Chapter 14 LOCAL PUBLIC IMPROVEMENT*

*Charter reference(s)--Local improvement bonds, art. V, § 23.

Cross reference(s)--City engineer, § 2-111; city attorney to institute special assessments proceedings and condemnation proceedings, § 2-195; boards, commissions and committees, Ch. 5; design review board, § 5-76 et seq.; planning commission, § 5-151 et seq.; water commission, § 5-191; buildings and building regulations, Ch. 6; flood protection and prevention, Ch. 9; streets, sidewalks and other public places, Ch. 21; removal of snow and ice, § 21-36 et seq.; utilities, Ch. 25.

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Div. 1. Generally, §§ 14-16--14-35

Div. 2. Initiation of Project, §§ 14-36--14-50

Div. 3. Procedure for Establishing Districts and Assessments, §§ 14-51--14-70

Div. 4. Improvements, §§ 14-71--14-95

Div. 5. Bonds, §§ 14-96--14-120

Div. 6. Statement of Costs and Assessments, §§ 14-121--14-159

Div. 1. Generally, §§ 14-160--14-177

Div. 2. Development Standards for Public Improvements, §§ 14-178--14-234

Div. 3. Construction Standards for Public Improvements, §§ 14-235--14-241

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*State law reference(s)--Public improvement districts, C.R.S. § 31-25-501 et seq.

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DIVISION 1. GENERALLY

(Code 1962, § 9-10-1)

(Code 1962, § 9-10-2)

When the state, any agency, instrumentality or corporation thereof, or any city, county, school district or any other public or quasi-public corporation, except the United States of America or any agency, instrumentality or corporation thereof, shall own any land or hold the title to any land not used as a street or other public right-of-way, which if owned by a private person would be liable to assessment for benefits to pay for any public improvement mentioned in this article, an assessment shall be made against such land as though such land were the property of a private person, and the state, its agency, instrumentality or corporation, or the city, county, school district or other public or quasi-public corporation shall pay the amount of that assessment. If the assessment is not paid within thirty (30) days after the final publication of the assessing ordinance, suit may be brought in the district court to enforce the collection of such assessment and the judgment rendered against such city, county, school district or other public or quasi-public corporation shall be enforced as other judgments thereagainst, but no such land owned thereby shall be sold under any such judgment.

(Code 1962, § 9-10-60)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Real estate means all lands whether platted or unplatted, regardless of lot or land lines. Lots, plots, blocks and other subdivisions may be designated in accordance with any recorded plat thereof and unplatted lands by any definite description.

Street shall include avenues, boulevards, alleys and other highways.

(Code 1962, § 9-10-61)

(Code 1962, § 9-10-62)

All actions legal or equitable for relief against any proceedings had under this article whether based upon irregularities or jurisdictional defects, shall be commenced within thirty (30) days after the wrongful act complained of, or else be thereafter perpetually barred.

(Code 1962, § 9-10-63)

Whenever any paving district or local improvement providing for paving is ordered under the provisions of this article, the city manager, if he deems it advisable, may order the owners of the abutting real estate to connect their several premises with the water and gas mains or with any other utility in the street in front of their several premises and upon default of the owners for twenty (20) days after such order to make such connections the city may contract for and make the connections or do the work by day labor in the manner and in accordance with the specifications prescribed for such work. The whole cost of each connection shall be assessed against the premises with which the connections are made in accordance with the provisions of this article for the acquisition of improvements, creating local improvement districts and defraying the cost there of, for such paving or local improvement district.

(Code 1962, § 9-10-64)

The officers of the city are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this article.

(Code 1962, § 9-10-65)

The provisions of this article shall not apply to any local improvement district created prior to May 26, 1959, and to the collection of any assessment or installment of assessments therein. Pursuant to article XX, section 6(g) of the state constitution, and notwithstanding any other provisions of this chapter, the council, in the case of any local improvement district created after May 26, 1959, or to be hereafter created, may elect, prior to issuance to the purchaser of the bonds for such district, to permit the collection by the county treasurer and the enforcement of assessments, which are not paid during the thirty-day period designated in section 14-21 of this article, in the manner provided by the general laws of the state.

(Code 1962, § 9-10-59)

DIVISION 2. INITIATION OF PROJECT

A public work or improvement, the costs of which, in whole or in part, is to be assessed by the city, may be initiated on petition of property owners, as follows. The owner of lands to be assessed for not less than ninety (90) percent of the entire cost of any public work or improvement, including all incidental expenses, constituting at least a majority in frontage, in area, or in whatever other property constituting the basis for the computation of assessments is therein provided, as the case may be, of the real estate so to be assessed, may be a written petition to initiate the acquisition of any improvement which the city council is authorized to initiate, subject to the following limitations:

Upon the filing of such a petition, the council shall proceed in the same manner as is provided for by this article, where proceedings are initiated by the council, except as otherwise provided in this article.

