This chapter is known and may be cited as the "Broomfield Reimbursement Assessment Ordinance." (Ord. 936 §1, 1992)

As used in this chapter, unless the context otherwise requires:

(A) Developer is the owner of property within the city who constructs and dedicates public improvements to the city. The city or any other governmental entity may apply for a reimbursement assessment district as a developer.

(B) Owner means the person in whom the recorded fee title is vested, although subject to lien or encumbrance.

(C) Property means all land, whether platted or unplatted, regardless of improvements thereon and regardless of lot or land lines.

(D) Reimbursement assessment district means the geographical division of the city and, in accordance with the provisions of subsection 14-06-040(B) of this chapter, the county in which the city is situated, within which any public improvement made. One or more noncontiguous parts or sections of property may be included in one such district. (Ord. 936 §1, 1992; Ord. 1175 §1, 1996)

(A) A developer who constructs and dedicates to the city a street, sidewalk, water main, sewer main, bicycle trail, bridge, storm drainage facility, or other public improvement may apply to the city for the establishment of a reimbursement assessment district in order to be reimbursed for a portion of the cost of such public improvement from the owners of other property that is specially benefitted by the improvements.

(B) If the city constructs a public improvement that specially benefits property, it may establish a reimbursement assessment district as provided in this chapter. (Ord. 936 §1, 1992)

(A) Any property is eligible for inclusion in a reimbursement assessment district if it has been specially benefitted by a street, sidewalk, bicycle trail, storm drainage facility, bridge, water main, sewer main, or other improvement constructed by a developer and dedicated to the city.

(B) Property located outside the city limits may be included in a reimbursement assessment district upon the application by the developer. No assessment, however, may be collected on such property until it has been annexed to the city, which must occur prior to the last date to which the assessment may be deferred pursuant to subsection 14-06-060(A) or twenty years from the effective date of the ordinance establishing the reimbursement district, whichever date is later. (Ord. 936 §1, 1992)

(A) Properties within a reimbursement assessment district shall be assessed in such a manner as equitably to apportion the cost among all properties specially benefitted by the improvement, but no property shall be assessed an amount greater than the
special benefit received by it. The method of assessment may include but is not limited to frontage, zone, area, lot, taps, impervious area, or any equitable combination thereof.

(B) The cost to be apportioned within a reimbursement assessment district is the reasonable cost of constructing the improvement, together with any acquisition cost for any property, easements, or rights-of-way upon which any such improvements are constructed, and together with any incidental costs, but not including the cost of any part or portion that solely benefits the developer, such as curb cuts or main connections to serve the developer's property. Engineering costs not to exceed ten percent of construction costs and any application or hearing fees may be included for determining the cost. With respect to public improvements constructed after the effective date of this chapter, reimbursable construction costs will be based on the lowest responsible bid of three bids obtained by the developer.

(C) Except as hereinafter limited, the term special benefit means any benefit conferred upon property that is greater than or different from that conferred upon properties in the city as a whole by an improvement. Among the facts to be considered in determining the existence of a special benefit are:

(1) Increased market value;

(2) Improvement in safety or convenience of access;

(3) Improved drainage;

(4) Alleviation of health or sanitation hazards;

(5) Adaptability of the property to a superior or more profitable use;

(6) Improved availability of public water or sewer services to the property; and

(7) In the case of undeveloped property, the installation of an improvement which would otherwise be required for development of the property.

(D) When a developer must extend an improvement, such as a water or sewer main, in order to make lateral connection to the developer's property, the preexisting portion of the improvement shall not be deemed to specially benefit that portion of the property served by the extension. (Ord. 936 §1, 1992; Ord. 1175 §2, 1996)

(A) The assessment shall be due and payable upon the effective date of the ordinance imposing the assessment; provided, however, that if any property included within a reimbursement assessment district is unplatted, is undeveloped, or has not connected to the improvement at the time the assessment is imposed, the owner of such property may defer payment of the assessment until such time as the property is platted, a building permit is issued, or the property is connected to the improvement, whichever first occurs after the assessment is imposed.

(B) If the owner elects to defer payment of the assessment, the payment shall include interest at the rate provided by section 5-12-102(2), C.R.S. Such interest shall commence on the effective date of the ordinance imposing the assessment.

(C) A reimbursement assessment district shall terminate twenty years from the effective date of the ordinance establishing it, and any property which is platted or connected to the improvement thereafter shall not be subject to reimbursement assessment. (Ord. 936 §1, 1992)

(A) Application.

(1) The developer of any property who, prior to August 27, 1992, constructs one or more public improvements may file with the city manager an application for a reimbursement assessment district on a form provided by the city. The application shall include the nature, location, and cost of the improvements, a description of the proposed district and individual properties within it, the names and addresses of the property owners within the district, accompanied by a written ownership and encumbrance report from a title company or similar document showing proof of ownership of all property to be included within the district, the proposed manner of assessment, and the amount proposed to be assessed against each property for each improvement.

