§ 37-46-119 — Directors may make assessments

Colorado § 37-46-119

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Colorado River Water Conservation District

Text

(1) In the event that the plans
for the organization of said district, including the petition and the decree entered
thereon, provide for a plan of financing the construction or acquisition of the works,
or other improvements proposed, by special assessments to be levied against the
appraised benefits to property within said subdistrict, then the board of directors
may make assessments from time to time as required, and said board in making said
assessments shall be guided by the procedure for the levy of similar assessments
under the conservancy law of the state of Colorado and particularly the provisions
of said law appearing in sections 37-5-104 to 37-5-106, and the same shall apply to
subdistricts created under this article. The board of directors from time to time, as
the affairs of the subdistrict may demand, may levy on all property upon which
benefits have been appraised an assessment of such portion of said benefits as
may be found necessary by said board to pay the cost of the appraisal, the
preparation and execution of the official plan for said subdistrict, superintendence
of construction, and administration during the period of construction, plus ten
percent of said total to be added for contingencies, but not to exceed in the total of
principal the appraised benefits so adjudicated.

(2) The assessments, to be known as the construction fund assessment,
shall be apportioned to and levied on each tract of land or other property in said
district in proportion to the benefits appraised and not in excess thereof, and in
case bonds are issued, as provided in section 37-46-120, then the amount of
interest which will accrue on such bonds as estimated by said board of directors
shall be included in and added to said assessment, but the interest to accrue on
account of the issuance of said bonds shall not be construed as a part of the cost of
construction in determining whether or not the expenses and cost of making said
improvement are or are not equal to or in excess of the benefits appraised.

(3) As soon as said assessment is levied, the secretary of the subdistrict, at
the expense thereof, shall prepare in duplicate an assessment of the subdistrict. It
shall be in the form of a well-bound book endorsed and named Construction Fund
Assessment Record of Water Users' Association No. .... (or Special Improvement
District No. ...., as the case may be) of the Colorado River Water Conservation
District. Said record shall be in the form of similar records for conservancy
districts under the laws of this state, particularly as provided by section 37-5-104.
Said assessments may be paid in the manner provided by section 37-5-105, relating
to conservancy districts under the laws of this state. All proceedings provided in
said sections with respect to conservancy districts shall apply to the assessments,
the records thereof, and the manner of payment of assessments of subdistricts
organized under this article.

Legislative History

Source: L. 37: p. 1017, � 16. CSA: C. 138, � 199(16). CRS 53: � 149-8-16. C.R.S. 1963: � 150-7-16.