(Code 1962, § 9-10-3)

DIVISION 3. PROCEDURE FOR ESTABLISHING DISTRICTS AND ASSESSMENTS

(Code 1962, § 9-10-4)

After the adoption of the resolution adopting preliminary plans for a public improvement, the city clerk shall by publication for once a week for two (2) consecutive weeks by two (2) weekly insertions, the first publication to be not more than thirty (30) nor less than fifteen (15) days prior to the hearing prescribed in this article, in a newspaper of general circulation in the city, and shall by mailing notice, postage prepaid, as first class mail, not more than thirty (30) nor less than fifteen (15) days prior to such hearing, to the last known address of each last known owner of land within the proposed district whose property will be assessed for the cost of the improvements, such addresses and owners being those appearing on the real property assessment rolls for general (ad valorem) taxes of the county wherein such property is located, give notice to the owners of real estate in the local improvement district and to all persons interested, generally, and without naming such owners or persons, of:

(Code 1962, § 9-10-5)

(Code 1962, § 9-10-6)

(Code 1962, § 9-10-7)

(Code 1962, § 9-10-8)

DIVISION 4. IMPROVEMENTS

In all cases of paving, any specifications and contracts may provide that bidders shall guarantee that the paving shall remain in good order and repair for a period of five (5) years from and after the date of its acceptance by the city council, or for such lesser period as may be determined by the council, and to make all necessary repairs during such period without further compensation; provided, that in case of macadamizing, after two (2) years the guarantee, if any, shall extend only to the maintaining of a perfect grade, surface and foundation and not to any diminution of the thickness of the original pavement by wear and tear; in case of concrete curb, gutter or sidewalk, the specifications and contracts may provide for a guarantee not in excess of two (2) years; and the council may provide for a guarantee for a reasonable time, not to exceed two (2) years of all other work.

(Code 1962, § 9-10-9)

The city council, except as specifically limited, may in the letting of contracts, impose such conditions upon bidders with regard to bonds and securities, and such guarantees of good and faithful performance and completion of the work and keeping the same in repair, and providing for any further matter or thing in connection therewith, as may be considered by the council advantageous to the city and to all interested.

(Code 1962, § 9-10-10)

If at the time of the passage of the ordinance authorizing any improvements for any district, any piece of real estate or any railway company to be assessed in the district has the whole or any part of the proposed improvements, conforming to the general plan, the same may be adopted in whole or in part, or may be changed to conform to the general plan, if deemed practical, and the owner of such real estate shall, when the assessment is made, be credited with the amount which is saved by reason of adapting or adopting such existing improvements.

(Code 1962, § 9-10-11)

The finding of the city council by ordinance that any improvement provided for in this article was duly ordered after notice duly given, or that a petition or remonstrance was or was not filed, or was or was not duly subscribed by the required number of owners shall be conclusive in every court or other tribunal. Within fifteen (15) days immediately succeeding the publication of such ordinance upon its final passage, any person who has filed a written remonstrance, as provided in this article, shall have the right to commence an action or suit in any court of competent jurisdiction to correct or set aside the determination of the council to the contrary. Any person concerned who objects to the regularity, validity and correctness of proceedings and instruments taken, adopted or made at or subsequent to such hearing and prior to the final passage of the ordinance shall also have the right so to commence such an action or suit to cure or set aside such purported irregularity, invalidity or incorrectness. Nothing in this section shall be construed as not requiring any person to make any objection by written remonstrance at such hearing in order not to waive such objection, if the purported irregularity, invalidity or incorrectness of any matter first occurred prior to the first publication of the notice of the hearing. After the expiration of such fifteen (15) days all action or suits not so commenced attacking the regularity, validity and correctness of that ordinance and of all proceedings, determinations and instruments taken, adopted or made prior to such ordinance's final passage, shall be perpetually barred.

(Code 1962, § 9-10-12)

Whenever any improvement authorized to be made by the city pursuant to this article is so ordered, the city council shall determine that all or any part of the total cost thereof, including but not limited to the cost of improving the intersections of streets and alleys but excepting the share to be assessed against any street or other railway company, shall be assessed against the tracts or parcels of land specially benefited thereby and including within the district or within the assessment unit if the district is divided into such units, except any tract or parcel owned by the United States, or any agency, instrumentality or corporation thereof and except any streets or other public right-of-way. Such special assessments shall be in proportion to the special benefits derived to such property and on a front foot, area, zone, or other equitable basis, as may be determined by the council, sufficient to cover the portion of the total cost of the improvement to be defrayed by special assessments. Regardless of the basis so determined, in cases of wedge or V in any irregular shaped lots or tracts, the amount apportioned thereto shall be in proportion to the special benefits thereby derived.

