C.R.S. Section 32-11-306
Service charges

(1)

Intentionally left blank —Ed.

(a)

The urban district, as provided in section 32-11-217 (1)(e) and elsewhere in this article, may fix, modify, and collect, or cause to be collected, service charges for direct or indirect connection with, or the use or services of, the facilities of the district, including without limitation minimum charges and charges for the availability of the facilities or services relating thereto.

(b)

Such service charges may be charged to and collected in advance or otherwise by the district at any time or from time to time from any person owning real property within the district or from any occupant of such property which directly or indirectly is, has been, or will be connected with the drainage and flood control system of the district or from which or on which originates or has originated rainfall, other surface and subsurface drainage, and storm and flood waters (or any combination thereof) which have entered or may enter such system, and such owner or occupant of any such real property shall be liable for and shall pay such service charges to the district at the time when and place where such service charges are due and payable.

(c)

Such service charges of the district may accrue from any date on which the board reasonably estimates, in any resolution authorizing the issuance of any securities or other instrument pertaining thereto or in any contract with any person, that the facilities comprising the system or any project being acquired or improved and equipped will be available for service or use.

(2)

Intentionally left blank —Ed.

(a)

Such service charges, as nearly as the district deems practicable and equitable, shall be reasonable, and shall be uniform throughout the district for the same type, class, and amount of use or service of the district’s system, and may be based or computed on measurements of drainage flow devices duly provided and maintained by the district or by any user as approved by the district, or on the consumption of water in or on or in connection with the real property, making due allowance for commercial and other use of water discharged into any sanitary sewer system and for any infiltration of groundwater and discharge of surface runoff into such sewer system, or on the capacity of the capital improvements in or on or connected with the real property, or upon the availability of service or readiness to serve by the district’s system, or on any other factors determining the type, class, and amount of use or service of the district’s system, or on any combination of such factors. The district may give weight to the characteristics of any real property, including without limitation the characteristics of capital improvements, both proposed and existing, in any subdivision or other area in the urban district, and any other special matter affecting the runoff of rainfall, of other surface and subsurface drainage, and of storm and flood waters (or any combination thereof) from such real property directly or indirectly into the district’s facilities.

(b)

Reasonable penalties may be fixed for any delinquencies, including without limitation interest on delinquent service charges from any date due at a rate of not exceeding one percent per month, or fraction thereof, reasonable attorneys’ fees, and other costs of collection.

(3)

The district may prescribe and from time to time when necessary revise a schedule of such service charges, which shall comply with the terms of any contract of the district, and in any event shall be such that the revenues from the service charges of the district will at all times be adequate, except to the extent that the proceeds of any taxes or other moneys are available and used, after an allowance is made for delinquencies accrued and reasonably estimated to accrue by the board in the payment of such service charges, whether resulting from any delinquency of any person or from any other cause:

(a)

To pay all operation and maintenance expenses;

(b)

To pay punctually the principal of and interest on any securities payable from revenues of the district’s facilities and issued or to be issued by the district;

(c)

To maintain such reserves or sinking funds therefor; and

(d)

To pay any expenses incidental to the facilities of the district or any project authorized in this article, any contingencies, acquisitions, improvements, and equipment, and any other cost, as may be required by the terms of any contract of, or as may be deemed necessary or desirable by, the district.

(4)

Such schedule shall thus be prescribed and from time to time revised by the district. A public hearing thereon may be, but is not required to be, held by the district at least seven days after such published notice is given, as the district may determine to be reasonable. The district shall fix and determine the time or times when and the place or places where such service charges shall be due and payable and may require that the service charges shall be paid in advance for a period of not more than one year. A copy of such schedule of service charges in effect shall at all times be kept on file at the principal office of the district and shall at all reasonable times be open to public inspection.

(5)

The general assembly has determined and hereby declares that the obligations arising from time to time of any person to pay service charges fixed in connection with the district’s facilities shall constitute general obligations of the public body or other person charged with their payment; but as such obligations accrue for current services and benefits from and use of such facilities, the obligations shall not constitute an indebtedness of the public body within the meaning of any constitutional, charter, or statutory limitation, or other provision restricting the incurrence of any debt.

(6)

No board, agency, bureau, commission, or official other than the board of the district has authority to fix, prescribe, levy, modify, supervise, or regulate the making of service charges, nor to prescribe, supervise, or regulate the performance of services pertaining to the district’s facilities, as authorized in this article; but this subsection (6) is not a limitation on the contracting powers of the district acting by and through its board.

Source: Section 32-11-306 — Service charges, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-32.­pdf (accessed Oct. 20, 2023).

