HomeMy WebLinkAbout077 - 10/26/1976 - RELATING TO THE CREATION OF GENERAL IMPROVEMENT DISTRICT NO 1 (EMERGENCY ORDINANCE) ORDINANCE NO 77, 1976
BEING AN ORDINANCE RELATING TO THE CREATION OF
GENERAL IMPROVEMENT DISTRICT NO 1 IN THE CITY
OF FORT COLLINS COLORADO ADJUDICATING JURISDICTION,
ORGANIZING AND ESTABLISHING THE DISTRICT, DETERMINING
THE BOUNDARIES THEREOF AND DECLARING AN EMERGENCY
WHEREAS, pursuant to ordinance No 45 1976, passed and
adopted on July 20, 1976 the City Council has established a
procedure for the creation of local public improvement
districts (general improvement districts) which provides
that the creation of such districts, the construction of
improvements therein and the issuance of bonds may be accom-
plished either in accordance with Title 31, Article 25 Part
6, Colorado Revised Statutes 1973 as amended or pursuant
to the procedural ordinance and
WHEREAS the procedural ordinance provides that such
districts may be initiated by resolution of the City Council
without the requirement of a petition and
WHEREAS the City Council on September 21, 1976 has
passed a resolution declaring its intention to create a
general improvement district within the City for the purpose
of acquiring property and constructing parking facilities
thereon, and constructing and installing other street beautifi-
cation improvements, all as more particularly set forth in
Section 1 of said resolution and
WHEREAS notice of the hearing on the creation of the
District was given in the time and manner required by law
and
i
WHEREAS on October 19, 1976, the City Council heard
and considered all protests and ob]ectxons concerning the
creation of the District and the construction and installation
of Improvements therein and
WHEREAS, the City Council has determined that the
protests should be overruled and denied, and the district
should be established
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF FORT COLLINS
Section 1 Jurisdiction The City Council hereby
finds and determines that-all 3ur3.sdictional requirements
pertaining to the organization of a general improvement
district have been satisfied in these proceedings
Section 2 Protests and Objections All remonstrances
opposing the creatio othe district ave been considered
and the City Coundil hereby finds and determines that the
objections and protests filed in these proceedings meeting
the requirements of law have been signed and filed by property
owners who own less than forty percent (40%) of the total
assessed valuation of property within the proposed district
Section 3 Creation of D2 -LI1C.t There is hereby
created and organized a (j- moral improvement district under
and by virtue of the provisions of Title 31 Article 25,
Part 6 Colorado Revised Statutes, 1973, as amended, the
Charter of the City and Ordinance No 45, 1976, to be known
as City of Fort Collins General Improvement District No 1
(hereinafter sometimes referred to as the District")
The City Council of the City of Fort Collins shall
constitute ex-officio the board of directors of the District
The Mayor of the City shall be ex-officio the President of
the Board of Directors of the District, the City Clerk shall
be ex-cfficio the Secretary and the City Treasurer shall be
ex-officio the Treasurer of the District
Section 4 Boundaries of the District The boundaries
of the District shall be those boundaries et forth in
Exhibit A attached hereto and shall include property described
in such Exhibit A
Section 5 Purposes The District is formed for the
purpose of acquiringerty and constructing thereon
parking facilities to serve the area encompassed within the
boundaries of the District and other incidental improvements
and for the purpose of constructing and installing street
and mall beautification improvements to include canopies,
lighting and other incidental improvements the improvements
{ which are acquired constructed or installed as part of the
General Improvement District sl _L1 not duplicate or interfere
with the improvements which are planned and will be included
within the special improvement district, created concurrently
with this District, but rather it is intended that the
improvements authorized by this ordinance and the ordinance
creating the special improvement district are part of the
overall downtown improvement project
a The present estimated cost of the proposed improvements
' in General Improvement District No 1 is $1,100, 000 00
