C.R.S. Section 31-25-503
What improvements may be made

  • conditions

(1)

A district may be created within the boundaries of a municipality and may also include any property in the unincorporated area of the county within which the municipality is situated if such county consents by resolution to such district and the construction or acquisition of improvements therein. In addition, such district may also include any property in another municipality within such county if such municipality consents by ordinance to such district and the construction or acquisition of the improvements therein. If a district includes property within a county by county consent or within another municipality by municipal consent, the municipality shall have full authority to construct or acquire improvements, to assess property within the county or such municipality benefited by such improvements, and to enforce and collect such assessments in the manner provided in this part 5; but:

(a)

No improvement, except as provided in paragraph (d) of this subsection (1) and except for sidewalks, water mains, sewers, and sewage disposal works and their appurtenances, shall be ordered under this part 5 unless a petition for the same is first presented. The petition shall be subscribed by the owners of property to be assessed for more than one-half of the entire costs estimated by the governing body to be assessed. Except as specified in this section, nothing in this part 5 shall restrict the right of such owners from securing any particular kind or variety of improvements petitioned for. In any case where a proposed improvement district includes two or more assessment units, the owners of property to be assessed for more than one-half of the entire costs estimated by the governing body to be assessed in each assessment unit shall petition as specified in this part 5.

(b)

If the owners of property to be assessed for more than one-half of the entire costs estimated by the governing body to be assessed petition for any particular kind of improvement and for any particular materials to be used in the same, the improvement shall be ordered in accordance with the petition, and the materials so designated shall be used, except as otherwise provided in this section;

(c)

If the material petitioned for by the owners of property to be assessed for more than one-half of the entire costs estimated by the governing body to be assessed does not encourage competition, the petitioners shall have the right to state in the petition the maximum price per square yard or linear foot or per unit at which the improvement is desired, and no contract shall be let for any such improvement at a price exceeding the maximum price fixed in said petition, excluding the cost of engineering, collection, inspection, incidentals, and interest;

(d)

Any improvement may be initiated directly by the governing body by resolution declaring its intention to construct the improvements. If initiated by such resolution, the governing body shall make a preliminary order as required by subsection (3) of this section in the same manner as if the improvements had been requested by petition. Such preliminary order may be included in the resolution of intention to construct the improvements. However, if written protests are submitted prior to the hearing referred to in subsection (4) of this section subscribed by the owners of property to be assessed for more than one-half of the entire costs estimated by the governing body to be assessed, the governing body shall not proceed with such special improvement district, based on the preliminary order so protested. Such protests shall not prevent the governing body from adopting a subsequent preliminary order for such improvements, subject to notice, hearing, and protest, as provided in this part 5.

(2)

The governing body shall encourage competition by advertising for and receiving bids for such construction and, insofar as possible within the limits of the petition, shall describe all materials by standard or quality in the specifications.

(3)

Before contracting for or ordering any work to be constructed, a preliminary order shall be made by the governing body, adopting preliminary plans and specifications for the same, definitely describing the materials to be used or stating that one of several specified materials shall be chosen, determining the number of installments and the time in which the cost of the improvement shall be payable, and the property to be assessed for the same, as provided in this part 5, and requiring an estimate of the cost to be made by the municipal engineer or any similar officer or employee, together with a map of the district in which the improvement is to be made and a schedule showing the approximate amounts to be assessed upon the several lots or parcels of property within the district. The cost estimates and approximate amounts to be assessed shall be formulated in good faith on the basis of the best information available to the governing body but shall not be binding.

(4)

The clerk shall give notice of the hearing on the construction of the improvements by publication in one issue of a newspaper of general circulation in the municipality, the publication to be at least twenty days prior to the date of the hearing. In addition, notice shall be mailed by first-class mail to each property owner to be assessed for the cost of the improvements who is included within the district. The mailed notice shall be made on or about the date of the publication of the notice of hearing. The notice shall set forth the following information:

(a)

The kind of improvements proposed;

(b)

The number of installments;

(c)

The time in which the cost shall be payable;

(d)

Repealed.

