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
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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)
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(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
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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
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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
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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
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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
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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
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