HomeMy WebLinkAboutMINUTES-06/06/1974-Regular300
June 6, 1974 '
;COUNCIL .OF 11-JE CITY OF FORT COLLINS,.COLORADO
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Council -Manager Form of Government
Present: Council members Bowling, Fead, Preble, Reeves, Russell and
Wilkinson.
Absent Couuc Unman:Gray.
Staff present: Brunton, DiTullio, Bingman, Parsons, Deibel, Knight,
Smith, Yonker, Cain, March and Lewis. ,
Minutes of May 16, 1974 approved
,Mayor 'Fead stated copies of the regular meeting of May 16, 1974--lad been
received; 'hearing M02. corrections, the minutes stood approved as published..
Revised dedication and right-of-way for sewer, water and
power lines fro;u Ri.verbend Farms and Rhoades, Inc., accepted
City Manager Brunton stated that`COuncil had recently accepted an casement ,
for the sanitary sewer tie line between Sewer Plant No. 1 and Sewer Plant
No. 2 from Riverbend Farms, Inc., and Rhoades, Inc. Subsequently, it eras
mutua."lly•agreed:ahat the same easement.could be used for power lines and
water mains.:::
Councilman Russell made a motion, seconded by Councilwoman Reeves, to accept
the easement which.includes sanitary sewer, water and power lines. Yeas:
Coilncil members:Buorling, read, Preble, Reeves, Russell and Wilkinson. Nays:
None... .. .
Dedication of easement for Storm Water Runoff
Detention Pond from Poudre School District R-1
Accepted
City Manager Brunton stated that "In connection with the development of the
new Laurel Elementary School, a storm water runoff detention pond is required.
Although the pond will partially serve the requirements of Laurel Elementary
School, it will also serve other property in the drainage area. The pond
requirements will primarily solve the :accel..erated. runoff probleuis caused
by the school. development. The pond will be constructed and maintained by
the School District in accordance with the City's storm drainage policy."
"Councilman' Bowling made a motion, seconded by Councilwoman Preble, to
accept the easement for a storm water runoff detention pond from Poudre '
School District R-1. Yeas: Councilmembers Bowling, F'ead, Preble,
Reeves, Russell and Wilkinson. Nays: None.
:nn
Dedication of Storm Sewer Easement from Poudre
School District R-1 accepted
City Manager Brunton stated that in connection with the development of the
new Laurel Elementary School, it is necessary to provide a storm sewer ease-
ment to provide storm water access in a minor drainage area. The normal
storm water flows east through this property to'T04 and then north to the
Poudre River.
Councilwoman Preble made a motion, seconded by Councilman Russell, to
accept the dedication easement from Poudre School District R-1. Yeas:
jp Council members Bowling, Fead, Preble, Reeves, Russell and Wilkinson. Nays:
None.
Agreement of Easement for Underground Utilities
between Adcor Realty Corporation and the City approved
City Manager Brunton stated that "In connection with the development of the
Foothills Fashion Mall, a water main was installed to be owned and maintained
by the City. The Grantor is the Adcor Realty Corporation. This Agree-
ment outlines in detail the terms and conditions of the approval of'the
10-foot easement.."
Councilman Bowling made a motion, seconded.' by Councilroman Preble, to
approve the agreement and authorize the City Manager aru} City Clerk to sign
the same on behalf of the City.
Resolution approving an agreement for construction
and maintenance of an overhead line with Union
Pacific Railroad Company adopted
City Maltager Brunton stated that "The City had to reconstruct an overhead
power lire on the west side of College behind Canada Dry on Union Pacific
Rai.lmad. Company right-of-way. It is necessary to approve an "Overhead
Line Encroachment Agreement" with the railroad for the relocation of exist-
ing lines as required for future development."
Councilwoman Reeves made a motion, seconded by Councilwoman Preble, to adopt.
the resolution. Yeas: Council members Bowling, Fead, Preble, Reeves,
Rus8611�__ and Wilkinson. :Jays: None.
RESOLUTION 74-53
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN AGREEMENT TO BE ENTERED INTO
WITH UNION PACIFIC RAILROAD COMPANY
WHEREAS, Union Pacific Railroad Company has tendered to the
City of Fort Collins, Colorado, an agreement covering construction,
maintenance and operation of an overhead power wire line on and along
the property of tiie Railroad Company at Niil.e Post 25.25 near Fort Collins,
Larimer County, Colorado, said agreement being identified in the records
of tha Railroad Company as its C. D. No. 38879-2; end
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WHEREAS, the Council of the City of Fort Collins has said
proposed agreement before it and has given it careful review and con-
sideration; and
WHEREAS, it is considered that the best interests of the City
of Fort Collins, Colorado, will be subserved by the acceptance of said
agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
That the terms of the agreement submitted by Union Pacific
Railroad Company as aforesaid be, and the same are hereby, accepted on
behalf of the City of Fort Collins; and
That the Mayor of said City is hereby authorized, empowered
and directed to execute said agreement on behalf of said City, and that
the City Clerk of said City is hereby authorized and directed to attest
said agreement and to attach to each duplicate original of said agreement
a certified copy of this resolution.
Passed and adopted at a regular meeting of the City Council
held this 6th day of June., A.D. 1974.
ATTEST: or
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City Clark
Resolution expressing concern of the City Council
concerning recent amendments to the 1938 Fair Labor
Standards Act adopted
City Manager Brunton reviewed the following:
The City has been employing a substantial number of young adults
geldotinla)
each summer. This trooper program gives many young people in
p g to
meaningful way in the summer and make some money. In 1973 we paid the troopers
50 cents per hour plus some free use of the City's recreational facilities. It
was decided to increase the pay in 1974 to one dollar per hour. Early in 1974
eight young adults were hired for this year's program. Subsequently, the new
minimum wage bill requires us to pay $1.90 per hour. Rather than disappoint the
young adults that have been already hired for this year's program, the City Council
scheduled to pay the over -run of $11,716 from Revenue Sharing ($23,821 to $35,537).
In all probability, the City will have to drop this valuable program in 1975 (see
editorial from Boulder paper). The City Council furtherinstructed the City
Attorney to prepare a resolution condemming this part of the 1974 amendments to
the 1938 Fair Labor Standard Acts pertaining to hiring of young adults.
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Council members discussed the sending of copies of tiie resolution to our
United State: Representatives and Senators and Councilwoman Reeves stated she
would like tor0eeive feedback from them on this matter.
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to
adopt the resolution and request the City Manager to send copies of same to
our United States Representatives and Senators. Yeas: Council members
Bowling, Fead, Preble, Reeves, Russell and Wilkinson. Nays: None.
RESOLUTION i 74-59
OF THE COUNCIL OF THE CITY OF FORT COLLINS EXPRESS-
ING THE CONCERN OF THE CITY COUNCIL CONCERNING
RECENT AMENDMENTS TO THE 1938 FAIR LABOR STANDARDS
ACT
WHEREAS, in 1973 the City of Fort Collins initiated a
summer youth employment program called the "Trooper Project"
which program was designed to provide employment for use in
the community in the Parks and Recreation Department, and
WHEREAS, as a part of such program the youth employed
were given the right to use city parks and recreation facil-
ities without the normal charges therefor, and
WHEREAS, in 1973 such program was successful and did
provide employment for youth of this community who were
unable to obtain other employment, and
WHEREAS, such employment opportunities were beneficial
to those participating in the program in many ways in addi-
tion to the earnings provided in that the program provided
training and guidance to many youths who would not otherwise
have had the same, and
WHEREAS, because of the success of such program the
City Council authorized the expansion of the program in 1974
in order to provide more opportunities for employment to
youth in the community, and
WHEREAS, the salary for youths employed in the program
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was contemplated to be $1.00 per hour, which represented an
increase over the previous year, and
WHEREAS, the City has been informed that the provisions
of the 1938 Fair Labor Standards Act are applicable to the
City of Fort Collins and the City will be required to meet
the minimum wage requirement of $1.90 per hour set forth in
such act and will not be entitled to any credit on account
of allowing the use of parks and recreation facilities by
the youths employed without charge, and
WHEREAS, because of the lack of experience and age of
the youths employed in the program and the benefits provided
by the program, the City cannot economically maintain this
program under the minimum wage required by law, and it
therefore appears that the City will have to terminate this
program and discontinue the hiring of youths of the community
for this function, and
WHEREAS, in the opinion of the City Council, the loss
of this program will be a substantial detriment to the
community and to the youth employed in the program.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS that the City Council hereby expresses
its concern concerning the recent amendments to the 1938
Fair Labor Standards Act as the same affects municipal
governments for the reasons set forth above, and
BE IT FURTHER RESOLVED that a copy of this resolution
be forwarded to the Senators and Representatives from this
State and that the administration of this City communicate
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in more detail the City's concern with regard to this
legislation.
Passed and adopted at a regular meeting of the City
Council held this 6th day of June, 1974.
Creation of Cultural Affairs Commission tabled
City Manager Brunton spoke to the background of the recommendation from the
D'i'Z and read the following:
In 1973 the City Council accepted the recommendation of the Designing Tomorrow
Today citizen committee and created a Department of Cultural Affairs. This
Department was to administer and coordinate the various cultural affairs of
the City including the Pioneer Museum, Historic Landmarks, Art Museum, and,
probably, the auditorium. In the 1974 Budget a minimum amount was appropriated
for the operation of this Department.
Recently the DTT committee recommended that a cultural affairs director be
emploved and a Board for Historical Facilities and Commissions be created con-
sisting of two members of the Fort Collins Historic Landmarks Commission
(Chairman and one other), two members of the Pioneer Museum Board (Chairman
and one other), two members of the Avery House Committee (Chairman and one
other), and four members chosen from the community at large to be appointed by
City Council. This organizational arrangement was discussed at one of the City
Council. Work Sessions. The recommendation could tend to add confusion and lack
of coordination in the various activities. In place of this recommendation, it
was suggested that the Fort Collins Landmarks Commission and the Pioneer Museum
Board be abolished and a new Cultural Affairs Commission'be established. The
Commission could consist of nine City Council appointed members. The various
subcommittees; including historic landmarks, museum, etc. could include members
of the Commission and additional interested persons appointed by the Commission
itself. However, the Council would look to the entire. Commission for all
recommendations.
Executive Director Val Ogden spoke to the recommendation.
Councilman Wilkinson -inquired how this would relate to the DTZ Steering
Conmtittee? Mrs. Ogden stated this would have no relation; this would be a
separate commission appointed by and accountable to the Council.
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Councilman Bowling stated he desired to have this creation of the commission
delayed for 60 to 90 days and that it be included in the .study to be clone
by Cresap, McCormick and Paget, Inc.
Councilwoman Preble spoke to the vacancies existing in the Landmark
Commission. Councilwoman Reeves spoke in favor of moving ahead. Mayor
Fead stated he was not enthused about either alternative; that is post-
poning.; action and leaving the other Boards without personnel.
Councilman Bowling made a motion, seconded by Councilman Russell, to table
this item until a report was received from the consultant and request that
those members serving on the commissions continue to serve until that time.
Yeas: Council. members Bowling, Fead, Russell and Wilkinson. Nays:
Councilwomen Preble and Reeves.
