HomeMy WebLinkAbout024 - 03/04/1986 - ASSESSING THE COST OF IMPROVEMENTS IN THE LEMAY/HARMONY SPECIAL IMPROVEMENT DISTRICT NO. 78, PHASE I ORDINANCE NO. 24 , 1986
OF THE COUNCIL OF THE CITY bP__F_6RT COLLINS, COLORADO
BEING AN ORDINANCE ASSESSING THE COST OF
IMPROVEMENTS IN THE LEMAY/HARMONY SPECIAL IMPROVEMENT DISTRICT
NO. 78, PHASE II
IN THE 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 II (the "District" ) ,
for the purpose of acquiring, constructing and installing street,
water line, sanitary sewer line, and storm drainage improvements
( the "Improvements" ) in the City, and on July 17, 1984, the
Council passed and adopted on final reading Ordinance No. 90,
1984, amending the assessment method for the District, 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
Improvements have been fully acquired, constructed and installed;
and
WHEREAS, on January 7, 1986, the Council adopted Resolution
No. 86-6, accepting the Improvements, receiving and accepting the
Statement of Cost of 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
516-18 of the Code of the City; and
WHEREAS, said notice was duly published as provided in Reso-
lution No. 86-6 and the date of February 18, 1986 was set for the
hearing of complaints or objections to the proposed District
Assessment Roll; and
WHEREAS, on February 18, 1986, the Council held a public
hearing for the purpose of hearing and determining any complaints
or objections made in writing by any owner of property to be
assessed for the 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 Improvements, includ-
ing 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 $3,386,000. The amount or proportion of the
total cost of the Improvements to be paid by other than special
assessments is $286,000. The balance of the total cost in the
District, $3, 100,000, 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 provi-
sions 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 September, 19 , and on the 1st day of
September of each year thereafter until the full amount thereof
has been paid, together with interest on the unpaid principal at
the rate of 10. 77535% 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 ( 18) 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.
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0
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 prop-
erty 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 writ-
ing 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.
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 order-
ed published this 18th day of February , 1986, and to be
presented for final —passage on t e 4th day of March ,
1986. //'— /
Mayor '
ATTEST:
City Clerk
Passed and adopted on second reading this 4th day of
March , 1986.
ATTEST: Mayo
�y
City Clerk `
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EXHIBIT "A"
Legal Description of Evangelical Covenant Church of Fort Collins
Platted Portion:
Lot 1 and the South 1/2 of Oak Ridge Drive in the Evangelical Covenant
Church P.U.D. Phase 1 , which begins at a point which bears S 00010 ' W
900.00 feet, and again N 89*50 ' W 63.00 feet from the Northeast corner
of Section 1 , Township 6 North, Range 69 West, of the 6th P.M. , City of
Fort Collins, County of Larimer, State of Colorado, and runs thence N
89*50' W 237.00 feet; thence S 00* 10 ' W 34.00 feet; thence S 45* 10 ' W
25.46 feet; thence S 00* 10 ' W 318.69 feet; thence S 89050 ' E 255.00
feet; thence N 00010 ' E 370.69 feet to the point of beginning,
containing 2. 1523 acres.
Unplatted Portion:
A tract situate in the Northeast 1/4 of Section 1 , Township 6 North,
Range 69 West of the Sixth P.M. , City of Fort Collins, County of
Larimer, State of Colorado, which considering the West line of said
Northeast 1/4 as bearing S 00' 101W and with all bearings contained
herein relative thereto, begins at a point which bears S 00* 10 ' W
900.00 feet, and again N 89*50 ' W 300.00 feet from the Northeast corner
of said Section 1 , and runs thence along the arc of a 400 foot radius
curve to the left a distance of 598.98 feet, the long chord of which
bears S 47*16104" W 544.56 feet; thence S 89*50 ' E 380.92 feet; thence
N 00* 10 ' E 318.69 feet; thence N 45* 10 ' E 25.46 feet; thence N 00010 ' E
34.00 feet to the point of beginning, containing 2.4805 acres.
