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HomeMy WebLinkAbout103 - 08/05/1986 - AMENDING CITY CODE REGARDING COLLECTION OF ASSESSMENTS BY MUNICIPAL TREASURER ORDINANCE NO. 103, 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CERTAIN PROVISIONS OF CHAPTER 16 OF THE CODE OF THE CITY REGARDING COLLECTION OF ASSESSMENTS BY THE MUNICIPAL TREASURER WHEREAS, on April 17, 1986 the General Assembly of the State of Colorado passed into law House Bill 1184, which bill authorizes the collection of assessments for special improvement districts by the municipal treasurer in lieu of the county treasurer; and WHEREAS, the Council of the City of Fort Collins has determined that it is in the best interests of the citizens of the City that the Code be amended to provide for such alternative method of collection of assessments, and that the Code be amended accordingly. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 16 of the Code of the City be amended as follows: Section 1 . That Section 16-2 of the Code of the City be amended by the addition of a definition of "Municipal Treasurer" which provides as follows: MUNICIPAL TREASURER - For the purposes of this Chapter the Director of Finance of the City of Fort Collins shall serve as the Municipal Treasurer. Section 2. That Section 16-17(A) (6) be repealed and readopted to provide as follows: (6) Cost of collection, making the assessment and certifying the same to the MUNICIPAL OR County Treasurer for collection [not to exceed seven percent (7%) of the actual construction, engineering and acquisition costs] . Section 3. That Section 16-20. 1(B) be repealed and readopted to provide as follows: B. If the amount of the assessment against any property is reduced because of the limitation relating to value set forth in §16-20, the Department of Finance shall cause to be recorded with the Larimer County Clerk and Recorder, at the time the assessment roll for the district is certified to the MUNICIPAL OR County Treasurer, a statement which shall contain the amount of the reduction in the assessment or assessments; the descrip- tion of the property or properties involved; the designation of the district; the description of the improvements installed in the district; and a statement that no construction of addition- al improvements may be made on such property until the amount of the reduction made in the assessments has been repaid to the city or such repayment provided for. Section 4. That Section 16-20. 1(C) be repealed and readopted to provide as follows: C. At any time after the assessment roll is certified to the MUNICIPAL OR County Treasurer, the owner, or owners, of any property as to which assessments were reduced pursuant to §16-20 may pay the City an amount equal to the assessment that would have been due under the assessing ordinance had the full assessment been made, less the assessment actually paid, and agree in writing to have the balance of the portion not assessed initially assessed against such owner's property. In such event, the Director of Finance shall certify to the MUNICIPAL OR 4-ar-#w- County Treasurer an amendment to the assessment roll , and thereafter the full remaining assessment shall be payable and shall be a lien on the property of such owner as if the full assessment was originally made against such property. Section 5. That Section 16-25(B) be repealed and readopted to provide as follows: B. Upon the expiration of said thirty-day period, the Director of Finance shall deliver the local assessment roll , showing all payments made thereon, with the date of each payment, and, after adding two percent (2%) on the amount due against each property to cover the cost of collection, certified by him under the seal of the city, attested by the City Clerk, the MUNICIPAL OR County Treasurer e�--6axamee- ��, with his warrant for collection of the same. The MUNICIPAL OR County Treasurer shall receipt for the same and shall pay over to the Director of Finance the amount collected on such assessment roll , less his fee for collection, on the first day of each and every month in the same manner as general taxes are paid by the MUNICIPAL OR County Treasurer to the city. Section 6. That Section 16-26 of the Code of the City be repealed and readopted to provide as follows: §16-26. Receiving of payments; sale of property for default. The MUNICIPAL OR County Treasurer shall receive payment of all assessments against any real estate appearing upon said last mentioned assessment roll , with interest, and in case of default in the payment of any installment of principal or interest, for the period of one (1) year after the same becomes due and payable, he THE COUNTY TREASURER (OF HIS OWN VOLITION, OR IF THE MUNICIPAL TREASURER IS COLLECTING SUCH ASSESSMENTS, UPON CERTIFICATION BY THE MUNICIPAL TREASURER OF THE WHOLE AMOUNT OF THE UNPAID ASSESSMENTS) shall advertise and sell any and all real estate concerning which default is suffered, and said sales and advertisements shall be made at the same time or times in the same manner and under all the same conditions and penalties and with the same effects as are now prescribed by the general laws of the State of Colorado for the -2- sale of real estate in default of the payment of general taxes. At any sale by the County Treasurer or any real estate in the City of Fort Collins for the purpose of paying any special assessment for local improvements, the Director of Finance, being duly authorized by the City Council , may purchase any such real estate without paying for the same in cash, and shall receive certificates of purchase in the name of the city; such certificates shall be received and credited at their face value, with all interest and penalties accrued, to the Director of Finance on account of the assessment in pursuance of which the sale was made. Said certificates may thereafter be sold by the Director of Finance at their face value, with all interest and penalties accrued, and by him interest and penalties accrued, and by him assigned in the name of the city, and the proceeds credited to the funds created by ordinance for the payment of such assessments respectively. Such assignment shall be made without recourse upon the city, and the sale and assignment shall operate as a lien in favor of the city and of the holders of such certificates, as is provided by law in the case of sales or real estate for default in the payment of general taxes in the State of Colorado. Section 7. That Section 16-27. 1 of the Code of the City be repealed and readopted to provide as follows: §16-27. 1 . Reallocation of assessments. In the event that any tract or parcel of land subject to assessments made under this chapter is divided into smaller parcels, the remaining unpaid assessment shall continue as a lien on the entire original tract against which the assessment was made unless all owners of all parcels constituting the original tract agree in writing on the allocation of the remaining assessment against such smaller parcels and the Director of Finance accepts such reallocation. If a reallocation of the remaining assessment is agreed upon by all owners and accepted by the Director of Finance, the Director of Finance shall certify an amended assessment roll to the MUNICIPAL OR County Treasurer setting forth the agreed upon reallocation, and thereafter the assessments as shown by the amended assessment roll shall constitute the assessment against such separate parcel as if the assessments were initially so made. Prior to the sale of a portion of a larger tract subject to one (1) assessment, the owner of such tract may propose in writing to the Director of Finance an allocation of such assessment against particular parcels within such tract. If such proposal is accepted by the Director of Finance, he shall prepare and certify to the MUNICIPAL OR County Treasurer an amended assessment roll for such tract in the manner aforesaid, and thereafter the assessments as shown on the amended assessment roll shall constitute the assessments against each separate parcel as if the assessments were initially so made. Notwithstanding the foregoing, no such division of land or reallocation shall result in -3- an assessment being made against publicly owned lands or rights-of-way or against open areas, green belts or similar lands when such lands are vested in fee ownership separate from that of the adjacent improvements benefitting therefrom. Introduced, considered favorably on first reading and ordered published this 15th day of July, A.D. 1986, and to be presented for final passage on the 5th day of August, A.D. 1986. Mayor All ATTEST: ^ City Clerk Passed and adopted on final reading this 5th day of August, A.D. 1986. Mayor ATTEST: l� City Clerk -4-