HomeMy WebLinkAbout002 - 01/21/1986 - ASSESSING THE COST OF IMPROVEMENTS IN THE LANDMARK SPECIAL IMPROVEMENT DISTRICT NO. 80 ORDINANCE NO. 2 , 1986
OF THE COUNCIL OF THE CITY 77 7RT COLLINS, COLORADO
BEING AN ORDINANCE ASSESSING THE COST OF
IMPROVEMENTS IN THE LANDMARK SPECIAL IMPROVEMENT DISTRICT NO. 80
IN THE CITY OF FORT COLLINS, COLORADO
AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF
WHEREAS, on October 18, 1983, the City Council (the
"Council" ) of the City of Fort Collins, Colorado (the "City" )
passed and adopted on final reading Ordinance No . 132, 1983 of the
City, being an ordinance ( the "Creation Ordinance" ) creating the
Landmark Special Improvement District (the "District" ) for the
purpose of acquiring, constructing and installing street , water
line, sanitary sewer line and storm drainage improvements in the
City, all pursuant to Chapter 16 of the Code of the City; and
WHEREAS, pursuant to the Creation Ordinance and the District
Engineering Report on file with the City Clerk of the City, the
District improvements have been fully acquired, constructed and
installed; and
WHEREAS, on November 19, 1985, the Council adopted Resolution
No. 85-216, accepting the District improvements, receiving and
accepting the Statement of Cost of District Improvements and the
District Assessment Roll prepared by the Director of Finance for
the City and ordering notice of the proposed assessments to be
published as provided in S16-18 of the Code of the City; and
WHEREAS, said notice was duly published as provided in Reso-
lution No. 85-126 and the date of January 7, 1986 was set for the
hearing of complaints or objections to the proposed District
Assessment Roll; and
WHEREAS, on January 7, 1986, the Council held a public hear-
ing for the purpose of hearing and determining any complaints or
objections made in writing by any owner of property to be assessed
for District improvements, which complaint or objection was filed
in the office of the City Clerk within thirty ( 30) days from the
publication of the notice of the proposed assessments; and
WHEREAS, all complaints or objections duly made and filed by
such property owners to the Council have been heard and considered
by the Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, COLORADO:
Section 1 . That the total cost of the District improve-
ments , including the cost of construction , engineering, acquisi-
tion of existing improvements and rights-of-way, interest accruing
on bonds issued to pay the cost of improvements up to the date
when such cost will be assessed, legal fees, publication , adminis-
tration, financing and other incidentals incurred in connection
with the improvements (but excluding the 2% cost of collection
which will be added to each annual assessment by the County
Treasurer at the time such assessment is due) is $ 366, 127. The
amount or proportion of the total cost of District improvements to
be paid by other than special assessments is $ 51 , 127. The
balance of the total cost in the District, $ 315,000, is hereby
assessed upon the real property in the 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 by this reference incorpor-
ated herein.
Section 2. All assessments made herein 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 6 equal principal installments of $52,500, the first
installment estimated to be due on the 1st day of May, 1986, and
on the 1st day of May each year thereafter until the full amount
thereof has been paid, together with interest on the unpaid prin-
cipal at the rate of 10. 1 percent ( 10. 1 % ) 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 install-
ments 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 inter-
est 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 penal-
ties 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 irregular-
ities, 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 7th._ day of January , 1986 , and to
presented for final passage on the 21st day of January
1986
M yor
ATTEST:
404L��
City Clerk
Passed and adopted on second reading this 21st day of
January 198 6
,if/ d ��i✓wGfO,rtf .
mayor
ATTEST:
City C1
-3-
Exhibit A
ASSESSMENT ROLL
Name of Owner Description of Property Amount of Assessment
to a ASseSse�
Landmark Apartments, Ltd. , A parcel of land located in the NW 1/4 of $ 315,000.00
a Colorado Limited Partnership Section 23, T7N - R69W of the 6th P.M. ,
City of Fort Collins, County of Larimer,
State of Colorado, being more particularly
described as follows:
1 . Lot 1 - Landmark Subdivision P.U.D. as
platted and recorded with Larimer County .
2. South half of Hobbit Street right-of-
way as dedicated by Plat of Wind Trail
Condominiums P.U.D. which is recorded with
Larimer County .
3. The Northeast one quarter of the
Shields Street - Prospect Street right-of-
way intersection.