reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-653 - Duties imposed when assessments are levied

(1)
Whenever the board has provided for any project under this article, has levied assessments therefor, and has issued assessment bonds or assessment debentures or both such types of securities for the financing of the same, then and in such event there shall be imposed upon the urban district the following additional duties:
(a)
The district shall act as the agency for the collection of such assessments and in so doing shall act as trustees for the benefit of such holders of assessment debentures or bonds.
(b)
If the board creates more than one improvement district, the funds of each such district shall be kept in a separate fund or account to be used for the payment of interest and principal of the assessment securities pertaining to the improvement district.
(c)
The urban district shall prepare annually and shall make available for inspection in the district treasurer's office to each holder of assessment securities a statement of the financial condition of the improvement district relating to such securities, which report shall include a statement of all delinquencies existing at such time.
(d)
Where there is a delinquency continuing for a period of one year in the payment of any installment of such assessment made for the project, the urban district shall thereafter forthwith proceed with the institution of proceedings to foreclose the assessment lien against the property or properties wherein the delinquency exists, unless the county treasurer has instituted such proceedings, as provided in this article.
(e)
The holder of any assessment security issued under this article or any trustee therefor has the right to institute such foreclosure proceedings in the name of the urban district issuing such security, if such a delinquency has continued for a period of one and one-half years and if the urban district has not theretofore instituted such foreclosure proceedings. The failure of any holder of any assessment security or any trustee therefor so to proceed shall not be deemed a waiver of any other right or privilege and shall not relieve the urban district or any of its officers, agents, or employees of any liability for failure to perform any duty.
L. 69: p. 805, § 166. C.R.S. 1963: § 89-21-166.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-654 - Procedure to place omitted tracts on roll

(1)
Whenever by mistake or inadvertence or for any cause any tract otherwise subject to assessment within any improvement district has been omitted from the assessment roll for any project, the board may, upon its own motion or upon the application of any owner of any tract within such district charged with the lien of an assessment for the project, assess the same in accordance with the special benefits accruing to such omitted tract by reason of such project and in proportion to the assessments levied upon other tracts in such district.
(2)
In any such case the board shall first pass a resolution setting forth that certain tracts therein described were omitted from such assessment, and notifying all persons who may desire to object thereto to appear at a meeting of the board at a time specified in such resolution to present their objection thereto and directing the engineer to report to the board at or prior to the date fixed for such hearing the amount which should be borne by each such tract so omitted, which resolution shall be published at least once by the secretary in a newspaper of general circulation in the improvement district and shall be thereby mailed to the last known owner of each such tract.
(3)
At the conclusion of such hearing or any adjournment thereof, the board shall consider the matter as though each such tract had been included upon the original roll and may confirm the same or any portion thereof by resolution.
(4)
Thereupon the assessment on such roll of each omitted tract shall be collected, the payment of which shall be secured by an assessment lien; and a claim of lien therefor may be filed for record in the office of the county clerk as other assessments, as provided in section
32-11-652
.
L. 69: p. 805, § 167. C.R.S. 1963: § 89-21-167.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-655 - Irregularities in contracts and assessments

(1)
Whenever the board makes any contract pertaining to any project provided in this article or makes any assessment against any tract within any improvement district for any project authorized in this article and, in making such contract or assessment, acts in good faith and without fraud, each such contract and assessment shall be valid and enforceable as such, and the assessment shall be a lien upon the tract upon which the same purports to be a lien.
(2)
It shall be no objection to the validity of such contract, assessment, or lien that:
(a)
The contract for such project was not awarded in the manner or at the time required hereby, or otherwise;
(b)
The contract was made by an unauthorized officer or person if the same has been confirmed by the authorities of the urban district; and
(c)
The assessment is based upon an improper basis of benefits to the tract within the improvement district, unless it appears that the urban district authorities acted fraudulently or oppressively in making such assessment.
L. 69: p. 806, § 168. C.R.S. 1963: § 89-21-168.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-656 - Owner of interest may pay share

The owner of any divided or undivided interest in any tract assessed under this article may pay his share of any assessment, upon producing evidence of the extent of his interest satisfactory to the county treasurer having the roll in charge.
L. 69: p. 806, § 169. C.R.S. 1963: § 89-21-169.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-657 - Payment of assessments by joint owner

