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HomeMy WebLinkAbout076 - 10/26/1976 - CREATING DOWNTOWN IMPROVEMENT DISTRICT NO 1 (EMERGENCY ORDINANCE) � � J / l ORDINANCE NO 76, 1976 BEING AN ORDINANCE CREATING DOWNTOWN IMPROVEMENT DISTRICT NO 1 IN THE CITY OF FORT COLLINS, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET AND MALL IMPROVEMENTS ON CERTAIN STREETS THEREIN, PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVEMENTS, PROVIDING FOR NOTICE TO CONTRACTORS AND OTHER DETAILS IN CONNECTION WITH THE DISTRICT, AND DECLARING AN EMERGENCY WHEREAS, the City Council of the City of Fort Collins, Colorado, pursuant to the Charter of the City, Chapter 16 of the Code of the City, and the laws of the State of Colorado, hereby finds and determines that there exists a necessity for the creation of Downtown Improvement District No 1, and the construction of the street and mall improvements described below, and WHEREAS, by a resolution passed and adopted on August 17, 1976, the City Council has adopted the report of the Engineer with reference to the plans, specifications, map and estimate of the cost of the project, and WHEREAS, notice of a hearing on the creation of the District and the construction and installation of the improve- ments therein has been given by publication and mail in accordance with the provisions of Chapter 16 of the Code, and WHEREAS, the City Council met in open session on September a 21, 1976, and on October 19, 1976, for the purpose of hearing any objections or protests that might be made against the proposed district or the improvements to be constructed or installed, and WHEREAS, the City Council considered all such protests and objections and has determined that certain changes should be made in the boundary of the District by deleting zones 4 and 5 as described in the resolution previously passed by the City Council, and by deleting certain improve- ments from the District, and WHEREAS, the City Council has determined that the District should be established, to include the revised boundaries and list of improvements F t � l 1 i I NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 Creation of District That there is hereby created and organized an improvement district under and by f, virtue of the provisions of the City Charter, and Chapter 16 {, of the Code of the City, to be known as Downtown Improvement District No 1 (hereinafter 7ometimes referred to as the "District") comprised of the property described in Exhibit "A" attached hereto 4 Section 2 Description of Improvements That the ; improvements to be constructed shall consist of the improve- ments described in Exhibit "B" attached hereto, all as more fully set forth in the map, plans and specifications hereto- fore submitted by the City Fyngineer and accepted by the City Council by Resolution, and as amended herein Section 3 Cost and Method of Assessment The estimated cost of the street and mall improvements is the amount of $700, 000, which includes the estimated contract cost together with engineering and administrative expense No contract for improvements shall be let for any amount exceeding by more than five percent (5%) the amount of the estimate of the City Engineer for the actual cost of the improvements unless the Council shall find and determine that the public interest requires the making or acquisition of the improvement or any part thereof as such higher cost and orders that the City at large pay such excess cost The total cost shall be assessed against the property in the District in the manner set forth in Exhibit B attached hereto and in accordance with the provisions of Chapter 16 of the Code of the City of Fort Collins The improvements which are acquired, constructed or installed as part of the Downtown Improvement District No 1 shall not duplicate or interfere with the improvements which are planned and will be included within the general improve- ment district, to be created concurrently with this District, but rather it is intended that the improvements authorized by this ordinance and the ordinance creating the general improvement district are part of the overall downtown improve- ment project Section 4 Improvements Ordered 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 real estate to be assessed or any persons interested, and the City Council further -2- finds that all requirements of the ordinances of the City of Fort Collins concerning 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 and as amended herein, be and they hereby are ordered to be constructed Section 5 Advertisements for Construction Bids Upon the effective date of this ordinance, the Mayo' , s hereby authorized and empowered to advertise for bids _ur' �-he construction of the improvements in accordance witn the map, plans and specifications heretofore adopted, which advertise- ment shall be published twice in an official newspaper published in the City The publications shall be at least a week apart, and the date for opening of bids shall not be less than ten (10) days after first publication, and bids received pursuant to said advertisement shall be submitted to the Council for approval or rejection Advertisements for bids shall comply with the requirements and be in accor- dance with the provisions of Chapter 16 of the Code of the City of Fort Collins Section 6 Special Improvement Bonds By virtue of and pursuant