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HomeMy WebLinkAbout046 - 07/05/1977 - RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER IMPROVEMENT DISTRICT NO.59 ORDINANCE NO. 46, 1977 j BEING AN ORDINANCE RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER IMPROVEMENT DISTRICT j NO. 59, AND PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS 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 received the necessary reports, gave the required notice and held a hearing on the creation of such district on May 3, 1977, and continued such hearing to this date, and WHEREAS, the City Engineer and Director of Engineering Services have recommended changes in the proposed district as the result of objections presented at the hearing, the recommended changes being to increase the City cost in recognition that a City golf course is located on the North side of Mulberry Street adjoining portions of the sewer line to be installed and to charge the City on the same basis as other adjoining landowners and also to charge as a City cost the share of a property at the corner of Crestmore Place and Mulberry Street which is not to be assessed because it is connected to a different sanitary sewer line, and WHEREAS, the City Council is of the opinion that the recommendations of the City Engineer and Director of Engineering Services should be accepted and after the changes made to accomplish these recommendations, 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 Sanitary Sewer Improvement District No. 59 (herein- after sometimes referred to as "the district") comprised of the property described on Exhibit "A" attached hereto. I M 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 (5%) the City Engineer's estimate heretofore accepted of $23,900.00, exclusive of the expense of collection, legal, advertising, engineering, financing, interest during construction and other incidentals. The City shall pay all of the cost of construction of said line except that one-half of the cost of construction of that portion of the line installed within the right of way of West Mulberry Street from its intersection with Taft Hill Road east to a point 867. 81 feet east of the northwest corner of Section 15, Township 7 North, Range 69 West of the 6th P M , together with such expense of collection, legal, advertising, engineering, financing, interest during construction and other incidentals (17% of such assessable costs) shall be assessed against the property in the district described on Exhibit A, in the manner set forth on Exhibit A, 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. 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 -2- 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. Introduced, considered favorably on first reading, and ordered published this 21stday of June, 1977, and to be presented for final passage on the 5th day of July, 1977. 4 - Mavor ATTEST. City Clerk Passed and adopted on final reading this 5th day of July, A.D. 1977. Mayor ATTEST: Ci y lerk -3- I EXHIBIT A ORDINANCE NO. 46, 1977 SANITARY SEWER IMPROVEMENT DISTRICT NO. 59 A Description of property specially benefited by the improvements to be installed in the district and to be assessed for a portion of the costs incurred in making said improvements as described and defined in Section 3 of the ordinance. Considering the North line of Section 15, Township 7 J North, Range 69 West of the 6th P M. , Larimer County, Colorado, as bearing due East and with all bearings contained herein, relative thereto, commencing at the ' NW corner of said Section 15, thence East 30 feet, thence South 30 feet to the true point of beginning, thence East 837. 81 feet, thence South 190 feet, thence f Wast 837. 81 feet, thence South 190 feet, thence West 837. 81 feet, thence North 190 feet to the point of beginning. B. Improvements to be installed in the district consist of: Installation of sanitary sewer main. C. The cost of making the improvements in the district shall be assessed against the assessable property in the district as follows: The amount to be assessed as described and defined in Section 3 of the ordinance shall be assessed upon all of the real estate in the district, respectively, in proportion 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 in the district. if