HomeMy WebLinkAbout074 - 05/16/1989 - AMENDING ORDINANCE NO. 129, 1984 AND ORDINANCE NO. 25, 1986 ADDING PROPERTY TO THE HEART SPECIAL IMP ORDINANCE NO. 74, 1989
OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, AMENDING
ORDINANCE NO. 129, 1984 AND ORDINANCE NO. 25, 1986 OF THE CITY OF
FORT COLLINS, COLORADO ADDING PROPERTY TO THE CITY OF FORT COLLINS,
COLORADO HEART SPECIAL IMPROVEMENT DISTRICT NO. 84
WHEREAS, on October 30, 1984, the City Council (the "Council ") of the
City of Fort Collins, Colorado (the "City") passed and adopted on final
reading Ordinance No. 19, 1984 of the City (the "Creation Ordinance")
creating the Heart Special Improvement District No. 84 (the "District") for
the purpose of acquiring, constructing, and installing street, water,
sanitary sewer, storm drainage, and irrigation ditch improvements within
specified boundaries of the District, all pursuant to Chapter 22 of the
City Code; and
WHEREAS, on March 4, 1986, the Council passed and adopted on final
reading Ordinance No. 25, 1986 (the "Assessing Ordinance") , assessing the
cost of the District Improvements upon the real property in the District,
providing for the payment and collection of such assessments, and
accepting, ratifying, and approving the revised District assessment roll ;
and
WHEREAS, subsequent to final passage and adoption of the Assessing
Ordinance, Troutman Partnership, a Colorado general partnership ("Troutman
Partnership") has acquired certain property located within the District,
and is responsible for payment of District assessments against that portion
of the property described on "Exhibit A, " attached and incorporated by
reference (the "Troutman Property") , which is presently included within the
District; and
WHEREAS, Troutman Partnership has submitted a petition to the City
requesting the amendment of the District boundaries to encompass all of the
Troutman Property, and reallocation of the assessments against the Troutman
Property on an equal square-foot basis across the entire Troutman Property;
and
WHEREAS, §22-38 of the City Code authorizes the Council to amend the
District boundaries by Ordinance provided that notice and an opportunity
for hearing have been provided to all affected persons, all property owners
in the District have consented in writing to the amendment, the amendment
would not impair the rights of the City or the bondholders, the amendment
will result in the inclusion of additional property within the District,
the property to be included will be specially benefited in an amount at
least equal to the amount of the assessments to be levied upon such
property, and the amendment will not result in the increase of any
individual property assessment; and
WHEREAS, notice of the proposed amendment in the District boundary and
the hearing thereon has been published in accordance with §22-38 and
§22-61 (b) of the City Code; and
WHEREAS, the proposed amendment to the boundaries of the District
meets the requirements contained in §22-38 of the City Code, and would
enhance the security for payment of the District bonds.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. The Council hereby finds and determines that all
requirements of §22-38 and §22-61(b) of the City Code have been met.
Section 2. The Council hereby amends Ordinance No. 129, 1984, and
Ordinance No. 25, 1986, of the City to include all of the Troutman Property
within the District, as described on Exhibit A.
Section 3. The District assessments presently allocated to that
portion of the Troutman Property previously included in the District shall
be reallocated by the Financial Officer on an equal per-square-foot basis
across the entire Troutman Property.
Section 4. All provisions of Ordinance No. 129, 1984 and Ordinance
No. 25, 1986 of the City not specifically amended by this Ordinance shall
remain in full force and effect.
Section 5. If any person challenges this Ordinance in any legal or
equitable proceeding, and if, as a result of such challenge, this Ordinance
is repealed or the District boundary amendment and assessment reallocation
are otherwise nullified, all provisions of Ordinance No. 129, 1984 and
Ordinance No. 25, 1986 as constituted prior to their amendment by this
Ordinance shall remain in full force and effect.
Section 6. If any provision of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be affected thereby.
Introduced, considered favorably on first reading, and ordered
published this 2nd day of May, A.D. 1989, and to be presented for final
passage on the 16th day of May, A.D. 1989. \
\ E r
Mayor
ATTEST-
City Clerk
Passed and adopted on final reading this 1 h day of May, A.D. 1989.
Mayor
ATT ST:
City Clerk
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