to the Charter and Chapter 16 of the Code of the City of Fort Collins, and the laws of the State of Colorado, the City shall issue local improvement bonds for the purpose of paying all or such portion of the cost of the improvements as may be assessed against the property specially benefited The bonds shall be issued upon estimates of the City Engineer and approved by the City Council, and shall be authorized by an ordinance to be considered and adopted at a later date The bonds and the interest thereon shall be payable out of special assessments to be levied against the real property included within the District and specially benefited by the improvements to be constructed and installed Section 7 Assessments 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 above shall be assessed upon the real property in the District, all as hereinbefore set forth 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 -3- l� 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 special assessment district as soon as possible, in order that the District can undertake the procedure preliminary to the construction of the pro3ect 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 become effective upon its passage Introduced and finally passed and adopted this 26th day of October, A.D 1976 h r ATTES Myor City Clerk �r -4- f i SFr` 1 t EXHIBIT A r Ordinance No 76, 1976 Downtown Improvement District No 1 The description of property specially benefited by the improvements to be constructed and installed within the District and to be assessed for the costs incurred in making the improvements is as follows � All property hereafter described in Zones 1, 2 and 3, to-wit 4 t i v t F t b i S {1{ L l fit({FrF F t Description of Zone 1 )kg in at the intersection of LaPorte Avenue and the no-'th-south alley of Block 21 bounded by LaPorte Avenue, C� lege Avenue, Mountain Avenue and Mason Street, F oceed east to the intersection of LaPorte Avenue and College Avenue, turn southeast on Walnut and proceed to the intersection of Walnut and the north-south alley in Block 18 bounded by Walnut Street, Linden Street and College Avenue, turn south into said alley and proceed to the intersection of the alley and Trimble Court, turn west on Trimble Court and proceed to a point in line with the eastern property line of the property known as the Avery Block (30 feet east of the west line of said block) ; turn south following such eastern property lane to the common line between Lot 6 and Lots 7 and J in said Block 18, turning in a southeasterly direction and following said common line, proceed to a - pant where an extension of said line intersects the centerline of Linden Street, turn southwest on Linden Street to the intersection of Linden Street and Mountain A,,2nue and continuing along said line proceed to a pot.nt which is north of a point 80 feet east of the northwest corner of Lot 7 in Block 121, proceed south to said point and continue south across Lots 71 8 and 9 of Block 121, turn west and proceed along the north line of Lot 10 in Block 121 five feet, turn south and proceed along a line which is 75 feet east of the west line of Block 121 to the north line of Lot 12 in Block 121, turn east and proceed along the north line of Lot 11 in Block 121 to the centerline of the north-south alley in Block 121, turn south along said alley and continue south through Block 121 and 122 to me inter- section with the centerline of Olive Street, turn west on Olive Street and proceed to the north-south alley of Block 112 bounded by Oak Street, College Avenue, Olive Street and Mason Street, turn north on said alley, cross Oak Street and continue northward to the inter- section of said alley with the east-west alley in Block Ill bounded by Mountain Avenue, College Avenue, Oak Street and Mason Street, turn east on said east-west alley to the intersection with the north-south alley also in said Block 111; turn north and continue across Mountain Avenue to the east-west alley of Block 21 bounded by LaPorte Avenue, College Avenue, Mountain Avenue and Mason Street, turn west and proceed to the intersection of the cast-west alley and the north-south alley in said Block 21, turn north and proceed to the point of origin at the intersection of the north-south alley in Block 21 and LaPorte Avenue. This zone contains the following described property, to-wit: Lots 1 through 23, inclusive, in Block 21, Lots 1 th.-rough 16, inclusive, in Block 111, Lots 1 through 16, inclusive, in Bloc]. 112, Lots 9 through 24, inclusive, in Bloc, 122, Lots 11 through 22, inclusive, and the West 75 feet of Lot 10 and the West 80 feet of Lots 7, 8 and 9 of said Block 121, Lots 9 through 22, inclusive, and Lots A, B, C, D, E, F, C, II, I, J and Z of Bloch 18, also that part of Lot 6 in Block 18 lying west of a line parallel to the west line of said block and 30 foot easterly thereof; all in the City of Fort Collins according to the map of said town dated January 16, 1873, and recorded January 181 1873, with the Larimer County Clerk and Recorder. Description of Zone 2- All property within the following described property Beginning at the intersection of walnut Street and Linden Street and proceeding southerly to a point which is the intersection of the west line of Lot 13 in Block 19 in the City of Fort Collins and the right-of-way 2�-e of Linden Street, and proceed southerly along the west line of said Lot 13 and an extension of said line southerly to the centerline of Magnolia Street, turn west and proceed to the intersection of Magnolia Street and Mason Street, turn north and proceed to the inter- section of Mason Street and LaPorte Avenue, turn east and proceed to the intersection of Walnut Street, Pine Street, College Avenue and LaPorte Avenue, turn south- easterly and proceed along Walnut Street to the point of beginning, except any portion thereof previously described as being within Zone 1. This zone contains the following described property, to-wit Lots 7 and 8, and Lots 23 through 30, inclusive, in Block 18, also all of Lot 6 in said Block 18 except that portion lying west of a line which is parallel to and 30 foot easterly of the west line of said Block 18, . 