§ 37-45-123 — Levy and collection under class B

Colorado § 37-45-123

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Water Conservancy Districts

Text

(1) (a) To levy and collect
special assessments under class B, the board shall make an allotment of water or
of capacity of specified works to each petitioning municipality in the district in the
manner provided in this article and in such quantity as will in the judgment of the
board, when added to the then present supply of water of such municipality in the
case of an allotment of water, or when added to the then present supply of capacity
of all other works of such municipality in the case of an allotment of capacity of
specified works, make an adequate supply for such municipality and shall fix and
determine the rate and the terms upon which such water or capacity of such works
shall be sold, leased, contracted for, or otherwise disposed of for use by such
municipalities; except that such rates shall be equitable although not necessarily
equal or uniform for like classes of services throughout the district and no
municipality shall be required to make payments to secure or cover the default or
failure of performance pertaining to capital debt of any other participating
municipality which participates in a project in which the capacity of the specified
works has been allotted to two or more participants.

(b) The board shall examine all rates charged for like classes of service
throughout the district and shall by rule and regulation adjust such rates
periodically as needed to make such rates within any such class of service
equitable.

(2) In the event any city, city and county, or town desires to purchase, lease,
contract for, or otherwise obtain the beneficial use of waters or capacity of works
of the district for domestic, irrigation, or other beneficial purposes, the legislative
body of such municipality shall by ordinance authorize and direct its mayor and
clerk to petition the board for an allotment of water or capacity of specified works,
upon terms prescribed by the board, which petition shall contain, inter alia, the
following:

(a) Name of municipality;

(b) Quantity of water or capacity of works for which an allotment is sought;

(c) Rate to be paid;

(d) Whether payments are to be in cash or annual installments;

(e) Agreement by the municipality to make payments for the beneficial use
of such water or capacity of works together with annual maintenance and operating
charges and to be bound by the provisions of this article and the rules and
regulations of the board.

(3) The secretary of the board shall cause notice of the filing of such petition
to be given and published once each week for two successive weeks, in a
newspaper published in the county in which said municipality is situated, which
notice shall state the filing of such petition and give notice to all persons interested
to appear at the office of the board, at a time named in said notice and show cause,
in writing, if any they have, why the petition should not be granted.

(4) The board at the time and place mentioned in said notice or at such time
to which the hearing of said petition may adjourn, shall proceed to hear the petition
and objections thereto, presented in writing, by any person showing cause why said
petition should not be granted. The failure of any person interested to show cause
shall be deemed an assent on such person's part to the granting of said petition. At
its discretion, the board may accept or reject said petition; but, if it deems it for the
best interest of the district that said petition be granted, the board shall enter an
order granting said petition, and, from and after such order, the said municipality
shall be deemed to have purchased, leased, contracted for, or otherwise acquired
the beneficial use of water or capacity of works as set forth in said order.

(5) If said petition is granted, the board shall determine the amount of money
necessary to be raised by taxation in each year from property within such
municipality to pay the annual installments and a fair proportionate amount of
estimated operating and maintenance charges for the next succeeding year, as
provided in the order granting said petition, and shall prepare a statement showing
the tax rate to be applied to all property in such municipality, which rate shall be
the rate fixed by resolution of the board, modified to the extent necessary to
produce from each such municipality only the amount of money apportioned
thereto in said resolution, less any amount paid or undertaken to be paid by such
municipality in cash or as credited thereto by payments from the general funds of
such municipality. Upon receipt by the board of county commissioners of each
county, wherein such municipality is located, of a certified copy of such resolution
showing the tax rate to be applied to all property in each municipality and showing
the municipalities and the property which is exempt therefrom, if any, it is the duty
of the county officers to levy and collect such tax in addition to such other tax as
may be levied by such board of county commissioners at the rate so fixed and
determined.

Legislative History

Source: L. 37: p. 1334, � 17. CSA: C. 173B, � 31. CRS 53: � 149-6-18. C.R.S. 1963: � 150-5-18. L. 92: (1), (2), and (4) amended, p. 2292, � 3, effective April 2.