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 5 - INDEBTEDNESS AND FINANCIAL PROVISIONS (§§ 32-11-501 — 32-11-571) › Section 32-11-556 - Rights and powers of securities holders

(1)
Subject to any contractual limitations binding upon the holders of any issue or series of district securities, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion, percentage, or number of such holders, and subject to any prior or superior rights of others, any holder of securities, or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of securities similarly situated:
(a)
By mandamus or other suit, action, or proceeding at law or in equity to enforce his rights against the district, the board, and any other of the officers, agents, and employees of the district, to require and compel the district, the board, or any such officers, agents, or employees to perform and carry out their respective duties, obligations, or other commitments under this article and under their respective covenants and agreements with the holder of any security;
(b)
By action or suit in equity to require the district to account as if it is the trustee of an express trust;
(c)
By action or suit in equity to have appointed a receiver, which receiver may enter and take possession of any facilities and any pledged revenues for the payment of the securities, prescribe sufficient fees derived from the facilities, and collect, receive, and apply all pledged revenues or other moneys pledged for the payment of the securities in the same manner as the district itself might do in accordance with the obligations of the district; and
(d)
By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the holder of any securities and to bring suit thereupon.
L. 69: p. 779, § 98. C.R.S. 1963: § 89-21-98.
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 5 - INDEBTEDNESS AND FINANCIAL PROVISIONS (§§ 32-11-501 — 32-11-571) › Section 32-11-557 - Receivers

(1)
If a resolution of the board authorizing or providing for the issuance of any securities of any series or any other proceedings pertaining thereto contains a provision authorized by section
32-11-554(1)(s)
and further provides in substance that any trustee appointed pursuant to section
32-11-554(1)(p)
shall have the powers provided therein, then such trustee, whether or not all of the bonds or other securities of such series have been declared due and payable, shall be entitled as of right to the appointment of a receiver of the facilities pertaining thereto.
(2)
Any receiver appointed as permitted by section
32-11-554(1)(s)
may enter upon and take possession of the facilities and any property pertaining thereto, and, subject to any pledge or contract with the holders of such securities, shall take possession of all moneys and other property derived from or applicable to the acquisition, operation, maintenance, or improvement of the facilities and proceed with such acquisition, operation, maintenance, or improvement which the board on the behalf of the district is under any obligation to do, and shall operate, maintain, equip, and improve the facilities, and fix, charge, collect, enforce, and receive the service charges and all revenues thereafter arising subject to any pledge thereof or contract with the holders of such securities relating thereto and perform the public duties and carry out the contracts and obligations of the district in the same manner as the board itself might do and under the direction of the court.
L. 69: p. 780, § 99. C.R.S. 1963: § 89-21-99.
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 5 - INDEBTEDNESS AND FINANCIAL PROVISIONS (§§ 32-11-501 — 32-11-571) › Section 32-11-558 - Issuance of interim debentures

(1)
Notwithstanding any limitation or other provision in this article, whenever the issuance of general obligation bonds by a district for any project has been approved at an election held in accordance with this article, the district is authorized to borrow money without any other election in anticipation of the receipt of the proceeds of taxes, the proceeds of the bonds, the proceeds of pledged revenues, or any other moneys of the district, or any combination thereof, and to issue general obligation interim debentures to evidence the amount so borrowed.
(2)
The district also is authorized to borrow money without any election in anticipation of the proceeds of revenue bonds of the district and of its pledged revenues, or any combination thereof, but excluding the proceeds of any taxes, and to issue special obligation interim debentures to evidence the amount so borrowed.
L. 69: p. 780, § 100. C.R.S. 1963: § 89-21-100. L. 70: p. 301, § 126.
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 5 - INDEBTEDNESS AND FINANCIAL PROVISIONS (§§ 32-11-501 — 32-11-571) › Section 32-11-559 - Limitations upon funding and refunding securities