(e)

The extent of the district to be improved;

(f)

The probable cost per front foot or other unit basis which, in the judgment of the governing body, reflects the benefits which accrue to the properties to be assessed, as shown by the estimates of the engineer;

(g)

The time, not less than twenty days after the publication, when an ordinance authorizing the improvements will be considered;

(h)

That said map and estimate and schedule showing the approximate amounts to be assessed and all resolutions and proceedings are on file and can be seen and examined by any interested person at the office of the clerk, or other designated place, at any time within said period of twenty days; and

(i)

That all complaints and objections made in writing concerning the proposed improvement by the owners of any property to be assessed will be heard and determined by the governing body before final action is taken.

(4.5)

If the petition for an improvement is signed by one hundred percent of the owners of property to be assessed and contains a request for such waiver, the governing body may, at its discretion, waive all or any of the requirements for notice, publication, and a hearing set forth in subsection (4) of this section.

(5)

The finding by ordinance or resolution of the governing body that said improvements were duly ordered after notice duly given and after hearing duly held when such notice and hearing are required pursuant to this section, that such petition was presented, and that the petition was subscribed by all or the required number of owners shall be conclusive of the facts so stated in every court or other tribunal.

(6)

Any resolution or order in the premises may be modified, confirmed, or rescinded at any time prior to the passage of the ordinance authorizing the improvements.

(7)

The specifications for paving may include sidewalks, curbs, gutters, and grading, and sufficient culverts, sewers, or drains necessary to carry off the surface waters across or along the line of the street improved, and such other incidentals to paving as, in the judgment of the governing body, may be required. The specifications may also provide that bidders shall agree to enter into contract to do the work and maintain the same in good repair for a period of five years, and the contract may be entered into in accordance with such specifications.

(8)

If, before any such improvements are made, any piece of real estate or any railway company to be assessed already has an improvement conforming to the general plan or satisfactory to the governing body, an allowance therefor may be made to the owner, and such allowance may be deducted from the owner’s assessment and from the contract price.

(9)

Intentionally left blank —Ed.

(a)

Any other provision of this part 5 to the contrary notwithstanding, the governing body may create a district for the purpose of acquiring existing improvements of a character authorized by this part 5, in which case, the provisions of this part 5 concerning construction of improvements by the municipality, competitive bidding, and preliminary plans and specifications shall not apply.

(b)

Any other provision of this part 5 notwithstanding, the governing body may create an improvement district for the purpose of encouraging, accommodating, and financing renewable energy improvements and energy efficiency improvements of a character authorized by section 31-25-502 (2). Any such district shall include only property for which the owner has executed a contract or agreement consenting to the inclusion of such property within the district, and such consent may occur subsequent to the adoption of the ordinance of the governing body forming the district. The inclusion of such property within the district subsequent to the adoption of the ordinance of the governing body forming the district may be made by the adoption of a supplemental or amending ordinance or resolution of the governing body. For districts formed for the purpose of encouraging, accommodating, and financing renewable energy improvements or energy efficiency improvements, the provisions of subsections (2) and (3) of this section concerning preliminary orders, competitive bidding, and preliminary plans and specifications, of section 31-25-516 concerning contracts for construction, and of section 31-25-518 concerning contract provisions shall not apply.

(c)

The contract or agreement shall note the existence of any first priority mortgage or deed of trust on the property, the identity of the record holder thereof, and the penalty for default provided in section 31-25-530 clearly stating that default, like the penalties that exist for default on any mortgage or any other special assessment, may result in the loss of the applicant’s home. Within thirty days of a person’s submission of an application to the district, the governing body shall provide written notice to the record holder of any first priority mortgage or deed of trust on the real property that the person is participating in the district.

