reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 9 - ESTABLISHMENT OF PUBLIC AUTHORITIES BY MUNICIPALITIES - ENERGY RESOURCES (§§ 31-25-901 — 31-25-910) › Section 31-25-907 - Powers of authority to effect purposes specified

(1)
To accomplish the purposes specified in sections
31-25-901
and
31-25-902
, authorities are granted the following additional powers:
(a)
To acquire, hold, use, transfer, and convey any real property or any interest therein, in fee or a leasehold interest, for purposes of initiating projects involving unconventional gas exploration, production, and development;
(b)
To engage in any and all activities respecting the exploration, development, production, distribution, marketing, and sale of unconventional gas to any person or public or private entity or for municipal uses;
(c)
To issue revenue bonds authorized by action of the governing body, without the approval of the qualified electors of the municipality, for purposes of financing the exploration, development, production, distribution, and marketing of unconventional gas.
L. 80: Entire part added, p. 660, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 9 - ESTABLISHMENT OF PUBLIC AUTHORITIES BY MUNICIPALITIES - ENERGY RESOURCES (§§ 31-25-901 — 31-25-910) › Section 31-25-908 - Provisions relating to revenue bonds

(1)
Revenue bonds issued by the authority shall be issued in the manner provided in part 4 of article
35
of this title for the issuance of revenue bonds by municipalities; except that such revenue bonds may be sold in one or more series at par, or below or above par, at public or private sale, in such manner and for such price as the authority, in its discretion, shall determine.
(2)
Revenue bonds issued by the authority and interest coupons, if any, appurtenant thereto shall never constitute the debt or indebtedness of the municipality within the meaning of any provision or limitation of the state constitution, statutes, or home rule charter and shall not constitute nor give rise to a pecuniary liability of the municipality or a charge against its general credit or taxing powers.
(3)
Revenue bonds and the income issued by the authority therefrom are exempt from taxation, except inheritance, estate, and transfer taxes.
(4)
Revenue bonds issued by the authority shall bear interest at a rate such that the net effective interest rate of the issue of bonds does not exceed the maximum net effective interest rate authorized.
L. 80: Entire part added, p. 661, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 9 - ESTABLISHMENT OF PUBLIC AUTHORITIES BY MUNICIPALITIES - ENERGY RESOURCES (§§ 31-25-901 — 31-25-910) › Section 31-25-909 - Contracts with federal government

(1)
In addition to the powers conferred upon the authority by section
31-25-907
, the authority, with regard to its relations with the federal government, is empowered:
(a)
To borrow money from the federal government to finance any project and to borrow from private sources when such borrowing is guaranteed by the federal government;
(b)
To take over any land offered by the federal government for the construction of a project; and
(c)
To take over, lease, or manage any project so constructed or owned by the federal government and, to that end, to enter into any such contracts, leases, or other agreements as the federal government may require in such connection; except that such takeover shall not interfere with the normal use of any real property, or other property appurtenant thereto, which is devoted or dedicated to a public utility use.
(2)
Such contract, lease, or other agreements may provide that the federal government has the right to supervise and approve the construction, maintenance, and operation of such project.
(3)
It is the purpose and intent of this section to authorize such authority to accept the cooperation of the federal government in the construction, maintenance, and operation and in the financing of the construction of any project which the authority is empowered to undertake. Such authority has the full power to do all things necessary in order to secure such aid, assistance, and cooperation.
L. 80: Entire part added, p. 661, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 9 - ESTABLISHMENT OF PUBLIC AUTHORITIES BY MUNICIPALITIES - ENERGY RESOURCES (§§ 31-25-901 — 31-25-910) › Section 31-25-910 - [Repealed]

L. 80: Entire part added, p. 662, § 1, effective July 1.
Subsection (2) provided for the repeal of this section, effective July 1, 1985. (See L. 80, p. 662.)
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 10 - [Repealed] (§ 31-25-1001) › Section 31-25-1001 - to 31-25-1004 - [Repealed]

L. 86: Entire part repealed, p. 1062, § 39, effective July 1.
This part 10 was added in 1981 and was not amended prior to its repeal in 1986.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 11 - FORECLOSURE PROCEEDINGS (§§ 31-25-1101 — 31-25-1119) › Section 31-25-1101 - Legislative declaration