Ordinance adopted as amended, on Second reading relating
to the City Electric Utility
City Attorney March stated a portion of the Ordinance had been inadver-
tently omitted and the Ordinance should be amended to include that portion.
Councilwoman Reeves made a motion, seconded by Councilman Russell, to
amend Ordinance No. 38, 1974 by adding, in Section 4 (on page 3) after
the words "the next 40 kilowatts hours used per month per Kilowatt: of
billing demand" the following: "but not less than 5,000 kilowatt hours."
Yeas: Council members Bowling, Fead, Preble, Reeves, Russell and
Wilkinson. Nays: None.
Councilman Russell.next made a motion, seconded by Councilwoman Reeves, to
adopt Ordinance No. 38, 1.974 as amended, on second reading. Yeas: Council -
members Bowling, Fead, Preble, Reeves, Russell and Wilkinson. Nays: None.
ORDINANCE NO. 38 , 1974
BEING AN ORDINANCE AMENDING ARTICLE III
OF CHAPTER 112 OF THE CODE OF THE CITY
OF FORT COLLINS RELATING TO THE CITY
ELECTRIC UTILITY AND RATES FOR SERVICES
FROM SUCH UTILITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1.. That Section 112-118 of the Code of the City of
Fort Collins be, and the sane hereby is, amended by doleting therefrom
subsection A.(3) thereof entitled "Rates" and by substituting therefor
the following:
"A.(3) Rates
Kilowatt -Hours
Used per Month
The first 35 kil6watt-
hours per month
Charges per
Kilowatt -Hour
$0. 05.
l
3 0 T
1
00
n
1
The next 40 kilowatt-
hours per month .04
The next 75 kilowatt-
hours per month .02
The next 350 kilowatt-
hours per month .015
All additional kilowatt-
hours per month .0125"
Section 2. That Section 112-118 of the Code of the City of
Fort Collins be, and the same hereby is, amended by deleting therefrom
subsection B.(3) thereof entitled "Rates" and by substituting therefor
the following:
"B.(3) Rates.
Kilowatt -Hours Charges per
Used per Month Kilowatt -Hour.
The first 50 kilowatt-
hours used per month $0.05
The next 100 kilowatt-
hours used per month .04
The next 850 kilowatt-
hours used per month .03
The next 19,000 kilowatt-
hours used per month .025
All additional kilowatt-
hours per month .0175
Section 3. That Section 112-118 of the Code of the City of Fort Col-
lins be, and the same hereby is, amended by deleting therefrom subsection C.
(3) thereof entitled "Rates" and by substituting therefor the following:
"C.(3) Rates.
Kilowatt -Hours
Used per Month
Charges per
Kilowatt -Hour
The first 20 kilowatt-
hours used per month per
kilowatt of demand but not
less than for the first 60
kilowatt-hours used $0.045
7n7
3-0 8
V
The next 40 kilowatt-
hours used per month per
kilowatt of demand
but not less than for the
next 120 kilowatt-hours
used. .04
The next 140 kilowatt-
hours used per month per
kilowatt of demand but not
less than for the next.420
kilowatt-hours used. •02
All additional kilowatt-
hours used per month .0125"
Section 4. That Section 112-118 of the Code of the City of Fort
Collins be, and the same hereby is, amended by deleting therefrom subsection
D.(3) thereof entitled "Rates" and by substituting therefor the following:
"D. (3) Rates.
Kilowatt -Hours Charges Per
Used Per Month Kilowatt -Hour
The first 50 kilowatt-
hours used per month
per kilowatt of billing
demand but not less
than 6,250 kilowatt-
hours $0.04
The next 40 kilowatt-
hours used per month
per kilowatt of: billing
demand but not less than .024
5,000 kilowatt hours
The next 500,000 kilowatt-
hours used per month .007
Excess kilowatt-hours .006"
Section 5. That Section 112-118 of the Code of the City of Fort
Collins be, and the same hereby is, amended by deleting therefrom subsection
F.(3) thereof entitled "Rates" and by substituting therefor the following:
11F.(3) Rates.
Kilowatt -Hours
Used -
Charges Per
Kilowatt -Hour
The first 50 kilowatt-
hours used per month per
kilowatt of billing demand
but not less than 2,000
kilowatt-hours $0.04
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The next 60 kilowatt-
hours used per month per
kilowatt of billing demand
but not less than 2,400
kilowatt-hours .03
The next 20,000 kilowatt-
hours used per month .015
.Excess kilowatt-hours .007"
Section 6. That Section 112-118 of the
Code of the City of Fort
JG
Collins be, and the same hereby is, amended by
deleting from subsection F.(4)
UC
thereof the following words and figures: "Two
hundred dollars ($200.)"
and
by substituting therefor the following words and figures: "one hundred
fifty
dollars ($150.)".
Section 7. That Section 112-118 of the
Code of the City of Fort
Col-
lins be, and the same hereby is, amended by adding to subsection G.(3)
thereof
a rate for high pressure sodium lamps, burning
dusk to dawn, after the
rate for
mercury vapor lamps, burning dusk to dawn, as follows:
"High Pressure Sodium Lamps
Charges per Year
Burning Dusk to Dawn
Single Twin
I I
250-Watt
400-Watt
$54.50 $98.00
76.00 141.50"
Introduced, cQ nsidered favorably on first reading, and ordered published
this /G `--`'day of _, A.D. 1974, and to be presented for final
passage on the day of rA.D. 1974.
—am
ATTEST:
� p / or
City Clerk
Passed and adopted on final reading this G Nay of ,
A.D. 1974.
ATTEST:
City Clerk
309
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First reading: May 16, 1974 (Vote: Yeas: 6; Nays: 0)
Second reading: June 6, 1.974 (Vote: Yeas: 6; Nays: 0)
Published: May 21 and June 11, 1974 a
Attest:
City Clerk
Resolution adopted approving an addendum
to an agreement with the State Board of
Agriculture
City Attorney March stated this action will put Colorado State University
under the rates as changed. This item has not been taken to the Board of
Agriculture and the Council is acting on the matter before the Board.
Councilwoman Preble made a motion, seconded by Councilwoman Reeves, to
adopt the resolution. Yeas: Council members Bowling, Fead, Preble,
Reeves, Russell and Wilkinson. Nays: None.
RESOLUTION 74-61
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN ADDENDUM TO AN AGREEMENT WITH
THE STATE BOARD OF AGRICULTURE
WHEREAS, the City of Fort Collins furnishes electrical power to the
State Board of Agriculture under an agreement dated January 18, 1973, and
WHEREAS, at the time of said agreement the City gave notice to the
State Board of its intent to terminate the agreement on June 30, 1974, unless
the rates to be paid for electrical service were revised to conform to the
revised rates anticipated by the City for the electric utility, and
WHEREAS, the City Council has, by ordinance, revised and increased the
rates established by ordinance for service from the City electric utility, and
WHEREAS, an agreement and addendum to the agreement with the State Board
of Agriculture has been prepared, which provides for the same 7ates as recently
adopted by ordinance by the City Council, and
WHEREAS, such addendum has been approved by the City Manager and the
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City Attorney, and the City Council desires to approve and authorize the same.
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NOW, THEREFORE, BE IT RESOLVED by the Council of the.City of Fort Collins
that the terms and conditions of said addendum be, and the same hereby are, accepted
and approved; and
BE IT FURTHER RESOLVED THAT the Mayor and City Clerk be, and they hereby
are, authorized and directed to execute said addendum for and on behalf of the
City of Fort Collins.
Passed and adopted at a regular meeting of the City Council held this
sixth day of June A.D., 1974.
ATTEST:
City Clerk
Resolution adopted regarding Street,
Water and Sanitary Sewer District No. 70
City Attorney March stated this resolution instructed the City Engineer
to prepare a report and giving the district a name.
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to adopt
the resolution. Peas: Council members Bowling, Fead, Preble, Reeves,
Russell and Wilkinson. Nays: None.
RESOLUTION 74-62
OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHOR-
IZING AND DIRECTING THE CITY ENGINEER TO MAKE THE
NECESSARY SURVEYS AND PREPARE MAPS, PLANS AND
SPECIFICATIONS AND ESTIMATES OF COST FOR A PERMAN-
ENT IMPROVEMENT DISTRICT TO BE FORMED FOR THE
PURPOSE OF INSTALLING CURB, GUTTER, SIDEWALK,
ASPHALT, STREET PAVEMENT, STREET LIGHTING, WATER
LINES AND SANITARY SEWER LINES
WHEREAS, the Owners of more than fifty per cent of the
property to be assessed have petitioned the City Council
under the provisions of. Chapter 16 of the Code of the City
of Fort Collins, relating to local public improvements for
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the organization of a permanent improvement district for the '
purpose of installing curb, gutter, sidewalk, asphalt,
street pavement, street lighting, water lines and sanitary
sewer lines in Swallow Street from College Avenue west to
the C. & S. Railroad tracks; and
WHEREAS, said petitions were duly received by the City
Council and duly referred to the City Engineer for the
purpose of checking the same with respect to compliance with
the requirements and provisions of said Chapter 16; and
WHEREAS, the City Engineer has reported to the City
Council that said petitions are in compliance with the
requirements and provisions of said Chapter 16 of the Code
of the City of Fort Collins, and that the owners of the ,
required area of the Property to be assessed have properly
and legally signed such petitions, and that the area to be
benefited by the proposed improvements is the area described
on Exhibit A attached hereto and by this reference made a
part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS that said petition be and the same
hereby is received and approved; and
BE IT FURTHER RESOLVED that the City Engineer be and he
hereby is authorized, empowered and directed to make a
complete survey of the proposed district for the purpose'of .
preparing a map, plans and specifications, and an estimate '
of the cost of said improvements in said district, and the
amount to be assessed to the respective lots and blocks in
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' properties located within the district, said district to
comprise and include the property described on the attached
Exhibit A, and all of said property to be assessed for the
improvement hereinabove described, which said work when.
completed shall with all convenient speed be reported to the
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City Council for appropriate action for the purpose of
or)
organizing said district as provided by law and providing
for the construction of the permanent improvements therein
in accordance with said plans and specifications; and
BE IT FURTHER RESOLVED THAT such improvement district
shall be known as Street, Water and Sanitary Sewer District
' No. 7-0-
Passed and adopted at a regular meeting of the City
Council held this 6th day of June A.D., 1974.
ATTEST:
City Clerk
I�T.i:96 IMMA
Description of Property Benefited by the
Improvements to be made in Street, Slater
and Sanitary Sewer District No. Lo, and
Property to be assessed in such District
' All property abutting on swallow Drive from College Avenue
West to the Railroad Tracks of the Colorado & Southern Railway
Company
Y
Resolution adopted regarding Street Lighting '
Improvement District No. 4
e
Director of Utilities, Stan Case, stated perhaps Council could consider
sodium vapor versus mercury vapor: figureson the above were now available.
The most significant item, according to the figures available, prospect
Street, if sodium vapor were used would result in an annual cost to the
City of $928.00 less than if mercury vapor were used and a savings of
$644.00 on Lake Street per year on operating cost. The original investment
is almost the same.
Councilman Bowling made a motion, seconded by Councilman Russell, to adopt
the resolution and instructing the engineers to use sodium vapor lights.
Yeas: Council members Bowling, Fead, Preble, Reeves, Russell and
Wilkinson. Nays: None.
