HomeMy WebLinkAbout1988-098-06/14/1988-MAKING FINDINGS OF FACT REGARDING THE APPEAL OF THE FINANICAL OFFICER'S DECISION REGARDING THE REALL RESOLUTION 88-98
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT REGARDING THE
APPEAL OF THE FINANCIAL OFFICER'S DECISION
REGARDING THE REALLOCATION OF
CERTAIN ASSESSMENTS IN THE
BOARDWALK SPECIAL IMPROVEMENT DISTRICT NO. 77
WHEREAS, on March 18, 1988, the Financial Officer conducted a hearing,
after such notice to the public and the affected property owners as
required by Section 22-99 of the Code, regarding the proposed reallocation
of assessments to be placed on three parcels of land in the Boardwalk
Special Improvement District more fully described as follows:
1) Portion of Lot 15, Observatory Heights, described as beginning at the
SE corner of said lot, then west 671 .90 feet along south line of said
lot to point on the westerly right-of-way of Colorado State Highway
#1, then along the easterly right-of-way N 00*16' West 301 .20 N 00*24"
East 94.67 feet to a point on the southwesterly right-of-way of a
public road , then south 65021 ' East 740 . 08 feet along the
southwesterly right-of-way to the Northeast corner of said lot, then
South 87.19 feet along the easterly line to the True Point of
Beginning, less Fountainhead PUD Phase One.
2) Lot 1, Fountainhead PUD, Phase One, City of Fort Collins.
3) Lot 2, Fountainhead PUD Phase One, City of Fort Collins; and
WHEREAS, on May 4, 1988, the Financial Officer issued a decision that
the reallocation of assessments for these parcels should be levied on a
square-footage basis; and
WHEREAS, on May 18, 1988, TCP, Inc. , the owner of one of the three
parcels of land affected by the reallocation filed a notice of appeal from
the aforesaid decision of the Financial Officer; and
WHEREAS, on June 7, 1988, the City Council heard and determined said
appeal .
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that, having reviewed the record on appeal in this matter and
having received presentations and arguments of all parties in interest
pursuant to the procedures for appeal contained in Article II, Division 3
of the Code, the Council hereby makes the following findings of fact:
1 . The reallocation of assessments on a square footage basis as
described in the Financial Officer's Findings and Conclusions
dated May 4, 1988, a copy of which is attached hereto as
Exhibit "A" and incorporated herein by reference, constitutes
a fair and equitable method of reallocation for the reasons
stated therein.
2. The Financial Officer properly interpreted and applied all
relevant provisions of the City Code and Charter in making
his determination as to the proper method of reallocation in
this matter.
3. The Financial Officer properly considered all relevant
provisions of local and state law affecting his decision,
including the provisions of Section 22-86 of the Code.
4. The Financial Officer properly exercised his discretion as
hearing officer and his decision was supported by competent
evidence in the record.
BE IT FURTHER RESOLVED that the decision of the Financial Officer of
May 4, 1988, establishing a square-foot method of allocating assessments
for the above-described affected parcels of property in the Boardwalk
Special Improvement District, more fully described in Exhibit "A" be, and
hereby is, upheld.
Passed and adopted at an adjourned meeting of the Council of the City
of Fort Collins held this 14th day of June, A.D.N118,(
"ISTA TMayor
TTEST:
City Clerk
EXHI'IT "A "
FINANCIAL OFFICER'S FINDINGS AND CONCLUSIONS REGARDING
THE REALLOCATION OF CERTAIN ASSESSMENTS IN
BOARDWALK SPECIAL IMPROVEMENT DISTRICT #77
The following constitute the findings and conclusions of the
Financial Officer for the City of Fort Collins regarding the
matter of assessments to be placed on parcels of land located at
Boardwalk Drive and South College Avenue for street improvements
constructed through the Boardwalk Special Improvement District
#77.
1. Background
On March 18, 1988, a hearing was conducted by the City,
after notice to the public and to affected property owners,
regarding the proposed assessments to be placed on three parcels
of land in the Boardwalk Special Improvement District. The three
parcels of land are described as follows:
Lot 1, The Fountainhead P.U.D. , now owned by TCP.
