HomeMy WebLinkAbout134 - 12/03/1991 - AMENDING LIEN ENFORCEMENT PROVISIONS OF THE CITY CODE PERTAINING TO SPECIAL IMPROVEMENT DISTRICTS ORDINANCE NO. 134, 1991
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LIEN ENFORCEMENT PROVISIONS OF THE CODE
OF THE CITY OF FORT COLLINS PERTAINING TO SPECIAL
IMPROVEMENT DISTRICTS
WHEREAS, the City is empowered by both state and local law to construct
local improvements through the creation of special improvement districts and to
assess the cost of such improvements upon the property especially benefitted
thereby; and
WHEREAS, the levy and collection of assessments for local improvements is
a matter of purely local concern; and
WHEREAS, the City Council is desirous of modifying and expanding upon the
procedures in the City Code pertaining to the collection of special assessments ;
and
WHEREAS, except to the extent modified by local ordinance, the statutes of
the State of Colorado pertaining to special improvement districts, so far as
applicable, shall continue to apply to the local construction of special
improvements and the levy and collection of special assessments.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1 . That Section 22-97 of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec. 22-97. Receiving of payments; sale of property for default.
(a) The city's Financial Officer or county Treasurer shall
receive payment of all assessments on any real estate appearing upon
the assessment roll , with interest. If a property owner is in
default in the payment of any installment of principal or interest
after it becomes due and payable, the county Treasurer shall
advertise and sell the real estate in default, either upon his or
her own volition if he or she is responsible for collecting the
assessments or, if the city's Financial Officer is collecting the
assessments, upon certification by the Financial Officer of the
whole amount of the unpaid assessments. The advertisement and sale
shall be made at the same time, 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 for the sale of real
estate in default of the payment of general taxes. At any sale by
the county Treasurer of any real estate in the city for the purpose
of paying any special assessment for local improvements, the
Financial Officer, being duly authorized by the Council , may
purchase any such real estate without paying in cash and shall receive
certificates of purchase in the name of the city. No such specific
authorization by the Council shall be required when there is no bid for
any property offered for sale by the county Treasurer and such property is
stricken off to the city as required by law.
(b) Any certificates of purchase received by the city through
foreclosure of its liens for special assessments shall be received
by the Financial Officer. The certificates may be sold and assigned
by the Financial Officer at their face value with all interest and
penalties accrued in the name of the city, or for less than their
face value if approved by the City Council under the provisions of
§ 23-111 . Such assignment shall be made without recourse upon the
city. The sale and assignment shall operate as a lien in favor of
the holders of such certificates as provided by law for sales of
real estate for default in the payment of general taxes in the
state.
(c) The city shall have the right to apply for deeds on any
certificates of purchase which are presented to the county Treasurer
or other proper officer empowered by law to sell real estate under
the particular foreclosure procedure utilized by the city. In order
to obtain title to property for which a certificate of purchase has
been issued to the city, the Financial Officer may pay from the
general fund of the city all general taxes, including all interest
and penalties thereon, and any fees and costs associated therewith,
which may have become due or past due on such property.
(d) Cumulatively with all other remedies, if the city is the
owner of property by virtue of a tax deed or is the owner of
property otherwise acquired in satisfaction or discharge of the
liens represented by certificates of purchase, it may sell such
property for the best price obtainable at public sale or auction or
by sealed bids, or by such other method of sale which may be
approved by the City Council .
(e) The proceeds of any sale of certificates of purchase held by
the city, and the proceeds of the sale of any real property acquired
by the city through the foreclosure of a special assessment lien,
shall be credited to the fund created by ordinance for the payment
of such assessments respectively. The city shall deduct therefrom
all expenses incurred in securing deeds and taking proceedings for
the sale or foreclosure, including without limitation: publication
costs; costs of sale; service of process fees; attorney' s fees;
title insurance costs, including costs for foreclosure certificates
or litigation guarantee certificates; fees paid to the county
Treasurer; and any general taxes due or past due on such property,
all interest and penalties thereon, and any fees and costs
associated therewith. In the event that the amount to be credited to
the special assessment fund, after the deduction of expenses,
exceeds the amount of principal and accrued interest remaining to be
paid on the bonds issued to pay the cost of constructing the
improvements for which the property was assessed, or refunding
bonds, the city may transfer such excess proceeds into the city' s
surplus and deficiency fund, to be expended for the purposes for
which such fund is established, or to the general fund of the city
to be utilized for any municipal purpose approved by the Council .
(f) When the city has sold or conveyed at fair market value
certificates of purchase or property which it has acquired in
satisfaction or discharge of special assessment liens, or has sold
certificates of purchase for less than face value according to the
procedures provided in § 23-111, such sales and conveyances are
hereby validated and confirmed as against all parties having or
claiming any interest in such property or the proceeds of such sale.
Section 2. That nothing herein shall be construed as invalidating any
actions or proceedings undertaken by the City in collecting assessments or
foreclosing any special assessment lien prior to the effective date of this
ordinance, and the validity of all certificates of purchase and tax deeds
previously acquired by the City by virtue of any such foreclosure proceeding is
hereby ratified and affirmed.
Introduced, considered favorably on first reading, and ordered published
this 19th day of November, A.D. 1991, and to be presented for final passage on
the 3rd day of December, A.D. 1991.
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Mayor /
ATTEST:
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City CO /iClerK
Passed and adopted on final reading this 3rd day of December, A.D. 1991 .
JA4 AA
Mayor
ATTEST:
City Clerk
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