HomeMy WebLinkAbout1986-150-09/16/1986-CUNNINGHAM CORNER SID NO. 82 RESOLUTION 86- 150
OF THE COUNCIL OF THE CITY OF FORT COLLINS,
COLORADO ACCEPTING THE IMPROVEMENTS IN THE CUNNINGHAM
CORNER SPECIAL IMPROVEMENT DISTRICT NO. 82, ADOPTING THE
STATEMENT OF THE ACTING 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 . 84-82
and Resolution No . 84-83 of the City of Fort Collins, Colorado
(the "City" ) and Ordinance No. 65 , 1984 of the City creating the
Cunningham Corner Special Improvement District No. 82 of the City
( the " District " ) for the acquisition , construction , and
installation of street , curb , gutter , sidewalk , water line ,
sanitary sewer line and storm drainage 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 Acting Director of Finance, in accordance with
{ 16-17 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 {16-18 of the
code and in substantially the form set forth on Exhibit "A"
attached hereto and by this reference made a party 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 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 Acting 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 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 this 16th day of September , 1986 .
Mayor
ATTEST:
�` .
City Clerk
NOTICE
TO : The property owner ( s ) in the Cunningham Corner Special
Improvement District No . 82 , ( 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 the Cunningham Corner Special Improvement District No .
82 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 if made in
installments at the time such assessment is due ) is
$1 , 494 , 371 . 15 , that the portion of the costs of the Improvements
in the District to be paid by the City and not by special
assessments is $247 , 976 . 86 , that the balance of the total cost in
the District to be assessed against property in the District is
$1 , 246 , 394 . 29 , 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
such 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 such 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 between such owner ( s ) and the City , on file in the
office of the City Clerk.
DATED at Fort Collins , Colorado this _ day of _
19
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. )