LOCAL PUBLIC IMPROVEMENT DISTRICTS

Denver Revised Municipal Code ch. 20, art. X

in effect

Denver Revised Municipal Code § 20-251 Contracts for construction of local public improvements.

Sec. 20-251. - Contracts for construction of local public improvements. In all cases where the cost of local public improvements is to be assessed wholly or in part upon the property benefited, the improvements shall be constructed by independent contract or contracts; but other local public improvements may be constructed by day labor under the direction of the department of transportation and infrastructure. All contracts for local public improvements shall be awarded by the mayor, upon the recommendation of the department, and the improvements shall be constructed under the direction of the department in accordance with specifications prescribed by the department. All such contracts shall be let by the department, without any action of the council except in the passage of the original ordinance authorizing the improvements or contracts. All such contracts shall be let to the lowest, responsive, qualified bidder, after public advertisement for no less than three (3) publication days, exclusive of Sundays and holidays, in an official publication. The right to reject any or all bids is reserved. No such contract shall be made without a bond of its faithful performance, with sufficient surety or sureties. No other surety than a surety company approved by the manager of transportation and infrastructure and the mayor shall be accepted. Any other mode of letting such contracts shall be illegal and void. The provisions of paragraphs 2.3.3(A)(ii), (iii) and (iv) of the Charter shall apply to all contracts for construction or installation of local public improvements. (Ord. No. 757-05, § 2, 10-17-05; Ord. No. 39-20, § 47, 2-3-20)

Denver Revised Municipal Code § 20-252 Assessments in proportion to benefits.

Sec. 20-252. - Assessments in proportion to benefits. In all cases when the cost of a local public improvement is to be assessed wholly or in part upon the property benefited, the cost shall be assessed in proportion to benefits received. (Ord. No. 757-05, § 2, 10-17-05)

Denver Revised Municipal Code § 20-253 How initiated.

Sec. 20-253. - How initiated. In all cases when the cost of a local public improvement is to be assessed wholly or in part upon the property benefited, the improvement shall be initiated and proposed by filing a petition therefor with the department of transportation and infrastructure; or the manager of transportation and infrastructure (hereinafter, the "manager"), without receiving a petition therefor, may initiate and propose such local public improvements. (Ord. No. 757-05, § 2, 10-17-05; Ord. No. 39-20, § 48, 2-3-20)

Denver Revised Municipal Code § 20-254 Petitions.

Sec. 20-254. - Petitions. The form and requirements for petitions for local public improvements shall be established by the manager. (a) No petitioner, his heirs or assigns, shall be permitted to withdraw from a petition after such petition has been filed with the department of transportation and infrastructure unless the proposed improvement is not advertised for remonstrances within nine (9) months from the filing of the petition with the department, and any petitioner who fails to withdraw prior to advertising shall be deemed to have waived his right to withdraw. (b) When the owners of the real property which would bear thirty-five (35) or more percent of the estimated cost of a proposed improvement have filed a regularly executed petition therefor, the manager shall advertise such improvement for remonstrances unless in his judgment, the proposed improvement is not good and sufficient for the particular locality. When the owners of the real property which would bear less than thirty-five (35) percent of the estimated cost of a proposed improvement have filed a petition therefor, the manager, in his sole discretion, may reject the petition or may advertise the proposed improvement for remonstrances; provided, however, that no improvement proposed by petition shall be advertised for remonstrances if the preliminary informal estimate of the city engineer exceeds by more than ten (10) percent the maximum unit cost stated in the petition. The estimate of the city engineer shall be conclusive for this determination. (Ord. No. 757-05, § 2, 10-17-05; Ord. No. 39-20, § 49, 2-3-20)

Denver Revised Municipal Code § 20-255 Manner of notice.

