reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-619 - Cooperative construction

(1)
In the case of construction work done by agreement with the urban district and with one or more public bodies or with the federal government (or any combination thereof) for any project or any portion thereof in any improvement district, the urban district may enter into and carry out any contract or may establish or comply with the rules and regulations concerning labor and materials and other related matters in connection with any project or any portion thereof, as the district may deem desirable or as may be requested by the federal government or by any public body which is a party to any such contract with the district that may assist in the financing of any project or any part thereof, regardless of whether the district is a party to any construction contract or to any other contract pertaining to incurring costs of the project.
(2)
Any project, any portion of the cost of which may be defrayed by the urban district by the levy of assessments under this article, may be acquired with the cooperation and the assistance of, or under a contract let by, or with labor, or supplies and materials, or all of such furnished by any one or more such public bodies or by the federal government (or any combination thereof).
(3)
Advantage may be taken of any offer from any source to complete any project on a division of expense or responsibility.
(4)
The engineer, on behalf of and in the name of the urban district, is authorized to acquire or improve, or acquire and improve, any such project in such a manner when so authorized by the resolution creating the improvement district or by any amendment thereto.
L. 69: p. 793, § 132. C.R.S. 1963: § 89-21-132.
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 32-11-620 - Use of existing improvements

After the provisional order hearing and at the time of the passage of the resolution creating any improvement district and any project for the improvement district, or any amendment thereof, if any tract or the property of any railway company to be assessed in the improvement district has the whole or any part of the proposed project, conforming to the general plan, the same may be adopted in whole or in part or may be changed to conform to the general plan, if deemed practical; and the owner of such real estate, when the assessment is made, shall be credited with the amount which is saved by reason of adapting or of adopting such existing improvements.
L. 69: p. 793, § 133. C.R.S. 1963: § 89-21-133.
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 32-11-621 - Assessment debentures

(1)
For the purpose of paying any contractor of or otherwise defraying any cost of the project in connection with any improvement district as the same becomes due from time to time until moneys are available therefor from the levy and collection of assessments and from any issuance of assessment bonds, the board may issue assessment debentures on the behalf and in the name of the urban district as provided in sections
32-11-501 (3)
and
32-11-502
to
32-11-526
and elsewhere in this article, except as otherwise provided in sections
32-11-621
to
32-11-631
.
(2)
Any assessment debentures issued for any construction work shall be issued only upon estimates of the engineer.
(3)
Any assessment debentures shall be special obligations payable from designated special assessments, any proceeds of special assessment bonds, and any other moneys designated to be available for the redemption of such debentures and authorized in this article to be pledged as additional security for the payment of such bonds.
L. 69: p. 794, § 134. C.R.S. 1963: § 89-21-134.
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 32-11-622 - Issuance of assessment securities

(1)
The board has power in connection with any improvement district to issue, on the behalf and in the name of the urban district, bonds in an amount not exceeding the estimated cost of the project or part thereof to be defrayed by the levy and collection of assessments, or if the bonds are issued after the levy of assessments, in an aggregate principal amount not exceeding the aggregate amount of unpaid assessments pledged for the payment of the bonds as provided in sections
32-11-501 (3)
and
32-11-502
to
32-11-526
and elsewhere in this article, except as otherwise provided in sections
32-11-622
to
32-11-631
.
(2)
Any assessment bonds may be issued at public or private sale to defray the cost of the project, including any temporary advances evidenced by assessment debentures or otherwise and all proper incidental expenses.
(3)
The board may enter into a contract to sell assessment debentures and assessment bonds at any time; but, any other provisions of this article notwithstanding, if the board so contracts before it awards a construction contract or otherwise contracts for acquiring or improving, or acquiring and improving, the project, the board may terminate the contract to sell such securities if, before the awarding of the construction contract or otherwise contracting for the acquisition or improvement, or acquisition and improvement, of the project, the board determines not to acquire or improve, or acquire and improve, the project, and if the board has not elected to proceed under section
32-11-615
other than by independent contract pursuant to section
32-11-615 (1)(a)
, if at all.
L. 69: p. 794, § 135. C.R.S. 1963: § 89-21-135.
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 32-11-623 - Purchase price and interest

