HomeMy WebLinkAbout1983-159-10/04/1983-A RESOLUTION CONCERNING A PROPOSED LOCAL IMPROVEMENT DISTRICT TO BE KNOWN AND IDENTIFIED AS 'CITY OF RESOLUTION NO. 83-159
A RESOLUTION CONCERNING A PROPOSED LOCAL
IMPROVEMENT DISTRICT TO BE KNOWN AND IDENTIFIED
AS "CITY OF FORT COLLINS, COLORADO, FAIRBROOKE
SPECIAL IMPROVEMENT DISTRICT NO. 79" INITIATED
BY RESOLUTION NO . 83-158 ADOPTED THIS
OCTOBER 4 , 1983 , APPROVING AND ADOPTING THEREFOR
THE PRELIMINARY PLANS AND SPECIFICATIONS, THE
ESTIMATE OF THE PROBABLE TOTAL COST AND THE MAP
OF THE DISTRICT, PRESCRIBING A NUMBER OF DETAILS
CONCERNING THE DISTRICT, THE STREET, WATER, SAN-
ITARY SEWER AND DRAINAGE IMPROVEMENTS THEREIN
AND THE ASSESSMENTS TO BE LEVIED THEREFOR,
FIXING THE TIME AND PLACE FOR A HEARING ON THE
STREET, WATER, SANITARY SEWER AND DRAINAGE
IMPROVEMENTS, AND DECLARING AN EFFECTIVE DATE OF
THE RESOLUTION.
WHEREAS, the City of Fort Collins (the "City") , in the
County of Larimer and State of Colorado (the "State") , is a municipal
corporation duly organized and existing as a home-rule city under
Article XX of the State Constitution and the Charter of the City (the
"Charter") , and
WHEREAS, the City Council (the "Council") of the City began
proceedings to acquire, construct and install certain street, water,
sanitary sewer and drainage improvements in the proposed City of
Fort Collins, Colorado, Fairbrooke Special Improvement District
No. 79 (the "District") , in the City, by the acceptance of the peti-
tion of Wheeler Realty Company (the "Company") , the sole property
owner in the District, and the adoption of a resolution on the 4th
day of October, 1983 , which stated the nature and location of the
improvements to be made and directed the Director of Public Works to
prepare and present to the Council preliminary plans and specifica-
tions of such improvements, to make an estimate of the probable total
cost thereof and to prepare a map of and other documents relating to
the District, and
WHEREAS, the Council thereby determined, and does hereby
determine, that the local improvement district herein described, as
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such might hereafter be modified, shall be designated as the "City of
Fort Collins , Colorado, Fairbrooke Special Improvement District
No. 79", and
WHEREAS, pursuant to said resolution, the Director of
Public Works prepared, filed with the City Clerk and presented to the
Council on this 4th day of October, 1983, such preliminary plans and
specifications, estimate of probable total cost, map and other docu-
ments relating to the District, and
WHEREAS, the Council has examined such preliminary plans,
estimate of cost, map and other instruments, and has found, and does
hereby declare, the same to be satisfactory in all respects, and
WHEREAS, the Company has waived certain requirements of
Chapter 16 of the Code of the City of Fort Collins, as authorized
pursuant to Section 16-38 of the Code.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF FORT COLLINS
SECTION 1 . All action (not inconsistent with the provi-
sions of this resolution) heretofore taken by the officers of the
City directed toward making certain local street, water, sanitary
sewer and drainage improvements herein described, and the creation of
the District, is hereby ratified, approved and confirmed.
Section 2. The preliminary plans and specifications, the
estimate of the probable total cost, the map of the District and
other documents relating thereto as prepared by the Director of
Public Works and heretofore filed with the City Clerk and presented
to the Council on this October 4 , 1983, are hereby accepted, approved
and adopted.
Section 3 Except as shown on the preliminary plans and
specifications now on file in the office of the City Clerk and in the
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office of the Director of Public Works, the location and the nature
of the street, water, sanitary sewer and drainage improvements to be
assessed against the several tracts or parcels of land within the
District shall be more particularly as follows
SIRE .T D S -RTPTTONS AND NA TTR . OF TMPROV .ME.NTS
(1) HAMPSHIRE ROAD from the intersection of Hampshire
Road and Prospect Road, south to the northern end of the
existing Hampshire Road, a distance of approximately 1 ,100
feet ( total roadway 50 feet in width, flowline to
flowline)
(2) CEDARWOOD DRIVE from the intersection of Cedarwood
Drive and Hampshire Road, west and northwest to the inter-
section of Cedarwood Drive and Prospect Road, a distance of
approximately 2 ,360 feet (total roadway 36 feet in width,
flowline to flowline)
(3) SOMERVILLE DRIVE from the intersection of Somerville
Drive, and Cedarwood Drive, southwest and south to the
northern boundary line of the Aspen Heights PUD, approxi-
mately 1 ,075 feet (total roadway 36 feet in width, flowline
to flowline) .
