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HomeMy WebLinkAbout073 - 08/21/1984 - RELATING TO THE CREATION AND ORGANIZATION OF THE HORSETOOTH ROAD SPECIAL IMPROVEMENT DISTRICT NUMBER ORDINANCE NO. 73 , 1984 OF THE COUNCIL OF THE CITY OF FORT COLLINS RELATING TO THE CREATION AND ORGANIZATION OF THE HORSETOOTH ROAD SPECIAL IMPROVEMENT DISTRICT NUMBER 83 AND PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN. WHEREAS , the necessary proceedings have been initiated to create the Horsetooth Road Special Improvement District No . 83 (The District) for the purpose of installing the following improvements to wit: A seventy-foot flowline to flowline arterial street section including earthwork, subgrade preparation, sub-base , pavement structure , concrete curb and gutter and 5-foot detached sidewalk along each side , adjustment of all existing street intersections, storm drainage facilities , extension to the north of the New Mercer Ditch box culvert, and streetscape landscaping; and WHEREAS , the City of Fort Collins, Colorado (City) has received the necessary reports and waivers of all notice require- ments pursuant to §16-38 of the Code of the City; and WHEREAS , the property owners in said district have expressly waived in writing notice and other provisions to which they would otherwise be entitled pursuant to Chapter 16 of the code of the City; and WHEREAS , the property owners have submitted a Master Agree- ment concerning the formation of said District and providing therein the rights and responsibilities of all parties relative to said district and shall enter into a Management Agreement to provide for construction management of the same ; and WHEREAS the City Council is of the opinion that it is in the best interests of the residents of the City to form said district; and WHEREAS the City of Fort Collins is further of the opinion that it is in the best interests of the residents of the City to pay out of any legal fund available to the City certain over- sizing, landscaped median and other costs in connection with the improvements as well as advancing the necessary funds to pay for the improvements adjacent to the Southside Baptist Church. NOW, THEREFORE , BE IT BE ORDAINED by the Council of the City of Fort Collins : 1 . There is hereby created and organized a Special Improve- ment District under and by virtue of the provisions of Chapter 16 of the Code of the City, and pursuant to the provisions set forth in the Master Agreement between the City and the landowners within the district to be known as the Horsetooth Road Special Improve- ment District No. 83 comprised of the real property described on Exhibits A through H attached hereto and incorporated herein by this reference. 2. The improvements to be constructed in said district shall consist of the following: A seventy-foot flowline to flowline arterial street section including earthwork, subgrade preparation, sub-base, pavement structure , concrete curb and gutter and 5-foot detached sidewalk along each side , adjustment of all existing street intersections , storm drainage facilities , extension to the north of the New Mercer Ditch box culvert crossing, and streetscape landscaping all as more fully set forth in the map , plans and specifications ( as supplemented) heretofore submitted by the Director of Public Works for said district and accepted by the City Council by Resolution. 3 . The estimated total cost of the District improvements including engineering costs but excluding the costs of planning, legal and advertising costs ; interest during construction and until assessments are made by ordinance against the properties benefited and other costs to the district , as shown by the estimate of probable cost made by the Director of Public Works is $959 , 432 . The incidental costs excluded above are estimated at $223 , 920 . The maximum amount of the total cost to be paid not by assessment but by the city for oversizing and for payment for the improvements adjacent to the Southside Baptist Church shall be : Oversizing, Michie right-of-way acquisition, electric reloca- tion and landscaped medians - $582 , 100 Improvements adjacent to the Southside Baptist Church-esti- mated to be $19 ,400. The balance of the total cost of the District (whether conforming to the estimates or not) upon completion of the improvements shall be assessed against the property in the district on a lineal foot frontage basis fronting on Horsetooth Road with the total construction costs and other costs as more fully set forth in the Master Agreement distributed equally throughout the project except as follows : A. Warren property: no assessment for storm drainage . -2- B. Michie property: no assessment for storm drainage or landscaping, and assessment shall be based on capitalized interest for one year . C . Brown Farm Property: no assessment for landscaping. D. Chism Homes , Inc . Property: no assessment for land-scaping. 4. Pursuant to Chapter 16 of the Code of the City of Fort Collins , the Council has considered all complaints or objections made or filed in writing by the owners of any real property to be assessed or any interested person; and the Council finds that all requirements of the City Code respecting the organization of the District have been either waived or fully observed an complied with in all respects ; and it is hereby ordered that the improve- ments in the district as provided for in the maps , plans and specifications (as supplemented) heretofore adopted by the Council be , and they hereby are , ordered to be constructed. 5 . The City Manager is authorized to enter into the Master Agreement on behalf of the City with the property owners concer- ning the formation of said district and providing therein the rights and responsibilities of the owners in the City relative to said District. Said agreement shall provide for City paying the oversizing, certain landscaping and other costs above described as well as paying the amount for improvements adjacent to the Southside Baptist Church as above described. The City Manager is further authorized to enter into a Reimbursement Agreement with the Southside Baptist Church relative to reimbursement of said amount. The City Manager is further authorized to enter into a Construction Management Agreeement with the Petitioners concerning the management of construction of the improvements in the dis- trict. 6 . The estimated total cost of the street , landscaping and storm drainage improvements in the district , including without limitation, the cost of engineering, constructing, or otherwise acquiring the improvements ; and excluding legal and advertising costs , planning, interest during construction, and until assess- ments are made by ordinance against the properties benefited and other costs to the district , as shown by the estimate of probable total costs , as made by the Director of Public Works is $959 ,432 ; incidental costs are $223 , 920 ; and total costs are $1 , 183 , 352. The estimated amount of proportion of the total cost to be paid by other than special assessements is : $582 , 100 for oversizing and bridge extension and $19 ,400 for improvements adjacent to the -3- 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 include additional assessements to cover the costs of legal and adverti- sing, interest during construction and until assessments are made by ordinance against the properties benefited, 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 benefited, 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 against each such smaller parcel or other property interest shall bear the same ratio to the original assessment 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 parsel 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 tract or parcel , or portion thereof as the case may be , shall continue to be a lien thereon. 8 . When the improvements herein authorized have been com- pleted and the same approved and accepted by the City, the costs as set forth above shall be assessed upon the real property in said district as hereinbefore set forth and as set forth in Resolution 84-95 , as amended. -4- 9. This ordinance shall be irrepealable until the indebted- ness herein provided for , whenever the same shall be created, shall have been duly paid, satisfied and discharged as herein provided. Introduced, consider favorably on first reading, and ordered published this 5th day of June, 1984 and to be presented for final passage on the2lst day of August , 1984. Mayor C/ ATTEST: City Clerk Passed and adopted on final reading b the council of the P g Y City of Fort Collins this 215t day of August 1984. Mayor ATTEST: City Clerk -5-