(1)
Any district securities designated in section
32-11-501(3)
and otherwise issued under this article, both assessment bonds and assessment debentures, as may be provided by the board in a resolution authorizing their issuance and the maximum net effective interest rate thereof and in any indenture or other proceedings pertaining thereto, may be issued at, above, or below par, at a discount not exceeding seven percent of the principal amount thereof, but they may not be issued at a price such that the net effective interest rate of the issue of securities exceeds the maximum net effective interest rate authorized.
(2)
Such bonds and debentures shall bear interest at a rate such that the net effective interest rate of the issue of bonds or debentures does not exceed the maximum net effective interest rate authorized.
(3)
No bond interest rate shall at any time exceed the interest rate (or lower or lowest rate if more than one) borne by the unpaid assessments, but any such bond interest rate may be the same as or less than any assessment interest rate, subject to the limitations of this section, as the board may determine.
L. 69: p. 794, § 136. C.R.S. 1963: § 89-21-136. L. 70: p. 302, § 129.
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 32-11-624 - Use of assessments - payment of assessment securities

(1)
The assessments pertaining to any improvement district when levied shall be and shall remain a lien on the respective tracts assessed until paid as provided in this article.
(2)
When the assessments pertaining to the improvement district are collected (including principal, interest, and any penalty), they shall be placed in a special fund or special account and as such shall at all times constitute a sinking fund or sinking account for and be deemed specially appropriated to the payment of any assessment debentures not funded with bond proceeds and the payment of the assessment bonds pertaining to the improvement district and the interest thereon, and shall not be used for any other purpose until such securities and the interest thereon are fully paid; or if no such securities are issued, all assessments upon their payment shall be so appropriated and used to defray the cost of the project.
(3)
Any assessment debentures not funded with bond proceeds and the assessment bonds, including both principal and interest, shall be payable only out of moneys collected on account of the assessments (including installments thereof, interest thereon, and any penalties) for the project pertaining to the improvement district to which such securities pertain, except as provided in this article.
L. 69: p. 795, § 137. C.R.S. 1963: § 89-21-137.
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 32-11-625 - Bond limitations and details

(1)
All assessment bonds issued under this article shall be issued by the treasurer upon estimates of the engineer, or if bonds are issued after the levy of assessments, in an aggregate principal amount not exceeding the aggregate amount of unpaid assessments pledged for the payment of the bonds, and upon order of the board by resolution.
(2)
The bonds shall mature in no event after that date which is one year after the last assessment installment payment date.
L. 69: p. 795, § 138. C.R.S. 1963: § 89-21-138.
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 32-11-626 - Prior redemption provisions

The board may provide for the redemption prior to maturity at the option of the district of any of the bonds or debentures designated in section
32-11-501(3)
, in such order, by lot or otherwise, at such time or times, without or with the payment of such premium not exceeding seven percent of the principal amount of each bond or other security so redeemed, and otherwise upon such terms as may be provided by the board in the resolution authorizing the issuance of the securities or other instrument pertaining thereto.
L. 69: p. 795, § 139. C.R.S. 1963: § 89-21-139.
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 32-11-627 - Special obligations

(1)
Assessment debentures and assessment bonds issued under this article shall constitute special obligations of the urban district and shall not be a debt of the district. The district shall not be liable on such securities except as otherwise expressly provided in this article, nor shall the urban district thereby pledge its full faith and credit for their payment. Such securities (other than debentures funded with bond proceeds) shall not be payable out of any funds other than the special assessments (including installments thereof, interest thereon, and any penalties) and other funds and moneys pledged as additional security for the payment thereof, as authorized in this article.
(2)
Each assessment debenture and assessment bond issued under this article shall recite in substance that the bond and the interest thereon are payable solely from the special assessments and such other funds and moneys pledged to the payment thereof.
L. 69: p. 796, § 140. C.R.S. 1963: § 89-21-140.
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 32-11-628 - Primary additional security

(1)
The urban district shall additionally secure the payment of the assessment debentures and the assessment bonds pertaining to any improvement district as provided in this article.
(2)
Whenever there is a deficiency in any improvement district to meet payment of such outstanding assessment securities and interest due thereon, it shall be paid out of the urban district's special surplus and deficiency fund.
(3)
The urban district shall pay the assessment securities pertaining to any improvement district when due and the interest due thereon from any available moneys of the urban district and reimburse itself by collecting the unpaid assessments due the improvement district, whenever:
(a)
Four-fifths of the outstanding bonds pertaining to the improvement district have been paid; and
(b)
For any reason the remaining assessments pertaining to the improvement district are not paid in time to take up the final bonds of the improvement district and the interest due thereon; and
(c)
There is not sufficient money in the special surplus and deficiency fund.
(4)
When all outstanding assessment securities pertaining to an improvement district have been paid and any moneys remain to the credit of such district, they shall be transferred to the special surplus and deficiency fund.
L. 69: p. 796, § 141. C.R.S. 1963: § 89-21-141.
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 32-11-630 - Redemption of securities