(Code 1962, § 9-10-13)

Whenever any grading or paving district shall be created under this article, the city council shall include in the area to be paved or graded the entire width of street for curb to curb, or in the absence of curbs to street lines determined by the council, including the portion of such street occupied by, or required by franchise obligation to be paved or chargeable or assessable to any street or other railway company whose tracks run through or across any street in such district, and shall charge to, assess and collect the proper proportion as provided in this division, of the cost of such improvement from such street or railway company, in the same manner as is provided for in this division in case of other property specially benefited thereon, and shall issue bonds for the same, which bonds shall be issued and made payable in like manner as bonds issued for the improvement to be assessed against the real estate especially benefited. And in the meaning of this section, a street or railway company shall be held to occupy and shall be liable for the grading and paving of that part of the street lying between the rails of each tract and two (2) feet outside of each rail; and every railway company, whether street railway or otherwise, shall be assessed for the cost of the paving and grading of any part of any street or alley occupied by or required by franchise obligation to be paid by it, and the assessment levied for the cost of such improvement chargeable to a railway company shall be a first and prior lien against the entire franchise and property of the company within such district, and also without the district, but within the city limits, excepting any lien thereon to secure the payment of general taxes; and all the terms, conditions and provisions in this article contained relative to the collection of the amounts chargeable against tracts or parcels of land assessed shall be applicable in the enforcement and collection of such assessment against such railway company, and the property of such railway shall be sold by the city as in cases of default in payment of general taxes levied thereon; but railway trackage shall not be considered or computed as assessable frontage, in determining the sufficiency of petitions or remonstrance as provided in this division.

(Code 1962, § 9-10-14)

The cost of improvements in street intersections may be segregated and such cost, except the share assessable to street or other railway companies, may be assessed upon all frontage of the street improved and on intersecting street within a distance of one-half block in each direction from such intersections, in proportion to the frontage of each lot or tract on the street improved or on an intersecting street, or on both within such distance. The cost of the improvement of an alley intersection may be assessed upon the real estate in the same block extending to the nearest street intersection and one-half the length of the block along its sides; provided, that where the sides of blocks are of unequal length, the city council may determine the limit of assessment. The cost of improving street and alley intersections may be treated as one (1) of the costs of any improvement without separately segregating such intersection cost. In such case the total cost of any improvement shall be assessed as provided in this division upon the basis determined without any separate assessment for intersection costs.

(Code 1962, § 9-10-15)

(Code 1962, § 9-10-16)

(Code 1962, § 9-10-17)

The city council may, at the time of ordering the construction of district sewers, or at any time thereafter, order the construction of subdistrict laterals in any such subdistrict so as to connect the same with the submains or with the district main sewer, the same to be approved by ordinance as in the case of district sewers.

(Code 1962, § 9-10-18)

(Code 1962, §§ 9-10-19, 9-10-22, 9-10-23)

(Code 1962, § 9-10-20)

The city may extend and maintain any existing public sewer or any district sewer main wherever constructed, from its outlet to any point within or without the city. Such sewer extensions shall be established and constructed at such times, in locations within or without the city, of such extent, dimensions, materials, and in accordance with such full details and specifications as may be prescribed by the city council. Necessary lands and rights-of-way may, upon the order of the council, be purchased or condemned on behalf of the city, and the whole cost of such sewer rights-of-way may be paid by the city.

(Code 1962, § 9-10-21)

DIVISION 5. BONDS

All local improvements may be paid for in public improvement bonds of the city. Any bonds issued pursuant hereto may be sold in such manner as may be approved by the city council for the payment of the contractor, for defraying the reasonable costs for labor, supplies and materials acquired by the city or supplied under agreement with the United States, the state, or any federal or state agency, instrumentality or corporation, or other political subdivision, and for all proper incidental expenses; or such bonds may be delivered to the contractor in payment for the amounts due such contractor. If sold, bonds shall not be sold at a price resulting in a net interest cost computed to maturity of more than eight (8) percent per annum. If delivered to the contractor, the bonds shall be accepted for the principal amount thereof, plus interest due thereon to the date of their delivery, in payment of the amounts due under the contract, and the contractor may be required to accept delivery of all or any part of the remainder of the authorized issue of bonds and to pay therefor the principal amount thereof and accrued interest to the date of delivery, so that money will be available to the council to be expended in the payment of the incidental expenses for the payment of which the bonds were in part authorized. Delivery of such bonds to contractors shall always be on such terms that the consideration for the bonds, represented by amounts due contractors and money as aforesaid, shall be such as to result in a net interest cost on the bonds of not more than eight (8) percent per annum computed to maturity according to standard tables of bond values. No bond interest rate shall at any time exceed the interest rate, or lower or lowest rate if more than one, borne by the special assessments, but any bond interest rate may be the same as or less than any assessment interest rate, subject to the aforesaid limitation, as the council may determine. In advertising for construction bids as provided in section 14-55, the council may stipulate that the contractor must accept bonds in payment of the contract price as provided in this section.

