HomeMy WebLinkAbout090 - 07/17/1984 - AMENDING ORDINANCE NO. 086, 1983 WITH REGARD TO THE ALLOCATION OF COSTS AMONG CERTAIN PROPERTY OWNER i •
ORDINANCE NO. 90 , 1984
OF THE COUNCIL OF THE CITY OF FORT COLLINS
COLORADO , (THE "CITY" ) AMENDING ORDINANCE NO. 86.
1983 OF THE CITY WITH REGARD TO THE ALLOCATION OF COSTS
AMONG CERTAIN PROPERTY OWNERS IN THE LEMAY/HARMONY
SPECIAL IMPROVEMENT DISTRICT NO. 78.
WHEREAS , the City Council on July 5, 1983 , approved on second
reading Ordinance No . 86, 1983, creating and organizing the Lemay/
Harmony Special Improvement District No . 78 (The "District" ) and
providinq for the financing and construction of improvements therein in
two separate phases ( "Phase 1 " and "Phase 2" ) ; and
WHEREAS, Section 7 and Exhibit B of said Ordinance No . 86 provide
for the allocation of costs for Phase 1 and Phase 2 District
improvements by and among the various owners of property within the
District; and
WHEREAS , on September 6, 1983 , the City Council authorized by
ordinance the issuance of District bonds for Phase 1 District
improvements in the amount of $1 ,885,000 and now desires to proceed
with the issuance of District bonds for Phase 2 District improvements;
and
WHEREAS , in the opinion of the City Council , it is necessary to
make certain amendments to the cost allocation formula set forth in
Ordinance No. 86, 1983, with regard to those properties within the
District owned by Everitt Enterprises, Inc. , Everitt Lumber Co. , Inc. ,
and Everitt Development, Inc. , collectively referred to in this
ordinance as the "Everitt Companies" ; and
WHEREAS, Section 16-9 of the City Code authorizes the City Council
to make changes in a special improvement district after the first
publication of notice to property owners provided that such change is
adopted by ordinance of the City Council; and
WHEREAS, the City Council believes that the amendment set forth
herein relating to the cost allocation forumula for properties of the
Everitt Companies within the District will result in a more equitable
assessment against such properties.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1 . That, pursuant to Section 16-9 of the City Code , the City
Council hereby amends Ordinance No. 86, 1983, of the City to provide
that the costs of Phase 2 District improvements as established in said
ordinance for each of the properties of the Everitt Companies within
Phase 2 of the District shall be combined and the total cost therefore
assessed by the City against the properties of the Everitt Companies
within Phase 2 of the District on an area basis so that the assessment
against each piece of property assessed shall be in the proportion that
the square footage of such piece of property bears to the total square
footage of the assessable properties of the Everitt Companies within
the District.
.... ...._.. .
Section 2 . That the Everitt Companies have heretofore by separate
written documents filed with the City waived any and all of the
provisions of Chapter 16 of the code relating to or requiring public
hearings, notices , or publications .
Section 3. That the City Manager is hereby authorized to execute an
agreement with the Everitt Companies on behalf of the City concerning
the allocation of Phase 2 District costs among properties of the
Everitt Companies set forth herein.
Introduced , considered favorably on the first reading, and ordered
published this 3rd day of July , A.D. 1984, and to be
presented for final passage on the 17th day of July
A.D. 1984.
-&�
Mayor 9 —ATTEST-
City Clerk
Passed and adopted on final reading on this 17th day of
July _,A.D. 1984.
Mayor
ATTEST?
City Clerk