HomeMy WebLinkAbout130 - 10/18/1983 - CREATING FAIRBROOKE SPECIAL IMPROVEMENT DISTRICT NO. 79 ORDINANCE NO. 130 , 1983
AN ORDINANCE CREATING CITY OF FORT COLLINS,
COLORADO , FAIRBROOKE SPECIAL IMPROVEMENT
DISTRICT NO. 79 , FOR THE ACQUISITION, CONSTRUC-
TION AND INSTALLATION OF STREET, WATER, SANITARY
SEWER AND DRAINAGE IMPROVEMENTS IN THE CITY;
DESCRIBING THE IMPROVEMENTS; SETTING FORTH THE
COST OF THE IMPROVEMENTS; ORDERING THAT SAID
IMPROVEMENTS BE MADE; SETTING FORTH THE LEGAL
DESCRIPTIONS OF THE TRACTS AND PARCELS OF LAND
TO BE INCLUDED WITHIN THE DISTRICT; PROVIDING
OTHER DETAILS CONCERNING THE DISTRICT; AND RATI-
FYING PREVIOUS ACTIONS.
WHEREAS, the City of -Fort Collins (the "City") , in the
County of Larimer and State of Colorado, is a municipal corporation,
duly organized and existing as a home rule city under Article XX of
the Constitution of the State of Colorado; and
WHEREAS, the City Council (the "Council") of the City began
proceedings to acquire, construct and install certain street, water,
sanitary sewer and drainage improvements in the proposed City of
Fort Collins, Colorado, Fairbrooke Special Improvement District
No. 79 (the "District") , in the City, by the acceptance of a 'petition
of the sole property owner in the District and the adoption of
Resolution No. 83-158 and Resolution No.83-159 relating thereto on this
4th day of October, 1983 ; and
WHEREAS, the Council has received the necessary reports,
has waived any notice pursuant to Section 16-38 of the Code of the
City of Fort Collins (the "Code") , and has received a written waiver
signed by Wheeler Realty Company (the "Company") , the sole owner of
the property in said improvement District, waiving certain require-
ments of Chapter 16 of the Code , as authorized pursuant to
Section 16-38 of the Code; and
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WHEREAS, the Company has expressly waived, in writing, any
limitation on assessments for the cost of acquiring, constructing and
installing said improvements pursuant to Section 16-20 of the Code;
and
WHEREAS, the Company shall enter into an agreement with the
City concerning, without limitation, payment of oversizing costs,
reimbursement for professional services rendered prior to formation
of the District, purchase of existing improvements , financing and
management of the District, default, termination and other necessary
and incidental terms thereof ; and
WHEREAS, the Council is of the opinion that it is in the
best interest of the public health, safety and welfare of the resi-
dents of the City to form said special improvement District.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS :
SECTION 1 . There is hereby created and established,
within the corporate limits of the City, a local improvement district
to be known and designated as "City of Fort Collins, Colorado,
Fairbrooke Special Improvement District No. 79," for the acquiring,
constructing and installing of certain local and special improve-
ments , as described in Section 3 of this ordinance ( the
"improvements") , and to assess the costs of the improvements to the
property benefited thereby, as provided in Sections 4 and 5 of this
ordinance.
Section 2 . All action (not inconsistent with the provi-
sions of this ordinance) heretofore taken by the City or its officers
directed toward the creation of the District and the acquisition,
construction and installation of the improvements hereby is ratified,
approved and confirmed.
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Section 3 . Except as described in the Engineering Report
for the Fairbrooke Special Improvement District No. 79 on file with
the City Clerk and as more fully set forth in the map, plans and
specifications heretofore submitted by the Director of Public Works
and accepted by the Council by Resolution No.83-159, the location and
the nature of the street, water, sanitary sewer and drainage improve-
ments to be acquired, constructed and installed shall be more partic-
ularly as follows :
STREET DESCRIPTIONS ND NATURE OF IMPROVEMENTS
(1) HAMPSHIRE ROAD from the intersection of Hampshire
Road and Prospect Road, south to the northern end of the
existing Hampshire Road, a distance of approximately 1 ,100
feet ( total roadway 50 feet in width, flowline to
flowline) .
(2) CEDARWOOD DRIVE from the intersection of Cedarwood
Drive and Hampshire Road, west and northwest to the inter-
section of Cedarwood Drive and Prospect Road, a distance of
approximately 2 ,360 feet (total roadway 36 feet in width,
flowline to flowline) .
(3) SOMERVILLE DRIVE from the intersection of Somerville
Drive, and Cedarwood Drive, southwest and south to the
northern boundary line of the Aspen Heights PUD, approxi-
mately 1 ,075 feet (total roadway 36 feet in width, flowline
to flowline) .