(Code 1962, § 9-10-24)

All local improvement bonds shall be of such form and of such date as may be prescribed by the city council, shall be issued in the name of the city and bear the name of the district to be improved, shall be payable to the bearer at a designated time in a sufficient period of years to cover the period of construction and payments provided for, but subject to call as provided in this division, in convenient denominations. All such bonds shall be issued by the finance director/treasurer upon estimates of the city engineer and order of the city manager, approved by the council; and the finance director/treasurer shall preserve a record of the same in a suitable book kept for the purpose. The bonds shall be subscribed by the manager, attested by the clerk with the seal of the city affixed thereto, and countersigned by the finance director/treasurer. The bonds, both principal and interest, shall be payable only out of monies collected on account of the assessments for the improvements in any district, except as provided in this division. Such assessments shall be applied to the payment of the bonds issued for the same district only, until the payment of all such bonds. The payment of such bonds shall be additionally secured by a pledge of and made from the special surplus and deficiency fund, and whenever four-fifths of the bonds of any public improvement district have been paid and cancelled, and for any reason the remaining assessments are not paid in time to take up the final bonds of the district and there is not sufficient money in such special surplus and deficiency fund, then the city shall pay such bonds when due and reimburse itself by collecting the unpaid assessments due the district. The payment of any bonds, both as to principal and interest, may also be additionally secured as otherwise provided. Sufficient of such bonds or the proceeds therefrom may be used to pay for engineering and clerical service and supplies, inspection, collecting assessments, advertising, printing, accrued interest on outstanding bonds, fiscal services, legal services, and other incidentals.

(Code 1962, § 9-10-25)

Bonds issued pursuant to this division shall not be a debt of the city, and the city shall not be liable thereon, nor shall it thereby pledge its full faith and credit for their payments, nor shall the bonds be payable out of any funds other than the special assessments and other monies pledged to the payment thereof, as authorized in this division. Each bond issued under this division shall recite in substance that such bond and the interest thereon are payable solely from the special assessments or other monies pledged to the payment thereof. The payment of bonds shall not be secured by an encumbrance, mortgage or other pledge of property of the city except for such special assessments and other monies pledged for the payment of bonds. No property of the city, subject to such exceptions, shall be liable to be forfeited or taken in payment of the bonds.

(Code 1962, § 9-10-26)

Bonds issued in this division shall not be invalid for any irregularity or defect in the proceedings for their issuance, sale or delivery, and shall be incontestable in the hands of bona fide purchasers or holders for value.

(Code 1962, § 9-10-27)

Except as otherwise provided in this division, any special assessment bonds authorized to be issued shall bear such date, shall mature in such denomination at such time or term, or serially at such times, not exceeding the estimated life of the improvements acquired with the bond proceeds and if not more than twenty (20) years from their date, shall bear interest payable annually, or at such lesser interval as may be prescribed by ordinance, at such rate not greater than eight (8) percent per annum, shall be payable in such medium of payment at such place within or without the state, and at the option of the city council may be in one (1) or more series, may be made subject to prior redemption in advance of maturity at such time without or with the payment of such premium not exceeding five (5) percent of the principal amount of each bond so redeemed (except as provided in section 14-103), may provide for the payment of interest thereon from the proceeds thereof for a period not to exceed three (3) years from the date thereof, may be issued with privileges for registration for payment as to principal or interest, or both, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the council in the ordinance authorizing the bonds, except as otherwise provided in this division. Except for payment provisions specifically provided in this division, such bonds and any interest coupons thereto attached shall be fully negotiable within the meaning of and for all the purposes of the negotiable instruments of law.

(Code 1962, § 9-10-28

Except for bonds which are registerable for payment of interest, interest coupons shall be payable to the bearer. Interest coupons shall be attached to the bonds and shall bear the original or facsimile signature of the officers signing the bonds. The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the city, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.