RESOLUTION
OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPT-
ING A RECOMMENDATION FROM THE DIRECTOR OF PUBLIC
WORKS REGARDING THE INITIATION OF A SPECIAL IMPROVE-
MENT DISTRICT, STATING THE NEED FOR, THE NATURE
OF, AND THE LOCATION OF THE IMPROVEMENTS TO BE
MADE, DESCRIBING THE AREA TO BE ASSESSED FOR TIME ,
SAME, AND DIRECTING THE CITY ENGINEER TO PREPARE
AND PRESENT TO THE CITY COUNCIL THE NECESSARY
INFORMATION FOR THE FORMATION OF SAID DISTRICT
WHEREAS, the Director of Public Works has recommended
to the City Council that a special improvement district be
created for the purpose of installing certain public improve-
ments in the City; and
WHEREAS, the City Council has received such recommenda-
tion and desires to continue with the formation of such
special improvement district.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Section 1. That the recommendation of the Director of I
Public Works is hereby received and accepted.
Section 2. That the improvements to be constructed are
31
' the following: the installation of street lighting on Lake
Street from College Avenue west to Shields Street and on
Prospect Avenue from College Avenue West to Shields Street,
and that such improvements are needed in order to facilitate
the use of said street, increase the safety for persons
Xusing said street, and provide better lighting on such
': street.
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Section 3. The location of the improvements to be made
is as follows: Lake Street from College Avenue west to
Shields Street and Prospect Avenue from College .Avenue west
to Shields Street.
Section 4. The City Engineer is hereby directed to
' prepare and present to the Council the following:
A. Preliminary plans and specifications of the improve-
ments proposed.
B. An estimate of the total cost of such improvements,
including the cost of constructing the same, engineering,
legal and advertising costs, interest during construction
and until assessments are made by ordinance against .the
properties benefited, and other incidental costs.
C. A map'of the district to be assessed for the cost
of the improvements.
Section 5. Said improvement district shall be known as
Street, Lighting Improvement District No.
' Passed and adopted at a regular meeting of the City
Council held this 6th day of June, 1974.
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ATTEST:
City Clerk '
Resolution initiating Sidei•.mlk Improvement
District No. 5 74-63
City Attorney March stated this resolution initiated the district and gives
it a name.
Councilman Russell made a motion, seconded by Councilman Bowling, to adopt
the resolution. Yeas: Council members Bowling, Fead, Preble, Reeves,
Russell and Wilkinson. Nays: None.
RESOLUTION
OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPT-
ING A RECOMMENDATION FROM THE DIRECTOR OF PUBLIC
WORKS REGARDING THE INITIATION OF A SPECIAL IMPROVE-
MENT DISTRICT, STATING THE NEED FOR, THE NATURE
OF, AND THE LOCATION OF THE IMPROVEMENTS TO BE
MADE, DESCRIBING THE AREA TO BE ASSESSED FOR. THE
SAME, AND DIRECTING THE CITY ENGINEER TO PREPARE
AND PRESENT TO THE CITY COUNCIL THE NECESSARY
INFORMATION FOR THE FORMATION OF SAID DISTRICT
WHEREAS, the Director of Public Works has recommended
to the City Council that a special improvement district be
created for the purpose of installing certain public improve-
ments in the City; and
WHEREAS, the City Council has received such recommenda-
tion and desires to continue with the formation of such
special improvement district.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
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Section 1. That the recommendation of the Director of
Public Works is hereby received and accepted.
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Section 2. That the improvements to be constructed are
the following: the installation of sidewalks along Shields
Street from Prospect south to Swallow Drive on,the west side
of the street and from Prospect south to Drake Road on the
east side of the.street, and that such improvements are
00 needed in order to provide pedestrian access along said
Lam. street.
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C Section 3. The location of the improvements to be made
is as follows: on Shields Street from Prospect south to
Swallow Drive on the west side of the street and from Prospect
south to Drake Road on the ease side of the street.
Section 4. The City Engineer is hereby directed to
' prepare and present to the Council the following:
A. Preliminary plans and specifications of the improve-
ments proposed.
B. An estimate of the total cost of such improvements,
including the cost of constructing the same, engineering,
legal and advertising costs, interest during construction
and until assessments are made by ordinance against the
properties benefited, and other incidental costs.
C. A map of the district to be assessed for the cost
of the improvements.
Section 5. Said improvement district shall be known as
Sidewalk Improvement District No. .
' Passed and adopted at a regular meeting of the City
Council held this 6th day of June, 1964.
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ATTEST:
City Clerk
City Engineer's report relative to Sidewalk
Improvement District No. S
Director of Community Development, Roy A. Bingman, identified the area of
the proposed improvements. City Engineer, Don Parsons, spoke to the com-
plete report (located in central files) and specifically to the assessed
values of the properties which can support assessments. The ..City's cost
of this project would be $3,685.97.
Council members spoke to the need to complete this project prior to the time
school starts' in .the fall.
City Manager Brunton spoke to the Colorado State University Research ,
Foundation (CSURP) pro>erty on the east side of Shields Street and the
conversation with Dr. ?fin Rhody in which it was indicated that CSURF
could not pay for the improvements now but would like to pay it on time and
are agreeable to furnishing the extra footage.
Councilman Russell inquired into the slope of the proposed sidewalk which
he expressed as being too high in the Elizabeth Street project. Director
of Community Development, Roy A. Bingman, stated crowning would be used in
the proposed improvements.
Resolution adopted adopting the report of the
City Engineer on estimates, cost and assessment
for Sidewalk Improvement District No. 5
Councilman Bowling made a motion, seconded by Councilwoman Preble to amend the
resolution by changing the word June to July on the second page. Yeas:
Council members Bowling, Fead, Preble, Reeves, Russell and Wilkinson. Nays:
None.
Councilwoman Preble made a motion, seconded by Councilwoman Reeves, to
adopt the resolution as amended. Yeas: Council members Bowling, Fead,
Preble, Reeves, Russell and Wilkinson. Nays: None.
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RESOLUTION 74-64
OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING
THE REPORT OF THE CITY ENGINEER ON THE ESTIMATES,
COSTS AND ASSESSMENTS FOR SIDEWALK IMPROVEMENT
DISTRICT NO. 5, APPROVING THE DETAILS AND SPECIFI-
CATIONS FOR SUCH PROPOSED DISTRICT, DETERMINING
THE AMOUNT OR PROPORTION OF TIME TOTAL COST TO BE
PAID BY A METHOD OTHER THAN ASSESSMENTS AGAINST
W
PROPERTY IN THE DISTRICT, THE NUMBER OF INSTALLMENTS
AND THE TIME WITHIN WHICH THE COST OF TIIE IMPROVE-
{�
MENTS ASSESSED AGAINST PROPERTY IN THE DISTRICT
WILL BE PAYABLE, THE RATE OF INTEREST TO BE CHARGED
d
ON UNPAID INSTALLMENTS, THE PROPERTY TO BE ASSESSED
FOR THE IMPROVEMENTS, THE METHOD OF MAKING SUCH
ASSESSMENTS, AND THE DATE WHEN THE COUNCIL WILL
HOLD A HEARING AND CONSIDER THE ORDERING BY ORDIN-
ANCE OF THE PROPOSED IMPROVEMENTS
WHEREAS, heretofore the City Council by resolution
' directed the City Engineer to make a complete survey of
proposed Sidewalk Improvement District No. 5, including the
preparation of a map, plans and specifications, and estimate
of cost of the improvements in said proposed district; and
WHEREAS, the City Engineer has made his report and has
presented the details and specifications for the proposed
district.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OP' THE
CITY OF FORT COLLINS:
Section 1. That the report, plans, specifications, map
and estimate as presented by the City Engineer for said
district be and the same hereby are accepted and approved.
Section 2. The following amount or proportion of the
' total cost of such improvements shall be paid by the City at
large and not by assessments against property in the district,
to -wit: $ 137,969.19
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Section 3. The property to be assessed for the improve- '
ments shall be as follows: All lots and lands abutting the
portion of Shields Street to be improved in the District.
Section 4. Assessments for the cost of installing the
improvements in the district will be made as follows: upon
all of the lots and lands abutting the portion of Shields
Street to be improved in proportion as the frontage of'each
lot or tract of land is to the frontage of all lots and
lands so improved.
Section 5. Said assessments shall be payable in ten
equal annual installments, with interest on the unpaid
installments at the rate of six percent (6%) per annum.
Section 6. That on the l8th day of July; 1974, at the
hour of 5:30 o'clock P.M., or as soon thereafter as the
matter may come on for hearing, in the Council Chambers of
the City Hall, City of Fort Collins, is the date on which
the Council of the City of Fort Collins will consider the
ordering by ordinance of the proposed improvements and hear
all complaints and objections that may be made and filed in
writing concerning the proposed improvements by the owners
of any real estate to be assessed or any persons interested
generally.
Section 7. The City Clerk be and she hereby is directed
to give notice by publication and mailing to the owners of
property to be assessed and to all interested persons generally, '
all as set forth in Chapter 16 of the Code of the City of
Fort Collins..
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Passed and adopted at a regular meeting of the.City
Council held this 6th day of June, 1974.
NOTICE
TO THE OWNERS OF PROPERTY TO BE ASSESSED IN SIDE-
WALK IMPROVEMENT DISTRICT NO. 5 AND TO ALL INTER-
ESTED PERSONS OF THE KINDS OF IMPROVEMENTS PROPOSED,
THE NUMBER OF INSTALLMENTS, AND THE TIME IN WHICH
THE COST OF SUCH IMPROVEMENTS WILL BE PAYABLE, THE
RATE OF INTEREST TO BE PAID ON UNPAID AND DEFERRED
INSTALLMENTS, THE EXTENT OF THE DISTRICT TO BE
IMPROVED, THE PROBABLE COST AND THE MAXIMUM COST
TO BE ASSESSED, THE TIME WHEN THE CI^1Y COUNCII.
WILL CONSIDER ORDERING BY ORDINANCE THE PROPOSED
IMPROVEMENTS AND HEAR COMPLAINTS AND OBJECTIONS,
AND THAT A MAP OF THE DISTRICT AND DETAILS CONCERN-
ING THE SAME ARE ON FILE AND CAN BE SEEN IN THE
CITY CLERK'S OFFICE '
Public notice is hereby given to persons interested and
to owners of property to be assessed in Sidewalk Improvement
District No. 5 that the kind of improvements proposed for
said district is: the installation of sidewalks on Shields
Street, and that the cost of said improvements as assessed
will be payable in ten equal annual installments and that
the rate of interest to be paid on unpaid and deferred
installments will be six percent (6%) per annum and that the
extent of the district to be improved is as follows: Shields
Street from Prospect South to Drake Road on the East side
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and from Prospect South to Swallow Drive on the West side,
and that the probable cost of said improvements as shown by
the total estimate of the City Engineer is $209,928.12 ,
exclusive of the cost of collection, legal, advertising,
engineering, financing, interest and other incidentals and
that to said cost will be added an amount equal to seventeen
percent (17%) of such cost to cover the expense of collection,
legal and advertising, engineering, financing, interest
during construction, and other incidentals and that assess-
ments for the cost of such improvements within the district
will be made as follows: upon all of the lots and lands
abutting the portion of Shields Street to be improved in
proportion as the frontage of each lot or tract of land is
to the frontage of all lots and lands so improved; and that
the maximum cost to be assessed, exclusive of the cost of
collection, legal and advertising, engineering, financing,
interest during construction, and other incidentals, is as
follows: $5.45 per front foot, and that�on the 18th day of
July, 1974, at the hour of 5:30 o'clock P.M., or as soon
thereafter as the matter may come on for hearing in the
Council Chambers in the City Hall, Fort Collins, Colorado,
is the date that the City Council will consider the ordering
by ordinance of the proposed improvements and hear all
complaints and objections that may be made and filed in
writing by the owners of any property to be assessed or
persons interested generally. All complaints or objections
should be made in writing and filed in the office of the
City Clerk in the City Hall before said date; and
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schedules showing the approximate amount per front foot to
be assessed upon the several lots or parcels of land within
the district and all proceedings of the City Council in the
premises are on file and can be seen and examined in the
City Clerk's office during business hours at any time before
said hearing.
