HomeMy WebLinkAbout027 - 04/03/1990 - AMENDING CITY CODE RELATING TO ABATEMENT OF ASSESSMENTS ORDINANCE NO. 27, 1990
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 22-95 AND SECTION 22-97
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO ABATEMENT OF ASSESSMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows:
Section 1. That Section 22-95 of the Code of the City of Fort Collins
is hereby amended by adding a new Subparagraph (d) , to read as follows:
(d) Upon the application of an assessed property owner and
the recommendation of the Financial Officer, the City Council
may, by resolution, abate all or any portion of an assessment,
including principal , interest or penalty interest, when the
following circumstances exist:
(1) The principal amount of an assessment is greater than
the special benefit to the assessed property, or the
abatement or cancellation is necessary to prevent a
manifest injustice to the property owner because of an
irregularity in the proceedings by which the assessment
was imposed or collected;
(2) The abatement or cancellation is considered by the City
Council to be necessary to protect the financial
interests of the city;
(3) It is anticipated that adequate funds will be available
from the payment of assessments in the district, or
such funds have been appropriated by the Council from
other sources, to pay all principal and interest due on
any special assessment bonds issued by the city for the
construction of improvements in the district; and
(4) The abatement or cancellation would not contravene any
covenant made by the city for the benefit of the
holders of such special assessment bonds.
Any abatement or cancellation of assessments under this provision
shall be discretionary with the City Council ; and the decision
whether to submit a property owner's application for abatement or
cancellation to the Council shall be discretionary with the
Financial Officer. The right of a property owner to seek such
abatement or cancellation shall in no way be construed as
extending the applicable period of time, under the relevant
provisions of law, within which a legal or equitable action must
be commenced to set aside an assessment or to enjoin the
collection of an assessment; nor shall this provision be
construed as restoring to a property owner any right which has
been waived under the provisions of § 22-94.
Section 2. 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.
The municipal or county Treasurer shall receive payment of
all assessments on any real estate appearing upon the assessment
roll with interest. If the person is in default in the payment
of any installment of principal or interest after it becomes due
and payable, the county Treasurer, of his or her 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 the real estate
in default. 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 City Council , may
purchase any such real estate without paying 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 by the Financial Officer
on account of the assessment in pursuance for which the sale was
made. 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 . In either event, the proceeds of any such sale shall be
credited to the funds created by ordinance for the payment of
such assessments respectively. Such assignment shall be made
without recourse upon the city. The sale and assignment shall
operate as a lien in favor of the city and 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.
Introduced, considered favorably on first reading, and ordered
published this 20th day of March, A.D. 1990, and to be presented for final
passage on the 3rd day of April , A.D. 1990.
Mayor
A TEST:
City Clerk
Passed and adopted on final reading this 3rd day of April , A.D. 1990.
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Mayor
ATT,�ST:
City Clerk