32‑11‑101
Short title 32‑11‑102
Legislative declaration 32‑11‑103
Public purpose 32‑11‑104
Definitions 32‑11‑105
Construction 32‑11‑106
Liberal construction 32‑11‑107
Sufficiency of article 32‑11‑201
Creation of district 32‑11‑202
Boundaries of district 32‑11‑203
Board of directors 32‑11‑204
Regular appointments 32‑11‑205
Filling vacancies 32‑11‑207
Fidelity bonds 32‑11‑208
Board’s administrative powers 32‑11‑209
Additional administrative powers 32‑11‑210
Records of board 32‑11‑211
Meetings of board 32‑11‑212
Compensation of directors 32‑11‑213
Conflicts in interest prohibited 32‑11‑214
Authorization of facilities 32‑11‑215
Implementing powers 32‑11‑216
Additional powers of district 32‑11‑217
Financial powers of district 32‑11‑218
Miscellaneous powers 32‑11‑219
Cooperative powers 32‑11‑220
Other supplemental powers 32‑11‑221
Approval of other facilities 32‑11‑222
Powers of public bodies 32‑11‑301
Levy and collection of taxes 32‑11‑302
Levies to cover deficiencies 32‑11‑303
Sinking funds 32‑11‑304
Levying and collecting taxes 32‑11‑305
Delinquent taxes 32‑11‑306
Service charges 32‑11‑401
Elections 32‑11‑402
Election resolution 32‑11‑501
Forms of borrowing 32‑11‑502
Limitations upon security 32‑11‑503
Recourse against district personnel 32‑11‑504
Repeal of article 32‑11‑505
Registration of securities 32‑11‑506
Details of securities 32‑11‑507
Recital of issuance under article 32‑11‑508
Additional securities details 32‑11‑509
Payment without further order 32‑11‑510
Interest coupons 32‑11‑511
Execution of securities 32‑11‑512
Use of facsimiles 32‑11‑513
Execution by incumbents 32‑11‑514
Execution with predecessor’s facsimile 32‑11‑515
Repurchase of securities 32‑11‑516
Use of securities proceeds 32‑11‑517
Use of surplus proceeds 32‑11‑518
Validity of securities unaffected by project 32‑11‑519
Employment of experts 32‑11‑520
Investments and reinvestments 32‑11‑521
Rights and remedies cumulative 32‑11‑522
Continuation of liabilities 32‑11‑523
Temporary bonds 32‑11‑524
Statement of purpose 32‑11‑525
Prior redemption calls 32‑11‑526
Surrender of district securities by state 32‑11‑527
Notes and warrants 32‑11‑528
General obligation securities 32‑11‑529
Special obligation securities 32‑11‑530
Covenant to pay operation and maintenance expenses 32‑11‑531
Securities constituting indebtedness 32‑11‑532
Securities not constituting indebtedness 32‑11‑533
Election to authorize debt 32‑11‑534
Limitations upon incurring debt 32‑11‑535
Interest and prior redemption charges 32‑11‑536
Recitals in securities 32‑11‑537
Consolidated bond fund 32‑11‑538
Securities tax levies 32‑11‑539
Initial levies 32‑11‑540
Payments from general fund 32‑11‑541
Use of other moneys 32‑11‑542
Appropriation of taxes 32‑11‑543
Special obligation limitations 32‑11‑544
Purchase price and interest 32‑11‑545
Public and private sales 32‑11‑546
Notice of public sale 32‑11‑547
Contents of sale notice 32‑11‑548
Bid requirements 32‑11‑549
Acceptance of best bid 32‑11‑550
Rejection of bids 32‑11‑551
Bond maturities 32‑11‑552
Prior redemption provisions 32‑11‑553
Special funds and accounts 32‑11‑554
Covenants and other provisions 32‑11‑555
Liens on pledged revenues 32‑11‑556
Rights and powers of securities holders 32‑11‑557
Receivers 32‑11‑558
Issuance of interim debentures 32‑11‑559
Limitations upon funding and refunding securities 32‑11‑560
Interim debenture details 32‑11‑561
Payment of interim debentures 32‑11‑562
Funding interim debentures 32‑11‑563
Funding bonds 32‑11‑564
Refunding bonds 32‑11‑565
Method of issuing refunding bonds 32‑11‑566
Conditions for refunding 32‑11‑567
Disposition of refunding bond proceeds 32‑11‑568
Administration of escrow or trust 32‑11‑569
Security for payment of refunding bonds 32‑11‑570
Combination of bond purposes 32‑11‑571
Applicability of other statutory provisions 32‑11‑601
Special assessments 32‑11‑602
Initiating procedure 32‑11‑603
Provisional order method 32‑11‑604
Petition method 32‑11‑605
