HomeMy WebLinkAbout046 - 07/05/1977 - RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER IMPROVEMENT DISTRICT NO.59 ORDINANCE NO. 46, 1977
j BEING AN ORDINANCE RELATING TO THE CREATION AND
ORGANIZATION OF SANITARY SEWER IMPROVEMENT DISTRICT
j NO. 59, AND 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 (hereinafter sometimes referred to as
"the improvements") for the benefit of the property described
on Exhibit "A" , and
WHEREAS, the City Council received the necessary
reports, gave the required notice and held a hearing on the
creation of such district on May 3, 1977, and continued such
hearing to this date, and
WHEREAS, the City Engineer and Director of Engineering
Services have recommended changes in the proposed district
as the result of objections presented at the hearing, the
recommended changes being to increase the City cost in
recognition that a City golf course is located on the North
side of Mulberry Street adjoining portions of the sewer line
to be installed and to charge the City on the same basis as
other adjoining landowners and also to charge as a City cost
the share of a property at the corner of Crestmore Place and
Mulberry Street which is not to be assessed because it is
connected to a different sanitary sewer line, and
WHEREAS, the City Council is of the opinion that the
recommendations of the City Engineer and Director of Engineering
Services should be accepted and after the changes made to
accomplish these recommendations, 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 Sanitary Sewer Improvement District No. 59 (herein-
after sometimes referred to as "the district") comprised of
the property described on Exhibit "A" attached hereto.
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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%) the City
Engineer's estimate heretofore accepted of $23,900.00,
exclusive of the expense of collection, legal, advertising,
engineering, financing, interest during construction and
other incidentals. The City shall pay all of the cost of
construction of said line except that one-half of the cost
of construction of that portion of the line installed within
the right of way of West Mulberry Street from its intersection
with Taft Hill Road east to a point 867. 81 feet east of the
northwest corner of Section 15, Township 7 North, Range 69
West of the 6th P M , together with such expense of collection,
legal, advertising, engineering, financing, interest during
construction and other incidentals (17% of such assessable
costs) shall be assessed against the property in the district
described on Exhibit A, in the manner set forth on Exhibit
A, 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 compiled 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 accord-
ance 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 publica-
tion, and bids received under said advertisement shall be
submitted to the Council for approval or rejection. Adver-
tisements for bids shall comply with the requirements and be
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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 completed and the same approved and acepted 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.
Section 7. This ordinance shall be irrepealable until
the indebtedness herein 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 published this 21stday of June, 1977, and to be
presented for final passage on the 5th day of July, 1977.
4 -
Mavor
ATTEST.
City Clerk
Passed and adopted on final reading this 5th day of
July, A.D. 1977.
Mayor
ATTEST:
Ci y lerk
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EXHIBIT A
ORDINANCE NO. 46, 1977
SANITARY SEWER IMPROVEMENT DISTRICT NO. 59
A Description of property specially benefited by the
improvements to be installed in the district and to be
assessed for a portion of the costs incurred in making said
improvements as described and defined in Section 3 of the
ordinance.
Considering the North line of Section 15, Township 7
J North, Range 69 West of the 6th P M. , Larimer County,
Colorado, as bearing due East and with all bearings
contained herein, relative thereto, commencing at the
' NW corner of said Section 15, thence East 30 feet,
thence South 30 feet to the true point of beginning,
thence East 837. 81 feet, thence South 190 feet, thence
f Wast 837. 81 feet, thence South 190 feet, thence West
837. 81 feet, thence North 190 feet to the point of
beginning.
B. Improvements to be installed in the district consist
of:
Installation of sanitary sewer main.
C. The cost of making the improvements in the district
shall be assessed against the assessable property in the
district as follows:
The amount to be assessed as described and defined in
Section 3 of the ordinance shall be assessed upon all
of the real estate in the district, respectively, in
proportion as the area of each piece of real estate in
the district is to the area of all of the real estate
in the district, exclusive of streets and alleys in
the district. if