HomeMy WebLinkAbout073 - 08/21/1984 - RELATING TO THE CREATION AND ORGANIZATION OF THE HORSETOOTH ROAD SPECIAL IMPROVEMENT DISTRICT NUMBER ORDINANCE NO. 73 , 1984 OF THE COUNCIL OF THE CITY OF
FORT COLLINS RELATING TO THE CREATION AND ORGANIZATION OF
THE HORSETOOTH ROAD SPECIAL IMPROVEMENT DISTRICT NUMBER 83
AND PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN.
WHEREAS , the necessary proceedings have been initiated to
create the Horsetooth Road Special Improvement District No . 83
(The District) for the purpose of installing the following
improvements to wit:
A seventy-foot flowline to flowline arterial street section
including earthwork, subgrade preparation, sub-base , pavement
structure , concrete curb and gutter and 5-foot detached sidewalk
along each side , adjustment of all existing street intersections,
storm drainage facilities , extension to the north of the New
Mercer Ditch box culvert, and streetscape landscaping; and
WHEREAS , the City of Fort Collins, Colorado (City) has
received the necessary reports and waivers of all notice require-
ments pursuant to §16-38 of the Code of the City; and
WHEREAS , the property owners in said district have expressly
waived in writing notice and other provisions to which they would
otherwise be entitled pursuant to Chapter 16 of the code of the
City; and
WHEREAS , the property owners have submitted a Master Agree-
ment concerning the formation of said District and providing
therein the rights and responsibilities of all parties relative to
said district and shall enter into a Management Agreement to
provide for construction management of the same ; 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;
and
WHEREAS the City of Fort Collins is further of the opinion
that it is in the best interests of the residents of the City to
pay out of any legal fund available to the City certain over-
sizing, landscaped median and other costs in connection with the
improvements as well as advancing the necessary funds to pay for
the improvements adjacent to the Southside Baptist Church.
NOW, THEREFORE , BE IT BE ORDAINED by the Council of the City
of Fort Collins :
1 . There is hereby created and organized a Special Improve-
ment 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 Master Agreement between the City and the landowners within
the district to be known as the Horsetooth Road Special Improve-
ment District No. 83 comprised of the real property described on
Exhibits A through H attached hereto and incorporated herein by
this reference.
2. The improvements to be constructed in said district
shall consist of the following:
A seventy-foot flowline to flowline arterial street section
including earthwork, subgrade preparation, sub-base, pavement
structure , concrete curb and gutter and 5-foot detached sidewalk
along each side , adjustment of all existing street intersections ,
storm drainage facilities , extension to the north of the New
Mercer Ditch box culvert crossing, and streetscape landscaping all
as more fully set forth in the map , plans and specifications ( as
supplemented) heretofore submitted by the Director of Public Works
for said district and accepted by the City Council by Resolution.
3 . The estimated total cost of the District improvements
including engineering costs but excluding the costs of planning,
legal and advertising costs ; interest during construction and
until assessments are made by ordinance against the properties
benefited and other costs to the district , as shown by the
estimate of probable cost made by the Director of Public Works is
$959 , 432 . The incidental costs excluded above are estimated at
$223 , 920 .
The maximum amount of the total cost to be paid not by
assessment but by the city for oversizing and for payment for the
improvements adjacent to the Southside Baptist Church shall be :
Oversizing, Michie right-of-way acquisition, electric reloca-
tion and landscaped medians - $582 , 100
Improvements adjacent to the Southside Baptist Church-esti-
mated to be $19 ,400.
The balance of the total cost of the District (whether
conforming to the estimates or not) upon completion of the
improvements shall be assessed against the property in the
district on a lineal foot frontage basis fronting on Horsetooth
Road with the total construction costs and other costs as more
fully set forth in the Master Agreement distributed equally
throughout the project except as follows :
A. Warren property: no assessment for storm drainage .
-2-
B. Michie property: no assessment for storm drainage
or landscaping, and assessment shall be based on capitalized
interest for one year .
C . Brown Farm Property: no assessment for landscaping.
D. Chism Homes , Inc . Property: no assessment for
land-scaping.