This part 11 is intended to provide a summary method for the collection of delinquent assessments and shall be liberally construed in favor of the taxing authority and the grantee in any deed issued pursuant to its provisions. No collateral attack whatsoever shall be permitted by any court or tribunal upon the title thus acquired, whether said title is acquired by the taxing authority itself or by any other purchaser. All taxing authorities within the state of Colorado authorized to levy any special tax or assessment are hereby specifically authorized to take advantage of the provisions of this part 11 and to take, hold, and convey title to the property sold. Conveyances shall be authorized by order of the governing body of the taxing authority, without any other further formality or proceeding.
L. 81: Entire part added, p. 1618, § 21, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 11 - FORECLOSURE PROCEEDINGS (§§ 31-25-1101 — 31-25-1119) › Section 31-25-1102 - Definitions

As used in this part 11, unless the context otherwise requires:
(1)
"Costs" means all costs associated with the foreclosure of any lien for special assessments levied upon any property. "Costs" includes, but is not limited to, publication costs; costs of sale; service of process fees; title insurance costs including costs for foreclosure certificates or litigation guarantee certificates; if such special assessment had been certified to the county treasurer, a fee for the county treasurer equal to the amount specified in section
30-1-102(1)(c)
, C.R.S.; and any general taxes due or past due on such property, all interest and penalties thereon, and any fees and costs associated therewith.
(1.5)
"Property" means any property which is, by the laws of the state of Colorado or the charter of any municipal corporation organized under the constitution of the state of Colorado, subject to the levy of assessments for local improvements within any city, town, or other taxing district in the state of Colorado.
(2)
"Taxing authority" means the Colorado new energy improvement district created in section
32-20-104(1)
, C.R.S., and any municipal corporation or taxing district organized under the constitution and laws of the state of Colorado with power to make local improvements therein and pay for the same by means of special assessments based upon benefits accruing to property within the municipality or taxing district by reason of such local improvement.
L. 81: Entire part added, p. 1618, § 21, effective July 1. L. 83: (1) and (2) amended, p. 1249, § 2, effective March 17. L. 90: (1) R&RE, p. 1475, § 13, effective July 1; (1.5) added, p. 1475, § 14, effective October 1. L. 2010: (2) amended, (HB 10-1328), ch. 426, p. 2223, §4, effective June 11.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 11 - FORECLOSURE PROCEEDINGS (§§ 31-25-1101 — 31-25-1119) › Section 31-25-1103 - Property in default

Whenever any property in this state is in default in the payment of any special assessment levied to pay the cost of any local improvement or any installment thereof or any interest thereon, the taxing authority which has levied said assessment may in its discretion foreclose the lien thereof by an administrative proceeding in the manner provided in this part 11.
L. 81: Entire part added, p. 1618, § 21, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 11 - FORECLOSURE PROCEEDINGS (§§ 31-25-1101 — 31-25-1119) › Section 31-25-1104 - Action in rem - lien against property

(1)
In any case of default as provided in section
31-25-1103
, the taxing authority may institute a proceeding in the nature of an action in rem, in the district court of the county in which the property is situate, denominated "in the matter of the foreclosure of special assessments for (here insert the nature of the assessment)". In such proceeding, it shall not be necessary to name any property owner or other person.
(2)
The petition, when verified by any officer of the taxing authority, shall be deemed sufficient if it includes the following: The nature of the assessment, a list of the property in default, the amount of the delinquent assessment including accrued interest and penalties for nonpayment against each particular lot or tract, and a request that a date of hearing be fixed not less than twenty nor more than forty days after the filing of the complaint and that, unless good cause be shown to the contrary, the court will then enter an order fixing the amount of the delinquency and costs and authorizing the sale of the property for the payment of the amount so fixed.
(3)
In such proceeding, the taxing authority may act against all or any part of the property so in default and may elect to proceed with respect to any installment or installments in default or with respect to the entire assessment if the same is in default. The sale for any installment shall not extinguish the lien of any installment subsequently becoming due.
L. 81: Entire part added, p. 1618, § 21, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 11 - FORECLOSURE PROCEEDINGS (§§ 31-25-1101 — 31-25-1119) › Section 31-25-1105 - Form of notice of hearing to authorize sale

