Sec. 118-31. Districts initiated by petition.
(a) All petitions for the creation of a special improvement district shall be made on forms approved by the city clerk or the city clerk's designee. At a minimum, said petition shall include the following information:
(1) The name of each property owner within the proposed district;
(2) A legal description of the proposed district;
(3) The address and legal description of each lot or parcel of land within the proposed district;
(4) A description of the improvements to be constructed within the proposed district and their location;
(5) A description of the various costs that are associated with the improvements and of the method by which such costs will be assessed;
(6) An estimate of the amount to be assessed against each lot or parcel of land within the proposed district;
(7) A request for the organization of the district; and
(8) The date upon which the petition form is approved by the city clerk or the city clerk's designee.
(b) Each property owner shall sign his or her own signature and print the date of signing the petition.
(c) In determining the sufficiency of a petition, signatures representing a particular lot or parcel within the proposed district shall not be counted unless each record owner, or such owner's authorized representative, has signed the petition.
(d) To each petition shall be attached a notarized affidavit of the circulator, stating the following:
(1) The name and address of the circulator;
(2) The circulator actually circulated the petition;
(3) Each signature on the petition was affixed in the circulator's presence;
(4) To the best of the circulator's knowledge and belief, each person signing the petition was at the time of signing an owner of property within the proposed district; and
(5) The date the circulator signed the affidavit.
(e) The city clerk shall not accept any petition for filing unless such petition has attached thereto a notarized affidavit meeting the requirements of this section.
(f) Upon the filing of any petition for the creation of a special improvement district, the city clerk shall have 15 business days within which to determine whether the petition contains the number of signatures required by law. Petition representatives may submit additional signatures throughout the course of this 15-business day period. No signature on the petition is valid if the date upon which the petition form is approved by the city clerk or the city clerk's designee is more than six months prior to the date of filing the petition with the city clerk.
(g) After the filing of a petition, no property owner shall be permitted to withdraw his or her signature from the petition.
(h) At the close of the 15-business day period, the clerk shall issue a certificate stating whether the petition contains a sufficient number of signatures to cause a public hearing to be held regarding the creation of a special improvement district. If the clerk issues a certificate of sufficiency, the petition shall be presented to the city council without further amendment, whereupon council shall consider whether to issue the preliminary order required by § 31-25-503(3), C.R.S.
(i) Nothing in this section shall preclude the right of any property owner within the proposed district from filing a written complaint or objection on or prior to the date of any public hearing concerning the creation of such district or the assessment of such owner's property. (Ord. No. 2010-17, § 1, 5-17-2010; Ord. No. 2007-14, § 1, 4-9-2007; Ord. No. 2004-05, § 1, 3-1-2004)