HomeMy WebLinkAbout129 - 10/18/1983 - AMENDING CHAPTER 16 OF THE CITY CODE RELATING TO THE ORGANIZATION OF IMPROVEMENT DISTRICTS ORDINANCE NO. 129 , 1983
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 16 OF THE CODE OF THE CITY
WHEREAS , the Council has determined that certain amendments are
necessary and desirable with respect to the provisions of Chapter 16 of
the Code of the City in order to better facilitate the formation, manage-
ment and administration of such special improvement districts to enable
such districts to be established upon flexible terms and conditions .
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 in the following
particulars:
Section 1. That Section 16-6(A) be amended to provide as follows:
§16-6 Organizing improvement districts.
A. Before ordering any improvements to be constructed pursuant
to this Chapter, the City Council shall , by resolution ,
approve the plans, specifications, map and estimate of the
Director of Public Works. Such resolution or a resolution to
be subsequently adopted shall determine the amount or pro-
portion of the total cost, if any, to be paid by a method
other than assessments against property in the district, the
estimated number of annual installments (not to exceed
twenty) , the rate of interest to be charged on unpaid in-
stallments, the property to be assessed for the improvement,
the method of making such assessments and the date when the
Council will hold a hearing and consider the ordering by
ordinance of the proposed improvement. In establishing the
rate of interest to be charge on unpaid installments,
the Council may provide that the interest rate will be the
interest rate payable on bonds to be issued by the district.
In such event, a maximum interest rate shall be established
by the Council , and the rate of interest charged on unpaid
installments shall not exceed such maximum rate.
Section 2. That Section 16-8 of the Code of the City be amended to
provide as follows:
§16-8 Maximum Cost of Improvements.
The total cost of the improvements shall not exceed by more
than ten percent (10%) the amount of the estimate of the Director
of Public Works for the cost of the improvement, unless the
Council shall find and determine that the public interest re-
quires the. making or acquisition of the improvement or any part
thereof at such higher cost. The foregoing limitation on maximum
cost for improvements shall not apply when all the owners of
property to be assessed in a district expressly waive the limita-
tion in writing.
Section 3. That Section 16-9 of the Code of the City be amended by
the deletion of the word "Engineer" and the addition in place thereof of
the words "Director of Public Works, or designated representative."
Section 4. That Section 16-16 of the Code of the City be amended to
provide as follows:
§16-16 Existing Improvements.
A. If any piece of real estate in the district has existing
improvements conforming or approximately conforming to the
general plan of the City Council , the City may accept the
same in whole or in part or make necessary changes so that
the same shall conform to the general plan and such conform-
ing improvements shall be excluded from the District,
without assessment to the property benefited by such improve-
ments.
B. In a district formed upon the petition of one hundred
percent (100%) of the property owners, the City may also
purchase existing improvements at the owners' cost as veri-
fied by the City, and include the purchase price in the cost
of the district for the purpose of determining the amount of
the assessments.
Section 5. That Section 16-17(A) of the Code of the City be amended
to provide as follows:
§16-17 . Statement of cost; preparation of assessment roll .
A. Upon the completion of any local improvement and acceptance
thereof by the City Council , the Director of Finance shall
prepare a statement showing the whole cost of the improve-
ment, including:
(1) actual construction costs
(2) engineering costs
(3) acquisition costs of (a) existing improvements and (b)
rights-of-way
(4) interest accruing on bonds issued to pay the cost of
improvements up to the date when such costs will be
assessed
(5) legal fees, publication, administration, financing, and
other incidentals incurred in connection with the im-
provements (not to exceed 20% of actual construction,
engineering, and acquisition costs)
(6) cost of collection, making the assessment and certifying
the same to the County Treasurer for collection (not to
exceed 7% of the actual construction, engineering, and
acquisition costs) ."
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Section 6. That Section 16-27.1 of the Code be amended by the addi-
tion of the following sentence: Notwithstanding the foregoing, no such
division of land or reallocation shall result in an assessment being made
against publicly owned lands or rights-of-way or against open areas ,
greenbelts, or similar lands when such lands are vested in fee ownership
separate from that of the adjacent improvements benefitting therefrom.
Section 7 . That Section 16-29 of the Code of the City be amended to
provide as follows:
§16-29. Calling of bonds for redemption.
Whenever there are available funds in a district, the Director of
Finance may call in and pay a suitable number of. District Bonds
outstanding by giving notice in such a manner as may be provided
in the proceedings authorizing the bonds. On the date designated
on the Notice of Redemption, interest on the bonds so called
shall cease. . The notice shall specify by number the bonds
called, and such calls shall be made in the manner provided in
the proceedings authorizing the bonds. The Director of Finance
shall call in and pay District Bonds in a timely manner so that
the available funds would not cause the bonds to be "arbitrage
bonds" under Section 103(c) of the Internal Revenue Code of 1954,
as amended, and the regulations prescribed thereunder.
Section 8. That Section 16-38 of the Code be amended by the addition
of the following sentences: Any of the provisions of this Chapter not
expressly waived in writing under this or other sections may be waived
through agreement between or among the City and the affected property
owners. In order to be effective, such, waiver must be in writing, and
signed by the owners of all properties in the district which are to be
assessed, and the City Manager. The authorization for such an agreement
shall be contained within the Ordinance establishing the district.
Introduced, considered favorably on first reading, and ordered pub-
lished this 4th day of October, A.D. 1983, and to be presented for final
passage on the 18th day of October, A 1983.
Ma or '
ATTEST:
441k)N� .
City Clerk
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Passed and adopted on final reading by the Council of the City of Fort
Collins at a regular meeting held this 18th day of October, A.D. 1983.
Ma r
ATTEST:
City Clerk
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