In any proceeding authorized by section
31-25-1104
, upon filing of the petition, the clerk of the district court in which such petition is filed shall issue under the seal of the court a notice which shall be in substantially the following form:
"STATE OF COLORADO
)
)
ss.
County of .....................................................................
)
In the Matter of the Foreclosure of Special Assessments
)
IN THE
for (here insert the nature of the assessment )
)
DISTRICT COURT.
)
NOTICE
)
To all Persons having any Interest in the premises hereinafter described:
Take notice that (here insert name of taxing authority) has instituted a proceeding in this court for the purpose of foreclosing the lien of certain special assessments for (here insert nature of assessment) upon the following properties, situate, lying, and being in the County of .............., State of Colorado, the amount of the assessment for each separate parcel being set opposite the description of the various lots or tracts, to wit:
Description of Property: (insert description) Amount Due: (insert amount)
You will further take notice that on the .............. day of .............., A.D., 20......, at the hour of ............ o'clock .... M., at the Court House in the County of .............., Colorado, any person having any right, title, interest, claim, or demand in or to any of the above described property or any part thereof may appear and show cause, if any, why the court should not enter an order fixing the amount of the delinquency against each such piece of property in default, together with costs, and authorizing the sale of said property for such delinquency.
WITNESS the signature of the clerk of said court with the seal thereof hereunto affixed at his office in the County of .............., State of Colorado, this .............. day of .............., A.D., 20....
.................................................................
Clerk.
By .................................................................
Deputy Clerk."
L. 81: Entire part added, p. 1619, § 21, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 11 - FORECLOSURE PROCEEDINGS (§§ 31-25-1101 — 31-25-1119) › Section 31-25-1106 - Publication of notice - copy mailed

The notice required by section
31-25-1105
shall be published twice in a newspaper of general circulation in the county in which the proceeding is instituted. The fact of such publication shall be conclusively established by the publisher's affidavit of publication. The first publication of such notice shall be more than ten days and the last publication within five days before the date set for the hearing. In addition to such published notice, the clerk of the court shall mail a copy of such notice to each record owner of the property described in such notice and to every mortgagee, lien claimant, or other person having any right, title, or interest in or to said property as disclosed by the records on file in the office of the county clerk and recorder of the particular county. Copies of such notice shall be sent to such owners and persons at their last known addresses. If addresses of such owners and persons are unknown to the clerk, notices shall be directed to the post office nearest to the property described in said notice. Also, the clerk of the district court shall cause a copy of the notice to be served on some person occupying the property described in such notice, if there are any. The mailing and serving of notices shall be completed at least ten days before the date of the hearing specified in the notice. Affidavit thereof shall be filed in the clerk's office, which affidavit shall be prima facie evidence of the fact of such mailing and service.
L. 81: Entire part added, p. 1620, § 21, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 11 - FORECLOSURE PROCEEDINGS (§§ 31-25-1101 — 31-25-1119) › Section 31-25-1107 - Objections

Any interested person may file written objections to the foreclosure of such assessment lien, setting forth the grounds relied upon to prevent the sale of any specific property subject to the lien of such assessment.
L. 81: Entire part added, p. 1620, § 21, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 11 - FORECLOSURE PROCEEDINGS (§§ 31-25-1101 — 31-25-1119) › Section 31-25-1108 - Procedure in court

At the time specified in the notice, the court shall proceed to hear and determine all issues raised. If there are no objections, the petitioner shall only be required to establish that the assessment has been made, certified, and extended and that the payment of the same, or any portion thereof, is in default.
L. 81: Entire part added, p. 1620, § 21, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 11 - FORECLOSURE PROCEEDINGS (§§ 31-25-1101 — 31-25-1119) › Section 31-25-1109 - Court to direct sale of property