(1)
Whenever considered advisable by the treasurer, he may, and whenever funds may be in his hands to the credit of any improvement district exceeding the amount of interest on the unpaid principal becoming due on and prior to one year next after the last interest payment date, and, if maturing serially, the principal becoming due on the next principal payment date, he shall, subject to the provisions concerning the payment of assessment debentures and assessment bonds pertaining to an improvement district prior to maturity in the securities and in any resolution pertaining to their issuance, by publication at least once not less than fifteen days prior to the redemption date, call in a suitable number of securities of the improvement district for payment, for the principal amount thereof, accrued interest to the redemption date, and any prior redemption premium due thereon.
(2)
After the redemption date so designated, interest on the securities so called shall cease. The urban district, however, may provide that such securities be redeemed only on interest payment dates.
(3)
The notice shall specify the securities so called by number, and all such securities shall be paid in the order designated in any such resolution.
(4)
The holder of any such securities may at any time furnish his post-office address to the treasurer, and in such case a copy of such advertisement shall be mailed by the treasurer to the holder of the securities called at such address within three days of the date of such publication.
L. 69: p. 797, § 143. C.R.S. 1963: § 89-21-143.
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 32-11-631 - Rights and powers of security holders

(1)
Subject to any contractual limitations binding upon the holders of any issue or series of assessment debentures or assessment bonds or the 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, any holder of such securities or trustee therefor has the right and power for the equal benefit and protection of all holders of the securities similarly situated:
(a)
By mandamus or by other suit, action, or proceeding at law or in equity to enforce his rights against the urban district, the board, and any other of the officers, agents, and employees of the district, and to require and to compel the district, the board, or any such officers, agents, or employees to perform and to carry out their respective duties, obligations, or other commitments under this article and under their respective covenants and agreements with the holder of such securities;
(b)
By action or by suit in equity to require the urban district to account as if it is the trustee of an express trust;
(c)
By action or by suit in equity to have appointed a receiver, which receiver may take possession of any accounts and may collect, receive, and apply all assessments, other revenues, and other moneys pledged for the payment of the securities in the same manner as the urban district itself might do in accordance with the obligations of the district; and
(d)
By action or by suit in equity to enjoin any acts or things which might be unlawful or in violation of the rights of the holder of any such securities and to bring suit thereupon.
L. 69: p. 797, § 144. C.R.S. 1963: § 89-21-144.
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 32-11-632 - Statement of cost of project

Upon the completion of any project in any improvement district or, in the case of assessment units or sewers, upon completion from time to time of an improvement program in any assessment unit or any parts of sewers affording complete drainage for any part of the improvement district, or after the determination of the net cost to the urban district, and upon the acceptance thereof by the board, or whenever the total cost of such project or any of such part of sewers can be definitely ascertained, and upon the board's determination to assess all or a part of the cost thereof, the engineer shall prepare and shall furnish to the board a statement showing the total cost of the project or of any such part thereof.
L. 69: p. 798, § 145. C.R.S. 1963: § 89-21-145.
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 32-11-633 - Order for assessment roll and its form

(1)
Following the furnishing of the statement of the cost of the project, the board by resolution shall:
(a)
Determine the cost of the project to be paid by the assessable property in the improvement district;
(b)
Order the engineer to make out an assessment roll containing, among other things:
(I)
The name of each last-known owner of each tract to be assessed or, if not known, that the name is unknown; and
(II)
A description of each tract to be assessed and the amount of the proposed assessment thereon, apportioned upon the basis for assessments stated in the provisional order for the hearing on the project;
(c)
Cause a copy of the resolution to be furnished by the secretary to the engineer.
(2)
In fixing the amount or the sum of money that may be required to pay the cost of the project, the board need not necessarily be governed by the estimates of such cost provided for in this article, but the board may fix such other sum within the limits prescribed as it may deem necessary to cover the cost of the project.
(3)
If by mistake or otherwise any person is improperly designated in the assessment roll as the owner of any tract or if the same is assessed without the name of the owner or in the name of a person other than the owner, such assessment shall not for that reason be vitiated, but it shall in all respects be as valid upon and against such tract as though assessed in the name of the owner thereof. When the assessment roll has been confirmed, such assessment shall become a lien on such tract and shall be collected as provided by law.
L. 69: p. 798, § 146. C.R.S. 1963: § 89-21-146.
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 32-11-634 - Assessment computations and limitations

