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<br />D. Service Charge. <br /> <br />e <br /> <br />The Urban Drainage and Flood Control District can charge <br />service fees for the use of its facilities or services and thereby <br />finance its improvements. C.R.S. ~~32-l1-2l7 (l)(e), 32-11-306 <br />provides: <br /> <br />"Such service charges may be charged to and <br />collected in advance or otherwise by the district <br />at any time or from time to time from any person <br />owning real property within the district or from <br />any occupant of such property which directly or <br />indirectly is, has been, or will be connected <br />with the drainage and flood control system of <br />the district or from which or on which originates <br />or has originated rainfall, other surface and <br />subsurface drainage, and storm and flood waters <br />(or any combination thereof) which have entered <br />or may enter such system, and such owner or <br />occupant of any slch real property shall be <br />liable for and shall pay such service charges <br />to the district at the time when and place where <br />such service charges are due and payable." <br /> <br />Storm a,d flood control facilities fall within the definition <br />of "sewerage facilities" defined in C.R.S. nO-35-401 (5), C.R.S. <br />~ ~31-35-402 (1) states: <br /> <br />In addition to the powers which it may now have, <br />any municipality, without any election of the <br />taxpaying .or qualified electors thereof, has <br />power under this part for (emphasis the editor's): <br /> <br />"(f) To prescribe, revise and collect in <br />advance or otherwise, from any consumer or <br />any owner or occupant of any real property <br />connected therewith or receiving service <br />therefrom rates, fees, tolls, and charges <br />or any combination thereof for the services <br />furnished by, or the direct or indirect <br />connection with, or the use of, or any <br />commodity from such water facilities or <br />sewerage facilities or both,..." <br /> <br />A service charge is neither a tax nor a special assessment but <br />is a fee whose sole purpose is to defray the cost of establishing <br />and maintaining a storm drainage and flood control utility. Western <br />Heights Land Corp. v. City of Fort Collins, 146 Colo. 464, 362 P.2d <br /> <br />. <br /> <br />(15) <br /> <br />1-15-80 <br />