With respect to property concerning which there is no appearance or concerning which all objections presented are overruled, the court shall forthwith enter a final order fixing the amount of the delinquency and costs and directing the treasurer of the taxing authority to sell such property at a date not more than ten days after the entry of such order for the purpose of satisfying the same. No proceeding to review any order of the district court entered under the provisions of this part 11 for the sale of any property shall be commenced after thirty days from the entry of the order sought to be reviewed. No proceeding to review such order shall be permitted to interrupt or delay the sale of any property with respect to which no such proceeding has been commenced. The provisions of this section shall not apply to any person in interest who has not been given actual notice. No sale shall be stayed unless the applicant for review files a bond in the supreme court in a penal sum not less than the amount of the delinquent assessment, with the condition that the amount of said tax, together with costs, shall be summarily forfeited to the taxing authority if the ruling of the trial court is sustained, in which event payment under the bond shall constitute a payment of the delinquent tax. If order of sale is denied by the district court, the taxing authorities shall have the right to a review of the proceedings in the supreme court and shall not be required to file a bond therefor.
L. 81: Entire part added, p. 1620, § 21, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 11 - FORECLOSURE PROCEEDINGS (§§ 31-25-1101 — 31-25-1119) › Section 31-25-1110 - Notice of sale

Notice of sale shall be given by one publication in a newspaper of general circulation in such county, which notice shall be in substantially the following form:
"Notice of Sale of Property for Delinquent Special Assessments (here insert nature of assessment).
The undersigned, Treasurer of the .............. of .............., in the State of Colorado, pursuant to an order of the District Court of the ........ Judicial District of the State of Colorado, within and for the County of .............., authorizing the sale of property for the nonpayment of special assessments levied for (here insert nature of assessment) in the amounts set opposite the description of the various lots and tracts, will on the ............ day of ............, A.D., 20......, at the hour of ........ M., sell at public auction at his office in .............. County, Colorado, the following described property, to wit: (here insert description of property and amount of assessment)
Description
Amount
....................................................
Treasurer of .............................
County, Colorado.
Dated .............., 20....."
L. 81: Entire part added, p. 1621, § 21, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 11 - FORECLOSURE PROCEEDINGS (§§ 31-25-1101 — 31-25-1119) › Section 31-25-1111 - Liens may be paid prior to sale

At any time prior to the day of sale, any person having any right, title, or interest in or lien upon any delinquent property may pay the amount of all unpaid past-due installments with interest at the rate of one percent per month, or fraction of a month, on the amount delinquent, together with all penalties and costs, whereupon the owner of such property shall be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered.
L. 81: Entire part added, p. 1621, § 21, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 11 - FORECLOSURE PROCEEDINGS (§§ 31-25-1101 — 31-25-1119) › Section 31-25-1112 - Sale - certificate of purchase - filing

(1)
At the time and place fixed in such notice, the treasurer of the taxing authority shall proceed to sell the property described in the notice and shall sell the same to the person who pays the amount fixed by the court and who further offers to accept the lowest rate of interest upon the amount so paid, which rate shall not exceed one percent per month. The treasurer may adjourn any such sale or cause the same to be adjourned from time to time by announcement at the time and place appointed for such sale. Without further notice or publication, such sale may be made at the time and place to which the same is so adjourned.
(2)
Upon the completion of any sale, the treasurer of the taxing authority shall execute and deliver to the purchaser a certificate of purchase in substantially the following form:
"Certificate of Purchase.
THIS IS TO CERTIFY that on the .............. day of .............., A.D., 20......, the following described property, to wit:
(Description of Property)
was sold to .............. for the nonpayment of a special assessment for (nature of assessment) in the sum of $ ........ . If such property is not redeemed within three years from the above date, a deed to said property will issue to said .............., or his heirs, executors, administrators, or assigns.
If redemption is made, the holder hereof shall be entitled to interest on said amount at the rate of one percent per month from the date of said sale to the date of redemption.
IN WITNESS WHEREOF, I have hereunto set my hand at .............., Colorado, this ............ day of ............, A.D., 20.....
.................................................
Treasurer of ............................"
(3)
Certificates of purchase shall be filed in the office of the county clerk and recorder of the county where the property is situated.
L. 81: Entire part added, p. 1621, § 21, effective July 1. L. 91: (3) amended, p. 709, § 7, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 11 - FORECLOSURE PROCEEDINGS (§§ 31-25-1101 — 31-25-1119) › Section 31-25-1113 - Bonds applied to purchase price