1 w , M Lots 14 through 17, inclusive, in Block 19, Lots 1 through G, inclusive, and Lots 23 through 32, inclusive, in Block 121, also the East 60 foot of Lots 7, 8 and 9 and the East 65 feet of Lot 10, in said Block 121, Lots 1 through 8, , inclu5ivc, Block 122, all of Block 123; all of Block 113, Lots 17 through 24, inclusive, Block 112, Lots 17 through 35, inclusive, Bloch 111, Lots 24 through 490 inclusive, Block 21; all in the City of fort Collins according to the map of said town dated January 16, 1873, and recorded January 18, 1873, with thv Larimer County Clerk and Recorder. Vescription of Zone 3- Property bounded within the following perimeter, to- wit Commence at the intersection of Pane Street and Jcfferson Street and proceed in a southeasterly direction a'o, Y Jefferson Street to a point which as an extension of the common lane between Lots 13 and 15 an Bloc} 13 in the City, thence turn southeesterly and proceed along said line and the extension of said lane south- westerly to Walnut Street, thence turn southeasterly and proceed along Walnut Street to the intersection of Walnut Street with Mountain Avenue and Mathews Street; turn south and proceed on Mathews Street to the inter- section with the east-west alley in Block 131 bounded by iiounta.n Avenue, Mathews Street, Oak Street and Remington Street, turn west and proceed to the inter- section of the north-south alley in said Block 131, turn south and proceed along said alley continuing through Blocks 132, 133 and 134 to the intersection of said alley with Mulberry Street, turn west and proceed to the intersection of Mulberry Street and Mason Street; turn north and proceed to the intersection of D,ason Street and Magnolia Street, turn west and proceed to V e intersection of Magnolia Street with Howes Street, t rn north and proceed to the intersection of Howes Street with LaPorte Avenue, turn east and proceed to the intersection of Laporte Avenue with Mason Street, turn north and proceed to the intersection of Mason Street with Maple Street, turn east and proceed to the intersection of Mason Street, College Avenue and Jefferson Street; turn southeasterly and proceed on Jefferson Street to the point of beginning, except that portaon thereof previously described as being within Zones 1 or 2. This zone contains the following described property, to-wit. All of Block 19 except Lots 14 through 17, inclusive, Lots 1 through 22, inclusive, of Block 131 Lots 9 through 16, inclusive, of Block 132, the West 1/2 of BlocY 133, Lots 9 through 16, inclusive, of Block 134, all of Blocs 124, 1141 103, 102, 101, 31, 22, and 14 , and Lots 15 and 16 of Block 13; all in the City of Fort Collins according to the map of said town dated January 160 1873, and recorded January 18, 1873, with the Larimer County Clerk and Recorder. EXHIBIT B Ordinance No 76, 1976 Downtown Improvement District No 1 The description of improvements and the method of assessment k is as follows Improvements designated to improve the visual appearance of streets and other public ways within the district and to , make such streets and other public ways better accommodate pedestrian and vehicular traffic, such improvements including construction and reconstruction of sidewalks, curbs, gutters, and streets, installation of planters and landscaping, p installation of benches in the sidewalk areas, installation r of plazas, signalization for traffic, and other allied improvements, the improvements to be lcoated on streets � within the district and principally upon College Avenue from n the vicinity of Magnolia Street to the vicinity of LaPorte Avenue and extending along intersecting streets and Linden Street The cost of making the improvements in the district shall be assessed against the assessable property in the r district as follows } The property within the district shall be classified into three zones to be designated as Zones 1, 2 and 3 The property comprising each zone is described on Exhibit A attached hereto and by this reference made a part hereof The assessments to be made shall be made 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 a� of streets and alleys except that the area of each parcel of real estate shall be adjusted based upon the zone in which 4 each parcel is located in accordance with the following ZONE FACTOR BY WHICH AREA t IS TO BE MULTIPLIED 1 1 00 2 0 40 0 10 f The total adjusted area of the various parcels in the district shall be considered as the total area of the district y for the purpose of making assessments and each parcel shall be assessed on the basis of its adjusted area