Dated at Fort Collins, Colorado, this 6th day of June,
A.D. 1974.
City Clerk
Ordinance adopted as an Emergency Ordinance
relating to Sewer Improvement Revenue Bond
Issue and declaring an emergency tliereon
Mr. Owen Moore, Boettcher and Company of Denver, spoke to the bond issue,
and the Moody Rating.
Councilman Russell made a motion, seconded by Councilman Wilkinson, to
accept the low bid of Halsey, Stuart and Company, Inc., for the purchase
of.the 1974 bonds. Yeas: Council members Bowling, Fead, Preble,
Reeves, Russell and Wilkinson. Nays: None.
City Attorney March stated there needed to be some insertions made in
the ordinance and enumerated them.
Councilman Russell made a motion, seconded by Councilman Bowling, to amend
the Ordinance by inserting on Page 2 the figure $1,760,000; by inserting oil
page 3, the name Halsey, Stuart and Company, Inc; on page 8 by inserting
the name, Halsey, Stuart and Company, Inc; by inserting on page 19, the
amount 2,300.00 in the first blank and $276,000.00; and by inserting on
page 25 in the blank, the name The Fort Collins Coloradoan. Yeas: Council
members Bowling, Fead, Preble, Reeves, Russell and Wilkinson. Nays: None.
Councilwoman Preble made a motion, seconded by Councilwoman Reeves, that any
rule of the City Council which would prevent the passage of said ordinance at
this meeting be suspended, and said ordinance be placed upon its final passage.
The roll was called upon said motion with the following result,:
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Those voting Yes: J. W. N. Fead
Charles Bowling
Mabel Preble
Margaret Reeves
Jack Russell
Earl Wilkinson
Those voting No: None.
The presidirg officer declared the motion carried and the rules suspended,
and said ordinance placed upon its final passage.
Councilwoman Preble then noved that said ordinance be passed as presented.
Councilwoman Reeves seconded the motion. The motion being upon, the final
passage of the Ordinance, the roll was called with the following result:
Those voting Yes
Those voting No:
Charles Bowling
J. W. N. Fead
Mabel Preble
Margaret Reeves
Jack Russell
Earl Wilkinson
None.
The presiding officer thereupon declared that, at least 4 of the members
present having voted in favor of said ordinance, the said motion was carried
and the ordinance finally passed and in effect I _
Attest:
City Cler
ORDINANCE NO. 3 0, 1974
AN ORDINANCE CONCERNING THE SEWER SYSTEM OF THE
CITY OF FORT COLLINS; PROVIDING FOR THE IMPROVE-
MENT AND EXTENSION OF THE SYSTEM AND ISSUING
REVENUE BONDS PAYABLE SOLELY OUT OF THE NET IN-
COME TO BE DERIVED FROM THE OPERATION OF THE
SYSTEM; PRESCRIBING OTHER DETAILS CONCERNING THE
BONDS, THE SYSTEM AND ITS REVENUES, INCLUDING
BUT NOT LIMITED TO COVENANTS AND AGREEMENTS IN
CONNECTION THEREWITH; RATIFYING ACTION PREVIOUSLY
TAKEN CONCERNING SAID BONDS; REPEALING ALL ORDI-
NANCES IN CONFLICT HEREWITH; AND DECLARING,AN
EMERGENCY.
WHEREAS, the City of Fort Collins (herein "City"),
in the County of Larimer and State of Colorado, is a politi-
cal subdivision of the State, a body corporate and politic
and a home -rule city pursuant to Article XX of the Constitu-
tion of the State of Colorado and the Charter of the City
(herein "Charter"); and
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WHEREAS, the City now owns, operates and maintains
a municipal sanitary sewer system (herein "sewer system" or
"system"); and
WHEREAS, the City Council of the City (herein "Coup- c
cil") has determined, and does hereby declare, that the in-
terest of the City and of the inhabitants thereof, and the
public interest and necessity demand the improvement and
extension of the system at a cost which is estimated not to
exceed $2,000,000, excluding any cost to be defrayed from
any source other than bond proceeds (herein "Project"); and
• WHEREAS, excluding bonds for the redemption of which
. full provision has been made, the sole outstanding bonds pay-
er
able from revenues derived from the operation of the system,
Q
or any part thereof, are the City of Fort Collins, Colorado,
Sewer Refunding and Improvement Revenue Bonds, Series June 1,
.
1965, in the outstanding principal amount of $ 1, 7G0,000.00-----___
(herein "1965 herds"), authorized by Ordinances Nos. 15,1965
and 28,1965; and
WHEREAS, except as aforesaid, the City has never
pledged nor in any way hypothecated the revenues derived or
to be derived from the operation of the system for any pur-
pose, with the result that the revenues to be derived from
- the operation of the system may now be pledged lawfully and
irrevocably for the redemption of the bonds herein authorized
(herein "1974 bonds;'); and .
WHEREAS, Article 52 of Chapter 139, Colorado Re-
vised Statutes 1963 (commonly designated as the "Water and
Sewer Revenue Bond Act of Colorado" and herein sometimes
designated merely as the "Bond Act") authorizes the acquisi-
tion, construction, reconstruction, lease, improvement,
betterment and extension of any sewerage facility by the City
and the issuance of revenue bonds to pay in whole or in part
the cost thereof; and
WHEREAS, in order to provide funds with which to
,defray in part the cost of so improving and extending the
system, the City proposes to issue its 1974 bonds payable as
to principal and interest solely out of the net income to be
derived from the operation of the system; and
WHEREAS, pursuant to a resolution passed, adopted,
and signed on the 2nd day of May, 1974, the City has pub-
licly sold the 1974 bonds; and
WHEREAS, the Council has heretofore determined, and
does hereby determine, that the proposal submitted by yq
I
and associates, for the pur-
chase of the 1974 bonds was and is the best proposal, submitted;
and
WHEREAS, the City is not, and has never been, in
default as to any payments required to be made by Section 1.9
of Ordinance No. 15,1965; and
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WHEREAS, the annual revenues derived from the oper-
ation of the sewer system for the Fiscal Year immediately
preceding'the date of the issuance of the 1974 bonds, i.e.,
the Fiscal Year ending December 31, 1973, have been sufficient
to pay the annual operation and maintenance expenses of the
sewer system for said Fiscal Year, and, in addition, suffi-
cient to pay an amount representing one hundred thirty per
cent (130%) of the combined maximum annual principal and in-
terest requirements of the outstanding revenue bonds and other
obligations of the City payable from and constituting a lien
upon revenues of the sewer system (excluding any reserves
therefor) and excluding from such revenues any sewer trunk
line assessments, sewer main line assessments, sewer tap fees
and plant investment fees, all of which the City has deter-
mined not to include in the gross revenues of the system; and
WHEREAS, the estimated annual revenues to be de-
rived from the operation of the sewer system for the twelve
months immediately succeeding the completion of the facilities
to be acquired with the proceeds of the 1974 bonds, reduced by
an amount equal to 25% of estimated revenues to be derived
from the proposed facilities to be acquired with the pro-
ceeds of the 1974 bonds, are in an amount equal to the sum
of the following: (1) the estimated operation and mainte-
nance expenses of the sewer system for said twelve months,
and (2) an amount representing one hundred thirty per cent
(130%) of the combined maximum annual principal and interest
requirements of the outstanding revenue bonds and other ob-
ligations of the City payable from and constituting a lien
upon revenues of the sewer system, and the 1974 bonds pro-
posed to be issued (excluding any reserves therefor); and
WHEREAS, a preliminary written certification by a
Consulting Engineer (except the City Engineer) that the said.
estimated revenues and that said annual revenues, when ad-
justed as provided in Ordinance NO. 15,1965, are sufficient
to pay said amounts was submitted to the Fiscal Agent for
review at least 30 days prior to the adoption of this author-
izing ordinance; and
WHEREAS, therefore, the provisions and requirements
of Ordinance No. 15,1965, for the issuance of parity lien
bonds, have been fully met and satisfied and the revenues to
be derived from the system may now be pledged lawfully and
irrevocably for the redemption of the 1974 bonds payable from
revenues derived from the operation of the system.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF FORT COLLINS:
Section 1. Short Title. This ordinance may be
designated by the short title "6-1-74 Sewer Revenue Bond
Ordinance."
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Section 2. Meani.ngs andConstruction. The terms in
this section defined for all purposes of this ordinance and
Of any ordinance amendatory hereof or supplemental hereto,
or relating hereto, and of any instrument or document apper-
taining hereto, except where the context by clear implication
Otherwise requires, shall have the meanings herein specifed:
A. Adoption of Certain Definitions in Ordi-
nance No. 15,1965. The meanings assigned to words and
phrases in paragraphs (1), (4), (5), (6), (7), (8), (9),
(1.0), (12), (14), (16), (17), (18), (19), (20), (22), (25),
(26), (27), (28), (30), (31), 144), (45), (47), (48), (51),
(57), (58), (59), (60), and (65), of subsection A, Section 2,
Ordinance No. 15,1965 shall be fully applicable here-
under; the provisions of said paragraphs arehereby
adopted by reference thereto as if set forth verbatim
in full in this ordinance; and the other definitions
of this ordinance shall apply to such provisions as so
incorporated.
B. Other Definitions.
(1) "Bond Fund" or "1.974 Bond Fund"
means the special account designated as the "City
of Fort Collins, Colorado, Sewer Improvement Rev-
enue Bonds, Series June 1, 1974, Interest and
Bond Retirement Fund," created in Section 16 hereof.
(2) "Bonds" or "1974 bonds" means the
bonds of that series authorized and issued pursuant
to this ordinance.
(3) "Construction Fund" means the City
Of Fort Collins, Colorado, Sewer. Improvement Reve-
nue Bonds, Series June 1, 1974, Construction and
Other Acquisition Fund," created. in Section 15 hereof.
(4) "Coupons" means those_ authorized and
issued hereunder and evidencing the interest on the
applicable bond or bonds.
(5) "Hereby, "herein," "hereinabove,"
"hereinafter," "hereinbefore," "hereof," "hereto,"
"hereunder," or any similar term refers to this or-
dinance and not solely to the particular portion
thereof in which such word is used; "heretofore"
means before the adoption of this ordinance; and
"hereafter" means after the adoption of this ordinance.
