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HomeMy WebLinkAbout114 - 08/04/1987 - CREATION AND ORGANIZATION OF THE OAKRIDGE BUSINESS PARK SPECIAL IMPROVEMENT DISTRICT NO. 91 ORDINANCE NO. 114 1987 OF THE COUNCIL OF THE CITY OF FORT COLLINS RELATING TO THE CREATION AND ORGANIZATION OF THE OAKRIDGE BUSINESS PARK SPECIAL IMPROVEMENT DISTRICT NO. 91 AND PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN. WHEREAS , heretofore the necessary proceedings were initiated to create the OakRidge Business Park Special Improvement District No. 91 ( the "District" ) for the purpose of installing the following improvements , to wit : street pavement , curb, gutters , sidewalks , street lighting , landscaping , landscaped median islands, water mains , sanitary sewer lines , storm drainage improvements and other necessary appurtenances , ( the " Improvements" ) for the benefit of the property contained within and adjacent to the boundary of said District as set forth on Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS , the Council of the City of Fort Collins ( the "Council" ) began proceedings to acquire, install , and construct the Improvements in said District by the acceptance of a Petition of the property owner in said District and the adoption of Resolution No. 87- 101 relating thereto on the 215t day of July 1987, and Resolution No. 87- 102 on the 21st day of July 1987; and WHEREAS , the City of Fort Collins, Colorado ( the "City" ) , has received the necessary engineering report and accepted the waiver of any notice requirements pursuant to Chapter 16 of the Code of the City ( the "Code" ) ; and WHEREAS , the property owner in said District the "Petitioner" ) has expressly waived, in writing, notice and other provisions to which it would otherwise be entitled pursuant to Chapter 16 of the Code; and WHEREAS , the Petitioner shall enter into agreements with the City concerning the formation of the District and the management of the construction of the Improvements and shall provide therein the rights and responsibilities of all parties relative thereto; and WHEREAS , the Council is of the opinion that it is in the best interest of the residents of the City to create said District. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS : Section 1 . That there is hereby created and organized a special improvement district under and by virtue of the provisions of Chapter 16 of the Code, and pursuant to the provisions set forth in the agreement between the City and the Petitioner regarding said District , to be known as the OakRidge Business Park Special Improvement District No. 91 , comprised of the real property described on Exhibit "A" , attached hereto and by this reference made a part hereof . Section 2 . That the Improvements to be constructed in said District shall consist generally of street pavement , curb, gutters , sidewalks, street lighting, landscaping , landscaped median islands , water mains , sanitary sewer lines , storm drainage improvements , and other necessary appurtenances , all as more fully described in the Engineering Report for the District and Resolution 87-102 on file with the City Clerk and incorporated herein by reference. Section 3 . That the estimated total cost of the improvements in the District , including without limitation, the cost of acquiring , planning , engineering , and constructing the Improvements (but excluding legal and advertising costs, interest during construction and until assessments are made by ordinance against the properties 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 $3 , 309 , 672 . 68 . Section 4 . 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 $168,512.57. The foregoing constitutes the maximum obligation of the City notwithstanding that costs might exceed estimates heretofore submitted , unless appropriation is made therefor . The balance of the total actual cost in the District ( estimated to be $3,141,160.11) , upon the completion of theImprovements , 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 advertising, 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 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 Petitioner and in the manner set forth in the Petition for the District on file with the City Clerk . The total of all aggregated assessments shall be sufficient to cover the portion of the total cost of the Improvements to be defrayed by special assessments . 2 Section 5 . After any lot , tract , or parcel of property within the District 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 interest 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 any 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 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 acknowledge, in writing, receipt of notice that the seller or transferor 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 6 . That pursuant to Chapter 16 of the Code, the Council has considered all complaints or objections made or filed in writing by the owners of any real property to be assessed and any other interested person; and that the Council further finds that all requirements of the Code regarding the organization of the District have been observed and complied with or properly waived in accordance with Section L6-38 of the Code; and it is hereby ordered that the Improvements as provided for in the maps , plans and specifications heretofore adopted by the Council , be and they hereby are, ordered to be constructed. Section 7 . That the City Manager is authorized to execute agreements on behalf of the City with the Petitioner concerning the formation of said District and the management of construction of the District, and to provide in said agreements the rights and responsibilities of the Petitioner and the City relative to said District . Section 8 . When the Improvements herein authorized have been completed and the same approved and accepted by the City, the costs as set forth in Section 4 above shall be assessed upon the real property in said District , all as set forth in the Petition and Resolution 87- 101for the District on file with the City Clerk . If there are any excess bond proceeds available after the Improvements have been completed and paid for , such proceeds may be used , to the extent permitted by law, to construct, install or acquire additional improvements of a like or similar nature to the Improvements; subject , however , to the condition that the Petitioner consents to the additional improvements . 