(1)
Subject to the provisions of subsections (2) to (4) of this section, nothing in this article authorizes the district to issue any district securities constituting a debt for the purpose of funding or refunding district securities constituting special obligations and not constituting an indebtedness.
(2)
Any special obligation securities of the district pertaining to any project may be funded or refunded by general obligation securities pertaining to the project only if the district is authorized to issue general obligation bonds pertaining to the project at an election held in the manner provided in section
32-11-533
.
(3)
No general obligation securities pertaining to the project and creating an indebtedness, by funding or refunding special obligation securities or otherwise (in contradistinction to funding or refunding securities merely reevidencing an indebtedness formerly evidenced by the securities funded or refunded), shall be issued in a principal amount exceeding the debt limitation in section
32-11-534
.
(4)
No bonds of the district shall be refunded by the issuance of its interim debentures, its notes, or its warrants. No interim debentures of the district shall be funded by the issuance of its notes or its warrants.
L. 69: p. 780, § 101. C.R.S. 1963: § 89-21-101. L. 70: p. 302, § 127.
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 5 - INDEBTEDNESS AND FINANCIAL PROVISIONS (§§ 32-11-501 — 32-11-571) › Section 32-11-560 - Interim debenture details

(1)
Any interim debentures may mature at such time not exceeding a period of time equal to the estimated time needed to effect the purpose for which they are issued or for which the bonds are authorized to be issued, but not exceeding three years from the date or respective dates of the interim debentures, as the board may determine.
(2)
The proceeds of interim debentures shall be used to defray the cost of the project.
(3)
Any notes or warrants or both may be funded with the proceeds of interim debentures, as well as bonds.
(4)
Except as otherwise provided in sections
32-11-558
to
32-11-563
, interim debentures shall be issued as provided in this article for district securities in sections
32-11-502
to
32-11-557
and
32-11-803
to
32-11-808
.
L. 69: p. 781, § 102. C.R.S. 1963: § 89-21-102.
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 5 - INDEBTEDNESS AND FINANCIAL PROVISIONS (§§ 32-11-501 — 32-11-571) › Section 32-11-561 - Payment of interim debentures

(1)
Except as otherwise provided in section
32-11-559
, the proceeds of taxes, pledged revenues, and other moneys, including without limitation proceeds of bonds to be issued or reissued after the issuance of interim debentures, and bonds issued for the purpose of securing the payment of interim debentures, or any combination thereof, may be pledged for the purpose of securing the payment of interim debentures. But the proceeds of taxes and the proceeds of bonds payable from taxes, or any combination thereof, shall not be used to pay any special obligation interim debentures, nor may their payment be secured by a pledge of any such general obligation bonds, except as otherwise provided in section
32-11-559
.
(2)
Any bonds pledged as collateral security for the payment of any interim debentures shall mature at such time as the board may determine, except as otherwise provided in section
32-11-551
.
(3)
No bonds pledged as collateral security shall be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debentures secured by a pledge of such bonds, nor shall they bear interest at any time which, with any interest accruing at the same time on the interim debentures so secured, exceeds seven percent each year.
L. 69: p. 781, § 103. C.R.S. 1963: § 89-21-103.
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 5 - INDEBTEDNESS AND FINANCIAL PROVISIONS (§§ 32-11-501 — 32-11-571) › Section 32-11-562 - Funding interim debentures

No interim debentures issued pursuant to the provisions of sections
32-11-558
to
32-11-561
shall be extended or funded except by the issuance or reissuance of bonds in compliance with section
32-11-563
.
L. 69: p. 782, § 104. C.R.S. 1963: § 89-21-104.
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 5 - INDEBTEDNESS AND FINANCIAL PROVISIONS (§§ 32-11-501 — 32-11-571) › Section 32-11-563 - Funding bonds

(1)
For the purpose of funding any interim debentures, any bonds pledged as collateral security to secure the payment of such interim debentures, upon their surrender as pledged property, may be reissued without an election, and any bonds not previously issued but authorized to be issued at an election pursuant to section
32-11-533
for a purpose the same as or encompassing the purpose for which the interim debentures were issued, may be issued for such a funding.
(2)
Any such bonds shall mature at such time as the board may determine, except as otherwise provided in section
32-11-551
.
(3)
Bonds for funding (including but not necessarily limited to any such reissued bonds) and bonds for any other purpose may be issued separately or issued in combination in one series or more.
(4)
Except as otherwise provided in sections
32-11-559
to
32-11-563
, any such funding bonds shall be issued as is provided in this article for other bonds.
L. 69: p. 782, § 105. C.R.S. 1963: § 89-21-105.
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 5 - INDEBTEDNESS AND FINANCIAL PROVISIONS (§§ 32-11-501 — 32-11-571) › Section 32-11-564 - Refunding bonds

