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HomeMy WebLinkAbout117 - 12/19/1978 - RELATING TO THE CREATION AND ORGANIZATION OF STREET LIGHTING IMPROVEMENT DISTRICT NO. 5 ORDINANCE NO 117 , 1978 BEING AN ORDINANCE RELATINGTO THE CREATION AND ORGANIZATION OF STREET LIGHTING IMPROVEMENT DISTRICT NO 5, PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN WHEREAS, heretofore the necessary proceedings were instituted to create a special improvement district for the purpose of installing the improvements described on Exhibit "A" attached hereto (hereinafte- referred to as "the improvements") for the benefit of the property described on Exhibit "A," and WHEREAS, the City Council has received the necessary reports, given the required notice and held a hearing as required by the Ordinances of tie City, and WHEREAS, the City Council is of the opinion that it is in the best interests of the City of Fort Collins to form said special improvement district NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 That there is hereby created and organized an improvement district under and by virtue of the provisions of Chapter 16 of the Code of the City of Fort Collins, to be known as Street Lighting Improvement District No 5 (hereinafter referred to as "the District") comprised of the property described on Exhibit "A" attached hereto Section 2 That the improvements to be constructed shall consist of the improvements described on Exhibit "A" attached hereto, all as more fully set forth in the map, plans and specifications heretofore submitted by the City Engineer and accepted by the City Council by resolution Section 3 That the total cost of such improvements shall not exceed by more than five per cent (5%) of the City Engineer's estimate heretofore accepted of $10,517, exclusive of the expense of collection, legal, adver- tising, engineering, financing, interest during construction and other incidentals, and that said total cost together with such expense of collec- tion, legal, advertising, engineering, financing, interest during co^struc- tion and other incidentals (13% of the cost of such improvements) less the amount of such costs to be paid by the City (all costs in excess of the sun of $4,793 15 estimated to be $5,723 85) shall be assessed against the property in said District in the manner set forth on Exhibit "A" attached hereto in accordance with the provisions of Chapter 16 of the Code of the City of Fort Collins Section 4 That the City Council has, pursuant to notice duly mailed and published, all as provided in Chapter 16 of the Code of the City of Fort Collins, considered all complaints and objections made and filed in writing by the owners of any real estate to be assessed or any persons interested, and the City Council further finds that all requirements of the ordinances of the City of Fort Collins 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 map, plans and specifications heretofore adopted by the City Council be and they hereby are ordered to be constructed Section 5 Upon the taking effect of this Ordinance, the Mayor is hereby authorized and empowered to advertise for bids for the construction of the improvements in accordance with the map, plans and specifications heretofore adopted, which advertisement shall be twice published in an official newspaper published in the City Said publications are to be at least a week apart, and the date for opening of bids shall not be less than ten (10) days after first publication, and bids received under said adver- tisement shall be submitted to the Council for approval or rejection Advertisements for bids shall comply with the requirements and be in accordance with the provisions of Chapter 16 of the Code of the City of Fort Collins Section 6 When the improvements herein authorized have been com- pleted and the same approved and accepted by the City of Fort Collins, the costs as set forth above shall be assessed upon the real property in said improvement district, all as hereinbefore set forth Introduced, considered favorably on first reading, and ordered pub- lished this 5th day of December, A D 1978, and to be presented for final passage on the 19th day of December, A 0 1978 ATTEST M7� AS TANT yCity Clerk Passed and adopted on final reading this 19th day of December, A D 1978 M o ATTEST City Clerk -2- EXHIBIT A ORDINANCE NO 117, 1978 STREET LIGHTING IMPROVEMENT DISTRICT NO 5 A Description of property specially benefited by the improvements to be installed in the District and to be assessed for the costs incurred in making said improvements All lots and lands abutting upon the streets to be improved with street lighting, to-wit Prospect Street from Circle Drive east to Lemay Avenue B Improvements to be installed in the District consist of The installation of street lighting on the streets within the District C The cost of making the improvements in the District shall be assessed against the assessable property in the District as follows Upon all of the lots and lands abutting on the streets improved in the District in proportion as the frontage of each lot or tract of land is to the frontage of all lots and lands so improved The maximum assessment, including the 13% to be added on account of cost of collection, legal and advetising, engineering, finan- cing, interest during construction and other inciden- tals shall be 1 028 per abutting front foot , provided that such assessment may be increased by an additional amount up to 57 to the extent that the total cost of the improvements exceed the City Engineer's estimates