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 8 - MISCELLANEOUS (§§ 32-11-801 — 32-11-817) › Section 32-11-809 - Investments by public bodies

It is legal for any public entity, as defined in section
24-75-601(1)
, C.R.S., to invest any permanent state funds or other funds available for investment in any of the bonds or other securities authorized to be issued pursuant to the provisions of this article if the securities satisfy the investment requirements established in part 6 of article
75
of title
24
, C.R.S.
L. 69: p. 812, § 199. C.R.S. 1963: § 89-21-199. L. 89: Entire section amended, p. 1131, § 72, effective July 1.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 8 - MISCELLANEOUS (§§ 32-11-801 — 32-11-817) › Section 32-11-810 - Investments by other persons

(1)
It is legal for any bank, trust company, banker, savings bank or institution, any building and loan association, savings and loan association, investment company, and any other person (other than a public body) carrying on a banking or investment business, any insurance company, insurance association, or any other person (other than a public body) carrying on an insurance business, and any executor, administrator, curator, trustee, or any other fiduciary to invest funds or moneys in their custody in any of the bonds or other securities issued in accordance with the provisions of this article.
(2)
Nothing contained in this section with regard to legal investments shall be construed as relieving any representative of any corporation or other person of any duty of exercising reasonable care in selecting securities.
(3)
It is legal for any securities issued under this article which are general obligation bonds or other general obligation securities or are special assessment bonds or other special assessment securities, the payment of which is additionally secured as required by section
32-11-628
and as permitted by section
32-11-629
, to be accepted and held as security for the prompt payment of any public deposits of the state, any agency, instrumentality, or corporation thereof, or any county, city, town, school district, or other political subdivision thereof, including without limitation any quasi-municipal district or any authority.
L. 69: p. 812, § 200. C.R.S. 1963: § 89-21-200.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 8 - MISCELLANEOUS (§§ 32-11-801 — 32-11-817) › Section 32-11-811 - Delegated powers

The officers of the urban district and of each county in which the district is located are authorized to take all action necessary or appropriate to effectuate the provisions of this article.
L. 69: p. 816, § 207. C.R.S. 1963: § 89-21-207.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 8 - MISCELLANEOUS (§§ 32-11-801 — 32-11-817) › Section 32-11-813 - Tax exemptions

(1)
The effectuation of the powers authorized in this article are in all respects for the benefit of the people of the state, for the improvement of their health and living conditions, and for the increase of their commerce and prosperity.
(2)
The urban district shall not be required to pay any taxes upon any property pertaining to the facilities of the district or any project authorized in this article and acquired within the state, nor the district's interest in any such property.
L. 69: p. 817, § 209. C.R.S. 1963: § 89-21-209.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 8 - MISCELLANEOUS (§§ 32-11-801 — 32-11-817) › Section 32-11-814 - Freedom from judicial process

(1)
Execution or other judicial process shall not issue against any property of the district authorized in this article, nor shall any judgment against the district be a charge or lien upon its property.
(2)
Subsection (1) of this section does not apply to or limit the right of the holder or owner of any district securities, his trustee, or any assignee of all or part of this interest, the federal government when it is a party to any contract with the district, and any other obligee under this article to foreclose, otherwise to enforce, and to pursue any remedies for the enforcement of any pledge or lien given by the district on the proceeds of any taxes, assessments, pledged revenues, or any other moneys of the district or any combination thereof.
L. 69: p. 817, § 210. C.R.S. 1963: § 89-21-210.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 8 - MISCELLANEOUS (§§ 32-11-801 — 32-11-817) › Section 32-11-815 - Misdemeanors