(1)
Whenever any assessment or installment thereof is paid or any delinquency therefor is redeemed or any judgment therefor is paid by any joint owner of any tract assessed for any project, such joint owner may, after demand and refusal, by an action brought in the district court recover from each of his co-owners the respective amounts of such payment which each such co-owner should bear with interest thereon at ten percent per annum from the date of such payments, and costs of the action.
(2)
The joint owner making such payment shall have a lien upon the undivided interest of his co-owners in and to such property from date of such payment.
L. 69: p. 806, § 170. C.R.S. 1963: § 89-21-170.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-658 - Assessment paid in error

When, through error or inadvertence, any person pays any assessment or installment thereof upon the tract of another, such payer may, after demand and refusal, by an action in the district court recover from the owner of such tract the amount so paid and costs of the action.
L. 69: p. 807, § 171. C.R.S. 1963: § 89-21-171.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-659 - Description of property - notice to transferees

(1)
It is sufficient in any case to describe the tract as the same is platted or recorded or described in any official record, although the same belongs to several persons.
(2)
Any purchaser, lienholder, assignee, or transferee of any tract subject to assessment as provided in this article, in any improvement district provided for in this article, after the first publication of the notice of the provisional order to create such district, shall be held to notice thereof and of all proceedings with reference thereto the same as the owners of such tract at the time of such notice or proceedings.
L. 69: p. 807, § 172. C.R.S. 1963: § 89-21-172.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-660 - Assessment of public property

(1)
When the urban district, any public body, or the federal government (except the federal government in the absence of its consent by congress to assessment) owns any tract or holds the title to any tract not used as a street or other public right-of-way of the urban district or other public body, which if owned by a private person would be liable to assessment for benefits to pay for any project mentioned in this article, an assessment shall be made against such tract as though such tract were the property of a private person.
(2)
The urban district, the public body, or the federal government, in the case of such consent, shall pay the amount of each such assessment by the levy of taxes or from other funds available therefor.
L. 69: p. 807, § 173. C.R.S. 1963: § 89-21-173.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-661 - Collecting assessments against public properties

(1)
If any assessment against any tract of a private person operating a public utility or any tract of the urban district, any public body, or the federal government is not paid as provided by law, suit may be brought in the proper district court to enforce the collection of the assessment, and the judgment rendered against any such owner of the tract shall be enforced as are other judgments.
(2)
No such tract owned thereby shall be sold under any such judgment, nor as the result of any foreclosure of an assessment, nor otherwise.
L. 69: p. 807, § 174. C.R.S. 1963: § 89-21-174.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-662 - Sewer districts and subdistricts

The urban district may establish and maintain separate or combined sewer systems, which systems shall be divided into improvement district and subdistrict sewers for storm drainage, upon initiation by the board.
L. 69: p. 807, § 175. C.R.S. 1963: § 89-21-175.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-663 - Sewer acquisitions

Sewers and other drainage facilities shall be established and constructed at such time and in such locations, to such extent, with such dimensions and materials, and in accordance with such full details and specifications as may be prescribed by the board. Whenever necessary, land rights-of-way for any sewer or other drainage facility ordered by the board may be purchased, condemned, or otherwise acquired on behalf of the improvement district and the cost charged to such district.
L. 69: p. 807, § 176. C.R.S. 1963: § 89-21-176.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-664 - Classification of sewer districts

(1)
The board may order by resolution:
(a)
The acquisition of improvement district sewers, other drainage facilities, and appurtenances for storm drainage, to be known as sewer districts; and
(b)
The acquisition of relief sewers or other drainage facilities or intercepting sewers or other drainage facilities and appurtenances for storm drainage for districts, to be known as relief districts or as intercepting districts.
(2)
Such sewers shall be constructed so as to connect within or without the improvement district with some other sufficient sewer or disposal facilities or with some natural drainage. Such districts may be composed of subdistricts to be specifically named or numbered in such resolution.
(3)
District sewers, except as provided in this article, shall include all submains necessary to provide outlets for all subdistrict laterals within the improvement district.
(4)
Special district sewers shall include the necessary mains to provide outlets for all laterals within the special sewer district.
L. 69: p. 807, § 177. C.R.S. 1963: § 89-21-177.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-665 - Acquisition of subdistrict laterals

The board may at the time of ordering the acquisition of district sewers or at any time thereafter order the acquisition of subdistrict laterals in any such subdistrict so as to connect the same with the submains or with the district main sewer, the same to be approved by resolution as in the case of district sewers.
L. 69: p. 808, § 178. C.R.S. 1963: § 89-21-178.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-666 - Assessment of district sewers