(1)
Subject to the provisions of section
32-11-559
, any general obligation bonds or special obligation bonds of the district issued in accordance with the provisions of this article or any other law, and payable from any pledged revenues and any general obligation bonds of the district so issued but not payable from pledged revenues may be refunded on behalf of the district by the board, by the adoption of a resolution by the board, and by any trust indenture or other proceedings pertaining thereto, authorizing without any election the issuance of refunding bonds to refund, pay, and discharge all or any part of such outstanding bonds of any one or more or all outstanding issues:
(a)
For the acceleration, deceleration, or other modification of the payment of such obligations, including without limitation any capitalization of any interest thereon in arrears or about to become due for any period not exceeding three years from the date of the refunding bonds, unless the capitalization of interest on bonds constituting an indebtedness increases the district debt in excess of the district's debt limitation in section
32-11-534
; or
(b)
For the purpose of reducing interest costs or effecting other economies; or
(c)
For the purpose of modifying or eliminating restrictive contractual limitations pertaining to the issuance of additional bonds, otherwise concerning the outstanding bonds, or to any facilities pertaining thereto; or
(d)
For any combination of such purposes.
L. 69: p. 782, § 106. C.R.S. 1963: § 89-21-106.
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 5 - INDEBTEDNESS AND FINANCIAL PROVISIONS (§§ 32-11-501 — 32-11-571) › Section 32-11-565 - Method of issuing refunding bonds

(1)
Subject to the provisions of sections
32-11-525
and
32-11-526
, any such bonds issued for refunding purposes may either be delivered in exchange for the outstanding bonds being refunded or may be publicly or privately sold.
(2)
The refunding bonds, or any part thereof, except as limited by section
32-11-568(2)
, may be exchanged by the district for securities meeting the investment requirements established in part 6 of article
75
of title
24
, C.R.S., which have been made available for escrow investment by any purchaser of refunding bonds, upon terms of exchange mutually agreed upon, and any such securities so received by the district shall be placed in escrow as provided in sections
32-11-567
and
32-11-568
.
L. 69: p. 782, § 107. C.R.S. 1963: § 89-21-107. L. 89: (2) amended, p. 1122, § 47, 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 5 - INDEBTEDNESS AND FINANCIAL PROVISIONS (§§ 32-11-501 — 32-11-571) › Section 32-11-566 - Conditions for refunding

(1)
No such bonds may be refunded under this article unless they have been outstanding for at least one year from the date or respective dates of their delivery, and unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within ten years from the date of issuance of the refunding bonds. Provision shall be made for paying the securities within such period of time.
(2)
No maturity of any bond refunded may be extended over fifteen years, or beyond one year next following the date of the last outstanding maturity, whichever limitation is later. The rate of interest on such refunding bonds shall be determined by the board.
(3)
The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. Principal may also then be increased to that extent. In no event, however, in the case of any bonds constituting a debt, shall the principal of the bonds be increased to any amount in excess of the debt limitation in section
32-11-534
.
(4)
The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.
L. 69: p. 783, § 108. C.R.S. 1963: § 89-21-108. L. 70: p. 302, § 128.
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 5 - INDEBTEDNESS AND FINANCIAL PROVISIONS (§§ 32-11-501 — 32-11-571) › Section 32-11-567 - Disposition of refunding bond proceeds