a
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Section 6 Powers of the District The District shall
be a public or quasi-municipal subdivision of the State of
Colorado, and shall have all powers granted by Part 6 of
Article 25 of Title 31, Colorado Revised Statutes 1973 as
amended
Section 7 Filing with County Clerk and County Assessor
Within thirty (30) days after the date of the final passage
and adoption of this ordinance, the City Clerk shall transmit
to the County Clerk and Recorder of Larimer County Col -ado,
and to the County Assessor of said County, a copy of this
ordinance for filing in each office pursuant to Section
31-25-608 and Section 39-1-110 (1) Colorado Revised Statutes,
1973 as amended
Section 8 Severability That if any one or more
sections or provisions of this ordinance shall be adjudged
unenforceable or invalid, such judgment shall not affect
impair or invalidate the remaining provisions of this ordinance
it being the intention that the various provisions hereof
are severable
Section 9 Repealer All ordinances or resolutions
or parts thereof,in conflict with this ordinance are hereby
repealed
Section 10 Declaration of Emergency Inasmuch as it
is necessary to create the general improvement district as
soon as possible in order that the District can levy taxes
and undertake the procedure preliminary to the construction
of the project and the issuance of bonds the City Council
hereby finds and determines that the passage and adoption of
this ordinance is for the immediate preservation of the
public health safety and welfare and that the ordinance
should be passed as an emergency ordinance, and becomes
effective upon its passage
Introduced and finally passed and adopted this 26th day
of October A D 1976
ATTEST Mayor
Ci Clerk-
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Descrip Dn of Property within th 3istr3.ct
Perimeter Description
B�c,inning at the intersection of Maple and Meldrum, go
easterly on Maple to the intersection of Maple and
College turn south-easterly onto Jefferson Street and
p*-�ceed to the intersection of Whedbee and Jefferson
turn southerly onto Whedbee and continue to the inter-
sLction of Oak and hhedbee turn westerly on Oak street
to the intersection of Oak and the north-south alley in
Blocl. 152 bounded by OaL. Whedbee, Olive and Peterson
turn southerly down said alley to the intersection of
the alley and Olive turn west on Olive and continue to
the intersection of Olive and Peterson turn south on
Peterson to the intersection of Peterson and the east-
west alley of Block 144 bounded by Magnolia, Peterson,
Pulberry and Mathews turn west into sa-d alley and
continue to the intersection with Mathews turn south
on Mathews and continue to the intersection of Mathews
and Mulberry turn west on Mulberry and continue to the
intersection of Mulberry and t.%e -iorth-south alley in
Block 94 bounded by 2agnolia Howes, Mulberry, and
Meldrum turn north into said allev and continue to the
intersection with Magnolia turn west on Magnolia and
continue to the intersection of Magnolia and Sherwood
turn north on Sherwood and continue to the intersection
of Sherwood and Olive turn east on Olive and continue
to the intersection of Olive and the north-south alley
of Block 82 bounded by Oak, Meldrum, Olive ind Sherwood,
turn north on said alley and continue across Oak to the
southeast corner of the property owned by Fay and St
Croix (the East 35 feet of Lots 9 and 10, Block 81 in
the City) turn west and continue along southern
property line of said property to the southwest corner,
turn north and continue alorg western property line of
said property and continue in a straight line to ,fountain
Aven..e turn east on Mounta-n to the intersection of
reldrum and Yountain turn north on Meldrum to the
point of beginn.�.ng
Property Description
Blocks 83, 42, 41 91, 92 93, 32, 31, 101, 102, 103,
104, 22, 21, lll, 112, 113, 114, 121, 122, 123, 124,
131, 132, 133, 134, 141, 142, 143, 151, 11, 12, 13, 14,
18 and 19 ALSO the East 1/2 of Block 82, the East 1/2
of Block 81, the East 1/2 of Block 94 , the West 1/2 of
Block 152 and the North 1/2 of Block 144 ALSO the East
35 feet of Lots 9 and 10, Block 81 all in the City of
Fort Collins, Colorado, according to To%m Plat dated
January 16, 1873, and recorded January 18, 1873, in
the office of the Larimer Cointy Clerk and Recorder
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