(Code 1962, § 9-10-29)

All monies received from the issuance of any bonds authorized in this division shall be used solely for the purpose for which issued, including, without limiting the generality of the foregoing, if so authorized the payment of preliminary expenses incurred in connection with such purpose, the payment of interest on such bonds for a period not to exceed three (3) years from the date thereof, and all other incidental expenses; provided, however, that any unexpended balance of such bond proceeds remaining after the completion of the acquisition or improvement of the project or service for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of such bonds and shall be used therefor. The validity of such bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project or service for which the bonds are issued. The purchaser of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the city or any of its officers, agents and employees.

(Code 1962, § 9-10-30)

Whenever considered advisable by the finance director/treasurer he may, and whenever funds may be in his hands to the credit of any local improvement district exceeding the amount of interest on the unpaid principal accruing on the next principal payment date and if maturing serially the principal accruing on the next principal payment date, he shall by publication at least once not less than fifteen (15) days prior to the redemption date, in some newspaper of general circulation in the city, call in a suitable number of bonds of such district for payment, for the principal amount thereof and accrued interest to the redemption date. After the redemption date so designated interest on the bonds so called shall cease. Nothing in this section shall be construed as preventing the city from providing that such bonds shall be redeemed only on interest payment dates. The notice shall specify the bonds so called by number and all such bonds shall be paid in the order designated in the authorizing ordinance. The holder of any bonds may at any time furnish his post office address to the finance director/treasurer and in such case a copy of such advertisement shall be mailed by the finance director/treasurer to the holder of the bonds called, at such address, within three (3) days of the date of such publication.

(Code 1962, § 9-10-31)

When all outstanding bonds have been paid in a public improvement district and any money remains to the credit of such district, it shall be transferred to the special surplus and deficiency fund. Whenever there is a deficiency in any improvement district to meet payment of outstanding bonds, it shall be paid out of such fund.

(Code 1962, § 9-10-32)

(Code 1962, § 9-10-33)

The city may provide for the payment of all necessary preliminary expenses actually incurred in the making of surveys, estimates of costs and revenues, the employment of engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the making of notices, taking of options, and all other expenses necessary or desirable to be made and paid prior to the authorization for or the issuance of such bonds; provided, no such expenditures shall be made or paid unless an appropriation has been budgeted and made therefor in the same manner as is required by law, or unless other monies are available to defray such expenses. Any funds so expended by the city for preliminary expense incurred in connection with the same purpose as that for which bonds are issued may be fully reimbursed and repaid to the city out of the proceeds derived from the issuance of such bonds, in which case such expenses shall be included as an incidental cost for assessment purposes. The amount so advanced by the city to pay such preliminary expenses may by an ordinance authorizing the issuance of such bonds be made a first charge against such bonds proceeds until the same has been repaid as provided for in this division, and in such event the amount shall be paid therewith before any other disbursements are made therefrom.

(Code 1962, § 9-10-34)

Any bonds issued under this division may be refunded pursuant to an ordinance to be adopted by the city council in the manner provided in this division for the issuance of other bonds, refunding bonds so issued may be secured in such manner and may be made payable from such sources as was provided in the ordinance authorizing their issuance; provided, however, that the security for the payment of the refunding bonds shall not be greater than the security for the payment of the bonds refunded, nor shall there be pledged for the payment of the refunding bonds revenues which are not pledged for the payment of the bonds refunded. Refunding bonds so issued may be sold at public or private sales or may be exchanged dollar for dollar for the bonds to be refunded. If sold, the proceeds of sale may be escrowed for the payment of the bonds to be refunded in such manner as may be provided in the ordinance authorizing the refunding bonds. No bonds may be refunded hereunder unless they either mature or are callable for redemption under their terms within twelve (12) months from the date of issuance of the refunding bonds, or unless the holders thereof voluntarily surrender them for exchange or payment.

(Code 1962, § 9-10-35)

DIVISION 6. STATEMENT OF COSTS AND ASSESSMENTS

(Code 1962, § 9-10-36)

(Code 1962, § 9-10-37)

(Code 1962, § 9-10-38)

The finance director/treasurer shall from the assessing ordinance complete and extend the assessment roll, showing in suitable columns after each piece of real estate and railway company assessed and after the total amount of the assessment for each piece of real estate and railway company, the amounts of each installment of principal and interest, if in pursuance of this division the same is payable in installments, and the date when such installments will become due, with suitable columns for use in case of payment of the whole amount, or of any installment or penalty.