(6) "Minimum Reserve" means the amount to
be accumulated and maintained in the 1974 Reserve
Fund as required by Section 16 hereof..
(7) "1965 Bond Fund" means the "City of
Fort Collins, Colorado, Sewer Refunding and Improve-
ment Revenue Bonds, Series June 1, 1965, Interest
and Bond Retirement Fund" created by Ordinance No.
15,1965.
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(8) "1965 bonds" means bonds of the issue
of the City designated as the "City of Fort Collins,
Colorado, Sewer Refunding and Improvement Revenue
Bonds, Series June 1, 1965," authorized by Ordi-�
nance No. 15,1965.
(9) "1965 Reserve Fund" means the "City
of Fort Collins, Colorado, Sewer Refunding and
Improvement Revenue Bonds, Series June 1, 1965,
. Reserve Fund" created by Ordinance No. 15,1965.
(10) "Project" or "Improvement Project"
means the improvement and extension project herein
authorized, that is, the improvement and extension
of the system.
(11) "Purchaser" means such person or
persons as shall purchase the bonds from the City.
(12) "Reserve Fund" or "1974 Reserve
Fund" means the special account designated as the
"City of Fort Collins, Colorado, Sewer Improvement
Revenue Bonds, Series June 1, 1974, Reserve Fund,"
created in Section 16 hereof.
(13) "Subordinate Bonds" or "subordinate
obligations" means bonds or obligations payable from
revenues of the system subordinate and junior to the
lien of the bonds herein authorized to be issued.
C. Construction. This ordinance, except where
the context by clear implication herein otherwise requires,
shall be construed as follows:
(1) 7)efinitions include both singular
and plural.
(2) Pronouns include both singular and
Plural and cover all genders.
(3) Any percentage of bonds is to be
figured on the unpaid principal amount thereof -
then outstanding.
.. Section 3. Ratification. All action heretofore
taken (not inconsistent with the provisions of this Ordinance)
by the Council and the officers of the City directed toward
the Project and the issuance of the City's 1974 bonds for
those purposes, be, and the same hereby is, ratified, approved
and confirmed.
Section 4. Authorization of Project. The system
shall be so improved and extended by the expenditure of not
to exceed $2,000,000, excluding any cost of the Project de-
frayed or to be defrayed by any source other than revenue bond
proceeds, and said improvements and extensions have heretofore
been and hereby are authorized, and the Project is hereby so
authorized.
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Section 5. Estimated Cost of Project. The esti-
mated cost of the Project is estimated not to exceed $2,000,000
excluding any such cost defrayed or to be defrayed by any
source other than bond proceeds.
Section 6. Authorization of Bonds. For the pur-
pose of protecting the public health, conserving the prop-
erty and advancing the general welfare of the citizens of the
City, and for the purpose of defraying the cost of the Proj-
ect, it is hereby declared necessary that the City make and
issue, and there are hereby authorized to be issued, pursuant
�'-
to the provisions of the Bond Act, the 'City of Fort Collins,
Colorado, Sewer Improvement Revenue Bonds, Series June 1,
1974," in the principal amount of $2,000,000, payable both
t�
as to principal and interest solely out of the net income
derived from the operation of the sewer system; and the City
pleages irrevocably, but not necessarily exclusively, such
net income to the payment of the bonds and the interest
•
thereon.
- Section 7. Bond Details. The bonds shall be pay-
able to bearer, shall be dated June 1, 1974, shall consist
of 400 bonds in the denomination of $5,000 each, numbered con-
secutively in regular numerical order from 1 to 400, inclu-
sive, shall bear interest until maturity at the rates herein-
after designated, evidenced by one set of coupons payable to
bearer and attached to the bonds, payable semiannually on
the first days of June and December in each year, commencing
December 1, 1974, and shall be numbered and mature serially
on the first day of December in each of the designated years
and amounts, as follows:
Bond Plumbers Interest Rate Principal Years
(All Inc usive) Per Annum) Ma-Lurinq Maturinq
1 - 2 6,25 $ 10,000 1977
3 - 4 6,25 10,000 1978
5 - 6 6..25 10,000 1979
-
7 - 8 6.25 10,000 1980
9-- 10 6.25 10,000 1981 -
. 11 - 12 6.2S 10,000 1982
13 - 1.4 6.25 10,000 1983
15 - 16 6,25 10,000 1984
17 - 18 6.25 10,000 1985
19 - 54 6, 25= 1801000 1986
55 - 91 ii,2S 185,000 i987 .
92 - 130 6.20 195,000 1988
131 - 170 6,20 200,000 1989
171 - 212 6.20 210,000 1990
7.13 •- 256 6.20 220,000 1991
257 - 302 (� 230,000 1992
H"S 260,000 1993
303 - 350
t
351 - 400 6.40 250,000 1994
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both principal and interest being payable in lawful money of
the United States of America, without deduction for exchange
or collection charges, at the Paying Agent. In the event any
of said bonds shall not be paid at maturity upon presentation
and surrender, it shall continue to draw interest at the rate
of seven per cent (7%) per annum until the principal thereof
is paid in full.
Section 8. Prior Redemption Option. Bonds numbered
15 to 400, inclusive, maturing on and after the 1st day of
December, 1984, shall be subject to redemption prior to their
respective maturities in inverse numerical order, at the op-
tion of the City, on the lst day of June, 1984, or on any in-
terest payment date thereafter, at a price equal to the prin-
cipal amount of each bond so redeemed, accrued interest thereon
to the redemption date, and (A) a premium equal to two per cent
(28) of the principal amount of each bond so redeemed, if re-
deemed on or before December 1, 1988, or (B) a premium equal to
one per cent (19) of the principal amount of each bond so re-
deemed, if redeemed thereafter.
Section 9. Notice of Prior Redemption. Notice of
any prior redemption shall be given by the City Treasurer in
the name of the City:
A. By publication of such notice at least
once, not less than thirty (30) days prior to the
redemption date, in a newspaper, as herein defined;
and
B. By sending a copy of such notice by
registered, first-class, postage prepaid mail, at
least thirty (30) days prior to the redemption date
to Halsey Stuart € Co- Tnc of the
purchasing group.
Such notice shall specify the number or numbers of the bonds,
to be so redeemed (if less than all are to be redeemed) and
the date fixed for redemption; and such notice shall further
state that on such redemption date there shall become due
and payable upon each bond so to be redeemed at the Paying
Agent (by designation), the principal amount thereof and ac-
crued interest to the redemption date, together with the
designated premium, and from and after such date interest
shall cease to accrue. Notice having been given in the man-
ner hereinabove provided, the bond or bonds so called for
redemption shall become due and payable on the redemption
date so designated; and upon presentation, at the Paying
Agent, of such called bond or bonds, together with the appur-
tenant coupons maturing subsequent to the redemption date,
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the City shall pay the bond or bonds so called for redemption.
Section 10. Negotiability. Subject to the provi-
sions expressly stated or necessarily implied herein, the 1974
bonds hereby authorized shall be fully negotiable and shall
have all the qualities of negotiable coupon paper, and the
holder or holders thereof shall possess all rights enjoyed
by the holders of negotiable instruments under the provisions
of the Uniform Commercial Code.
Section 11. Form and Execution of Bonds and Coupons.
A. Method of Execution.
(a) Pursuant to Section 139-52-4(7)y
Bond Act, the Mayor, Director of Finance, and
City Clerk shall each forthwith file with the
Secretary of State his manual signature certi-
fied by him under oath.
(b) Thereafter each of the bonds shall
be executed in the name of and on behalf of the
City and authenticated with the manual signature
of the Mayor, shall be countersigned with the
facsimile signature of the Director of Finance,
and shall be attested with the facsimile signature
Of the City Clerk, with the facsimile of the seal
of the City affixed '"hereto. The interest coupons
appertaining thereto shall be executed and authen-
ticated by the facsimile signatures of said officers.
Said bonds and coupons bearing the signatures of
the officers in office at the time of the signing
thereof shall be the valid and binding obligations
of the City, notwithstanding that before the deliv-
ery thereof and payment therefor any or all of the
persons whose signatures appear thereon shall have
ceased to fill their respective offices. The Mayor
by the execution of the bonds and all of said offi-
cers by the execution of a signature certificate
shall adopt as and for their signatures the facsim-
iles thereof appearing upon any of the bonds or
coupons. In the event that at the time of execut-
ing the bongs or a signature certificate the manual
or facsimile signature of a predecessor in office"
of any otficer appears on the bonds or coupons,
said ufficer may, in like manner, adopt as and for
his own signature the manual or facsimile signature
.of his predecessop
B. Incontestable Recital in Bonds. Pursuant ,
to Section 139-52-13, Bond Act, each of the 1974 reve-
nue bonds shall recite that it is issued under the au-
thority of the Bond Act; such recital shall conclusively
impart full compliance with all of the provisions thereof;
and each bond issued containing such recital shall be
incontestable for any cause whatsoever after its delivery
for value.
Section 12. Special Obligations. All of the bonds,
together with the interest accruing thereon, and any prior
redemption premium, shall be payable and collectible solely
out of the net income to be derived from the operation of
the system, the income of which is so pledged; the holder or
holders thereof may not look to any general or other fund
for the payment of principal of and interest on such obliga-
tions, except the designated special funds pledged therefor;
and such bonds shall not constitute an indebtedness nor a
debt within the meaning of any constitutional, charter, or
statutory provision or limitation; nor shall they be consid-
ered or held to be general obligations of the City.
Section 13. Form of Bonds and Coupons. The bonds
and the coupons appertaining thereto shall be in substantially ,
the following form: _
(Form of Bond)
UNITED STATES OF AMERICA
STATE OF COLORADO COUNTY OF LARIMER
CITY OF FORT COLLINS
SEWER IMPROVEMENT REVENUE BOND
SERIES JUNE 1, 1974
NO. $5,000
The City of Fort Collins (herein "City"), in the
County of Larimer and State of Colorado, for value received,
hereby promises to pay to the bearer hereof, solely from the
special funds provided therefor, as hereinafter set forth,
on the first day of December, 19_, the principal sum of
FIVE TNOUSArD DOLLARS
and to pay from said special funds interest hereon from date
until maturity at the rate of
per cent ( 8)
per anrum, evidenced until maturity by one set of interest
coupons, payable on the first day of December, 1974, and semi-
annually thereafter on the first days of June and Dec=tuber in
1
3;.)
C
33
1
1
1
each-year,•.upon presentation and surrender of this bond anc
-the annexed interest coupons as they severally become due.
If upon presentation at maturity, payment of this bond is not
made as herein provided, interest shall continue at the rate
of seven per cent (7B) per annum until the principal hereof
is paid,in full.. Both principal and interest are payable in
lawful monev of the United States of America, without deduc-
tion for exchange or collection charges, at the office of the
Director of Finance and ex officio City Treasurer, in Fort
Collins, Colorado.
