HomeMy WebLinkAbout107 - 09/18/1979 - AMENDING CHAPTER 16 OF THE CITY CODE RELATING TO LOCAL PUBLIC IMPROVEMENTS AND THE ESTABLISHMENT OF ORDINANCE NO 107 , 1979
BEING AN ORDINANCE OF THE COUNCIL
OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 16 OF THE CODE
OF THE CITY OF FORT COLLINS
RELATING TO LOCAL PUBLIC IMPROVE-
MENTS AND THE ESTABLISHMENT OF SPECIAL
IMPROVEMENT DISTRICTS THEREFOR
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
Section 1 That the definition of the term "District" in Section 16-2
of the Code of the City of Fort Collins be, and the same hereby is, amended
to read as follows
"District - The geographical division or divisions of the
City within which any local improvement or improvements may
be made, or when so declared by the Council it may include
the entire area of the City One or more noncontiguous parts
or sections of the City may be included in one district "
Section 2 That §16-3 of the Code of the City of Fort Collins
be, and the same hereby is, amended to read as follows
"§16-3 Designation of officers to supervise improvements
All local improvements shall be constructed unaer the
general direction and control of the City Manager and in the
immediate charge, direction and supervision of the Director
of Public Works, or other officer deslqnated for such
purpose, all in accordance with maps, plans and specifica-
tions adopted by the City Council The work of construction
may be by independent contract or by the City or a City
Department, as determined by the City Council "
Section 3 That §16-4 of the Code of the City of Fort Collins be
and the same hereby is, amended by the addition thereto at the end thereof
of the following sentence
"Said improvements may also include the development of plans
for the urbanization or renewal of areas within the Dis-
trict .
Section 4 That §16-5 B of the Code of the City of Fort Collins
be, and the same hereby is, amended to read as follows
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"B In case of an improvement or improvements to be initi-
ated by the City Council , the Council shall , after first
receiving a recommendation thereon from the Director of
Public Works, adopt a resolution which shall state the
need for, and the nature and location of the improvement
or improvements to be made (without mentioning minor
details) , and describe the area to be assessed for the
same ( by boundaries or other brief description) and
direct the Director of Public Works to prepare and
present to the Council the following
(1) Preliminary plans and specifications of such
improvement or improvements
(2) An estimate of the probable total cost of such
improvement, including the cost of acquiring rights
in land required for the improvement, the cost of
planning, constructinq or otherwise acquiring the
improvement, engineering, legal and advertising
costs, interest during construction and until
assessments are made by ordinance against the
properties benefited and other costs to be incurred
in the district
(3) A map of the district to be assessed for the cost
of the improvement or improvements "
Section 5 That §16-5 C of the Code of the City of Fort Collins
be, and the same hereby is, amended to read as follows
"C In case of an improvement or improvements to be initi-
ated by petitions of property owners, the petitions
shall be on a form to be supplied by the City and shall
be subscribed by the owners of at least one-third (1/3)
of the frontage to be assessed for such improvements in
the case of improvements to streets ( including street
lighting) and by the owners of at least one percent (1%)
of the area of the property to be assessed in the case
of other improvements Upon receiving such petitions,
the City Council shall adopt a resolution which shall
state the nature and location of the improvement or
improvements to be made and describe the area to be
assessed for the same (by boundaries or other brief
description) and direct the Director of Public Works to
prepare and present to the City Council a report as in
the case of Council-initiated improvements Thereafter,
the procedures shall be tfie same as in the case of
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improvement districts initiated by the Council , provided
that the Council may at any time determine by resolution
that the acquisition of the proposed improvement is not
feasible or desirable for a reason or reasons stated in
the resolution, and any such resolution shall terminate
the proceedings "
Section 6 That §16-5 of the Code of the City of Fort Collins be,
and the same hereby is, amended by the addition thereto of an additional
Section E to read as follows
"E More than one type of improvement may be installed or
acquired in a district, and the Council may provide for
a different method of assessinq property in the district
to pay the cost of different improvements "
Section 7 That §16-6 A of the Code of the City of Fort Collins