Any person who wrongfully or purposely fills up, cuts, damages, injures, or destroys or in any manner impairs the usefulness of the facilities of the district or any property pertaining to any project, or any part thereof, or any other work, structure, improvement, equipment, or other property acquired under the provisions of this article 11, or wrongfully and maliciously interferes with any officer, agent, or employee of the district in the proper discharge of the officer's, agent's, or employee's duties, commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 548, eff. 3/1/2022.
L. 69: p. 817, § 211. C.R.S. 1963: § 89-21-211. L. 2021: Entire section amended, (SB 21-271), ch. 3258, p. 3258, § 548, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 8 - MISCELLANEOUS (§§ 32-11-801 — 32-11-817) › Section 32-11-816 - Civil rights

If the urban district is damaged by any act referred to in section
32-11-815
, the district may also bring a civil action for damages sustained by any such act, and in such proceeding the prevailing party shall also be entitled to reasonable attorneys' fees and costs of court.
L. 69: p. 817, § 212. C.R.S. 1963: § 89-21-212.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11 - URBAN DRAINAGE AND FLOOD CONTROL ACT (§§ 32-11-101 — 32-11-817) › Part 8 - MISCELLANEOUS (§§ 32-11-801 — 32-11-817) › Section 32-11-817 - Exemption of district

A district formed under this article shall not be considered a political subdivision for the purposes of section
8-3-104(12)
, C.R.S.
L. 69: p. 818, § 213. C.R.S. 1963: § 89-21-213.
For the labor peace act, see article 3 of title 8.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 1 - GENERAL PROVISIONS (§§ 32-11.5-101 — 32-11.5-104) › Section 32-11.5-101 - Short title

This article shall be known and may be cited as the "Fountain Creek Watershed, Flood Control, and Greenway District Act".
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 840, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 1 - GENERAL PROVISIONS (§§ 32-11.5-101 — 32-11.5-104) › Section 32-11.5-104 - Public purpose - liberal construction - sufficiency of article

(1)
The exercise of any power authorized in this article by the board on behalf of the district and any project authorized pursuant to this article effects a public purpose.
(2)
This article being necessary to secure and preserve the public health, safety, and general welfare, the rule of strict construction shall not apply to this article. This article shall be liberally construed to effect its purposes.
(3)
(a)
Except as otherwise provided in the state constitution, section
25-8-102(4)
, C.R.S., or this article, this article, without reference to any other law, shall constitute full authority for the exercise of the powers granted in this article, including without limitation the financing of any project authorized in this article wholly or in part and the issuance of bonds to evidence the financing.
(b)
Except as otherwise provided in this article, no other law with regard to the authorization or issuance of bonds or the exercise of any other power granted in this article that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in this article shall apply to proceedings taken under or acts done pursuant to this article.
(c)
Except as otherwise provided in this article, no notice, consent, or approval by any public body or officer thereof shall be required as a prerequisite to the sale or issuance of any bonds or the making of any contract or the exercise of any other power under this article.
(d)
The powers conferred by this article shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this article shall not affect, the powers conferred by any other law.
(e)
Nothing in this article shall repeal or affect any other law except to the extent that this article is inconsistent with any other law, this article being intended to provide a separate method of accomplishing its objectives and not an exclusive one. This article shall not be construed as repealing, amending, or changing any other law except to the extent that the other law is inconsistent with this article. This article shall not be construed as repealing, modifying, or amending any existing law or court decree concerning the determination or administration of water rights.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 846, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 2 - DISTRICT ADMINISTRATION AND POWERS (§§ 32-11.5-201 — 32-11.5-207) › Section 32-11.5-201 - Creation of district

There is hereby created the Fountain creek watershed, flood control, and greenway district, which shall be a body politic and corporate and a political subdivision of the state. The district shall not be an agency of state government and shall not be subject to administrative direction by any department, commission, board, bureau, or agency of the state.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 847, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 2 - DISTRICT ADMINISTRATION AND POWERS (§§ 32-11.5-201 — 32-11.5-207) › Section 32-11.5-202 - Boundaries of district

