HomeMy WebLinkAbout1986-007-01/07/1986-COST OF IMPROVEMENTS FAIRBROOKE SID NO. 79 RESOLUTION 86- 7
OF THE COUNCIL OF THE CITY OF-FORT COLLINS,
COLORADO ACCEPTING THE IMPROVEMENTS IN THE FAIRBROOKE
SPECIAL IMPROVEMENT DISTRICT NO. 79, 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 . 83-158
and Resolution No . 83-159 of the City of Fort Collins, Colorado
( the "City" ) and Ordinance No . 130, 1983 of the City creating the
Fairbrooke Special Improvement District No . 79 of the City (the
"District" ) for the aquisition , 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 Improve-
ments 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 (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 relatinq 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 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 be, and they hereby are accepted and approved by the Council .
2. That the statement of cost and the assessment roll of the Oistrict
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 4th day of March, 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 21st day of January, 1986.
Mayor
ATTEST:
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EXHIEIT "A"
NOTICE
TO: The property owner(s) in the Fairbrooke Special Improvement District
No. 79, (the "District" ) and all persons interested generally in the
completion and acceptance of the improvements in the District,
(the "Improvement") 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 Fairbrooke Special Improvement District No. 79 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 $1,496,867.00, that the
portion of the costs of the Improvements in the District to be paid by the
City and not by special assessments is $216,867.00, that the balance of the
total cost in the District to be assessed against property in the District
is $1,280,000.00, 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 such
improvements; and that on March 4, 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 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. )