§ 37-50-114 — Assessments - procedure in making

Colorado § 37-50-114

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

Text

(1) If the board provides 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 district's official plan by special assessments to be levied against the
appraised benefits to property within the district, then the board may make
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 this state, articles 1 to 8 of this title, and particularly
sections 37-5-104 to 37-5-106.

(2) From time to time, as the affairs of the district may demand, the board
may levy on all property upon which benefits have been appraised an assessment of
such portion of benefits as may be found necessary by the board to pay the cost of
the appraisal, the preparation and execution of the official plan for the district, 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
assessments, to be known as the construction fund 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 bonds
are issued, then the amount of interest that will accrue on such bonds as estimated
by the board shall be included in and added to the assessment; except that the
interest to accrue on account of the issuance of bonds shall not be construed as a
part of the cost of construction in determining whether the expenses and cost of
making the improvement are equal to or in excess of the benefits appraised.

(3) As soon as the assessment is levied, the secretary of the district, at the
expense thereof, shall prepare in duplicate an assessment of the district. The
assessment shall be in the form of a well-bound book endorsed and named
Construction Fund Assessment Record of the Republican River Water
Conservation District. The record shall be in the form of similar records for
conservancy districts under the laws of this state, particularly section 37-5-104.
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 such
sections with respect to conservancy districts shall apply to the assessments, the
records thereof, and the manner of payment of assessments of the district.

Legislative History

Source: L. 2004: Entire article added, p. 1915, � 1, effective August 4.