Lot 2 , The Fountainhead P.U.D. , now owned by Arkansas
Federal.
A portion of Lot 15, Observatory Heights Subdivision, now
owned by Arkansas Federal.
On February 7, 1988, the City had proposed a reallocation of
the assessment against these parcels, pursuant to Section 22-99
of the City Code, such that the properties would bear the
following assessments based on a representative square footage
proportion of the total area in the properties.
Present Area % of
Owner Square Foot Area Assessment
Lot 1 TCP, Inc. 82, 740 49. 4 $ 97, 085. 64
Lot 2 Arkansas Fed. 62, 825 37. 5 73, 649. 82
Lot 15 Arkansas Fed. 22 , 021 13 . 1 25, 873.77
(A portion)
167, 586 100 $ $196, 609.23
*Total assessment as provided in Ordinance 15, 1986.
The materials reviewed by the Financial Officer in reviewing
the proposed reallocation include the following documents:
1. The formation resolutions and ordinances and amendments
to those documents;
2 . The agreement among the City and the property owners;
3 . The assessment resolutions and ordinances, including
assessment rolls prepared by the City;
4 . All correspondence regarding this matter in the City
Clerk' s files;
5. The transcript prepared from the tape of the hearing;
and
6. The letter dated March 24 , 1988 and attachments
provided by March & Myatt, representing Arkansas
Federal Savings and Loan.
2 . Analysis
At the hearing, TCP, Inc. , presented its concern that the
proposed square footage reallocation of assessments was not
appropriate. TCP argued that the basis for assessments, as
provided in the assessment ordinance, was to be on a lineal foot
basis. TCP claims it relied upon the Ordinance in reaching its
decision to purchase Lot 1. It also relied upon information
provided by the Larimer County Assessor in determining the
financial obligations regarding the property. Although TCP
acknowledged the fairness and logic of the reallocation of
assessments on a square footage basis, it does not believe that
it should bear a higher assessment than one based on a lineal
foot basis, because of its reliance on that method of assessment.
3 . Findings
It is hereby determined that the proposed reallocation of
the original assessments as described above, which is based on
information in the City Clerk's records and information provided
at the hearing by the S.I.D. Coordinator and Financial Policy
Analyst, is consistent with the requirements of Chapter 22 of the
City Code, and fairly apportions the assessment among the above
described parcels of property according to the special benefits
which are derived by each parcel from the district improvements.
The City has an obligation to follow the legal principles
established by relevant case law in fixing the amount of special
improvement district assessments. That principle, simply stated,
is that assessments should bear a reasonable approximation to
benefits received. Both front foot and square foot based
calculations are allowable under the City Code (which makes
special reference to irregularly shaped parcels in Section
22-86) . In this case, Lot 15 carries a much greater front
footage to area ratio than the other two parcels. Therefore, an
allocation based on front footage basis would overload Lot 15 as
compared to Lots 1 and 2 . This would not be consistent with the
Code or the intent of fair and equitable assessments that the
City follows on its special district assessments generally.
While TCP may have relied on the initial front footage
formula as specified in the assessment ordinance, such reliance
appears misplaced. Admittedly, original petitioners may (and in
this case did) accept front footage allocations in the creation
and assessment phases. However, once original parcels are
subdivided, Section 22-99 of the Code would permit the
reallocation of assessments on a square footage basis. In fact,
this is the method of allocation which is generally used for such
reallocations. More importantly, in the absence of any
agreed-upon reallocation, the Code specifically provides that
the entire remaining balance of the unpaid assessment continues
as a lien on the entire original tract. Thus, the present
reallocation would in fact lessen the amount of the assessment
and the legal burden which is presently imposed by the Code on
each of the assessed parcels.
4 . Conclusion
It is the determination of the Financial Officer that the
Finance Department shall proceed with the implementation of the
reallocation of assessments based on the square footage
proportions. This will include notification to the Larimer
County Assessor's office and Treasurer's office for collection of
the assessment pursuant to the relevant provisions of the City
Code.
Alan Krcmar k, F nanc al Off cer
City of Fort Collins, Colorado
Effective Date: May 4, 1988