The area comprising the district consists of the counties of El Paso and Pueblo.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 847, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 2 - DISTRICT ADMINISTRATION AND POWERS (§§ 32-11.5-201 — 32-11.5-207) › Section 32-11.5-206 - Approval of other infrastructure

(1)
Subject to the limitations specified in section
32-11.5-205(3)
, on and after April 30, 2009, only the federal government may acquire or improve within the territorial limits of the watershed management area any drainage and flood control or recreational infrastructure, unless a proposal for the acquisition or improvement is reviewed by, and in the case of infrastructure within the corridor approved by, the board; except that a public body or other person may acquire or improve gutters and rainspouts attached to buildings or other structures; curbs and gutters appurtenant to streets, alleys, highways, and other rights-of-way; or a collection or secondary storm drainage system, as defined in the El Paso county drainage criteria manual or the Pueblo county drainage criteria manual, as applicable, or in any successor publications to either manual. If a public body or other person other than the federal government acquires or improves such infrastructure within the corridor without board review and approval, the board may order modification of the infrastructure to meet the reasonable specifications and other requirements of the district.
(2)
(a)
The board shall not approve a proposal for drainage, flood control, or recreational infrastructure acquisition or improvement within the watershed management area unless the infrastructure to be acquired or improved appropriately complements or supplements facilities, both proposed and acquired, and is consistent with any comprehensive program for the acquisition and construction of facilities adopted by the district pursuant to section
32-11.5-205(4)(b)
. The board may withhold its approval or disapprove a proposal for drainage, flood control, or recreational infrastructure acquisition or improvement only if the infrastructure to be acquired or approved does not complement or supplement facilities or does not conform to any comprehensive program of the district.
(b)
If a proposal for drainage, flood control, or recreational infrastructure acquisition or improvement within the watershed management area does not sufficiently delineate the infrastructure to be acquired or improved for the board to determine whether the infrastructure complements or supplements facilities and conforms to any comprehensive program of the district, the board may demand such additional information as it deems necessary or desirable to make such a determination. The board may delay its consideration of the proposal until it receives any additional information requested.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 858, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 2 - DISTRICT ADMINISTRATION AND POWERS (§§ 32-11.5-201 — 32-11.5-207) › Section 32-11.5-207 - Powers of public bodies

(1)
A public body, for the purpose of aiding and cooperating in any project authorized in this article, may:
(a)
Sell, lease, loan, donate, grant, convey, assign, transfer, and otherwise dispose to the district any project-related infrastructure, property, or interest therein;
(b)
Make available to the district for temporary use, or otherwise dispose of, any machinery, equipment, infrastructure, or other property and any agents, employees, persons with professional training, or other persons to effect the purposes of this article. Any property owned by and persons in the employ or service of a public body shall, while performing any authorized service, activity, or undertaking for the district, have and retain all of the powers, privileges, immunities, rights, and duties, and be deemed to be engaged in the service and employment, of the public body, notwithstanding that the service, activity, or undertaking is being performed for the district.
(c)
Enter into any agreement or joint agreement between or among the federal government, the district, a public body, or any combination thereof with respect to action or proceedings pertaining to any power granted in this article and the use or joint use of any infrastructure, facilities, project, or other property;
(d)
Sell, lease, loan, donate, grant, convey, assign, transfer, or pay over to the district infrastructure, property, or moneys for the purpose of allowing the district to finance, acquire, improve, equip, operate, or maintain facilities or projects;
(e)
Transfer, grant, convey, or assign to the district any contracts awarded by the public body for the acquisition, improvement, or equipment of any project not commenced or not completed; and
(f)
Budget and appropriate, as required, the proceeds of taxes, service charges, and other revenues legally available to pay all bonds and other obligations arising from the exercise of any powers granted in this article as payments for the bonds or other obligations become due.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 859, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 4 - TAXES AND BONDS (§§ 32-11.5-401 — 32-11.5-402) › Section 32-11.5-401 - Taxes

