HomeMy WebLinkAbout044 - 05/06/1986 - ASSESSING THE COST OF IMPROVEMENTS IN THE LEMAY/HARMONY SPECIAL IMPROVEMENT DISTRICT NO. 78, PHASE I ORDINANCE NO. 44 , 1986
OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
BEING AN ORDINANCE ASSESSING THE COST OF
IMPROVEMENTS IN THE LEMAY/HARMONY
SPECIAL IMPROVEMENT DISTRICT NO. 78 , PHASE I
CITY OF FORT COLLINS , COLORADO
AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF
WHEREAS , on July 5 , 1983 , the City Council ( the "Council" )
of the City of Fort Collins , Colorado ( the " City" ) passed and
adopted on final reading Ordinance No . 86 , 1983 of the City ,
being an ordinance ( the " Creation Ordinance" ) creating the
Lemay/Harmony Special Improvement District No. 78 , Phase I (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 January 7 , 1986, the Council adopted Resolution
No . 86-5 , 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 § 16-18 of the Code of the City; and
WHEREAS , said notice was duly published as provided in
Resolution No. 86-5 and the date of April 15 , 1986 was set for
the hearing of complaints or objections to the proposed District
assessment roll ; and
WHEREAS , on April 15 , 1986 , the Council held a public
hearing for the purpose of hearing and determining any complaints
or objections made 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
improvements , including the cost of construction , engineering ,
acquisition 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 , administration , financing and other incidentals
incurred in connection with the improvements (but excluding the
28 cost of collection which will be added to each annual
assessment by the County Treasurer at the time such assessment is
due ) is $ 2,222,356 The amount or proportion of the total
cost of District improvements to be paid by other than special
assessments is $ 67,000 The balance of the total cost
in the District, $2 , 155 , 356 , 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 incorporated herein by reference.
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 12 equal principal installments , the first
installment being due on the 1st day of July , 1986 , and on the
1st day of July of each year thereafter until the full amount
thereof has been paid , together with interest on the unpaid
principal at the rate of 10 . 36308 percent 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 ( 18 ) 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 ( 18) 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.
Section 7 . All action (not inconsistent with the provisions
of this ordinance) heretofore taken by the City or its officers
directed toward the acceptance of District Improvements , the
presentation and filing of the Statement of District Costs and
the District Assessment Roll , and the ordering of Notice to
property owners to be assessed and to persons interested
generally is hereby ratified , approved and confirmed.
Introduced , considered favorably on first reading , and
ordered published this 15th day of AD ril , 198 6 , and to
be presented for final passage on the 6th day of May
198 6 .
Mayor
ATTEST:
I- "--ity erk
Passed and adopted on second reading this 6th day of
May 198 6
Mayor
ATTEST:
Cit-S