The bonds of the series of which this is one matu-
ring on and after the 1st day of December, 1984, are subject
to prior redemption in inverse numerical order at the option
of the City on the 1st day of June, 19184, or on any interest
payment date thereafter at a price equal to the principal
amount of each bond so redeemed, accrued interest thereon to
the redemption date and (A) a premi,2m equal to two per cent
(20) of the principal amount of .each bond so redeemed if re-
deemed on or before December 1, 1988, or-(B) a premium equal -
to one per cent (It) of.the principal amount of each bond so
redeemed, if redeemed thereafter. Redemption, shall be made
upon not less than thir.ty.,days' prior published and mailed
notice in the manner and upon the conditions provided in the
ordinance authorizing the issuance of this bond.
This bond does not constitute a debt nor an indebt-
edness of the City within the meaning of any constitutional,
charter, or statutory provision or limitation, shall not be
.considered or held to be a general obligation of the City,
and is payable and collectible solely out of the net income
derived from the operation of the City's municipally owned
sewer system (herein "system"), the income of which is so
pledged; and the holder hereof may not look to any general
or other fund for the payment of the principal of and inter-
est on this obligation, except the special funds pledged
therefor. Payment of the bonds of the series of which this
is one and the interest thereon shall be made solely from,
and as security for such paydtent there are pledged, pursuant
to the 6-1-74 Sewer Revenue Bond Ordinance, two special funds
identified as the"City of Fort Collins, Colorado, Sewer Improve-
ment Revenue Bonds, Series June 1, 1.974, interest and Bond
Retirement Fund," and as the "City of Fort Collins, Colorado,
Sevier Improvement Revenue Bonds, Series June 1, 1974, Reserve .
Fund," into which funds the City covenants to pay respectively.,
from the revenues derived from the operation of the sever sys-
tem, as therein defined, after provision only for all neces-
sary and reasonable expenses of the operation and maintenance
of the system, suns sufficient to pay when due the principal
334
of and the interest on the bonds of the series of which this
is one and of any series on a parity therewith and to create
and maintain a reasonable and specified reserve for such purpose.
For a description of, said funds and the nature and extent of the
security afforded thereby for the payment of the principal of
and the interest on said bonds, reference is made to said ordi-
nance. The bonds of the series of which this is one are equit- -
ably and ratably secured by a lien on the net revenues of the
system, as therein defined; and said bonds constitute an irrevo-
cable and first lien (but not necessarily an exclusively first
lien) upon said net revenues, on a parity with the lien thereon
of the outstanding City of Fort Collins, Colorado, Sewer Refund-
ing and Improvement Revenue Bonds, Series June 1, 1965. Bonds
in addition to the series of which this is one, subject to ex-
pressed conditions, may be issued and made payable from said net
revenues of the system and having.a lien thereon subordinate
and junior to the lien, or subject to additional expressed
i
i
conditions, having a lien thereon on a parity with the lien, of .
the bonds of the series of which this is one, in accordance with
the provisions of said ordinance. -
This bond and the other bonds of the series of which
it is a part are issued under the authority of Article 52,. Chap- '
ter 139, Colorado Revised Statutes 1963, including all pres-
ently existing amendments, which act is commonly designated as
the "Water and Sewer Revenue Bond Act of Colorado"; pursuant to
Section 139-52-13 thereof such recital conclusively imparts
full compliance with all provisions of said Act; and this bond
issued containing such recital is incontestable- for any cause
whatsoever after its delivery for value.
The City covenants and agrees with the holder of
this bond and with each and every person who may become the
holder hereof that it will keep and perform all of the cove-
nants of said ordinance, including, without limiting the
generality of the foregoing, its covenants that it will fix,
maintain and collect rates for services rendered by _the sys- -'
tem sufficient to produce revenues or earnings sufficient to
pay the annual operation and maintenance expenses and an
amount equal to one hundred thirty per cent (130%) of the
combined maximum annual principal and interest requirements
of the bonds and any other obligations payable annually from
any revenues of the system (excluding the reserves therefor).
This bond is one of a series of bonds of like tenor,
amount and date, except as to number, purpose, interest rate,
prior redemption option and maturity, issued for the purpose
of the improvement .and extension of the City's municipally
owned and operated sewer system. The bonds of said series.
are issued in conformity with the Constitution and laws of
77A
33•,
the State of Colorado, the Charter of the .City, and the
6-1-74 Sewer Revenue Bond ordinance of the city duly passed
and adopted prior to the issue hereof.
This bond is subject to the condition, and every
holder hereof by accepting the same agrees with the obligor
and every subsequent holder hereof, that (a) the delivery of.
this bond to any transferee shall vest title in this bond
and in the interest coupons attached hereto in such trans-
feree to the same extent for all purposes as would the de
OD livery under like circumstances of any negotiable instrument
�payable to bearer; (b) the obligor and any agent of the
�► obligor may treat the bearer of this bond as the absolute .
owner hereof for all purposes, and shall not be affected by
any notice to the contrary; (c) the principal of and the
- interest on this bond shall be paid, and this bond and each
-
of the coupons appertaining thereto are transferable, free
from and without regard to any equities between the obligor
and the original or any intermediate holder hereof, or any
setoffs or cross -claims; and (d) the surrender to the obligor
or any agent of the obligor of this bond and of each of the
coupons shall be a good discharge to the obligor for the same.
• It is further certified, recited and warranted that
all the requirements of law have been fully compliedwith by
the proper officers of the City in the issue of this bond.
IN WITNESS WHEREOF, the City of Fort Collins has
caused this bond to be executed and authenticated in its
name with the manual signature of the Mayor of the City of
Fort Collins and countersigned by the facsimile signature
of the City's Director of Finance and ex Officio City Trea-
surer, and attested with the facsimile signature of the City
Clerk, has caused the facsimile of the seal of the City to
be affixed hereon, and has caused the interest coupons apper-
taining hereto to be executed with the facsimile signatures
Of said officers, all as of the first day.of June, 1974.
CITYgFORT COLLIN�
IIy (Manual Sig ature) i
(FACSIMILE SEAL) Mayor 1
ATTEST:
-(Facsimile Signature) _
city clerk
Countersigned:
(Facsimile Signature)
Director of Finance
336-.
(Form of Coupon). ..
Coupon
No. $ s
June,
On the first day of December, 19 unless the bond
to which this coupon is attached, if callable prior to said
date, is called for prior redemption, the City of Fort Collins,
in the County of Larimer and State of Colorado, will pay to
bearer in lawful money of the United States of America at the '
office of the Director of Finance and ex of£icio City Trea-
surer, in Fort Collins, Colorado, the amount herein stated
i
solely from and secured by a pledge of special funds created
from the net revenues derived from the operation of the sewer
system of the City, and providing for the payment of six
months' interest on its City of Fort Collins, Colorado, Sewer 1
• Improvement Revenue Bond, Series June 1, 1974, and bearing
Bond.
l
No.
(Facsimile Signature)
,. Mayor
(Facsimile Signature)
City Clerk
i
(Facsimile Signature)
Director of Finance
- Section 14.. Bond Preparation Execution and Deliv
ery,. The Mayor, City Clerk and Director of Finance are hereby
authorized and directed to prepare and execute the bonds as
- herein provided.- When the bonds have been duly executed and
sold, the Director of Finance shall deliver them to the Pur-
chaser on receipt of the agreed purchase price.
Section 15. Disposition of Bond Proceeds.
A. Accrued Interest and Premium. All moneys
received as accrued interest at the time of delivery of
the bonds from the sale thereof and any premium therefor
shall be deposited into the Bond Fund, to apply on the
Payment of interest next due on the 1974 bonds payable
therefrom.
B. Construction Fund. All other proceeds re-
ceived from the sale of the bonds shall be deposited
promptly upon the receipt thereof in a separate account
hereby created and to be known as the "City of Fort
Collins, Colorado, Sewer Improvement Revenue Bonds, Ser-
ies June 1, 1974, Construction and Other Acquisition
VkA
14
33 7-
Fund" (herein "Construction Fund"). The moneys in the
Construction Fund, except as herein
otherwise specifi-
cally provided, shall be used and paid out solely for
the Project. Moneys shall be withdrawn from the Con-
struction Fund for the Project only upon vouchers or
checks drawn and signed by the Director of Finance and
the Assistant Director of Finance. The account hereby
- created in this paragraph H of Section 15 hereof, may
be maintained as an account in the City's existing
Sewer Capital Improvement Fund, but shall be separately
accounted for.
C. Completion of Project. When the improve-
a
ment Project shall have been completed in accordance
with such plans and specifications, and when all amounts
due therefor, including all proper incidental expenses,
shall have been paid, the Consulting Engineer shall file
_
with the Director of Finance a certificate so stating.
D. Investment and Tax Exemption. Except as
.
herein otherwise provided, the proceeds derived from
the sale of the bonds shall be applied solely to the Proj-
ect. Pending such application the bond proceeds may be
invested in such manner as is permitted in Section 17
'
y
hereof; but the City hereby covenants for the benefit of
i
each holder of the bonds that:
(1) Bond proceeds shall not be invested
in such.manner as to result in the loss of exemp-
tion from federal income taxation of interest on
the bonds;
-
(2) Such sums constituting in the aggre-
gate a major portion or more of the proceeds of
the bonds shall not be invested directly or indi-
rectly in taxable obligations so as to produce an
adjusted yield (including permissible adjustments
for any premiums, discounts and costs), which is
materially higher than the adjusted yield of the
bonds and which results in the bonds constituting
taxable "arbitrage bonds' within the meaning of
g 103(d), Internal Revenue Code of 1954, as amended
by 5 601(a), Tax Reform Act of 1969 (83 Stat. 656),
'
any subsequent amendments, ar.d the Income Tax Reg-
ulations issued thereunder;
(3) The City shall make no use of the
'
proceeds of the bonds which will cause them to be
such arbitrage bonds;
(4) The covenant in this section imposes
an obligation on the City to comply with the require-
ments of S .103(d) of such Code and such Income Tax
Regulations; but
L _1
(5) Such sums may be otherwise invested
if and when such act and regulations permit the
investment to be made in the manner made without
causing the bonds to become such arbitrage bonds.
E. Purchaser Not Responsible. Any purchaser
- of the bonds herein authorized, however, shall in no man-
ner be responsible for the application or disposal by.
the City or by its officers of the funds derived from
the sale thereof or of any other funds herein designated.
Section 16. Administration of Sewer Fund. So long
. as any of the bonds hereby authorized shall be outstanding,
either as to principal or interest, or both, the following
payments shall be made from the separate account known
as the "City of Fort Collins, Colorado, Sewer System Gross
Income Fund" (created by ordinance No. 15,1965 and herein
sometimes designated as the "Sewer Fund" or as the "Income
Fund");
A. O. & M. Expenses.. Firstly, as a first
charge thereon, there shall continue to be set aside
from time to time moneys sufficient to pay operation
- and maintenance expenses of the system as they become
due and payable, and thereupon they shall be promptly
paid. Any surplus remaining at the end of the Fiscal
Year and not needed for operation and maintenance ex-
penses shall be transferred to the Sewer Fund and be
used for the purposes thereof, as herein provided.
'B. 1965 Bond and Reserve Funds. Secondly,
and subject to the aforesaid provisions,- from any .�'.
moneys remaining in the. Sewer Fund, from. from. the
net income of the system, there shall continue to be
deposited into the 1965 Bond Fund and 1965 Reserve Funds,
respectively, the monthly payments required by Section
19 of Ordinance No. 15,1965, as such section is supple-
mented and qualified by the remainder of Ordinance No.
