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HomeMy WebLinkAbout138 - 01/05/1993 - AMENDING CITY CODE PERTAINING DISPOSITION OF PROCEEDS OF SALE OF SPECIAL IMPROVEMENT DISTRICT PROPER ORDINANCE NO. 138, 1992 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 22-97 OF THE CODE OF THE CITY TO REINSTATE CERTAIN PROVISIONS PERTAINING TO THE DISPOSITION OF THE PROCEEDS OF SALE OF SPECIAL IMPROVEMENT DISTRICT PROPERTIES WHEREAS, on December 3, 1991, the City Council of the City of Fort Collins adopted Ordinance No. 134, 1991, amending the lien enforcement provisions of the Code of the City of Fort Collins pertaining to special improvement districts; and WHEREAS, said Ordinance No. 134, 1991, added a new subparagraph (e) to Section 22-97 of the Code, which defined the manner in which the City is to apply the proceeds of sale of any certificates of purchase held by the City and the proceeds of sale of any real property acquired by the City through the foreclosure of a special assessment lien; and WHEREAS, on June 2, 1992, the City Council adopted Ordinance No. 63, 1992, which further amended Section 22-97 of the Code in several other respects, and added new provisions dealing with other matters relating to the sale of such properties and certificates of purchase; and WHEREAS, the adoption of Ordinance No. 63, 1992, was not intended to result in the deletion of the subparagraph 22-97(e) , dealing with the disposition of the proceeds of sale; and WHEREAS, the aforementioned subparagraph was, in fact, inadvertently deleted from the City Code by reason of the adoption of Ordinance No. 63, 1992; and WHEREAS, the Council wishes to reinstate said provisions relating to the proceeds of sale. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That Section 22-97 of the Code of the City is hereby amended so as to include the following subparagraphs (f) and (g) : Sec. 22-97. Receiving payments; sale of property for default. (f) The proceeds of any sale of certificates of purchase held by the city, and the proceeds of the sale of any real property acquired by the city through the foreclosure of a special assessment lien, shall be credited to the fund created by ordinance for the payment of such assessments respectively. The city shall deduct therefrom all expenses incurred in securing deeds and taking proceedings for the sale or foreclosure, including without limitation: publication costs; costs of sale; service of process fees; attorney's fees; title insurance costs, including costs for foreclosure certificates or litigation guarantee certificates; fees paid to the county Treasurer; and any general taxes due or past due on such property, all interest and penalties thereon, and any fees and costs associated therewith. In the event that the amount to be credited to the special assessment fund, after the deduction of expenses, exceeds the amount of principal and accrued interest remaining to be paid on the bonds issued to pay the cost of constructing the improvements for which the property was assessed, or refunding bonds, the city may transfer such excess proceeds into the city's surplus and deficiency fund, to be expended for the purposes for which such fund is established, or to the general fund of the city to be utilized for any municipal purpose approved by the Council . (g) When the city has sold or conveyed at fair market value certificates of purchase or property which it has acquired in satisfaction or discharge of special assessment liens, or has sold certificates of purchase for less than face value according to the procedures provided in § 23-111 , such sales and conveyances are hereby validated and confirmed as against all parties having or claiming any interest in such property or the proceeds of such sale. Section 2. That said amendment of the Code shall relate back to June 12, 1992, the effective date of Ordinance No. 63, 1992. Introduced, considered favorably on first reading, and ordered published this 15th day of December, A.D. 1992, and t'b be presented for final passage on the 5th day of January, A.D. 1993. P1a�y�� �J /► V o�v� ATTEST: City Clerk Passed and adopted on final reading this 5th day of January, A.D. 1993. X�llt4w mayor ATTEST: City Clerk 2