be, and the same hereby is, amended by the deletion therefrom of the phrase
"City Engineer" and the substitution therefor of the phrase "Director of
Public Works", and further that said § 16-6 A be, and the same hereby is,
amended by the addition thereto at the end thereof of the following sen-
tence
"In establishing the rate of interest to be charged on
unpaid installments, the Council may provide that the
interest rate will bp the interest rate payable on bonds to
be issued by the district In such event, a maximum inter-
est rate shall be established by the Council , and the rate
of interest charged on unpaid installments shall not exceed
such maximum rate "
Section 8 That §16-6 B of the Code of the City of Fort Collins
be, and the same hereby is, amended to read as follows
"B The City Council shall , by publication, once each week,
for two (2) successive week, in an official newspaper
published in the City of Fort Collins, and by mailinq
notice, postage prepaid, as first class mail , to the
last known address of each last known owner of property
within the proposed district whose property will be
assessed for the cost of the improvement, such addresses
and owners being those appearing on the real property
assessment rolls for qeneral taxes of the county wherein
said property is located, give notice to the owners of
property to be assessed and to all interested persons
generally, but without naming such owners or persons,
setting forth the following
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(1) The kind of improvement proposed, without mention-
ing minor details or incidentals
(2) The manner in which assessments and interest on
assessments will be payable
(3) The rate of interest to be pain on unpaid and
deferred installments
(4) The boundaries of the proposed district
(5) The probable cost as shown by the total estimate of
the Director of Public Works, the maximum cost per
front foot where assessments will be for front
foot, or per square foot where assessment will be
made according to area, and in case the assessment
shall be made otherwise than per front foot or by
area, the maximum amount to be assessed according
to the method of assessment to be used
(6) The time, not more than sixty (60) days nor less
than thirty (30) days after the first publication
and mailing, when the City Council will consider
establishing the proposed district and hear all
complaints and objections that may be made and
filed in writing as hereinafter provided
(7) That a map of the district, estimate of cost,
schedule showing approximate amount, per front foot
or per square foot or otherwise, to be assessed
upon the several lots or parcels of land within the
district, and all proceedings of the City Council
in the premises are on file and can be seen and
examined in the City Clerk' s Office during business
hours at any time within said period before tfre
hearing " � s
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Section 9 That §16-7 A of the Code of the City of Fort Collins, be
and the same hereby is, amended to read as follows
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"A On the date fixed for the public hearing on the proposed
ordinance establishing the district, any and all proper-
ty owners affected and any other person interested
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qenerally may appear and present their views in respect
to the formation of the proposed district, provided that
any person who wishes to object to such district shall,
prior to the date fixed for the hearing, first have
filed his objections to the same in writing with the
City Clerk At the hearing, the Council shall also
consider all objections in writing filed with the City
Clerk prior to the date fixed for the hearinq, whether
or not the person objecting appears at the hearing Any
objection to the regularity, validity or correctness of
the proceedings shall be deemed waived unless presented
in writing in the time and manner herein specified "
Section 10 That §16-7 B of the Code of the City of Fort Collins be,
and the same hereby is, amended by the deletion therefrom of the word
"improvements" found in the first line thereof and the substitution there-
for of the word "district"
Section 11 That §16-7 C of the Code of the City of Fort Collins
be, and the same hereby is, amended to read as follows
"C In the event the owners of more than fifty percent (50%)
of the frontage area, or whatever other dimension
constitutes the basis for the computation of the pro-
posed assessments, present objections to the formation
of the proposed district in the manner provided in this
section, the district shall not be forried unless the
City Council , by an affirmative vote of two-thirds (2/3)
of all of its members finds and determines that the
public interest requires the formation of the proposed
district "
Section 12 That U 6-8 of the Code of the City of Fort Collins be,