Subject to the election requirements specified in section
32-11.5-205(2)(c)(II)
and the limitations specified in part 3 of article
1
of title
29
C.R.S., the district may levy and collect ad valorem taxes, levied at a rate of no more than five mills, on and against all taxable property within the district. The proceeds of ad valorem taxes may be used for any authorized purpose of the district including, but not limited to, the funding of reserve funds to be used to repay bonds issued pursuant to section
32-11.5-402
, defray maintenance, operation, and depreciation costs of facilities, and improve facilities.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 861, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 5 - IMPROVEMENT DISTRICTS AND SPECIAL ASSESSMENTS (§§ 32-11.5-501 — 32-11.5-511) › Section 32-11.5-501 - Improvement districts, special assessments, and bonds - general authority of district

Subject to the election requirements specified in section
32-11.5-205(2)(c)(II)
and the procedural and other requirements of this part 5, the district may create one or more improvement districts, levy special assessments against all of the assessable property in an improvement district, and cause the assessments to be collected to defray wholly or in part the cost of acquiring, constructing, or improving one or more projects. Subject to the election requirements specified in section
32-11.5-205(2)(c)(II)
, the district may also issue bonds to be repaid from the revenues generated by special assessments and, if applicable, any other moneys pledged to secure the payment of the bonds.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 864, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 5 - IMPROVEMENT DISTRICTS AND SPECIAL ASSESSMENTS (§§ 32-11.5-501 — 32-11.5-511) › Section 32-11.5-503 - Combination of projects

(1)
More than one project may be combined in an improvement district if the board determines that the combination will be efficient and economical.
(2)
If projects combined in one improvement district are separate and distinct due to substantial differences in their character or location or other substantial differences, each project shall be considered as a separate assessment unit or quasi-improvement district for the purpose of petition, remonstrance, and assessment.
(3)
If projects are combined, the board shall designate the project and the area constituting each assessment unit, and, in the absence of arbitrary and capricious action or abuse of discretion, its determination that there is or is not such a combination and its determination of the project and the area constituting the assessment unit shall be final and conclusive.
(4)
The costs of acquiring, constructing, or improving each project shall be segregated for the levy of assessments, and an equitable share of the incidental costs shall be allocated to each assessment unit.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 867, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 5 - IMPROVEMENT DISTRICTS AND SPECIAL ASSESSMENTS (§§ 32-11.5-501 — 32-11.5-511) › Section 32-11.5-504 - Effect of estimates

(1)
Unless otherwise specifically provided in this article, no estimate of the cost of a project required or authorized in this part 5 shall constitute a limit on the cost or a limit on the powers of the board or of any officers, agents, or employees of the district.
(2)
No assessment shall exceed the amount of the estimate of maximum special benefits from the project to any tract assessed.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 867, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 5 - IMPROVEMENT DISTRICTS AND SPECIAL ASSESSMENTS (§§ 32-11.5-501 — 32-11.5-511) › Section 32-11.5-505 - Fixing hearing and notice

(1)
In a resolution constituting a provisional order pursuant to section
32-11.5-502(2)
, the board shall set a time at least twenty days after the date of the resolution and a place at which the owners of the tracts to be assessed or any other interested persons may appear before the board and be heard as to the propriety and advisability of acquiring, constructing, or improving the provisionally ordered project.
(2)
Notice of the meeting required by subsection (1) of this section shall be given by publication and by mail to all owners of record of the tracts to be assessed.
(3)
The notice required by subsection (2) of this section shall include the following information:
(a)
The kind of project proposed;
(b)
The estimated cost of the project and the portion, if any, to be paid from sources other than special assessments;
(c)
The basis for apportioning the special assessments, which 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 special assessments are payable;
(e)
The maximum rate of interest on unpaid installments of special assessments;
(f)
The area of the improvement district to be assessed;
(g)
The time and place at which the board will consider the ordering of the proposed project and hear all complaints, protests, and objections that may be made in writing and filed with the district at least three days in advance or may be made verbally at the hearing by the owner of any tract to be assessed or by any other interested person;
(h)
The fact that the description of the tracts to be assessed, the maximum amount of benefits estimated to be conferred on each tract, and all related proceedings are on file and may be examined at main offices of the district during business hours by any interested person; and
(i)
A statement 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.
(4)
The district shall maintain proof of publication and proof of mailing of the notice required by subsections (1) and (2) of this section and described in subsection (3) of this section in the records of the district until any special assessments imposed to fund the project that is the subject of the provisional order have been paid in full.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 867, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 5 - IMPROVEMENT DISTRICTS AND SPECIAL ASSESSMENTS (§§ 32-11.5-501 — 32-11.5-511) › Section 32-11.5-506 - Subsequent modifications