At any such sale, the purchaser, for the purpose of making settlement or payments for property purchased, shall be entitled to turn in or apply toward the payment of the purchase price any of the bonds or other securities which are made payable out of the proceeds of the assessments for the collection of which such sale is made, together with any matured and unpaid coupons, and shall be entitled to be credited therefor to the extent of the par value of such bonds and coupons. Such bonds and coupons so applied in payment by the purchaser shall be deemed to be paid to the extent of the amount so turned in.
L. 81: Entire part added, p. 1622, § 21, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 11 - FORECLOSURE PROCEEDINGS (§§ 31-25-1101 — 31-25-1119) › Section 31-25-1114 - Treasurer may reject bids

If at any such sale a sufficient bid is not made, the treasurer shall strike off the property to the taxing authority at the conclusion of the sale, issuing a single certificate of purchase therefor, describing therein all the property so stricken off.
L. 81: Entire part added, p. 1622, § 21, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 11 - FORECLOSURE PROCEEDINGS (§§ 31-25-1101 — 31-25-1119) › Section 31-25-1115 - Property redeemable within three years - certificate

Any person having any right, title, or interest in or lien upon any property sold has the right to redeem the property within three years after any such sale by paying the amount of the delinquent assessment with interest thereon at the rate of one percent per month or fraction thereof. Upon such redemption the treasurer shall issue a certificate therefor and shall call in and cancel the certificate of purchase theretofore issued. Certificates of redemption shall be filed in the office of the county clerk and recorder of the county where the property is situated.
L. 81: Entire part added, p. 1622, § 21, effective July 1. L. 91: Entire section amended, p. 710, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 11 - FORECLOSURE PROCEEDINGS (§§ 31-25-1101 — 31-25-1119) › Section 31-25-1116 - Treasurer may issue deed - form

Upon the expiration of the period of redemption, the treasurer shall issue deeds to purchasers or to the taxing authority. Any one deed may convey one or more parcels of land, whether the same are contiguous or not. The deed shall be in form substantially as follows:
"KNOW ALL MEN BY THESE PRESENTS: That I, .............., Treasurer of .............. in and for the County of .............., State of Colorado, did on the .............. day of .............., A.D., 20...., sell at public auction unto .............., the following described property in the County of .............., State of Colorado, to wit:
(Description of Property)
WHEREFORE, in full conformity with law, I do bargain, sell, convey, and quitclaim unto said .............., the aforesaid property.
TO HAVE AND TO HOLD the same unto the said .............., his heirs and assigns forever.
IN WITNESS WHEREOF, I have subscribed these presents this .............. day of .............., 20.....
.................................................
Treasurer of ............................"
L. 81: Entire part added, p. 1622, § 21, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 11 - FORECLOSURE PROCEEDINGS (§§ 31-25-1101 — 31-25-1119) › Section 31-25-1117 - Effect of deed

All such deeds shall be duly acknowledged and when recorded shall be prima facie evidence in favor of the grantee named therein and of any person claiming by, through, or under him of the regularity of the assessment and the court proceedings, sale, and title of the grantee and after recording shall be prima facie evidence of the ownership by the grantee named therein of the property therein described, free and clear of all liens and encumbrances whatsoever, except the lien of general taxes or special assessments outstanding and unpaid at the time of issuing such deed and except the lien of any special assessment installment subsequently becoming due.
L. 81: Entire part added, p. 1623, § 21, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 11 - FORECLOSURE PROCEEDINGS (§§ 31-25-1101 — 31-25-1119) › Section 31-25-1118 - Procedure not mandatory

The proceeding authorized by this part 11 shall not be obligatory upon any taxing authority. Such taxing authority, at its election, may pursue any other remedy provided by law for the collection of delinquent assessments.
L. 81: Entire part added, p. 1623, § 21, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 11 - FORECLOSURE PROCEEDINGS (§§ 31-25-1101 — 31-25-1119) › Section 31-25-1119 - Fifteen-year limitation