and the same hereby is, amended by the deletion therefrom of the phrase
"City Engineer" and the substitution therefor of the phrase "Director of
Public Works"
Section 13 That §16-9 of the Code of the City of Fort Collins be,
and the same hereby is, amended to read as follows
"§ 16-9 Changes in districts restricted
All proceedings may be modified or rescinded wholly or in
part by resolution adopted by ttie Council at any time prior
to the installation of improvements No substantial change
in the district, details, preliminary plans, or specifica-
tions shall be made after the first publication or mailing
of notice to property owners, unless the City Council after
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notice and hearing the same as initially reauired for
formation of the district adopts such change by ordinance
The Engineer, however, shall have the right to make minor
changes in time, plans, and materials entering into the work
at any time before its completion "
Section 14 That §16-10 of the Code of the City of Fort Collins
be, and the same hereby is, amended to read as follows
"§16-10 Advertisinq for bids, letting of contracts
All contracts for local improvements shall be let by the
City Manaqer, upon the determination of the City Council ,
after the passage of the original ordinance forming the
district All contracts shall be let to the lowest reliable
and responsible bidder as determined in the sole discretion
of the City Council , and shall be let after public adver -
tisement for bids twice published in an official newspaper
published in the City of Fort Collins The advertisement
for bids shall be published at least a week apart, and the
date for opening of bids shall be not less than ten (10)
days after the first publication In all advertisements,
the City Council shall reserve the right to reject all bids
and, upon rejecting all bids or receiving no bids, may again
advertise without further ordinance or may order the work
done by hiring labor by the day, or otherwise, and arranging
for purchasing necessary material , all under the supervision
of the Director of Public Works or other designated officer
of the City Notwithstanding the foregoing, improvements
may be installed by the City utilizing City forces if the
Council so determines and orders "
Section 15 That §16-11 of the Code of the City of Fort Collins
be, and the same hereby is, amended to read as follows
"§16-11 Surety bond required, default in performance
Except when the City does the work as above provided, no
contract for public improvements shall be made without a
surety bond or bonds conditioned upon the faithful perform-
ance of the contract and the paying of all costs and labor
and materials, which bond shall have sufficient surety or
sureties to be approved by the Director of Finance of the
City of Fort Collins Upon the default of the performance
of any contract, the City Council may readvertise and let a
contract for the uncompleted work in like manner and without
further ordinance or may order the work done by City forces
and in either event may charge the cost thereof to the
original contractor upon his contract, and when a deficiency
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shall in such case occur, the City Council may advance the
amount thereof out of any available fund of the City and
recover the same by suit on the original contract and
bond "
Section 16 That §16-13 A of the Code of the City of Fort Collins
be, and the same hereby is, amended to read as follows
"A Streets In case of the improvement of any street as
herein provided, the cost of such improvement, or any
portion thereof, may be assessed upon all the lots and
lands abutting on the streets improved in proportion as
the frontage of each lot or tract of lano is to the
frontaqe of all lots and lands so improved For the
purpose of assessment, the sides of corner lots shall be
treated as frontaqe when the street upon which such
sides abut is improved The City Council may also
provide for any other manner of assessment to pay the
cost of the improvements which it determines is equit-
able and fair "
Section 17 That §16-13 B of the Code of the City of Fort Collins
be, and the same hereby is, amended by the deletion therefrom of the last
sentence thereof
Section 18 That §16-13 C of the Code of the City of Fort Collins
be, and the same hereby is, amended by the deletion therefrom of the word
"of" in the first sertence thereof and the substitution therefor of the
word "or"
Section 19 That §16-13 E of the Code of the City of Fort Collins
be, and the same hereby is, amended by the deletion therefrom of the last
sentence thereof
Section 20 That §16-14 of the Code of the City of Fort Collins
be, and the same hereby is, amended by the deletion at the end thereof of f
the phrase "all the frontage on the street improved in proportion to the
frontage of each piece of real estate on the street improved" and the