15,1965.
C. 1974 Bond Fund. Thirdly, and subject to
the aforesaid provisions but concurrently with the
monthly payments required by paragraph B of this sec-
tion, from said moneys remaining in the Income Fund,
i.e., from the net income of the system, there shall
also be. deposited into a separate account hereby created
and to be known as the "City of Fort Collins, Colorado.,
Sewer Improvement Revenue Bonds, Series June 1, 1974,
Interest and Bond Retirement Fund" (herein sometimes-
" referred to as the "1974 Bond Fund" or as the "Bond
Fund"),.the following:
[1
i
338
4
339.
.� (1) Monthly, commencing on the 1st day
Of July, 1974, an amount in equal monthly install-
ments necessary, together with any moneys therein
and available therefor, to pay the next maturing
installment of interest on the 1974 bonds then out-
standing, and monthly thereafter commencing on said
r interest payment date one -sixth of the amount neccs-
sary to pay the next maturing installment of inter-
est on the outstanding 1974 bonds.
(2) Monthly, commencing on the 1st day
00 of January, 1976 one -twelfth of the amount neces-
' nary to pay the next maturing installment of prin-
cipal on the 1974 bonds.
Q D. 1974 Reserve Fund. Fourthly, but concur-
rently with the payments required by paragraphs B and C
of this section, except as provided in paragraphs E and
F of this section, from any moneys remaining in the Sewer
Fund, there shall be set aside and paid monthly, commenc-
ing on the lst day of July, 1974, at least $2 3no 00
per month into a separate account hereby created and to
be known as the "City of Fort Collins, Colorado, Sewer
Improvement Revenue Bonds, Series June 1, 1974, Reserve
Fund" (herein sometimes referred to as the "1974 Reserve
Fund" or as the "Reserve Fund"), until a reserve has been
accumulated in an amount equal to not less than $276,000,00
_ (herein sometimes designated as the "Minimum Reserve").
After the Minimum Reserve has been accumulated, such amounts
or amount, if any, shall be deposited monthly, from any
moneys remaining in the Sewer Fund., into the 1974 Reserve
Fund necessary to maintain the Reserve Fund as a continuing
reserve in an amount not less than the Minimum Reserve
to meet possible deficiencies in the 1974 Bond Fund.
No payment need be made into the 1974 Reserve Fund so
long as the moneys therein shall equal not less than
the Minimum Reserve. The moneys in the 1974 Reserve
Fund shall be accumulated and maintained as a continu-
ing reserve to be used, except as hereinafter provided
in said paragraph E and F of this section, only to pre-
vent deficiencies in the payment of the principal of
and the interest on the bonds hereby authorized result-
ing from the failure to deposit into the 1974 Bond Fund
sufficient funds to pay said principal and interest as
.. the same accrue.
E. Termination upon Deposits to Maturity. No
payment need bemadeinto the 1974 Bond Fund, the 1974
Reserve Fund, or both, if the amount in the 1974 Bond Fund
and the amount in the 1974 Reserve Fund total a sum at
least_ equal to the entire amount of the 1974 bonds out-
standing, both as to principal and interest to their re-
ppec xvee maturities, and both accrued and not accrued[
T1 W 11 h I'-.....,...____ t,.... F__A_ AZ,,i t ai
34 0 -
least equal to such principal and interest requirements
shall be used solely to pay such as the same accure,
.and any moneys in excess thereof in said two funds and
any other moneys derived from the operation of 'the sys-
tem may be used in any lawful manner determined by the
City Council.
F. Defraying Delinquencies in Bond Fund and
Reserve Fund. If, in any month, the City shall, for any
reason, fail to pay into the 1974 Bond Fund the full
amount above stipulated from the net income of the sewer
system then an amount shall be paid into the 1974 Bond
Fund in such month from the 1974 Reserve Fund equal to
the difference between that paid from said net income and
the full amount so stipulated. The money so used shall
be replaced in the 1974 Reserve Fund from the first rev-
enues thereafter received from the operation of the sys-
tem not required to be otherwise applied by paragraphs
..A, B, C, D and G of this section, but excluding any pay-
ments required for any subordinate obligations. In the
case other bonds or other obligations are outstanding
any lien to secure the payment of which on the net rev-
enues of the system is on a parity with the lien thereon
of the 1974 bonds, and the proceedings authorizing the
issuance of those obligations require the replacement
of moneys in a reserve fund therefor, then the money
replaced in the 1974 Reserve Fund and each such other
.reserve fund shall be replaced on a pro rata basis as _
moneys become available therefor. If, in any month,
the City shall, for any reason, fail to pay into the
Reserve Fund the full amount above stipulated from the
net income of said sewer system, the difference between
the amount paid and the amount so stipulated shall in
a like manner be paid therein from the first revenues
thereafter received from the operation of the system
not required to be otherwise applied by paragraphs A,,
B, C, D and G of this section, but excluding any pay-
ments required for any subordinate obligations. The
moneys in the 1974 Bond Fund and the 1974 Reserve Fund
shall be used solely and only for the purpose of paying .
the principal of and the interest on the bonds issued
hereunder; provided, however, that any moneys at any
time, in excess of the Minimum Reserve in the 1974 Re-
serve Fund may be withdrawn therefrom and used as herein
I.
C
k
3, 41-
1
go
1
1
provided for the redemption of bonds hereby authorized
as they become due or on any redemption date; and pro-
vided that any moneys in the 1974 Bond Fund and the
1974 Reserve Fund in excess of accrued and unaccrued
principal and interest requirements to the respective
maturities of the bonds outstanding may be used as
hereinabove provided in paragraph B of this section.
G. Payment for Additional obligations.
Fifthly, but either subsequently to or concurrently
with the payments required by paragraphs C and D of
this section and as provided in Section 18 hereof,
any balance remaining in the Sewer Fund, after making
i the payments hereinabove provided, shall be used by
the City for the payment of interest on and the prin-
cipal of additional bonds or other obligations here-
after authorized to be issued and payable from the
revenues of the sewer system, including reasonable
reserves therefor, as the same accrue; provided that
the lien of such additional bonds or other obligations
on the net income and revenues of the system and the
pledge thereof for the payment of such additional
obligations shall be on a parity with, or subordinate
to, the lien and pledge of the bonds herein author-
ized, as hereinafter provided.
H. Use of Sewer Revenues. After making the
payments hereinabove required.to be made by paragraphs
A to G, inclusive, of this section, any remaining in-
come and revenues derived from the operation of the
sewer system in the Sewer Fund, shall be used for any
one or any combination of purposes, as follows:
(1) For the payment of the interest on
and principal of general obligation bonds, debt and
other obligations, if any, incurred in the acquire -
went, construction and improvement of the sewer
system,
(2) For the purchase in the open market
of the 1974 bonds or any other outstanding bonds
or other obligations incurred for any such purpose
or purposes and payable from any revenues of the
sewer system, at the best price obtainable, not,
however, in excess of the call price therefor then
applicable, or if none be then applicable, not in
excess of a reasonable price therefor,
3 -2
(3) For the prior redemption of the 1974
bonds or any other outstanding bonds or other obli-
gations incurred for any such purpose or purposes
and payable from the revenues of the system, in ac-
cordance with the provisions of the bonds or. other
obligations and the ordinance authorizing their
issuance, including but not necessarily limited to
this ordinance, but not in excess of a price at
which such bonds or other obligations can be pur-
chased in the open market,
(4) For the improvement and extension of
the sewer system,
(5) For any other lawful purpose or pur-
poses authorized by the Constitution and laws of
the State of Colorado and the resolutions, ordinances
and Charter of the city, as the same may be amended
from time to time, _
as the City Council at its option may from time to time
.determine and direct.
Section 17. General Administration of Funds. The
funds and accounts designated in Sections 15 and 16 hereof
and in Section 18 of Ordinance No. 15,1965 shall be adminis-
tered as follows.
A. Places and Times of Deposits. Each of said
funds and accounts shall be maintained and accounted for
separately from all other funds and accounts and shall.be
deposited in an Insured Bank or Insured Banks as deter-
mined and designated by the city Council (except as other-
wise expressly stated herein), but each fund and account
need not necessarily constitute a.separate bank account.
Each bank account shall be continuously secured to the
fullest extent required or permitted by the laws of
Colorado for the securing of public funds, and shall be
irrevocable and not withdrawable by anyone for any pur-
pose other, than the respective designated purposes. Each
monthly payment shall be made into the proper account
on the first day of each month, except that when the
first day of any month shall be a Sunday or a legal hol-
iday, then such payment shall be made on the next pre-
ceding secular day. Notwithstanding any other provision
herein to the contrary, moneys shall be credited with.
the Paying Agent at lest five days prior to each inter-
est payment date herein designated sufficient to pay the
interest and any prinl4pal then becoming due on the bonds.
1
1
342•
343.
B. Investment of Moneys. Subject to the
provisions of Section 15, D, hereof, any moneys in
any said account not needed for immediate use, may be
,. invested or reinvested by the Director of Finance in
Federal Securities which shall be subject to redemp-
tion at face value by the holder thereof at the option
of such holder, or which shall mature not later than
t0 ten years from the date of such investment; provided,
however, that the maturity of any security which is
not subject to prior redemption at the holder's option
d shall not exceed the estimated date of the probable
expenditure or use of the moneys evidenced by such
security. The Federal Securities so purchased as an
investment of moneys.in any such account shall be
deemed at all times to be a part of said account, and
the interest accruing thereon and any profit realized
therefrom (except from the Construction Fund) shall be
credited to the account to which the investment apper-
tains, and any loss resulting from such investment shall
be charged to such account. Moneys in any said account
not immediately needed as hereinabove providded in this
paragraph B, may also be investedor reinvested .in a
savings account in a state or federal savings and loan
association in Colorado which is a member of the Federal
Savings and Loan Insurance Corporation, so long as the
payment of such account is fully secured under the appro-
priate federal law. The Director of Finance shall pre-
sent for redemption or sale on theprevailing market any
Federal Securities so purchased as an investment of moneys
,in the fund or account whenever it shall be necessary to
do so in order to provide moneys to meet any payment or..
transfer from such account.
C. Character of Funds. The moneys in any
account herein authorized shall consist either of lawful
money of the. United States of America, or Federal Secu-
rities, or both such money and such securities. Moneys
deposited in a demand or time deposit account in, or
evidenced by a certificate of deposit of, an Insured
Bank, or deposited in a savings account pursuant to the
' next preceding paragraph B hereof:, shall be deemed law-
ful money of the United States of America.
Section 18. Bond Liens and Additional Bonds. Ex-
cept as hereinafter provided, the lien. of the 1974 bonds and
A
343
of future bonds shall be in all respects as provided in Sec-
tions 21 to 31, inclusive, of Ordinance No. 15,1965, future
bonds shall be issued in accordance with the provisions and
limitations thereof, the provisions of said sections are
hereby adopted by reference thereto as if set forth verbatim
in full in this ordinance and as so incorporated, the defin-
itions of this ordinance shall apply thereto; provided, how-
ever, that each reference in said sections to "1965 bonds"
or "1965 revenue bonds" shall be construed for purposes of
this. ordinance as referring to the 1974 bends; and the ref-
erence to Section 19 shall be construed for purposes of this
ordinance as referring to Section 16 of this ordinance.
