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HomeMy WebLinkAbout103 - 09/21/1982 - PROVIDING FOR THE CREATION AND ORGANIZATION OF THE BOARDWALK SPECIAL IMPROVEMENT DISTRICT #77 ORDINANCE NO 103 1982 OF THE COUNCIL OF THE CITY OF FORT COLLINS PROVIDING FOR THE CREATION AND ORGANIZATION OF THE BOARDWALK SPECIAL IMPROVEMENT DISTRICT #77, AND PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN WHEREAS, the Council of the City of Fort Collins has received and accepted a petition from affected property owners in the proposed Boardwalk Special Improvement District #77 requesting that proceedings be initiated to create said special improvement district for the purpose of installing the improvements described on the Engineering Report for the Boardwalk Special Improvement District on file with the City Clerk for the benefit of the property described on said Engineering Report, and WHEREAS, the Council has received the necessary reports, waived any notice pursuant to Section 16-38 of the Code of the City of Fort Collins and received a written waiver signed by all owners of the property in said improvement district and held a hearing as required by the Code, and WHEREAS, the affected property owners of said district have expressly waived, in writing, any limitation on assessments for the costs of in- stalling said improvements pursuant to Section 16-20 of the Code of the City of Fort Collins, and WHEREAS, the affected property owners have entered into an agreement with the City of Fort Collins concerning, without limitations, the assess- ment of costs, street oversizing fees and amounts to be assessed against participating property owners for improvements to property of non-partici- pating property owners, and WHEREAS, the Council is of the opinion that it is in the best interest of the public health, safety and welfare of the residents of the City 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 the Boardwalk Special Improvement District -077 (district) comprised of the property described in the Engi- neering Report for the Boardwalk Special Improvement District on file with the City Clerk Section 2 That the improvements to be constructed shall consist of the improvements described on the Engineering Report for the Boardwalk Special Improvement District on file with the City Clerk and as more fully set forth in the map, plans and specifications heretofore submitted by the Director of Public Works and accepted by the Council by resolution Section 3 That the total cost of such improvements shall not exceed more than 5% of the City Engineer' s estimate, heretofore accepted of $579,659 for all improvements to be installed, exclusive of the expense of collection, legal , advertising, engineering, financing, interest during construction and other incidental expenses, and that said total cost together with such expense of collection, legal , advertising, engineering, financing and other incidentals (not to exceed 25% of the cost of such improvements) and interest during construction shall be assessed against the property in said district in the manner set forth on the Engineering Report for the Boardwalk Special Improvement District on file with the City Clerk in accordance with the provisions of Chapter 16 of the Code of the City of Fort Collins Section 4 That pursuant to Chapter 16 of the Code of the City of Fort Collins, the Council has considered all complaints or objections made and filed in writing by the owners of any real estate to be assessed or any interested persons, and that the Council further finds that all require- ments of the Code 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 maps, plans and specifications heretofore adopted by the Council be and they hereby are ordered to be constructed Section 5 That upon the effective date of this ordinance, the City Manager is hereby authorized and empowered to advertise for bids for the construction of the improvements in accordance with the map, plans and specifications heretofore adopted, which advertisements shall be twice published in a official newspaper published in the City Said publications are to be at least a week apart, and the date for opening of the bids shall not be less than 10 days after first publication, and bids received under said advertisement shall be submitted to the Council for approval or rejection Advertisements 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 That the City Manager is authorized to enter into an agreement with the property owners of the District providing for Formation of Special Improvement District, Waiver of Requirements for Special Im- provement District, Formation of Said District, Estimate of Cost, Over- sizing Costs, Reimbursement for Certain Development Costs, Reimbursement for Engineering Costs, Reimbursement for Right-of-Way for Road, Payment of Assesments, Default, Termination and terms necessary The City Manager shall also be empowered and authorized to enter into necessary agreements after due negotiation with TRI-CONSULTANTS, INC to perform engineering final design and construction related services, the cost of which shall be assessed against the district and City as set forth in the agreement between the property owners of the District and the City -2- Section 7 That when the improvements herein authorized have been completed and the same approved and accepted by the City of Fort Collins, the costs as set forth shall be assessed upon real property in said im- provement district, as set forth in this ordinance Section 8 That this ordinance shall be irrepealable until the indebtedness hereby provided for, whenever the same shall be created, shall have been duly paid, satisfied and discharged as herein provided Introduced, considered favorably on first reading, and ordered pub- lished this 7th day of September, A D , 1982, and to be presented for final passage on the 21st day of September, A D , 1982 e Qa_�� Mayor ATTEST City Clerk 1982 Passed and adopted on final reading this 21st day of September, A D , Mayor ATTEST . �p City Clerk -3-