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HomeMy WebLinkAbout1986-022-02/04/1986-APPROVING REPORT ESTIMATES COSTS ASSESSMENTS HARMONY TRUNK SEWER SID 60 PUBLIC WORKS DIRECTOR SID NO RESOLUTION 86- 22 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS ON THE ESTIMATES, COSTS, AND ASSESS- MENTS FOR THE HARMONY TRUNK SEWER SPECIAL IMPROVEMENT DISTRICT NO. 60 , APPROVING THE DETAILS AND SPECIFICATIONS FOR SUCH PROPOSED DISTRICT, DETERMINING THE AMOUNT OR PROPORTION OF THE TOTAL COST TO BE PAID BY A METHOD OTHER THAN ASSESSMENT AGAINST PROPERTY IN THE DISTRICT, THE NUMBER OF INSTALLMENTS, AND THE TIME WITHIN WHICH THE COST OF THE IMPROVEMENTS ASSESSED AGAINST THE PROPERTY IN THE DISTRICT WILL BE PAYABLE, THE RATE OF INTEREST TO BE CHARGED ON UNPAID INSTALLMENTS, THE PROPERTY TO BE ASSESSED FOR THE IMPROVEMENTS, THE METHOD OF MAKING SUCH ASSESSMENTS, AND THE DATE WHEN THE COUNCIL WILL HOLD A HEARING AND CONSIDER THE ORDERING BY ORDINANCE OF THE PROPOSED IMPROVEMENTS. WHEREAS, heretofore the City Council (the "Council" ) of the City of Fort Collins, Colorado ( the "City" ) , began proceedings to establish the Harmony Trunk Sewer Special Improvement District No . 60 (the "District" ) by the acceptance of the Petitions of affected property owners in the area, ( the "Petitioners" ) and by acceptance of the Resolution of the Council adopted on the 4th day of February, 1986, directing the Director of Public Works to prepare and present to the Council a map of the District, plans and speci- fications of the proposed District improvements , and estimate of probable total costs thereof; and WHEREAS, the Director of Public Works, pursuant to said Resolution, has made his report and has presented the details and specifications for the proposed District to the Council on the 4th day of February, 1986 ; and WHEREAS, the Council has examined such plans, estimate of costs, maps and other documents , and has found and does hereby find the same to be sufficient; and WHEREAS, the Petitioners have waived all notice requirements and certain other procedural requirements to which they would otherwise be entitled, pursuant to Chapter 16 of the Code of the City (the "Code" ) . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1 . That the report , plans and specifications, map and e�sti mate of the probable total cost as prepared by the Director of Public Works and heretofore filed with the City Clerk and presented to the Council on this 4th day of February, 1986, for the District , be and the same hereby are, accepted , approved , and adopted. Section 2. That the improvements to be constructed in said District sha 1 consist generally of a sanitary sewer trunk line ranging from ten ( 10 ) to thirty ( 30 ) inches in diameter, together with manholes , highway and railroad cased bores, and other appur- tenances, (the " Improvements" ) , said Improvements being more specifically described in the District Engineering Report on file with the City Clerk. Section 3. That the property to be assessed in the District, is set forth on Exhibit "A" attached hereto and incorporated here- in by reference (the "Property" ) . Section 4. That the method of assessment for the cost of the Improvements shall be as set forth in the Petitions for the District on file with the City Clerk and incorporated herein by reference. Section 5. That the estimated total cost of the Improvements in the DDism ct, including without limitation the cost of acquir- ing, planning, engineering, and constructing the Improvements (but excluding legal and advertising costs, interest during construc- tion and until assessments are made by ordinance against the prop- erties benefited, financing and other costs to the District) , as shown by the estimate of probable total cost, as made by the Director of Public Works, is $ 945, 200. Section 6. That the estimated amount or proportion of the total probable cost of the Improvements to be paid by the City at large and not by assessments against property in the District, is $ 320, 500. The foregoing constitutes the maximum obligation of the City, notwithstanding that costs might exceed estimates here- tofore submitted, unless appropriation is made therefor . The balance of the total actual cost in the District (estimated to be $ 624, 700) , upon the completion of the Improvements , shall be apportioned in an assessment roll against each lot , tract, or parcel of land to be assessed which assessment roll shall include additional assessments to cover the costs of legal and advertis- ing, interest during construction and until assessments are made by ordinance against the properties benefited, financing and other incidental costs to the District. Assessments shall be levied by -2- an assessing ordinance. Such assessments shall be a lien until paid in the several amounts assessed against each lot , tract or parcel of land. The cost of acquiring, constructing, or otherwise installing the Improvements in the District, together with all costs incurred in formation and financing of the District, shall be assessed against those lots , tracts or parcels of land owned by the Petitioners and in the manner set forth in the Petitions for the District on file with the City Clerk. The total of all aggre- gated assessments shall be sufficient to cover the portion of the total cost of the Improvements to be defrayed by special assess- ments. Section 7. After any such lot, tract or parcel is divided into smaller parcels or other property interests, the assessment against such lot, tract or parcel shall be reallocated, so that the assessment against each such smaller parcel or other property interest