(Code 1962, § 9-10-39)

All assessments made in pursuance of this division shall be due and payable without demand within thirty (30) days after its publication upon its final passage. All such assessments may at the election of the owner be paid in installments with interest as provided in this division, whenever the city council so authorizes the payment of assessments. Failure to pay the whole assessment within such period of thirty (30) days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid. All persons so electing to pay in installments shall be conclusively considered and held as consenting to the improvements, and such election shall be conclusively considered and held as a waiver of any and all rights to question the power or jurisdiction of the city to construct or otherwise acquire the improvements, the quality of the work, the regularity or sufficiency of the proceedings or the validity or correctness of the assessment. The owner of any piece of real estate may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. Subject to the foregoing provisions all installments both of principal and interest shall be payable at such times as may be determined in and by the assessing ordinance.

(Code 1962, § 9-10-40)

Failure to pay any installment, whether principal or interest, when due shall ipso facto cause the whole amount of the unpaid principal to become due and payable immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one (1) percent per month or fraction of a month until the day of sale (not exceeding, however, at any time a total interest amount due of thirty (30) percent of the principal amount of the assessment), until the time of the issuance of a delinquency certificate, plus two (2) percent additional on unpaid principal and accrued interest as penalties, plus costs of collection. At any time prior to the day of sale, the owner may pay the amount of delinquent installments with accrued interest at one (1) percent per month, or fraction of a month as aforesaid, and all penalties and costs of collection accrued and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been made.

(Code 1962, § 9-10-41)

In case of election to pay in installments, the assessment shall be payable in not less than two (2) nor more than fifteen (15) substantially equal annual installments, or not less than four (4) nor more than thirty (30) substantially equal semi-annual installments, of principal; with interest in all cases on the unpaid principal payable annually or semiannually at a rate not exceeding eight (8) percent per annum, but not less than the highest interest rate borne by the bonds of the local improvement district; as the number of installments, assessments, the period of payment and the rate of interest may be determined by the city council. Nothing contained in this section shall be construed as limiting the discretion of the council in determining the time the first installment of principal or interest, or both, shall become due.

(Code 1962, § 9-10-42)

Payments may be made to the finance director at any time within thirty (30) days after the final publication of the assessing ordinance, without penalty or the payment of interest. The finance director shall give notice by publication in at least one (1) newspaper of general circulation in the city, at least once a week for two (2) consecutive weeks by two (2) weekly insertions, the first publication to be at least twenty (20) days before the end of such thirty-day period, of the place of payment and the time for it to close.

(Code 1962, § 9-10-43)

As soon as any assessment or installment thereof of any local improvement district shall become delinquent, the finance director shall make the same delinquent on the assessment roll, and in addition to the amount of unpaid principal shown on the assessment roll and accrued interest thereon to the date of delinquency, shall note on the roll the accrual of interest at the penalty rate provided in this division plus the two (2) percent penalty and costs of collection. Within ten (10) days thereafter the finance director shall prepare and issue to the city a delinquency certificate to the property included in each delinquent assessment, which certificate shall have the force and effect of a sale of such property to the city for the amount thereof. The certificate shall bear date as of the time such assessment or installment became delinquent and shall be for the amount of unpaid principal, accrued interest to the date of delinquency, plus accrued interest thereafter on such principal and accrued interest at the penalty rate designated in this division, plus the penalty charged thereon and collection costs. Such certificate shall contain, besides the description of the property sold, the name of the person assessed, if known, or if unknown, that fact, the amount of the unpaid principal of the assessment and the accrued interest to the date of delinquency, plus the rate of penalty interest and the penalty thereon; the number of the assessment and name of the improvement district in which assessed, and the date when such certificate will go to deed. Such certificates shall be made in duplicate, bound together in books in numerical order and filed in the office of the finance director.

(Code 1962, § 9-10-44)

(Code 1962, § 9-10-45)

ASSIGNMENT BY CITY FINANCE

DIRECTOR

Finance Director

City of Durango, Colorado

________, 19________.

....

(acknowledgment)

(Code 1962, § 9-10-46)

