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HomeMy WebLinkAbout077 - 10/26/1976 - RELATING TO THE CREATION OF GENERAL IMPROVEMENT DISTRICT NO 1 (EMERGENCY ORDINANCE) ORDINANCE NO 77, 1976 BEING AN ORDINANCE RELATING TO THE CREATION OF GENERAL IMPROVEMENT DISTRICT NO 1 IN THE CITY OF FORT COLLINS COLORADO ADJUDICATING JURISDICTION, ORGANIZING AND ESTABLISHING THE DISTRICT, DETERMINING THE BOUNDARIES THEREOF AND DECLARING AN EMERGENCY WHEREAS, pursuant to ordinance No 45 1976, passed and adopted on July 20, 1976 the City Council has established a procedure for the creation of local public improvement districts (general improvement districts) which provides that the creation of such districts, the construction of improvements therein and the issuance of bonds may be accom- plished either in accordance with Title 31, Article 25 Part 6, Colorado Revised Statutes 1973 as amended or pursuant to the procedural ordinance and WHEREAS the procedural ordinance provides that such districts may be initiated by resolution of the City Council without the requirement of a petition and WHEREAS the City Council on September 21, 1976 has passed a resolution declaring its intention to create a general improvement district within the City for the purpose of acquiring property and constructing parking facilities thereon, and constructing and installing other street beautifi- cation improvements, all as more particularly set forth in Section 1 of said resolution and WHEREAS notice of the hearing on the creation of the District was given in the time and manner required by law and i WHEREAS on October 19, 1976, the City Council heard and considered all protests and ob]ectxons concerning the creation of the District and the construction and installation of Improvements therein and WHEREAS, the City Council has determined that the protests should be overruled and denied, and the district should be established NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 Jurisdiction The City Council hereby finds and determines that-all 3ur3.sdictional requirements pertaining to the organization of a general improvement district have been satisfied in these proceedings Section 2 Protests and Objections All remonstrances opposing the creatio othe district ave been considered and the City Coundil hereby finds and determines that the objections and protests filed in these proceedings meeting the requirements of law have been signed and filed by property owners who own less than forty percent (40%) of the total assessed valuation of property within the proposed district Section 3 Creation of D2 -LI1C.t There is hereby created and organized a (j- moral improvement district under and by virtue of the provisions of Title 31 Article 25, Part 6 Colorado Revised Statutes, 1973, as amended, the Charter of the City and Ordinance No 45, 1976, to be known as City of Fort Collins General Improvement District No 1 (hereinafter sometimes referred to as the District") The City Council of the City of Fort Collins shall constitute ex-officio the board of directors of the District The Mayor of the City shall be ex-officio the President of the Board of Directors of the District, the City Clerk shall be ex-cfficio the Secretary and the City Treasurer shall be ex-officio the Treasurer of the District Section 4 Boundaries of the District The boundaries of the District shall be those boundaries et forth in Exhibit A attached hereto and shall include property described in such Exhibit A Section 5 Purposes The District is formed for the purpose of acquiringerty and constructing thereon parking facilities to serve the area encompassed within the boundaries of the District and other incidental improvements and for the purpose of constructing and installing street and mall beautification improvements to include canopies, lighting and other incidental improvements the improvements { which are acquired constructed or installed as part of the General Improvement District sl _L1 not duplicate or interfere with the improvements which are planned and will be included within the special improvement district, created concurrently with this District, but rather it is intended that the improvements authorized by this ordinance and the ordinance creating the special improvement district are part of the overall downtown improvement project a The present estimated cost of the proposed improvements ' in General Improvement District No 1 is $1,100, 000 00 a -2- Section 6 Powers of the District The District shall be a public or quasi-municipal subdivision of the State of Colorado, and shall have all powers granted by Part 6 of Article 25 of Title 31, Colorado Revised Statutes 1973 as amended Section 7 Filing with County Clerk and County Assessor Within thirty (30) days after the date of the final passage and adoption of this ordinance, the City Clerk shall transmit to the County Clerk and Recorder of Larimer County Col -ado, and to the County Assessor of said County, a copy of this ordinance for filing in each office pursuant to Section 31-25-608 and Section 39-1-110 (1) Colorado Revised Statutes, 1973 as amended Section 8 Severability That if any one or more sections or provisions of this ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect impair or invalidate the remaining provisions of this ordinance it being the intention that the various provisions hereof are severable Section 9 Repealer All ordinances or resolutions or parts thereof,in conflict with this ordinance are hereby repealed Section 10 Declaration of Emergency Inasmuch as it is necessary to create the general improvement district as soon as possible in order that the District can levy taxes and undertake the procedure preliminary to the construction of the project and the issuance of bonds the City Council hereby finds and determines that the passage and adoption of this ordinance is for the immediate preservation of the public health safety and welfare and that the ordinance should be passed as an emergency ordinance, and becomes effective upon its passage Introduced and finally passed and adopted this 26th day of October A D 1976 ATTEST Mayor Ci Clerk- -3- Descrip Dn of Property within th 3istr3.ct Perimeter Description B�c,inning at the intersection of Maple and Meldrum, go easterly on Maple to the intersection of Maple and College turn south-easterly onto Jefferson Street and p*-�ceed to the intersection of Whedbee and Jefferson turn southerly onto Whedbee and continue to the inter- sLction of Oak and hhedbee turn westerly on Oak street to the intersection of Oak and the north-south alley in Blocl. 152 bounded by OaL. Whedbee, Olive and Peterson turn southerly down said alley to the intersection of the alley and Olive turn west on Olive and continue to the intersection of Olive and Peterson turn south on Peterson to the intersection of Peterson and the east- west alley of Block 144 bounded by Magnolia, Peterson, Pulberry and Mathews turn west into sa-d alley and continue to the intersection with Mathews turn south on Mathews and continue to the intersection of Mathews and Mulberry turn west on Mulberry and continue to the intersection of Mulberry and t.%e -iorth-south alley in Block 94 bounded by 2agnolia Howes, Mulberry, and Meldrum turn north into said allev and continue to the intersection with Magnolia turn west on Magnolia and continue to the intersection of Magnolia and Sherwood turn north on Sherwood and continue to the intersection of Sherwood and Olive turn east on Olive and continue to the intersection of Olive and the north-south alley of Block 82 bounded by Oak, Meldrum, Olive ind Sherwood, turn north on said alley and continue across Oak to the southeast corner of the property owned by Fay and St Croix (the East 35 feet of Lots 9 and 10, Block 81 in the City) turn west and continue along southern property line of said property to the southwest corner, turn north and continue alorg western property line of said property and continue in a straight line to ,fountain Aven..e turn east on Mounta-n to the intersection of reldrum and Yountain turn north on Meldrum to the point of beginn.�.ng Property Description Blocks 83, 42, 41 91, 92 93, 32, 31, 101, 102, 103, 104, 22, 21, lll, 112, 113, 114, 121, 122, 123, 124, 131, 132, 133, 134, 141, 142, 143, 151, 11, 12, 13, 14, 18 and 19 ALSO the East 1/2 of Block 82, the East 1/2 of Block 81, the East 1/2 of Block 94 , the West 1/2 of Block 152 and the North 1/2 of Block 144 ALSO the East 35 feet of Lots 9 and 10, Block 81 all in the City of Fort Collins, Colorado, according to To%m Plat dated January 16, 1873, and recorded January 18, 1873, in the office of the Larimer Cointy Clerk and Recorder M