Loading...
HomeMy WebLinkAbout092 - 07/15/1980 - ASSESSING THE COSTS OF IMPROVEMENTS IN STREET IMPROVEMENT DISTRICT NO. 72 ORDINANCE NO 92 , 1980 BEING AN ORDINANCE ASSESSING THE COSTS OF IMPROVEMENTS IN STREET IMPROVEMENT DISTRICT NO 72 AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF WHEREAS, heretofore by appropriate ordinances and resolutions duly adopted by the Council of the City of Fort Collins, there was established Street Improvement District No 72 for the purpose of street improvements to benefit certain property within the City pursuant to Chapter 16 of the Code of the City of Fort Collins, and WHEREAS, pursuant to said ordinances and resolutions, said improve- ments have been installed and accepted by the City of Fort Collins, Colorado, and WHEREAS, upon accepting said improvements, the City Council adopted the report of the City Engineer respecting the cost of such improvements and the schedule of assessments prepared by the City Engineer and ordered notice to be published as provided in Chapter 16 of the Code of the City of Fort Collins which said notice was duly published as therein provided, and WHEREAS, July 1 , 1980, is the date set for the hearing of complaints and objections and the determinations of the same and for acting upon an ordinance assessing the cost of such improvements, and WHEREAS, all complaints and objections in writing filed by property owners within the district have been considered by the City Council NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the total cost of the improvements in Street Improvement District No 72 excluding the cost of engineering, legal , publication, interest during construction and collection, to-wit $490,591 50 less the portions of said cost to be paid in the following manner $16,781 46 from the City of Fort Collins at large, $108,829 57 from contributions in aid, $1299377 00 from storm drainage and construction monies, $190,000 00 from urban systems funds, is hereby assessed upon the real estate in said district in accordance with the provisions of Chapter 16 of the Code of the City of Fort Collins and the proportion of said costs assessed upon each lot or tract of land in said district shall be as follows Name and Address First Christian Church, 608 E Drake Road, Fort Collins, Frontage Feet 760 861 , Assessment Rate 11 2554, Total Assessment $8,563 78 A tract of land situate in the Northwest 1/4 of Section 30, Township 7 North, Range 68 West of the 6th P M , County of Larimer, State of Colorado, being more particularly des- cribed as follows Considering the West line of said Northwest 1/4 as bearing N 00°36'00" W and with all bearings contained herein relative thereto, beginning at a point on the West line of said Northwest 1/4 which bears S 00036100" E, 193 67 feet from the Northwest corner of said Section 30, said point being on the Southerly right-of-way line of Drake Road, thence along the said right-of-way line on the following courses, N 89"24'00" E, 17 50 feet to a point of curvature, thence 65 46 feet along a curve to the right having a central angle of 31000'00" , a radius of 120 99 feet and a chord of 64 67 feet which bears S 75*06100" E. to a point of tangency, thence S 59036100" E 93 39 feet to a point of curvature, thence 110 72 feet along a curve to the left having a central angle of 17*41129" a radius of 358 57 feet and a chord of 110 28 feet which bears S 680 26145" E. thence N 12*42131" E 40 00 feet to a point of non-tangent curvature, thence 166 89 feet along a curve to the left having a central angle of 30000159", a radius of 318 57 feet and a chord of 164 99 feet which bears N 87*42' 02" E, to a point of tangency, thence N 72°41'32" E, 710 56 feet to a point of curvature, thence 120 17 feet along a curve to the right having a central angle of 16°57'30", a radius of 406 01 feet and a chord of 119 73 feet which bears N 81010117" E. to a point of tangency, thence N 89039'02" E, 30 50 feet, more or less, to a point on the West line of Eldora Springs, Second Filing as on file in the records of said County of Larimer, thence along said West line S 00003'54' E, 1007 55 feet, thence S 89024100" W' 1256 29 feet, more or less, to the West line of said Northwest 1/4, thence along said West line N 00036100" W, 849 37 feet, more or less, to the point of beginning SUBJECT TO a 30 foot wide county road right-of-way, along the West line of said Northwest 1/4 and all other rights-of-way, easements or restrictions as now in use or on record Said tract con- tains 25 118 acres, more or less, gross Name and Address H C I , Inc , P 0 Box 1208, Fort Col- lins, Frontage Feet 1435 77' , Assessment Rate 16 4853, Total Assessment $239669 10 A portion of the N 1/2 of NE 1/4 of Section 25, Township 7 N. Range 69 West of the 6th P M that lies adjacent to the south side of East Drake Road between Edinburgh Street and Lemay Avenue and also that