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HomeMy WebLinkAbout028 - 03/04/1986 - RELATING TO THE CREATION AND ORGANIZATION OF THE HARMONY TRUNK SEWER SPECIAL IMPROVEMENT DISTRICT NO ORDINANCE NO. 28 ,1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS RELATING TO THE CREATION AND ORGANIZATION OF THE HARMONY TRUNK SEWER SPECIAL IMPROVEMENT DISTRICT NO. 60 AND PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN. WHEREAS, heretofore the necessary proceedings were initiated to create the Harmony Trunk Sewer Special Improvement District No . 60 (the "District" ) for the purpose of installing the following improvements, to wit: a sanitary sewer trunk line ranging from ten ( 10) to thirty (30) inches in diameter, together with man- holes , highway and railroad cased bores , and other appurtenances ( the "Improvements" ) for the benefit of the property contained within and adjacent to the boundary of said District as set forth on Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS, the Council of the City of Fort Collins (the "Council" ) began proceedings to acquire , install , and construct the Improvements in said District by the acceptance of Petitions of the property owners in said District and the adoption of Reso- lution No. 86-21 relating thereto on the 4th day of February, 1986, and Resolution No . 86-22 on the 4th day of February, 1986; and WHEREAS, the City of Fort Collins , Colorado (the "City" ) , has received the necessary engineering report and accepted the waiver of any notice requirements pursuant to Chapter 16 of the Code of the City (the "Code" ) ; and WHEREAS, the property owners in said District ( the "Petitioners" ) have expressly waived , in writing, notice and other provisions to which they would otherwise be entitled pursuant to Chapter 16 of the Code; and WHEREAS, the Petitioners shall enter into agreements with the City concerning the formation of the District and the manage- ment of the construction of the Improvements and shall provide therein the rights and responsibilities of all parties relative thereto; and WHEREAS, the Council is of the opinion that it is in the best interest of the residents of the City to create said District . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1 . That there is hereby created and organized a specia improvement district under and by virtue of the provisions of Chapter 16 of the Code , and pursuant to the provisions set forth in the agreement between the City and the Petitioners regarding said District, to be known as the Harmony Trunk Sewer Special Improvement District No . 60, comprised of the real property described on Exhibit "A" , attached hereto and by this reference made a part hereof . Section 2. That the Improvements to be constructed in said District shall consist generally of a sanitary sewer trunk line ranging from ten ( 10) to thirty ( 30) inches in diameter, together with manholes, highway and railroad cased bores, and other appurtenances , as more fully described in the Engineering Report for the District and Resolution 86-22 on file with the City Clerk and incorporated herein by reference . Section 3. That the estimated total cost of the Improvements in the Di strict , including without limitation , the cost of acquir- ing, planning, engineering, and constructing the Improvements ( but excluding legal and advertising costs, interest during construc- tion and until assessments are made by ordinance against the properties benefited, financing and other costs to the District) , as shown by the estimate of probable total cost, as made by the Director of Public Works, is $ 945, 200. Section 4. That the estimated amount or proportion of the total probable cost of the Improvements to be paid by the City at large and not by assessments against property in the District is $ 320, 500. The foregoing constitutes the maximum obligation of the City notwithstanding that costs might exceed estimates heretofore submitted, unless appropriation is made therefor. The balance of the total actual cost in the District (esti- mated to be $ 624,700) , upon the completion of the Improvements, shall be apportioned in an assessment roll against each lot, tract, or parcel of land to be assessed which assessment roll shall include additional assessments to cover the costs of legal and advertising, interest during construction and until assess- ments are made by ordinance against the properties benefited, financing and other incidental costs to the District. Assessments shall be levied by an assessing ordinance . Such assessments shall be a lien until paid in the several amounts assessed against each lot , tract, or parcel of land. The cost of acquiring, construct- ing, or otherwise installing the Improvements in the District , together with all costs incurred in formation and financing of the District, shall be assessed against those lots , tracts , or parcels -2- of land owned by the Petitioners and in the manner set forth in the Petitions for the District on file with the City Clerk. The total of all aggregated assessments shall be sufficient to cover the portion of the total cost of the Improvements to be defrayed by special assessments. Section 5. After any lot, tract, or parcel of property within the Bi trict is divided into smaller parcels or other property interests, the assessment against such lot , tract, or parcel shall be reallocated so that the assessment against each such smaller parcel or other property interest shall bear the same ratio to the original assessment against such lot, tract or parcel as the proportionate interest in such smaller parcel or other property interest bears to the interest in sellable land in such original lot, tract or parcel as so divided into smaller parcels or other property interests. The entire unpaid principal of any assessment or reallocated assessment , as the case may be, together with interest accruing thereon to the next assessment interest payment date (except to the extent that interest on the bonds