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SPECIAL IMPROVEMENT DISTRICTS
Sections:
14.23.010 Adoption of state statutory procedure.
14.23.020 Specific alterations of statutes.
14.23.030 Notice requirement.
14.23.040 Administrative regulations.
14.23.010 Adoption of state statutory procedure.
Except as otherwise provided herein or in the Charter, the statutes of the State
of Colorado codified as Part 5 of Article 25 of Title 31, Colorado Revised Statutes,
in effect as of the date hereof, shall prescribe the method and manner of creating
improvement districts by the city, and all other matters related to such improvement
districts. In addition, the city shall have the right and authority to use and
operate under the provisions of the statutes of the State of Colorado codified
as Part 11 of Article 25 of Title 31, Colorado Revised Statutes, in connection
with such improvement districts. (Ord. O-92-27 § 1 (part), 1992).
14.23.020 Specific alterations of statutes.
In accordance with the authority contained in Section 14.23.010 hereof, it is
provided that:
A. The provisions of Section 31-25-503(1)(a), (b), (c), and (d), C.R.S., shall
not apply to improvement districts created or to be created by the city. Any
improvement and any improvement district may be initiated by either: (i) submission
to the city of a petition therefor subscribed by the owners of not less than
twenty-five percent of the property by area within an improvement district;
or (ii) adoption of an ordinance by the City Council declaring its intention
to create the district and construct, install, or otherwise acquire such improvements,
without the necessity of receiving a petition therefor. References in Title
31, Article 25, Part 5, Colorado Revised Statutes, to the resolution of intention
to create a district under Section 31-25-503(1)(d), C.R.S., shall be deemed
to refer to the ordinance of intention provided herein. If initiated by such
ordinance, the City Council shall make a preliminary order as required by Section
31-25-503(3) in the same manner as if the improvements had been requested by
petition. Such preliminary order may be included in the ordinance of intention
to construct the improvements. In accordance with Section 10.1(d) of the Charter,
the City Council shall create no improvement district without the express written
consent of owners of a majority of the property by area within any improvement
district. As used in this section, the term "owners" means only those
entities or persons in whom record fee title is vested, although such title
may be subject to a lien or other encumbrance; and the term "property"
means all land, whether platted or unplatted, regardless of improvements thereon
and regardless of lot or land lines. Nothing herein shall be construed to require
the city to create any improvement district, to construct, install, or otherwise
acquire any particular improvement, use any particular materials in connection
therewith, or to assess the costs thereof in any particular manner, regardless
of any petition therefor.
B. Petitions may be submitted in counterparts, shall be in such form or forms
as may be prescribed by the City Manager, and shall contain: (i) a general description
of the improvements petitioned for; (ii) the properties to be assessed; (iii)
the requested method or methods of assessing the costs of the improvements;
(iv) the names and addresses of the persons or entities signing such petition;
(v) the name and address of at least one person who is empowered to represent
the signatories thereto; and (vi) such other information as the City Manager
may require. Unless otherwise determined by the City Manager, any petition presented
to the City Council shall be accompanied by a cash deposit, bond, or other surety
acceptable to the City Manager, sufficient to cover the costs (as estimated
by the City Manager or the City Manager's designee) associated with the giving
of notice, the holding of hearings, and all other matters associated with the
creation of the district petitioned for therein. If at any time the amount of
such surety proves insufficient to cover such costs, the City Manager may order
the posting of additional surety, and the failure to post such security as determined
by the City Manager will constitute grounds for terminating any proceedings
in connection with the district petitioned for. In the discretion of the City
Council, after the creation of a district pursuant to a petition, the costs
of creating such district which were paid from such surety may be reimbursed
to the appropriate persons or entities from the proceeds of any bonds or other
obligations issued to construct, install, or acquire the improvements, or from
any other moneys allocable to the district. Unless the City Council determines
to reimburse such costs, the costs of creating such district which were paid
from such surety shall be nonrefundable.
C. Upon either: (i) receipt of a petition meeting the requirements of this section;
or (ii) adoption of an ordinance declaring the intention of the City Council
to create a district, the notice provided in Section 31-25-503(4), C.R.S., shall
be given; provided that pursuant to Section 31-25-503(4.5), C.R.S., such notice
and hearing may be waived. A certificate signed by the City Clerk or the City
Manager certifying that such notice was mailed or delivered in accordance with
Section 31-25-503(4), C.R.S., shall be conclusive of the facts so stated.
D. The provisions of Section 31-25-516, C.R.S., shall not apply to improvement
districts created by the city. The letting of contracts for the construction,
installation, or other acquisition of improvements for improvement districts
shall be in such manner as may be determined by the City Manager to be in the
best interests of the city.
E. The provisions of Section 31-25-518, C.R.S., shall not apply to improvement
districts created by the city. Contracts for the construction, installation,
or other acquisition of improvements for improvement districts shall contain
such provisions as may be determined by the City Manager to be in the best interests
of the city.
F. The provisions of Section 31-25-534, C.R.S., shall not apply to improvement
districts created or to be created by the city. The city may issue securities
for the purposes of paying any costs in connection with a district or the improvements
therefor, including the costs of refunding outstanding special assessment securities,
which securities shall be payable from special assessments, and which payment
may be additionally secured as provided herein. The securities may be issued
in such form and amount, bearing such interest rate or rates, payable in such
period, bearing such signatures or other evidences of authentication, payable
in such manner and in such place or places, and having such other terms, as
may be determined by the City Council and set forth in the ordinance or other
documents pertaining to the issuance of the securities. In accordance with Section
10.4 of the Charter, whenever there has been paid and canceled three-fourths
of the securities issued for a district and for any reason the remaining assessments
are not paid in time to redeem the final securities for a district, the city
may pay the securities when due and reimburse itself by collecting the unpaid
assessments due the district.
G. The provisions of Section 31-25-527, C.R.S., shall not apply to improvement
districts created or to be created by the city.
H. The provisions of Section 31-25-538, C.R.S., shall not apply to improvement
districts created or to be created by the city. In accordance with Section 10.5
of the Charter, no action or proceeding, at law or in equity, to review any
acts or proceedings, or to question the validity of, or enjoin the issuance
or payment of any securities; or the levy or collection of any assessments authorized
by Article X of the Charter or this chapter, or for any other relief against
any acts or proceedings of the city done or had under Article X of the Charter
or this chapter, shall be maintained against the city, unless commenced within
twenty days after the performance of such act or the effective date of the ordinance
or resolution complained of, or else be thereafter forever barred. (Ord. O-92-27
§ 1 (part), 1992).
14.23.030 Notice requirement.
It is unlawful for any person to knowingly sell, convey, or otherwise transfer
real property which is within a special improvement district created by the
city, or any interests in such property, without disclosing to the purchaser
or transferee, in writing, the existence of such special improvement district.
(Ord. O-92-27 § 1 (part), 1992).
14.23.040 Administrative regulations.
The City Manager shall have the power to adopt rules and regulations not inconsistent
with the provisions hereof, concerning the creation and administration of improvement
districts, and other matters concerning such districts. (Ord. O-92-27 §
1 (part), 1992).
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