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Home My WebLink About014 - 02/04/1986 - ASSESSING COST OF IMPROVEMENTS IN STREET IMPROVEMENT DISTRICT NO. 76 ORDINANCE NO. 14 , 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS BEING AN ORDINANCE ASSESSING THE COST OF IMPROVEMENTS IN STREET IMPROVEMENT DISTRICT NO. 76 AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF WHEREAS, heretofore by appropriate ordinances and resolutions duly adopted by the Council for the City of Fort Collins , there was established Street Improvement District No. 76 for the acquisition, construction, and installation of street lighting, curb, gutters, sidewalk, storm drainage, and local street improvements (the "Improvements" ) in the City; and WHEREAS , pursuant to said ordinances and resolutions , said improvements have been installed and accepted by the City of Fort Collins, Colorado ; and WHEREAS, upon accepting said improvements, the City Council adopted the reports of the City Engineer and the Director of Finance respecting the cost of such improvements and the schedule of assessments ; and WHEREAS, the City Clerk has, by publication and mailing of a notice in accordance with §16-18 of the Code, notified the owners of property to be assessed and all persons interested generally that the Improvements have been completed and accepted ; and WHEREAS, January 21, 1986, was the date set for the hearing of complaints and objections and the determinations of the same; and WHEREAS, on January 21, 1986, the Council of the City of Fort Collins held a public hearing for said purposes ; and WHEREAS, all complaints and objections in writing filed by property owners within the District have been considered by the City Council . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the total cost of the improvements in Street Improvement District No. 76, including final construction costs; engineering and construction management costs ; acquisition costs of existing improvements and rights of way; interest accruing on bonds issued for the District and; legal fees, publication, administration, financing and other incidentals incurred in connection with the improvements for the District (but excluding the 2% cost of collection which will be added to the assessment at the time such assessment is due) is $806,267.24. The amount or proportion of the total cost of District improvements to be paid by other than special assessments is $ 754,611.12. The balance of the total cost in the District, $51,656.12, is hereby assessed upon the real property in th District in accordance with the resolutions and ordinances pertaining to the District adopted by the Council and the provisions of Chapter 16 of the Code of the City. The proportion of the total District cost to be assessed upon each lot or tract of land in the District shall be as set forth on Exhibit A attached hereto and incorporated herein by reference. Section 2. All assessments herein provided for shall be due and payable within thirty (30) days after the final publication of this Ordinance, without demand, provided that all such assessments may, at the election of the owners of the property assessed, be paid in six (6) equal installments, the first installment being due on the first day of May, 1987 , and on the first day of May of each year thereafter until the full amount thereof has been paid, together with interest on the unpaid principal at the rate of 11.1258% per annum, said interest to be payable at the time of the principal payments. Section 3. In the case of such election to pay in installments as set forth herein, the failure to pay any installment, whether of principal or interest, when due shall cause the entire remaining principal balance and accrued interest thereon to become due and collectible immediately and the entire remaining principal balance and accrued interest thereon shall thereafter draw interest at the rate of one percent (1%) per month or fraction of a month until the day of sale of the property as provided in Chapter 16 of the City Code. At any time prior to the day of sale, the owner may pay the amount of all unpaid installments with interest at one percent ( 1%) per month or fraction thereof and all