(1)
If the assessment is made upon the basis of frontage, the engineer shall assess each tract with such relative portion of the whole amount to be levied as the length of front of such premises bears to the whole frontage of all the tracts to be assessed, and the frontage of all tracts to be assessed shall be deemed to be the aggregate number of feet as determined for assessment by the engineer.
(2)
If the assessment is directed to be according to an area or zone or another equitable basis other than a front-foot basis, the engineer shall assess upon each tract such relative portion of the whole sum to be levied as is proportionate to the estimated benefit according to such basis.
(3)
Regardless of the basis used, in cases of wedge-shaped or V-shaped or any other irregular-shaped tracts, an amount apportioned thereto shall be in proportion to the special benefits thereby derived.
(4)
No assessment shall exceed the amount of the estimate of maximum special benefits to the tract assessed, as provided in section
32-11-607(2)
.
(5)
Any amount which would be assessed against any tract in the absence of both limitations in subsections (3) and (4) of this section shall be defrayed by other than the levy of assessments.
L. 69: p. 799, § 147. C.R.S. 1963: § 89-21-147.
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 32-11-635 - Determination of assessable tracts

The board shall determine what amount or part of every expense shall be charged as an assessment and the tracts upon which the same shall be levied, and as often as the board deems it expedient, it shall require all of the several tracts chargeable therewith respectively to be reported by the secretary to the engineer for assessment.
L. 69: p. 799, § 148. C.R.S. 1963: § 89-21-148.
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 32-11-636 - Preparation of proposed roll

(1)
Upon receiving the report mentioned in section
32-11-633
, the engineer shall make an assessment roll and state a proposed assessment therein upon each tract so reported to him, and by such proposed assessments he shall defray the whole amount of all charges so directed to be levied upon each of such tracts respectively. When completed, he shall report the assessment roll to the board.
(2)
When any assessment is reported by the engineer to the board as directed in this section, the same shall be filed in the office of the secretary and numbered.
L. 69: p. 799, § 149. C.R.S. 1963: § 89-21-149.
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 32-11-637 - Notice of assessment hearing

(1)
Upon receiving the assessment roll, the board, by resolution, shall:
(a)
Fix a time and a place when and where complaints, protests, and objections that may be made in writing or verbally concerning the same by the owner of any tract or by any person interested may be heard; and
(b)
Order the secretary to give notice of the hearing.
(2)
The secretary shall give notice by publication and by mail of the time and the place of such hearing, which notice shall also state:
(a)
That the assessment roll is on file in his office;
(b)
The date of filing the same;
(c)
The time and the place when and where the board will hear all complaints, protests, or objections that may be made in writing or verbally to the assessment roll and to the proposed assessments by the parties thereby aggrieved; and
(d)
That any complaint, protest, or objection to the regularity, validity, and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract shall be deemed waived unless filed in writing on specific grounds with the secretary at least three days prior to the assessment hearing.
L. 69: p. 799, § 150. C.R.S. 1963: § 89-21-150.
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 32-11-638 - Assessment hearing

(1)
At the time and the place so designated, the board shall hear and shall determine any written complaint, protest, or objection filed as provided in section
32-11-637
, any verbal views expressed in respect to the proposed assessments, the assessment roll, or the assessment procedure, and the board may adjourn the hearing from time to time.
(2)
The board by resolution has the power in its discretion to revise, correct, confirm, or set aside any assessment and to order that such assessment be made de novo.
L. 69: p. 800, § 151. C.R.S. 1963: § 89-21-151.
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 32-11-639 - Levy of assessments