No action shall be commenced to foreclose the lien created by any bonds or warrants issued pursuant to the making of any public improvement, including the establishment, widening, grading, paving, or other improvement of any alley, street, or road, special districts for internal improvement, local improvements by cities or towns, streets, sewers, district sanitary sewers, storm sewers, or subdistricts thereof, municipal special assessment, conservancy districts, or any other such improvement for which taxing authority is authorized by law to make assessments and collect taxes for the purpose of retiring said bonds or warrants, unless the action is commenced within fifteen years from the date of maturity of the last issue of said bonds.
L. 81: Entire part added, p. 1623, § 21, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 12 - BUSINESS IMPROVEMENT DISTRICTS (§§ 31-25-1201 — 31-25-1228) › Section 31-25-1201 - Short title

This part 12 shall be known and may be cited as the "Business Improvement District Act".
L. 88: Entire part added, p. 1128, § 1, effective May 6.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 12 - BUSINESS IMPROVEMENT DISTRICTS (§§ 31-25-1201 — 31-25-1228) › Section 31-25-1202 - Legislative declaration

(1)
The general assembly declares that the organization of business improvement districts within municipalities of the state, having the purposes and powers provided in this part 12, will serve a public purpose; will promote the health, safety, prosperity, security, and general welfare of the inhabitants thereof, the property owners therein, and all the people of the state; will promote the continued vitality of commercial business areas within municipalities; and will be of special benefit to the property within the boundaries of any district created pursuant to this part 12.
(2)
The general assembly further declares that the creation of business improvement districts pursuant to this part 12 implements section 18 (1)(d) of article XIV of the state constitution and is essential to the continued economic growth of the state.
L. 88: Entire part added, p. 1128, § 1, effective May 6.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 12 - BUSINESS IMPROVEMENT DISTRICTS (§§ 31-25-1201 — 31-25-1228) › Section 31-25-1204 - Authority of governing body

The governing body of every municipality is hereby vested with jurisdiction to create and establish one or more districts within the boundaries of the municipality pursuant to the provisions of this part 12, and such districts shall have all the powers provided in this part 12 which are authorized by the ordinance creating the district, or any amendment to the ordinance, adopted by the governing body. When the approval of the municipality is required by this part 12, such approval shall be given by the governing body or such other board or official of the municipality as may be designated by the charter or ordinances of the municipality unless the approval of the municipality is expressly required by this part 12.
L. 88: Entire part added, p. 1130, § 1, effective May 6.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 12 - BUSINESS IMPROVEMENT DISTRICTS (§§ 31-25-1201 — 31-25-1228) › Section 31-25-1205 - Organizational procedure

(1)
The organization of a district shall be initiated by a petition filed in the office of the clerk of the governing body.
(2)
The petition shall be signed by persons who own real or personal property in the service area of the proposed district having a valuation for assessment of not less than fifty percent, or such greater amount as the governing body may provide by ordinance, of the valuation for assessment of all real and personal property in the service area of the proposed district and who own at least fifty percent, or such greater amount as the governing body may provide by ordinance, of the acreage in the proposed district. The petition shall set forth:
(a)
The name of the proposed district, which shall include a descriptive name and the words "business improvement district";
(b)
A general description of the boundaries and service area of the proposed district;
(c)
A general description of the types of services or improvements or both to be provided by the proposed district;
(d)
The names of three persons to represent the petitioners, who have the power to enter into agreements relating to the organization of the district; and
(e)
A request for the organization of the district.
(3)
The petition shall be accompanied by a bond with security approved by the governing body or a cash deposit sufficient to cover all expenses connected with the proceedings in case the organization of the district is not effected. If at any time during the organization proceedings the governing body determines that the bond first executed or the amount of the cash deposited is insufficient in amount, it may require the execution of an additional bond or the deposit of additional cash within a time to be fixed, not less than ten days thereafter, and, upon failure of the petitioners to file or deposit the same, the petition shall be dismissed.
L. 88: Entire part added, p. 1130, § 1, effective May 6.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 12 - BUSINESS IMPROVEMENT DISTRICTS (§§ 31-25-1201 — 31-25-1228) › Section 31-25-1206 - Notice of hearing