(4) PROSPECT ROAD from the intersection of Prospect Road
and Cedarwood Drive, west, a distance of approximately 890
feet
The contemplated acquisition, construction and installation
of the improvements in the District shall include (1) the removal of
any obstacles, excavation, draining, grading and shaping, and embank-
ment, (2) paving consisting of an eight inch compacted base course
and a three inch hot asphaltic concrete pavement, a total of approxi-
mately 6 ,111 square yards on Hampshire Road and a combined total of
approximately 12,213 square yards on Cedarwood Drive and Somerville
Drive, (3) the installation of sidewalks, concrete, rollover curbs
and gutters on both sides of Hampshire Road, Cedarwood Drive and
Somerville Drive, (4) the installation of a 12 inch water line in
Prospect Road and six inch water lines, plus appurtenances, in
Hampshire Road, Cedarwood Drive and Somerville Drive, (5) the
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installation of eight inch sanitary sewer collection lines, plus
appurtenances, in Hampshire Road, Cedarwood Drive and Somerville
Drive, (6) the placement of culverts and the construction of a deten-
tion pond at the locations shown in the plans and specifications on
file in the office of the City Clerk, and (7) all appurtenances inci-
dental to the foregoing improvements.
Section 4 . The estimated total cost of the street, water,
sanitary sewer and drainage improvements in the District including,
without limitation, the cost of planning, constructing or otherwise
acquiring the improvements, engineering, legal and advertising costs,
interest on the bonds to be issued for a period of three years after
the date of the bonds and other costs to the District, as shown by
the estimate of probable total cost (and probable cost per square
foot) , as made by the Director of Public Works, is $1 .597.549 The
estimated amount or proportion of the total cost to be paid by other
than special assessments is S 195,049 The balance of the total
cost in the District (i.e. , $ 1,402,500 ) , upon the completion of the
improvements, shall be apportioned in an assessment roll against each
tract or parcel of land to be assessed, the assessments to be levied
by an assessing ordinance. Such assessments shall be a lien until
paid in the several amounts assessed against each such tract or
parcel of land.
The costs of acquiring, constructing or otherwise install-
ing the improvements in the District shall be assessed against those
tracts or parcels of land owned by the Company and as set forth on
Exhibit A hereto, on an area basis. Each assessment, in proportion
to the benefits against the property specially benefited, shall be
sufficient to cover the pro rata portion of the total cost of the
improvements to be defrayed by special assessments After any tract
or parcel listed on Exhibit A hereto is subdivided into lots, the
assessment against such tract or parcel shall be reallocated, so that
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the assessment against each such subdivided lot shall bear the same
ratio to the original assessment against such tract or parcel as the
number of square feet of land in such subdivided lot bears to the
number of square feet of sellable land in such tract or parcel as so
subdivided. Upon the sale of any such subdivided lot, unless the
purchaser or purchasers of such subdivided lot shall consent in writ-
ing to the assumption of the reallocated assessment against such sub-
divided lot, the entire unpaid principal of such reallocated assess-
ment against such lot 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 has
been capitalized through such date) shall be immediately due and
payable
Section 5 . The street, water , sanitary sewer and drainage
improvements shall be made as authorized by ordinance following the
hearing hereinbelow provided
Section 6. The assessments to be levied for the improve-
ments shall be due and payable within thirty (30) days from and after
the final publication of the ordinance assessing the costs of the
improvements against the real property in the District In the event
any owner of real estate shall fail to pay the whole of such assess-
ment against his property withih said thirty (30) days, the balance
of the cost of the improvements so assessed against his property
shall be payable in seven (7) annual installments of principal, with
the first such installment due on December 1, 1986, as shall be pro-
vided and determined in and by the assessing ordinance, with the
remainder of the annual installments of principal due and payable
successively on the same date in each year thereafter until all are
paid in full Interest on the unpaid installments shall accrue from
December 1 , 1985 , and shall be at the same rate as the highest
interest rate payable on special assessment bonds to be issued by the
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City for the District, which interest rate shall not exceed thirteen
percent (13%) per annum, payable on December 1 , 1986 and annually
thereafter, as shall be provided and determined in and by the assess-
ing ordinance
Section 7. Notice of hearing pursuant to Chapter 16 of
the Code having been waived by the affected property owners in the
District, October 18, 1983 , at the hour of 5 30 p m , in the Council
Chambers , New City Sall, 300 West LaPorte Avenue, Fort Collins,
Colorado, is hereby fixed as the time and place for a hearing at
which the owners of any real estate to be assessed or any other
person interested herein may appear before the Council and be heard
as to the propriety and advisability of acquiring the street, water,
sanitary sewer and drainage improvements
Section 8. The officers of the City be, and they hereby
are, authorized and directed to take all action necessary or appro-
priate to effectuate the provisions of this resolution
Section 9 . All resolutions or parts thereof in conflict
with this resolution are hereby repealed This repealer shall not be
construed to revive any order, bylaw or resolution, or part thereof,
heretofore repealed.
Section 10 . If any section, paragraph, clause or other
provision of this resolution is for any reason held to be invalid or
unenforceable, the invalidity or unenforceability of such section,
paragraph, clause or other provision shall not affect the validity of
the remaining provisions of this resolution.
Section 11. This resolution shall be in full force and
effect after its passage
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PASSED AND ADOPTED THIS 4th day of October, 1983 .
(SEAL) May
Attest
City tlekl
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