HomeMy WebLinkAbout045 - 04/21/1987 - ASSESSING THE COST OF IMPROVEMENTS IN THE HARMONY TRUNK SEWER SPECIAL IMPROVEMENT DISTRICT NO. 60 ORDINANCE NO. 45 1987
OF THE COUNCIL OF THE CITY OF FORT COLLINS , COLORADO
BEING AN ORDINANCE ASSESSING THE COST OF
IMPROVEMENTS IN THE HARMONY TRUNK SEWER SPECIAL IMPROVEMENT
DISTRICT NO. 60 ,
IN THE CITY OF FORT COLLINS , COLORADO
AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF
WHEREAS, on March 4 , 1986 , the City Council ( the "Council." )
of the City of Fort Collins , Colorado ( the "City" ) passed and
adopted on final reading Ordinance No. 28 , 1986 of the City,
being an Ordinance (the "Creation Ordinance" ) creating the
Harmony Trunk Sewer Special Improvement District No. 60 (the
"District" ) , for the purpose of acquiring, constructing and
installing a sanitary sewer trunk line and other necessary
appurtenances ( the "Improvements" ) in the City; and
WHEREAS, pursuant to the Creation Ordinance and the District
Engineering Report on file with the City Clerk of the City, the
Improvements have been fully acquired , constructed and
installed; and
WHEREAS , on January 20 , 1987 , the Council adopted Resolution
No. 87-6, accepting the Improvements , receiving and accepting the
Statement of Cost of Improvements and the District Assessment
Roll prepared by the Director of Finance of the City and ordering
notice of the proposed assessments to be published as provided in
§16-18 of the Code of the City; and
WHEREAS, said notice was duly published as provided in
Resolution No. 87-6 and the date of March 17, 1987 was set for
the hearing of complaints or objections to the proposed district
Assessment Roll; and
WHEREAS, on March 17, 1987, the Council held a public
hearing for the purpose of hearing and determining any complaints
or objections made in writing by any owner of property to be
assessed for the Improvements , which complaint or objection was
filed in the office of the City Clerk within thirty ( 30) days
from the publication of the notice of the proposed assessments ;
and
WHEREAS, all complaints or objections duly made and filed by
such property owners to the Council have been heard and
considered by the Council .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, COLORADO:
Section 1 . That the total cost of the Improvements ,
including the cost of construction , engineering , acquisition of
existing improvements and rights-oE-way , interest accruing on
bonds issued to pay the cost of improvements up to the date when
such costs will be assessed , legal fees , publication, administ-
ration, financing and other incidentals incurred in connection
with the Improvements (but excluding the 2% cost of collection
which will be added to each annual assessment by the County
Treasurer at the time such assessment is due) is $1 , 276 , 305 . 04 .
The amount or proportion of the total cost of the Improvements to
be paid by other than special assessments is $306 , 770 . 39 . The
balance of the total cost in the District, $969 , 534 . 65 , is hereby
assessed upon the real property in the District in accordance
with the resolutions and ordinances pertaining to the District
adopted by the Council and the provisions of Chapter 1.6 of the
Code of the City. The proportion of the total District cost to
be assessed upon each lot or tract of land in the District shall_
be as set forth on Exhibit "A" attached hereto and incorporated
herein by reference.
Section 2 . All assessments made herein shall be due and
payable within thirty ( 30 ) days after the final publication of
this ordinance , without demand , provided that all such
assessments may, at the election of the owners of the property
assessed , be paid in 12 equal principal installments , the first
installment being due on the 1st day of May , 1989 ,
and on the 1st day of May of each year thereafter
until the full amount thereof has been paid , together with
interest on the unpaid principal at the rate of 8 . 8964% per
annum, said interest to be payable at the time of the principal
payments .
Section 3 . In the case of such election to pay in
installments as set forth herein, the failure to pay any
installment, whether of principal or interest , when due shall
cause the entire remaining principal balance and accrued interest
thereon to become due and collectible immediately and the entire
remaining principal balance and accrued interest thereon shall
thereafter draw interest at the rate of one percent ( 1%) per
month or fraction of a month until the day of sale of the
property as provided in Chapter 16 of the City Code. At any time
prior to the day of sale, the owner may pay the amount of all
unpaid installments with interest at one percent ( 1 %) per month
or fraction thereof and all penalties accrued and shall be
restored to the right thereafter to pay in installments in the
same manner as if default had not occurred .