substitution therefor of the following phrase "property in the district _
in the same manner as all other portions of the street improvement "
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Section 21 That §16-17 A of the Code of the City of Fort Collins
be, and the same hereby is, amended to read as follows
"A Upon the completion of anv local improvement and accept-
ance thereof by the City Council , the Director of
Finance shall prepare a statement shoeing the whole cost
of improvement, including (1) interest accruing on bonds
issued to pay the cost of the improvements up to the
date when such cost will be assessed, (2) the cost of
engineering, legal fees, publication, administration,
and other incidentals incurred in connection with the
improvements (not to exceed 20% of actual construction
or acquisition costs) , and (3) the cost of collection,
making the assessment and certifying the same to the
County Treasurer for collection (not to exceed 7% of the
actual construction or acquisition cost) "
Section 22 That §16-17 B of the Code of the City of Fort Collins
be, and the same hereby is, amended by the deletion therefrom of the phrase
"City Engineer" and the substitution therefor of the phrase "Director of
Finance"
Section 23 That §16-18 of the Code of the City of Fort Collins be,
and the same hereby is, amended to read as follows
"§16-18 Advertisement and notice of proposed assessment
Upon the filing of the statement and assessment roll pro-
vioed for in the preceding section hereof, the City Council
shall order the City Clerk to notify the owner of property
to be assessed and all persons interested generally, but
without naming such owners, that such improvements have been
completed and accepted, by publication once each week for
two (2) successive weeks in an official newspaper published
in the City and by mailing notice (within ten days after the
first publication), postage prepaid, as first class mail , to
the last known address of each last known owner of property
to be assessed, such addresses and owners being those
appearinq in the real property assessment rolls for general
taxes of the county wherein such property is located,
therein specifyinq - ;'
A The whole cost of the improvements
B The portion, if any, to be paid by the City
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C That the assessment roll showing the share apportioned
to each lot or tract of land in the district is on file
in the City Clerk' s Office and can be seen and examined
at any time durinq business hours
D That any complaints or objections which may be made in
writing by such owner or owners to the Council , and
filed in the Office of the City Clerk within thirty (30)
days from the publication of such notice, will be heard
and determined by the Council before the passage of any
ordinance assessing the cost of such improvements
E The date when and the place where such complaints or
objections will be heard Such dates shall be not less
than thirty (30) days or more than forty-five (45) days
after the first publication "
Section 24 That §16-19 of the Code of the City of Fort Collins
be, and the same hereby is, amended by the deletion therefrom of the phrase
"City Engineer" and the substitution therefor of the phrase "Director of
Finance"
Section 25 That §16-20 1 of the Code of the City of Fort Collins
be, and the same hereby is, amended to read as follows
"§ 16-20 1 Responsibility for certain costs
A In the event it is not possible to assess the full
assessment called for in any district against any
particular property because of the value of said proper-
ty and the limitations relating to such value contained
in § 16-20 above, then the excess amount which is not
assessable against the property shall be paid by the -
City at large In such event, no construction of
additional improvements on any such property shall be
permitted under the ordinances of the City of Fort
Collins until the balance of the amount that would have
been assessed against such property, except for the
foregoing limitation, has been paid to the City In the
event the foregoing requirement would cause any undue
hardship on the owner of any property, then the City
Council , after hearing, may waive the requirements of
this Section in whole or in part in order to alleviate
such hardship The foregoing requirement shall not
apply to the remodeling or reconstruction of existing
improvements on any such property avid such remodelinq or
reconstruction shall be permitted without compliance
with this requirement
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B If the amount of the assessment against any property is
reduced because of the limitation relating to value set
forth in §16-20, the Department of Finance shall cause
to be recorded with the Larimer County Clerk and Re-
corder, at the time the assessment roll for the district
is certified to the County Treasurer, a statement which
shall contain (1) the amount of the reduction in the
