Colorado Code § 37-48-148

Special assessments - procedure in making
Open in Lexace · Ask the AI about this section
(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.

‹ Prev All Colorado sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.