(1)
Except as otherwise provided in this article, the proceeds of such refunding bonds shall either be immediately applied to the retirement of the bonds to be refunded, or be placed in escrow or trust in any trust bank within or without or both within and without this state to be applied to the payment of the refunded bonds or the refunding bonds, or both, upon their presentation therefor to the extent, in such priority, and otherwise in the manner which the board may determine.
(2)
The incidental costs of refunding bonds may be paid by the purchaser of the refunding bonds or be defrayed from any general fund (subject to appropriations therefor as otherwise provided by law) or other available revenues of the district under the control of the board or from the proceeds of the refunding bonds, or from the interest or other yield derived from the investment of any refunding bond proceeds or other moneys in escrow or trust, or from any other sources legally available therefor, or any combination thereof, as the board may determine.
(3)
Any accrued interest and any premium pertaining to a sale of refunding bonds may be applied to the payment of the interest thereon or the principal thereof, or to both interest and principal, or may be deposited in a reserve therefor, or may be used to refund bonds by deposit in escrow, trust, or otherwise, or may be used to defray any incidental costs pertaining to the refunding, or any combination thereof, as the board may determine.
L. 69: p. 783, § 109. C.R.S. 1963: § 89-21-109.
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 5 - INDEBTEDNESS AND FINANCIAL PROVISIONS (§§ 32-11-501 — 32-11-571) › Section 32-11-568 - Administration of escrow or trust

(1)
No such escrow or trust shall necessarily be limited to proceeds of refunding bonds but may include other moneys available for its purpose.
(2)
Any proceeds in escrow or trust, pending such use, may be invested or reinvested in securities meeting the investment requirements established in part 6 of article
75
of title
24
, C.R.S.
(3)
Any trust bank accounting for federal securities and other securities issued by the federal government in such escrow or trust may place them for safekeeping wholly or in part in any trust bank within or without or both within and without this state.
(4)
Any trust bank shall continuously secure any moneys placed in escrow or trust and not so invested or reinvested in federal securities and other securities issued by the federal government by a pledge in any trust bank within or without or both within and without the state of federal securities in an amount at all times at least equal to the total uninvested amount of such moneys accounted for in such escrow or trust.
(5)
Such proceeds and investments in escrow or trust, together with any interest or other gain to be derived from any such investment, shall be in an amount at all times at least sufficient to pay principal, interest, any prior redemption premiums due, and any charges of the escrow agent or trustee, and any other incidental expenses payable therefrom, except to the extent provision may have been previously otherwise made therefor, as such obligations become due at their respective maturities or due at designated prior redemption dates in connection with which the board has exercised or is obligated to exercise a prior redemption option on behalf of the district.
(6)
The computations made in determining such sufficiency shall be verified by a certified public accountant licensed to practice in this state or in any other state.
L. 69: p. 783, § 110. C.R.S. 1963: § 89-21-110. L. 89: (2) amended, p. 1122, § 48, 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 5 - INDEBTEDNESS AND FINANCIAL PROVISIONS (§§ 32-11-501 — 32-11-571) › Section 32-11-569 - Security for payment of refunding bonds

Refunding bonds may be made payable from any taxes or pledged revenues, or both taxes and such revenues, which might be legally pledged for the payment of the bonds being refunded at the time of the refunding or at the time of the issuance of the bonds being refunded, as the board may determine, notwithstanding the taxes, or the revenue sources, or the pledge of such revenues, or any combination thereof, for the payment of the outstanding bonds refunded is thereby modified, subject to the provisions of section
32-11-559
.
L. 69: p. 784, § 111. C.R.S. 1963: § 89-21-111.
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 5 - INDEBTEDNESS AND FINANCIAL PROVISIONS (§§ 32-11-501 — 32-11-571) › Section 32-11-570 - Combination of bond purposes

Bonds for refunding and bonds for any other purpose authorized by this article or by any other law may be issued separately or issued in combination in one series or more by the district in accordance with the provisions of this article.
L. 69: p. 784, § 112. C.R.S. 1963: § 89-21-112.
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 5 - INDEBTEDNESS AND FINANCIAL PROVISIONS (§§ 32-11-501 — 32-11-571) › Section 32-11-571 - Applicability of other statutory provisions