penalties accrued and shall be restored to the right thereafter to pay in installments in the same manner as if default had not occurred. Section 4. All assessments made herein, together with all interest thereon and penalties for default in payment thereof, shall be a lien in the several amounts assessed against each property from the date of the publication of the assessing ordinance and shall be a first and prior lien over all other liens except general taxes in the same manner as general taxes now provided by law. Section 5. All complaints or objections duly made in writing and filed with the City as provided in Chapter 16 of the City Code have been heard and considered by the Council and the Council hereby finds and determines that the assessments made herein are equitable and proper. Section 6. All actions , legal or equitable, for relief against the assessments made herein, whether based upon irregularities, jurisdictional defects or other grounds, shall be commenced within thirty (30) days after the final passage of this ordinance or else be thereafter perpetually barred. Introduced, considered favorably on first reading, and ordered published this 21st day of January, A.D. 1986, and to be presented for final passage on the 4th day of February, A.U. 1986. Mayor ATTEST: _ CJ City Cl Passed and adopted on final reading this 4th day of February, A.D. 1986. May Or ATTEST: 7J�1�1 i t�erk STREET IMPROVEMENT DISTRICT NO 76 ASSESSMENT ROLL West Horsetooth Road College Avenue to New Mercer Canal NAME AND ADDRESS DESCRIPTION ASSESS RATE HM Associates , Ltd. Cum, at a Pt. 30 ft. N. and 30 ft. W. of SE Cor. P.O. Box 1208 26-7-69, N 148.5 ft. , W 181.5 ft. M/L to Fort Collins, CO 80522 ROW of Lar Co. Canal # 2, th. in a serly. Parcel No. 97260-00-003 dir. alg. said canal to a Pt. on E. line of Frontage Feet: 105.33 ROW of said canal # 2 which is 30 ft . N. of Sec In, th. E 115.5 ft. M/L to POB., and beg. at a Pt. wh. Amount : $ 5,295.21 bears N 00°19'00" E 30 ft. and again N 89°54'00 W 145.50 ft. , from SE Cor. 26-7-69, th. N 23°41'00" W 162.16 ft. , N 89°5410011W 26.00 ft. , S30003130" E 20.09 ft. , S 25°30' 00" E 145.25 ft. to Pt. on Northerly ROW In of Co. Rd. , th. S 89054'00" E 18.59 along sd nrly. ROW In to POB, Less State Hwy. HM Associates, Ltd. Beg. at a Pt. 30 ft. N. and 184.81 ft. W of SE P.O. Box 1208 Cor. 26-7-69, Th. W 100.00 ft., N 05°17'00" W Fort Collins, CO 125.78 ft. , N 85°12'00" E 50ft. to Wrly ROW Parcel No. 97260-00-007 In Lar. Co. Canal # 2, S 25°30'00"E 143.40 ft. , Frontage Feet: 112.91 along said ROW In to P.O.B. ; and also beg. at a Pt. which bears N 00°19 00" E 30.00 ft. and Amount: $ 5,676.28 again N 89°54'00"W 164.09 ft. from SE Cor. 26-7-69, thence N 89°54'00" W 20.64 ft. , ' thence N 25030'00" W 143.40 ft. , N 85018 OO"E 19 92 ft. to a Pt. on approx. C/L of Lar. Co. Canal 2, th. S 25030 '00"E 145.25 ft. along sd, approx. C/L to P.O.B. G & 0 Investment Co. Lot 17 , South Mesa Subdivision, 955 Decatur Street Fort Collins, CO Building C Denver CO 80204 Parcel No. 97264-14-017 Frontage Feet: 98.49' Amount: $ 4,951 .35 STREET IMPROVEMENT DISTRICT NO. 76 ASSESSMENT ROLL West Horsetooth Road College Avenue to New Mercer Canal NAME AND ADDRESS DESCRIPTION Gasomat Oil Corp. Lot 19, South Mesa Subdivision 999 18th St. Fort Collins, CO #355 Denver, CO 80202 Parcel No. 97264-14-019 Frontage Feet: 99.79' Amount: $ 5,016.70 Desautels, Alfred/ Lots 20 and 21 , South Mesa Subdivision Shirley M. Fort Collins, CO P.O. Box 6912 Colorado Springs, CO 80934 Parcel No. 97264-14-020 Frontage Feet: 184.60' Amount: $ 9,280.33 Donald Wells Beg. at a Pt, wh. bears N 89°49'40" Elery Wilmarth W. 593.14 ft. from NE Cor. 35-7-69 John R. Dayton th. S 01004000" W 320.00 ft. , 217 W. Horsetooth Rd. th. N 89049'40" W 300.00 ft. , Fort Collins, CO 80525 th. N 01004'00" E 320.00 ft. , Parcel No. 97350-00-017 th. S 89049'40" E 300.00 ft. to Frontage Feet 300' P.O.B. exc. 30.00 ft. off N for ROW of Horsetooth Rd.. Amount: $15,081.79 Western Slope Gas Co. Com. at intersection of W R/W In BNRR and P. 0. Box 840 S R/W In Co. Rd.; th. S 137 ft., th. Denver, CO 80201 Northwesterly 206 ft. , th. E 148 ft. to Parcel No. 97350-00-011 P.O.B. Frontage Feet: 126.40' Amount: $ 6,354.46