Colorado § 29-3-102 - Legislative declaration.

§ 29-3-102. Legislative declaration.

(1) It is the intent of the general assembly by the passage of this article to authorize counties and municipalities to finance, acquire, own, lease, improve, and dispose of properties to the end that such counties and municipalities may be able to promote industry and develop trade or other economic activity by inducing profit or nonprofit corporations, federal governmental offices, hospitals, and agricultural, forestry, fisheries, mining, construction, manufacturing, transportation, communications, public utilities, wholesale and retail trade, finance, education, insurance, real estate, technology, and any related small business enterprises to locate, expand, or remain in this state, to mitigate the serious threat of extensive unemployment in parts of this state, to secure and maintain a balanced and stable economy in all parts of this state, or to further the use of its agricultural products or natural resources.

(2) It is the further intent of the general assembly to authorize counties and municipalities to finance, refinance, acquire, own, lease, improve, and dispose of properties to the end that pollution may be ameliorated and controlled, more adequate hospital care may be provided, more adequate residential housing facilities for low- and middle-income families and persons may be provided, more adequate facilities for disposing of sewage and solid waste and furnishing water, energy, and gas may be provided, more adequate facilities for sports events and activities and recreation activities, conventions, and trade shows may be provided, more adequate airports, mass commuting facilities, parking facilities, or storage or training facilities may be provided, and more adequate research, product-testing, and administrative facilities may be provided, all of which promote the public health, welfare, safety, convenience, and prosperity.

(3) It is therefore the intention of the general assembly to vest such counties and municipalities with all powers that may be necessary to enable them to accomplish such purposes, which powers shall in all respects be exercised for the benefit of the inhabitants of this state for the promotion of their health, safety, welfare, convenience, and prosperity.

(4) It is not intended by this article to authorize any county or municipality to operate any manufacturing, industrial, commercial, or business enterprise, or any research, product-testing, or administrative facilities of such enterprise, nor to prohibit the operation of utility plants, residential housing facilities, hospitals, sewage or solid waste disposal facilities, facilities for the furnishing of water, energy, or gas, sports and recreation facilities, convention or trade show facilities, airports, mass commuting facilities, parking facilities, or storage or training facilities by any county or municipality.

(5) This article shall be liberally construed in conformity with this legislative declaration.

Source: L. 67: p. 671, § 3. C.R.S. 1963: § 36-24-3. L. 73: p. 476, § 3. L. 74: (1) amended, p. 408, § 24, effective April 11. L. 75: (1), (2), (3), and (4) amended, p. 966, § 1, effective July 14. L. 77: (1) and (2) amended, p. 1408, § 1, effective June 20. L. 2003: (1) amended, p. 726, § 1, effective July 1.

ANNOTATION

Valid public purpose. The general assembly's desire to afford a vehicle to aid in the relief of extensive unemployment, to maintain a balanced and stable economy, and to promote the use of the state's agricultural products represents a valid public purpose. Allardice v. Adams County, 173 Colo. 133, 476 P.2d 982 (1970).

Weight given legislative intent. Although the expressed intent of the general assembly under this section has no magical quality which validates the invalid, it is entitled to reverent weight in determining whether this article promotes a public purpose. Allardice v. Adams County, 173 Colo. 133, 476 P.2d 982 (1970).

This section and § 29-3-119 prohibit county operation of the project. Allardice v. Adams County, 173 Colo. 133, 476 P.2d 982 (1970).