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HomeMy WebLinkAbout169 - 12/21/1993 - AUTHORIZING THE SALE OF CERTIFICATES OF PURCHASE FOR LOTS 1 THROUGH 25, BLOCK 1, AND LOTS 1 THROUGH ORDINANCE NO. 169, 1993 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OF CERTIFICATES OF PURCHASE FOR LOTS 1 THROUGH 25, INCLUSIVE, BLOCK 1, AND LOTS 1 THROUGH 16, INCLUSIVE, BLOCK 2, BRITTANY KNOLLS PUD, FIRST FILING TO COLORADO LAND SOURCE, LTD. WHEREAS, on October 31, 1984, the Council authorized the creation of the Provincetowne/Portner Special Improvement District #81 ("SID #81") and on February 4, 1986, the Council authorized the creation of the South Lemay Special Improvement District #86 ("SID #86") for the purpose of installing street, water, and wastewater improvements within SID #81 and SID #86; and WHEREAS, on August 16, 1988, assessments were levied on property in SID #81 and on September 20, 1988, assessments were levied on property in SID #86 for the cost of construction of the improvements; and WHEREAS, these assessments were not timely paid by the owner of Lots 1 through 25, inclusive, Block 1, and Lots 1 through 16, inclusive, Block 2, Brittany Knolls PUD Filing 1 (the "Lots") ; and WHEREAS, in accordance with Section 22-97 of the Code of the City of Fort Collins, the Lots were advertised and sold by the Larimer County Treasurer at the 1989 tax sale and tax certificates of purchase were issued to the City ("the Certificates") ; and WHEREAS, Section 23-111 (c) of the Code provides that, if certificates of purchase are to be sold and assigned for less than face value, the Council must, by ordinance, authorize such sale and assignment and find that it is in the best interests of the City; and WHEREAS, under Section 23-111(c) of the Code, the City is to provide notice to all persons having any interest in the property for which the certificates of purchase were issued or having any interest in the proceeds of the proposed sale, which notice is to include written notice to the City's bondholders if such assignment will , in the judgment of the Financial Officer, impair in any way the payment of any principal or interest owing on the bonds which are paid with assessments collected from the property described in the certificates of purchase; and WHEREAS, the Financial Officer has determined that the proposed sale of the Certificates will not, in fact, result in any such impairment of the bondholders' interests; and WHEREAS, Section 22-97(e) of the Code describes the manner in which the proceeds of sale of real properties should be allocated when the property sold has been acquired through the foreclosure of a special assessment lien; and WHEREAS, the City and Colorado Land Source, LTD. have entered into an Agreement of Purchase and Sale of Real Property dated November 19, 1993, as amended by an Amendment to Agreement of Purchase and Sale of Real Property dated December 7, 1993, and an Amendment to Agreement of Purchase and Sale of Real Property dated December 16, 1993, (the "Agreement") pursuant to which the City has agreed to sell the Certificates to Colorado Land Source, LTD. , for $201,500 contingent on Council approving the Agreement by ordinance on second reading on or before December 21, 1993; and WHEREAS, under Section 23-111(c) of the Code the Council is authorized to sell the Certificates, provided that certain notice requirements are satisfied. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the notice requirements of Section 23-111(c) of the City Code have been satisfied for the sale of the Certificates. Section 2. That the sale of the Certificates to Colorado Land Source, LTD. for the sum of Two Hundred One Thousand Five Hundred Dollars ($201,500) is in the best interests of the City and that said amount represents the fair market value of the Certificates. Section 3. That the Agreement is hereby approved. Section 4. That the proceeds derived by the City from such sale shall be allocated according to the provisions of Section 22-97(e) of the Code. Section 5. That the Mayor be, and hereby is, authorized to execute such documents as are necessary for the City to sell assign, and convey the Certificates on the terms and conditions set forth in the Agreement. Introduced, considered favorably on first reading, and ordered published this 7th day of December A.D. 1993, and to be presente r final passa on the 21st day of December A.D. 1993. " ATTEST: ayor City Cler Passed and adopted on final reading this 21st 9f December 993. ATTEST: y o r �,p, City C1