HomeMy WebLinkAbout1989-100-05/02/1989-ACCEPTING THE IMPROVEMENTS IN THE ARBOR PLAZA SID NO. 88 ADOPTING THE STATEMENT OF FINANCIAL OFFICER RESOLUTION 89-100
OF THE COUNCIL OF THE CITY OF FORT COLLINS,
COLORADO ACCEPTING THE IMPROVEMENTS IN THE ARBOR PLAZA
SPECIAL IMPROVEMENT DISTRICT NO. 88, ADOPTING THE
STATEMENT OF THE FINANCIAL OFFICER AND THE DIRECTOR OF ENGINEERING
SHOWING THE COST OF THE IMPROVEMENTS IN SAID DISTRICT AND THE
ASSESSMENT ROLL PREPARED BY THE DIRECTOR OF FINANCE
IN CONNECTION THEREWITH, ALL IN ACCORDANCE WITH THE
ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO
WHEREAS, the Council of the City of Fort Collins, Colorado, (the
"Council ") has heretofore duly adopted Resolution 86-113 and Resolution
86-114 of the City of Fort Collins, Colorado (the "City") and Ordinance No.
97, 1986 of the City creating the Arbor Plaza Special Improvement District
No. 88 of the City (the "District") for the acquisition, construction, and
installation of street, curb and gutter, water line, storm drainage,
sanitary sewer line and landscaping improvements (the "Improvements") in
the City; and
WHEREAS, the City Engineer has certified to the Council that the
acquisition, construction, and installation of the Improvements has been
completed and the Council now desires to accept said Improvements; and
WHEREAS, the Director of Engineering and the Financial Officer, in
accordance with §22-85 of the Code of the City (the "Code") have prepared a
statement showing the total cost of the District and an assessment roll
showing the owners of the property to be assessed, describing said property
and stating the amount of the assessment on each property, said statement
of cost and assessment roll being on file with the City Clerk of the City
(the "City Clerk") and incorporated herein by reference; and
WHEREAS, the Council desires to receive and accept said statement of
cost and assessment roll relating to the District and, upon such
acceptance, to order the City Clerk to notify the owners of the property to
be assessed and all persons interested generally, in accordance with the
requirements of §22-88 of the Code and in substantially the form set forth
on Exhibit "A" attached hereto and by this reference made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, as follows:
1. That those Improvements heretofore certified by the Director of
Engineering to the City Council as fully acquired, constructed, and
installed be, and they hereby are accepted and approved by the Council .
2. That the statement of cost and the assessment roll of the District
prepared by the Director of Engineering and the Financial Officer are
hereby accepted and approved.
3. That the City Clerk shall , by publication and mailing of a notice
in accordance with §22-88 of the Code, notify the owners of property to be
assessed and all persons interested generally that the Improvements have
been completed and accepted, said notice to be in substantially the form
set forth on Exhibit "A".
4. That on the 20th day of June, 1989 at the hour of 6:30 p.m. or as
soon thereafter as the matter may come on for hearing, in the Council
Chambers of the Municipal Building, City of Fort Collins, Colorado, the
Council will consider the ordering by ordinance of assessments for the
total cost of the District and hear all complaints and objections by the
owners or any interested persons that may be made and filed in writing
concerning the proposed assessments.
5. That the Council hereby finds and determines that at the time of
formation of the District by the Council , the District property owners
expressly waived, in writing, notice and other provisions to which they
would otherwise be entitled pursuant to Chapter 22 of the Code.
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins this 2nd day of May, 1989.
Mayor
ATTEST-
City
!.
Clerk
EXHIBIT A
NOTICE
TO: The property owners in the Arbor Plaza Special Improvement District
No. 88, (the "District") and all persons interested generally in the
completion and acceptance of the improvements in the District, (the
"Improvements") the total cost thereof, the portion thereof to be paid
by the City of Fort Collins, Colorado (the "City") , the assessments to
be made on property within the District to pay the cost of the
Improvements, and the date of hearing on any objections or complaints
that may be made in writing by the owners of such property.
Notice is hereby given to the owners of all property to be assessed in
the Arbor Plaza Special Improvement District No. 88, and to all persons
interested generally that the Improvements in the District have been
completed and accepted.
Notice is further given that the total cost of the District, including
final construction costs; engineering and construction management costs;
acquisition costs of existing improvements and rights of way; interest
accruing on bonds issued for the District; and legal fees, publication,
administration, financing and other incidentals incurred in connection with
the total cost of the District (but excluding the 2% cost of collection
which will be added to the assessment at the time such assessment is due)
is $1,028, 158.23; that the portion of the total cost of the District to be
paid by the City and not by special assessments is $126,789.12; that the
total District cost is $901,369.11; and that the cost in the District to be
assessed against property in the District is $812,605.72; that the
assessment roll showing the share apportioned to each lot or tract of land
in the District is on file in the office of the City Clerk and can be seen
and examined at any time during normal business hours; that any complaints
or objections which may be made in writing by such owner or owners to the
City Council of the City (the "Council ") and filed in the Office of the
City Clerk within thirty (30) days from the publication of this notice,
will be heard and determined by the Council before the passage of any
ordinance assessing the costs of the District; and that on June 20, 1989,
at the hour of 6:30 p.m. or as soon thereafter as the matter may come on
for hearing in the Council Chambers of the Municipal Building, City of Fort
Collins, Colorado, the Council will hear such complaints and objections and
determine the same and act upon an ordinance assessing the total cost of
the District to be assessed.
The owner of 100% of the property included in the District at the time
of its creation by the City waived certain provisions of Chapter 22 of the
City Code including, but not limited to, provisions relating to notice and
hearing, the maximum amount of the total cost of the District and
limitations on District assessments and further consented to inclusion in
the District, the construction of the Improvements therein, the financing
of the Improvements and the levying of assessments therefor against
District properties, all in accordance with the District petitions
submitted by such property owner and the Master Agreement between such
owner and the City, on file in the office of the City Clerk.
DATED at Fort Collins, Colorado this 14th day of May, 1989.
City Clerk