(1)
Except as otherwise provided in subsection (2) of this section, the board may modify or rescind by resolution any board action relating to the creation of an improvement district or the imposition of special assessments at any time before adopting a resolution creating the improvement district pursuant to section
32-11.5-509
and authorizing a project to be funded in whole or in part with revenues generated by special assessments.
(2)
No substantial change in a proposed 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 that the board may delete a portion of a project or any tract from the proposed improvement district or from any assessment unit, and the engineer may make minor changes in time, plans, and materials for a project at any time before its completion.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 868, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 5 - IMPROVEMENT DISTRICTS AND SPECIAL ASSESSMENTS (§§ 32-11.5-501 — 32-11.5-511) › Section 32-11.5-507 - Provisional order hearing

(1)
At the provisional order hearing, any property owners interested in a proposed project to be funded in whole or in part with revenues generated by special assessments may present their views to the board. The board may adjourn the hearing from time to time.
(2)
If the board determines, after considering all views presented at the provisional order hearing, that it is not in the public interest that the proposed project or a portion of the proposed project go forward, the board shall order by resolution that the proceeding for the rejected project or portion shall stop. The rejected project or portion may only resume if the board adopts a new resolution.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 869, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 5 - IMPROVEMENT DISTRICTS AND SPECIAL ASSESSMENTS (§§ 32-11.5-501 — 32-11.5-511) › Section 32-11.5-508 - Post-hearing procedure

(1)
After the provisional order hearing, the board shall determine whether to form the proposed improvement district and any assessment unit within the proposed improvement district.
(2)
If the board desires to form the proposed improvement district but also desires to modify the district, the board shall direct the engineer to prepare and present to the board:
(a)
A revised and detailed estimate of the total cost, including without limitation the cost of acquiring, constructing, or improving each proposed project. Unless otherwise specifically provided in this article, the revised estimate shall not constitute a limitation for any purpose.
(b)
Full and detailed plans and specifications for each proposed project designed to permit and to encourage competition among the bidders if any projects are to be acquired, constructed, or improved by construction contract; and
(c)
A revised map and assessment plat showing the location of each proposed project and the tracts to be assessed therefor.
(3)
The board, in the resolution creating the improvement district or in a separate resolution, may combine or divide the proposed projects into suitable construction units for the purpose of letting separate and independent contracts, regardless of the extent of any project constituting an assessment unit and regardless of whether or not a portion of the cost of any project is to be defrayed with revenues other than revenues generated by special assessments.
(4)
Nothing in this part 5 shall be construed as not requiring the segregation of costs of unrelated improvement programs for assessment purposes.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 869, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 5 - IMPROVEMENT DISTRICTS AND SPECIAL ASSESSMENTS (§§ 32-11.5-501 — 32-11.5-511) › Section 32-11.5-509 - Creation of improvement district