shall bear the same ratio to the original assessment against such lot, tract or parcel as the proportionate interest in such smaller parcel or other property interest bears to the inter- est in sellable land in such original lot, tract or parcel as so divided into smaller parcels or other property interests . The entire unpaid principal of such assessment or reallocated assess- ment , as the case may be, 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 have been capitalized through such date shall be immedi- ately due and payable by the seller or transferor thereof prior to the sale or transfer of any such lot , tract or parcel , or portion thereof, if such lot, tract or parcel shall have been divided as aforesaid, unless the purchaser or transferee thereof shall ack- nowledge, in writing, receipt of notice that the seller or trans- feror is not paying such assessment or reallocated assessment in full prior to such sale or transfer and that such assessment or reallocated assessment against such lot, tract or parcel , or portion thereof , as the case may be, shall continue to be a lien thereon. Section 8. Said assessments shall be payable in not more than i t� een ( 15) equal annual installments with the interest on the unpaid installments to be the same as the interest rate pay- able on the bonds which interest rate shall not exceed eighteen percent ( 18%) per annum. Section 9. That on the 18th day of February, 1986, at the hour of—g'. 30 p.m. or as soon thereafter as the matter may be heard -3- in the Council Chambers of the City Hall, City of Fort Collins , Colorado, the Council will consider the ordering by ordinance of the proposed improvements and hear all complaints and objections that may be made and filed in writing concerning the proposed Improvements by the owners of any real estate to be assessed and any other interested persons. Section 10. That the Petitioners in said District have waived 911 notice requirements pursuant to Chapter 16 of the Code. PASSED AND ADOPTED at a regular meeting of the Council of the City of Fort Collins this 4th day of February 1986. M yor ATTEST: City Y -4- EXHIBIT "A" Description of Total Special Improvement District A part of Sections 5 and 6, Township 6 North, Range 68 West, of the Sixth P.M. , County of Larimer, State of Colorado, which, considering the West line of the Southwest 1/4 of said Section 5 as bearing N 0002413011W, and with all bearings contained herein relative thereto, begins at a point which bears S 0002310711E 170. 00 feet from the Northwest corner of said Section 5, and runs thence along the South line of Colorado State Highway No. 68 , S 8903710611 E 30. 00 feet, and again N 4500010911E 70 . 20 feet, and again S 8903710611E 2570 . 00 feet; thence S 0100112011E 3757 . 43 feet; thence S 8903913511W 2691. 31 feet; thence N 0002413011W 277 . 86 feet; thence N 800 2111011W 1956 . 72 feet to the easterly line of the Union Pacific Railroad right-of-way; thence along said railroad right-of-way; N 1403013811E 731. 03 feet; thence S 8905213311E 1738 . 53 feet; thence N 0002310711W 2430. 79 feet to the point of beginning. AND ALSO a part of said Section 6 which begins at a point on the South right-of-way line of Colorado State Highway No. 68 which bears S 8903712311E 1332 . 00 feet, and again S 0002213711 W 26 . 00 feet from the Northwest corner of said Section 6, and runs thence along said southerly Highway right-of-way, S 8903712311E 897 . 25 feet to the boundary of a cemetery; thence along said cemetery boundary, S 0002112711E 303 . 99 feet, and again S 8903712311E 313 . 50 feet, and again N 0002112711W 301.99 feet to said southerly highway right-of-way; thence along said southerly highway right-of-way, S 8904015311E 655. 70 feet, and again S 8804110811E 115 . 00 feet, and again along the arc of a curve to the right a distance of 493 . 40 feet, the long chord of which bears S 8701015311E 493 . 30 feet, and again along the arc of a curve to the right a distance of 29 . 70 feet, the long chord of which bears S 840 3115311E 29 . 70 feet, and again S 81009123"E 93 . 76 feet to the westerly line of the Union Pacific Railroad right-of-way; thence along said westerly railroad line along the arc of a 3744 . 83 foot radius curve to the right a distance of 326 . 77 feet, the long chord of which bears S 1200013411W 326 . 66 feet, and again S 1403013811W 947 . 10 feet, and again N 890481 2211W 25. 81 feet, and again S 14030138"W 2705. 81 feet; thence S 8904115011W 352 . 17 feet; thence N 0002112711W 335. 50 feet; thence S 8903411911W 1572 . 17 feet; thence North 462 . 33 feet; thence N 300421W 183 . 00 feet; thence along the arc of a 1241. 40 foot radius curve to the right a distance of 1377. 99 feet, the long chord of which bears N 010061E 1308 . 33 feet; thence N 320541E 480. 07 feet; thence S 420451E 499 . 87 feet; thence N 470151E 151. 00 feet; thence N 020151E 89. 10 feet; thence N 470151E 112 . 00 feet; thence N 420451W 476 . 57 feet; thence N 7200412511W 72 . 82 feet; thence along the arc of an 825. 00 foot radius curve to the left a distance of 45 . 32 feet, the long chord of which bears N 1602110811E 45. 32 feet; thence along the arc of a 1440. 88 foot radius curve to the left a distance of 633 . 80 feet, the long chord of which bears N 02004140t1E 633 . 58 feet; thence N 1003712311W 150. 00 feet; thence along the arc of a 308 . 49 foot radius curve to the right a distance of 59 . 22 feet, the long chord of which bears N 0500712311W 59 . 13 feet; thence N 0002213711E 105. 00 feet to the point of beginning. The total area of the Special Improvement District, as described, is 464 . 5572 acres, more or less.