The governing body, as soon as possible after the filing of the petition, shall fix by order the place and time, not less than twenty days nor more than forty days thereafter, for a hearing thereon. Thereupon, the clerk of the governing body shall cause notice by publication to be made of the pendency of the petition, of the service area, boundaries, improvements, and services of the proposed district, and of the time and place of hearing thereon. The clerk shall also cause a copy of said notice to be mailed by first-class mail to each property owner within the service area and boundaries of the proposed district at his last-known address, as disclosed by the tax records of the county or counties in which the municipality is located. No member of the governing body shall be disqualified to perform any duty imposed by this part 12 by reason of direct or indirect ownership of property within the service area or boundaries of any proposed district, by reason of relationship to any person who owns property within the proposed district or service area, or by reason of ownership of or employment by any entity which owns property within the proposed district or service area.
L. 88: Entire part added, p. 1131, § 1, effective May 6. L. 91: Entire section amended, p. 758, § 2, effective May 20.
Section 9 of chapter 128, Session Laws of Colorado 1991, provides that section 2 of the act amending this section does not apply to the organization of any proposed district for which a petition for organization is filed prior to May 20, 1991, pursuant to §
31-25-1205
.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 12 - BUSINESS IMPROVEMENT DISTRICTS (§§ 31-25-1201 — 31-25-1228) › Section 31-25-1208 - Boundaries - exclusion proviso

(1)
The boundaries of a district may consist of contiguous or noncontiguous tracts or parcels of commercial property. No property shall be included within the boundaries of the district which is not commercial property. No district may be organized wholly or partly within an existing district.
(2)
Notwithstanding any provision of this part 12 to the contrary, no tract of land which is classified for property tax purposes as residential or agricultural shall be included in the boundaries of any district organized pursuant to this part 12. No personal property which is situated upon real estate not included in the boundaries of a district shall be included within such district. If, contrary to the provisions of this section, any such tract, parcel, or personal property is included in the boundaries of any district, the owners thereof, on petition to the governing body, shall be entitled to have such property excluded from such district free and clear of any contract, obligation, lien, or charge to which it may be liable as a part of such district.
(3)
If the property tax classification of any tract of land lying within the service area of any district organized under the provisions of this part 12 has been or is changed from residential or agricultural to any other classification, such lands and the personal property thereon shall no longer be excluded from the boundaries of said district and shall be subject to all obligations, liens, or charges of such district on and after January 1 of the year following such change.
L. 88: Entire part added, p. 1132, § 1, effective May 6.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 12 - BUSINESS IMPROVEMENT DISTRICTS (§§ 31-25-1201 — 31-25-1228) › Section 31-25-1210 - Meetings

Upon notice to each member of the board, the board shall hold meetings, which shall be held in a place to be designated by the board as often as the needs of the district require. The meetings of the board shall be subject to the provisions of part 4 of article
6
of title
24
, C.R.S. The board shall act by resolution or motion.
L. 88: Entire part added, p. 1134, § 1, effective May 6. L. 91: Entire section amended, p. 821, § 7, effective June 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 12 - BUSINESS IMPROVEMENT DISTRICTS (§§ 31-25-1201 — 31-25-1228) › Section 31-25-1211 - Approval of actions by municipality

No district created under the provisions of this part 12 shall issue bonds, levy taxes, fees, or assessments or provide improvements or services unless the municipality has approved an operating plan and budget for the district. The operating plan or budget shall specifically identify the services or improvements to be provided by the district, the taxes, fees, or assessments to be imposed by the district, the estimated principal amount of bonds to be issued by the district, and such additional information as the municipality may require. The district shall file an operating plan and its proposed budget for the next fiscal year with the clerk of the municipality no later than September 30 of each year. All of the business records of the district shall be considered public records, as defined in section
24-72-202(6)
, C.R.S., and shall promptly be made available to the municipality upon request. For the purposes of this section, the business records of the district shall not include the business records of the owners of property in the district. The municipality may require the district to supplement the district's operating plan or budget where necessary. The municipality shall approve or disapprove the operating plan and budget within thirty days after receipt of such operating plan and budget and all requested documentation relating thereto, but not later than December 5 of the year in which such documents are filed. Thereafter, the services, improvements, and financial arrangements of the district shall conform so far as practicable to the operating plan and the budget. The operating plan and the budget may, from time to time, be amended by the district with the approval of the municipality in substantially the same manner as the process for formulating the operating plan and budget for each year. Any material departure from the operating plan and the budget, as originally approved or amended from time to time, may be enjoined by an order of the municipality filed with the board.
L. 88: Entire part added, p. 1135, § 1, effective May 6. L. 91: Entire section amended, p. 760, § 5, effective May 20.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 12 - BUSINESS IMPROVEMENT DISTRICTS (§§ 31-25-1201 — 31-25-1228) › Section 31-25-1212.5 - Improvements - railroad quiet zones