Except as expressly provided or necessarily implied in sections
32-11-564
to
32-11-570
, the relevant provisions elsewhere in this article pertaining generally to the issuance of bonds to defray the cost of any project shall be equally applicable in the authorization and issuance of refunding bonds, including their terms and security, the covenants and other provisions of the resolution authorizing the issuance of the bonds, or other instrument or proceedings pertaining thereto, and other aspects of the bonds.
L. 69: p. 784, § 113. C.R.S. 1963: § 89-21-113.
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 32-11-601 - Special assessments

(1)
The board, pursuant to this part 6 and to sections
32-11-803
to
32-11-808
, upon the behalf and in the name of the urban district, for the purpose of defraying all the cost of acquiring or improving or acquiring and improving any project authorized by this article, or any portion of the cost thereof not to be defrayed with moneys available therefor from the general fund, any special fund, or otherwise, also has power under this article:
(a)
To levy assessments against assessable property within the urban district and to cause the assessments so levied to be collected;
(b)
To pledge the proceeds of any assessments levied under this article to the payment of assessment bonds and of assessment debentures and to create liens on such proceeds to secure such payments;
(c)
To issue assessment bonds and assessment debentures payable from the assessments and additionally to secure their payment as provided in this article;
(d)
To make all contracts, to execute all instruments, and to do all things necessary or convenient in the exercise of the powers granted in this article or in the performance of the district's duties or in order to secure the payment of its assessment bonds and assessment debentures, subject to the provisions of sections
32-11-502
to
32-11-526
and
32-11-803
to
32-11-808
.
L. 69: p. 785, § 114. C.R.S. 1963: § 89-21-114.
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 32-11-602 - Initiating procedure

(1)
The procedure for acquiring or improving, or acquiring and improving, any assessment project can be initiated in one of the following ways:
(a)
The provisional order method; or
(b)
The petition method.
L. 69: p. 785, § 115. C.R.S. 1963: § 89-21-115.
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 32-11-603 - Provisional order method

(1)
Whenever the board is of the opinion that the interest of the urban district requires any assessment project, the board, by resolution, shall direct the engineer to prepare:
(a)
Preliminary plans showing:
(I)
A typical section of the contemplated project; and
(II)
The types of material, approximate thickness, and width;
(b)
A preliminary estimate of the cost of the project, including incidental costs; and
(c)
An assessment plat showing:
(I)
The area to be assessed; and
(II)
The amount of maximum benefits estimated to be assessed against each tract in each assessment area.
(2)
The resolution may provide for one or more types of construction, and the engineer shall separately estimate the cost of each type of construction. The estimate may be made in a lump sum or by unit process, as to such engineer may seem most desirable for the facilities complete in place.
(3)
The resolution shall describe the project in general terms.
(4)
The resolution shall state:
(a)
What part or portion of the expense thereof is of special benefit, and, therefore, shall be paid by assessments;
(b)
What part, if any, has been or is proposed to be defrayed with moneys derived from other than the levy of assessments; and
(c)
The basis by which the cost will be apportioned and assessments will be levied.
(5)
In case the assessment is not to be made according to front feet, the resolution shall:
(a)
By apt description designate the improvement district, including the tracts to be assessed;
(b)
Describe definitely the location of the project; and
(c)
State that the assessment is to be made upon all the tracts benefited by the project proportionately to the benefits received.
(6)
In case the assessment is to be upon the abutting property upon a frontage basis, it shall be sufficient for the resolution so to state and to define the location of the project to be made.
(7)
It shall not be necessary in any case to describe minutely in the resolution each particular tract to be assessed but simply to designate the property, improvement district, or the location so that the various parts to be assessed can be ascertained and determined to be within or without the proposed improvement district.
(8)
The engineer shall forthwith prepare and file with the secretary:
(a)
The preliminary plans;
(b)
The preliminary estimate of cost; and
(c)
The assessment plat.
(9)
Upon the filing of the plans, preliminary estimate of cost, and plat, the board shall examine the same; and if the plans, estimate, and plat are found to be satisfactory, the board shall make a provisional order by resolution to the effect that the project shall be acquired or improved, or both acquired and improved.
L. 69: p. 785, § 116. C.R.S. 1963: § 89-21-116.
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 32-11-605 - Subsequent procedure