( 4) PROSPECT ROAD from the intersection of Prospect Road
and Cedarwood Drive, west, a distance of approximately 890
feet.
The contemplated acquisition, construction and installation
of the improvements in the District shall include (1) the removal of
any obstacles, excavation, draining, grading and shaping, and embank-
ment; (2) paving consisting of an eight inch compacted base course
and a three inch hot asphaltic concrete pavement, a total of approxi-
mately 6 ,111 square yards on Hampshire Road and a combined total of
approximately 12 ,213 square yards on Cedarwood Drive and Somerville
Drive; (3) the installation of sidewalks, concrete, rollover curbs
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and gutters on both sides of Hampshire Road, Cedarwood Drive and
Somerville Drive; (4) the installation of a 12 inch water line in
Prospect Road and six inch water lines, plus appurtenances, in
Hampshire Road, Cedarwood Drive and Somerville Drive; (5) the instal-
lation of eight inch sanitary sewer collection lines, plus appurte-
nances, in Hampshire Road, Cedarwood Drive and Somerville Drive;
(6) the placement of culverts and the construction of a detention
pond at the locations shown in the plans and specifications on file
in the office of the City Clerk; and (7) all appurtenances incidental
to the foregoing improvements.
Section 4 . The total estimated cost of construction of
the improvements, exclusive of incidental costs, is $ 1,597,549 ,
for all improvements to be acquired, constructed and installed.
Incidental costs in connection with the District, which are in addi-
tion to the construction cost set forth above, shall include collec-
tion, legal, advertising, engineering, financing, interest on the
bonds to be issued for a period of three years after the date of the
bonds and other incidental expenses. Of the total cost of the
improvements, including such expense of collection, legal, advertis-
ing, engineering, financing and other incidentals and interest on the
bonds to be issued for a period of three years after the date of the
bonds, $ 1,402,500 shall be assessed against the tracts or parcels of
land set forth in Section 5 hereof 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 property within the
District. Of such total cost of the improvements, $ 195,049 shall
be available from other sources. In case of any tracts or parcels
which are irregularly shaped or in any other case in which an assess-
ment (according to the area basis) would be disproportionate to the
special benefits, an equitable adjustment shall be allowed so that
the assessment is in proportion to the special benefits.
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Section 5. The tracts or parcels to be included in the District,
together with the legal descriptions thereof, are as follows:
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LEGAL DESCRIPTION
A tract of land located in the North half of Section 21 , Township 7
North, Range 69 West of the 6th Principal Neri.dian, County of
L<_;rimer„ State of Colorado, more particularly described as follows;
Considering the North line of the Northeast 1/4 of said Section 21
as bearing N G 46' G3" VJ and with all bearings contained herein
relative thereto-
Beginning at the Northeast corner of said Section 21 ; thence along
the North line of said Northeast 1/4 N 8^27 46r 03" I'1, jCjl_%n f i7 feet to
the TRUE POINT OF BE.6INNI!' F-i, thence continuing along said North line
f•.i S9OA6' _-" 6d, 1C79. 95 feet to the East line of that certain parcel
of 1.ar"ti"1 as CI P' CI :: :J eCI :.rl dE3:'eG recorded in Boob:: 1. •Icy..'., t-agE. 5''.9
r-ecor-C!H of said cou.n'Lv;l thence along the East, So(_tth and Ulest line_'<L=.
of said, FI<arr_e . the t.hrm? ,?i following courses car-Id di ste;ncese
S 0
10 .I 5 " W. t180. '_O feeL5 11,1 3 13' ''i�6' 1..1?" Wa 804n00 feet ;
N•.i 0
10 1.- ;,7" -_ ::90. 00 fe..et to thc; North lime of s said Northeast 1. <r;
thence al.crng said North line N 86P 46' G311 Wj :393. 4y feet to the North
1 %4 corner of �e.e:id Section 21 ; thence along the North line of the
North(•.est 1i4 of =_.a:id Section 2.1. , N SE046' 0:"" W5 1291 . 7.3 feet to the
I,1E_?st line of the Ea=_;t half of the I'brt.hwest 1/4 ofsaid Section 21. ;
thence _.l t_nq Said t"E'St line S 0':.?007' 1.0" W7 1t'. v_.. . _ feet to the
Nor therl.', line (-�'f F:c_>pen i'-lei g!"":ts P. L), Dn to the L.1 ty of Fort Col l i nE:,
Color-ado; hencE= along the !`:!r rt!le_•rl . , Easterly and Southerly line=_.
o .aid Aspen Heights;_> P. U. D. th eleven 1 1 07. . c_,..... c7 c_ci._u'-ses and
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Westerly, and t.le.c5'Lel'"1.`,.' prolongatl C'n of said pdarCe.I. the two l2'1 .