(1)
The cost of district sewers may be assessed upon all the assessable property in the improvement district, in proportion to the special benefits derived to each of the several tracts comprising the assessable property and on a front-foot, area, zone, or other equitable basis. The cost of subdistrict laterals shall be assessed in like manner upon all the assessable property in the subdistrict.
(2)
The acquisition, however, of any submain may be omitted until such time as it may be required, in which case subdistricts so left without submains shall not be assessed for any part of the cost of submains acquired along, with, and as a part of the sewer district.
(3)
Whenever submains so omitted are required and are constructed, they may be ordered as provided for other sewers, and their cost shall be assessed to the subdistricts which are supplied with submains.
L. 69: p. 808, § 179. C.R.S. 1963: § 89-21-179.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-667 - Issuance of refunding bonds

(1)
Any assessment bonds issued under this article may be refunded pursuant to resolution to be adopted by the board in the manner provided in this article for the issuance of other assessment bonds. Refunding bonds so issued may be secured in such manner and may be made payable from such sources as provided in the resolution authorizing their issuance.
(2)
The security for the payment of the refunding bonds may be greater or lesser than the security for the payment of the bonds refunded. Bonds pertaining to more than one improvement district may be refunded by the bonds of one series. Such refunding bonds may be payable from the unpaid assessments of such improvement districts, and such payment may be additionally secured in accordance with sections
32-11-628
and
32-11-629
and other provisions in this article supplemental thereto.
(3)
Refunding bonds so issued may be sold at public or at private sale or may be exchanged dollar for dollar for the bonds to be refunded.
(4)
If sold, the proceeds of sale may be escrowed for the payment of the bonds to be refunded in such manner as may be provided in the resolution authorizing the refunding bonds and in sections
32-11-564
to
32-11-568
and section
32-11-570
for other refunding bonds of the urban district constituting special obligations.
L. 69: p. 808, § 180. C.R.S. 1963: § 89-21-180.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-668 - Reassessments

Whenever any assessment for any project under this article, in the opinion of the board, is invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction adjudges such assessments to be illegal, the board, whether the project has been effected or not or whether any parts of the assessments have been paid or not, has power to cause a new assessment to be made for the same purpose for which the former assessment was made.
L. 69: p. 809, § 181. C.R.S. 1963: § 89-21-181.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-669 - Procedure for relevy

(1)
When an assessment is so determined to be invalid or illegal, the board shall by resolution order and shall make a new assessment or reassessment upon the tracts which have been or will be benefited by the project to which the invalid assessment pertains, to the extent of their proportionate part of the expense thereof, and in case the cost exceeds the actual value of such project, the new assessment or reassessment shall be for and shall be based upon the actual value of the same at the time of the project's completion.
(2)
To this end the engineer shall make a new assessment roll in an equitable manner with reference to the benefits received, as near as may be in accordance with the law in force at the time such reassessment is made.
(3)
When the new roll has been confirmed and approved by the board as provided for the original assessments, the reassessment shall be enforced and collected in the same manner that other assessments for such project are enforced and collected, under the provisions in sections
32-11-635
to
32-11-661
.
(4)
No proceedings relative to making the cost of any project chargeable upon property benefited thereby, required, and provided by the laws of the urban district prior to the making of the original assessment roll, shall be included or required within the purpose of sections
32-11-668
to
32-11-679
.
L. 69: p. 809, § 182. C.R.S. 1963: § 89-21-182.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-670 - Resolution for reassessment

The board of the urban district shall by resolution order and make a new assessment or reassessment, as provided in section
32-11-669
, upon the tracts which have been or will be benefited by such project to the extent of their proportionate part of the cost of the project.
L. 69: p. 809, § 183. C.R.S. 1963: § 89-21-183.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-671 - Assessment roll - certification

Upon the passage of a resolution, as provided in this article, the engineer shall make out an assessment roll according to the provisions of the resolution and shall certify the same to the board, as provided in section
32-11-636
.
L. 69: p. 809, § 184. C.R.S. 1963: § 89-21-184.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-672 - Notice of filing

Upon receiving the assessment roll, the secretary shall give notice of an assessment hearing, as provided in section
32-11-637
.
L. 69: p. 809, § 185. C.R.S. 1963: § 89-21-185.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-673 - Hearing