to be issued by the City for the District has been capitalized through such date) shall be immediately due and payable by the seller or transferor thereof prior to the sale or transfer of any lot, tract or parcel, or portion thereof if such lot, tract or parcel shall have been divided as aforesaid, unless the purchaser or transferee thereof shall acknowledge , in writing, receipt of notice that the seller or transferor is not paying such assessment or reallocated assessment in full prior to such sale or transfer, and that such assessment or reallocated assessment against such lot , tract or parcel , or portion thereof as the case may be , shall continue to be a lien thereon. Section 6. That pursuant to Chapter 16 of the Code , the Counc" as considered all complaints or objections made or filed in writing by the owners of any real property to be assessed and any other interested person; and that the Council further finds that all requirements of the Code regarding the organization of the District have been observed and complied with or properly waived in accordance with Section 16-38 of the Code; and it is hereby ordered that the Improvements as provided for in the maps, plans and specifications heretofore adopted by the Council, be and they hereby are, ordered to be constructed. Section 7. That the City Manager is authorized to execute agreements on behalf of the City with the Petitioners concerning the formation of said District and the management of construction of the District, and to provide in said agreements the rights and -3- responsibilities of the Petitioners and the City relative to said District. Section 8. When the Improvements herein authorized have been complet—e —anT the same approved and accepted by the City, the costs as set forth in Section 4 above shall be assessed upon the real property in said District, all as set forth in the Petitions and Resolution 86-22 for the District on file with the City Clerk. Section 9. This Ordinance shall be irrepealable until the indebte nn ess fierein provided for, whenever the same shall be created, shall have been duly paid, satisfied, and discharged as herein provided. INTRODUCED, CONSIDERED FAVORABLY ON FIRST READING, AND ORDERED PUBLISHED THIS 18th DAY OF February_ , A.D. , 1986, AND TO BE PRESENTED FOR FINAL PA AGE ON THE —TtF—DAY OF March , A.D. , 1986. Mayor ATTEST: City Clerk Passed and adopted on final reading by the Council of the City of Fort Collins this 4th day of March , A.D. , 1986. Mayor ATTEST: -4- EXHIBIT "A" Description of Total Special Improvement District A part of Sections 5 and 6, Township 6 North, Range 68 West, of the Sixth P.M. , County of Larimer, State of Colorado, which, considering the West line of the Southwest 1/4 of said Section 5 as bearing N 0002413011W, and with all bearings contained herein relative thereto, begins at a point which bears S 0002310711E 170. 00 feet from the Northwest corner of said Section 5, and runs thence along the South line of Colorado State Highway No. 68 , S 8903710611 E 30. 00 feet, and again N 4500010911E 70 . 20 feet, and again S 8903710611E 2570. 00 feet; thence S 0100112011E 3757 . 43 feet; thence S 8903913511W 2691. 31 feet; thence N 0002413011W 277 . 86 feet; thence N 800 2111011W 1956. 72 feet to the easterly line of the Union Pacific Railroad right-of-way; thence along said railroad right-of-way; N 1403013811E 731. 03 feet; thence S 8905213311E 1738 . 53 feet; thence N 0002310711W 2430. 79 feet to the point of beginning. AND ALSO a part of said Section 6 which begins at a point on the South right-of-way line of Colorado State Highway No. 68 which bears S 8903712311E 1332 . 00 feet, and again S 0002213711 W 26. 00 feet from the Northwest corner of said Section 6, and runs thence along said southerly Highway right-of-way, S 8903712311E 897 . 25 feet to the boundary of a cemetery; thence along said cemetery boundary, S 000211271tE 303 . 99 feet, and again S 8903712311E 313 . 50 feet, and again N 0002112711W 301. 99 feet to said southerly highway right-of-way; thence along said southerly highway right-of-way, S 8904015311E 655. 70 feet, and again S 8804110811E 115 . 00 feet, and again along the arc of a curve to the right a distance of 493 . 40 feet, the long chord of which bears S 8701015311E 493 . 30 feet, and again along the arc of a curve to the right a distance of 29. 70 feet, the long chord of which bears S 840 3115311E 29. 70 feet, and again S 8100912311E 93 . 76 feet to the westerly line of the Union Pacific Railroad right-of-way; thence along said westerly railroad line along the arc of a 3744 . 83 foot radius curve to the right a distance of 326 . 77 feet, the long chord of which bears S 1200013411W 326 . 66 feet, and again S 14030138"W 947 . 10 feet, and again N 890481 2211W 25 . 81 feet, and again S 1403013811W 2705. 81 feet; thence S 8904115011W 352 . 17 feet; thence N 0002112711W 335. 50 feet; thence S 8903411911W 1572 . 17 feet; thence North 462 . 33 feet; thence N 300421W 183 . 00 feet; thence along the arc of a 1241. 40 foot radius curve to the right a distance of 1377. 99 feet, the long chord of which bears N 010061E 1308 . 33 feet; thence N 320541E 480. 07 feet; thence S 420451E 499 . 87 feet; thence N 470151E 151. 00 feet; thence N 020151E 89 . 10 feet; thence N 470151E 112 . 00 feet; thence N 420451W 476. 57 feet; thence N 7200412511W 72 .82 feet; thence along the arc of an 825. 00 foot radius curve to the left a distance of 45. 32 feet, the long chord of which bears N 1602110811E 45 . 32 feet; thence along the arc of a 1440. 88 foot radius curve to the left a distance of 633 . 80 feet, the long chord of which bears N 0200414011E 633 . 58 feet; thence N 1003712311W 150. 00 feet; thence along the arc of a 308 . 49 foot radius curve to the right a distance of 59. 22 feet, the long chord of which bears N 0500712311W 59. 13 feet; thence N 0002213711E 105. 00 feet to the point of beginning. The total area of the Special Improvement District, as described, is 464 . 5572 acres, more or less.