HomeMy WebLinkAbout047 - 06/07/1977 - RELATING TO THE CREATION AND ORGANIZATION OF WATER MAIN IMPROVEMENT DISTRICT NO. 7 (DEFEATED 06/07/1 a.1
ORDINANCE NO. 47, 1977
BEING AN ORDINANCE RELATING TO THE CREATION AND
ORGANIZATION OF WATER MAIN IMPROVEMENT DISTRICT
NO. 7, AND PROVIDING FOR THE CONSTRUCTION OF
IMPROVEMENTS THEREIN
WHEREAS, �ieretofore the necessary proceedings were
instituted to c eate a special improvement district for the
purpose of insta ling the improvements described on Exhibit
"A" attached here (hereinafter sometimes referred to as
"the improvements") for the benefit of the property described
on Exhibit "A" ; and
WHEREAS, the City Founcil received the necessary
reports, gave the requir\dnotice and held a hearing on the
formation of the districMay 3, 1977, and duly continued
such hearing to this datd
WHEREAS, the City Engineer and Director of Engineering
Services have recommended changes in the amount to be assessed
in the district in response to ` b,ections that were raised
at the time of the hearing; and
WHEREAS, the City Council desires to accept the recommenda-
tions of the City Engineer and Director of Engineering
Services and is of the opinion that i`t is in the best interests
of the City of Fort Collins to form such special improvement
district with the revisions recommended\and
WHEREAS, the revisions recommended are the deletion of
some of the properties to be assessed forNthe improvements
to be installed in the district, with the City to pay the
portion of the cost that would have been pai�y the properties
deleted from the 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 Rrovisions
of Chapter 16 of the Code of the City of Fort Collins`, to be
i known as Water Main Improvement District No. 7 (herei after
sometimes referred to as "the district") comprised of
e
property described on Exhibit "A" attached hereto. \
1
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.
Section 3 That the total cost of such improvements
shall not exceed by more than five per cent (58) the City
Engineer' s estimate heretofore accepted of $62,683 55,
exclusive of the expense of collection, legal, advertising,
engineering, financing, interest during construction and
other incidentals That portion of the cost of installing
the line in the street right of way adjoining properties not
included within the boundaries of the district shall be paid
by the City of Fort Collins and the remaining portion of the
cost of such line, together with the expense of collection,
legal, advertising, engineering, financing, interest during
construction and other incidentals (17% of the cost of such
improvements) shall be assessed against the property in the
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. That 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 compiled 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 No property adjoining the right of way in
which the water line is to be installed which is not included
within the district and assessed its share of the cost of
installing the line shall be connected to such line unless
and until the property owner reimburses the City for such
property's share of the cost of said line on the same basis
that properties in the district were assessed for the cost
of installing the line.
Section 6. 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
-2-
F
I
`I
I
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 regection 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.
X
Section 7. 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 8 This ordinance shall be irrepealable until ,i
the indebtedness herein provided for, whenever the same m _',j
shall be created, shall have been duly paid, satisfied and y
discharged as herein provided.
Introduced, considered favorably on first reading, and #�
ordered published this 7th day of June, 1977, and to be
presented for final passage on the 21st 4y of June, 1977. '
ly'
r u
Mayor
ATTEST:
.4
City Clerk �•
b +
Passed and adopted on final reading this 21st day of
June, A D. 1977. E
h �w
+Y 1
• � 44
Mayor
ATTEST. xr
City Clerk >� >,
-3-
EXHIBIT A
ORDINANCE NO 47, 1977
WATER MAIN IMPROVEMENT DISTRICT NO 7
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
All lands abutting that portion of West Elizabeth from its
intersection with Overland Trail to its intersection with
Timber Lane, except the following described portions thereof
1 (South Side of Elizabeth Street) Beginning at a point
569 25 feet East of the West 1/4 corner of Section 16, Town-
ship 7 North, Range 69 West, thence continuing East 724 75 feet
to the point of termination
2 (North Side of Elizabeth Street) Beginning at a point
987.80 feet East of the West 1/4 corner of Section 16, Township
7 North, Range 69 West, thence continuing East 266 42 feet to
the point of termination
3 Lots 1 and 29 of the Rhodes' Subdivision
B Improvements to be installed in the district consist of
Installation of a water main
C The cost to be assessed against assessable property in the district
as defined and described in Section 3 of this ordinance shall be assessed
against the assessable property in the district as follows
Upon all of the lots and lands abutting on West Elizabeth Street
from Overland Trail to Timber Lane, in proportion as the frontage
of each lot or tract of land is to the frontage of all lots and
lands so improved