Loading...
HomeMy WebLinkAbout1983-158-10/04/1983-A RESOLUTION CONCERNING A PROPOSED LOCAL IMPROVEMENT DISTRICT TO BE KNOWN AND IDENTIFIED AS 'CITY OF RESOLUTION NO 83-158 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", ACCEPTING THE PETITION OF THE SOLE PROPERTY OWNER IN THE DISTRICT, DECLARING THE NECESSITY OF THE STREET, WATER, SANITARY SEWER AND DRAINAGE IMPROVEMENTS, DETERMINING THE DESIGNATION OF THE DISTRICT AND THE COMBINATION OF IMPROVEMENTS THEREIN, STATING THE NATURE AND LOCATION OF THE STREET, WATER, SANITARY SEWER AND DRAINAGE IMPROVEMENTS TO BE MADE, DIRECTING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND PRESENT TO THE CITY COUNCIL PRELIMI- NARY PLANS AND SPECIFICATIONS OF SUCH STREET, WATER, SANITARY SEWER AND DRAINAGE IMPROVEMENTS, AN ESTIMATE OF COST AND A MAP OF THE DISTRICT TO BE ASSESSED, PRESCRIBING OTHER DETAILS AND PRO- VISIONS CONCERNING SAID IMPROVEMENTS AND DIS- TR rCT, 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, pursuant to the Charter and to the laws of the State, the City Council (the "Council") adopted Ordinance No 32 , 1961, on November 22 , 1961 , now cited, as amended, as Chapter 16 of the Code of the City of Fort Collins (the "Code") , and WHEREAS, pursuant to S16-5 of the Code, the City has received a petition from Wheeler Realty Company (the "Company") , sole property owner in the proposed City of Fort Collins, Colorado, Fairbrooke Special Improvement District No 79 (the "District") , a copy of which petition is attached hereto as Exhibit A, requesting the initiation of proceedings for the creation of the District for the purpose of acquiring, constructing and installing certain street, water, sanitary sewer and drainage improvements , and -3- WHEREAS, the City Council (the "Council") has received the Company' s petition, accepts the same and desires to initiate proceed- ings for the formation of the District NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS. Section 1. It is hereby declared that the street, water, sanitary sewer and drainage improvements, as hereinbelow designated, and the improvements incidental thereto, will confer special benefits on the real property in the proposed improvement district and general benefits on the City at large. Section 2. The Council has determined, and does hereby declare A. The special improvement district herein described shall be designated as the "City of Fort Collins, Colorado, Fairbrooke Special Improvement District No. 79," and B More than one type of improvement shall be combined in the District, as the improvements herein described can be combined together in an efficient and economical district Section 3 The nature and location of the improvements to be made, the streets, and parts thereof, with intersections, so to be improved, and the improvements within the District are as follows STREET DESCRTPTTONS (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) -4- (2) CEDARWOOD DRIVE from the intersection of Cedarwood Drive and Hampshire Road , west and northwest to the intersection of Cedarwood Drive and Prospect Road, a dis- tance 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 instal- lation of eight inch sanitary sewer collection lines, plus appurte- nances, in Hampshire Road, Cedarwood Drive and Somerville Drive, (6) the placement of culverts and the construction of a detention pond at the locations shown in the Engineering Report for the Fairbrooke Special Improvement District, on file with the City Clerk, and (7) all appurtenances incidental to the foregoing improvements Section 4 . The area to be assessed for the improvements described in Section 3 hereof shall be as set forth in the petition a -5- copy of which is attached hereto as Exhibit A, heretofore submitted by the Company and on file with the City Clerk. Section S . A portion of the total cost of such improve- ments shall be paid by the City at large and not by assessments against the property in the District Section 6 The Director of Public Works is hereby directed to prepare and present to the Council. A Preliminary plans and specifications of the proposed improvements , B. An estimate of the probable total cost thereof, includ- ing, without limitation, the cost of planning, constructing or other- wise acquiring such 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 be incurred in the District, and C. A map of the District to be assessed for the cost of the improvements Section 7. 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 8. All bylaws and resolutions or parts thereof in conflict with this resolution are hereby repealed Section 9. If any section, paragraph, clause or other provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such -6- section, paragraph, clause or other provision shall not affect any of the remaining provisions of this resolution Section 10. This resolution shall be in full force and effect after its passage PASSED AND ADOPTED THIS 4th day of October, 1983 . Mayor (SEAL) Attest y" City C1 k -7- EXHIBIT A PETITION AND WAIVER Of a property owner for the organization of a special improvement district for certain street, water , sanitary sewer and drainage improvements within the City of Fort Collins, Colorado To the Honorable City Council of the City of Fort Collins Ladies and Gentlemen