Upon the filing of such a petition, the board shall proceed in the same manner as is provided by this article where proceedings are initiated by the board, except as otherwise expressly provided or necessarily implied in section
32-11-604
.
L. 69: p. 787, § 118. C.R.S. 1963: § 89-21-118.
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 32-11-606 - Combination of programs

(1)
More than one improvement program may be combined in one improvement district when the board determines such programs may be combined together in an efficient and an economical improvement district.
(2)
If in the combination of improvement programs, they are separate and distinct by reason of substantial difference in their character or location, or otherwise, each such program shall be considered as a unit or quasi-improvement district for the purpose of petition, remonstrance, and assessment.
(3)
In case of such combination, the board shall designate the improvement program and the area constituting each such unit, and, in the absence of an arbitrary and an unreasonable abuse of discretion, its determination that there is or is not such a combination and its determination of the project and the area constituting each such unit within the project shall be final and conclusive.
(4)
The costs of acquiring or improving, or acquiring and improving, each such improvement program shall be segregated for the levy of assessments, and an equitable share of the incidental costs shall be allocated to each such unit.
L. 69: p. 787, § 119. C.R.S. 1963: § 89-21-119.
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 32-11-607 - Effect of estimates

(1)
No estimate of cost required or authorized in this article shall constitute a limitation upon such cost or a limitation upon the rights and powers of the board or of any officers, agents, or employees of the urban district, except as otherwise expressly stated in this article.
(2)
No assessment, however, shall exceed the amount of the estimate of maximum special benefits from the project to any tract assessed.
L. 69: p. 787, § 120. C.R.S. 1963: § 89-21-120.
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 32-11-608 - Fixing hearing and notice

(1)
In the provisional order the board shall set a time at least twenty days thereafter and a place at which the owners of the tracts to be assessed or any other persons interested therein may appear before the board and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the assessment project provisionally ordered.
(2)
Notice shall be given:
(a)
By publication; and
(b)
By mail.
(3)
Proof of publication shall be by affidavit of the publisher.
(4)
Proof of mailing shall be by affidavit of the engineer, secretary, or any deputy mailing the notice.
(5)
Proof of publication and proof of mailing shall be maintained in the records of the urban district until all the assessments pertaining thereto have been paid in full, including principal, interest, any penalties, and any collection costs.
L. 69: p. 788, § 121. C.R.S. 1963: § 89-21-121.
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 32-11-609 - Content of notice

(1)
The notice shall describe:
(a)
The kind of project proposed (without mentioning minor details or incidentals);
(b)
The estimated cost of the project, and the part or portion, if any, to be paid from sources other than assessments;
(c)
The basis for apportioning the assessments, which assessment shall be 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;
(d)
The number of installments and the time in which the assessments are payable;
(e)
The maximum rate of interest on unpaid installments of assessments;
(f)
The extent of the improvement district to be assessed (by boundaries or other brief description);
(g)
The time and the place when and where the board will consider the ordering of the proposed project and will hear all complaints, protests, and objections that may be made in writing and filed with the secretary of the urban district at least three days prior thereto or may be made verbally at the hearing concerning the same by the owner of any tract to be assessed or by any person interested;
(h)
The fact that the description of the tracts to be assessed, the maximum amount of benefits estimated to be conferred on each such tract, and all proceedings in the premises are on file and can be seen and examined at the office of the secretary during business hours at any time by any person so interested; and
(i)
That regardless of the basis used for apportioning assessments, in cases of wedge-shaped, V-shaped, or any other irregular-shaped tracts, an amount apportioned thereto shall be in proportion to the special benefits thereby derived.
L. 69: p. 788, § 122. C.R.S. 1963: § 89-21-122.
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 32-11-610 - Subsequent modifications

