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)