal year financial obligations issued by the board.

(7) In designing and constructing a stadium pursuant to this article, the
board may consider the technical and economic feasibility of including a
retractable roof over such stadium; except that:

(a) No construction costs for a retractable dome shall be part of the ballot
issue proposed, nor shall any such costs be paid by any bonds, taxes, or other
revenues issued under this article; and

(b) The board shall not authorize the construction of a retractable roof
without prior specific statutory authorization if any portion of the costs of
construction of such retractable roof shall be paid or funded by any tax or other
revenues of the district.

Legislative History

Source: L. 96: Entire article added, p. 1056, � 1, effective May 23. L. 97: Entire section amended, p. 1488, � 3, effective June 3. L. 98: (1)(c), (1)(e), (1)(f)(III), (1)(f)(VI), (1)(p), (2)(a), (2)(i), (3), and (5)(c) amended and (1)(g.5), (2)(n.5), and (7) added, pp. 500, 502, �� 2, 3, effective April 22; (2)(c) repealed, p. 154, � 1, effective August 5. L. 2021: IP(6)(a) and (6)(a)(I) amended, (HB 21-1316), ch. 325, p. 2055, � 71, effective July 1. L. 2022: IP(1) and (1)(p) amended, (SB 22-013), ch. 2, p. 93, � 130, effective February 25.