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HomeMy WebLinkAbout056 - 11/07/1974 - RELATING TO THE CREATION AND ORGANIZATION OF STORM SEWER IMPROVEMENT DISTRICT NO 16 ORDINANCE No 56, 1974 BEING AN ORDINANCE RELATING TO THE CREATION AND ORGANIZATION OF STORM SEWER IMPROVEMENT DISTRICT NO 16, PROVIDING FOR THE CONSTRUCTION OF IMPROVE- MENTS THEREIN WHEREAS, heretofore the necessary proceedings were instituted to create a special improvement district for the purpose of installing the improvements described on Exhibit "A" attached hereto (hereinafter sometimes referred to as "the improvements" ) for the benefit of the property described on Exhibit "A" , and WHEREAS, the City Council has received the necessary reports, and given the required notice of intent to form such District, and pursuant to notice duly given, a hearing on the formation of said District was held by the City Council on May 2, 1974, which hearing was duly continued to May 16, 1974, and which hearing was again duly continued to this date, and WHEREAS, as a result of the protests and other informa- tion received at said hearing, the City Council has directed the City Engineer to make certain changes in the plans for said District, which changes have been made and approved by the City Council, and WHEREAS, the City Council is of the opinion that it is in the best interests of the City of Fort Collins to form said special improvement district NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1. That there is hereby created and organized an improvement district under and by virtue of the provisions of Chapter 16 of the Code of the City of Fort Collins, to be known as Storm Sewer Improvement District No 16 (hereinafter sometimes referred to as "the district" ) comprised of the property described on Exhibit "A" attached hereto Section 2 That the improvements to be constructed shall consist of the improvements described on Exhibit"A" attached hereto, all as more fully set forth in the map, plans and specifications heretofore submitted by the City Engineer and accepted by the City Council by resolution , I 1 .t Section 3. That the total cost of such improvements shall not exceed by more than five per cent (50) the City Engineer' s estimate heretofore accepted of $229, 848 22, exclusive of the expense of collection, legal, advertising, engineering, financing, interest during construction and other incidentals, and that said total cost together with such expense of collection, legal, advertising, engineering, financing, interest during construction and other incidentals (170 of the cost of such improvements) shall be assessed against the property in said district in the manner set forth on Exhibit "A" attached hereto in accordance with the provisions of Chapter 16 of the Code of the City of Fort Collins Section 4 Tnat the City Council has, pursuant to notice duly mailed and published, all as provided in Chapter 16 of the Code of the City of Fort Collins, considered all complaints and objections made and filed in writing by the owners of any real estate to be assessed or any persons interested, and the City Council further finds that all requirements of the ordinances of the City of Fort Collins respecting the organization of the district have been observed and complied with in all respects, and it is hereby ordered that the improvements in the district as provided for in the map, plans and specifications heretofore adopted by the City Council be and they hereby are ordered to be constructed Section 5 Upon the taking effect of this ordinance, the Mayor is hereby authorized and empowered to advertise for bids for the construction of the improvements in accord- ance with the map, plans and specifications heretofore adopted, which advertisement shall be twice published in an official newspaper published in the City Said publications are to be at least a week apart, and the date for opening of bids shall not be less than ten (10) days after first publica- tion, and bids received under said advertisement shall be submitted to the Council for approval or rejection. Adver- tisements for bids shall comply with the requirements and be in accordance with the provisions of Chapter 16 of the Code of the City of Fort Collins Section 6 When the improvements herein authorized have been completed and the same approved and acepted by the City of Fort Collins, the costs as set forth above shall be assessed upon the real property in said improvement district, all as hereinbefore set forth Section 7 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 1 -2- Introduced, considered favorably on first reading, and ordered published this 17th day of October, 1974 and to be presented for final passage on the 7th day of November, 1974 /s/ J W. N Fead Mayor ATTEST /s/ Verna Lewis City Clerk Passed and adopted on final reading this 7th day of November, A D 1974 /s/ Nancy P Gray Assistant Mayor ATTEST \ /s/ Verna Lewis City Clerk -3- EXHIBIT A ORDINANCE NO 56, 1974 STORM SEWER IMPROVEMENT DISTRICT NO 16 A Description of property specially benefited by the improvements to be installed in the district and to be assessed for the costs incurred in making said improvements A tract of land, situated in Section 18, Township 7 North, Range 68 West of the 6th P M , City of Fort Collins, County of Larimer, State of Colorado, which considering the West line of said Section 18 as bearing North and South and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point on the South line of said Section 18 which bears East 553 01 feet from the South 1/4 corner of said Section 18, said point also being on the centerline of La Plata Avenue Right-of-Way, Thence North 384 7 feet, Thence West 315 0 feet to the centerline of Pikes Peak Avenue Right-of-way, Thence South 171. 