HomeMy WebLinkAbout1986-146-09/02/1986-HORSETOOTH ROAD SID NO. 83 RESOLUTION 86- 146
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ACCEPTING THE IMPROVEMENTS IN THE HORSETOOTH ROAD
SPECIAL IMPROVEMENT DISTRICT NO. 83, 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
WHEREAS, the Council of the City of Fort Collins ("Council ") has
heretofore duly adopted Resolutions No. 84-94, 84-95, 84-117, and 84-118 of
the City of Fort Collins ("City") and Ordinances No. 73, 74, 75, and 76 of
1984 of the City creating the Horsetooth Road Special Improvement District
No. 83 of the City ("District") for the acquisition, construction, and
installation of street, water line, sanitary sewer line, landscaping and
storm drainage improvements ("Improvements") in the City; and
WHEREAS, the City Engineer has certified to the Council that the
acquisition, construction, and installation of the District Improvements
has been completed and the Council now desires to accept said Improvements;
and
WHEREAS, the Director of Finance, in accordance with §16-17 of the Code
of the City ("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 ("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 §16-18 of the Code and in substantially the form set forth
in 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 City Engineer
to the Council as fully acquired, constructed, and installed in the
District 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 Finance are hereby accepted and approved.
3. That the City Clerk shall , by publication and mailing of a notice
in accordance with §16-18 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 21st day of October, 1986, or as soon thereafter as
notice shall have been duly given, 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 16 of the Code.
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins held this 2nd day of September, A.D. 1986.
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ayor -
ATTEST:
Ida
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City Clerk
-2-
EXHIBIT A
NOTICE
TO: The property owner(s) in Horsetooth Road Special Improvement District
No. 83, (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 owner(s) of such property.
Notice is hereby given to the owner(s) of all property to be assessed
in Horsetooth Road Special Improvement District No. 83, 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 the use of City funds used to pay the cost of
improvements up to July 1, 1986; and legal fees, publication, admin-
istration, 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 $1,2531474.00, that the portion of the costs of the Improvements in the
District to be paid by the City and not by special assessments is $643,016,
that the balance of the total cost in the District to be assessed against
property in the District is $610,458, 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 will be heard and determined by the Council before the passage of
any ordinance assessing the cost of the Improvements; and that on October
21, 1986, 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(s) of 100% of the property included in the District at the
time of its creation by the City waived certain provisions of Chapter 16 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 petition(s)
submitted by such property owner(s) and the Master Agreement among such
owner(s) and the City, on file in the office of the City Clerk.
DATED at Fort Collins, Colorado this day of 1986.
City Clerk
(NOTE: this notice must be published once a week for two successive weeks;
the first publication not to be less than thirty (30) days nor more than
forty-five (45) days from the date set for hearing. In addition, a copy of
this notice is to be mailed to the last known address of each property
owner to be assessed as such owners and addresses are shown in the real
property assessment rolls for general taxes Larimer County, Colorado. )