§ 37-48-148 — Special assessments - procedure in making

Colorado § 37-48-148

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

Text

(1) If the
proceedings for the organization of the subdistrict, including the petition and the
decree entered thereon, provide for the financing of the construction or acquisition
of the works or other improvements proposed and of the other steps necessary to
the development and implementation of the subdistrict's official plan by special
assessments to be levied against the appraised benefits to property within said
subdistrict, then the board of directors may make special assessments from time to
time, as required, and, in making the assessments, the board shall be guided by the
procedure for the levy of similar assessments under the conservancy law of the
state of Colorado, articles 1 to 8 of this title, 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 to which benefits are provided by the
subdistrict's official plan a special assessment of such portion of said benefits as
may be found necessary by the board to pay the cost of any appraisal, the
preparation and execution of the official plan for said subdistrict, and the
superintendence of construction and administration during the period of
construction, plus ten percent of the total to be added for contingencies, but not to
exceed in the total of principal the appraised benefits so adjudicated. The special
assessments, to be known as the construction fund special assessment, shall be
apportioned to and levied on each tract of land or other property in the district in
proportion to the benefits appraised and not in excess thereof, and in case special
improvement bonds are issued, as provided in section 37-48-149, then the amount
of interest that will accrue on such bonds as estimated by the board of directors
shall be included in and added to the assessment, but the interest to accrue on
account of the issuance of the special improvement bonds shall not be construed as
a part of the cost of construction in determining whether or not the expenses and
cost of making the improvement are or are not equal to or in excess of the benefits
appraised.

(3) As soon as the special 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 Special Assessment Record of Water Users' Association No. .....,
or Special Improvement District No. ....., of the Rio Grande 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.
The special 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
special assessments, the records thereof, and the manner of payment of special
assessments of subdistricts organized under this article.

Legislative History

Source: L. 75: Entire section added, p. 1384, � 7, effective July 18. L. 2007: Entire section amended, p. 1278, � 14, effective May 25.