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following,:i.ri(_-1 _.c;t_(rr��.:_s :and (Ili stances:I e I', c_ic, 1_,' _ i.l,l _.i'._i. :i.J fE:e'L- ;
POIN i OF_, : SS. fE_�r,;-•t to tF;(:, TRL1F.=. F [=GI?•.It'a.i.!`JGn
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The Council has determined, and hereby declares, that all
such tracts and parcels are and will be specially benefited by the
improvements.
Section 6 . The Council has received the written waiver of
the Company to certain requirements of Chapter 16 of the Code as
authorized pursuant to Section 16-38 of the Code and has not received
any complaints or objections of any owner of any real estate to be
assessed or of any other interested persons; 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 acquired, constructed and installed.
Section 7. The assessments to be levied for the improve-
ments shall be due and payable within thirty (30) days from and after
the final publication of the ordinance assessing the costs of the
improvements against the real property in the District. In the event
any owner of real estate shall fail to pay the whole of such assess-
ment against his property within said thirty (30) days, the balance
of the cost of the improvements so assessed against his property
shall be payable in seven (7) annual installments of principal, with
the first such installment due on December 1 , 1986 , as shall be pro-
vided and determined in and by the assessing ordinance, with the
remainder of the annual installments of principal due and payable
successively on the same date in each year thereafter until all are
paid in full. Interest on the unpaid installments shall accrue from
December 1 , 1985, and shall be at the same rate as the highest inter-
est rate payable on special assessment bonds to be issued by the City
for the District, which interest rate shall not exceed thirteen per-
cent (13%) per annum, payable on December 1, 1986 and annually there-
after, as shall be provided and determined in and by the assessing
ordinance. After any tract or parcel listed on Section 5 hereof is
subdivided into lots, the assessment against such tract or parcel
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shall be reallocated , so that the assessment against each such
subdivided lot shall bear the same ratio to the original assessment
against such tract or parcel as the number of square feet of land in
such subdivided lot bears to the number of square feet of sellable
land in such tract or parcel as so subdivided. Upon the sale of any
such subdivided lot, unless the purchaser or purchasers of such sub-
divided lot shall consent in writing to the assumption of the reallo-
cated assessment against such subdivided lot, the entire unpaid prin-
cipal of such reallocated. assessment against such lot 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.
Section 8. The City Manager is authorized to enter into
an agreement with the Company providing for payments of oversizing
costs, reimbursement for professional services rendered prior to for-
mation of the District, purchase of existing improvements, financing
and management of the District, default, termination .and other neces-
sary and incidental terms thereof. `
Section 9 . The City Manager is further authorized to
enter into an agreement with the Company providing for management of
the entire District construction 'project by the Company including all
bidding for work on the project and awarding of contracts therefor,
provided that a competitive bidding process be used and provided fur-
ther that appropriate bonds be required of all contractors and sub-
contractors performing work on the project.
Section 10 . The street, water, sanitary sewer and drain-
age improvements as described in the Engineering Report for the
Fairbrooke Special Improvement District are hereby ordered to be
made.
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Section 11 . If any section, paragraph, clause or provi-
sion of this ordinance shall be held to be invalid or unenforceable,
the invalidity or unenforceability of such section, paragraph, clause
or provisions shall in no manner affect any other provision of this
ordinance.
Section 12 . All ordinances, resolutions, bylaws and re�u-
lations of the City in conflict with this ordinance are hereby
repealed to the extent only of such inconsistency. This repealer
shall not be construed to revive any ordinance, resolution, bylaw or
resolution, or part thereof, heretofore repealed.
Section 13 . This ordinance, immediately on its final pas-
sage, shall be recorded in the City book of ordinances kept for that
purpose, authenticated by the signatures of the Mayor and Clerk, and
notice of the adoption thereof shall be published in The Coloradoan,
a newspaper of general circulation published in the City.
Section 14 . All actions, legal or equitable, for relief
against any proceeding provided for under Chapter 16 of the Code,
whether based upon irregularities, jurisdictional defects or other
grounds, shall be commenced within 30 days after the wrongful act
complained of or -else be thereafter perpetually barred.
Section 15 . This ordinance shall take effect ten days
after its final passage as provided by Article II, Section 7 of the
Charter.
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INTRODUCED, CONSIDERED FAVORABLY ON FIRST READING on
October 4 , 1983 and to be presented for final passage on October 18,
1983 .
Mayor
(SEAL)
Attest:
City dlea
PASSED AND ADOPTED ON FINAL READING on October 18 , 1983 .
Mayor
(SEAL)
Attest :
2
City Cler
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