HomeMy WebLinkAbout1984-095-06/05/1984-ADOPTING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS IN THE ESTIMATES, COSTS AND ASSESSMENTS FOR THE RESOLUTION 84 - 95
OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE
REPORT OF DIRECTOR OF PUBLIC WORKS ON THE ESTIMATES , COSTS AND
ASSESSMENTS FOR THE HORSETOOTH ROAD SPECIAL IMPROVEMENT DISTRICT
NUMBER 83 , APPROVING THE PLANS , ESTIMATE , MAP AND SPECIFICA-
TIONS OF SUCH PROPOSED DISTRICT, DETERMINING THE AMOUNT OR
PROPORTION OF THE TOTAL COST TO BE PAID BY A METHOD OTHER THAN BY
ASSESSMENT AGAINST PROPERTY IN THE DISTRICT, THE PROPERTY TO BE
ASSESSED FOR THE IMPROVEMENTS , THE METHOD OF MAKING SUCH ASSESS-
MENTS , THE ESTIMATED NUMBER OF ANNUAL INSTALLMENTS , THE RATE OF
INTEREST TO BE CHARGED UPON UNPAID INSTALLMENTS AND THE DATE WHEN
THE COUNCIL WILL HOLD A HEARING AND CONSIDER THE ORDERING BY
ORDINANCE OF THE PROPOSED IMPROVEMENTS .
WHEREAS , the City Council by Resolution 84- gq directed
the Director of Public Works to make a complete survey of the
proposed Horsetooth Road Special Improvement District Number
83 , including the preparation of a map , plans and specifica-
tions and an estimate of the costs of improvements in the proposed
district ; and
WHEREAS , the Director of Public Works has made his report and
has presented the details and specifications for the proposed
district; and
WHEREAS , the Petitioners have waived all notice and all other
procedural requirements pursuant to Chapter 16 of the City Code.
NOW, THEREFORE , be it resolved by the council of the City of
Fort Collins as- follows:
1 . The report, plans, specifications, map and estimate of
the probable total cost as presented by the Director of Public
Works for said district be and the same hereby are accepted and
approved.
2. - The improvements to be constructed shall consist of the
improvements described in the engineering report for the Horse-
tooth Road Special Improvement District No. 83 , prepared and
submitted by Shiloh, Inc. , dated May 9 , 1984 and submitted by the
Director of Public Works and accepted by the council by Resolution
84- 95
3 . The total estimated cost of the improvements is
$988 , 920. 00 including incidental costs, which incidental costs are
estimated at $223 , 920. 00.
4 . The following estimated amount or proportion of the
total costs of such improvements shall be paid by the City at
large and not by assessments against a property in the district to
wit :
A. Oversizing and extension of the New Mercer Box
culvert: $443 , 700. 00.
B. Estimated payment of an amount for improvements
adjacent to the Southside Baptist Church: $19 ,413 .90.
S . The location and nature of the district improvements to
be assessed against a property within the district shall be as set
forth in the Master Agreement on file with the City Clerk.
6 . The estimated total cost of the street and storm
drainage improvements in the district, including without limita-
tion, the cost of engineering, constructing, or otherwise acquir-
ing the improvements ; and excluding legal and advertising costs,
planning, interest during construction, and until assessments are
made by ordinance against the properties benefitted and other
costs to the district, as shown by the estimate of probable total
costs , as made by the Director of Public Works is $765 ,000. 00. The
estimated amount or proportion of the total cost to be paid by
other than special assessments is : $443 , 700 for oversizing and
bridge extension and $19 ,413 .90 for the improvements adjacent to
the Southside Baptist Church. The balance of the estimated total
cost in the district upon completion of the improvements shall be
apportioned in an assessment role against each lot, tract or
parcel of land to be assessed, which assessment role shall inlcude
additional assessments to cover the costs of legal and advertis-
ing, interest during construction and until assessments are made
by ordinance against the properties benefitted, and other inciden-
tal costs to the district. Assessments shall be levied by 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 shall be assessed
against those lots , tracts, or parcels of land owned by the owners
as set forth in the Master Agreement for the district on file with
the City Clerk. Each assessment , in proportion to the benefits
against a property specially benefitted, shall be sufficient to
cover the portion of the total cost of the improvements to be
defrayed by special assessments.
7 . After any such tract or parcel is divided into smaller
parcels or other property interests, the assessment against such
tract or parcel shall be reallocated, so that the assessment
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against each such smaller parcel or other property interest shall
bear the same ratio to the original assessement against such tract
or parcel as the proportionate interest in such smaller parcel or
other property interest bears to the interest in sellable land in
such original tract or parcel as so divided into smaller parcels
or other property interests. The entire unpaid principal of such
assessment or reallocated assessment , 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 has been capitalized
through such date) shall be immediately due and payable by the
seller or transferor thereof prior to the sale or transfer of any
such tract or parcel or portion thereof if such tract or parcel
shall have been divided as aforesaid, unless the purchaser or
transferee thereof shall acknowledge , in writing, receipt of
notice that the seller or transferor is not paying such assessment
or reallocated assessement in full prior to such sale or transfer
and that such assessment or reallocated assessment against such
tract or parcel , or portion thereof as the case may be , shall
continue to be a lien thereon.
8 . Said assessments shall be payable in not more than 15
equal annual installments with the interest on the unpaid install-
ments to be the same as the interest rate payable on the bonds
which interest rate shall not exceed eighteen percent ( 18%) per
annum.
9 . That on July 17 , 1984 , at the hour of 5 : 30 p.m. , or as
soon thereafter as the matter may come on for hearing 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 improve-
ments by the owners of any real estate to be assessed or any
interested persons.
Passed and adopted at a regular meeting of the Council of the City of Fort
Collins held this 5th day of June, 1984.
ll�.fL
Mayor
TTEST :
2
City Clerk
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