ORDINANCE NO. 1456

AN ORDINANCE CONFIRMING THE AUTHORITY OF

THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION

TO ESTABLISH IMPROVEMENT DISTRICTS WITHIN

THE CITY WITHOUT REMONSTRANCE AGAINST THE

FORMATION OF SUCH DISTRICTS AND PROVIDING

FOR ALTERNATE SPECIAL ASSESSMENTS THEREFOR

 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION,

COLORADO:

That the following sections or subsections of Chapter 18 of the Code

of Ordinances of the City of Grand Junction be amended as follows:

Sec. 18-4. ORGANIZATION OF DISTRICTS.

(d) Owners may petition for improvements;

requirements of petition. In addition to

districts unilaterally formed by the City Council

the owners of one-third of the frontage of the

real estate to be assessed may petition for

any street improvement provided in this section,

and if the improvement is paving and the petition

names two or more types of paving, whether asphalt,

macadam, stone, brick or any other kind of sub-

stantial paving, then the improvements shall

be ordered; provided, the council shall deem

such proposed improvement good, and sufficient

for the particular locality; provided, however,

that if the improvement is a paving project, the

council may receive bids on any other type of

paving than that mentioned in the petition,

which the council deems suitable for the parti-

cular locality. The petition must be subscribed

and acknowledged in the manner provided by law

for acknowledgments of deeds of conveyance of

real estate, by the owners or their agents duly

authorized by power of attorney, acknowledged

in like manner, of one-third of the frontage

of the real estate to be assessed for the same.

No petitioner, his heirs or assigns shall be

permitted to withdraw his name from the petition

after the same has been filed with the council

unless the council fails to order such improvements

upon such petition within nine months from the

time the petition is so filed. All requests

for withdrawal must be subscribed and acknowledged

as aforesaid. On all paving projects, the council

shall have discretionary power to elect which

type of paving shall be adopted after the receipt

of bids thereon; provided, that if the owners

of a majority of the frontage of the real estate

to be assessed shall petition for paving, and

name one particular kind of paving which they

desire to be used, then the kind of paving so

designated shall be used; provided the council

shall deem such proposed improvement good and

sufficient for the particular locality.

Every petition for paving projects shall state

the maximum cost per Square foot for surface and

base, per lineal foot for curb and gutter, and

per cubic yard for grading, exclusive of

interest and cost of collection for the entire

improvement when completed, and the amount so

named shall not be exceeded; all matters

contained in the petition except the maximum

cost, as aforesaid, may be disregarded by the

council, and any one or more of the other

    improvements mentioned in this section, may be

    added by the council if the maximum cost is not

    exceeded; provided, that when the petition by the

  owners of a majority of the frontage of the real

  estate to be assessed designates one type or

  kind of paving, all matters contained herein,

  except the naming of the kind of pavement, and

  the maximum cost, as aforesaid, may be disregarded

  by the council, and any one or more of the other

improvements mentioned in this section may be

added by the council if the maximum cost is not

exceeded.

Where the paving petitioned for in any number

of petitions is substantially the same, the improve-

ment may be included in one district, but in such

case each petition shall be considered as a unit

for the purpose of petition and remonstrance and

may be considered as a unit for any other purpose,

as the council may direct. But no petition shall

be required to authorize the council to initiate

any paving mentioned in this section.

 Sec. 18-4. ORGANIZATION OF DISTRICTS.

 (e) Remonstrance by owners against improvements.

  The construction of sewers and construction of

  other improvements in a district ordered by the

  city council without petition therefor shall not

  be subject to remonstrance.

  In districts formed, as the result of a petition,

  other than sewer districts, and within the time

  specified in the notice of intention to create

  such district, a remonstrance against the making

  of all improvements proposed shall be filed with

  the council, subscribed and acknowledged as above

  provided for petitions, by the owners of a greater

  percent of the frontage of the real estate to be

  assessed for said improvement or improvements,

  than had signed the petition for such improvement

  or improvements, as described in subsection (c)

  above, the improvement or improvements shall not

  be made.

  No owner, his heirs or assigns, who shall have

  signed and not withdrawn from a petition for any

  such improvements, shall be permitted to sign a

  remonstrance against the proposed improvements.

 Sec. 18-6. HOW ASSESSMENT MADE.

  In the case of improvement of any street herein

  provided, except as otherwise provided, the cost of

  improvements may be apportioned by the City council

  on all lots or lands benefiting from such improvement

  on a square footage basis or the council may apportion

  such cost on all lots or lands abutting on the streets

  improved according to the respective benefits to be

  received from such improvements so that each shall

  bear its relative equitable proportion. In the event

  assessment is made on the basis of abutting on the

  streets, improved, the amount so found to be a benefit

  upon the property shall be assessed upon all the lots

  and lands abutting on the streets improved in proportion

  as the frontage of each lot or tract of land is to the

  frontage of all the lots and lands so improved, the

  sides of corner lots which abut on the streets so

  improved being regarded as frontage; provided, that

  where the lots or lands abutting on the street improved

  are not of substantially equal depth, or where any of such

  lots or lands are less than one hundred fifty feet in depth,

  then if the Council so determine, it may divide the real

  estate so to be assessed into from two to six zones parallel

  with the street improved and apportion the amount to be

  paid for the entire depth to the different zones in proportion

  to the benefit received by each zone, and wherever a lot or

  land line lies within such zone, the council may determine the

  proportion to be paid upon the real estate lying on

  each side of such line within the zone; and provided,

  further, that should the street improved lie partly

  within the city and partly without the limits of the

  city, the city limits' line running parallel with said

  street and in or near the center thereof, then in that

  case should the portion of said street lying within the

  city limits be improved, the real estate to be assessed

  shall be the abutting real estate lying within the

  city limits; and provided, further, that should a street

  be improved by paving on only one side thereof, then

  in that case the real estate to be assessed shall be

  the real estate abutting on the side of the street so

  improved.

 Sec. 18-7. HOW IMPROVEMENTS IN STREET AND ALLEY

INTERSECTIONS ASSESSED.

In case of the improvement of any street or alley,

the cost of the improvements at each street inter-

section or street and alley intersection, except in case

of the installation of artificial street lighting,

shall be assessed to the lots and lands within the

district in the same manner as assessment is made for

the other improvements within the district and as a

part thereof.

 PASSED and ADOPTED THIS 21st day of March, 1973.

                /s/ Stanley R. Anderson

President of the Council

ATTEST:

/s/ Neva B. Lockhart

City Clerk

 I HEREBY CERTIFY that the foregoing ordinance, being Ordinance No. 1456

was introduced, read and ordered published by the City Council of the City of

Grand Junctional Colorado, at a regular meeting of said body held on the 7th day of March, 1973, and that the same was published in The Daily Sentinel, a newspaper published and in general circulation in said city at least ten days

before its final passage.

 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the

official seal of said City this 22nd day of March, 1973.

/s/Neva B. Lockhart

City Clerk

Published: March 11, 1973

Final Publication: March 25, 1973