(1)
All proceedings may be modified or rescinded wholly or in part by resolution adopted by the board at any time prior to the passage of the resolution adopted pursuant to section
32-11-614
creating the improvement district and authorizing the project.
(2)
No substantial change in the improvement district, details, preliminary plans, specifications, or estimates shall be made after the first publication or mailing of notice to property owners, whichever occurs first, except for any deletion of a portion of a project and property from the proposed improvement program for the improvement district or for any assessment unit.
(3)
The engineer, however, has the right to make minor changes in time, plans, and materials entering into the work at any time before its completion.
L. 69: p. 789, § 123. C.R.S. 1963: § 89-21-123.
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 32-11-611 - Provisional order hearing

(1)
On the date and at the place fixed for the provisional order hearing, any property owners interested in such project may by specific and written complaints, protests, or objections present their views in respect to the proposed project to the board or may present them orally. The board may adjourn the hearing from time to time.
(2)
After the hearing has been concluded, after all written complaints, protests, and objections have been read and duly considered, and after all persons desiring to be heard in person have been heard, the board shall consider the arguments, if any, and any other relevant material put forth.
(3)
Thereafter if the board determines that it is not for the public interest that the proposed project or a part thereof be made, the board shall make an order by resolution to that effect; and thereupon the proceeding for the project or for any part thereof determined against by such order shall stop and shall not be begun again until the adoption of a new resolution.
(4)
Any complaint, protest, or objection to the regularity, validity, and correctness of the proceedings and instruments taken, adopted, or made prior to the date of the hearing shall be deemed waived unless presented in writing on specific grounds at the time and in the manner specified in this article.
L. 69: p. 789, § 124. C.R.S. 1963: § 89-21-124.
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 32-11-612 - Appeal from adverse order

Any person filing a written complaint, protest, or objection on any one or more specific grounds as provided in section
32-11-611
, shall have the right within thirty days after the board has finally passed on such complaint, protest, or objection by resolution, as provided in section
32-11-611(3)
, or as provided in section
32-11-614(1)
, to commence an action or suit in any court of competent jurisdiction to correct or to set aside only such a determination of the board on any such specific and written complaint, protest, or objection; but thereafter all actions or suits attacking the validity of the preliminary plans, any preliminary estimate of cost, assessment plat, other proceedings, and any maximum amount of benefits shall be perpetually barred.
L. 69: p. 789, § 125. C.R.S. 1963: § 89-21-125.
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 32-11-613 - Post-hearing procedure

(1)
After the provisional order hearing is held and after the board has disposed of all complaints, protests, and objections, verbal and in writing, the board shall determine whether to proceed with the improvement district and with each assessment unit therein, if there is more than one.
(2)
If the board desires to proceed and desires any modification, by motion or by resolution, it shall direct the engineer to prepare and to present to the board:
(a)
A revised and detailed estimate of the total cost, including without limitation the cost of acquiring or improving, or acquiring and improving, each proposed improvement program and of each of the incidental costs, which revised estimate shall not constitute a limitation for any purpose, except as otherwise provided in this article;
(b)
Full and detailed plans and specifications for each proposed improvement program designed to permit and to encourage competition among the bidders if any improvements are to be acquired by construction contract; and
(c)
A revised map and assessment plat showing, respectively, the location of each improvement program and the tracts to be assessed therefor, excluding any area or program not before the board at a provisional order hearing.
(3)
That resolution, a separate resolution, or the resolution creating the improvement district may combine or may divide the proposed improvement program or programs pertaining to the improvement district and any other facilities into suitable construction units for the purpose of letting separate and independent contracts, regardless of the extent of any improvement program constituting an assessment unit and regardless of whether a portion or none of the cost of any project is to be defrayed other than by the levy of special assessments.
(4)
Nothing in this article shall be construed as not requiring the segregation of costs of unrelated improvement programs for assessment purposes, as provided in this article.
L. 69: p. 789, § 126. C.R.S. 1963: § 89-21-126.
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 32-11-614 - Creation of district

