Colorado § 37-8-101 - Forms.

§ 37-8-101. Forms.

The following forms illustrate the character of the procedure contemplated by articles 1 to 8 of this title and, if substantially complied with, with changes to meet particular requirements, shall be held to meet requirements of articles 1 to 8 of this title:

FORM I.

Notice of Hearing on Petition.

To All Persons Interested:

​​​​​​​​​​​​​​ ​​​​​​​​​​​​​​ Public Notice Is Hereby Given:

1. That on the ............ day of ............, 20...., pursuant to the provisions of the conservancy law of Colorado, there was filed in the office of the clerk of the district court sitting in and for .............. county, Colorado, the petition of .............. and others for the establishment of a conservancy district to be known as .............. conservancy district.

(Here insert the purpose.)

2. That the lands sought to be included in said district comprise lands in .............. and .............. counties, Colorado, described as follows:

(Here insert description.)

3. That a public hearing on said petition will be had in said court on ........ the ............ day of ............ at the hour of ............ o'clock ....M., by the district court sitting in and for .............. county, at the court house in the city of .............. county, Colorado.

​​​​​​​​​​​​​​ All persons and public corporations owning or interested in real estate within the territory hereinbefore described will be given the opportunity to be heard at the time and place above specified.

Dated ........................ Colorado ........................ 20.... .

...................................................

Clerk of the district court sitting in and for ............ county, Colorado.

FORM II.

Finding on Hearing.

STATE OF COLORADO

) ss.

County of........................................

​​​​​​​​​​​​​​ IN THE DISTRICT COURT SITTING IN AND FOR .............. COUNTY.

In the Matter of

........................ Conservancy District.

Findings and Decree on Hearing.

​​​​​​​​​​​​​​​ On this ............ day of ............, 20.... this cause coming on for hearing upon the petition of .... and others, for the organization of a conservancy district under the conservancy act of the state of Colorado, the court, after a full hearing, now here finds:

1. That said petition has been signed and presented in full conformity with the conservancy law of Colorado.

2. That the allegations of said petition are true.

3. That no protesting petition has been filed (or if filed has been dismissed).

4. That this court has jurisdiction of the parties to, and the subject matter of, this proceeding.

5. That the purposes for which said district is established are:

(Insert the purposes, e.g., a system of flood prevention.)

6. That a public necessity exists for the construction of the proposed work.

7. That the territory to be included in the proposed district and the boundaries of said district are as follows:

(Here insert boundaries of district.)

8. That the said territory last above described should be constituted and created a conservancy district under the conservancy law of Colorado under the corporate name of .............. conservancy district.

​​​​​​​​​​​​​​​ Wherefore, it is by the court ordered, adjudged and decreed:

​​​​​​​​​​​​​​​ That the territory as above described be and the same hereby is constituted and created a conservancy district under the conservancy law of Colorado under the corporate name of .............. conservancy district, with its office or principal place of business at .............. in .............. county, Colorado. (If directors are appointed at the same time.) And the following persons are hereby appointed directors of said conservancy district .......... for the term of one year, .......... for the term of three years, .......... for the term of five years, who are hereby directed to qualify and proceed according to law.

9. For consideration of other matters herein, this cause is retained on the docket of this court.

By the court,

.....................................

Judge.

FORM III.

Notice to Property Owners to Pay Assessments.

........................ Conservancy District.

To All Persons Interested:

​​​​​​​​​​​​​​ ​​​​​​​​​​​​​​ Public Notice Is Hereby Given:

1. That on the .............. day of .............., 20.... the board of directors of ................ conservancy district duly levied for the account of the construction fund of said district, an assessment upon all the property in said district in the aggregate sum of .............., and has caused the same to be extended upon the construction fund assessment record of said district, and that said record is now in the hands of the treasurer of the said district for collection.

2. That the entire assessment against any parcel of land may be paid to the said treasurer of the district at any time on or prior to .............., 20.... without costs and without interest.

3. That as soon after the .............. day of .............., 20.... as conveniently may be, the board of directors of said district will divide the uncollected portion of said assessment into convenient installments and will issue bonds bearing interest not exceeding six percent per annum in anticipation of the collection of the several installments of said assessment, pursuant to the conservancy law of Colorado.

