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HomeMy WebLinkAbout134 - 12/03/1991 - AMENDING LIEN ENFORCEMENT PROVISIONS OF THE CITY CODE PERTAINING TO SPECIAL IMPROVEMENT DISTRICTS ORDINANCE NO. 134, 1991 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LIEN ENFORCEMENT PROVISIONS OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO SPECIAL IMPROVEMENT DISTRICTS WHEREAS, the City is empowered by both state and local law to construct local improvements through the creation of special improvement districts and to assess the cost of such improvements upon the property especially benefitted thereby; and WHEREAS, the levy and collection of assessments for local improvements is a matter of purely local concern; and WHEREAS, the City Council is desirous of modifying and expanding upon the procedures in the City Code pertaining to the collection of special assessments ; and WHEREAS, except to the extent modified by local ordinance, the statutes of the State of Colorado pertaining to special improvement districts, so far as applicable, shall continue to apply to the local construction of special improvements and the levy and collection of special assessments. 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 of Fort Collins is hereby amended to read as follows: Sec. 22-97. Receiving of payments; sale of property for default. (a) The city's Financial Officer or county Treasurer shall receive payment of all assessments on any real estate appearing upon the assessment roll , with interest. If a property owner is in default in the payment of any installment of principal or interest after it becomes due and payable, the county Treasurer shall advertise and sell the real estate in default, either upon his or her own volition if he or she is responsible for collecting the assessments or, if the city's Financial Officer is collecting the assessments, upon certification by the Financial Officer of the whole amount of the unpaid assessments. The advertisement and sale shall be made at the same time, in the same manner and under all the same conditions and penalties and with the same effects as are now prescribed by the general laws of the state for the sale of real estate in default of the payment of general taxes. At any sale by the county Treasurer of any real estate in the city for the purpose of paying any special assessment for local improvements, the Financial Officer, being duly authorized by the Council , may purchase any such real estate without paying in cash and shall receive certificates of purchase in the name of the city. No such specific authorization by the Council shall be required when there is no bid for any property offered for sale by the county Treasurer and such property is stricken off to the city as required by law. (b) Any certificates of purchase received by the city through foreclosure of its liens for special assessments shall be received by the Financial Officer. The certificates may be sold and assigned by the Financial Officer at their face value with all interest and penalties accrued in the name of the city, or for less than their face value if approved by the City Council under the provisions of § 23-111 . Such assignment shall be made without recourse upon the city. The sale and assignment shall operate as a lien in favor of the holders of such certificates as provided by law for sales of real estate for default in the payment of general taxes in the state. (c) The city shall have the right to apply for deeds on any certificates of purchase which are presented to the county Treasurer or other proper officer empowered by law to sell real estate under the particular foreclosure procedure utilized by the city. In order to obtain title to property for which a certificate of purchase has been issued to the city, the Financial Officer may pay from the general fund of the city all general taxes, including all interest and penalties thereon, and any fees and costs associated therewith, which may have become due or past due on such property. (d) Cumulatively with all other remedies, if the city is the owner of property by virtue of a tax deed or is the owner of property otherwise acquired in satisfaction or discharge of the liens represented by certificates of purchase, it may sell such property for the best price obtainable at public sale or auction or by sealed bids, or by such other method of sale which may be approved by the City Council . (e) 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 . (f) 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 nothing herein shall be construed as invalidating any actions or proceedings undertaken by the City in collecting assessments or foreclosing any special assessment lien prior to the effective date of this ordinance, and the validity of all certificates of purchase and tax deeds previously acquired by the City by virtue of any such foreclosure proceeding is hereby ratified and affirmed. Introduced, considered favorably on first reading, and ordered published this 19th day of November, A.D. 1991, and to be presented for final passage on the 3rd day of December, A.D. 1991. < J Mayor / ATTEST: �y� City CO /iClerK Passed and adopted on final reading this 3rd day of December, A.D. 1991 . JA4 AA Mayor ATTEST: City Clerk 3