At the time and place appointed for hearing, the board shall hold an assessment hearing and shall otherwise proceed, as provided in section
32-11-638
.
L. 69: p. 809, § 186. C.R.S. 1963: § 89-21-186.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-674 - Levy of reassessment - cost and value

(1)
The fact that the contract has been let or that such project has been acquired or improved, or acquired and improved, and otherwise completed in whole or in part shall not prevent such assessment from being made, nor shall the omission, failure, or neglect of any officer to comply with the provisions of the laws governing the urban district as to petition, notice, resolution to acquire or improve, or both acquire and improve, estimate, survey, diagram, manner of letting contract or execution of work, or any other matter whatsoever connected with the project and the first assessment thereof operate to invalidate or in any way to affect the making of the new assessment or reassessment, as provided for by sections
32-11-668
to
32-11-679
, charging the property benefited with the expense thereof, except as otherwise provided in this article.
(2)
Any such reassessment shall be levied by resolution, shall become final, and shall be subject to appeal as provided in sections
32-11-639
and
32-11-640
.
(3)
Such reassessment shall be for an amount which shall not exceed the actual cost and value of the project, together with any interest that has lawfully accrued thereon; and such amount shall be equitably apportioned upon the tracts benefited thereby according to the provisions of the laws of the urban district.
(4)
It is the true intent and meaning of sections
32-11-668
to
32-11-679
to make the cost and expense of each local improvement project payable by the tracts benefited by such project by making a reassessment therefor, notwithstanding that the proceedings of the board, engineer, or other body or any officers thereof may be found irregular or defective, whether jurisdictional or otherwise.
L. 69: p. 809, § 187. C.R.S. 1963: § 89-21-187.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-675 - Credits for prior assessment

Whenever any sum or any part thereof levied upon any tract in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment of the tract on account of which the same was paid.
L. 69: p. 810, § 188. C.R.S. 1963: § 89-21-188.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-676 - Collection of assessments - new warrant or order

(1)
In all cases where the county treasurer or other district and county authorities are unable to enforce the collection of any assessment by reason of irregularity or omission in any proceedings subsequent to the confirmation of the assessment, the board is authorized to cause a new warrant or order to issue to the county treasurer or other proper officer for the collection of any assessment which by reason of such irregularity or omission remains unpaid and not collected.
(2)
The county treasurer or other proper officer shall proceed under such new warrant or order to enforce and to collect the assessments therein specified in the same manner, as near as may be, as is prescribed by the provisions of sections
32-11-642
to
32-11-651
, for the enforcement and the collection of assessments, after the same have been confirmed and reassessed, as provided in sections
32-11-668
to
32-11-679
.
(3)
As often as any failure occurs by reason of such irregularities or omissions, a new warrant or order may issue, and new proceedings shall be had in like manner until such assessment is fully collected as to each tract charged therewith.
L. 69: p. 810, § 189. C.R.S. 1963: § 89-21-189.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-677 - Appeal to district court

Any person who has filed objections to such new assessment or reassessment, as provided in this article, has the right to appeal to the district court of this state in and for the county and district in which the tract assessed is situated, as provided and subject to the limitations in section
32-11-640
.
L. 69: p. 810, § 190. C.R.S. 1963: § 89-21-190.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-678 - Procedure exclusive

The rights and remedies given in this article to the taxpayer and the property owner for objecting to, contesting, or appealing from the amount, correctness, regularity, or validity of such new assessment or reassessment are declared to be exclusive of all other rights, remedies, suits, or actions either at law or in equity which might otherwise be available, to afford him a sufficient day in court for the redressing of all rights and grievances that he may have in connection with such new assessment or reassessment.
L. 69: p. 811, § 191. C.R.S. 1963: § 89-21-191.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-679 - Application of reassessment funds

Whenever the urban district issues assessment debentures or assessment bonds to obtain funds to pay for any project which has been actually acquired or improved, or both acquired and improved, and the assessments levied therefor fail to be valid or sufficient in whole or in part and a new assessment or reassessment has been levied and confirmed, as provided in sections
32-11-668
to
32-11-679
, then the urban district is directed to apply all moneys derived from such assessments, new assessments, and reassessments to the payment of such assessment securities according to their tenor. The securities issued for any project actually acquired or improved, or both acquired and improved, shall be valid and binding obligations of the district, payable out of such assessments, new assessments, and reassessments, which shall be levied and relevied until payment in full has been made, as provided in section
32-11-624
.
L. 69: p. 811, § 192. C.R.S. 1963: § 89-21-192.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 7 - ANNEXATION (§§ 32-11-701 — 32-11-706) › Section 32-11-701 - Annexation of lands to district