(1)
When an accurate estimate of cost, full and detailed plans and specifications, and the map and assessment plat are prepared, presented, and are satisfactory to the board, regardless of whether the preliminary estimate of cost, plans and specifications, and map and assessment plat are modified pursuant to section
32-11.5-508
and any required election has been held, the board shall by resolution create the improvement district and order the proposed project to be acquired, constructed, or improved.
(2)
The resolution shall prescribe:
(a)
The extent of the improvement district and of any assessment within the improvement district by boundaries or by other brief description;
(b)
The kind and location of each proposed project;
(c)
The amount or the proportion of the total cost to be defrayed by special assessments, the method of levying special assessments, the number of installments, and the times at which special assessments will be payable; and
(d)
The character and the extent of any construction units pursuant to section
32-11.5-508(3)
.
(3)
The engineer may further revise the cost, plans and specifications, and the map and assessment plat for all or any part of a project, and the board may amend the resolution creating the improvement district accordingly prior to letting any construction contract and prior to any property being acquired or any work being done other than by independent contract let by the district.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 869, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 5 - IMPROVEMENT DISTRICTS AND SPECIAL ASSESSMENTS (§§ 32-11.5-501 — 32-11.5-511) › Section 32-11.5-510 - Construction contracts

No contract for construction work to acquire or improve the project contemplated shall be made or awarded nor shall the board incur any expense or any liability in relation thereto, except for maps, plats, diagrams, estimates, plans, specifications, and notices, until after the provisional order hearing and notice provided for in this part 5 have been had and given.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 870, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 5 - IMPROVEMENT DISTRICTS AND SPECIAL ASSESSMENTS (§§ 32-11.5-501 — 32-11.5-511) › Section 32-11.5-511 - Division of tract

If a tract is divided after a special assessment 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 the tract so divided proportionally based upon their valuation for assessment for taxes. The apportionment shall be conclusive on all parties, and all subsequent assessments shall be according to the apportionment.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 870, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 6 - ANNEXATION (§§ 32-11.5-601 — 32-11.5-606) › Section 32-11.5-601 - Annexation of lands to watershed management area

(1)
The territorial limits of the watershed management area may be enlarged by the annexation of additional real property thereto:
(a)
By petition and consent of the fee owner pursuant to sections
32-11.5-602
and
32-11.5-606
;
(b)
By petition of the eligible electors pursuant to sections
32-11.5-603
,
32-11.5-604
, and
32-11.5-606
;
(c)
By action initiated by the district pursuant to sections
32-11.5-605
and
32-11.5-606
with the consent of the governing body of each county or municipality that includes any of the real property to be annexed; or
(d)
By petition by the governing body of each county or municipality that includes any of the real property to be annexed.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 870, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 6 - ANNEXATION (§§ 32-11.5-601 — 32-11.5-606) › Section 32-11.5-602 - Petition of fee owners

(1)
The fee owner of any real property contiguous to the territorial limits of the watershed management area and capable of being served with facilities of the district may file with the board a petition in writing seeking the inclusion of the property in the watershed management area.
(2)
The petition authorized in subsection (1) of this section shall:
(a)
Set forth an accurate legal description of the property owned by the petitioners;
(b)
State that assent to the annexation of the property is given by the signers thereto, constituting all the fee owners of the property; and
(c)
Be acknowledged in the same manner required for conveyance of land.
(3)
A fee owner may not withdraw a petition after consideration by the board or file further objections except in the case of fraud or misrepresentation.
(4)
The board shall hear a petition filed pursuant to subsection (1) of this section at an open meeting after publishing notice of the filing of the petition, the place, time, and date of the meeting, and the names and addresses of the petitioners in a newspaper of general circulation in the county or counties in which the real property proposed to be annexed is located.
(5)
The board shall grant a petition by resolution if it determines that the proposed annexation is feasible and in the best interests of the district. The board may determine that annexation of only a portion of the property proposed to be annexed is appropriate.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 871, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 6 - ANNEXATION (§§ 32-11.5-601 — 32-11.5-606) › Section 32-11.5-603 - Petition of eligible electors

