§ 37-47-119 — Assessments - procedure in making

Colorado § 37-47-119

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Southwestern 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 said board of
directors may make assessments from time to time, as required, and in making said
assessments, said board 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.

(2) From time to time, as the affairs of the subdistrict may demand, the board
of directors 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. 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 37-47-120, 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 the 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. ...., of the Southwestern 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 in section 37-5-104. Said assessments may be paid in
the manner provided in 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. 41: p. 880, � 16. CSA: C. 173B, � 71. CRS 53: � 149-9-16. C.R.S. 1963: � 150-8-16.