portion of the above section lying adjacent to the west side of Lemay Avenue between East Drake Road and Strachan Drive -2- Name and Address Deines Homes, Inc , P 0 Box 1986, Fort Collins, Frontage Feet 1281 341 , Assessment Rate 16 4853, Total Assessment $21,123 27 Cottonwood Subdivision of the City of Fort Collins, situate in the southeast one-quarter of Section 24 , Township 7 North, Range 69 West of the 6th P M Section 2 All assessments herein provided for shall be due and payable within thirty (30) days after the final publication of this ordi- nance without demand provided that all such assessments may, at the elec- tion of the owners of the property assessed, be in ten (10) equal install- ments, the first installment being due on the ist day of December 1980, and on the 1st day of December of each year thereafter until the full amount thereof has been paid together with interest on the unpaid principal at the rate of eight percent (8%) per annum, said interest to be payable at the time of the principal payment Failure to pay the whole of such assessment within thirty (30) days as aforesaid shall be conclusively considered and held as an election on the part of the person interested whether under disability or otherwise to pay in such install- ments Section 3 In the case of election of any person to pay in install- ments as aforesaid, the failure to pay any installment when due, whethei on principal or interest, shall cause the whole of the unpaid principal to become due and payable immediately and the whole amount of unpaid principal and accrued interest shall thereafter draw interest at the rate of one percent (1%) per month until the date of sale as hereinafter provided, provided, however, that at any time prior to the date of the sale, the owner of the property assessed may pay the amount of all unpaid and due installments together with all interest that has accrued as aforesaid and all penalties accrued and upon such payment shall be restored to the right to pay the installments in the same manner as if the default had not occurred The owners of any property not in default as to any installments or payments may, at any time, pay the entire unpaid balance principal together with interest accrued thereon to the first day of the month following such payment Section 4 Payments may be made to the Director of Finance at any time within thirty (30) days after final publication of this ordinance and in such event an allowance of five percent (5%) of the discount shall be made on all payments during such period only Section 5 In case of the default in the payment of any installment of principal or interest when due all property concerning which such default is suffered shall be advertised by the County Treasurer and sold for the payment of the entire unpaid assessment thereon at the same time or times and in the same manner under all the same conditions and penalties -3- and with the same effect as provided by law for the sale of real estate in default of the payment of general taxes, all as provided by Chapter 16 of the Code of the City of Fort Collins Section 6 The Director of Finance shall prepare the foregoing assessment roll in proper form as provided in Chapter 16 of the Code of the City of Fort Collins and shall keep a record of all payments during the thirty day period after the final publicatio^ of this ordinance and upon the expiration of the said thirty day period, he shall deliver said assess- ment roll to the County Treasurer of Larimer County with his warrant for collection of the same, all as provided in Chapter 16 of the Code of the City of Fort Collins Section 7 All collections made by the County Treasurer on said assessment roll in any calendar month shall be accounted for and paid over to the Director of Finance on the first day of each and every month within separate statements for all such collections for each month in the same manner as general taxes are paid by the County Treasurer to the City Section 8 The owner of any divided or undivided interest may pay his share of any assessment upon producing evidence of the extent of his interests satisfactory to the officers having the roll in their charge Section 9 If any property owner eligible therefor is granted a deferment from the assessment made by this ordinance pursuant to the provisions of Chapter 36 of the Code of the City of Fort Collins, then the lien created on such owner's property by this ordinance shall remain in full force and effect but the same shall not be due or payable until the deferment granted pursuant to Chapter 36, Code of the City of Fort Collins has expired Introduced, considered favorably on first reading, and ordered pub- lished this 1st day of July 19 0, and to be prese for final passage on the 15th day o _jul 80 or ATTEST -4- 1980 Passed and adopted on final reading this 15th day of July, A D 0 ATTEST 7 C Clerk -5-