.....................................

President.

(Seal)

Attest:

..................................

Secretary.

FORM IV.

Bonds and Coupons.

(Form of Bond.)

No.............. $ ..............

UNITED STATES OF AMERICA.

State of Colorado.

........................ Conservancy District.

Conservancy Bond.

​​​​​​​​​​​​​​ Know All Men by These Presents, That ........................ conservancy district, a legally organized conservancy district of the state of Colorado, acknowledges itself to owe and for value received hereby promises to pay bearer .............. dollars, on the first day of .............., 20.... with interest thereon from the date hereof until paid at the rate of .......... percent per annum, payable .............., 20.... and semiannually thereafter on the first day of .............. and of .............. in each year on presentation and surrender of the annexed interest coupons as they severally become due. Both the principal of and the interest on this bond are hereby made payable in lawful money of the United States of America, at ............ and ............. .

​​​​​​​​​​​​​​​ This bond is one of a series of bonds issued by .................... conservancy district for the purpose of paying the cost of constructing a system for flood prevention (or for other works) for said district, and in anticipation of the collection of the several installments of an assessment duly levied upon lands within said district and benefited by said improvement in strict compliance with the conservancy law of Colorado, and pursuant to an order of the board of directors of said district, duly made and entered of record.

​​​​​​​​​​​​​​​ And it is hereby certified and recited that all acts, conditions and things required to be done in locating and establishing said district and in equalizing appraisals of benefits and in levying assessments against lands benefited thereby, and in authorizing, executing and issuing this bond, have been legally had, done and performed in due form of law; that the total amount of bonds issued by said district does not exceed ninety percent of the assessments so levied and unpaid at the time said bonds are issued, and does not exceed any legal limitation imposed by law.

​​​​​​​​​​​​​​​ And for the performance of all the covenants and stipulations of this bond and of the duties imposed by law upon said district for the collection of the principal of and the interest upon said assessment and the application thereof to the payment of this bond and the interest thereon, and for the levying of such other and further assessments as are authorized by law and as may be required for the prompt payment of this bond and the interest thereon, the full faith, credit and resources of said .................... conservancy district are hereby irrevocably pledged.

​​​​​​​​​​​​​​​ In Testimony Whereof, The Board of directors of .................... conservancy district has caused this bond to be signed by its president and sealed with the corporate seal of said district, attested by its secretary, and has caused the coupons hereto annexed to be executed by the facsimile signature of its treasurer, as of the .............. day of .............., 20.... .

.....................................

President.

(Seal)

Attest:

..................................

Secretary.

(Form of Coupon.)

$ .............. No. ..............

​​​​​​​​​​​​​​​ On the first day of .............., 20.... ,

............................................................................................................................

............................................................................................................................

............................................................................................................................

........................ conservancy district promises to pay to the bearer .............. dollars, in lawful money of the United States of America, at .............. or at .............. at the holder's option, being semiannual interest due on that date on its conservancy bond dated .............., 20.... .

(Facsimile Signature.) .....................................

Treasurer.

No...............

FORM V.

Form of Notice of Enlargement of District.

STATE OF COLORADO

) ss.

County of........................................

In the District Court in and for

.......................... County, Colorado.

In the Matter of

........................................

Conservancy District.

Notice of Enlargement of District.

To All Persons (and Public Corporations, if any) Interested:

​​​​​​​​​​​​​​ ​​​​​​​​​​​​​​ Public Notice is Hereby Given:

1. That heretofore on the .............. day of .............., 20.... the district court sitting in and for .............. county, Colorado, duly entered a final decree constituting and creating ........................ conservancy district and appointing a board of directors therefor.

2. That thereafter this court duly appointed

............................................................................................................................

............................................................................................................................

............................................................................................................................

to be the board of appraisers for said district. That said board of appraisers on the .............. day of .............., 20.... filed their report recommending that the following lands, not originally included in the district, be added thereto.

(Here describe generally the lands which the report

of the board of appraisers recommends should be

added to the district.)

