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HomeMy WebLinkAbout194 - 01/05/1988 - AMENDING CITY CODE RELATING TO CHANGES IN LOCAL PUBLIC IMPROVEMENT DISTRICTS ORDINANCE NO. 194, 1987 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 22-38 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO CHANGES IN LOCAL PUBLIC IMPROVEMENT DISTRICTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 22-38 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 22-38. Changes restricted. All proceedings pertaining to the District may be modified or rescinded wholly or in part by the Council at any time, subject to the provisions of this section. If such modification or rescission occurs prior to the first publication or mailing of notice to property owners and prior to the commencement of improvements , the Council shall act by resolution . If modification or rescission occurs subsequent to either such event, the Council shall act by ordinance and the following shall apply: (1) The notice and hearing procedure described in §22-61(b) of this Chapter shall be repeated, and all changes in the information referred to therein shall be described with particularity. (2) Modification or rescission shall be permitted only upon the written consent of all property owners within or proposed to be included within the District. Additional written consents may be required, in the discretion of the City Engineer or City Attorney, from any lienholders or other persons whose interests may be adversely affected by the proposed modification or rescission. (3) No proceedings pertaining to the District shall be modified or rescinded subsequent to the issuance of bonds for the District if, in the judgment of the city, to do so would impair the rights of the city or the bondholders. (4) Changes in District boundaries shall be permitted only under the following circumstances: a. The change will result in the inclusion of additional properties within the District. No change resulting in the exclusion of existing District properties will be permitted. b. Additional properties to be included within the District will be specially benefited in amounts at least equal to the amounts of the assessments to be levied upon such properties, and the total cost of the improvements will be apportioned among the properties in the District in fair approximation to the special benefits conferred. c. The change will not result in any increase in the amount of any individual property assessment or the amount of any annual installment payment to be made by any property owner within the District. (5) Except as provided in paragraph (3) of this section, approval or rejection of any proposed modification or rescission shall be discretionary with the Council and shall be determined according to the public interest. (6) In the event that any modification or rescission approved by the Council is invalidated by order of court, the original proceedings as first adopted by the Council shall be automatically reinstated and shall be deemed to have been continuously in full force and effect as though no modification or rescission thereof had occurred. Notwithstanding the foregoing, the City Engineer shall have the right to make minor changes in time, plans and materials pertaining to the improvements to be constructed within the District at any time before the completion of said improvements. Introduced, considered favorably on first reading and ordered published this 15th day of December, A.D. 1987, and to be presented for final passage on the 5th day of January, A.D. 19 M City Clerk 1988.Passed and adopted on final reading thi 5th day of January, A.D. TTEST: City Clerk