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HomeMy WebLinkAbout132 - 10/18/1983 - RELATING TO THE CREATION AND ORGANIZATION OF THE LANDMARK SPECIAL IMPROVEMENT DISTRICT NO. 80 ORDINANCE NO. 132, 1983 OF THE COUNCIL OF THE CITY OF FORT COLLINS RELATING TO THE CREATION AND ORGANIZATION OF THE LANDMARK SPECIAL IMPROVEMENT DISTRICT NO. 80 , AND PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN. WHEREAS, heretofore the necessary proceedings were initiated to create the Landmark Special Improvement District No. 80 (the "District") for the purpose of installing the following improvements to wit: street pavement , curbs and gutters, sidewalks, water lines , sanitary sewer lines and storm drainage improvements , for the benefit of the property contained within the boundary of said District; and WHEREAS , the City of Fort Collins , Colorado, (the "City" ) has received the necessary reports and waived any notice requirements pursuant to Section 16-38 of the Code of the City; and WHEREAS , the sole property owner in said District , M. Rolle Walker (the "Petitioner" ) has expressly waived , in writing, notice and other provisions to which he would otherwise be entitled pursuant to Chapter 16 of the Code of the City; and WHEREAS , the Petitioner shall enter into an agreement with the City concerning the formation of said District and providing therein the rights and responsibilities of all parties relative to said District; and WHEREAS , the City Council is of the opinion that it is in the best interests 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 special improvement district under and by virtue of the provisions of Chapter 16 of the Code of the City, and pursuant to the provisions set forth in the agreement between the City and the Petitioner regarding said District, to be known as the Landmark Special Improvement District No. 80 comprised of the following real property, to wit: Lot 1 , Landmark Subdivision P. U. D. in the City of Fort Collins , Larimer County, Colorado. Section 2 . That the improvements to be constructed in said District shall consist of the following : street pavement , curb and gutter, sidewalks , water lines , sanitary sewer lines and storm drainage improvements , all as more fully set forth in the map, plans and specifications heretofore submitted by the Director of Public Works for said District and accepted by the City Council by resolution. Section 3. The estimated total cost of the District improvements including engineering costs , but excluding the cost of planning, constructing or otherwise acquiring the improvements; legal and advertising costs; interest during construction and until assessments are made by ordinance against the properties benefitted and other costs to the District, as shown by the estimate of probable total cost as made by the Director of Public Works, is $720 , 000 . 00 . The estimated amount or proportion of the total cost to be paid by other than special assessments is $470 , 800 . 00 . The balance of the estimated total cost in the District, $249 , 200 . 00 , upon the completion of the improvements , shall be assessed against the property in the District owned by the Petitioner as follows : 3 . 1 Street and Utility Improvements to Hobbit Street The Petitioner in the District has heretofore waived the provisions of Section 16-8 of the City Code (relating to the maximum cost of improvements) with regard to the street and utility improvements to Hobbit Street in the District and the total actual cost for said improvements shall be assessed against property owned by the Petitioner on a front footage basis and , further, said property shall be assessed the cost of improving that portion of Hobbit Street within the District not abutting said property , subject to reim- bursement therefor pursuant to Section 99-6B ( 6) , Section 112-43 and Section 112-74E (6 ) of the City Code. 3. 2 Street Improvements to Prospect and Shields Streets The cost of street improvements to Prospect and Shields Streets within the District shall be assessed against property in the District owned by the Petitioner , on a front footage basis. 3 . 3 Street Improvements to. the Intersection of Prospect and Shields Streets The cost of street improvements to the southeastern quarter of the intersection of Prospect and Shields Streets shall be assessed against property in the District owned by the Petitioner, on an area basis . 3 . 4 Importation Canal Improvements The cost of storm drainage improvements on the property in the District owned by the Petitioner and consisting of a storm drainage importation canal seventy feet in width and running from the western boundary line of said property adjacent to Shields Street to the eastern bound- ary of said property, on an area basis. Section 4 . That pursuant to Chapter 16 of the Code of the Collins, the Council has considered all complaints or objections made and filed in writing by the owners of any real property to be assessed or any interested persons; and that the Council further finds that all requirements of the City Code respecting the organization of the District have been observed and complied with in all respects; 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 3 . That the City Manager is authorized to enter into an agreement on behalf of the City with the Petitioner concerning the formation of said District and providing therein the rights and responsibilities of the Petitioner and the City relative to said District. Section 6 . 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 7 . 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. Introduced , considered favorably on first reading , and ordered published this 4th day of October , A. D. 1983 , and to be presented for final passage on the 18th day of October A. D. 1983. y r ATTEST: City Clerk Passed and adopted on final reading by the Council of the City of Fort Collins this 18th day of October, A.D. 1 a or ATTEST: City Clerk