3. That on .............. the ............. day of .............., 20.... (or as soon hereafter as the convenience of the court will permit) at the court house in .............. of .............. Colorado, the district court sitting in and for .............. county, Colorado, will hear all persons and public corporations who are owners of or interested in the property described in this notice upon the question whether said lands should be added to and included in said ........................ conservancy district.

...................................................

Clerk of the district court sitting in and for ............ county, Colorado. 🔄

FORM VI.

STATE OF COLORADO,....................CONSERVANCY DISTRICT.

CONSERVANCY APPRAISAL RECORD, .................COUNTY.

Index Number

Owner's

Name

Description

Record

Action Taken by Appraisers, Court, and Jury. On the

First Line Carry Action by Appraisers; Second

line, Court; Third Line, Jury.

Matters

Reported

to Court

under

Section

37-4-105

Part (Part)

T. (Sub)

R (Blk.)

Section

(Lot No.)

Acres or Area

Book

Page

Appraised

Value for

Purchase

of Fee

Amount Fixed

for Value

of Easement

Amount Fixed

for Damages

Amount Fixed

for Benefits

FORM VII.

Notice of Hearing on Appraisals.

STATE OF COLORADO

) ss.

County of........................................

In the District Court Sitting in and for

...................... County, Colorado.

In the Matter of

..................................

Conservancy District.

Notice of Hearing on Appraisals.

To All Persons and Public Corporations Interested:

​​​​​​​​​​​​​​ ​​​​​​​​​​​​​​ Public Notice Is Hereby Given:

1. That heretofore on the .............. day of .............., 20.... the district court sitting in and for .............. county, Colorado, duly entered a decree, constituting and creating ........................ conservancy district and appointing a board of directors therefor.

2. That thereafter this court duly appointed

............................................................................................................................

............................................................................................................................

............................................................................................................................

the board of appraisers for said district. That said board of appraisers on .............. day of .............., 20.... filed their appraisal of benefits and damages. The land affected by such appraisal is described as follows:

(Here insert general description of land appraised.)

(It will be sufficient to state: "All land lying in the .............. ward of the city of ..............," or "All land abutting on .............. street in the city of ..............," or "All land lying west of .............. river and east of .............. railroad in section .............. township .............. range ..............," or any general description pointing out the lands involved.)

​​​​​​​​​​​​​​ The said appraisal of benefits and damages and of land to be taken is now on file in the office of the clerk of this court.

3. All public corporations and all persons, owners of or interested in the property described in said report, whether as benefited property or as property taken or damaged (whether said taken or damaged property lies within or without said district), desiring to contest the appraisals as made and returned by the board of appraisers, must file their objections in said court on or before the .... day of ...., 20.., and a hearing on said appraisal will be held in this court on the .............. day of .............., 20.... at the hour of ........ o'clock ....M., in the county of .............., Colorado, at which time an opportunity will be afforded all objectors to be heard upon their several objections.

...................................................

Clerk of the district court sitting in and for ............ county, Colorado.

Dated at .............., Colorado .............. day of .........., 20...

FORM VIII.

Certificate of Levy of Assessments.

1. For Construction Fund Assessment Record.

STATE OF COLORADO

) ss.

County of.......................................

​​​​​​​​​​​​​​ To the Treasurer of .............. County, Colorado:

​​​​​​​​​​​​​​​ This is to certify that by virtue and under the authority of the conservancy law of Colorado, the board of directors of .............. conservancy district has levied the sum of .............. dollars for the account of the construction fund of said district, which said assessment bears interest as provided by law and is payable as set forth in the construction fund assessment record to which this certificate is appended.

​​​​​​​​​​​​​​​ The assessments above specified shall be collectible and payable in the sums therein specified at the time that the state and county taxes are due and collectible, and you are directed and ordered to demand and collect such assessments at the time that the state and county taxes are due on the same land, and the construction fund assessment record to which this certificate is appended shall be your authority to make such collection.

​​​​​​​​​​​​​​​ Witness the signature of the president of said district, attested by the seal thereof, attested by the signature of its secretary, this .............. day of .............., 20.... .

....................

President.

(Seal)

Attest: ........................ Secretary.

