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ORDINANCE NO. 07 , Series 2012 INTRODUCED BY: COUNCILOR PETE d’ORONZIO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE CREATING THE SOUTH LAFAYETTE FIRE STATION SPECIAL IMPROVEMENT DISTRICT AND AUTHORIZING THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS THEREIN WHEREAS, the formation of a Special Improvement District pursuant to Chapter 90 of the Lafayette Code of Ordinances for the purpose of constructing and funding certain street improvements over an access easement in order to provide emergency services to affected citizens has been requested of City Council; and WHEREAS, the proposed public improvements (“Improvements”) consist of acquisition of required real property and construction of an approximate 11,000 square foot municipal fire station that will house fire and emergency personnel, fire fighting apparatus, ambulances and other emergency service vehicles, the cost of which is currently estimated at $2,995,000. The proposed new fire station would be located on Lot 1, Lafayette Corporate Campus Replat F Minor Subdivision, City of Lafayette, State of Colorado; and WHEREAS, the properties proposed to be included within the Special Improvement District are all multi-family residential, commercial and industrial-zoned properties (including properties in the DR zone district that are designated as suitable for multi-family residential, commercial, or industrial use in the Land Use Map of the City’s Comprehensive Plan) in the City of Lafayette, Colorado, that directly abut the Dillon Road/Northwest Parkway right-of-way; or are within the Jerado Minor Subdivision or the St. James Filing No. 1 Subdivision; or lie east of U.S. Hwy. 287, west of the BNSF railroad right-of-way and south of Coal Creek. Parcels owned by the City of Lafayette and Boulder County shall be excluded from the District. The legal descriptions, including reference to Boulder County Assessor Parcel number, for the lots and parcels in the above-described area to be included within the Special Improvement District are attached hereto as Exhibit and WHEREAS, pursuant to Section 90-13 of the Lafayette Code of Ordinances, the City Administrator conducted a public hearing on January 24, 2012, for the purpose of considering the desirability and need for the proposed Improvements, and, following such public hearing has entered an Order concerning such improvements; and WHEREAS, pursuant to Section 90-21 of the Lafayette Code of Ordinances, the City engineer has submitted, and City Council has considered, a report pertaining to the estimated costs and assessments for the Improvements; and WHEREAS, the City Council believes that the formation of the proposed Special Improvement District, and construction of the Improvements pursuant to Chapter 90 of the Lafayette Code of Ordinances would be in the best interests of the City; and WHEREAS, City Council finds that a contribution by the City of $1,000,000 towards the cost of the Improvements reasonably reflects the general benefit that will result to the City at large from the Improvements, and that the balance of the cost of the Improvements is appropriately ---PAGE BREAK--- 2 assessed to the properties within the District, which reflects the special benefit that will accrue to those properties as a result of the construction of the Improvements. NOW, THEREFORE, THE CITY OF LAFAYETTE, COLORADO, ORDAINS: Section 1. Pursuant to Chapter 90 of the Lafayette Code of Ordinances, a Special Improvement District known as the “South Lafayette Fire Station Special Improvement District” is hereby established (the “District”). The District shall be comprised of : All multi-family residential, commercial and industrial-zoned properties (including properties in the DR zone district that are designated as suitable for multi-family residential, commercial, or industrial use in the Land Use Map of the City’s Comprehensive Plan) in the City of Lafayette, Colorado, that directly abut the Dillon Road/Northwest Parkway right-of-way; or are within the Jerado Minor Subdivision or the St. James Filing No. 1 Subdivision; or lie east of U.S. Hwy. 287, west of the BNSF railroad right-of-way and south of Coal Creek. Parcels owned by the City of Lafayette and Boulder County shall be excluded from the District. The legal descriptions, including reference to Boulder County Assessor Parcel number, for the lots and parcels in the above-described area to be included within the Special Improvement District are attached hereto as Exhibit A. Section 2. Construction of public improvements consisting of acquisition of required real property and construction of an approximate 11,000 square foot municipal fire station that will house fire and emergency personnel, fire fighting apparatus, ambulances and other emergency service vehicles is hereby authorized pursuant to Chapter 90 of the Lafayette Code of Ordinances. The proposed new fire station is to be located on Lot 1, Lafayette Corporate Campus Replat F Minor Subdivision, City of Lafayette, State of Colorado. Section 3. The City shall make a contribution of $1,000,000 towards the cost of the Improvements, which contribution reasonably reflects the general benefit that will result to the City at large from the Improvements. The balance of the cost of such Improvements shall be assessed to the lots and parcels within the South Lafayette Fire Station Special Improvement District according to the following blended formula: An “Extraordinary Construction Cost” component to the assessment for properties within the District upon which are located structures whose average square foot construction cost exceeds the average construction cost of office structures by more than 50% (as determined by reference to International Code Council Construction Table) shall be applied to such properties based upon the square footage of the structure, with the total of such component equaling 7.5% of the total Improvement costs, or approximately $225,000.00. Fifty percent (50%) of the balance of assessed Improvement costs shall be assessed based upon the square footage of the assessed parcels and 50% of the balance of assessed Project costs shall be assessed based upon the square footage of any structures located upon the assessed parcels. City Council finds that an assessment according to this formula reasonable reflects the special benefit that will accrue to the properties within the District that are subject to assessment, and accounts for the existing and future state of development on the lots and parcels within the District. Such assessment shall be accomplished by a separate ordinance as provided by Section 90-38 of the Lafayette Code of Ordinances. Such assessment shall constitute a lien on the properties assessed and shall have priority over other liens except general taxes and prior assessment liens. The City ---PAGE BREAK--- 3 Administrator is directed to arrange for a construction contract for such Improvements pursuant to Section 90-24 of the Lafayette Code of Ordinances. Section 4. City Council finds that the Improvements were duly ordered after notice duly given by the City Administrator, as provided in Chapter 90 of the Lafayette Code of Ordinances. The City Council accepts the Order and recommendation of the City Administrator, including his conclusions as to the filing of remonstrances. Section 5. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. Section 7. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. Section 8. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Section 9. This ordinance shall become effective upon the latter of the 10th day following enactment, or the day following final publication of the ordinance. INTRODUCED AND PASSED ON FIRST READING THE 7TH DAY OF FEBRUARY, 2012. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THE 21ST DAY OF FEBRUARY, 2012. CITY OF LAFAYETTE, COLORADO Carolyn D. Cutler, Mayor ---PAGE BREAK--- 4 ATTEST: APPROVED AS TO FORM: Susan Koster, CMC David S. Williamson, City City Clerk Attorney