(1)
The territorial limits of the urban district may be enlarged by the annexation of additional real property thereto in the following ways:
(a)
By petition and consent of the fee owner pursuant to sections
32-11-702
and
32-11-706
;
(b)
By petition of the taxpaying electors, and approval pursuant to sections
32-11-703
,
32-11-704
, and
32-11-706
; and
(c)
By action initiated by the urban district pursuant to sections
32-11-705
and
32-11-706
.
L. 69: p. 812, § 201. C.R.S. 1963: § 89-21-201. L. 70: p. 302, § 130.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 7 - ANNEXATION (§§ 32-11-701 — 32-11-706) › Section 32-11-702 - Petition of fee owners

(1)
The fee owner of any real property contiguous to the territorial limits of the district and capable of being served with facilities of the district may file with the board a petition in writing praying that such property be included in the district.
(2)
The petition shall set forth an accurate legal description of the property owned by the petitioners and shall state that assent to the annexation of such property in the district is given by the signers thereto, constituting all the fee owners of such property.
(3)
The petition must be acknowledged in the same manner required for conveyance of land.
(4)
There shall be no withdrawal from a petition after consideration by the board, nor shall further objections be filed except in case of fraud or misrepresentation.
(5)
The board shall hear the petition at an open meeting after the publication of a notice of the filing of such petition, and of the place, time, and date of such meeting, and of the names and addresses of the petitioners, in a newspaper of general circulation in the county or counties in which the real property proposed to be annexed is located.
(6)
The board shall determine if such annexation is feasible and in the best interests of the district.
(7)
If the board so determines, the board shall grant the petition.
(8)
If the petition is granted as to all or any of the real property therein described, the board shall by resolution make an order to that effect.
L. 69: p. 812, § 202. C.R.S. 1963: § 89-21-202.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 7 - ANNEXATION (§§ 32-11-701 — 32-11-706) › Section 32-11-703 - Petition of taxpaying electors

(1)
Not less than ten percent or one hundred, whichever number is smaller, of the taxpaying electors of any real property which is contiguous to the district and contains twenty-five thousand or more square feet of land may file a petition with the board in writing praying that such area be annexed to the district; but no single tract or parcel or property, containing ten acres or more, may be included in any district without the consent of the owner thereof.
(2)
The petition shall describe the area to be annexed and shall be acknowledged in the same manner as conveyances of land are required to be acknowledged.
(3)
The secretary of the board shall cause notice of the filing of the petition to be given by publication in a newspaper of general circulation in the county or counties in which the property is situated.
(4)
The notice shall state:
(a)
The fact that such a petition has been filed;
(b)
The names of the petitioners;
(c)
The description of the area desired to be included;
(d)
The date and place of a hearing on the proposed annexation; and
(e)
A statement that all persons interested shall appear at the time and place stated in the notice and show cause in writing why the petition should not be granted.
(5)
There shall be no withdrawal from a petition after consideration by the board, nor shall further objections be filed except in case of fraud or misrepresentation.
(6)
The board, at the time and place mentioned in the notice, shall proceed to hear the petition and all written objections thereto.
(7)
The board shall determine if such annexation is feasible and in the best interests of the district.
L. 69: p. 813, § 203. C.R.S. 1963: § 89-21-203.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 7 - ANNEXATION (§§ 32-11-701 — 32-11-706) › Section 32-11-704 - Annexation election