(1)
After the assessment roll is in final form and is so confirmed by resolution, the urban district by the same or by a supplemental resolution shall by reference to such assessment roll as so modified, if modified, and as confirmed by such resolution, levy the assessments in the roll.
(2)
The board shall cause the resolution levying the assessments to be published at least one time in a newspaper of general circulation in the improvement district.
(3)
No assessment shall be levied for any capital improvements acquired by the urban district and located or to be located on any land until the board by the adoption of such resolution or otherwise determines that the district has the right to possession of such land or an interest therein for the purpose of acquiring the improvements.
(4)
Such decision and resolution shall be a final determination of the regularity, validity, and correctness of the proceedings, of the assessment plat, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract.
(5)
Such determination by the board shall be conclusive upon the owners of the property assessed.
(6)
The roll shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of the assessments and the assessment roll.
L. 69: p. 800, § 152. C.R.S. 1963: § 89-21-152.
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 32-11-640 - Appeal of adverse determination

(1)
Within the fifteen days immediately succeeding the publication of the assessment resolution, any person who has filed a complaint, protest, or objection on specific grounds in writing, as provided in this article, has the right to commence an action or a suit in any court of competent jurisdiction to correct or to set aside such determination.
(2)
Thereafter all actions or suits attacking the regularity, validity, and correctness of the proceedings of the assessment plat, of the assessment roll, of each assessment contained therein, and the amount thereof levied on each tract, including without limitation the defense of confiscation, shall be perpetually barred.
L. 69: p. 800, § 153. C.R.S. 1963: § 89-21-153.
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 32-11-641 - Transfer of roll to county treasurer

(1)
Upon the expiration of such fifteen-day period for any such appeal, the secretary shall forthwith note on the assessment roll or by separate instrument each assessment, if any, the regularity, validity, or correctness of which is challenged in such an action or suit.
(2)
Thereupon the secretary shall forthwith certify under the seal of the urban district and transmit to the county treasurer of each county in which the improvement district is located, wholly or in part, the assessment roll with the assessment resolution, with a notation of any pending legal actions and suits and with the secretary's warrant for the collection of the assessments levied against the assessable property within the county. The county treasurer shall receipt for the same and all such rolls shall be numbered for convenient reference.
L. 69: p. 801, § 154. C.R.S. 1963: § 89-21-154.
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 32-11-642 - Thirty-day payment period - deferred payments

(1)
All assessments made in pursuance of the assessment resolution shall be due and payable without demand not earlier than thirty-one days after its publication upon its final passage and within sixty days after such publication.
(2)
Each such assessment or any part thereof may at the election of the owner be paid in installments with interest as provided in this article, whenever the board so authorizes the payment of assessments.
(3)
Failure to pay the whole assessment within such period of thirty days shall be conclusively considered an election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid.
(4)
All persons so electing to pay in installments shall be conclusively considered as consenting to the project for which each such assessment was levied, and such election shall be conclusively considered as a waiver of all rights to question the power of jurisdiction of the urban district to acquire or improve, or acquire and improve, the project, the quality of the work, the regularity or sufficiency of the proceedings, or the validity or the correctness of the assessment.
(5)
The owner of any tract assessed may at any time pay the whole unpaid principal and the interest accrued to the next interest payment date, together with penalties if any. The board may require in the assessment resolution the payment of a premium for any prepayment not exceeding seven percent of each installment of principal so prepaid.
(6)
Subject to the foregoing provisions, all installments, both of principal and interest, shall be payable at such times as may be determined in and by the assessment resolution.
L. 69: p. 801, § 155. C.R.S. 1963: § 89-21-155.
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 32-11-643 - Acceleration upon delinquency

(1)
Failure to pay any installment, whether principal or interest, when due shall ipso facto cause the whole amount of the unpaid principal to become due and payable immediately at the option of the urban district, security holder, or trustee therefor initiating foreclosure proceedings, the exercise of such option to be indicated by the commencement of foreclosure proceedings for not only each delinquent installment but also all other unpaid installments of any assessment.
(2)
At any time prior to the day of sale, the owner may pay the amount of delinquent installments, with accrued interest, all penalties, and cost of collection accrued, including but not necessarily limited to any attorneys' fees, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been made.
L. 69: p. 801, § 156. C.R.S. 1963: § 89-21-156.
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 32-11-644 - Limitations upon deferred payments

