Colorado § 32-11-603 - Provisional order method.

§ 32-11-603. Provisional order method.

(1) Whenever the board is of the opinion that the interest of the urban district requires any assessment project, the board, by resolution, shall direct the engineer to prepare:

(a) Preliminary plans showing:

(I) A typical section of the contemplated project; and

(II) The types of material, approximate thickness, and width;

(b) A preliminary estimate of the cost of the project, including incidental costs; and

(c) An assessment plat showing:

(I) The area to be assessed; and

(II) The amount of maximum benefits estimated to be assessed against each tract in each assessment area.

(2) The resolution may provide for one or more types of construction, and the engineer shall separately estimate the cost of each type of construction. The estimate may be made in a lump sum or by unit process, as to such engineer may seem most desirable for the facilities complete in place.

(3) The resolution shall describe the project in general terms.

(4) The resolution shall state:

(a) What part or portion of the expense thereof is of special benefit, and, therefore, shall be paid by assessments;

(b) What part, if any, has been or is proposed to be defrayed with moneys derived from other than the levy of assessments; and

(c) The basis by which the cost will be apportioned and assessments will be levied.

(5) In case the assessment is not to be made according to front feet, the resolution shall:

(a) By apt description designate the improvement district, including the tracts to be assessed;

(b) Describe definitely the location of the project; and

(c) State that the assessment is to be made upon all the tracts benefited by the project proportionately to the benefits received.

(6) In case the assessment is to be upon the abutting property upon a frontage basis, it shall be sufficient for the resolution so to state and to define the location of the project to be made.

(7) It shall not be necessary in any case to describe minutely in the resolution each particular tract to be assessed but simply to designate the property, improvement district, or the location so that the various parts to be assessed can be ascertained and determined to be within or without the proposed improvement district.

(8) The engineer shall forthwith prepare and file with the secretary:

(a) The preliminary plans;

(b) The preliminary estimate of cost; and

(c) The assessment plat.

(9) Upon the filing of the plans, preliminary estimate of cost, and plat, the board shall examine the same; and if the plans, estimate, and plat are found to be satisfactory, the board shall make a provisional order by resolution to the effect that the project shall be acquired or improved, or both acquired and improved.

Source: L. 69: p. 785, § 116. C.R.S. 1963: § 89-21-116.