(1)
When an accurate estimate of cost, full and detailed plans and specifications, and the map and assessment plat are prepared, presented, and satisfactory to the board, regardless of whether the preliminary estimate of cost, plans, and specifications, map and assessment plat are modified pursuant to section
32-11-613
, the board shall by resolution create the district and order the proposed project to be acquired or improved, or acquired and improved.
(2)
The resolution shall prescribe:
(a)
The extent of the improvement district by boundaries or by other brief description and similarly of each assessment unit therein, if there is more than one;
(b)
The kind and location of each improvement program proposed (without mentioning minor details);
(c)
The amount or the proportion of the total cost to be defrayed by assessments, the method of levying assessments, the number of installments, and the times in which the costs assessed will be payable; and
(d)
The character and the extent of any construction units.
(3)
The engineer may further revise such cost, plans and specifications, and the map and assessment plat from time to time for all or any part of any project; and the resolution may be appropriately amended prior to letting any construction contract therefor and prior to any property being acquired or any work being done other than by independent contract let by the urban district.
(4)
The resolution, as amended, if amended, shall order the work to be done as provided in this article.
L. 69: p. 790, § 127. C.R.S. 1963: § 89-21-127.
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 32-11-615 - Methods of acquisition or improvement

(1)
Any construction work for any project or portion thereof shall be done in any one or more of the following three ways:
(a)
By independent contract;
(b)
By use of district owned or leased equipment and district officers, agents, and employees; or
(c)
By any public body or by the federal government acquiring or improving a project or any interest therein which is authorized in this article which results in general benefits to the urban district and in special benefits to the assessable property being assessed therefor by the urban district within its boundaries and within an improvement district therein created therefor.
(2)
Any project or any interest therein not involving construction work pertaining to a capital improvement may be acquired or improved pursuant to any appropriate contract, or otherwise, including, without limitation, the condemnation or other acquisition of real property. In such case nothing in subsection (1) of this section nor in sections
32-11-616
to
32-11-619
shall be applicable.
(3)
Notwithstanding a project authorized in this article or any interest therein may not be owned by the urban district nor be directly acquired or improved, or acquired and improved, nor the costs thereof directly incurred by the urban district, and notwithstanding the project authorized in this article or any interest therein may be located on land, an easement or other interest therein, or other real property owned by the federal government or by a public body, the urban district has the power:
(a)
To acquire or improve, or both, or to cooperate in the acquisition or improvement of, or both, the project or any interest therein with the federal government or with any public body pursuant to agreement between or among the urban district and such other bodies corporate and politic so long as the project or the interest therein acquired or improved, or both, results in general benefits to the urban district and in special benefits to the assessable property being assessed therefor by the urban district within its boundaries and within the improvement district therein created therefor;
(b)
To levy special assessments on such assessable property to defray all or any part of the costs of the project or any interest therein or to defray all or any part of the urban district's share of such costs if all costs are not being defrayed by the urban district; and
(c)
To issue bonds and assessment debentures and to exercise other powers granted in this article and pertaining to such acquisition or improvement, or both.
L. 69: p. 791, § 128. C.R.S. 1963: § 89-21-128.
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 32-11-617 - Extra work authorized - payment

Extra work may arise in connection with any project mentioned in this article and not particularly provided for in the plans, specifications, estimates, bids and contracts; and such extra work shall be performed by the contractor at the direction of the engineer at cost of labor and materials and overhead including superintendence as set forth in the plans, specifications, or construction contract, such amount to be included in the assessment for the project (but not exceeding in the aggregate the estimated maximum special benefits to any tract so assessed) or to be paid out of the general or other funds of the district available therefor, in the discretion of the board.
L. 69: p. 793, § 130. C.R.S. 1963: § 89-21-130.
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 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-618 - Construction by district

(1)
In the case of construction work done by the use of district owned or leased equipment and by district officers, agents, and employees for any project or any portion thereof in any improvement district, supplies and materials may be purchased or may be otherwise acquired therefor.
(2)
All supplies and materials purchased by the urban district for an improvement district costing five hundred dollars or more shall be purchased only after the purchasing officer has given notice by publication therefor.
(3)
The district shall accept the lowest and best bid, the kind, quality, and material being equal, but the district has the right to reject all bids, to waive any irregularity in any bid, and to select a single item from any bid when so stated in the invitation to bid.
(4)
The provision as to bidding shall not apply to the purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by a manufacturer's authorized dealer.
L. 69: p. 793, § 131. C.R.S. 1963: § 89-21-131.