(1)
In case of such election to pay in installments, the assessment shall be payable in not less than two nor more than twenty substantially equal annual installments or not less than four nor more than forty substantially equal semiannual installments of principal.
(2)
Interest in all cases on the unpaid principal accruing from the date of publishing the assessment resolution upon its final passage until the respective installment due dates shall be payable annually or semiannually at a rate not exceeding eight percent per annum; except that, in the case of an assessment initiated subsequent to July 1, 1984, such interest shall not exceed the maximum rate fixed by the board in the notice of the provisional order hearing given pursuant to sections
32-11-608
and
32-11-609
.
(3)
Nothing in this article shall limit the discretion of the board in determining whether assessments shall be payable in installments and the time the first installment of principal or of interest, or of both, and any subsequent installments thereof shall become due.
(4)
The board in the assessment resolution shall state the number of installments in which assessments may be paid, the period of payment, the rate of interest upon the unpaid installments of principal to their respective due dates, any privileges of making prepayments, and any premium to be paid to the urban district for exercising any such privilege, the rate of interest upon unpaid principal and accrued interest after any delinquency at the rate of one percent per month, or any fraction thereof, and any penalties and any collection costs payable after delinquency.
L. 69: p. 802, § 157. C.R.S. 1963: § 89-21-157. L. 84: (2) amended, p. 847, § 3, 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 6 - SPECIAL ASSESSMENTS (§§ 32-11-601 — 32-11-679) › Section 32-11-645 - Assessment liens

(1)
The payment of the amount so assessed, including each installment thereof, the interest thereon, and any penalties and collection costs shall be secured by an assessment lien upon the tract assessed from the date of publication of the assessment resolution.
(2)
Each such lien upon each tract assessed shall:
(a)
Be subordinate and junior to any lien thereon for any general (ad valorem) taxes, whether prior in time or not;
(b)
Be prior and superior to any assessment lien thereon subsequently levied by the urban district or by any public body;
(c)
Be subordinate and junior to any assessment lien thereon theretofore levied by the urban district or by any public body; and
(d)
Be prior and superior to all liens, claims, mortgages, other encumbrances, and titles other than the liens of assessments and general taxes.
(3)
All purchasers, mortgagees, or encumbrancers of any such tract shall hold the same subject to such lien so created, whether prior in time or not.
(4)
Each such assessment lien shall continue as to unpaid installments, principal, interest, and any penalties and costs until such assessments, the principal thereof, interest thereon, and any penalties and costs pertaining thereto shall be fully paid, unless terminated by the foreclosure of any prior and superior lien on the tract assessed.
(5)
But unmatured installments shall not be deemed to be within the terms of any general covenant or warranty.
(6)
No statute of limitations shall begin to run against any assessment or the assessment lien to secure its payment until after the last installment of principal thereof becomes due.
(7)
The urban district may use any available funds or moneys for the satisfaction of any lien prior in right to any special assessment lien created by the district.
(8)
In the resale of any property to which the urban district has so acquired title, the district shall use its best efforts to sell the property for an amount at least equal to the funds or moneys so used plus the amount necessary to satisfy the special assessment lien created by the district, including principal, interest, penalties, and collection costs.
(9)
The moneys received from such a resale in payment for the property shall be used first to satisfy such special assessment lien and thereafter to restore to the fund from which any such prior lien was satisfied and the moneys used therefor.
(10)
The urban district is authorized to acquire and to dispose of property on which there are delinquent taxes or assessments, or both.
L. 69: p. 802, § 158. C.R.S. 1963: § 89-21-158.
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 32-11-646 - Division of tract

(1)
If any tract is divided after an assessment thereon has been levied and divided into installments and before the collection of all the installments, the board may require the county assessor to apportion the uncollected amounts upon the several parts of land so divided according to the proportions thereof based upon their valuation for assessment for taxes.
(2)
The report of such apportionment, when approved, shall be conclusive on all the parties, and all assessments thereafter made upon such tracts shall be according to such subdivision.
L. 69: p. 803, § 159. C.R.S. 1963: § 89-21-159.
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 32-11-647 - Surpluses and deficiencies

(1)
If any assessment proves insufficient to pay for the project or the work for which it is levied and the expense incident thereto, the amount of such deficiency shall be paid from the capital improvements fund of the urban district or from such other account in which moneys are accounted for which may be made available for such purpose by the board.
(2)
If sufficient moneys are not legally available so as to defray the amount of such deficiency as the respective obligations comprising the cost of the project become due, the urban district shall budget, appropriate, and levy taxes therefor, subject to the limitation pertaining to capital improvements in section
32-11-217(1)(d)
.
(3)
If a greater amount of assessments has been collected than was necessary to defray the cost of the project of any improvement district to which the assessments pertain, the excess shall be transferred to the special surplus and deficiency fund of the urban district as provided in section
32-11-628
.
L. 69: p. 803, § 160. C.R.S. 1963: § 89-21-160.
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 32-11-648 - Notice of assessment or installment due

