§ 37-5-102 — Preliminary fund

Colorado § 37-5-102

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Financial Administration

Text

(1) As soon as any district has been organized
under articles 1 to 8 of this title and a board of directors has been appointed and
qualified, such board has the authority to fix the amount of an assessment upon the
property within the district not to exceed one mill for every dollar of valuation for
assessment thereof as a level rate to be used for the purpose of paying the
expenses of organization, for surveys and plans, for other incidental expenses
which may have been incurred prior to the time when money is received from the
sale of bonds or otherwise, and for the general administration of the district. In
accordance with the schedule prescribed by section 39-5-128, C.R.S., the amount of
assessment for each dollar of valuation for assessment shall be certified to the
boards of county commissioners of the various counties in which the district, or any
portion thereof, is located and by them included in their next annual levy for state
and county purposes. Said amount shall be collected for the use of such district in
the same manner as are taxes for county purposes, and the revenue laws of the
state for the levy and collection of taxes on real estate for county purposes, except
as modified in this article, shall be applicable for the levy and collection of the
amount certified by the directors of such district as aforesaid, including the
enforcement of penalties and forfeiture for delinquent taxes.

(2) All collections made by the county treasurer pursuant to such levy shall
be paid to the treasurer of the conservancy district on or before the tenth day of the
next succeeding calendar month. If such items of expense have already been paid
in whole or in part from other sources, they may be repaid from the receipts of such
levy, and such levy may be made although the work proposed may have been found
impracticable or for other reasons may have been abandoned. The information
collected by the necessary surveys, the appraisal of benefits and damages, and
other information and data are declared to constitute benefits for which said
assessment may be levied. In case a district is dissolved or abandoned for any
cause whatsoever before the work is constructed, the data, plans, and estimates
which have been secured shall be filed with the clerk of the court in which the
district was organized and shall be matters of public record available to any person
interested.

(3) If all the expenses of organization, for surveys and plans, and for other
incidental expenses which may have been incurred prior to the time when money is
received from the sale of bonds or otherwise have been paid in full, any or all of the
moneys remaining in the preliminary fund may be transferred by the board of
directors to any of the other funds of the district.

Legislative History

Source: L. 22: p. 44, � 42. C.L. � 9556. CSA: C. 138, � 167. CRS 53: � 30-5-2. C.R.S. 1963: � 29-5-2. L. 81: (1) amended and (3) added, p. 1751, � 4, effective May 28. L. 87: (1) amended, p. 1408, � 7, effective April 22.