At any time within two (2) years from the date of any delinquency certificate the owner of the property described therein, or anyone on his behalf, may redeem such property by paying to the finance director/treasurer the amount stated in such certificate, the unpaid principal and accrued interest to the date of delinquency, together with interest thereon thereafter at the rate of one (1) percent per month or fraction thereof from the date thereof to the last day of the month in which such redemption is made, not exceeding, however, at any time a total interest amount due of thirty (30) percent of the principal amount of the assessment, plus the two (2) percent penalty and any costs of collection. Thereupon the finance director/treasurer shall issue to the redemptioner a certificate of redemption which shall state the name of the redemptioner, the date of redemption, the number of the certificate so redeemed and the description of the property contained therein, and the name of the district for which the certificate was issued. In case such certificate has not been assigned, the finance director/treasurer shall note upon the original and duplicate delinquency certificate and if assigned upon the duplicate certificate, the fact that the same has been redeemed and the date of redemption, and shall note the redemption upon the "Local Improvement Delinquency Certificate Register." The money received from the redemption of any property described in a certificate which has been assigned shall be deposited by the finance director to the credit of the person named in the last assignment of such certificate. The finance director/treasurer shall thereupon give notice to such person at the address shown by the record, of such deposit, and such person shall thereafter be paid the same by the finance director upon surrender of such certificate to the finance director, who shall mark the same "Paid" and hold it as a voucher.

(Code 1962, § 9-10-47)

If the property described in any delinquency certificate is not redeemed within two (2) years from the date thereof, the finance director/treasurer after having given the notice required in this division, shall issue a deed thereto to the city, or if the same has been assigned as hereinbefore provided, then to the person holding the original delinquency certificate under assignment, upon request therefor, and upon the delivery to the finance director/treasurer of such original certificate and filing proof of having given the notice as required to be given by the finance director/treasurer before making a deed to the city. Such deed shall recite substantially the matter contained in the certificate and that no person redeemed the property within the time allowed by law for its redemption. It shall be signed and acknowledged by the finance director in the manner required by law to entitle the same to be recorded under the laws of this state.

(Code 1962, § 9-10-48)

The finance director/treasurer shall, at least one (1) month and not more than three (3) months before the expiration of the time of redemption of any property, serve, or cause to be served, a written or printed, or partly written and partly printed, notice on the person in the actual possession or occupancy of such land or lots, and shall also, within the same time serve upon, or mail, postage prepaid, by first class mail, to the person in whose name the same stands upon the real property assessment rolls for general (ad valorem) taxes of the county wherein such property is located, at the address therein stated, a copy of such notice; which notice shall state when the delinquency certificate was made, in whose name the property was assessed, the description of the land or lots, the name of the local improvement district for which assessed, and the amount of the unpaid principal and accrued interest to the date of delinquency, plus the rate of interest thereafter, the maximum amount of unpaid interest, the two (2) percent penalty and any costs of collection, and when the time of redemption will expire. The finance director/treasurer shall at the same time send a similar notice by mail to each mortgagee or other holder of a recorded lien against such land, in each case where such mortgagee or lien holder has previously filed in the office of the treasurer a written request for such notice and paid the fee therefor, which request shall include the name and address of the mortgagee, the name of the reputed owner of the land, a description of the land and the date of the expiration of the mortgage or lien. No notice need be sent after the date of expiration, unless a further request therefor be duly filed. If the mortgagee or lienholder shall furnish a duplicate form of request for the purpose the finance director shall certify thereon to the filing of the request and deliver the same to the party filing it. If there is no person in the actual possession or occupancy of such land or lot and if the person in whose name it stands, upon diligent inquiry can not be found in the state, then the treasurer shall, within the same time, post or have posted, in a conspicuous place upon such land or lots and in a substantial manner, a copy of the notice.

(Code 1962, § 9-10-49)

The finance director shall, before issuing any deed to the city, make and file his affidavit showing a full compliance with the requirements of section 14-134 as to giving notice of the expiration of the period of redemption; and before issuing a deed to the holder of any delinquency certificate, the finance director shall require that affidavits be filed showing a complete compliance with the provisions of the previous section as to giving such notice. Such proof shall be filed in the office of the finance director and remain a permanent record in such office. Any person making a false affidavit as to any fact required in this division shall be guilty of perjury.

(Code 1962, § 9-10-50)

The matters recited in the delinquency certificate must be recited in the deed and such deed duly acknowledged or proved shall be prima facie evidence:

(Code 1962, § 9-10-51)

The finance director shall receive the following fees which, when paid, shall be credited to the general fund of the city:

In all cases where the property is deeded to the city, the fees shall be charged to the amount for which the deed is taken and upon the sale of the property, or the sale of the delinquency certificate, shall be paid.

(Code 1962, § 9-10-52)

Whenever the necessary costs and attorney's fees have been advanced by the holders of the bonds of the district or any prospective purchaser or other person, it shall be the duty of the city council to cause the city attorney to commence suit to quit title to the property described in such deed in the name of the city and to secure the possession of the property; provided, that the property described in any number of tax deeds so made to the city and against any number of owners of property may be included in the same suit.

