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HomeMy WebLinkAbout027 - 04/03/1990 - AMENDING CITY CODE RELATING TO ABATEMENT OF ASSESSMENTS ORDINANCE NO. 27, 1990 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 22-95 AND SECTION 22-97 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO ABATEMENT OF ASSESSMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 22-95 of the Code of the City of Fort Collins is hereby amended by adding a new Subparagraph (d) , to read as follows: (d) Upon the application of an assessed property owner and the recommendation of the Financial Officer, the City Council may, by resolution, abate all or any portion of an assessment, including principal , interest or penalty interest, when the following circumstances exist: (1) The principal amount of an assessment is greater than the special benefit to the assessed property, or the abatement or cancellation is necessary to prevent a manifest injustice to the property owner because of an irregularity in the proceedings by which the assessment was imposed or collected; (2) The abatement or cancellation is considered by the City Council to be necessary to protect the financial interests of the city; (3) It is anticipated that adequate funds will be available from the payment of assessments in the district, or such funds have been appropriated by the Council from other sources, to pay all principal and interest due on any special assessment bonds issued by the city for the construction of improvements in the district; and (4) The abatement or cancellation would not contravene any covenant made by the city for the benefit of the holders of such special assessment bonds. Any abatement or cancellation of assessments under this provision shall be discretionary with the City Council ; and the decision whether to submit a property owner's application for abatement or cancellation to the Council shall be discretionary with the Financial Officer. The right of a property owner to seek such abatement or cancellation shall in no way be construed as extending the applicable period of time, under the relevant provisions of law, within which a legal or equitable action must be commenced to set aside an assessment or to enjoin the collection of an assessment; nor shall this provision be construed as restoring to a property owner any right which has been waived under the provisions of § 22-94. Section 2. 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. The municipal or county Treasurer shall receive payment of all assessments on any real estate appearing upon the assessment roll with interest. If the person is in default in the payment of any installment of principal or interest after it becomes due and payable, the county Treasurer, of his or her own volition or if the municipal Treasurer is collecting such assessments, upon certification by the municipal Treasurer of the whole amount of the unpaid assessments, shall advertise and sell the real estate in default. 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 City Council , may purchase any such real estate without paying in cash and shall receive certificates of purchase in the name of the city. Such certificates shall be received and credited at their face value with all interest and penalties accrued by the Financial Officer on account of the assessment in pursuance for which the sale was made. 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 . In either event, the proceeds of any such sale shall be credited to the funds created by ordinance for the payment of such assessments respectively. Such assignment shall be made without recourse upon the city. The sale and assignment shall operate as a lien in favor of the city and 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. Introduced, considered favorably on first reading, and ordered published this 20th day of March, A.D. 1990, and to be presented for final passage on the 3rd day of April , A.D. 1990. Mayor A TEST: City Clerk Passed and adopted on final reading this 3rd day of April , A.D. 1990. AZ41,4A, le + L Mayor ATT,�ST: City Clerk