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Boulder Revised Code Home

1. Charter
1. Preamble
2. Article I Corporate Name, Boundaries, Powers, Rights, and Liabilities
3. Article II The Legislative Body: Its Powers and Duties
4. Article III Elections
5. Article IV Direct Legislation
6. Article V Administrative Servic
7. Article VI Finance and Record
8. »Article VII Public Works and Public Improvement Districts
9. Article VIII Franchises and Public Utilities
10. Article IX Advisory Commissions
11. Article X Miscellaneous Provisions
12. Article XI Parks and Recreation
13. Article XII Open Space
14. Article XIII Light and Power Utility
15. Changes
2. Title 1 General Administration
3. Title 2 Government Organization
4. Title 3 Revenue and Taxation
5. Title 4 Licenses and Permits
6. Title 5 General Offenses
7. Title 6 Health, Safety and Sanitation
8. Title 7 Regulation of Vehicles, Pedestrians, and Parking
9. Title 8 Parks, Open Space, Streets, and Public Ways
10. Title 9 Land Use Regulation
11. Title 10 Structures
12. Title 11 Utilities and Airport
13. Title 12 Human Rights
14. Title 13 Elections and Campaign Disclosures and Activities
15. Title 14 Arts
16. Index
17. Ordinances Pending Codification

Page Contents

• Sec. 106. Power to construct or otherwise acquire improvements and create improvement districts.
• Sec. 106A. Surplus and deficiency fund
• Sec. 106B. Exemption from property tax limitation
• Sec. 106C. Authority to acquire property
• Sec. 107. Sidewalks, curbs, trees

Article VII: Public Works and Public Improvement Districts

Sec. 106. Power to construct or otherwise acquire improvements and create improvement districts.¹⁵

The city shall have the right, power, and authority to construct or otherwise acquire public works and public improvements, including but not limited to the acquisition of land and any other real or personal property necessary or desirable therefor, under the provisions of the laws of the State of Colorado governing such matters or as may be provided by charter or as the council may by ordinance provide.

The council may create public improvement districts for the construction and other acquisition of anything in the nature of local or other type public improvements conferring special benefits upon real property under the provisions of the laws of the State of Colorado applying to such districts or under such provisions as may be provided by charter or as the council may by ordinance provide. The city shall have the right, power, and authority to: provide for the creation of local public improvement districts by order of the council, subject, however, to protest by the owners of a majority of all property benefited and constituting the basis of assessment as the council may determine, except in case the city shall pay one-half or more of the total cost of the improvements made; provide the manner of assessment of costs against all property which the council shall determine specially benefited by any such works or improvements; provide for the issuance of bonds for the purpose of paying for such improvements with power to sell or otherwise issue the same to defray all or a portion of the costs of any such works or improvements; and provide for the creation of special funds for the payment of the bonds of any such district or districts which may be delinquent. (Amended by Ord. No. 2171 (1958) §1, adopted by electorate on December 2, 1958.)

Sec. 106A. Surplus and deficiency fund.

Where all outstanding bonds have been paid in a public improvement district created after January 1, 1954, and any money remains to the credit of said district, it shall be transferred to a special surplus and deficiency fund, and whenever there is a deficiency in any improvement district to meet payment of outstanding bonds, it shall be paid out of said fund. Whenever a public improvement district created after January 1, 1954 has paid and cancelled four-fifths of its bonds outstanding, and for any reason the remaining assessments are not paid in time to take up the final bonds of the district and there is not sufficient money in said special surplus and deficiency fund, then the city shall pay said bonds when due and reimburse itself by collecting the unpaid assessments due said district. (Added by Ord. No. 1753 (1953), § 1(a), adopted by electorate on November 3, 1953.)

Sec. 106B. Exemption from property tax limitation.

Should the city pay any bonds which it is authorized to pay under Section 106A, the limitation on the amount of tax levy provided in Section 94 of this charter shall not apply to taxes levied for the payment of such bonds and the interest thereon. (Added by Ord. No. 1753 (1953), § 1(a), adopted by electorate on November 3, 1953.)

Sec. 106C. Authority to acquire property.

In addition to all other power which it has to acquire property, the City of Boulder is hereby authorized to purchase or otherwise acquire property on which there are delinquent taxes and/or special assessments. The city may also dispose of any property acquired under this authority. (Added by Ord. No. 1753 (1953), § 1(a), adopted by electorate on November 3, 1953.)

Sec. 107. Sidewalks, curbs, trees.

Until and unless otherwise provided by charter amendment or by ordinance, the laws of the State of Colorado relating to the construction, care, and maintenance of sidewalks, curbs, gutters, and sewers shall be in full force and effect. The council shall also have the power to provide by special assessment or otherwise, with or without petition, for the parking, ornamentation and lighting of streets and the planting, care and removal of grass, plants, shrubs, and trees along, in, upon or over streets, boulevards, public ways, and places. The council shall, before January 1, 1919, pass an effective ordinance relating to the proper planting, selection, trimming, and care of street trees and shrubs and parkings¹⁶, and shall provide proper penalties for violation thereof.

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¹⁵ There is no requirement in this section that the issuance of the bonds be subject to the approval even of the owners of frontage in the district. Sanburn v. Boulder, 74 Colo. 358, 221 P. 1007 (1923).

¹⁶ [Sic]; per the Charter of the City of Boulder, 1917.

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