HomeMy WebLinkAbout1986-005-01/07/1986-LEMAY HARMONY SID NO. 78 PHASE I STATEMENT OF COST RESOLUTION 86- 5 _
OF THE COUNCIL OF THE CITY OF FORT COLLINS ,
COLORADO ACCEPTING THE IMPROVEMENTS IN PHASE I OF
THE LEMAY/HARMONY SPECIAL IMPROVEMENT DISTRICT NO. 78,
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 . 83-115
and Resolution No. 83-116 of the City of Fort Collins, Colorado
( the "City" ) and Ordinance No . 86, 1983 of the City creating the
Lemay/Harmony Special Improvement District No. 78 of the City ( the
"District" ) for the aquisition , construction , and installation of
street , 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 Phase I
Improvements has been completed and the Council now desires to
accept said Improvements; and
WHEREAS, the Director of Finance , in accordance with S16-17
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 Phase I of 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
S16-18 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
City Engineer to the City Council as fully acquired , constructed ,
and installed in Phase I of the District be, and they hereby are accepted
and approved by the Council .
2. That the statement of cost and the assessment roll of Phase I 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 18th day of February, 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 this 7th day of January , 1986.
Ff yor
ATTEST:
14X . z
City Clerk
EXHIBIT "A"
NOTICE
TO: The property owner(s) in Phase I of Lemay/Harmony Special
Improvement District No . 78, ( 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 Phase I of Lemay/Harmony Special Improvement District
No . 78, 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 Phase I
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 $ 1 952 , 000 . 00 , that the portion of the
costs of the Improvements inhe Dis rt ict to be paid by the City
and not by special assessments is $ 67 ,000 . , that the
balance of the total cost in the District to die assessed against
property in the District is $ 1 ,885, 000. 00, 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 February 18, 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 1.6 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 i day of
19
(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
hearinq. 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. )