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HomeMy WebLinkAbout090 - 07/17/1984 - AMENDING ORDINANCE NO. 086, 1983 WITH REGARD TO THE ALLOCATION OF COSTS AMONG CERTAIN PROPERTY OWNER i • ORDINANCE NO. 90 , 1984 OF THE COUNCIL OF THE CITY OF FORT COLLINS COLORADO , (THE "CITY" ) AMENDING ORDINANCE NO. 86. 1983 OF THE CITY WITH REGARD TO THE ALLOCATION OF COSTS AMONG CERTAIN PROPERTY OWNERS IN THE LEMAY/HARMONY SPECIAL IMPROVEMENT DISTRICT NO. 78. WHEREAS , the City Council on July 5, 1983 , approved on second reading Ordinance No . 86, 1983, creating and organizing the Lemay/ Harmony Special Improvement District No . 78 (The "District" ) and providinq for the financing and construction of improvements therein in two separate phases ( "Phase 1 " and "Phase 2" ) ; and WHEREAS, Section 7 and Exhibit B of said Ordinance No . 86 provide for the allocation of costs for Phase 1 and Phase 2 District improvements by and among the various owners of property within the District; and WHEREAS , on September 6, 1983 , the City Council authorized by ordinance the issuance of District bonds for Phase 1 District improvements in the amount of $1 ,885,000 and now desires to proceed with the issuance of District bonds for Phase 2 District improvements; and WHEREAS , in the opinion of the City Council , it is necessary to make certain amendments to the cost allocation formula set forth in Ordinance No. 86, 1983, with regard to those properties within the District owned by Everitt Enterprises, Inc. , Everitt Lumber Co. , Inc. , and Everitt Development, Inc. , collectively referred to in this ordinance as the "Everitt Companies" ; and WHEREAS, Section 16-9 of the City Code authorizes the City Council to make changes in a special improvement district after the first publication of notice to property owners provided that such change is adopted by ordinance of the City Council; and WHEREAS, the City Council believes that the amendment set forth herein relating to the cost allocation forumula for properties of the Everitt Companies within the District will result in a more equitable assessment against such properties. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1 . That, pursuant to Section 16-9 of the City Code , the City Council hereby amends Ordinance No. 86, 1983, of the City to provide that the costs of Phase 2 District improvements as established in said ordinance for each of the properties of the Everitt Companies within Phase 2 of the District shall be combined and the total cost therefore assessed by the City against the properties of the Everitt Companies within Phase 2 of the District on an area basis so that the assessment against each piece of property assessed shall be in the proportion that the square footage of such piece of property bears to the total square footage of the assessable properties of the Everitt Companies within the District. .... ...._.. . Section 2 . That the Everitt Companies have heretofore by separate written documents filed with the City waived any and all of the provisions of Chapter 16 of the code relating to or requiring public hearings, notices , or publications . Section 3. That the City Manager is hereby authorized to execute an agreement with the Everitt Companies on behalf of the City concerning the allocation of Phase 2 District costs among properties of the Everitt Companies set forth herein. Introduced , considered favorably on the first reading, and ordered published this 3rd day of July , A.D. 1984, and to be presented for final passage on the 17th day of July A.D. 1984. -&� Mayor 9 —ATTEST- City Clerk Passed and adopted on final reading on this 17th day of July _,A.D. 1984. Mayor ATTEST? City Clerk