HomeMy WebLinkAbout194 - 01/05/1988 - AMENDING CITY CODE RELATING TO CHANGES IN LOCAL PUBLIC IMPROVEMENT DISTRICTS ORDINANCE NO. 194, 1987
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 22-38 OF THE CODE OF THE
CITY OF FORT COLLINS RELATING TO CHANGES
IN LOCAL PUBLIC IMPROVEMENT DISTRICTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section
22-38 of the Code of the City of Fort Collins is hereby amended to read as
follows:
Sec. 22-38. Changes restricted.
All proceedings pertaining to the District may be modified or
rescinded wholly or in part by the Council at any time, subject
to the provisions of this section. If such modification or
rescission occurs prior to the first publication or mailing of
notice to property owners and prior to the commencement of
improvements , the Council shall act by resolution . If
modification or rescission occurs subsequent to either such
event, the Council shall act by ordinance and the following shall
apply:
(1) The notice and hearing procedure described in §22-61(b)
of this Chapter shall be repeated, and all changes in the
information referred to therein shall be described with
particularity.
(2) Modification or rescission shall be permitted only upon
the written consent of all property owners within or
proposed to be included within the District. Additional
written consents may be required, in the discretion of
the City Engineer or City Attorney, from any lienholders
or other persons whose interests may be adversely
affected by the proposed modification or rescission.
(3) No proceedings pertaining to the District shall be
modified or rescinded subsequent to the issuance of bonds
for the District if, in the judgment of the city, to do
so would impair the rights of the city or the
bondholders.
(4) Changes in District boundaries shall be permitted only
under the following circumstances:
a. The change will result in the inclusion of additional
properties within the District. No change resulting
in the exclusion of existing District properties will
be permitted.
b. Additional properties to be included within the
District will be specially benefited in amounts at
least equal to the amounts of the assessments to be
levied upon such properties, and the total cost of
the improvements will be apportioned among the
properties in the District in fair approximation to
the special benefits conferred.
c. The change will not result in any increase in the
amount of any individual property assessment or the
amount of any annual installment payment to be made
by any property owner within the District.
(5) Except as provided in paragraph (3) of this section,
approval or rejection of any proposed modification or
rescission shall be discretionary with the Council and
shall be determined according to the public interest.
(6) In the event that any modification or rescission approved
by the Council is invalidated by order of court, the
original proceedings as first adopted by the Council
shall be automatically reinstated and shall be deemed to
have been continuously in full force and effect as though
no modification or rescission thereof had occurred.
Notwithstanding the foregoing, the City Engineer shall have the
right to make minor changes in time, plans and materials
pertaining to the improvements to be constructed within the
District at any time before the completion of said improvements.
Introduced, considered favorably on first reading and ordered
published this 15th day of December, A.D. 1987, and to be presented for
final passage on the 5th day of January, A.D. 19
M
City Clerk
1988.Passed and adopted on final reading thi 5th day of January, A.D.
TTEST:
City Clerk