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HomeMy WebLinkAbout016 - 03/18/1971 - AMENDING CHAPTER 15 OF THE CITY CODE RELATING TO LOCAL PUBLIC IMPROVEMENTS, THE CREATING OF SPECIAL \ T, ORDINANCE NO 16 1971 BEING AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS COLORADO 1958 AS AMENDED RELATING TO LOCAL PUBLIC IMPROVEMENTS THE CREATING OF SPECIAL IMPROVEMENT DISTRICTS AND THE ASSESSMENT OF THE COST OF LOCAL PUBLIC IMPROVEMENTS AGAINST PROPERTY SPECIALLY BENEFITTED THEREBY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 That Section 15 55 of the Code of Ordinances of the City of Fort Collins Colorado 1958 as amended be and the same hereby is amended to read as follows Section 15 55 Initiating Improvements A A public work or improvement the cost of which in whole or in part is to be assessed by the City against the property specially benefitted thereby may be initiated by the City Council on recommendation of the Director of Public Works or on petition of the property owners to be affected thereby B In case of an improvement or improvements to be initiated by the City Council the Council shall after first receiving a recommendation thereon from the Director of Public Works adopt a resolution which shall state the need for the nature and the location of the improvement or improvements to be made (with out mentioning minor details) and describe the area to be assessed for the same (by boundaries or other brief description) and direct the City Engineer to pre pare and present to the Council the following 1 Preliminary plans and specifications of such improvement or improve ments 2 An estimate of the probable total cost of such improvement including the cost of constructing or otherwise acquiring the improvement engineering legal and advertising costs interest during construction and until assessments are made by ordinance against the properties benefitted and other incidental costs 3 A map of the district to be assessed for the cost of the improvement or improvements C In case of an improvement or improvements to be initiated by petitions of property owners the petitions shall be on a form to be supplied by the City Engineer and shall be subscribed by the owners of at least one third (1/3) of the frontage to be assessed for such improvements in the case of improvements to streets (including street lighting) and by the owners of at least one per cent (1-) of the property to be assessed in the case of other improvements Upon receiving such petitions tre City Council shall adopt a resolution which shall state the nature and location of the improvement or improvements to be made and describe the" area to be assessed for the same (by boundaries or other brief description) and direct the City Engineer to prepare and present to the City Council a report as in the case of Council initiated improvements Thereafter the procedures shall be the same as in the case of improvement districts initiated by the Council provided that the Council may at any time prior to ordering the improvements by ordinance determine by resolution that the acquisition of the proposed improvement is not feasible or desirable for a reason or reasons stated in the resolution and any such resolution shall terminate the proceedings D Where the improvements initiated by the Council or petitioned for in different petitions are substantially the same such improvements may all be included in one district The Council may also incorporate improvements petitioned for into a district initiated by the Council In such cases however each separate area shall be considered as a separate area for purpose of remonstrance and assessment Section 2 That Section 15-56 of the Code of Ordinances of the City of Fort Collins Colorado 1958 as amended be and the same hereby is amended to read as follows Section 15 56 Organizing improvement districts A Before ordering any improvements to be constructed pursuant to this ordinance the City Council shall by resolution approve the plans specifications map and estimate of the City Engineer Such resolution or a resolution to be subsequently adopted shall determine the amount or proportion of the total cost if any to be paid by a method other than assessments against property in the district the number of installments and the time within which the cost of the improvements assessed against property in the district will be payable the rate of interest to be charged on unpaid installments 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 pro posed improvement B The City Council shall by publication once each week for two successive weeks in an official newspaper published in the City of Fort Collins and by mailing notice postage prepaid as first class mail to the last known address of each last known owner within the proposed land district whose property will be assessed for the cost of the improvement such addresses and owners being those appearing on the real property assessment rolls for general taxes of the County wherein said property is located give notice to the owners of property to be assessed and to all interested persons generally but without naming such owners or persons setting forth the following 1 The kind of improvement proposed without mentioning minor details or incidentals 2 The number of installments and the time in which the cost of such improvements will be payable 3 The rate of interest to be paid on unpaid and deferred installments 4 The extent of the district to be improved 5 The probable cost as shown by the total estimate of the City Engineer the maximum cost per front foot where assessment will be for front foot or per square foot where assessment will be made according to area and in case the assess ment shall be made otherwise than per front foot or by area the maximum amount to be assessed to any lot or lands or person according to the method of assessment to be used 6 The time not more than sixty (60) days nor less than thirty (30) days after the first publication and mailing when the City Council will consider