Except as provided for by the Charter and in this article, the creation of local public improvement districts, the construction of improvements within such districts, the assessment of costs for the construction of such improvements and the issuance and payment of bonds for the costs and expenses of constructing or installing such improvements shall be governed by C.R.S. title 31, article 25, part 5, as amended (Special Improvement District Act), as such laws now exist or as may be amended.
(Ord. No. 80-9, § 2, 8-5-80)
The council hereby finds and determines that the assessment of property within local public improvement districts and the issuance of bonds to finance such improvements, as authorized in this article, will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants and property owners of such districts. It is the purpose of this article to provide greater flexibility in the methods of assessing property for public improvements within local public improvement districts and issuing bonds to finance such improvements, so as to achieve the most efficient and equitable means as possible. It is further the intent of this article to provide more security for purchasers of the town's local improvement district bonds, and thereby achieve a lower interest rate thereon.
(Ord. No. 80-9, § 1, 8-5-80)
Bonds shall be issued and the costs of the improvements assessed against the property specially benefited as provided in C.R.S. title 31, article 25, part 5, except that the town shall have the option of issuing bonds either prior to or after the construction of the improvements. If issued prior to construction, the bonds shall be issued upon the engineer's estimate. If issued subsequent to construction, the bonds shall be issued upon the actual cost of the completed improvements.
(Ord. No. 80-9, § 5, 8-5-80)
All costs of construction and installation of the improvement are to be assessed against real property within the district by ordinance and upon the benefit conferred by the improvement. The council has the option of assessing on the basis of front footage, square footage, zone or formula which takes into account the acreage and use or potential use of the property and other factors reflecting the benefits each property receives. The council shall also have the option of using any other equitable method of assessment which bears a substantial relationship to the benefits conferred upon such property.
(Ord. No. 80-9, § 4, 8-5-80)
Notwithstanding any provision for an election to pay an assessment in two or more equal annual installments, the council may provide in the assessing ordinance that all assessments must be paid in full, together with accrued interest, upon any conveyance, by deed, of property which is subject to such a special assessment; provided, however, that this clause shall not apply in the event such conveyance is of the entire original parcel and is only to a corporation, partnership or other such entity in which the original owner maintains majority control and ownership, or in the event such conveyance involves a change of entity only and does not involve a sale at market value; and, further, this clause shall not apply in the event such conveyance is pursuant to a legally enforceable contract for sale executed prior to the effective date of the ordinance creating any special improvement district.
(Ord. No. 81-4, § 1, 2-12-81)
All assessments made by the town council may be collected either by the director of finance, otherwise known as the town treasurer, or the Gunnison County Treasurer as directed by the town council. If the town council directs that the director of finance shall collect the assessments, the director of finance shall perform all functions delegated to the county treasurer pursuant to C.R.S. title 31, article 25, part 5, as amended, except that the town finance director shall report all delinquencies in payment of any assessment installment to the town manager, who shall then direct that the delinquent assessment be collected by either the director of finance or the Gunnison County Treasurer. If the town manager directs that the director of finance shall collect a delinquent assessment, the director of finance shall collect the assessment pursuant to C.R.S. title 31, article 25, part 11, as amended. If the town manager directs that the Gunnison County Treasurer shall collect a delinquent assessment, the director of finance immediately shall certify the whole unpaid principal amount of the assessment and accrued interest together with any penalties pursuant to C.R.S. section 31-25-530, as amended, to the county treasurer for collection, and the county treasurer shall collect the assessment pursuant to C.R.S. title 31, article 25, part 5, as amended.
(Ord. No. 81-10, § 1, 5-5-81; Ord. No. 84-8, § 1, 9-18-84)
(a) 
No legal or equitable action shall be brought or maintained except to enjoin the collection of assessments levied upon property for local public improvements under this article and C.R.S. title 31, article 25, part 5, as amended, upon the grounds:
(1) 
That notice of hearing upon the amount of the assessment was not given as required in C.R.S. title 31, article 25, part 5, as amended. Any person presenting objections to the council at or before the hearing on assessment shall be deemed to have waived this ground;
(2) 
That the hearing upon the amount of the assessment as provided in C.R.S. title 31, article 25, part 5, as amended, was not held;
(3) 
That the improvement ordered was not one authorized by C.R.S. title 31, article 24, part 5, as amended;
(4) 
That the assessment levied exceeds the benefits received by the property assessed.
(b) 
No action shall be brought on the grounds provided in paragraph (3) or (4) of subsection (a) of this section unless the objections on which such action is based have been presented in writing as required in C.R.S. title 31, article 25, part 5, as amended. Any action brought pursuant to (a)(4) of this section shall be commenced within 30 days after the effective date of the ordinance creating the district; unless the method of assessment in the assessment ordinance differs from the method of assessment set forth in the notice of intent to create the district or unless the amount of the assessment exceeds the maximum assessment set forth in such notice by more than 6% additional for costs of inspection, collection and other incidentals and interest on the bonds issued to the time the first installment of the assessment is made payable in which event the action shall be commenced within 30 days after the passage of the assessing ordinance. Any actions brought pursuant to (a)(l), (2), (3) of this section shall be commenced within 30 days after passage of the assessing ordinance. All actions not brought within the above time periods shall be forever barred.
(Ord. No. 80-9, § 6, 8-5-80)
Before paving streets in any district pursuant to C.R.S. title 31, article 25, part 5, as amended, the town may order the owners of any abutting land to connect their lots, vacant or otherwise, with the gas or water main or with any other utility in the street in front of their several lots regardless of whether such utility lines are owned by the town or not. Upon default of any owner for 30 days after such order to make such connections, the town may contract for and make the connections at such distance, under such regulations and in accordance with the specifications as may be prescribed by the council. The whole cost of each connection shall be assessed against the property with which the connection is made. The cost shall be assessed, shall become a lien, and shall be collected in the same manner as the assessment and collection of the cost of other local improvements. Upon default in the payment of any such assessment, the property shall be sold in like manner with like effect.
(Ord. No. 80-3, § 3, 2-19-80)