HomeMy WebLinkAbout2001-071-05/15/2001-APPROVING THE PRELIMINARY REPORT, ETC. FOR HARMONY HALF ACRES SPECIAL IMPROVEMENT DISTRICT NO. 92 RESOLUTION 2001-71
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE PRELIMINARY
REPORT OF THE DIRECTOR OF COMMUNITY PLANNING AND ENVIRONMENTAL
SERVICES FOR HARMONY HALF ACRES SPECIAL IMPROVEMENT DISTRICT NO. 92,
DETERMINING THE NUMBER OF ANNUAL INSTALLMENTS,THE INTEREST RATE TO
BE CHARGED ON UNPAID INSTALLMENTS, THE PROPERTY TO BE ASSESSED FOR
THE IMPROVEMENTS, THE ASSESSMENT METHOD AND THE DATE WHEN THE
COUNCIL WILL HOLD A HEARING AND CONSIDER THE ORDERING BY ORDINANCE
OF THE PROPOSED IMPROVEMENTS
WHEREAS, Chapter 22, Article III of the City Code empowers the City of Fort Collins,
Colorado (the "City") to establish special improvement districts, and sets forth procedures and
requirements for forming and organizing special improvement districts and providing for the
improvements to be constructed thereby and for the assessment of costs associated with those
improvements; and
WHEREAS,heretofore the City Council(the"Council")of the City began proceedings to
establish Harmony Half Acres Special Improvement District No. 92 (the 'District") by the
acceptance of the Petitions of affected property owners in the area (the 'Petitioners") through its
adoption of Resolution 2000-14,on February 6,2001, which directed the Director of Community
Planning and Environmental Services to prepare and present to the Council preliminary plans and
specifications for the proposed District improvements, an estimate of the probable total cost of
those improvements, and a map of the District; and
WHEREAS, the Director of Community Planning and Environmental Services,pursuant
to Resolution 2001-14,has made his report and has presented the details and specifications for the
proposed District to the Council on the 15th day of May, 2001 (the "Report"); and
WHEREAS, the Council has examined such plans, estimate of costs, maps and other
documents, and has found and does hereby find the same to be sufficient; and
WHEREAS, the Council desires to proceed with the process for the formation of the
District.
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Report, including the plans and specifications, map and estimate
of the probable total cost as prepared by the Director of Community Planning and Environmental
Services and heretofore filed with the City Clerk and presented to the Council on this 15th day of
May, 2001, for the District, are hereby accepted, approved, and adopted.
Section 2. That the nature and location of the District improvements (the
"Improvements")to be assessed against property in the District shall be as set forth in the Petitions,
Resolution No. 2001-14, and the Report.
Section 3. That the estimated total cost of the Improvements in the District, including
without limitation the cost of acquiring,planning,engineering,and constructing the Improvements
(but excluding legal and advertising costs, interest during construction and until assessments are
made by ordinance against the properties benefitted,financing costs, and other incidental costs to
the District), as shown by the estimate of probable total cost,made by the Director of Community
Planning and Environmental Services,is One Hundred Sixty-Five Thousand Five Hundred Ninety-
Three Dollars ($165,593).
Section 4. That the property to be assessed in the District(the"Property")shall include
the following:
All of the property located within the plat of Harmony Half Acres, a plat of record
with the Clerk and Recorder of Larimer County, located in the Southeast Quarter
of Section 31,Township 7 North,Range 68 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, excluding Lot 20 and Lot 21.
Section 5. That the total actual cost to the District, upon the completion of the
Improvements, shall be apportioned in an assessment roll against each lot, tract, or parcel of land
to be assessed, which assessment roll shall include the cost of the Improvements together with
additional assessments for legal and advertising costs, interest during construction and until
assessments are made by ordinance against the properties benefitted, financing costs, and other
incidental costs to the District. Assessments shall be levied by an assessing ordinance. Such
assessments shall be a lien until paid in the several amounts assessed against each lot, tract or
parcel of land. The cost of the Improvements, together with all costs incurred in formation and
financing of the District, shall be assessed in equal amounts against all lots, tracts or parcels of
lands in the District,irrespective of the size of each such lot,tract or parcel,or the amount of street
footage adjacent to the same. The total of all aggregated assessments shall be sufficient to cover
the portion of the total costs of the District to be defrayed by such special assessments.
Section 6. If any such lot, tract or parcel is divided into smaller parcels or other
property interests, the assessment against such lot, tract or parcel shall be reallocated, so that the
assessment against each such smaller parcel or other property interest shall bear the same ratio to
the original assessment against such lot, tract or parcel as the size of such smaller parcel or other
property interest bears to the original size of the lot, tract or parcel. The entire unpaid principal of
such assessment or reallocated assessment, as the case may be, together with interest accruing
thereon to the next assessment interest payment date,except to the extent that interest on the bonds
to be issued by the City for the District have been capitalized through such date, shall be
immediately due and payable by the seller or transferor thereof prior to the sale or transfer of any
such lot, tract or parcel, or portion thereof, if such lot, tract or parcel shall have been divided as
aforesaid,unless the purchaser or transferee thereof shall acknowledge,in writing,receipt of notice
that the seller or transferor is not paying such assessment or reallocated assessment in full prior to
such sale or transfer and that such assessment or reallocated assessment against such lot, tract or
parcel, or portion thereof, as the case may be, shall continue to be a lien thereon.
Section 7. Said assessments shall be payable in not more than fifteen(15)equal annual
installments with the interest on the unpaid installments to be the same as the interest rate payable
on the bonds which interest rate shall not exceed twelve percent (12%) per annum.
Section 8. That on the 19th day of June, 2001, at the hour of 6:00 p.m. or as soon
thereafter as the matter may be heard in the Council Chambers of the City Hall of the City of Fort
Collins at 300 LaPorte Avenue in Fort Collins, Colorado, the Council will consider the ordering
by ordinance of the proposed improvements and hear all complaints and objections that may be
made and filed in writing concerning the proposed Improvements by the owners of any real estate
to be assessed and any other interested persons.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held
this 15th day of May, A.D. 2001.
Mayor
ATTEST:
City Clerk