3.5.113: FILE COMPLAINT AGAINST OWNER; SERVICE OF PROCESS:

At any time after the passage of an ordinance adopted pursuant to this part, the City may, at the City's discretion, direct the City Attorney to file a complaint in the District Court in and for El Paso County, Colorado, in the name of the City, against all or any of the respective owners of the tracts or parcels of land assessed or to be assessed for any improvement ordered to be made praying for a declaratory judgment. In its complaint the City shall generally allege all procedures followed in arriving at the assessment made or to be made, and the special benefits which will accrue to the tracts or parcels of land within the district by reason of the construction of the improvements. The prayer of the complaint shall be that the Court confirm and validate all proceedings and each and every assessment within the district subject to the action of the Court. (Ord. 2771; 1968 Code §12-40; 1980 Code; Ord. 01-42)

3.5.114: COUNCIL MAY ORDER UTILITY CONNECTIONS; ALTERNATIVE PROCEDURE:

If the connection of abutting properties to gas or water mains or wastewater sewers or electric distribution facilities is not included as a part of a local improvement district for the paving of any street or alley, before paving any district in pursuance of this chapter, the City Council may order the owners of the abutting real estate to connect their several premises with the gas or water main, wastewater sewers or electric distribution facilities, or with any other utilities in the street or alley adjacent to their several premises. These utility connections will be made in accord with the respective provisions of the electric tariff, gas tariff, and Utilities Code (chapter 12 of this Code) in effect at the time of connection. On default of the owners for thirty (30) days after the order to make connections, the City may contract for and make the connections in accord with specifications as may be prescribed by the Council and the whole cost of each connection shall be assessed against the premises with which the connection is made. Any number of connections may be included in one contract and notice shall be given to the owner of the property to be assessed as is provided for the giving of notice for the construction of sidewalks as provided in this chapter, but the cost shall be paid upon the completion of the work, in one sum, and shall not be subject to remonstrance. The cost shall be collected in the same manner as is provided in this chapter for the collection of assessments for sidewalks, and upon default in the payment of any assessment, real estate may be assessed in like manner and with like effect, or suit may be brought for the collection of the cost. (Ord. 2771; 1968 Code §12-86; Ord. 91-36; Ord. 01-42)

3.5.115: COMMENCE ACTIONS AGAINST PROCEEDINGS:

All actions, legal or equitable, for relief against any proceedings had under this chapter whether based upon irregularities or jurisdictional defects, shall be commenced within thirty (30) days after the wrongful act complained of or else be perpetually barred. (Ord. 2771; 1968 Code §12-91; Ord. 01-42)

3.5.116: OFFICERS AUTHORIZED TO TAKE ACTION:

The officers of the City are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this chapter. (Ord. 2771; 1968 Code §12-92; Ord. 01-42)

3.5.117: PROVISIONS SUPERSEDED:

Colorado Revised Statutes section 31-20-106 is superseded. (Ord. 3631; 1968 Code §12-94; Ord. 01-42)

3.5.118: LIABILITY DURING CONSTRUCTION OF PUBLIC IMPROVEMENTS:

When any contractor, subdivider or any person other than the City, commences the construction of any public improvement, public liability for the condition and maintenance of public improvement shall be that of the contractor, subdivider or other person undertaking construction until the public improvement, upon completion, has been inspected by the City Engineer for compliance with City specifications, and accepted by the City. Nothing shall be construed to limit the liability of the City, its employees or agents, for its or their own acts in regard to any improvement between commencement of contracts and acceptance by the City. (Ord. 4020; 1968 Code §12-95; Ord. 91-36; Ord. 01-42)

PART 2 LOCAL IMPROVEMENT DISTRICT FUNDING

SECTION:

3.5.201: Issuance Of Bonds

3.5.202: Form Of Bond And Payment From Assessments

3.5.203: Bonds Not Debt Of City

3.5.204: Bonds Not Invalid Due To Defect

3.5.205: Bond Maturities

3.5.206: Bonds Negotiable

3.5.207: Bonds, Registration; Change Of City Officers

3.5.208: Use Of Bond Proceeds

3.5.209: Call Bonds; Procedure

3.5.210: Excess Funds

3.5.211: City May Pay Preliminary Expenses; Repayment From Bond Proceeds

3.5.212: Loans

3.5.201: ISSUANCE OF BONDS:

   A.   Public improvement bonds of the City may be issued to pay for local improvements ordered by City Council under the provisions of this chapter.

   B.   These bonds may be sold in any manner approved by the City Council. Bonds and bond proceeds may be used for defraying the costs for services, labor, supplies and materials acquired by the City in constructing the improvements and administering the local improvement district.

   C.   Bonds may be delivered to the contractor or contractors in payment for all or part of the amounts due to the contractor or contractors. Bonds shall be accepted for the bond's principal amount. The Council may require in the advertising for bids or RFPs and in the contract documents that the contractor must accept bonds in payment of all or part of the contract price. (Ord. 2771; 1968 Code §12-62; Ord. 82-34; Ord. 01-42)

3.5.202: FORM OF BOND AND PAYMENT FROM ASSESSMENTS:

   A.   Local improvement bonds shall be in a form and dated as may be prescribed by the City Council. The bonds shall be issued in the name of the City and shall bear the name of the local improvement district. The bonds shall be payable to the bearer at a designated time. The term of the bonds shall be a sufficient period of years to cover the time of construction and the bond payment schedules, however, the term of the bond shall be subject to early calls. The bonds shall be in convenient denominations as determined by the Chief Financial Officer. The bonds shall be issued by the Chief Financial Officer based upon the cost estimates of the City Engineer as approved by the Council. The Chief Financial Officer shall maintain a record of the bonds and cost estimate. The bonds shall be manually signed by the Chief Financial Officer and shall bear the engraved, printed, stamped or otherwise reproduced facsimile of the Mayor's signature, which shall be attested by the City Clerk. Each bond shall have the seal of the City affixed. Each bond issued under this chapter shall recite in substance that the bond and the interest are payable solely from the special assessments and/or other monies pledged to its payment.

   B.   Except as provided, the bond's principal and interest shall only be payable out of monies collected from the assessments for the improvements in the district. The assessments on a local improvement district shall be applied to the payment of the bonds issued for that local improvement district until the payment of the bonds is completed. The payment of the bonds shall be additionally secured by a pledge of funds from the special surplus and deficiency fund. If for any reason assessments are not paid in time to make the bond payments when due and there is not sufficient money in the special surplus and deficiency fund, then the City may pay the bonds when due and reimburse itself by collecting the unpaid assessments. (Ord. 2771; 1968 Code §12-63; Ord. 01-42; Ord. 11-19)