HOME RULE CHARTER
CHAPTER XV IMPROVEMENT DISTRICTS
Section 15.1 Power to Create Special or Local Improvement Districts.
Section 15.2 Creation of Special or Local Improvement Districts.
Section 15.3 Improvement District Bonds; Levy for General Benefit to Special Fund; Pledge of Credit.
Section 15.4 Surplus and Deficiency Fund--Payment of Bonds by City.
Section 15.5 Review of Improvement District Proceedings.
Section 15.1 Power to Create Special or Local Improvement Districts.
(a) The City shall have the power to create Special or Local Improvement
Districts within designated districts in the City, to contract for, construct or
install special or local improvements of every character within the said
designated districts, to assess the cost thereof, wholly or in part upon the
property benefited in such district, and to issue special or local improvement
bonds therefor.
(b) The Council shall, by ordinance, prescribe the method and manner of
creating such improvements, of letting contracts therefor, issuing and paying
bonds for construction or installation of such improvements, including the costs
incidental thereto, for assessing the costs thereof and for all things in
relation to the authority herein created.
(c) Except as otherwise provided by Charter or by ordinance, the
Statutes of the State of Colorado shall govern the creation and organization of
Special or Local Improvement Districts, the assessment of costs, the issuance of
bonds therefor and all things in relation thereto.
Section 15.2 Creation of Special or Local Improvement Districts.
Special or Local Improvement Districts created pursuant to this Chapter
may be so created by:
(a) Ordinance; or
(b) On a petition by the owners of more than fifty percent (50%) of the
area of the proposed district, provided that such majority shall include not
less than fifty percent (50%) of the land owners in the proposed district,
subject in either event to protest by the owners of the frontage area to be
assessed.
Right to protest and notice of public hearing shall be given as provided by
Council by ordinance. All protests shall be considered but if the public
welfare warrants, Council shall have final decision. Such improvements shall
confer special benefits on the real property within the said districts and
general benefits to the City-at-large. The Council shall by ordinance prescribe
the method and manner of making such improvements, of assessing the cost
thereof, and issuing and paying bonds for costs and expenses of constructing or
installing such improvements.
Section 15.3 Improvement District Bonds; Levy for General Benefit to Special Fund; Pledge of Credit.
(a) In consideration of general benefits conferred on the City at large
from the construction or installation of improvements in Special or Local
Improvement Districts, the City Council may contract by ordinance prior to the
issuance of any bonds of any Special or Local Improvement District, that the
payment of such bonds, both as the principal, interest and costs appertaining
thereto become due, is additionally secured by a Special Fund herein created,
and pursuant hereto may levy annual taxes on all taxable property within the
City at a rate not exceeding two (2) mills in any one (1) year, to be disbursed
as determined by the Council, for the purpose of paying for such improvements,
pursuant to Section 15.5, for the payment of any assessment levied against the
City itself in connection with said bonds issued for Special or Local
Improvement Districts, for the purpose of advancing money to maintain current
payments of interest and equal annual payments of the principal amount of said
bonds or for any prior redemption premium appertaining to such bonds.
(b) The proceeds of such taxes shall be placed in a Special Fund and
shall be disbursed only for the purposes specified in this Section, provided,
however, that in lieu of such tax levies, the Council may annually transfer to
such Special Fund any available money of the City, but in no event shall the
amount transferred in any one year exceed the amount which would result from a
tax levied in such year as herein limited.
(1) As long as any bonds issued for Special or Local Improvements
Districts hereafter organized, remain outstanding, the tax levy or equivalent
transfer of money to the Special Fund created for the payment of said bonds
shall not be diminished in any succeeding year until all of said bonds and the
interest thereon shall be paid in full, unless other available funds are on hand
therefor, or such bonds and interest are paid by the City as provided in Section
15.5 of this Chapter.
(c) After the bonds have been retired in full, any monies remaining in
such Special Funds shall be transferred as provided in Section 15.4.
(d) Bonds of any Special or Local Improvement District payable from
special assessments, which payment may be additionally secured as provided in
this Section, shall not be subject to any debt limitation nor affect the City's
debt incurring power, nor shall such bonds be required to be authorized at any
election; and such bonds shall not be held to constitute a prohibited lending of
credit or donation, not [nor] to contravene any constitutional, statutory or
Charter limitation or restriction.
Section 15.4 Surplus and Deficiency Fund--Payment of Bonds by City.
(a) Where all outstanding Bonds of a Special or Local Improvement
District have been paid and money remains to the credit of the district or in a
Special Fund created pursuant to Section 15.3 for the said bond issue, it may be
transferred, in whole or in part, by ordinance, to a Surplus and Deficiency
Fund, and whenever
there is a deficiency in any Special or Local Improvement District Fund to
meet the payment of outstanding bonds and interest due thereon, the deficiency
shall be paid out of the said fund; or in the alternative, Council, may by
ordinance transfer all or part of any unencumbered balance from a Special or
Local Improvement District Fund or a Special Fund created pursuant to Section
15.3 for the said bond issues to any other City fund.
(b) Whenever a Special or Local Improvement District has paid and
cancelled three-fourths (¾) of its bonds issued and for any reason the
remaining assessments are not paid in time to redeem the final bonds of the
district, the City shall pay the bonds when due and reimburse itself by
collecting the unpaid assessments due the district.
Section 15.5 Review of Improvement District Proceedings.
No action or proceeding, at law or in equity, to review any acts or
proceedings, or to question the validity of, or enjoin the performance of the
issue or collection of any bonds or the levy or collection of any assessments
authorized by this Chapter, or for any other relief against any acts or
proceedings of the City done or had under this Chapter, shall be maintained
against the City, unless commenced within thirty (30) days after the performance
of the act or the effective date of the resolution or ordinance complained of,
or else be thereafter perpetually barred.
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