Colorado § 31-25-502 - Powers to make local improvements.

§ 31-25-502. Powers to make local improvements.

(1) A district may be formed in accordance with the requirements of this part 5 for the purpose of constructing, installing, or acquiring any public improvement so long as the municipality that forms the district is authorized to provide such improvement under the municipality's home rule charter or ordinance passed pursuant to such charter, if any, or the laws of this state. Public improvements shall not include any facility identified in section 30-20-101 (8) or (9), C.R.S.

(2) The improvements authorized by this part 5 may include, where so specified or generally provided for in the ordinance of the governing body forming the district, any renewable energy improvement or energy efficiency improvement to any residential or commercial property within the district.

(3) It is lawful for any municipality to construct any of the local improvements mentioned in this part 5 and to assess the cost thereof, wholly or in part, upon the property especially benefited by such improvements. The improvements shall be authorized by ordinance duly adopted and shall be constructed under the direction of the municipal engineer or other officer having similar duties or under the direction of the governing body in accordance with plans and specifications adopted by the governing body; except that, for districts formed for the purpose of encouraging, accommodating, and financing renewable energy improvements or energy efficiency improvements, the owner of property within a district may arrange improvements that qualify pursuant to the ordinance of the governing body authorizing improvements for the district and may obtain financing for said improvements from the district through the process set forth in the ordinance forming the district.

Source: L. 75: Entire title R&RE, p. 1190, § 1, effective July 1. L. 2002: Entire section amended, p. 273, § 13, effective August 7. L. 2008: Entire section amended, p. 1301, § 23, effective May 27.

Editor's note: This section is similar to former § 31-25-502 as it existed prior to 1975.

ANNOTATION

Law reviews. For note, "One Year Review of Constitutional Law", see 41 Den. L. Ctr. J. 77 (1964). For article, "Legal Classification of Special District Corporate Forms in Colorado", see 45 Den. L.J. 347 (1968). For article, "An Engineering — Legal Solution to Urban Drainage Problems", see 45 Den. L.J. 381 (1968).

For constitutionality of similar prior section, see Gillum v. Town of Rifle, 70 Colo. 198, 197 P. 1017 (1921).

Town cannot condemn property beyond the corporate limits. The bare right of the town to construct and maintain sewers cannot be held to include the right to condemn property beyond its corporate limits in connection therewith. Mack v. Craig, 68 Colo. 337, 191 P. 101 (1920).

For municipal improvement not being a subject for declaratory judgment until ordinance is approved, see City & County of Denver v. Denver Land Co., 85 Colo. 198, 274 P. 743 (1929); City & County of Denver v. Widom, 90 Colo. 147, 7 P.2d 406 (1932).