(1)
Not less than ten percent or one hundred, whichever number is smaller, of the eligible electors of any real property that is contiguous to the watershed management area and contains twenty-five thousand or more square feet of land may file a petition with the board in writing seeking the annexation of the property to the watershed management area; except that no single tract or parcel or property containing ten acres or more may be included in the watershed management area without the consent of the owner.
(2)
A petition shall describe the area to be annexed and shall be acknowledged in the same manner required for conveyances of land.
(3)
The board shall cause notice of the filing of a petition to be published in a newspaper of general circulation in the county or counties in which the property proposed to be annexed is located, and the notice shall state:
(a)
That a petition has been filed;
(b)
The names of the petitioners;
(c)
A description of the area proposed to be annexed;
(d)
The place, time, and date of a board hearing on the proposed annexation at which the board will consider the petition and all written objections to the petition; and
(e)
A statement that all interested persons may appear at the board hearing and show cause in writing why the petition should not be granted.
(4)
The eligible electors may not withdraw a petition after consideration by the board or file further objections except in the case of fraud or misrepresentation.
(5)
The board shall grant a petition by resolution if it determines that the proposed annexation is feasible and in the best interests of the district.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 871, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 6 - ANNEXATION (§§ 32-11.5-601 — 32-11.5-606) › Section 32-11.5-604 - Annexation election

(1)
If a petition is provisionally granted pursuant to section
32-11.5-602
or
32-11.5-603
, the board by resolution shall:
(a)
Make an order to that effect;
(b)
Direct that the question of inclusion of the real property proposed to be annexed within the watershed management area be submitted to the eligible electors of the area that includes the real property only; and
(c)
Designate the secretary of the board as the designated election official to give notice and conduct the election according to the provisions of articles
1
to
13
of title
1
, C.R.S.
(2)
If a majority of the votes cast on the question at the election favor inclusion, the board shall by resolution enter an order making the real property a part of the watershed management area.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 872, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 6 - ANNEXATION (§§ 32-11.5-601 — 32-11.5-606) › Section 32-11.5-605 - Annexation initiated by the board

(1)
(a)
At any time and as a condition to an annexation initiated by the board, the board may adopt a resolution determining that real property proposed for annexation:
(I)
Is contiguous to the territorial limits of the watershed management area;
(II)
Contains six hundred forty or more acres of land;
(III)
Has become urbanized by having a population of at least one thousand persons per square mile and having at least five hundred dwelling units per square mile; and
(IV)
Is capable of being served by the facilities of the district.
(b)
A resolution adopted pursuant to paragraph (a) of this subsection (1) shall provisionally order the annexation of the real property proposed to be annexed.
(2)
The board shall cause notice of the adoption of a resolution pursuant to subsection (1) of this section to be given by publication in a newspaper of general circulation in the county or counties in which the property proposed to be annexed is located, and the notice shall state:
(a)
That the resolution has been adopted;
(b)
The description of the area proposed to be annexed;
(c)
The place, time, and date of a board hearing on the proposed annexation at which the board will consider all written objections to the finalization of the annexation; and
(d)
That all interested persons may appear at the board hearing and show cause in writing why the annexation should not be made final.
(3)
Prior to the board hearing, the board shall obtain written consent to annex the property from the governing body of each county or municipality that includes any of the real property proposed to be annexed.
(4)
If, after the board hearing, the board determines by resolution that the proposed annexation is feasible and in the best interest of the district, the board shall furnish by mail to the director of the division of local government within the department of local affairs copies of both the resolution adopted pursuant to subsection (1) of this section and the post-hearing resolution and shall request that the director approve the annexation.
(5)
If the director approves the annexation in writing, the board, upon the receipt of such approval, shall by resolution enter a final order annexing the real property to the district.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 873, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 6 - ANNEXATION (§§ 32-11.5-601 — 32-11.5-606) › Section 32-11.5-606 - General annexation provisions

