HomeMy WebLinkAbout045 - 07/20/1976 - ADOPTING A PROCEDURAL ORDINANCE FOR THE CITY RELATING TO THE CREATION OF LOCAL PUBLIC IMPROVEMENT DI ORDINANCE NO 45 1976 f
BEING AN ORDINANCE ADOPTING A PROCEDURAL ORDINANCE FOR
THE CITY OF FORT COLLINS RELATING TO THE CREATION OF
LOCAL PUBLIC IMPROVEMENT DISTRICTS WITHIN THE CITY
PROVIDING FOR SUCH DISTRICTS TO BE INITIATED BY RESOLU-
TION OF THE CITY COUNCIL, AND PROVIDING FOR A HEARING
THEREON, PROVIDING FOR AN ELECTION IF OBJECTIONS AND
PROTESTS ARE FILED BY THE OWNERS OF 40% OR MORE OF THE
TAXABLE PROPERTY WITHIN THE DISTRICT
WHEREAS, the City Council has determined that there is a
need for off-street parking facilities, together with other
public improvements , in the downtown area of the City, and
WHEREAS Section 6, Article XX of the Constitution of the
State of Colorado provides in part that Home Rule Cities and
Towns " shall have the powers set out in Sections 1, 4, and
5 of this article, and all other powers necessary requisite
or proper for the government and administration of its local
and municipal matters, including power to legislate upon,
provide, regulate, conduct and control
(e) The issuance, refunding and liquidation of all
kinds of municipal obligations including bonds
and other obligations of park, water and local
improvement districts ,
it is the intention of this article to grant and confirm to
the people of all municipalities coming within its provisions
the full right of self-government in both local and municipal
matters and the enumeration herein of certain powers shall not
be construed to deny such cities and towns , and to the people
thereof, any right of power essential or proper to the full
exercise of such right " and
WHEREAS the Legislature of the State of Colorado has
by the enactment of Title 31, Article 25, Part 6, Colorado
Revised Statutes 1973 (General Improvement District Act) ,
adopted a procedure for the creation of improvements therein
and the issuance of bonds for the payment of such costs , and
WHEREAS, Section 4 of the City Charter of the City
provides that "the City shall have all powers granted to
municipal corporations and to cities by the constitution and
general laws of this State, together with all the implied
powers necessary to carry into execution all the P Y ny powers granted
it is intended that the City shall have and may exercise
all powers of local self-government which, under the Constitu-
tion of this State, it would be competent for this charter
specifically to enumerate " and
WHEREAS, the City Council has determined that it is neces-
sary and advisable to adopt a procedural ordinance relating
to such districts , in order to provide the City with the great-
est flexibility in the creation of said districts and the con-
struction of public improvements therein and
WHEREAS, City Council has determined further that the
adoption of a procedural ordinance for such districts would be
a matter of local and municipal concern
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
Section 1 Pur ose and Intent The City Council hereby
finds and determines t at t e organization of local public
improvement districts , as authorized herein, will serve a pub-
lic use and will promote the health safety, prosperity, security
and general welfare of the inhabitants and property owners of
such districts The procedure for the creation of such dis-
tricts the construction of improvements therein, and the
issuance of bonds for the payment of the cost of construction
of said improvements, may be accomplished in accordance with
Title 31 Article 25, Part 6, Colorado Revised Statutes , 1973
(General Improvement District Act) , or may be undertaken as pro-
vided herein It is the purpose of this ordinance to provide
greater flexibility in the methods of creating such districts
and constructing such improvements and for the payment of the
same, so as to achieve the most efficient and equitable means
as possible This ordinance shall be broadly constrt,erl to accom-
plish these purposes
,
Section 2 Creation of the District In addition to the
organization of a district by petition in accordance with
Section 31-25-604 Colorado Revised Statutes 1973, a district
may be initiated directly by resolution of the City Council
declaring its intention to create a district and to construct
improvements therein If initiated by resolution of the City
Council, the resolution shall set forth the same information
and data required to be included in the petition for the
organization of such district, pursuant to Section 31-25-604(2)
The Resolution shall set a date and time for a hearing on the
creation of the district and provide for notice of the hearing
to be given in the same time and manner as if the district had
been initiated by petition
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Section 3 Hearing on the Creation of the District -
Oh ections and Protests t e strict is initiate y a
reso ution, the City Council shall, on the date indicated in
the resolution, or at any adjournment thereof, hear and
consider all objections and protests concerning the creation
of the district and the construction of improvements All
such objections and protests shall be in writing filed with
the City Clerk on or prior to the date of the hearing, shall
be signed by the property owner or owners and shall describe
the property in the proposed district owned by such owner If
objections and protests are filed by the owners of the prop- ;
erty representing more than 40% of the total assessed valuation
of the property within the proposed district, the City Council,
except as provided below, shall not create the district and
all proceedings for the formation of the district shall be
terminated The City Council, may, however, determine that
the creation of the district should be approved by the quali-
fied electors thereof, and accordingly, the City Council, by
resolution, shall order the question of organization of the
district to be submitted at an election of the qualified elec-
tors of the proposed district If such question is approved
by a majority of the qualified electors of the proposed district
voting thereon, the City Council shall proceed to create the
district in accordance with the provisions of Title 31 ,
Article 25, Part 6, Colorado Revised Statutes 1973
If there are no objections or protests, or if objections
and protests have been signed and filed by property owners
who own less than 40% of the total assessed valuation of
property within the proposed district, the City Council shall
then cause such district to be created in accordance with law
Section 4 Issuance of Bonds The Board of Directors
of the district may aut orize t e issuance of negotiable
coupon bonds of the district in the manner provided by Sec-
tion 31-25-620, Colorado Revised Statutes, 1973, for the
purpose of paying the costs of constructing and installing
and local public improvements therein
Section 5 Limitation of Actions After twenty (20)
days from the effective date-of any ordinance creating a
district, ordering improvements to be constructed therein,
or authorizing the issuance of bonds , no action may be
brought in any Court contesting the validity of any such ordi-
nance
Section 6 Severabilit That if any one or more sec-
tions or parts of tt lance shall be adjudged uenforce-
able or invalid, such judgment shall not affect, impair or
invalidate the remaining provisions of this Ordinance, it be-
ing the intention that the various provisions hereof are
severable
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Section 7 Repealer All Ordinances or parts thereof in conflict with
this Ordinance are hereby repealed
Section 8 Hearing In accordance with Article II, Section 7, of the
City Charter, the City Council shall consider the Ordinance on final passage,
at the regular meeting of the Council on Tuesday, July 6, 1976, at 5 30 p m
Section 9 Recording and Authentication This Ordinance, as adopted by
the City Council, shall be numbered and recorded, and the adoption and publica-
tion shall be authenticated by the signatures of the Mayor and City Clerk,and by
the certificate of publication, respectively
INTRODUCED AND PASSED ON FIRST READING this 6th day of July, 1976
( SEAL ) Mayor
ATTEST
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City Clerk
i
r
FINALLY ADOPTED AND APPROVED this 2Oth day of July, 1976
r
Mayor
( S E A L )
ATTEST
V
City Clerk
r
r
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