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HomeMy WebLinkAbout104 - 11/21/1978 - ESTABLISHING AN ASSESSMENT DEFERMENT PROGRAM FOR SINGLE FAMILY AND TWO-FAMILY DWELLINGS LOCATED WITH ORDINANCE NO 104, 1978 ESTABLISHING AN ASSESSMENT DEFERMENT PROGRAM FOR SINGLE FAMILY AND TWO-FAMILY DWELLINGS LOCATED WITHIN THE DOWNTOWN IMPROVEMENT DISTRICT NO 1 WHEREAS, the Downtown Improvement District No 1 (herein- after sometimes referred to as the "Special Improvement District (SID) ") was created for the purpose of improving the visual appearance of streets and other public ways and to make such streets and other public ways better in accomodating pedestrian and vehicular traffic within the District and including construction and reconstruction of sidewalks, curbs, gutters, and streets, installation of planters and landscaping; installation of canopies and benches in the sidewalk areas; installation of plazas, installation of street lighting, signalization for traffic, and other allied improvements, and WHEREAS, in order to provide such facilities, Council has assessed property within the SID, and WHEREAS, the property within the SID include many properties which are now the site of single family or two-family structures, and WHEREAS, the properties now utilized as sites for single family or two-family structures will not receive commercial benefit from the .improvements to be installed through the SID, and WHEREAS, such properties will benefit from the improvements to be installed if and when the present use is abandoned and they are devoted to other more intensive uses, and WHEREAS, the Council recognizes that the payment of the assessments on account of such residential properties creates an unjustified hardship; but if, in the future, such properties are converted to other uses, the payment on account of such properties should be required the same as other properties have previously made NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS. Section 1 There is hereby established an assessment deferment program to provide relief from the assessments imposed by the SID on properties utilized as the site of single family or two-family structures Section 2 Deferments under this program shall be made for the owners of property qualified for such deferment upon written application therefor made to the Dsrector of Finance of the City of Fort Collins Such deferment shall continue in force and effect until such time as said properties are converted to other more intensive uses. Section 3 In order to be entitled to the assessment deferment under this program, all of the following requirements and conditions must be met. A The property to which the deferment applies must be utilized as the site of a single family or two-family residence B Any owner applying for a deferment under this program shall be required to enter into a contract with the City of Fort Collins requiring that an amount equal to the total assessment deferred pursuant to this ordinance on account of the property be paid to the City of Fort Collins before such property is used for any purpose other than the site for a single family or two-family residence Such contract shall waive any right to obtain a building permit to remodel the improvements on the property or to construct new improvements for the purpose of accomodating any uses other than a single family or two-family use Section 4 In construing this ordinance, the following words, terms, and phrases shall be deemed to have the following meanings SINGLE FAMILY RESIDENCE or SINGLE FAMILY DWELLING - A detached building occupied and used as a residence by not more than one family with accessory uses relating to such occupancy but not including any business, commercial or professional use TWO-FAMILY RESIDENCE or TWO-FAMILY DWELLING - A detached building occupied and used by two families living independently of each other including accessory uses relating to such residential use but not including any business, commercial or professional use. FAMILY - An individual or two or more persons related by blood or marriage or an unrelated group of not more than three persons living together in a dwelling OWNER - The fee title owner of a property unless the property is the subject of a contract of sale under which the purchaser has a current right to possession of the property, in which case such purchaser shall be considered to be the owner of the property for the purposes of this ordinance -2- Section 5 The Director of Finance of the City of Fort Collins shall have the power to formulate and promulgate rules and regulations for the administration of this assessment deferment program not inconsistent with the provisions of this Ordinance Introduced, considered favorably, on first reading and ordered published this 24th day of October, A D 1978, and to be presented for final passage on the 21st da of November, 1978 M o ATTEST Ci y Clerk Passed and adopted on final reading this 2 ay of November, 1978 Mayo3jV I _ . . ATTEST- City 711erk I -3-