assessment or assessments, (2) the description of the
property or properties involved, (3) the designation of
the district, (4) the description of the improvements
installed in the district, and (5) a statement that no
construction of additional improvements may be made on
such property until the amount of the reduction made in
the assessments has been repaid to the City or such
repayment provided for
C At any time after the assessment roll is certified to
the County Treasurer, the owner, or owners, of any
property as to which assessments were reduced pursuant
to §16-20 may pay to the City an amount equal to the
assessment that would have been due under the assessing
ordinance had the full assessment been made, less the
assessment actually paid, and agree in writinq to have
the balance of the portion not assessed initially
assessed against such owner's property In such event,
the Director of Finance shall certify to the Larimer
County Treasurer an amendment to the assessment roll and
thereafter the full remaining assessment shall be
payable and snall be a lienon the property of such owner
as if the full assessment was originally made against
such property
D At the time any amount not initially assessed because of
the limitation in §16-20 is repaid or required to be
repaid, all interest which would have accrued on such
amount had it been assessed shall be due and collected
from the property owner "
Section 26 That §16-24 of the Code of the City of Fort Collins
be, and the same hereby is, amended to read as follows
"§ 16-24 Payment of assessments in installments
In case of such election to pay in installments, the assess-
ments, and interest thereon, shall be payable in not less
than two (2) nor more than twenty (20) installments, the
first of which installment shall be payable in not less than
thirty (30) days nor more than five (5) years, and the last
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in not more than twenty (20) years The amount of each
installment, the number of installments, the payment dates,
the rate of interest payable, and all other particulars
pertaining to payment by installment shall be established by
the City Council in the ordinance making such assessments
The rate of interest shall not exceed the interest rate
payable on the bonds issued to pay the cost of the improve-
ments
Section 27 That §16-25 A of the Code of the City of Fort Collins
be, and the same hereby is, amended by the deletion therefrom of the phrase
at the end thereof "along with an allowance of interest from the date of
payment to the time when the first installment is due"
Section 28 That §16-27 of the Code of the City of Fort Collins
be, and the same hereby is, amended by the addition thereto of a sub-
section A to read as follows
"§16-27 A Reallocation of Assessments
In the eyent any tract or parcel of land, subject to assess-
ments made under this chapter, is divided into smaller
parcels, the remaining unpaid assessment shall continue as a
lien on the entire original tract against which the assess-
ment was made unless (1) all owners of all parcels consti-
tuting the original tract agree in writing on the allocation
of the remaining assessment against such smaller parcels,
and (2) the Director of Finance accepts such reallocation
If a reallocation of the remaining assessment is agreed upon
by all owners and accepted by the Director of Finance, the
Director of Finance shall certify an amended assessment roll
to the County Treasurer setting forth the agreed upon
reallocation and thereafter the assessments as shown by the
amended assessment roll shall constitute the assessment
against such separate parcel as if the assessments were
initially so made Prior to the sale of a portion of a _
larger tract subject to one assessment, the owner of such -
tract may propose in writing to the Director of Finance an
allocation of such assessment against particular parcels
within such tract If such proposal is accepted by the
Director of Finance, he shall prepare and certify to the
County Treasurer an amended assessment roll for such tract
in the manner aforesaid and thereafter the assessments as
shown on the amended assessment roll shall constitute the
assessments against each separate parcel as if the assess-
ments were initially so made "
Section 29 That §16-28 of the Code of the City of Fort Collins
be, and the same hereby is, amended to read as follows
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"§16-28 Special assessment bond authorized
For the purpose of paying all or such portion of the cost of
any improvement constructed under the provision of this
chapter as may be assessed against the property specially
benefited and not paid by the City, special assessment bonds
of the City may be issued of such date and in such form as
may be prescribed by the City Council , bearing the name of
the district and payable to the bearer in a sufficient
