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HomeMy WebLinkAbout040 - 04/16/1985 - RELATING TO THE CREATION AND ORGANIZATION OF THE ROSSBOROUGH SPECIAL IMPROVEMENT DISTRICT NO. 85 ORDINANCE NO. 40 -1985 OF THE COUNCIL OF THE CITY OF FORT COLLINS RELATING TO THE CREATION AND ORGANIZATION OF THE ROSSBOROUGH SPECIAL IMPROVEMENT DISTRICT NO. 85 AND PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN. WHEREAS, heretofore the necessary proceedings were initiated to create the Rossborough Special Improvement District No . 85 (the "District" ) for the purpose of installing the following improve- ments , to wit: street, street lighting, curb, gutter and side- walks, water, sanitary sewer, and storm drainage 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 said improvements in said District by the acceptance of a Petition of the property owner in said District and the adoption of Resolution No . 85- 47 relating thereto on the 2d day of April, 1985, and Resolution No. 85-48 on the 2d day of April, 1985; and WHEREAS, the property owner in said District ( the "Petitioner" ) has expressly waived , in writing, notice and other provisions to which it would otherwise be entitled pursuant to Chapter 16 of the Code of the City; and WHEREAS, the City of Fort Collins, Colorado (the "City" ) , has received the necessary report and accepted the waiver of any notice requirements pursuant to Chapter 16 of the Code of the City; and WHEREAS, the Petitioner shall enter into agreements with the City concerning the formation of said District and the management of the construction of District 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 form 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 iT mp ovement district under and by virtue of the provisions of Chapter 16 of the Code of the City, and pursuant to the provi- sions set forth in the agreement between the City and the Petitioner regarding said District, to be known as the Rossborough Special Improvement District No. 85, 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 Districr t s� be constructed in two phases and shall consist generally of street, street lighting, water, storm drainage, and sanitary sewer improvements as more fully described in the Engineerinq Report for the District and Resolution 85- 47 on file with the City Clerk and incorporated herein by reference. Section 3. The estimated total cost of the street , curb, gutter,—dewalk, street lighting, water, sanitary sewer, and storm drainaqe improvements in the District , including without limitation, the cost of planning, constructing, enqineering, or otherwise acquiring the improvements (and excluding legal and advertising costs, interest during construction and until assess- ments are made by ordinance against the properties benefited and other costs of the District) as shown by the estimate of probable total cost, as made by the Director of Public Works, is $1 ,978,020.00. The estimated amount or proportion of the total cost to be paid by other than special assessments is $76, 144.00. The fore- goinq shall constitute the maximum obligation of the City, notwithstanding that costs might exceed estimates heretofore submitted, unless appropriation is made therefor . The balance of the total cost in the District ( i .e . , estimated at $1 ,901 ,876.00) upon the completion of the improvements shall be apportioned in an assessment roll against each lot to be assessed, which assessment roll shall include additional assessments to cover the costs of legal and advertising, interest during construction and until assessments are made by ordinance against the property benefited, and other incidental costs of the District. Assessments shall be levied by an assessing ordinance. Such assessment shall be a lien until paid in the several amounts assessed against each lot. The cost of acquiring, constructing, or otherwise installing the improvements in the District shall be assessed against those lots owned by the Petitioner, in the manner set forth in the Petition for the District on file with the City Clerk. Each assessment -2- shall be sufficient to cover the portion of the total cost of the improvements to be defrayed by special assessments . Section 4. The entire unpaid principal of any assessment , together with interest accruing thereto 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, unless the purchaser or transferee thereof shall acknowledge , in writing, receipt of notice that the seller or transferor is not paying such assessment in full prior to such sale or transfer, and that such assessment against such lot shall continue to be a lien thereon . Section 5. That pursuant to Chapter 16 of the Code of the City, the Council has 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 of the City 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 in the District, as provided for in the maps , plans and specifications heretofore adopted by the Council, be and they hereby are, ordered to be constructed. Section 6. That the City Manager is authorized to execute agreements on behalf of the City with the Petitioner concerning the formation of said District and the management of construction of the District, and to provide- in said agreements the rights and responsibilities of the Petitioner and the City relative to said District. Section 7. When the improvements herein authorized have been completed and the same approved and accepted by the City, the costs as set forth in Section 3 above shall be assessed upon the real property in said District, all as hereinbefore set forth. Section 8. This Ordinance shall be irrepealable until the indebtedness herein provided for, whenever the same shall be created, shall have been duly paid, satisfied, and discharged as herein provided. -3- INTRODUCED, CONSIDERED FAVORABLY ON FIRST READING, AND ORDERED PUBLISHED THIS 2nd DAY OF April , A.D. , 1985, AND TO BE PRESENTED FOR FINAL PASSAGE ON THE 16th DAY OF April , A.D. , 1985. mayorls , ATTEST: Nult4')�k .�" _ City Clerk Passed and adopted on final reading by the Council of the City of Fort Collins this 16th- day of April _, AA.,�D__. , 1985. Mayor ATTEST: YYkA City Clerk -4- EXHIBIT "A" Rossborough, Third Filing, City of Fort Collins , County of Larimer, State of Colorado, according to the recorded plat thereof, and also including the rights-of-way for Taft Hill Road and Horsetooth Road as dedicated on the plat of Rossborough, First Filing.