HomeMy WebLinkAbout103 - 09/21/1982 - PROVIDING FOR THE CREATION AND ORGANIZATION OF THE BOARDWALK SPECIAL IMPROVEMENT DISTRICT #77 ORDINANCE NO 103 1982
OF THE COUNCIL OF THE CITY OF FORT COLLINS
PROVIDING FOR THE CREATION AND ORGANIZATION
OF THE BOARDWALK SPECIAL IMPROVEMENT DISTRICT #77,
AND PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS
THEREIN
WHEREAS, the Council of the City of Fort Collins has received and
accepted a petition from affected property owners in the proposed Boardwalk
Special Improvement District #77 requesting that proceedings be initiated
to create said special improvement district for the purpose of installing
the improvements described on the Engineering Report for the Boardwalk
Special Improvement District on file with the City Clerk for the benefit
of the property described on said Engineering Report, and
WHEREAS, the Council has received the necessary reports, waived any
notice pursuant to Section 16-38 of the Code of the City of Fort Collins
and received a written waiver signed by all owners of the property in said
improvement district and held a hearing as required by the Code, and
WHEREAS, the affected property owners of said district have expressly
waived, in writing, any limitation on assessments for the costs of in-
stalling said improvements pursuant to Section 16-20 of the Code of the
City of Fort Collins, and
WHEREAS, the affected property owners have entered into an agreement
with the City of Fort Collins concerning, without limitations, the assess-
ment of costs, street oversizing fees and amounts to be assessed against
participating property owners for improvements to property of non-partici-
pating property owners, and
WHEREAS, the Council is of the opinion that it is in the best interest
of the public health, safety and welfare of the residents 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 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 the Boardwalk Special Improvement
District -077 (district) comprised of the property described in the Engi-
neering Report for the Boardwalk Special Improvement District on file with
the City Clerk
Section 2 That the improvements to be constructed shall consist of
the improvements described on the Engineering Report for the Boardwalk
Special Improvement District 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
Section 3 That the total cost of such improvements shall not exceed
more than 5% of the City Engineer' s estimate, heretofore accepted of
$579,659 for all improvements to be installed, exclusive of the expense of
collection, legal , advertising, engineering, financing, interest during
construction and other incidental expenses, and that said total cost
together with such expense of collection, legal , advertising, engineering,
financing and other incidentals (not to exceed 25% of the cost of such
improvements) and interest during construction shall be assessed against
the property in said district in the manner set forth on the Engineering
Report for the Boardwalk Special Improvement District on file with the City
Clerk in accordance with the provisions of Chapter 16 of the Code of the
City of Fort Collins
Section 4 That pursuant to Chapter 16 of the Code of the City of
Fort Collins, the Council has considered all complaints or objections made
and filed in writing by the owners of any real estate to be assessed or any
interested persons, and that the Council further finds that all require-
ments of the Code 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 maps, plans and specifications heretofore adopted by the Council be
and they hereby are ordered to be constructed
Section 5 That upon the effective date of this ordinance, the City
Manager 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 advertisements shall be twice
published in a official newspaper published in the City Said publications
are to be at least a week apart, and the date for opening of the bids shall
not be less than 10 days after first publication, and bids received under
said advertisement 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 That the City Manager is authorized to enter into an
agreement with the property owners of the District providing for Formation
of Special Improvement District, Waiver of Requirements for Special Im-
provement District, Formation of Said District, Estimate of Cost, Over-
sizing Costs, Reimbursement for Certain Development Costs, Reimbursement
for Engineering Costs, Reimbursement for Right-of-Way for Road, Payment of
Assesments, Default, Termination and terms necessary The City Manager
shall also be empowered and authorized to enter into necessary agreements
after due negotiation with TRI-CONSULTANTS, INC to perform engineering
final design and construction related services, the cost of which shall be
assessed against the district and City as set forth in the agreement
between the property owners of the District and the City
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Section 7 That when the improvements herein authorized have been
completed and the same approved and accepted by the City of Fort Collins,
the costs as set forth shall be assessed upon real property in said im-
provement district, as set forth in this ordinance
Section 8 That this ordinance shall be irrepealable until the
indebtedness hereby 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 pub-
lished this 7th day of September, A D , 1982, and to be presented for final
passage on the 21st day of September, A D , 1982
e Qa_��
Mayor
ATTEST
City Clerk
1982 Passed and adopted on final reading this 21st day of September, A D ,
Mayor
ATTEST
. �p
City Clerk
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