4. Pursuant to Chapter 16 of the Code of the City of Fort
Collins , the Council has considered all complaints or objections
made or filed in writing by the owners of any real property to be
assessed or any interested person; and the Council finds that all
requirements of the City Code respecting the organization of the
District have been either waived or fully observed an complied
with in all respects ; and it is hereby ordered that the improve-
ments in the district as provided for in the maps , plans and
specifications (as supplemented) heretofore adopted by the Council
be , and they hereby are , ordered to be constructed.
5 . The City Manager is authorized to enter into the Master
Agreement on behalf of the City with the property owners concer-
ning the formation of said district and providing therein the
rights and responsibilities of the owners in the City relative to
said District. Said agreement shall provide for City paying the
oversizing, certain landscaping and other costs above described as
well as paying the amount for improvements adjacent to the
Southside Baptist Church as above described. The City Manager is
further authorized to enter into a Reimbursement Agreement with
the Southside Baptist Church relative to reimbursement of said
amount. The City Manager is further authorized to enter into a
Construction Management Agreeement with the Petitioners concerning
the management of construction of the improvements in the dis-
trict.
6 . The estimated total cost of the street , landscaping and
storm drainage improvements in the district , including without
limitation, the cost of engineering, constructing, or otherwise
acquiring the improvements ; and excluding legal and advertising
costs , planning, interest during construction, and until assess-
ments are made by ordinance against the properties benefited and
other costs to the district , as shown by the estimate of probable
total costs , as made by the Director of Public Works is $959 ,432 ;
incidental costs are $223 , 920 ; and total costs are $1 , 183 , 352. The
estimated amount of proportion of the total cost to be paid by
other than special assessements is : $582 , 100 for oversizing and
bridge extension and $19 ,400 for improvements adjacent to the
-3-
Southside Baptist Church. The balance of the estimated total cost
in The District upon completion of the improvements shall be
apportioned in an assessment role against each lot, tract or
parcel of land to be assessed, which assessment role shall include
additional assessements to cover the costs of legal and adverti-
sing, interest during construction and until assessments are made
by ordinance against the properties benefited, and other inciden-
tal costs to the district. Assessments shall be levied by an
assessing ordinance. Such assessments shall be a lien until paid
in the several amounts assessed against each lot , tract or parcel
of land. The cost of acquiring, constructing, or otherwise
installing the improvements in the district shall be assessed
against those lots , tracts , or parcels of land owned by the owners
as set forth in the [Master Agreement for the district on file with
the City Clerk. Each assessment , in proportion to the benefits
against a property specially benefited, shall be sufficient to
cover the portion of the total cost of the improvements to be
defrayed by special assessments.
7. After any such tract or parcel is divided into smaller
parcels or other property interests , the assessment against such
tract or parcel shall be reallocated, so that the assessment
against each such smaller parcel or other property interest shall
bear the same ratio to the original assessment against such tract
or parcel as the proportionate interest in such smaller parcel or
other property interest bears to the interest in sellable land in
such original tract or parcel as so divided into smaller parcels
or other property interests. The entire unpaid principal of such
assessment or reallocated assessment , as the case may be , together
with interest accruing thereon 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
such tract or parcel or portion thereof if such tract or parsel
shall have been divided as aforesaid, unless the purchaser or
transferee thereof shall acknowledge , in writing, receipt of
notice that the seller or transferor is not paying such assessment
or reallocated assessment in full prior to such sale or transfer
and that such assessment or reallocated assessment against such
tract or parcel , or portion thereof as the case may be , shall
continue to be a lien thereon.
8 . When the improvements herein authorized have been com-
pleted and the same approved and accepted by the City, the costs
as set forth above shall be assessed upon the real property in
said district as hereinbefore set forth and as set forth in
Resolution 84-95 , as amended.
-4-
9. This ordinance shall be irrepealable until the indebted-
ness herein provided for , whenever the same shall be created,
shall have been duly paid, satisfied and discharged as herein
provided.
Introduced, consider favorably on first reading, and ordered
published this 5th day of June, 1984 and to be presented for final
passage on the2lst day of August , 1984.
Mayor
C/
ATTEST:
City Clerk
Passed and adopted on final reading b the council of the
P g Y
City of Fort Collins this 215t day of August 1984.
Mayor
ATTEST:
City Clerk
-5-