87 feet to the Center line of East Lake Street Right-of-Way, Thence along the arc of a 301 37 foot radius curve to the right a distance of 156 60 feet the long chord of which bears N 69°39 ' 24" W 152 24 feet, Thence along the arc of a 241 37 foot radius curve to the left a distance of 147 33 feet the long chord of which bears N 72°30 ' 48" W 145 05 feet, Thence West 78 5 feet to the centerline of Longs Peak Drive Right-of-Way, Thence North 176. 3 feet, Thence West 180 0 feet to the Northwest corner of lot 19 of the Prospect Estates Subdivision, Thence North 144 82 feet to the Southwest corner of lot 21 of the Prospect Estates Subdivision, Thence West 180 0 feet to the centerline of the Meeker Drive Right-of-Way, Thence South 47. 78 feet, Thence West 180 14 feet to the Southwest corner of lot 6 of the Prospect Estates Subdivision, Thence North 322 34 feet to the Southeast corner of lot 146 of Highlander Heights 7th Subdivision, Thence N 84025 ' W 139 97 feet along the South property line of said lot 146 to the centerline of Alford Street Right-of-way, r Thence along the arc of a 110. 0 foot radius curve to the left a distance of 8 96 feet the long chord of which bears N 02*23' E 8.92 feet, Thence North 178 43 feet, Thence S 86*57140" W 149 64 feet to the Southwest corner of lot 153 of highlander Heights 7th Subdivision; Thence N 13006 ' W 61 71 feet to the southeast corner of lot 52 of Highlander Heights 1st Subdivision, Thence S 61031' W 151 11 feet to the centerline of the Emigh Street Right-of-Way, Thence N 10°55 ' 36" W 232 28 feet, Thence S 89145110" W 168 06 feet to the NW corner of lot 37 of Highlander Heights 1st subdivision, Thence S 89*31 ' W 1264 30 feet to the West line of said Section 18 , said West line also being the center line of the Lemay Street Right-of-Way, Thence North along said West line 832 37 feet to the center line of Doctors Lane, Thence N 89*58130" E 244 99 feet to the center line of Hospital Lane Thence North 121. 49 feet, Thence S 89115' W 245 00 feet to the West line of Section 18, Thence North along said West line 368 00 feet to the West 1/4 corner of said Section 18, Thence North along said West line 1334 12 feet to a point, said point being the intersection of said West line with the existing City Limits Line along the North- east side of Riverside Drive, Thence South 49*24 ' East 369 5 feet along said City Limits Line, Thence along the arc of a 1121 00 foot radius curve to the left a distance of 314 84 feet, the long chord of which bears S 57026145" E 313 80 feet, along said City Limits Line, Thence along the arc of a 741 30 foot radius curve to the right a distance of 214. 75 feet, the long chord of which bears S 57°11' 30" East 214 . 00 feet along said City Limits Line, Thence S 61132' E 2095 17 feet to a point, said point being the most westerly Northwest corner of the lst Lemay Annexation to the City of Fort Collins and the most Northerly Northeast corner of the East Prospect Street lst Annexaton to the City of Fort Collins, Thence S 61032120" E 730 24 feet along the existing City Limits Line Thence along the arc of a 1587 28 feet radius curve to the right a distance of 1703 30 feet, the long chord of which bears S 30047150" E 1622 71 feet, along said City Limits Line, -2- a Thence S 00003120" E 680 43 feet to the South line of said Section 18, this point bears West 1183 40 feet from the southeast corner of said Section 18, Thence West along said South line 918 00 feet to the point of beginning B. Improvements to be installed in the district consist of The installation of storm sewer lines to provide storm drainage for properties in the district and to carry off storm waters from properties in the district C The cost of making the improvements in the district shall be assessed against the assessable property in the district as follows Upon all of the real estate in the District, exclusive of streets and alleys, respectively in porportion as the area of each piece of real estate in the District is to the area of all of the real estate in the District, exclusive of streets and alleys, except that the area of each parcel of real estate in the District shall be adjusted based upon the developed uses of such parcel (or if the parcel is not developed, upon the present zoning of such parcel) in accordance with the following- Developed Uses Factor by which Area (or Zoning) is Multiplied Single Family Residence 1 (R-L Zoning) Single Family Residence 75 with Lot area of more than 16, 000 square feet 2, 3 and 4 Unit 1.25 Residential Dwellings (R-P Zoning) Businesses permitted in 1 5 City Business Zones (B-P Zoning) Apartments with more than 1. 625 4 Dwelling Units, Commercial and Light Industrial Uses -3- permitted in C-Commercial and Limited Industrial Zones (RMP, R-H, C and I-L Zoning) Industrial Uses permitted 1. 875 in General Industrial Zone (I-G Zoning) The total ad3usted area of the various parcels in the District shall be considered as the total area of the District for the purpose of making assess- ments and each parcel shall be assessed upon the basis of its ad3usted area -4-