HomeMy WebLinkAbout1988-121-08/02/1988-SID NO. 86 SOUTH LEMAY RESOLUTION 88- 121
OF THE COUNCIL OF THE CITY OF FORT COLLINS,
COLORADO ACCEPTING THE IMPROVEMENTS IN THE SOUTH LEMAY
SPECIAL IMPROVEMENT DISTRICT NO. 86 ADOPTING THE
STATEMENT OF THE DIRECTOR OF FINANCE 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 No. 86-10
and Resolution No. 86-9 of the City of Fort Collins , Colorado
(the "City" ) and Ordinance No. 6 , 1986 of the City creating the
South Lemay Special Improvement District No. 86 of the City (the
"District" ) for the acquisition, construction, and installation
of street, curb and gutter , street lighting, 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" ) has prepared a statement showing the whole cost of the
Improvements 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 6th day of September , 1988 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 cost of the Improvements 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 AucwsV 1988.
Yrff—YOT
TTEST:
City Clerk
EXHIBIT A
NOTICE
TO: The property owners in the South Lemay Special Improvement
District No. 86 , (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 South Lemay Special Improvement District No. 86 ,
and to all persons interested generally that the Improvements in
the District have been completed and accepted.
Notice is further given that the entire cost of the
Improvements, 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
Improvements for the District (but excluding the 2% cost of
collection which will be added to the assessment at the time such
assessment is due) is $2, 556 , 715 . 13 , that the portion of the
costs of the Improvements in the District to be paid by the City
and not by special assessments is $571 , 610 . 52, that the total
district cost is $1 , 985 , 104 . 61, and that the cost in the District
to be assessed against property in the District is $1 , 860, 588 . 67,
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 cost of the
Improvements; and that on September 6 , 1988 , 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 cost of the Improvements.
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 cost of the Improvements 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.
1988 .DATED at Fort Collins, Colorado this day of
�A�
City Clerk �