Colorado Code § 37-5-104

Construction fund
Open in Lexace · Ask the AI about this section
(1) After the list of property, with the appraised benefits
as approved by the court or that part thereof from which no appeal is pending, has been filed
with the secretary of the district, then from time to time, as the affairs of the district may
demand, the board of directors shall 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, except as paid out of the preliminary fund, the preparation
and execution of the official plan including 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 assessment 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 articles 1 to 8 of this title, then the amounts
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 issuing
of said bonds shall not be construed as a part of the cost of construction in determining whether
or not the expenses and costs of making said improvement are equal to or in excess of the
benefits appraised. As soon as said assessment is levied, the secretary of the district, at the
expense of the district, shall prepare in duplicate an assessment record of the district. It shall be
in the form of a well-bound book endorsed and named, "Construction Fund Assessment Record
of .............. Conservancy District", which endorsement shall also be printed at the top of each
page thereof.
(2) The construction fund assessment record shall include a table or schedule (Schedule
Form VIII, 1) showing in properly ruled columns:
(a) The names of the owners of the property to which benefits are appraised, which may
be as they appear in the decree of the court confirming the appraisals, and, in case of appraisals
against a town, city, county, or other public corporation, the name of the individual owners need
not be given, but only the name of such corporation;
(b) The descriptions of the items of property appraised and assessed, arranged by
counties;
(c) The total amount of benefits appraised against each item of property;
(d) The total assessment levied against each item of property to which benefits have
been appraised, and in this column of the record provision shall be made for the entry of
successive levies of assessments;
(e) A blank column in which the treasurer shall enter the assessments paid within the
sixty-day period in which property owners may pay their assessments;
(f) In successive columns, the construction fund installments, or if bonds are issued,
these columns may be designated bond fund installments, both principal and interest, one
column for each installment, with provision for the entry of installments of successive levies, if
any, and suitable blank columns in which the county treasurer shall record the several
installment amounts, principal and interest, as collected by him, and the names of the persons
paying the same. Where successive levies of assessments are made for the construction fund, the
construction fund assessment record shall contain suitable notations to show the number of
levies and the amount of each, to the end that it may disclose the aggregate of all levies for the
construction fund.
(3) Upon the completion of the construction fund assessment record, it shall be signed
by the president of the district, and the seal of the district shall be thereunto affixed and attested
by the signature of the secretary, and the same shall thereafter become a permanent record in the
office of said district.
(4) If it is found at any time that the total amount of assessments levied is insufficient to
pay the cost of the works set out in the official plan or of additional work done, the board of
directors may levy such additional assessments and may make such amendments or supplements
to the construction fund assessment record from time to time as may be necessary to provide
funds to complete the work, but the total of all such assessments, exclusive of interest, shall not
exceed the total of benefits appraised.
(5) After the cost of the works set out in the official plan or of additional work done has
been paid in full, any or all moneys remaining in the construction fund may be transferred by the
board of directors to the maintenance fund.

‹ 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.