(10)

The governing body is authorized to enter into contracts and agreements with any owner of property within the district or any other person concerning the construction or acquisition of improvements, the assessment of the cost thereof, the waiver or limitation of legal rights, or any other matter concerning the district.

(11)

At or about the time of publication by the governing body of any ordinance creating a district, a copy of such ordinance shall be provided to the county assessor, the county treasurer, and the division of local government in the department of local affairs. The governing body shall make a good faith attempt to comply with this subsection (11), but failure to comply shall not affect or impair the organization of any district, the construction or acquisition of improvements therein, the levying and collection of assessments, or any other matter pursuant to the provisions of this part 5.

Source: Section 31-25-503 — What improvements may be made - conditions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-31.­pdf (accessed Oct. 20, 2023).

31‑25‑101
Short title 31‑25‑102
Legislative declaration 31‑25‑103
Definitions 31‑25‑104
Urban renewal authority 31‑25‑105
Powers of an authority 31‑25‑105.5
Acquisition of private property by eminent domain by authority for subsequent transfer to private party - restrictions - exceptions - right of civil action - damages - definitions 31‑25‑105.7
Condemnation actions by authorities - effect of other provisions 31‑25‑106
Disposal of property in urban renewal area 31‑25‑107
Approval of urban renewal plans by local governing body - definitions 31‑25‑108
Disaster areas 31‑25‑109
Issuance of bonds by an authority 31‑25‑110
Property of an authority exempt from taxes and from levy and sale by virtue of an execution 31‑25‑111
Title of purchaser, lessee, or transferee 31‑25‑112
Cooperation by public bodies with urban renewal authorities 31‑25‑112.5
Inclusion of unincorporated territory in urban renewal area 31‑25‑113
Authorities to have no power of taxation 31‑25‑114
Cumulative clause 31‑25‑115
Transfer - abolishment 31‑25‑116
Regional tourism projects 31‑25‑201
Cities may establish parks - recreational facilities - conservation easements 31‑25‑202
Acquisition by purchase 31‑25‑203
Acquisition by purchase - petition of electors - bonds - park bonds 31‑25‑204
Acquisition by condemnation 31‑25‑205
Bequests for park purposes 31‑25‑206
Park commissioners - vacancies 31‑25‑207
Members serve without compensation - no interest in contracts 31‑25‑208
Meetings - quorum 31‑25‑209
Secretary - salary - duties 31‑25‑210
Office of commission - supplies 31‑25‑211
Superintendent of parks - assistants - salaries 31‑25‑212
Expenditures for park purposes 31‑25‑213
Fiscal year - annual report 31‑25‑214
Park fund - certified vouchers 31‑25‑215
Maximum tax levy - moneys credited 31‑25‑216
Cities control park grounds outside limits 31‑25‑217
Management - licenses - franchises 31‑25‑218
Conservation trust fund authorized 31‑25‑301
Town may establish parks - recreation facilities - conservation easements 31‑25‑302
Questions submitted to registered electors 31‑25‑303
Town may improve parks 31‑25‑304
Conservation trust fund authorized 31‑25‑401
Short title 31‑25‑402
Legislative declaration - powers 31‑25‑403
Definitions 31‑25‑404
Resolution of intention 31‑25‑405
Notice and hearing 31‑25‑406
Claims for damages or compensation 31‑25‑407
Establishment of the mall 31‑25‑408
Improvement of the pedestrian mall 31‑25‑409
Special ad valorem assessments 31‑25‑500.2
Legislative declaration - energy efficiency and renewable energy production projects 31‑25‑501