(1)
The failure of any person in the watershed management area or in an area proposed to be annexed to the watershed management area to file a written objection to a proposed annexation in a properly noticed hearing of the board thereon constitutes the assent of the person to the inclusion in the watershed management area of the area described in the notice of the hearing for annexation.
(2)
A determination by the board that a proposed annexation is feasible and in the best interests of the district shall be final, conclusive, and not subject to review.
(3)
Whenever the board by resolution enters an order annexing real property to the watershed management area, the board shall file the resolution with:
(a)
The secretary of state;
(b)
The state attorney general;
(c)
The division of local government; and
(d)
The county clerk and recorder, county assessor, and county treasurer of each county in which the annexed real property is located.
(4)
A board resolution annexing real property to the watershed management area is a final order and shall finally and conclusively establish the annexation of the real property to the watershed management area against all persons; except that the attorney general, on behalf of the state, within thirty days of the filing of the resolution with the attorney general as required by paragraph (b) of subsection (3) of this section, may file a proceeding in the nature of quo warranto against the annexation. An annexation shall not be directly or collaterally questioned in any suit, action, or proceeding except as expressly authorized in this subsection (4).
(5)
After the date of the final annexation of real property to the watershed management area by resolution of the board, the annexed real property shall be liable for its proportionate share of existing bonded indebtedness of the district but shall not be liable for any taxes or service charges levied or assessed prior to its annexation to the watershed management area. The annexation of the real property to the watershed management area shall not be made subject to or contingent upon the payment or assumption of any penalty, toll, or charge, other than the taxes and service charges that are uniformly made, assessed, or levied within the watershed management area except as otherwise expressly provided in this article.
(6)
The district and the owner of any real property sought to be annexed to the watershed management area may enter into an agreement with respect to the terms and conditions on which the property may be annexed.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 874, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 7 - MISCELLANEOUS (§§ 32-11.5-701 — 32-11.5-704) › Section 32-11.5-701 - Budgets, accounts, audits, and construction contracting

(1)
The district shall adopt a budget for each fiscal year, shall maintain accounts, and shall cause audits to be made pertaining to the financial affairs of the district as respectively provided in the "Local Government Budget Law of Colorado", part 1 of article
1
of title
29
, C.R.S., the "Colorado Local Government Uniform Accounting Law", part 5 of article
1
of title
29
, C.R.S., and the "Colorado Local Government Audit Law", part 6 of article
1
of title
29
, C.R.S.
(2)
The district shall be subject to the provisions of article
91
of title
24
, C.R.S., regarding construction contracting. In accordance with section
24-101-105(2)
, C.R.S., the district may adopt all or any part of the "Procurement Code", articles
101
to
112
of title
24
, C.R.S. The district may also award contracts using an integrated project delivery method pursuant to the "Integrated Delivery Method for Special District Public Improvements Act", part 18 of article
1
of this title.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 875, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 7 - MISCELLANEOUS (§§ 32-11.5-701 — 32-11.5-704) › Section 32-11.5-702 - No action maintainable

An action or proceeding at law or in equity to review any acts or proceedings or to question the validity or enjoin the performance of any act or proceedings or the issuance of any bonds or for any other relief against or from any acts or proceedings done under this article, whether based upon irregularities or jurisdictional defects, shall not be maintained unless commenced within thirty days after the performance of the act or proceedings and is thereafter perpetually barred.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 875, §1, effective April 30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 11.5 - FOUNTAIN CREEK WATERSHED, FLOOD CONTROL, AND GREENWAY DISTRICT (§§ 32-11.5-101 — 32-11.5-704) › Part 7 - MISCELLANEOUS (§§ 32-11.5-701 — 32-11.5-704) › Section 32-11.5-703 - Early hearings

Any civil action in which there may arise a question regarding the validity of any power granted in this article or of any other provision of this article shall be advanced as a matter of immediate public interest and concern and shall be heard at the earliest practicable moment.
L. 2009: Entire article added, (SB 09-141), ch. 194, p. 875, §1, effective April 30.