Section 4 . All assessments made herein , together with all.
interest thereon and penalties for default in payment thereof ,
shall be a lien in the several amounts assessed against each
property from the date of the publication of the assessing
ordinance and shall be a first and prior lien over all other
liens except general taxes in the same manner as general taxes
now provided by law.
2
Section 5 . All complaints or objections duly made in
writing and filed with the City as provided in Chapter 16 of the
City Code have been heard and considered by the Council and the
Council hereby finds and determines that the assessments made
herein are equitable and proper .
Section 6 . All actions, legal or equitable, for relief
against the assessments made herein , whether based upon
irregularities , jurisdictional defects or other grounds, shall be
commenced within thirty ( 30 ) days after the final passage of this
ordinance or else be thereafter perpetually barred.
Section 7 . All action (not inconsistent with the provisions
of this ordinance) heretofore taken by the City or its officers
directed toward the acceptance of District Improvements , the
presentation and filing of the Statement of District Costs and
the District Assessment Roll , and the ordering of Notice to
property owners to be assessed and to persons interested
generally is hereby ratified, approved and confirmed.
Introduced , considered favorably on first reading , and
ordered published this 17th day of March, 1987, and to be
presented for final passage on the 21st day of April
1987 .
yo
ATTEST:
IWALr
City Clerk
Passed and adopted on second reading this 21st day of
April 1987.
-OOMay
ATTEST:
I .
City Clerk
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EXHIBIT A TO HARMONY TRUNK SEWER
ASSESSMENT ROLL
Stromberger
A part of the Northwest 1/4 of Section 5 , Township 6 North,
Range 68 West, of the Sixth P.M. , which begins at a point on
the west line of said Northwest 1/4 which bears S 00023 ' 07"E
170 . 00 feet from the Northwest corner of said Section 5 , and
runs thence along the southerly right-of-way line of Colorado
State Highway No. 68 , S 89037106"E 30. 00 feet, and again N
45000109"E 70 . 20 feet, and again S 89037106"E 2570 . 00 feet;
thence S O1001120" E 2464 . 44 feet; thence N 8905814411W 2677 . 51
feet to the West 1/4 corner of said Section 5 ; thence N
0002310711W 2430 . 79 feet to the point of beginning, containing
151 . 1171 acres , more or less .
EXHIBIT B TO HARMONY TRUNK SEWER
ASSESSMENT ROLL
HH Investment
A part of the Southwest 1/4 of Section 5 , Township 6 North
Range 68 West, of the Sixth P.M. , which begins at the West 1/4
corner of said Section 5 and runs thence S 89058144"E 2677. 51
feet; thence S 01001120"E 1292 . 99 feet; thence S 89039135"W
2691. 31 feet; thence N 00024130"W 1309 . 78 feet to the point of
beginning, containing 80 . 1932 acres , more or less .
EXHIBIT C TO HARMONY TRUNK SEWER
ASSESSMENT ROLL
Dusbabek
A part of the Southeast 1/4 of Section 6 , Township 6 North,
Range 68 West, of the Sixth P.M. , which begins at the East 1/4
corner of said Section 6 and runs thence S 00024130"E 1031 . 92
feet; thence N 80021110"W 1956 . 72 feet to the easterly line of
the Union Pacific Railroad right-of-way; thence along said
railroad line, N 14030138"E 731. 03 feet; thence S 89052133"E
1738 . 53 feet to the point of beginning, containing 36 . 9516
acres, more or less .
EXHIBIT D TO HARMONY TRUNA
SEWER ASSESSMENT ROLL
Everitt Enterprises Limited Partnership No. 1
A part of Section 6, Township 6 North, Range 68 West, of the
Sixth P.M. which begins at a point on the south right-of-way
line of Colorado State Highway No. 68 which bears S 890371
2311E 1332 .00 feet, and again S 0002213711W 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 890
3712311E 313 .50 feet, and again N 00021127"W 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 8403115311E 29.70 feet,
and again S 8100912311E 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 8904812211W 25. 81
feet, and again S 1403013811W 2705.81 feet; thence S 890411
5011W 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
72004 ' 2511W 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 1602100811E 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 020
0414011E 633 . 58 feet; thence N 1003702301W 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 050
0712311W 59. 13 feet; thence N 0002213711W 105. 00 feet to the
point of beginning, containing 196.2953 acres, more or less.
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