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HomeMy WebLinkAbout074 - 05/16/1989 - AMENDING ORDINANCE NO. 129, 1984 AND ORDINANCE NO. 25, 1986 ADDING PROPERTY TO THE HEART SPECIAL IMP ORDINANCE NO. 74, 1989 OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, AMENDING ORDINANCE NO. 129, 1984 AND ORDINANCE NO. 25, 1986 OF THE CITY OF FORT COLLINS, COLORADO ADDING PROPERTY TO THE CITY OF FORT COLLINS, COLORADO HEART SPECIAL IMPROVEMENT DISTRICT NO. 84 WHEREAS, on October 30, 1984, the City Council (the "Council ") of the City of Fort Collins, Colorado (the "City") passed and adopted on final reading Ordinance No. 19, 1984 of the City (the "Creation Ordinance") creating the Heart Special Improvement District No. 84 (the "District") for the purpose of acquiring, constructing, and installing street, water, sanitary sewer, storm drainage, and irrigation ditch improvements within specified boundaries of the District, all pursuant to Chapter 22 of the City Code; and WHEREAS, on March 4, 1986, the Council passed and adopted on final reading Ordinance No. 25, 1986 (the "Assessing Ordinance") , assessing the cost of the District Improvements upon the real property in the District, providing for the payment and collection of such assessments, and accepting, ratifying, and approving the revised District assessment roll ; and WHEREAS, subsequent to final passage and adoption of the Assessing Ordinance, Troutman Partnership, a Colorado general partnership ("Troutman Partnership") has acquired certain property located within the District, and is responsible for payment of District assessments against that portion of the property described on "Exhibit A, " attached and incorporated by reference (the "Troutman Property") , which is presently included within the District; and WHEREAS, Troutman Partnership has submitted a petition to the City requesting the amendment of the District boundaries to encompass all of the Troutman Property, and reallocation of the assessments against the Troutman Property on an equal square-foot basis across the entire Troutman Property; and WHEREAS, §22-38 of the City Code authorizes the Council to amend the District boundaries by Ordinance provided that notice and an opportunity for hearing have been provided to all affected persons, all property owners in the District have consented in writing to the amendment, the amendment would not impair the rights of the City or the bondholders, the amendment will result in the inclusion of additional property within the District, the property to be included will be specially benefited in an amount at least equal to the amount of the assessments to be levied upon such property, and the amendment will not result in the increase of any individual property assessment; and WHEREAS, notice of the proposed amendment in the District boundary and the hearing thereon has been published in accordance with §22-38 and §22-61 (b) of the City Code; and WHEREAS, the proposed amendment to the boundaries of the District meets the requirements contained in §22-38 of the City Code, and would enhance the security for payment of the District bonds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. The Council hereby finds and determines that all requirements of §22-38 and §22-61(b) of the City Code have been met. Section 2. The Council hereby amends Ordinance No. 129, 1984, and Ordinance No. 25, 1986, of the City to include all of the Troutman Property within the District, as described on Exhibit A. Section 3. The District assessments presently allocated to that portion of the Troutman Property previously included in the District shall be reallocated by the Financial Officer on an equal per-square-foot basis across the entire Troutman Property. Section 4. All provisions of Ordinance No. 129, 1984 and Ordinance No. 25, 1986 of the City not specifically amended by this Ordinance shall remain in full force and effect. Section 5. If any person challenges this Ordinance in any legal or equitable proceeding, and if, as a result of such challenge, this Ordinance is repealed or the District boundary amendment and assessment reallocation are otherwise nullified, all provisions of Ordinance No. 129, 1984 and Ordinance No. 25, 1986 as constituted prior to their amendment by this Ordinance shall remain in full force and effect. Section 6. If any provision of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected thereby. Introduced, considered favorably on first reading, and ordered published this 2nd day of May, A.D. 1989, and to be presented for final passage on the 16th day of May, A.D. 1989. \ \ E r Mayor ATTEST- City Clerk Passed and adopted on final reading this 1 h day of May, A.D. 1989. Mayor ATT ST: City Clerk 1 - EXHIBIT "A" til NI OI OI til ro I N 41 N {-I V b01 .p] .p] -4 .O] 1 I • 7. 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