Subsequent procedure 32‑11‑606
Combination of programs 32‑11‑607
Effect of estimates 32‑11‑608
Fixing hearing and notice 32‑11‑609
Content of notice 32‑11‑610
Subsequent modifications 32‑11‑611
Provisional order hearing 32‑11‑612
Appeal from adverse order 32‑11‑613
Post-hearing procedure 32‑11‑614
Creation of district 32‑11‑615
Methods of acquisition or improvement 32‑11‑616
Construction contracts 32‑11‑617
Extra work authorized - payment 32‑11‑618
Construction by district 32‑11‑619
Cooperative construction 32‑11‑620
Use of existing improvements 32‑11‑621
Assessment debentures 32‑11‑622
Issuance of assessment securities 32‑11‑623
Purchase price and interest 32‑11‑624
Use of assessments - payment of assessment securities 32‑11‑625
Bond limitations and details 32‑11‑626
Prior redemption provisions 32‑11‑627
Special obligations 32‑11‑628
Primary additional security 32‑11‑629
Permissive additional security 32‑11‑630
Redemption of securities 32‑11‑631
Rights and powers of security holders 32‑11‑632
Statement of cost of project 32‑11‑633
Order for assessment roll and its form 32‑11‑634
Assessment computations and limitations 32‑11‑635
Determination of assessable tracts 32‑11‑636
Preparation of proposed roll 32‑11‑637
Notice of assessment hearing 32‑11‑638
Assessment hearing 32‑11‑639
Levy of assessments 32‑11‑640
Appeal of adverse determination 32‑11‑641
Transfer of roll to county treasurer 32‑11‑642
Thirty-day payment period - deferred payments 32‑11‑643
Acceleration upon delinquency 32‑11‑644
Limitations upon deferred payments 32‑11‑645
Assessment liens 32‑11‑646
Division of tract 32‑11‑647
Surpluses and deficiencies 32‑11‑648
Notice of assessment or installment due 32‑11‑649
When collections paid district 32‑11‑650
Collections by county treasurer 32‑11‑651
Collection of delinquent assessments 32‑11‑652
Optional filing of claim of lien 32‑11‑653
Duties imposed when assessments are levied 32‑11‑654
Procedure to place omitted tracts on roll 32‑11‑655
Irregularities in contracts and assessments 32‑11‑656
Owner of interest may pay share 32‑11‑657
Payment of assessments by joint owner 32‑11‑658
Assessment paid in error 32‑11‑659
Description of property - notice to transferees 32‑11‑660
Assessment of public property 32‑11‑661
Collecting assessments against public properties 32‑11‑662
Sewer districts and subdistricts 32‑11‑663
Sewer acquisitions 32‑11‑664
Classification of sewer districts 32‑11‑665
Acquisition of subdistrict laterals 32‑11‑666
Assessment of district sewers 32‑11‑667
Issuance of refunding bonds 32‑11‑668
Reassessments 32‑11‑669
Procedure for relevy 32‑11‑670
Resolution for reassessment 32‑11‑671
Assessment roll - certification 32‑11‑672
Notice of filing 32‑11‑673
Hearing 32‑11‑674
Levy of reassessment - cost and value 32‑11‑675
Credits for prior assessment 32‑11‑676
Collection of assessments - new warrant or order 32‑11‑677
Appeal to district court 32‑11‑678
Procedure exclusive 32‑11‑679
Application of reassessment funds 32‑11‑701
Annexation of lands to district 32‑11‑702
Petition of fee owners 32‑11‑703
Petition of taxpaying electors 32‑11‑704
Annexation election 32‑11‑705
Annexation initiated by board 32‑11‑706
General provisions about annexations 32‑11‑801
Budgets, accounts, and audits 32‑11‑802
Effect of extraterritorial functions 32‑11‑803
Early hearings 32‑11‑804
Decision of board final 32‑11‑805
Correction of faulty notices 32‑11‑806
Correction of errors in proceedings 32‑11‑807
Retention of jurisdiction 32‑11‑808
Conclusiveness of board’s determination 32‑11‑809
Investments by public bodies 32‑11‑810
Investments by other persons 32‑11‑811
Delegated powers 32‑11‑812
Confirmation of contract proceedings 32‑11‑813
Tax exemptions 32‑11‑814
Freedom from judicial process 32‑11‑815
Misdemeanors 32‑11‑816
Civil rights 32‑11‑817
Exemption of district
Green check means up to date. Up to date

Current through Fall 2024

§ 32-11-306’s source at colorado​.gov