period of years after date to cover the period of payment
provided herein, but subject to call as soon as hereinafter
provided, and in convenient denominations of not more than
one thousand dollars ($1,000) each All such bonds shall be
issued upon estimates of the Director of Public Works
approved by the City Council , and the Director of Finance
shall preserve a record of the same in a suitable book kept
for that purpose All such bonds shall be subscribed by ttie
Mayor, countersigned by tfie Director of Finance, with the
corporate seal thereto affixed, and attested by the City
Clerk Facsimilie signatures may be used Said bonds shall
be payable out of the moneys collected on account of the
assessments made for said improvements, and all moneys
collected from such assessments for any improvements shall
be applied to the payment of the bonds issued until payment
in full is made of all the said bonds, both principal and
interest Said bonds may be used in payment of the cost of
the improvements as herein specified, or tfie City Council ,
in its discretion, may sell said bonds to pay such cost in
cash Said bonds shall be negotiable in form and shall bear
interest as may be fixed by the City Council , payable
semiannually, evidenced by coupons bearing the facsimile
signature of the City Clerk "
Section 30 That §16-30 of the Code of the City of Fort Collins
be, and the same hereby is, amended by the addition thereto at the end
thereof of the phrase "to the extent permissible under the City Charter"
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Section 31 That §16-31 of the Code of the City of Fort Collins
be, and the same hereby is, amended by the deletion therefrom of tfie phrase
"City Engineer" and the substitution therefor of the phrase "Director of
Public Works" and shall further be amended by the addition thereto at the
end of the last sentence thereof of the phrase "and shall be included in
the assessments made against the particular property in the district
proceedings"
Section 32 That Es16-34 of the Code of the City of Fort Collins be,
and the same hereby is, amended to read as follows
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"516-34 Payrents from. surplus and deficiency funo
A In the event the City incurs at cost in the course of
proceedings for forminq a srEcial improvement district,
the amount of such test shall initially be paid from the
surplus and deficiency funa cstablrShed put sr ant to
Article V. Section 20 Q b) of the City CPdrter If He
district is ultimate lj forned, the amount of such cost
shel 1 be included in the cost of the imps o�ements
installed in the arsttict dnd repaid from assessmenis of
the district (to the extent assessed)
Q Any portion of the costs of a district payable by the
Citv at large becaugr of (1 ) the limitation biseu on
value of property as I,rovidej in �S16-20, (2) costs of
improvements in excess of the estimate of tie Firectot
of Public liorKs as provided in 016-8, or (3) reductions
in assessments r.doE by the City Council such portion
may if so directed by the City Council be paid from the
surplus ana deficiency fund established prirstant to
Article V, Section 20 6(b) of the City Charter If any
such portion is later recovered from the (miners of
propertv in the crstrrct, the amount of such recovery
shall be repaid into such surplus and deficiency fend "
Section 33 That Charter 16 of the Code of the City of Fort Collins
is amended by the adnition thereto of a new Section 1G-?'r1 1 to reaa as
follows
"§16-34 1 Inclusion of certain costs and expenses of
organization of the district
If property owners in a dintricL have ircurred costs and
paid expenses in oradnizino a district, the City Council wdy
authorize the repayment of such costs dnd exrenses as a
part of the rmproverent cost ann in such event the amount so
authorized may be included as a part of the cost of the
improvements in the aistrict dnd assessed ana colltctea
aoainst r•ropetty in the aistrict as provided in this chapter "
Section 34 That Chapter 16 of the Codc of the Cit% of Fott Collins
is amended by the aodition thereto of d nmw Section 16-34 2 to toad as
follows
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"16 34 2 Contractinq with private firms
The City may , upon authorization by the City Council ,
contract with private firms for the performance of engineer-
ine, legal , accountinq and similar work to he performed by
or for a district The cost of such work may to provided
for or paid by the additional anount euthotizcd to be added
to the cost of the improvements installed or acquired as
aforesaid in §16-17
Introduced, considered favoraoly on first reading, and ordered pub-
lished this 4th day of September, 1979, and to he presented for final
passage on the 18th day of September, 1979
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Passed and adopted on final reading this 18th day of Septenber ,
1979
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