(1)
Each county treasurer to whom an assessment roll is transmitted pursuant to section
32-11-641
shall give notice by mail and by publication of the levy of the assessments against the assessable property in the county, of the fact they are payable, and of the last day for their payment, as provided in section
32-11-642(1)
.
(2)
Each such county treasurer shall give notice by mail and by publication of such installment of such assessments which is payable and of the last day for its payment, as provided in section
32-11-644
and in the assessment resolution.
(3)
Each such notice given by the county treasurer shall:
(a)
State the amount of the assessment or of the installment due, except in the case of any published notice;
(b)
State how unpaid principal is payable in installments; and
(c)
State the place of payment and the time for it to close.
(4)
The failure of the county treasurer to give notice or to do any other act or thing required by this section shall not affect the assessment or any installment thereof.
L. 69: p. 803, § 161. C.R.S. 1963: § 89-21-161.
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 32-11-649 - When collections paid district

All collections made by the county treasurer upon each assessment roll in any calendar month shall be accounted for and paid over to the district treasurer on or before the tenth day of the next succeeding calendar month, with separate statements for all such collections for each improvement district.
L. 69: p. 804, § 162. C.R.S. 1963: § 89-21-162.
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 32-11-650 - Collections by county treasurer

The county treasurer shall receive payment of all assessments against assessable property located in the county appearing upon the assessment roll, with interest.
L. 69: p. 804, § 163. C.R.S. 1963: § 89-21-163.
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 32-11-651 - Collection of delinquent assessments

(1)
As soon as any assessment or any installment thereof pertaining to any improvement district becomes in default, the county treasurer shall mark the same delinquent on the assessment roll, together with the amount of unpaid principal shown on the assessment roll and accrued interest thereon to the date of delinquency, and the county treasurer shall within thirty days after such delinquency certify such amounts as shown thereon to the board of the urban district.
(2)
The county treasurer shall collect the delinquent assessment, or the delinquent installment and all other unpaid installments of the assessment, if any, and accrued interest, all penalties, and costs of collection accrued, in accordance with section
32-11-643
and other provisions in this article supplemental thereto, in the same manner and with the same interest and penalties thereon as other taxes collected by the county treasurer on behalf of the urban district. All of the laws of the state for the assessment and collection of general taxes, including the laws for the sale of real property for taxes and redemption therefrom, shall be applicable to and shall have the same effect with respect to the collection of such assessments.
(3)
If the board elects by resolution to have the urban district foreclose the lien on any assessable property and secure the payment of any delinquent assessment or delinquent installment thereof as provided in part 11 of article
25
of title
31
, C.R.S., the secretary shall notify each county treasurer to whom there has been transmitted an assessment roll pertaining to such delinquent assessments and installments of such election and shall transmit thereto a copy of such resolution. Thereupon the county treasurer shall take no further action unless the board causes him to be informed subsequently that the owner of any tract has been restored the right to pay in installments in accordance with section
32-11-643(2)
and other provisions in this article supplemental thereto.
L. 69: p. 804, § 164. C.R.S. 1963: § 89-21-164. L. 81: (3) amended, p. 1626, § 37, effective July 1.
For collection of taxes, see article 10 of title 39; for the sale of tax liens, see article 11 of title 39; for redemptions, see article 12 of title 39.
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 32-11-652 - Optional filing of claim of lien

(1)
The board may, but is not required, in any assessment resolution or in any resolution supplemental thereto, provide that the secretary, within thirty days after the expiration of the thirty-day payment period specified in section
32-11-642
, shall make out, sign, attest with the seal of the urban district, and file for record in the office of the county clerk of each county in which is located assessable property pertaining to any improvement district, a claim of lien for the unpaid amount due and assessed against each tract on the assessment roll for the improvement district.
(2)
When a claim of lien is so filed and any assessment pertaining thereto is paid in full, the secretary shall release the lien against any specific tract either by entering and signing a receipt of payment upon the margin of the record thereof or by filing for record in the office of the county clerk and recorder a separate release wherein payment of the assessment, principal, interest, and any penalty is recited.
L. 69: p. 804, § 165. C.R.S. 1963: § 89-21-165.