Definitions 31‑25‑502
Powers to make local improvements 31‑25‑503
What improvements may be made - conditions 31‑25‑504
Municipality may establish sewer systems 31‑25‑505
District sanitary sewers - contracts - contiguous towns 31‑25‑506
Private sewers - connection 31‑25‑507
Determination of special benefits - factors considered 31‑25‑508
Storm drainage sewers - districts 31‑25‑509
Subdistricts in sewer districts 31‑25‑510
Improvements may be constructed under other laws 31‑25‑511
Property of irregular form - assessment 31‑25‑512
Cost assessed in proportion to area 31‑25‑513
Cost assessed in accordance with benefits 31‑25‑514
Streets - railway companies subject to tax 31‑25‑515
Utility connections may be ordered before paving - costs - default 31‑25‑516
Contracts for construction - bond - default 31‑25‑517
Sidewalks - water mains - sewers 31‑25‑518
Provisions to be inserted 31‑25‑519
Statement of expenses - apportionment 31‑25‑520
Notice of hearing on assessments 31‑25‑521
Hearing on objections 31‑25‑522
Assessment of lien - filing with county clerk and recorder - corrections 31‑25‑523
Assessment roll 31‑25‑524
Payment - assessment roll returned 31‑25‑525
Owner of interest may pay share 31‑25‑526
Collection of assessment payments - by municipal treasurer - by county treasurer 31‑25‑527
When assessments payable - installments 31‑25‑528
How installments paid - interest 31‑25‑529
Effect of payment in installments 31‑25‑530
Penalty for default - payment of balance 31‑25‑531
Sale of property for nonpayment 31‑25‑532
Municipality may purchase property on default 31‑25‑533
Power of governing body to contract debt - question submitted to registered electors 31‑25‑534
Issuing bonds - property specially benefited 31‑25‑534.5
Issuing refunding bonds 31‑25‑535
Bonds negotiable - interest 31‑25‑537
When mandamus will issue 31‑25‑538
No action maintainable - exception - grounds - limitations 31‑25‑539
Effect of court order 31‑25‑540
Figures instead of words - when general description used 31‑25‑541
Interim warrants 31‑25‑542
County treasurer - policies and procedures 31‑25‑601
Legislative declaration 31‑25‑602
Definitions 31‑25‑603
Authority of governing body 31‑25‑604
Organization petition - contents 31‑25‑605
Bond of petitioners 31‑25‑606
Notice of hearing 31‑25‑607
Hearing - dismissal - findings - declaration - when action barred 31‑25‑608
Recording of ordinance 31‑25‑609
Governing body constitutes board - duties 31‑25‑610
Meetings 31‑25‑611
General powers of district 31‑25‑611.5
Special improvement districts - authority to establish 31‑25‑612
Power to levy taxes 31‑25‑613
Determining and fixing rate of levy 31‑25‑614
Levies to cover deficiencies 31‑25‑615
County officers to levy and collect taxes - lien 31‑25‑616
Property sold for taxes 31‑25‑617
Reserve fund 31‑25‑618
Inclusion or exclusion - petition - notice - hearing - order 31‑25‑619
Liability of property 31‑25‑620
Board can issue bonds - form 31‑25‑625
Procedure 31‑25‑626
Correction of faulty notices 31‑25‑627
Early hearings 31‑25‑628
Construction 31‑25‑629
Municipal jurisdiction unimpaired 31‑25‑630
Method not exclusive 31‑25‑631
Confirmation of board actions and powers 31‑25‑632
Exemption from taxation - securities laws 31‑25‑633
Limitation of actions 31‑25‑701
Definitions 31‑25‑702
Power to establish cemeteries 31‑25‑703
Foreclosure proceedings 31‑25‑704
Hearing and decree 31‑25‑705
Fees and costs 31‑25‑706
Used burial space proviso 31‑25‑707
Joint proceedings 31‑25‑708
Abandoned burial sites - right to reclaim 31‑25‑801
Legislative declaration 31‑25‑802
Definitions 31‑25‑803