The undersigned petitioner , being the sole owner of prop- erty described on Exhibit I attached hereto and by this reference made a part hereof , respectfully petitions the City Council (the "Council") of the City of Fort Collins (the "City") to institute the necessary proceedings to authorize the passage and adoption of an ordinance creating a local improvement district within the corporate limits of the City (the form of said ordinance being attached hereto as Exhibit II and being referred to herein as the "creation ordinance" ) , under the provisions of Ordinance No. 32, 1961, as amended, now cited as Chapter 16 of the Code of the City of Fort Collins (the "Code") , for the purpose of ordering all of the following described local street, water, sanitary sewer and drainage improvements in said proposed district in accordance with the provi- sions of the Code, the creation ordinance and the Engineering Report for the Fairbrooke Special Improvement District on file in the office of the City Clerk. STREET DESCRIPTIONS AND NATURE OF IMPROVEMENTS (1) HAIPSHIRE 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 instal- lation of eight inch sanitary sewer collection lines, plus appurte- nances , in Hampshire Road, Cedarwood Drive and Somerville Drive, (6) the placement of culverts and the construction of a detention pond at the locations shown in the Engineering Report for the Fairbrooke Special Improvement bistrict on file with the City Clerk, and (7) all appurtenances incidental to the foregoing improvements. ASSESSMENTS The costs of acquiring, constructing or otherwise install- ing the foregoing improvements shall be assessed against those tracts or parcels of land owned by the petitioner and as set forth on Exhibit I hereto, on an area basis, so that the assessment against each piece of property assessed shall be in the proportion that the square footage of such piece of property bears to the total square footage of the assessable property within the district After any tract or parcel listed on Exhibit I hereto is subdivided into lots, the assessment against such tract or parcel shall be reallocated, so that 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 bear 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 subdivided 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. The restrictions of this paragraph shall be deemed to constitute a covenant of the undersigned petitioner running with -2- the land and shall be binding upon said petitioner and any subsequent owner of any of the tracts or parcels listed on Exhibit I hereto. The undersigned petitioner hereby covenants to take all steps neces- sary to assure that the restrictions contained in this paragraph will be binding upon all owners, from time to time, of said tracts and parcels, including recordation of this Petition and waiver in all appropriate public offices for real property in Larimer County, Colorado, relating to the tracts and parcels described in Exhibit I hereto. The undersigned petitioner hereby covenants to include such restrictions in any documents transferring any interest in any of said tracts or parcels to another to the end that such transferee has notice that such transferee is bound by such restrictions. The City shall have the right to seek specific performance of the requirements of this paragraph. WAIVER The undersigned petitioner by execution hereof, hereby con- sents to all provisions of the creation ordinance and hereby waives any and all of the provisions of Chapter 16 of the Code relating to or requiring public hearings, notices, publications, letting of bids and all other procedural aspects of the creation of the district, the construction of the improvements, including the limitation set forth in Section 16-5 of the Code concerning the maximum amount of the cost of the improvements, the levying of assessments therefor, including, but not limited to, all time and filing limitations and requirements, the limitation on assessments as set forth in Section 16-20 of the Code and the provisions of Section 16-14 of the Code concerning the payment of the cost of improvements in street intersections, and the issuance of bonds therefor , and does hereby agree that the full amount of assessment required against said property may be made to pay the costs incurred for the improvements in the district, includ- ing without limitation interest on the bonds to be issued as provided in the creation ordinance. It is further understood that if the City is to bear any of the costs of the district improvements, then the City Manager shall 3oin in the aforesaid waiver. Any requirements of Chapter 16 of the Code deemed not waived hereby because of lack of specificity, shall in no manner affect the valid waiver of require- ments specifically stated herein The aforesaid waiver may not be -3- withdrawn after it has been submitted to the Council for consideration This petition may be amended, however , after such submission with the consent of the City Manager for the purpose of adding additional waivers. WHEELER REALTY COMPANY s 1 / Y i [Title] Attest CITY OF FORT COLLINS City Manager The foregoing instrument was acknowledged before me this day of , 1983 , by WITNESS my hand and official seal. My Commission Expires Notary Public Address -4-