EXHIBIT "B"
Legal Description
Everitt Enterprises Limited Partnership No . 1
A tract of land situate in the West 1/2 of Section 6, Township 6 North, Range 68
West, of the Sixth P.M. , City of Fort Collins, County of Larimer, State of Colorado,
which, considering the West line of the Northwest 1/4 of said Section 6 as bearing
N 00* 10' E and with all bearings contained herein relative thereto, begins at
a point which bears S 000 10' W 81 .00 feet, and again S 89° 37' 23" E 28.00 feet,
and again N 45' 16' 37" E 12.70 feet from the Northwest corner of said Section 6,
and runs thence N 45° 16' 37" E 57.90 feet; thence S 890 37' 23" E 253.50 feet;
thence S 89' 54' 53" E 198.00 feet; thence S 890 06' 08" E 110.00 feet; thence
N 880 56' 07" E 119.00 feet; thence S 89° 52' 53" E 440.00 feet; thence S 890 37'
23" E 118.42 feet; thence S 00* 22' 37" W 105.00 feet; thence along the arc of
a 323.49 foot radius curve to the left a distance of 62.11 feet, the long chord
of which bears S 05" 07' 23" E 62.01 feet; thence S 100 37' 23" E 150.00 feet;
thence along the arc of a 1425.88 foot radius curve to the right a distance of
632.15 feet, the long chord of which bears S 02° 04' 40" W 626.99 feet; thence
along the arc of an 810.00 foot radius curve to the right a distance of 256.19
feet, the long chord of which bears S 23" 50' 21" W 255.21 feet; thence N 570 06' W
6.00 feet; thence S 320 54' W 573.77 feet; thence along the arc of a 1262.40 foot
radius curve to the left a distance of 1401 .30 feet, the long chord of which bears
S 010 06' W 1330.46 feet; thence S 300 42' E 100.00 feet; thence along the arc
of a 15 foot radius curve to the left a distance of 23.56 feet, the long chord
of which bears S 75' 42' E 21 .21 feet; thence N 590 18' E 6.00 feet; thence S 30"
42' E 68.00 feet; thence South 462.33 feet; thence S 890 34' 19" W 951 .40 feet;
thence N 000 03' 20" E 989.41 feet; thence N 000 10' E 915.81 feet; thence S 890
50' E 346.64 feet; thence N 00' 10' E 413.04 feet; thence N 89" 50' W 359.64 feet;
thence N 000 10' E 1243.03 feet to the point of beginning, containing 78.2201 acres,
AND ALSO a tract of land situate in the Northeast 1/4 of Section 1 , Township 6
North, Range 69 West, of the Sixth P.M. , City of Fort Collins , County of Lairmer,
State of Colorado, which considering the East line of said Northeast 1/4 as bear-
ing N 00' 10' E and with all bearings contained herein relative thereto, begins
at a point which bears S 00" 10' W 1762.21 feet and again N 890 50' W 63.00 feet
from the Northeast corner of said Section 1 , and runs thence N 89" 50' W 637.00
feet; thence S 00° 10' W 883.20 feet; thence S 89' 56' 50" E 649.16 feet; thence
along the arc of an 8816.97 foot radius curve to the left a distance of 122.18 feet,
the long chord of which bears N 010 06' 49" W 122.18 feet; thence N 010 30' 38" W
200.00 feet; thence along the arc of an 8340.87 foot radius curve to the right
a distance of 244.16 feet, the long chord of which bears N 000 40' 18" W 244.15
feet; thence N 000 10' E 315.72 feet to the point of beginning, containing 12.9726
acres. The total area for the two tracts described above is 91 .1927 acres.
EXHIBIT "C"
Legal Description c *
Everitt Enterprises Limited Partnership No . 1
and
KEM Homes, Inc.
A tract of land situate in the Northeast 1/4 of Section 1 , Township 6
North, Range 69 West of the Sixth P.M. , City of Fort Collins, County of
Larimer, State of Colorado, which considering the East line of said
Northeast 1/4 as bearing S 00' 10 'W and with all bearings contained
herein relative thereto, begins at a point on the West line of South
Lemay Avenue which bears S 00' 10' W 1270.69 feet, and again N 89050 ' W
63.00 feet from the Northeast corner of said Section 1 , and runs thence
S 00010 ' W 491 .52 feet; thence N 89'50 ' W 637.00 feet; thence N 00' 10 '
E 462. 21 feet; thence along the arc of a 400 foot radius curve to the
right a distance of 29.34 feet; the long chord of which bears N
02' 16137" F 29.33 feet; thence S 89'50 ' E 635.92 feet to the point of
beginning, containing 7. 1883 acres.