HomeMy WebLinkAbout1985-216-11/19/1985-ACCEPTING THE IMPROVEMENTS IN LANDMARK SPECIAL IMPROVEMENT DISTRICT NO. 80, ADOPTING THE STATEMENT O RESOLUTION 85-216
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ACCEPTING THE IMPROVEMENTS IN THE LANDMARK
SPECIAL IMPROVEMENT DISTRICT NO. 80, 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
WHEREAS, the Council of the City of Fort Collins (the "Council " ) has
heretofore duly adopted Resolution No. 83-160 and Resolution No. 83-161 of
the City of Fort Collins, Colorado (the "City") and Ordinance No. 132, 1983
of the City creating the Landmark Special Improvement District No. 80 of
the City (the "District" ) for the acquisition, construction, and
installation of street, curb, gutter, sidewalk, waterline, 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 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 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 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.
Asia e. ,t
.. �.Cr...:..c:f.st,
4. That on the 7th day of January, 1986 at the hour of 6: 30 p.m. or
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 City Council held this
19th day of November, A.D. 1985.
Nfayor
ATTEST:
y L.1erK
EXHIBIT A
NOTICE
TO: The property owner(s) in the Landmark Special Improvement
District No. 80 , (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 Landmark Special Improvement District No. 80 and to
all persons interested generally that the improvements in the District
have been completed and accepted.
Notice is further qiven 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 Five Hundred
Sixty-Six Thousand Four Hundred Eleven Dollars ($566,411) that the
portion of the costs of the Improvements in the District to be paid by
the City and not by special assessments is Two Hundred Fifty One
Thousand Four Hundred Eleven Dollars ($251 ,411) , that the balance of
the total cost in the District to be assessed against property in the
District is Three Hundred Fifteen Thousand Dollars ($315,000) , 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 January 7, 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 there in, 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)(between) such owner(s) and
the City, on file in the office of the City Clerk.
DATED at Port Collins , Colorado this day of
1985.
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.)