the ordering by ordinance of the proposed improvement and hear all complaints and objections that may be made and filed in writing as hereinafter provided 7 That a map of the district estimate of cost schedule showing approximate amount per front foot or per square foot or otherwise to be assessed upon the several lots or parcels of land within the district and all proceedings of the City Council in the premises are on file and can be seen and examined in the City Clerks office during business hours at any time within said period before the hearing Section 3 That Section 15-57 of the Code of Ordinances of the City of Fort Collins Colorado 1958 as amended be and the same hereby is amended to read as follows Section 15-57 Objections and remonstrances A On the date fixed for the public hearing on the proposed ordinance ordering the improvement any and all property owners affected and any other person interested generally may appear and present their views in respect to the proposed improvement provided that any person who wishes to object to such improvement shall have prior to the date fixed for the hearing first have filed his objections to the same in writing with the City Clerk At the hearing the Council shall also consider all objections in writing filed with the City Clerk prior to the date fixed for the hearing whether or not the person objecting appears at the hearing Any objection to the regularity validity or correctness of the proceedings shall be deemed waived unless presented in writing in the time and manner herein specified B After the hearing upon the proposed improvements if the City Council shall determine that it is not for the public interest that the proposed improve ments or any part thereof be made and paid for the Council shall pass a motion to that effect and thereafter the proceedings for the improvements or the part thereof determined against by the motion shall cease C In the event the owners of more than fifty per cent (50-) of the frontage area or whatever other dimension constitutes the basis for the computation of the 2 proposed assessments present objections to the proposed improvements in the manner provided in this section the improvements shall not be ordered unless the City Council by an affirmative vote of _ 'all r - of its members finds and determines that the public interest requires the making or acquisition of the proposed improvements or any part thereof D No owner his heirs or assigns who shall have signed and not withdrawn from a petition for improvements shall be permitted to sign a remonstrance Remonstrances may be signed by agents or attorneys but in such event shall be accompanied by written power of attorney duly acknowledged giving authority to sign the same Each subscriber to a remonstrance shall include his residence address and the date of signing same and an affidavit shall be attached of some adult person that each subscription thereon is the signature of the person firm or corporation whose name it purports to be and that to the best knowledge and belief of the affiant thereof the person signing was at the time the owner of property to be assessed or the agent or attorney for the same E If the Council finds and determines that circumstances warrant such action it may except particular properties in the district from assessments or lower the amount of assessment against any particular property and charge the City at large with the amount so excepted or reduced from assessment Section 4 That Section 15 58 of the Code of Ordinances of the City of Fort Collins Colorado 1958 as amended be and the same hereby is amended to read as follows Section 15 58 Estimate of City Engineer No contract for umprovements shall be let for any amount exceeding by more than five per cent (5-) the amount of the estimate of the City Engineer for the actual cost of the improvement unless the Council shall find and determine that the public interest requires the making or acquisition of the improvement or any part thereof at such higher cost and orders that the City at large pay such excess cost Section 5 That Section 15 59 of the Code of Ordinances of the City of Fort Collins Colorado 1958 as amended be and the same hereby is amended to read as follows Section 15-59 Changes in district All proceedings may be modified or rescinded wholly or in part by resolution adopted by the Council at any time prior to the passage of the ordinance adopted and authorizing the project No substantial change in the district details preliminary plans or specifications shall be made after the first publication or mailing of notice to property owners whichever occurs first except for the deletion of a portion of a project and property from the proposed program and district The Engineer however shall have the right to make minor changes in time plans and materials entering into the work at any time before its completion Section 6 This ordinance shall be effective on the lst�day of April 1971 provided that all proceedings heretofore commenced for local improvements under Chapter 15 of the Code of Ordinances of the City of Fort Collins Colorado 1958 as amended shall be com- pleted in accordance with the procedures established by said Chapter 15 before the adoption of this ordinance Section 7 If any part section subsection sentence clause or phrase of this ordinance is for any reason held to be invalid such decision shall not affect the validity of the remaining portions of this ordinance The City Council hereby declares that it would have passed this ordinance in each part section subsection sentence clause or phrase thereof irrespective of the fact that any one or more parts sections subsections sentences clauses or phrases be declared invalid -3 Introduced considered favorably on first reading and ordered published this 25 th day of February A D 1971 and to be presented for final passage on the 18th day of March A D 1971 ay ATTEST City Clerk i Passed and adopted on final reading this 18 th day of March JA D 1971 M ATTEST 7 44 City Clerk 4-