Sec. 20-255. - Manner of notice. In all cases when the cost of local public improvements is to be assessed wholly or in part upon the property benefited, public notice of the proposed improvements, either individually or in groups, shall be given. The manager shall by advertisement for three (3) publication days, in an official publication, give notice of a description of each proposed improvement and of the real property which would be benefited thereby, a proposed method of assessment and the manner of payment thereof and the date, place and time for hearing written remonstrances to the proposed improvements, which date shall be not less than twenty (20) days after the last publication of the notice. (Ord. No. 757-05, § 2, 10-17-05)

Denver Revised Municipal Code § 20-256 Hearing; remonstrance and order.

Sec. 20-256. - Hearing; remonstrance and order. The manager, or his or her authorized representative, shall conduct a hearing for the purpose of considering the desirability of and the need for each advertised proposed improvement. (a) If a written remonstrance is timely filed by the owners of the real property which would bear thirty-five (35) or more percent of the estimated cost of an improvement proposed by petition, the proposed improvement shall not be ordered. No person who has signed a petition for an improvement shall be permitted to sign a remonstrance to the same improvement unless such person has regularly withdrawn from such petition as herein provided. (b) After the hearing and subject to the foregoing limitations, the manager shall enter an order approving those proposed improvements that he or she considers proper and disapproving those proposed improvements considered improper. (c) For purposes of petition and remonstrance, each proposed improvement (including all petitions in support thereof and all remonstrances thereto) shall be considered a separate unit. (Ord. No. 757-05, § 2, 10-17-05)

Denver Revised Municipal Code § 20-257 Combining of improvements in districts; estimate of total costs.

Sec. 20-257. - Combining of improvements in districts; estimate of total costs. After the hearing set forth above, the city engineer shall combine into suitable construction units, hereinafter referred to as local public improvement districts, those proposed local public improvements which have been approved by the manager. In such combinations the city engineer may include a general public improvement or a public improvement which is partially a local public improvement and partially a general public improvement. For each such local public improvement district the city engineer shall submit to the manager a detailed estimate of the total cost of the improvements and a detailed estimate for each improvement included in the district, exclusive of the costs of collection and other incidentals and of all interest on bonds; full details and specifications of the proposed construction; a map showing the real property to be assessed for the cost of construction; and that portion, if any, of the cost of such construction which is not lawfully assessable as a local public improvement. (Ord. No. 757-05, § 2, 10-17-05)

Denver Revised Municipal Code § 20-258 Creating ordinance required.

Sec. 20-258. - Creating ordinance required. Whenever the manager approves a local public improvement district as submitted by the city engineer, he or she shall cause to be prepared and submitted to council an ordinance authorizing the creation of the district and the construction of the improvements proposed. Such ordinance shall be in the form recommended by the manager, by endorsement thereon, and shall not be subject to amendment by council. The finding of council by ordinance that any local public improvements were duly ordered after notice duly given, or that a petition or remonstrance was or was not filed shall be conclusive in every court or other tribunal. (Ord. No. 757-05, § 2, 10-17-05)

Denver Revised Municipal Code § 20-259 Apportionment of cost.

Sec. 20-259. - Apportionment of cost. Upon the completion of any local public improvement and upon acceptance thereof by the manager, or whenever the whole cost of any improvement or a complete unit thereof can be definitely ascertained, the manager shall determine the whole cost of the improvement or complete unit, including costs of collection, interest on the funds to be used to pay the costs of construction and other incidentals. Upon determination of the whole cost, the manager shall propose an apportionment of such cost upon the real property benefited. The manager by rule and regulation shall establish procedures for notification to property owners of the proposed apportionment and for filing objections thereto. The council shall at any regularly scheduled meeting establish the maximum rate to be charged for collection cost and the period of time for which the maximum rate is applicable. (Ord. No. 757-05, § 2, 10-17-05)

Denver Revised Municipal Code § 20-260 Hearing by council as a board of equalization.

Sec. 20-260. - Hearing by council as a board of equalization. After the period specified in the manager's notification, council, sitting as a board of equalization, shall hear and determine all written complaints and objections filed with the manager and may confirm the apportionment proposed or make any modifications that may seem equitable and just. Council shall certify such change to the manager, who shall prepare a new apportionment and an assessing ordinance in accordance therewith and transmit the same to council. The assessing ordinance shall assess the cost of the improvement against the real estate to be assessed in the district in the proportion finally determined. (Ord. No. 757-05, § 2, 10-17-05)

Denver Revised Municipal Code § 20-261 Lien against property assessed.