(Code 1962, § 9-10-53)

At any time after acquiring title and possession of any property as provided for in this division, the city may sell such property to any purchaser upon receiving therefor a sum not less than the amount for which the property was sold to the city. The purchaser shall take such property subject to any unpaid general taxes and assessments. When such purchase is made and the money paid therefor, the city shall issue a deed to the purchaser signed by the president of the city council attested by the city clerk, and countersigned by the finance director, which deed shall be executed and acknowledged in the manner required by law to entitle the same to be recorded under the laws of this state.

(Code 1962, § 9-10-54)

Within thirty (30) days after the maturity of the last installment of any issue of bonds of a local improvement district, if any such bonds or interest coupons shall remain unpaid, any property remaining unsold, to which the city has taken title by reason of assessments of such improvement district, shall be appraised and immediately after such appraisement such property shall be offered for sale by giving notice of the time and place of sale thereof by publication of such notice in a newspaper of general circulation in the city, at least once a week for three (3) consecutive weeks by at least three (3) weekly insertions therein, the date of sale to be not less than twenty-five (25) days from the date of the first publication of such notice. At the time and place designated in the notice the finance director shall offer such property for sale to the highest bidder, but no sale shall be made for less than the appraised value. If no bid be received for a sum equal to or greater than the appraised value then the sale may be postponed for not to exceed thirty (30) days, and shall be readvertised, and at the time to which such sale was postponed shall again be offered for sale and sold to the highest bidder. Upon the sale of any property and the payment therefor a deed shall be executed to the purchaser in the same manner as provided for the execution of deeds in section 14-139.

(Code 1962, § 9-10-55)

All money received by the finance director/treasurer on account of the payment of assessments or installments thereof, the assignment or redemption of delinquency certificates, or for rents, issues and profits, or from the sale of property, title to which is held by the city for the benefit of any local improvement district, less any expenses of securing possession of such property, or for the care and operation and sale of the same, shall be deposited to the credit of the interest and bond fund of the local improvement district, in the same proportion as the assessment or installments for which the property was taken. Any money left in a local improvement district bond fund or any money derived from the rental or sale of any property acquired by the city through sale for delinquent assessments or installments shall, after all warrants, bonds and coupons of such district, have been paid in full, be credited to the special surplus and deficiency fund of the city.

(Code 1962, § 9-10-56)

The city may use any available funds for the satisfaction of any lien prior in right to any special assessment lien created by the city. In the resale of any property to which the city has so acquired title, the city shall use its best efforts to sell the property for an amount at least equal to the funds so used plus the amount necessary to satisfy the special assessment lien or liens created by the city, principal, interest, penalties and collection costs. The monies received from such a resale in payment for the property shall be used firstly to satisfy such special assessment lien or liens and thereafter to restore to the funds from which any such prior liens were satisfied the monies used therefor. In accordance with the provisions of this division, the city is authorized to acquire and dispose of property on which there are delinquent taxes or special assessments, or both.

(Code 1962, § 9-10-57)

No certificate of delinquency as provided for in this division shall be assigned or any property to which the city has taken a deed sold, on account of any assessment or installment thereof, during the pendency of any proceedings in court affecting the validity of such assessment.

(Code 1962, § 9-10-58)

DIVISION 1. GENERALLY

The provisions of this article shall be enforced and administered by the public works department of the city under the direction and supervision of the director of public works/city engineer.

(Code 1962, § 12-1-1)

Cross reference(s)--Utilities, Ch. 25.

All construction of public improvements within the city shall be completed in accordance with the Standard Specifications for Construction of Waterlines, Sanitary Sewers and Storm Drainage Facilities (May, 1984); Standard Specifications for Construction of Streets and Roads (May, 1984); or Standard Specifications for Construction of Concrete Curb, Gutter and Sidewalk Construction (May, 1984), including compliance with the Specification Drawings which are an appendix thereto (hereinafter collectively referred to as "Standard Specifications for Construction"). The Standard Specifications for Construction shall be subject to modification, from time to time, upon recommendation of the city engineer and the adoption of a resolution by the city council implementing and adopting such changes and modifications as may be recommended by the city engineer. A full and complete set of Standard Specifications for Construction shall be available for sale to the public at all times at the offices of the department of public works of the city. The cost to the public of acquiring a copy of the Standard Specifications for Construction shall not exceed the actual cost of reproduction of such material. Changes or modifications to Standard Specifications for Construction adopted pursuant to resolution of the city council shall be incorporated within the Standard Specifications for Construction as soon as reasonably practical after their approval and adoption.

(Code 1962, § 12-3-1)

DIVISION 2. DEVELOPMENT STANDARDS FOR PUBLIC IMPROVEMENTS