HomeMy WebLinkAbout10 - IMPROVEMENT DISTRICTS
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Sec. 1O.l.
See. 10.2.
Sec. 10-3.
Sec. 10-4.
Sec. 10-5.
See. 10.6.
Sec. 10-7.
Sec. 10.8.
Sec. 10.9.
Sec. 10.10.
See. 10-11.
See. 10.12.
Sec. 10.13.
Sec. 10.14.
Chapter 10
IMPROVEMENT DISTRICTS.
Creation of special or local improvement districts by city council.
Improvements authorized.
Initiation by petition only.
Contents of petition.
Notice and setting of hearing.
Contents of notice.
Authorizing ordinance.
Action of council final.
Assessment of costs.
Notice and hearing upon assessments.
Levy of assessments.
Annualle,,"y .
Change of boundaries of district.
Incontestability provision in bonds.
.State law reference-Authority ofdty to make public improvements, C.R.S. ~ 31.35-303.
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IMPROVEMENT DISTRICTS
! 10.5
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Sec. 1()'1. Creation of special or local improve-
ment districts by city council.
Pursuant to section 13.2 of article XIll of the
charter of the city, the city council shall have the
power and authority, as specified in this chapter,
to create and establish, by ordinance, special or
local improvement districts.
(Code 1977, ~ 10-1)
Sec. 1()'2. Improvements authorized.
The city council shall have the power and au-
thority to create such district for local improve-
ments of every character, including, but not lim-
ited to, the cOnstruction, upgrading or improvement
of the following municipal facilities, ways and
improvements:
(1) Streets;
(2) Sidewalks;
(3) Utilities;
(4) Lighting;
_ (5) Drainage;
(6) Storm sewer systems;
(7) Sanitary sewer systems;
(8) Water mains;
(9) Parking; and
(10) Traffic-control systems.
(Code 1977, ~ 10-2)
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Sec. 10-3. Initiation by petition only.
(a) All special or local improvement i(istricts
permitted pursuant to this chapter shall be initi-
ated only by the filing with the city clerk of a
petition. Such petition shall be signed by the own-
ers of more than fifty (50) percent of the real
property within the district to be created.
(b) For purposes of subsection (a) of this section:
(1) A corporate or partnership owner of record
shall be considered a single owner.
(2) If the district to be created consists solely
of one (1) or more public streets or ways,
the signatures of the owners of record of
more than fifty (50) percent of the footage
directly fronting such streets or ways shall
comprise a sufficient number of signatures
for the initiation of the district.
(Code 1977, ~ 10-3)
Sec. 10-4. Contents of petition.
(a) The petition provided for in section 10-3 shall
contain the following:
(1) The name of the proposed distri~t.
(2) A description of the boundaries of the dis-
trict which is sufficiently certain to enable
an owner of record of real estate to deter-
mine whether his or her property is within
the district.
(3) A general description of the construction,
upgrading or improvements proposed.
(4) A description of the methods proposed to
finance and provide financial security for
such construction, upgrading or improvement.
(5) An estimation of the annual cost of physi-
cally maintaining the construction, upgrad-
ing or improvement so performed, and an
estimation of the annual cost of providing
financial security therefor.
(6) An estimation of the assessment levy nec-
essary to provide for the physical mainte-
nance and financial security for the con-
struction, upgrading or improvement.
(7) A request that the district be organized.
(8) Signatures as set forth in section 10-3, sub-
section (a).
(b) The city council may, at any time preceding
the creation of the district, permit the petition to
be amended to correct any errors in the descrip-
tion of the district or in the description of the
construction, upgrading or improvement proposed.
(Code 1977, ~ 10-4)
Sec. 10-5. Notice and setting of hearing.
(a) At its regular meeting immediately follow-
ing the filing of the petition, the city council shall
set a date for a hearing to be held on the petition,
which date shall not be less than thirty (30), nor
more than sixty (60) days after the date upon
which the petition was filed with the city clerk.
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WHEAT RIDGE CITY CODE
(b) The city clerk shall cause a notice of the
hearing conforming with the requirements of sec-
tion 10-6 hereof, to be published once a week for
three (3) consecutive. weeks in a newspaper of
generai circulation in the city. The city clerk shall
also mail a copy of the notice to each owner of
record of real property within the proposed district.
(Code 1977, ~ 10-5)
Sec. 1()'6. Contents of notice.
The notice of hearing required by section 10-5
hereof shall contain the following items:
(1) The nameofthe proposed district.
(2) A description of the boundaries of the dis-
trict which is sufficiently certain to enable
an owner of record of real estate to deter-
mine whether his or her property is within
the district.
(3) A general description of the construction,
upgrading, or improvements proposed.
(4) A description of the methods proposed to
finance and provide financial security for
such construction, upgrading or improvement.
(5) An estimation of the annual cost of physi-
cally maintaining the construction, upgrad-
ing or improvement, and of providing fi-
nancial security therefor.
(6) An estimation of the assessment levy nec-
essary to provide for the physical mainte-
nance and financial security for the con-
struction, upgrading or improvement.
(7) The fact that all property in the district is
subject to levy and lien of assessment.
(8) The date, time and place of the hearing.
(9) That any and all persons desiring to be
heard upon the issue of the creation of the
district, or the construction, upgrading or
improvement contemplated thereby, may
make an appearance at such time and place
and express his or her position and opin-
ions on the issue.
(Code 1977, ~ 10-6)
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Sec. 10-7. Authorizing ordinance.