A district has the power to construct, maintain, and operate safety measures that are necessary to allow the municipality to restrict the sounding of locomotive horns at highway-rail grade crossings in compliance with
49 U.S.C. sec. 20153
, as amended, and the applicable rules of the federal railroad administration. The district shall construct, maintain, and operate the safety measures in accordance with the provisions of section
40-4-106
, C.R.S., and the standards of safety prescribed by the public utilities commission pursuant to section
40-29-110
, C.R.S.
L. 2006: Entire section added, p. 348, § 4, effective August 7.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 12 - BUSINESS IMPROVEMENT DISTRICTS (§§ 31-25-1201 — 31-25-1228) › Section 31-25-1213 - Power to levy taxes

In addition to any other means of providing revenue for a district, the board has the power to levy and collect ad valorem taxes on and against all taxable commercial property, as defined in section
31-25-1203(2)
, within the boundaries of the district. Such taxes shall be specified in the petition organizing the district pursuant to section
31-25-1205
. If such taxes are not so specified in the petition, then an election prior to the levying of such taxes must be held within the district. Elections held pursuant to this section shall be held in accordance with the provisions of part 8 of article
1
of title
32
, C.R.S. The cost of any election held pursuant to this section shall be borne by the district. Such taxes shall be levied in accordance with the provisions of part 3 of article
1
of title
29
, C.R.S.
L. 88: Entire part added, p. 1137, § 1, effective May 6.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 12 - BUSINESS IMPROVEMENT DISTRICTS (§§ 31-25-1201 — 31-25-1228) › Section 31-25-1214 - Determining and fixing rate of levy

The board shall determine the amount of money necessary to be raised by a levy on the taxable property in the district, taking into consideration other sources of revenue of the district, and shall fix a rate of levy which, when levied upon every dollar of the valuation for assessment of taxable property within the district together with other revenues, shall raise the amount required by the district during the ensuing fiscal year to supply funds for paying the expenses of organization and the costs of providing the services of the district and acquiring, constructing, installing, and operating the improvements or works of the district and promptly to pay in full when due all interest on and principal of bonds and other obligations of the district. In the event of accruing defaults or deficiencies, additional levies may be made as provided in section
31-25-1215
. In accordance with the time schedule provided in section
39-5-128
, C.R.S., the board shall certify to the board of county commissioners of each county in which the district or a portion thereof lies the rate so fixed in order that, at the time and in the manner required by law for the levying of taxes, such board of county commissioners shall levy such tax upon the valuation for assessment of all taxable property within the district.
L. 88: Entire part added, p. 1137, § 1, effective May 6.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 25 - PUBLIC IMPROVEMENTS (§§ 31-25-101 — 31-25-1307) › Part 12 - BUSINESS IMPROVEMENT DISTRICTS (§§ 31-25-1201 — 31-25-1228) › Section 31-25-1215 - Levies to cover deficiencies

The board, in certifying annual levies, shall take into account the maturing indebtedness for the current and ensuing year as provided in its contracts, maturing bonds, and interest on bonds and the deficiencies and defaults of prior years and shall make ample provisions for the payment thereof. In case the moneys produced from such levies, together with other revenues of the district, are not sufficient to pay punctually the annual installments on its contracts or bonds and interest thereon and to pay defaults and deficiencies, the board, from year to year, shall make such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, such taxes shall be levied and shall continue to be levied until the indebtedness of the district is fully paid.
L. 88: Entire part added, p. 1137, § 1, effective May 6.