Powers of governing body 31‑25‑804
Organizational procedure - election 31‑25‑805
Board - membership - term of office 31‑25‑806
Board membership - qualifications - nominations - rules - removal 31‑25‑807
Powers - duties 31‑25‑808
Additional and supplemental powers 31‑25‑809
Authorization of bonds 31‑25‑810
Bond provisions 31‑25‑811
Refunding bonds 31‑25‑812
Tax exemption 31‑25‑813
No municipal liability on bonds 31‑25‑813.5
Limitation of actions 31‑25‑814
Remedies of bondholders 31‑25‑815
Employees - duties - compensation 31‑25‑816
Funding - budget 31‑25‑817
Ad valorem tax 31‑25‑818
Assessments 31‑25‑819
Conflict of interest 31‑25‑820
Construction 31‑25‑821
Property subject to debt 31‑25‑822
Inclusion of additional property 31‑25‑901
Legislative declaration 31‑25‑902
Duties of authority - development and financing of unconventional gas supplies 31‑25‑903
Formation of authority by municipality 31‑25‑904
Board - membership - term of office 31‑25‑905
Board membership - qualifications - nominations - rules - removal 31‑25‑906
Powers - duties of board 31‑25‑907
Powers of authority to effect purposes specified 31‑25‑908
Provisions relating to revenue bonds 31‑25‑909
Contracts with federal government 31‑25‑1101
Legislative declaration 31‑25‑1102
Definitions 31‑25‑1103
Property in default 31‑25‑1104
Action in rem - lien against property 31‑25‑1105
Form of notice of hearing to authorize sale 31‑25‑1106
Publication of notice - copy mailed 31‑25‑1107
Objections 31‑25‑1108
Procedure in court 31‑25‑1109
Court to direct sale of property 31‑25‑1110
Notice of sale 31‑25‑1111
Liens may be paid prior to sale 31‑25‑1112
Sale - certificate of purchase - filing 31‑25‑1113
Bonds applied to purchase price 31‑25‑1114
Treasurer may reject bids 31‑25‑1115
Property redeemable within three years - certificate 31‑25‑1116
Treasurer may issue deed - form 31‑25‑1117
Effect of deed 31‑25‑1118
Procedure not mandatory 31‑25‑1119
Fifteen-year limitation 31‑25‑1201
Short title 31‑25‑1202
Legislative declaration 31‑25‑1203
Definitions 31‑25‑1204
Authority of governing body 31‑25‑1205
Organizational procedure 31‑25‑1206
Notice of hearing 31‑25‑1207
Hearing - findings - when action barred 31‑25‑1208
Boundaries - exclusion proviso 31‑25‑1209
Board of directors - duties 31‑25‑1210
Meetings 31‑25‑1211
Approval of actions by municipality 31‑25‑1212
General powers of district 31‑25‑1212.5
Improvements - railroad quiet zones 31‑25‑1213
Power to levy taxes 31‑25‑1214
Determining and fixing rate of levy 31‑25‑1215
Levies to cover deficiencies 31‑25‑1216
County officers to levy and collect taxes - lien 31‑25‑1217
Property sold for taxes 31‑25‑1218
Reserve fund 31‑25‑1219
Special assessments 31‑25‑1220
Inclusion or exclusion - petition - notice - hearing 31‑25‑1221
Board can issue bonds - form 31‑25‑1222
Submission of debt question 31‑25‑1223
Effect - subsequent elections 31‑25‑1224
Confirmation of contract proceedings 31‑25‑1225
Dissolution procedure 31‑25‑1226
Correction of faulty notices 31‑25‑1227
Department of transportation and municipal jurisdiction unimpaired 31‑25‑1228
Method not exclusive 31‑25‑1301
Short title 31‑25‑1302
Legislative declaration 31‑25‑1303
Definitions 31‑25‑1304
Integrated project delivery contracts - authorization - effect of other laws 31‑25‑1305
Integrated project delivery contracting process - prequalification of participating entities - apprentice training 31‑25‑1306
Requests for proposals - evaluation and award of integrated project delivery contracts 31‑25‑1307
Supplemental provisions
Green check means up to date. Up to date

Current through Fall 2024

§ 31-25-503’s source at colorado​.gov