Sec. 20-261. - Lien against property assessed. Assessments in a duly adopted assessment ordinance shall constitute a lien against the property assessed and shall have priority over all other liens except general taxes. No delays, mistakes, errors, defects or irregularities in any act or proceeding authorized herein shall prejudice or invalidate any final assessment or affect the lien thereof. (Ord. No. 757-05, § 2, 10-17-05)

Denver Revised Municipal Code § 20-262 Collection of payments.

Sec. 20-262. - Collection of payments. The manager of finance shall be responsible for collection of payments for all assessments made pursuant hereto and for the sale of property in case of default. The manager of finance by rule and regulation shall establish procedures for collection, payment schedules and sale of property for default, consistent with policies established by ordinance. (Ord. No. 757-05, § 2, 10-17-05; Ord. No. 775-07, § 67, 12-26-07)

Denver Revised Municipal Code § 20-263 Local public improvement bonds.

Sec. 20-263. - Local public improvement bonds. Procedures for the issuance and the calling of local public improvement bonds shall be as provided by section 20-94. (Ord. No. 757-05, § 2, 10-17-05)

Denver Revised Municipal Code § 20-264 City funding of local public improvements in lieu of bonds.

Sec. 20-264. - City funding of local public improvements in lieu of bonds. As an alternative to the issuance of local public improvement bonds pursuant to section 20-94 to fund local public improvements, the city and county may establish a local public improvement revolving fund for the purpose of financing such local public improvements with funds of the city and county. Such local public improvement revolving fund shall be funded through appropriations made by the city council and by the assessments made for such local public improvements on the property especially benefited thereby. All assessments made for local public improvements financed with moneys from such local public improvement revolving fund shall be deposited in such local public improvement revolving fund and utilized for additional local public improvements. (Ord. No. 757-05, § 2, 10-17-05)

Denver Revised Municipal Code § 20-265 Surplus and deficiency fund.

Sec. 20-265. - Surplus and deficiency fund. Where all outstanding bonds have been paid in a public improvement district for which bonds were issued, and any money remains to the credit of the 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 the fund. Any income derived from the investment of the special surplus and deficiency fund may be transferred by ordinance to the bonded indebtedness interest fund and the sinking fund, subject to the following conditions. No such transfer shall cause the balance in the fund immediately after the transfer to be less than twenty-five (25) percent of the principal amount of all local improvement district bonds then outstanding and not defeased, and no such transfer shall be made unless all local public improvement district bonds issued prior to the transfer and remaining outstanding and not defeased on the date of the transfer provide that the purchaser thereof waives any contractual rights such purchaser may have to the money permitted herein to be transferred. In addition, for bonds issued on behalf of a public improvement district prior to July 1, 1995, whenever a public improvement district has paid and cancelled four-fifths (⅘) 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 the special surplus and deficiency fund, then the city and county shall pay the bonds when due and reimburse itself by collecting the unpaid assessment due the district. (Ord. No. 757-05, § 2, 10-17-05)

Denver Revised Municipal Code § 20-266 Limitations of actions.

Sec. 20-266. - Limitations of actions. No action or proceeding, at law or in equity, to review any acts or proceedings, or to question the validity or enjoin the performance of any act, or the issuance or collection of any bonds, or the levy or collection of any assessments, authorized herein, or for any other relief against any acts or proceedings pursuant hereto, whether based upon illegalities, irregularities or jurisdictional defects, shall be maintained, unless commenced within ninety (90) days after the performance of the act or the passage of the resolution or ordinance complained of, or else be thereafter perpetually barred. (Ord. No. 757-05, § 2, 10-17-05)

Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH20FI_ARTXLOPUIMDIFetched: 10/27/2026