3 Section 9 . 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. Section 10 . If any section, paragraph, clause or provision of this Ordinance shall be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any other provision of this Ordinance. Section 11 . All ordinances , resolutions and regulations of the City in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance, resolution or regulation, or part thereof , heretofore repealed . Section 12 . This Ordinance , immediately on its final passage, shall be recorded in the Ordinance Record of the City kept for that purpose, authenticated by the signatures of the Mayor and the City Clerk, and notice of the adoption thereof shall be published in The Coloradoan, a newspaper of general circulation published in the City. Section 13 . All actions, legal or equitable , for relief against any proceeding provided for under Chapter 16 of the Code, whether based upon irregularities , jurisdictional defects or other grounds, shall be commenced within 30 days after the wrongful act complained of or else be thereafter perpetually barred . INTRODUCED, CONSIDERED FAVORABLY ON FIRST READING, AND ORDERED PUBLISHED THIS 21st DAY OF July , A. D. , 1987 , AND TO BE PRESENTED FOR FINAL PASSAGE ON THE 4th DAY OF August A. D. , 1987 . Mayor ATTEST: 1n1 14� YC c\ �.O o 1P City Clerk Passed and adopted on final reading by the Council of the City of Fort Collins this 4th day of August A. D. , 1987 . Mayor 4 ATTEST: City Clerk 5 EXHIBIT "A" Description of District Property A tract of land situate in Section 6 , Township 6 North, Range 68 West of the Sixth P.M. , Fort Collins , Larimer County, Colorado, which considering the North line of the Northwest 1/4 of said Section 6 as bearing S 890 37 ' 23" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the South right-of-way line of Colorado Highway No. 68 which bears S 000 21 ' 27" E 28 . 01 feet from the North 1/4 corner of said Section 6 and run thence along the said South right-of-way line of Colorado Highway No. 68 , S 890 40 ' 53" E 655 . 70 feet , and again S 880 41108" E 115 . 00 feet , and again S 870 10" 53" E 493 . 30 feet , and again S 840 31 ' 53" E 29 . 70 feet, and again S 810 09 ' 23" E 93 . 76 feet to a point on the West right-of-way line of the Union Pacific Railroad; thence along the said West right-of-way line of the Union Pacific Railroad , along the arc of a 3744 . 83 foot radius curve to the right, a distance of 326 . 76 feet , the long chord of which bears S 120 00 ' 34 " w 326 . 66 feet , and again along said West right-of-way, S 140 30 ' 38" W 947 . 10 feet , and again N 890 48 ' 22" W 25 . 81 feet, and again S 140 30 ' 38" W 2147 . 22 feet; thence along the arc of a 830 . 00 foot radius curve to the right , a distance of 234 . 51 feet , the long chord of which bears N 670 17 ' 39" W 233 . 73 feet , thence N 590 12 ' W 600 . 00 feet, thence along the arc of a 762 . 00 foot radius curve to the left, a distance of 418 . 93 feet, the long chord of which bears N 740 57 ' W 413 . 68 feet; thence S 890 18 ' W 200 . 00 feet; thence along the arc of a 1142 . 00 foot radius curve to the left, a distance of 597 . 95 feet , the long chord of which bears S 740 18 ' W 591 . 14 feet; thence S 590 18 ' W 200 . 00 feet; thence N 300 42 ' W 68 . 00 feet; thence along the arc of a 15 . 00 foot radius curve to the right , a distance of 23 . 56 feet, the long chord of which bears N 750 42 , W 21 . 21 feet; thence along the East right-of-way line of Wheaton Drive, N 300 42 , W 100 . 00 feet, and again along the arc of a 1262 . 40 foot radius curve to the right a distance of 1144 . 59 feet , the long chord of which bears N 040 43 ' 32" W 1105 . 79 feet , and again long the arc of a 15 . 00 foot radius curve to the right, a distance of 24 . 15 feet, the long chord of which bears N 670 22 ' 30" E 21 . 63 feet, and again N 230 30 ' E 68 . 00 feet , and again along the arc of a 15 . 00 foot radius curve to the right , a distance of 24 . 15 feet , the long chord of which bears N 200 22 ' 08" W 21 . 62 feet , and again along the arc of a 1262 . 40 foot radius curve to the right, a distance of 157 . 51 feet, the long chord of which bears N 290 19 ' 32" E 157 . 41 feet , and again N 320 54 ' E 485 . 44 feet to the boundary line of OakRidge Business Park, Second Filing , P.U. D. , thence along said boundary line , S 420 45 ' E 521 . 54 feet , and again N 470 15 ' E 151 . 00 feet , and again N 020 15 ' E 89 . 10 feet , and again N 470 15 ' E 112 . 00 feet, and again N 420 45 , W 476 . 57 feet , and again N 720 04 ' 25" W 6 87 . 82 feet to the East right-of-way line of Wheaton Drive; thence along said East line, along the arc of a 810 . 00 foot radius curve to the left, a distance of 44 . 50 feet , the long chord of which bears N 160 21 ' 08" E 44 . 50 feet, and again along the arc of a 1425 . 88 foot radius curve to the left , a distance of 498 . 62 feet , the long chord of which bears N 040 45 ' 37" E 496 . 09 feet , and again long the arc of a 15 . 00 foot radius curve to the right, a distance of 25 . 04 feet, the long chord of which bears N 420 33 ' 35" E 22 . 23 feet , and again N 000 22 ' 37" E 68 . 00 feet , and again N 890 37 ' 23" W 13 . 08 feet , and again along the arc of a 15 . 00 foot radius curve to the right, a distance of 21 . 06 feet , the long chord of which bears N 490 24 ' 23" W 19 . 37 feet , and again along the arc of a 1425 . 88 foot radius curve to the left, a distance of 35 . 67 feet, the long chord of which bears N 090 54 ' 08" W 35 . 67 feet, and again N 10° 37 ' 23" W 150 . 00 feet, and again long the arc of a 323 . 49 foot radius curve to the right, a distance of 62 . 11 feet , the long chord of which bears N 050 07 ' 23" W 62 . 01 feet, and again N 000 22 ' 37" E 90 . 00 feet, and again along the arc of a 15 . 00 foot radius curve to the right , a distance of 23 . 56 feet, the long chord of which bears N 450 22 ' 37" E 21. 21 feet to the South right-of-way line of Colorado Highway No. 68 ; thence along said South line, S 890 37 ' 23" E 897. 37 feet to the boundary line of the Harmony Cemetery; thence along said boundary line S 000 21 ' 27" E 303 . 99 feet, and again S 890 37" 23" E 313 . 50 feet , and again N 000 21 ' 27" W 301 . 99 feet to the point of beginning, containing 168 . 8956 acres more or less . 7