(1)
If the petition filed under section
32-11-703 (1)
is provisionally granted, the board by resolution shall:
(a)
Make an order to that effect;
(b)
Direct that the question of inclusion of the area within the district be submitted to the registered electors at an election held within the area to be included; and
(c)
Designate the designated election official, who shall give notice and conduct the election according to article
13.5
of title
1
.
(2)
The designated election official shall prepare the ballot for any election under this part 7. The ballot must contain substantially the following words:
"Shall the following described area become a part of the urban drainage and flood control district upon the following conditions, if any?
(insert description of area)
(insert description of conditions)
For inclusion __________
Against inclusion __________."
(3) and (4)
(Deleted by amendment, L. 92, p. 917, § 182, effective January 1, 1993.)
(5)
If a majority of the votes cast on the question at the election favor inclusion, the board shall by resolution enter an order making the real property a part of the district.
Amended by 2018 Ch. 22, § 4, eff. 3/7/2018.
L. 69: p. 813, § 204. C.R.S. 1963: § 89-21-204. L. 70: p. 303, § 131. L. 71: p. 965, § 16. L. 81: (2) amended, p. 1627, § 38, effective July 1. L. 92: Entire section amended, p. 917, § 182, effective 1/1/1993. L. 2018: (1) and (2) amended, (SB 18-025), ch. 22, p. 275, § 4, effective March 7.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 7 - ANNEXATION (§§ 32-11-701 — 32-11-706) › Section 32-11-705 - Annexation initiated by board

(1)
At any time as a condition to an annexation initiated by the board, it may determine by resolution that real property proposed for annexation:
(a)
Is contiguous to the territorial limits of the district;
(b)
Contains six hundred forty or more acres of land;
(c)
Has become urbanized by having a population of at least one thousand persons per square mile and having at least five hundred dwelling units per square mile; and
(d)
Is capable of being served with the facilities of the urban district.
(2)
Such a resolution shall provisionally order the annexation of such area.
(3)
The secretary of the board shall cause notice of the adoption of the provisional resolution to be given by publication in a newspaper of general circulation in the county or counties in which the property is situated.
(4)
The notice shall state:
(a)
The fact that such a provisional resolution has been adopted;
(b)
The description of the area desired to be included;
(c)
The date and place of a hearing on the proposed annexation; and
(d)
A statement that all persons interested shall appear at the time and place stated in the notice and show cause in writing why the annexation should not be made final.
(5)
The board, at the time and place mentioned in the notice, shall proceed to hear all written objections to the proposed annexation and all other matters in the premises.
(6)
The board shall determine by resolution if such annexation is feasible and in the best interest of the district.
(7)
If the board so determines, the secretary shall furnish by mail to the director of the division of local government within the department of local affairs, under the seal of the district, a copy of the provisional resolution and of the feasibility resolution and shall request the director to approve the annexation.
(8)
If the director approves the annexation in writing, the board, upon the receipt of such approval, may by resolution enter its order making the real property a part of the district.
L. 69: p. 814, § 205. C.R.S. 1963: § 89-21-205.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 7 - ANNEXATION (§§ 32-11-701 — 32-11-706) › Section 32-11-706 - General provisions about annexations

(1)
The failure of any person in the urban district or in the area to be annexed to file a written objection to any proposed annexation in a hearing of the board thereon shall be taken as an assent on such person's part to the inclusion in the district of the area described in the notice of the hearing for annexation.
(2)
The action of the board in its determination that any proposed annexation which it orders is feasible and to the best interests of the district shall be final, conclusive, and not subject to review.
(3)
Whenever the board by resolution enters an order annexing any real property to the urban district, the secretary of the board shall forthwith file the resolution:
(a)
With the secretary of state;
(b)
With the attorney general of the state;
(c)
With the division of local government; and
(d)
With each county clerk and recorder, county assessor, and county treasurer of the county or counties in which the annexed real property is located.
(4)
If an order is so entered annexing real property to the urban district, such order is deemed final. The entry of such order finally and conclusively establishes the annexation of the real property to the district against all persons except the state, in a proceeding in the nature of quo warranto, commenced by the attorney general within thirty days after the resolution entering such order is filed with him or her and not otherwise. Such an annexation shall not be directly or collaterally questioned in any suit, action, or proceeding except as expressly authorized in this subsection (4).
(5)
After the date of the annexation of such real property to the urban district by the adoption of such resolution, the annexed property shall be liable for its proportionate share of existing bonded indebtedness of the district; but such real property shall not be liable for any taxes or service charges levied or assessed prior to the inclusion of such annexed property in the district, nor shall the entry of the property into the district be made subject to or contingent upon the payment or assumption of any penalty, toll, or charge, other than the taxes and service charges which are uniformly made, assessed, or levied for the entire district except as otherwise expressly provided in this article.
(6)
The urban district acting by and through the board and the owner of the real property sought to be annexed to the district may enter into an agreement with respect to the terms and conditions on which such property may be annexed.
Amended by 2016 Ch. 94,§ 17, eff. 8/10/2016.
L. 69: p. 815, § 206. C.R.S. 1963: § 89-21-206. L. 2016: (4) amended, (HB 16-1094), ch. 94, p. 268, § 17, effective August 10.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 8 - MISCELLANEOUS (§§ 32-11-801 — 32-11-817) › Section 32-11-801 - Budgets, accounts, and audits

