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HomeMy WebLinkAbout045 - 07/20/1976 - ADOPTING A PROCEDURAL ORDINANCE FOR THE CITY RELATING TO THE CREATION OF LOCAL PUBLIC IMPROVEMENT DI ORDINANCE NO 45 1976 f BEING AN ORDINANCE ADOPTING A PROCEDURAL ORDINANCE FOR THE CITY OF FORT COLLINS RELATING TO THE CREATION OF LOCAL PUBLIC IMPROVEMENT DISTRICTS WITHIN THE CITY PROVIDING FOR SUCH DISTRICTS TO BE INITIATED BY RESOLU- TION OF THE CITY COUNCIL, AND PROVIDING FOR A HEARING THEREON, PROVIDING FOR AN ELECTION IF OBJECTIONS AND PROTESTS ARE FILED BY THE OWNERS OF 40% OR MORE OF THE TAXABLE PROPERTY WITHIN THE DISTRICT WHEREAS, the City Council has determined that there is a need for off-street parking facilities, together with other public improvements , in the downtown area of the City, and WHEREAS Section 6, Article XX of the Constitution of the State of Colorado provides in part that Home Rule Cities and Towns " shall have the powers set out in Sections 1, 4, and 5 of this article, and all other powers necessary requisite or proper for the government and administration of its local and municipal matters, including power to legislate upon, provide, regulate, conduct and control (e) The issuance, refunding and liquidation of all kinds of municipal obligations including bonds and other obligations of park, water and local improvement districts , it is the intention of this article to grant and confirm to the people of all municipalities coming within its provisions the full right of self-government in both local and municipal matters and the enumeration herein of certain powers shall not be construed to deny such cities and towns , and to the people thereof, any right of power essential or proper to the full exercise of such right " and WHEREAS the Legislature of the State of Colorado has by the enactment of Title 31, Article 25, Part 6, Colorado Revised Statutes 1973 (General Improvement District Act) , adopted a procedure for the creation of improvements therein and the issuance of bonds for the payment of such costs , and WHEREAS, Section 4 of the City Charter of the City provides that "the City shall have all powers granted to municipal corporations and to cities by the constitution and general laws of this State, together with all the implied powers necessary to carry into execution all the P Y ny powers granted it is intended that the City shall have and may exercise all powers of local self-government which, under the Constitu- tion of this State, it would be competent for this charter specifically to enumerate " and WHEREAS, the City Council has determined that it is neces- sary and advisable to adopt a procedural ordinance relating to such districts , in order to provide the City with the great- est flexibility in the creation of said districts and the con- struction of public improvements therein and WHEREAS, City Council has determined further that the adoption of a procedural ordinance for such districts would be a matter of local and municipal concern BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 Pur ose and Intent The City Council hereby finds and determines t at t e organization of local public improvement districts , as authorized herein, will serve a pub- lic use and will promote the health safety, prosperity, security and general welfare of the inhabitants and property owners of such districts The procedure for the creation of such dis- tricts the construction of improvements therein, and the issuance of bonds for the payment of the cost of construction of said improvements, may be accomplished in accordance with Title 31 Article 25, Part 6, Colorado Revised Statutes , 1973 (General Improvement District Act) , or may be undertaken as pro- vided herein It is the purpose of this ordinance to provide greater flexibility in the methods of creating such districts and constructing such improvements and for the payment of the same, so as to achieve the most efficient and equitable means as possible This ordinance shall be broadly constrt,erl to accom- plish these purposes , Section 2 Creation of the District In addition to the organization of a district by petition in accordance with Section 31-25-604 Colorado Revised Statutes 1973, a district may be initiated directly by resolution of the City Council declaring its intention to create a district and to construct improvements therein If initiated by resolution of the City Council, the resolution shall set forth the same information and data required to be included in the petition for the organization of such district, pursuant to Section 31-25-604(2) The Resolution shall set a date and time for a hearing on the creation of the district and provide for notice of the hearing to be given in the same time and manner as if the district had been initiated by petition -2- Section 3 Hearing on the Creation of the District - Oh ections and Protests t e strict is initiate y a reso ution, the City Council shall, on the date indicated in the resolution, or at any adjournment thereof, hear and consider all objections and protests concerning the creation of the district and the construction of improvements All such objections and protests shall be in writing filed with the City Clerk on or prior to the date of the hearing, shall be signed by the property owner or owners and shall describe the property in the proposed district owned by such owner If objections and protests are filed by the owners of the prop- ; erty representing more than 40% of the total assessed valuation of the property within the proposed district, the City Council, except as provided below, shall not create the district and all proceedings for the formation of the district shall be terminated The City Council, may, however, determine that the creation of the district should be approved by the quali- fied electors thereof, and accordingly, the City Council, by resolution, shall order the question of organization of the district to be submitted at an election of the qualified elec- tors of the proposed district If such question is approved by a majority of the qualified electors of the proposed district voting thereon, the City Council shall proceed to create the district in accordance with the provisions of Title 31 , Article 25, Part 6, Colorado Revised Statutes 1973 If there are no objections or protests, or if objections and protests have been signed and filed by property owners who own less than 40% of the total assessed valuation of property within the proposed district, the City Council shall then cause such district to be created in accordance with law Section 4 Issuance of Bonds The Board of Directors of the district may aut orize t e issuance of negotiable coupon bonds of the district in the manner provided by Sec- tion 31-25-620, Colorado Revised Statutes, 1973, for the purpose of paying the costs of constructing and installing and local public improvements therein Section 5 Limitation of Actions After twenty (20) days from the effective date-of any ordinance creating a district, ordering improvements to be constructed therein, or authorizing the issuance of bonds , no action may be brought in any Court contesting the validity of any such ordi- nance Section 6 Severabilit That if any one or more sec- tions or parts of tt lance shall be adjudged uenforce- able or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, it be- ing the intention that the various provisions hereof are severable -3- fr Section 7 Repealer All Ordinances or parts thereof in conflict with this Ordinance are hereby repealed Section 8 Hearing In accordance with Article II, Section 7, of the City Charter, the City Council shall consider the Ordinance on final passage, at the regular meeting of the Council on Tuesday, July 6, 1976, at 5 30 p m Section 9 Recording and Authentication This Ordinance, as adopted by the City Council, shall be numbered and recorded, and the adoption and publica- tion shall be authenticated by the signatures of the Mayor and City Clerk,and by the certificate of publication, respectively INTRODUCED AND PASSED ON FIRST READING this 6th day of July, 1976 ( SEAL ) Mayor ATTEST ` t r City Clerk i r FINALLY ADOPTED AND APPROVED this 2Oth day of July, 1976 r Mayor ( S E A L ) ATTEST V City Clerk r r -4-