​​​​​​​​​​​ The construction fund assessment record shall be in substantially the following form:

CONSTRUCTION FUND ASSESSMENT RECORD OF

.........................CONSERVANCY DISTRICT. .................COUNTY.

No.

Name of

Owner

Descrip-

tion of

Item of

Property

Appraised

and

Assessed

Total

Amount

Benefits

Appraised

Against

Each

Item

Property

Assessment Leveled

Against Each Item of

Property to Which

Benefits Have Been

Appraised

Assessments Paid

Within Sixty Days

Bond Fund Installments to be Collected by the County Treasurer

Installments Due 20 ......

Installments Due 20 ......

1st

Assess.

2nd

Assess.

3rd

Assess.

Assess.

Amt.

Date

Name of

Person

Making

Payment

Assess.

No.

Amount

Date

Paid

Name of

Person

Making

Payment

Assess.

No.

Amount

Date

Paid

Name of

Person

Making

Payment

Prin.

Int.

Prin.

Int.

2. For Maintenance Fund Assessment Record.

STATE OF COLORADO

) ss.

County of.......................................

To the Treasurer of .............. County, Colorado:

​​​​​​​​​​​​​​​ This is to certify that by virtue and under the authority of the conservancy law of Colorado, the board of directors of .............. conservancy district has levied the sum of .............. dollars, for the account of the maintenance fund for the year 20.... .

​​​​​​​​​​​​​​​ The amounts of said levies upon the several parcels of land upon which the same are imposed are set forth in the maintenance fund assessment record to which this certificate is appended.

​​​​​​​​​​​​​​​ The said assessments set forth in the maintenance fund record, to which this certificate is appended, shall be collectible and payable the present year in the sums therein specified at the time that the state and county taxes are due and collectible, and you are directed and ordered to demand and collect such assessments at the time that the state and county taxes are due on the same land, and the maintenance fund assessment record to which this certificate is appended shall be your authority to make such collection.

​​​​​​​​​​​​​​​ Witness the signature of the president of the district, attested by the seal thereof, attested by the signature of its secretary, this .............. day of .............., 20.... .

....................

President.

(Seal)

Attest:

........................................

Secretary.

​​​​​​​​​​​​​​ The maintenance fund assessment record shall be in substantially the following form:

MAINTENANCE FUND ASSESSMENT RECORD OF

........................ CONSERVANCY DISTRICT

........................ COUNTY

For the Year ..............

(Due in the Year ........, at the Same Times General Taxes Are Due.)

No.

Name

Owner

Descrip-

tion

Property

Total

Main-

tenance

Assess-

ments

Levied

Against

Each

Item of

Property

1st and

2nd Half

Amount

Date

Paid

Payments

Name of

Person

Making

Payment

1st Half

2nd Half

1st Half

2nd Half

Source: L. 22: p. 74, § 75. C.L. § 9589. CSA: C. 138, § 199. CRS 53: § 30-8-1. C.R.S. 1963: § 29-8-1.

ANNOTATION

Law reviews. For article, "When Corporate Stock Becomes Real Estate", see 21 Dicta 53 (1944).

The article does not require any particular form of notice. This section gives forms which shall "illustrate the character of the procedure". People ex rel. Setters v. Lee, 72 Colo. 598, 213 P. 583 (1923).

DRAINAGE AND DRAINAGE DISTRICTS

ARTICLE 20

Organization of Districts

37-20-101. Legislative declaration.

37-20-102. Petition - maps - committee.

37-20-103. Petition accompanied by bond.

37-20-104. Cash in lieu of bond.

37-20-105. Expenses reimbursed - when.

37-20-106. Petition - notice - publication.

37-20-107. Hearing of petition.

37-20-108. Change boundaries - limitations.

37-20-109. Order establishing district.

37-20-110. Establishment without election.

37-20-111. Election - notice - contents.

37-20-112. Three directors - representation.

37-20-113. Polling place - precincts.

37-20-114. Judges of election.

37-20-115. Publication of election notice.

37-20-116. Qualification of voters.

37-20-117. Canvass of votes - result.

37-20-118. Order filed with county clerk and recorder.

37-20-119. Officers to qualify.

37-20-120. Validity of organization.

37-20-121. Actions - judicial notice - validity.