(2) The developer of any property who subsequent to August 27, 1992, constructs one or more public improvements may file with the city manager an application for a reimbursement assessment district on a form provided by the city. The application shall include the nature, location, and cost of the improvements, a description of the proposed district and individual properties within it, the names and addresses of the property owners within the district, accompanied by a written ownership and encumbrance report from a title company or similar document showing proof of ownership of all property to be included within the district, the proposed manner of assessment and the amount proposed to be assessed against each property for each improvement, and three construction bids for the public
improvement. No application for a reimbursement assessment district may be filed with the city manager until all improvements for which reimbursement is sought have been accepted by the city in accordance with the provisions of section 900 of the Standards and Specifications for Design and Construction of Public Improvements.

(3) Each application for a reimbursement assessment district shall be accompanied by an application fee in the amount of $150.00 for each public improvement for which reimbursement is sought.

(4) The city engineer will review all applications for reimbursement assessment districts for accuracy and completeness before notice is sent to the other property owners.

(B) Administrative denial. The city manager, or a designee thereof, may, without notice or hearing to any other property owner than the developer who has applied for the reimbursement assessment district, deny any application that does not comply with the requirements of this chapter.

(C) Notice. The city manager, or a designee thereof, shall mail a notice to the owners of each property within the proposed reimbursement assessment district, together with a copy of the application. The notice shall state that any owner may file a written request for an administrative hearing to object to the proposal. The request for hearing shall state in general terms the grounds of objection. Failure by any owner to file a timely request for a hearing constitutes a waiver by the owner of any right to such a hearing.

(D) Hearing. Upon receiving a timely written request for a hearing, the city manager, or a designee thereof, shall set a hearing and notify the developer and all objecting parties. The city manager, or a designee thereof, shall conduct a quasi-judicial administrative hearing.

(E) Advisory decision. After the hearing, the hearing officer shall render an advisory decision summarizing the objections and making recommendations to the city council.

(F) Adoption of ordinance. After the hearing, or if no hearing is requested, the city council shall then consider the adoption of an ordinance establishing a reimbursement assessment district and imposing appropriate assessments on properties within the reimbursement assessment district, which shall be a lien upon each property assessed. A notice of the lien shall be filed in the office of the county clerk and recorder of the county in which the property is situated.

(G) Judicial review. Any reimbursement assessment ordinance adopted hereunder shall be subject to judicial review pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. (Ord. 936 §1, 1992)

(A) Upon adoption of an assessment ordinance, the city will invoice all owners of assessed property.

(B) If any owner elects to defer payment of the assessment, the city will assign its rights of collection under the notice of lien recorded pursuant to subsection 14-06-070(F) to the person entitled to reimbursement, unless the city council determines that it would be more appropriate for the city to collect the assessment.

(C) In the event that the city elects to collect the assessment pursuant to the notice of lien, the city and the developer entitled to reimbursement will enter into an agreement for collection and payment of the assessment, in a form approved by the city attorney, which agreement shall contain the following provisions:

(1) That the city specifically will not guarantee collection of the assessments;

(2) That in the event that any assessment becomes due and remains uncollected, the city will execute an assignment of the city's right to collect any such unpaid assessment to the developer entitled to reimbursement;

(3) That the city will agree to notify the developer entitled to reimbursement when the benefited property is platted, a building permit is issued, or the property connects to the improvement, whichever shall first occur after the assessment is imposed;

(4) That the developer entitled to reimbursement agrees to indemnify the city for, and hold the city harmless from, any suit or action for slander of title that is or may be brought against the city as a result of the filing of the assessment lien imposed pursuant to this article;

(5) That when the assessment is collected, the city will pay over the assessment, including accrued interest which is also collected, after first deducting therefrom a collection fee in the amount of $50.00 per property assessed or one percent of the total assessment collected, whichever sum is greater; and

(6) That it shall be the responsibility of the developer entitled to reimbursement to keep the city apprised of the developer's current address. In the event of the recipient's death, it shall be the

developer's personal representative's responsibility to notify the city of the name and address of the person entitled to receive future reimbursements. In the case of a corporate recipient, a successor shall be designated prior to dissolution.

(D) Failure of the developer entitled to reimbursement to comply with any of the provisions of the collection agreement shall constitute abandonment of all rights of reimbursement and shall be grounds for repeal of the reimbursement ordinance and refund of any assessments received by the city on behalf of the developer after the abandonment. (Ord. 936 §1, 1992)

Upon payment of assessment or expiration of the reimbursement term, whichever first occurs, the city will, upon request, issue a written release of lien to the owner of assessed property. (Ord. 936 §1, 1992)

(A) In lieu of the procedure set forth herein, a developer may contract with the owners of property for reimbursement for the construction of public improvements otherwise eligible for reimbursement under this chapter. At the request of the parties, the city will collect the reimbursement at the time of connection, platting or as otherwise provided in the contract.

(B) In the event that a developer contracts with the owner of a portion of the property that would otherwise be subject to a reimbursement assessment, such property may be excluded from the district; provided, however, that no property remaining within the reimbursement assessment district will be assessed in an amount proportionally greater than that provided in such contract. (Ord. 936 §1, 1992)