The district shall adopt a budget for each fiscal year, shall maintain accounts, and shall cause an annual audit to be made pertaining to the financial affairs of the district as respectively provided in the local government budget law of Colorado, the Colorado local government uniform accounting law, and the Colorado local government audit law, as from time to time amended, except as otherwise provided in this article.
L. 69: p. 760, § 32. C.R.S. 1963: § 89-21-32. L. 77: Entire section amended, p. 289, § 66, effective June 29.
For the local government budget law, see part 1 of article 1 of title 29; for the local government uniform accounting law, see part 5 of article 1 of title 29; for the local government audit law, see part 6 of article 1 of title 29.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 8 - MISCELLANEOUS (§§ 32-11-801 — 32-11-817) › Section 32-11-802 - Effect of extraterritorial functions

All of the powers, privileges, immunities, rights, exemptions from laws, ordinances, and rules, all pension, relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of the district or any such public body when performing their respective functions within the territorial limits of the respective public agencies shall apply to them to the same degree and extent while engaged in the performance of any of their extraterritorial functions and duties under this article.
L. 69: p. 762, § 35. C.R.S. 1963: § 89-21-35. L. 90: Entire section amended, p. 573, § 68, effective July 1.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 8 - MISCELLANEOUS (§§ 32-11-801 — 32-11-817) › Section 32-11-803 - Early hearings

(1)
All cases in which there may arise a question of validity of any power granted in this article or of any other provision of this article shall be advanced as a matter of immediate public interest and concern and shall be heard at the earliest practicable moment.
(2)
The courts shall be open at all times for the purposes of this article.
L. 69: p. 811, § 193. C.R.S. 1963: § 89-21-193.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 8 - MISCELLANEOUS (§§ 32-11-801 — 32-11-817) › Section 32-11-804 - Decision of board final

The action and decision of the board proceeding under this article as to all matters passed upon by the board in relation to any action, matter, or thing provided in this article shall be final and conclusive in the absence of fraud.
L. 69: p. 811, § 194. C.R.S. 1963: § 89-21-194.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 8 - MISCELLANEOUS (§§ 32-11-801 — 32-11-817) › Section 32-11-805 - Correction of faulty notices

In any case where a notice is provided for in this article, if the board or the court finds for any reason that due notice was not given, the board or the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or abated; but the board or court shall order due notice to be given and shall continue any hearing until such time as notice is properly given, and thereupon shall proceed as though notice has been properly given in the first instance.
L. 69: p. 811, § 195. C.R.S. 1963: § 89-21-195.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 8 - MISCELLANEOUS (§§ 32-11-801 — 32-11-817) › Section 32-11-806 - Correction of errors in proceedings

It is the duty of the board, and it shall have the power by any subsequent proceedings, to correct any mistakes, errors, or irregularities in any of the proceedings mentioned in this article.
L. 69: p. 811, § 196. C.R.S. 1963: § 89-21-196.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 8 - MISCELLANEOUS (§§ 32-11-801 — 32-11-817) › Section 32-11-807 - Retention of jurisdiction

(1)
The board may continue the hearing upon any petition or resolution or remonstrance provided for in this article and shall retain jurisdiction until the same is fully disposed of.
(2)
The board shall not lose jurisdiction over the acquiring or improving, or acquiring and improving, of any project, the levy of any taxes, assessments, or service charges, or the issuance of any securities or any other matter provided for in this article by reason of any adjournment or any delays, errors, mistakes, or irregularities on the part of any director or any district officer or any other person.
L. 69: p. 811, § 197. C.R.S. 1963: § 89-21-197.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 8 - MISCELLANEOUS (§§ 32-11-801 — 32-11-817) › Section 32-11-808 - Conclusiveness of board's determination

The determination of the board that the limitations imposed in this article upon the issuance of bonds or upon the issuance of other securities under this article, both general obligations and special obligations, have been met shall be conclusive in the absence of fraud or arbitrary and gross abuse of discretion, regardless of whether the authorizing resolution or the securities thereby authorized contain a recital as authorized by section
32-11-507
.
L. 69: p. 812, § 198. C.R.S. 1963: § 89-21-198.