(a) If the city council determines at the hearing
that the filed petition contains the requisite num-
ber of qualified signatures, and that the allega-
tions of the petition are true, the city council
shall do the following:
(1) Issue an authorizing ordinance establish-
ing the district.
(2) Issue a resolution providing for notice to be
given to contractors for the submission of
bids for the construction, upgrading or im-
provement authorized.
(3) Issue a resolution providing for notice of
the construction, upgrading or improvement
to be published once during the following
weeks in a newspaper of general circula-
tion in the city.
(4) Issue an ordinance providing for the issu-
ance and payment of bonds to finance such
construction, upgrading or improvement if
the city council. deems a bond issuance
necessary .
(b) If the city council shall find that the peti-
tion does not contain the requisite number of quali-
fied signatures, or if the city council shall find
that the allegations of the petition are untrue, or
if the city council shall find that any proposed
levy of assessment or bond issuance is excessive
in relation to the benefit conferred, it shall dis-
miss the petition.
(Code 1977, ~ 10-7)
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Sec. 10-8. Action of council final.
The finding of the city council on accepting or
dismissing a petition shall be final and conclusive
and no appeal shall lie from a determination to
accept or dismiss the petition; provided, however,
that nothing in this section shall be construed as
preventing the filing of subsequent petitions for
similar improvements or similar districts.
(Code 1977, ~ 10-8)
Sec. 10-9. Assessment of costs.
All costs of the construction, upgrading or im-
provement of the improvement involved, less that
portion thereof, if any, which is to be borne by the
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IMPROVEMENT DISTR1CTS
! 10.14
city itself, shall be assessed by ordinance upon all
the real property within the district, based upon
the benefit conferred by the improvement upon
each parcel of realty within the district. provided
however, that in adopting any method 'for assess:
ment, the city council shall not be limited to as-
ses~ing the real property on either a front-footage
baslS or on a square-footage basis, but may take
into consideration the special benefits accruing to
the realty within the district and may adopt any
method of assessment which bears a substantial
relationship to the benefit conferred.
(Code 1977, ~ 10-9)
Sec. 10-10. Notice and hearing upon assess-
ments.
At such time as the total costs of the construc-
tion, upgrading or improvement of the improve-
ment may have been reliably ascertained, there
shall be introduced before the city council a bill
for an ordinance levying assessment~ upon the
real property in the district. Prior to final pas-
sage thereof, the city council shall, by resolution
set a time and place for a public hearing thereon:
Notice of such hearing shall be published once
each week for three (3) consecutive weeks in a
newspaper of general circulation in the city and
the date of hearing shall not be less than thirty
(30), nor more than sixty (60) days, after the date
of the first publication of such notice.
(Code 1977, ~ 10.10)
Sec. 10-11. Levy of assessments.
(a) Subsequent to the public hearing and sub-
sequent to any amendments to the bill for an
ordinance, if any, which may result from the hear-
ing thereon, the city council shall pass an ordi-
nance levying assessments on the real property
in the district and providing for the collection and
enforcement of such assessments.
(b) The assessments, together with interest
thereon and penalties for default in payment thereof,
and all costs of collecting the same, shall consti-
tute a lien, until paid, on and against the prop-
erty assessed.
(Code 1977, S 10-11)
Sec. 10-12. Annuallevy.
(a) As long as the district shall remain in exis-
tence, the city council may, no later than Novem-
ber 1 of each flScal year of the city, determine for
the ensuing fiscal year the public improvements
to be maintained and may fix a rate of levy of
assessment which shall raise the amount required
by the district during the ensuing fiscal year to
meet the cost of so maintaining the public im-
provement constructed. upgraded or improved by
the district.
(b) The levy of assessment set forth in subsec-
tion (a) hereof shall not exceed the levy set forth
in the petition which initiated the creation of the
district, unless a subsequent petition signed by at
least fifty (50) percent of the then owners of
record of real property within the district request-
ing a higher assessment is filed. If such a petition
is filed, notice and hearing thereon will be held
pursuant to the terms of sections 10-5 and 10-6
hereof. Such petition shall be in substantial com-
pliance with the requirements set forth in sec-
tions 10-3 and 10-4 hereof.
(Code 1977, ~ 10-12)
Sec. 10-13. Change of boundaries of district.
(a) The boundaries of any district created pur-
suant to this chapter may be changed in the man-
ner set forth in subsection (b) hereof.
(b) The owners of property to be proposed to be
included in the district, or if more than one (1)
tract of property, more than fifty (50) percent of
the owners thereof, may file a petition with the
city clerk requesting that such property be in-
cluded in the district. The petition filed shall set
forth the legal description and street address of
all properties proposed to be included in the dis-
trict. Notice and hearing on the petition shall
issue as provided in sections 10-5 and 10-6. The
petition shall be in substantial compliance with
the requirements set forth in sections 10-3 and
10-4 hereof.
(Code 1977, ~ 10-13)
Sec. 1()'14. Incontestability provision in bonds.
Any ordinance issued pursuant to the provisions
of this chapter which authorizes the issuance of
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WHEAT RIDGE CITY CODE
special improvement bonds may provide that each
bond therein authorized shall recite that it is is-
sued under the authority of the city charter and
the procedure ordinance or ordinances adopted
pursuant to the city charter. Such recital shall
conclusively impart full compliance with all of
the provisions thereof, and all bonds issued con-
taining such recitals shall be incontestable for
any cause whatsoever after their delivery for value.
(Code 1977, ~ 10-14)
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