Chapter XIII, Section I - Formation of Districts
Sec. 13-1-1 Authority
Sec. 13-1-2 Petition
Sec. 13-1-3 Contents of petition
Sec. 13-1-4 Defects in petition
Sec. 13-1-5 Bond
Sec. 13-1-6 Hearing
Sec. 13-1-7 Notice
Sec. 13-1-8 Bond determination
Sec. 13-1-9 District established
Sec. 13-1-10 Appeal
Sec. 13-1-11 Ordinance filed
Sec. 13-1-12 Organization and powers
Sec. 13-1-13 Election required on indebtedness
Sec. 13-1-14 Requirements for ordinance
Sec. 13-1-1. Authority.
The Board of Trustees shall have the authority to establish improvement districts in the Town for the purpose of constructing or installing therein any public improvements, including parking and off-street parking facilities but excepting light or gas systems or plants.
Sec 13-1-2. Petition.
(a) The organization of a district must be initiated by petition which is to be filed with the Town Clerk. The petition must be signed by no less than a majority of the taxpaying electors owning real or personal property in the proposed district having as assessed value of not less than one-half (½) of the value of all real and personal property in said district. In addition to the required signature, there must be:
(1) Address of the residence of the signer.
(2) Address or property description of the property within the proposed district if it is different than the residence of the signer.
(3) Date of signing.
(b) After the filing of a petition, no petitioner shall be permitted to withdraw his or her name therefrom.
Sec. 13-1-3. Contents of petition.
The petition must contain:
(1) The name of the proposed district, which shall include the name of the Town, a descriptive name or number and the words "General Improvement District."
(2) A general description of the improvement to be constructed.
(3) The estimated cost of the proposed improvement.
(4) A general description of the boundaries of the district, with sufficient specificity that the property owners will be able to determine if they are located within the district.
(5) The names of three (3) taxpaying electors who will represent the petitioners and who will have the power to enter into agreements relating to the organization of the district.
(6) A prayer for the organization of the district.
Sec. 13-1-4. Defects in petition.
Defects in the petition will not be grounds for dismissal, and the Board of Trustees shall allow any petition that is filed to be amended to correct such defects. If similar or duplicate petitions are filed, they shall be regarded as one (1) petition.
Sec. 13-1-5. Bond.
At the time of filing the petition or at any time prior to the hearing on said petition, a bond shall be filed with security approved by the Board of Trustees or cash sufficient to pay all expenses connected with the proceedings. In that the bond is insufficient, an additional bond or cash may be required within a time to be fixed by the Board of Trustees, not less than ten (10) days distant. Upon failure of the petitioners to file or deposit the required bond or cash, the petition shall be dismissed.
Sec. 13-1-6. Hearing.
After the filing of the petition, the Board of Trustees shall fix a place and time, not less than twenty (20) days nor more than forty (40) days after the petition is filed, for a hearing thereon.
Sec. 13-1-7. Notice.
The Town Clerk shall publish notice of the pendency of the petition, of the purposes and boundaries of the proposed district and of the time and place of the hearing thereon.
(1) Publication shall be once a week in three (3) consecutive weekly editions of a newspaper of general circulation within the proposed district.
(2) The Town Clerk shall also mail a copy of the notice to each taxpaying elector in the district at his or her last known address, as disclosed by the tax records of the County.
(3) The notice of hearing on the petition must set forth the fact that all property in the district is subject to the lien of the indebtedness and must set forth the amount of the proposed indebtedness.
Sec. 13-1-8. Board determinations.
The Board of Trustees shall make a determination as to the number of taxpaying electors and the assessed valuation of the property in the district. The Board of Trustees shall dismiss the petition and assess the costs against the petitions if it is found:
(1) The petition is not signed by at least a majority of the taxpaying electors owning property within the district having an assessed value of not less than one-half (½) of the assessed value of all the real and personal property in the district.
(2) The proposed improvement will not confer a general benefit on the district.
(3) The cost of the improvement would be excessive as compared with the value of the property in the district.
Sec. 13-1-9. District established.
If it appears to the Board of Trustees that the petition for the organization of the district has been duly signed and presented in conformity with this Section and the statutes of the State, and that the allegations of the petition are true, the Board of Trustees, by ordinance, shall declare the district organized and give it the corporate name specified in the petition.
Sec. 13-1-10. Appeal.
The finding of the Board of Trustees on the question of the genuiness of the signatures and all matters of fact incident to such determination shall be final and conclusive on all parties in interest. No appeal, writ or error shall lie from an order dismissing said petition.
Sec. 13-1-11. Ordinance filed.
Within thirty (30) days after the district has been declared duly organized, the Town Clerk shall file with the County Clerk and Recorder a copy of the ordinance establishing the district.
Sec. 13-1-12. Organization and powers.
The organization and the powers and authority shall be in accordance with the provisions of Article 25, Title 31, C.R.S., 1974.
Sec. 13-1-13. Election required on indebtedness.
Whenever the board of directors of any district formed in accordance with this Section and the statutes shall determine by ordinance that the interest of the district and the public interest and necessity demand the acquisition, construction, installation or completion of any improvements to carry out the purpose of the district requires the creation of an indebtedness of five thousand ($5,000.00) dollars or more, the proposition for the issuance of such obligations, bonds or other indebtedness must be submitted to the taxpaying electors of the district at an election held for that purpose.
Sec. 13-1-14. Requirements for ordinance.
The ordinance creating the indebtedness must contain:
(1) The declaration of public interest and necessity.
(2) Provisions for the holding of such election.
(3) The objects and purposes for which the indebtedness is proposed to be incurred.
(4) The estimated cost of the works or improvements.
(5) The amount of principal of the indebtedness to be incurred.
(6) The maximum rate of interest to be paid on such indebtedness.
(7) The date upon which the election shall be held and the manner for holding the election.
(8) The method for voting for or against the incurring of the proposed indebtedness.
(9) The compensation to be paid the officers of the election.
(10) Designate the polling places and the officers for each, consisting of three (3) judges, one (1) of whom shall act as clerk for each polling place.
