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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 -11- 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 -12- 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 -13- 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 -14- 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 -15- 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 -16- PASSED AND ADOPTED THIS 4th day of October, 1983 . (SEAL) May Attest City tlekl -17-