- Section 19. Particular Covenants of the City. Ex-
cept as hereinafter provided, the provisions of Section 32
of Ordinance No. 15,1965, shall constitute covenants and
agreements between the City and the holders of the 1974 bonds
and coupons, the provisions of said sections are hereby
adopted by reference thereto as if set forth verbatim in
full in this ordinance and. as so incorporated, the defini-
tions of this ordinance shall apply thereto; provided, how-
ever, that:
A. All references in said section to re-
funding bonds and provisions in relation thereto .
- are excepted from such incorporation by reference;
B. Each reference in said section to the
1965 bonds shall be construed for purposes of this
ordinance as referring to the 1974 bonds;
C. The reference in paragraph A(2)= of said
section to $2,200,000 shall be construed for purposes
of this ordinance as $2,000,000;
• _ D. Each reference in said section to Sec-
tion 19 shall be construed for purposes of this or-
dinance as f
re erring to Section 16; and --,.
E. Each reference in said section to Sec-
tions 23 to 31 shall be construed for purposes of this
ordinance as referring to Section 18.
Section 20. Miscellaneous. The provisions of
Sec-tions 34 to 43, inclusive, of Ordinance No. 15,1965, shall be
fully applicable hereunder, the provisions of said sections
are hereby adopted by reference thereto as if set forth ver-
batim in full in this ordinance and as so incorporated, the
definitions of this ordinance_ shall apply thereto.
1
a
344
It 34
1
00
Wa
1
Section 21. Emergency; Publication; and Effective
Date. There ai:e existing conditions, hereinafter described,
actually arising from unforeseen contingencies which i.smed-
iately endanger public property, health, peace and safety:
The City has received an abatement order from the Water Pol-
lution Control'Board of the State of Colorado requiring the
City to bring its sewage discharge into compliance by July 1,
1974, or to cease operating a sewer utility. The consumma-
tion of the sale and delivery of the bonds herein authorized
must take place at the earliest possible date if the City is
to have a reasonable expectation of taking affirmative 'ac-
tion in time to satisfy the State's requirements.
Therefore, this ordinance is immediately necessary
on account of such emergency and immediately upon its ,final
passage this ordinance shall take effect and thereupon shall-
' be numbered and recorded in the Ordinance Record, authenti-
cated by the signatures of the Mayor and of the City Clerk,
shall be published in the Win,.t r*Qj jt,,. C.,�,s ac-_, a
newspaper of the City published and of general circulation
therein within 5 days after passage and such publication shall
also be authenticated by the signatures of the Mayor and City
Clerk.
INTRODUCED, PRESENTED AND FINALLY PASSED THIS GTB
DAY OF JUNE, 1974.
(SEAL)
ATTEST:
City Clerk
Mayor
Emergency Ordinance: June 6, 1974 (Vote: Yeas: 6, Nlays: 0)
Published: June 11, 1974
Attest:
C1t- y Clerk--
1.
Council then recessed for an Executive
session to discuss personnel. matters
The following citizens spoke at the Council meeting.
1• Opal Sondburg1 120 South Grant, W1110 spoke to the dogs at large problem
in the area (this item referred to the administration).
2. D4r. Andy Anderson who addressed the Council on Exotic pets.
Clark's Hall 14arkCards receipt of Merchant
of the Month Award
Fire Chief Ed Yonker recognized Mrs. Conley for her support of the fire
prevention program. Mrs. Conley received the award on behalf of Clark's
Hallmark Cards, 146 South College Avenue.
Progress report on Storm Sewer District
No. 15 continued to Jame 27,1974.
City Manager Brunton spoke to the progress on this district, adding that
approval from the Railroad Companies has not been obtained to date.
Director of Community Development, Roy A. Bingman, spoke to the alter-
natives in attempting to reduce the cost, possibly by the use of detention
pond or other methods for the City at large to pay a greater share of the
cost of imporvements. -
City Manager Brunton stated it was hoped to get' this item down to 500 of the
cost, depending upon the full cooperation of both railroads. The recommendation
of the administration was to table this item until the June 27, 1974 meeting
for an extended hearing; and have another meeting with area residents. '
:Attorney Tom Metcalf representing, most of the concerned people in the area,
requested that this item be tabled to a later date until the questions are
answered.
Mr. Kenneth Kilborn, 142 Pikes Peak, also spoke in favor of tabling the
item to a time certain when all the questions have been resolved.
Councilwoman Preble made a motion, seconded by Councilman Wilkinson, to con-
tinue the hearing to June 27, 1974. Yeas: Council members Bowling,
Fead, Preble, Reeves, Russell and Wilkinson. Nays: None.
Report of City Engineer regarding Street
Improvement District No. 69
City Engineer, Don Parsons, spoke at length to the report (complete report in
Central Files) having to do with the differences in assessments for
various streets, the attempt to equalize the assessments by increasing the
City's share of the project and the recommendation that the City absorb all
the right-of-way costs and the cost of reconstructing the retaining wall
at the northeast corner of Stuart Street and Lemay Avenue. Mr. Parsons
also spoke to the agreement with International Investments, now agreed
upon for payment of the full assessment for improvements adjacent to his
property.
Speaking in opposition to the forming of the District were the following: ,
1. Attorney Ronald H. Strahle, representing Mr. Edwin A. Miller and R.M.
Flinn; also, the Highlander Heights Corporation.
346
34.7:
I
2. Attorney Gary Davis, representing Mr. E. P. Michaels, spoke in
opposition to the forming of the district.
3.. Mr. Gary Maciel, 1501 East Lake, requested comment on the type of streets
being planned.
4. Mr. Donald Weixelman, 1509 East Lake, spoke to the proposed street
width.
5. Maxine Maciel, 1501 East Lake, addressed the street width (501) also.
�0 6. Floyd Wernimont, 1509 Buckeye otreet, expressed concern about diverting
00 truck traffic off Prospect Street and speed limits as regards the
school area.
d 7. Duane Johnson, 1629 Lemay Avenue, inouired into the assessment per
foot and expressed an obiection to the sidevalk width.
Resolution adopted.. regarding Street
Improvement District No: 69
Councilwoman Preble made a motion, seconded by Councilwoman Reeves, to
adopt __ __.._ Yeas: Council members
Bowling, Fead, Preble,"Reeves, Russell and Wilkinson. Nays: None.
' RESOLUTION 7Q
OF THE COUNCIL OF THE CITY OF PORT COLLINS
ADOPTING A REVISED REPORT OF THE CITY ENGINEER
ON THE. ESTIMATES, COSTS AND ASSESSMENTS FOR THE
CITY IMPROVEMENT DISTRICT NO. 69 AND APPROVING
THE REVISED DETAILS AND SPECIFICATIONS FOR SUCH
DISTRICT
WHEREAS, heretofore the City Council, by resolutions, instituted the
formation of Street Improvement District No. 69 and directed the City Engineer
to make a complete survey of said proposed improvement district and to prepare
maps, plans and specifications and estimates of cost of the improvements in
said proposed district, and
WHEREAS, pursuant to notice duly given as required by the ordinances of
the City of Fort Collins, a public hearing was held by the City Council on May 2,
1974, which hearing was duly continued to the next regular Council meeting on
May 16, 1974, at which time the hearing was again duly continued to this date,
and
WHEREAS, as a result of suggestions and objections made at the hearing
by the owners of property affected by such district, the City Council instructed
the City Engineer to make certain changes in the plans and specifications for the
improvements to be installed in such district, and
WHEREAS, the City Engineer has, in accordance with the instructions of
the City Council, made the requested changes in the plans and specifications
and has presented revised plans and specifications for the improvements to be
installed in the district to the City Council, and
347
38
WHEREAS, the City Council has such plans and specifications before.it
and has studied the same and has also reviewed the revised estimates of cost
of the improvements relating to such revised plans and specifications:
1.• The City Council hereby finds and determines that the proposed changes
to the improvements to be installed in the district reflected by the revised
plans and specifications presented by the City Engineer are not substantial
and will result iri reduced costs for the district to be assessed against the
property owners in the district.
2. The revised plans, specifications; and estimate of costs presented
by the City Engineer for the district be, and the same hereby are, accepted and
approved in place of the plans, specifications and estimates of cost heretofore
approved by the City Council in connection with this district.
Passed and adopted at a regular meeting of the City Council held this
Ordinance adopted..on.first reading -
creating'Street Improvement District No. 69
Councilwoman Preble made a motion, seconded by Councilwoman Reeves to adopt .
Ordinance No. 29,. 1974 on first reading. Yeas: Council members Bowling,
Fead, Preble, Reeves, Russell and Wilkinson. Nays: . None.
Request to add funeral homes to the uses
permitted in the PM zone denied
Councilman Russell requested permission to be excused to avoid a possible
conflict of interest.
City Manager Brunton stated the administration had received a request from
the Attorney for the petitioner'to have this matter tabled. However, he
felt that Council should be the body that decided whether this or any other
item should be tabled.
also
Mayor Fead stated the written request/referred to the next item "Consider
petition to rezone the Warren site to RM zone".
Attorney James Beatty, representing the petitioner requested tabling of
both items; stating he was not prepared to present his case at this meeting.
Attorney Tom Metcalf, on behalf of the opponents to both items, stated
they were prepared to proceed.
1
1
Toy
3O
' Council members Bowling, Preble and Reeves spoke in favor of,'proceeding on
this matter s F I ' _ J D r- _ cf.
City Manager Brunton stated, at.,this time, that :the seven day required public
notice has not been given.
,City Attorney March reviewed the process for requiring notice to be. published
and advised the -Council that notice -was not:required on the pending item.;
Councilman Bowling made a motion, seconded by Councilwoman Reeves, to proceed
pp on the request to add funeral homes to the uses permitted in the RM zone.
�0 Yeas: Council members Bowling, Fead, Preble, Reeves and Wilkinson. Nays: None.
X (Councilman Russell out of room)
At this time Attorney Beatty requested that he be allowed to withdraw both
petitions.
Councilman Bowling made a motion, seconded by Councilman Wilkinson, to allow
the Attorney for the petitioner to withdraw his petitions. Yeas: Council
members Bowling, Fead, Preble, Reeves and Wilkinson. Nays: None.(Council-
man Russell out of room)
Councilman Bowling made a motion, seconded by Councilwoman Preble, to pro-
ceed to discuss whether Council would like to change the zone to allow
funeral homes in the RM zone. Yeas: Council members Bowling, Fead,
Preble, Reeves and Wilkinson. Nays: None. (Councilman Russell out of
room)
Councilman Wilkinson stated he felt a funeral home was an establishment
the same as any other business and should be permitted only in a business
zone. Therefore, he would like to see the Planning Staff review the sit-
uation and make some -recommendations. Councilman Bowling approved the
recommendation.
Councilman Wilkinson made a motion, seconded by Councilman Bowling, to not
make any change in the ordinance which prohibits funeral homes in the PM
zone.Yeas: Council members Bowling, Fead, Preble, Reeves and Wilkinson.
Nays: None. (Councilman Russell out of room)
Councilwoman Preble made a=motionseconded by Councilman Bowling to refer
the question of proper zoning for funeral homes back to the Staff and Plan-
ning and Zoning Board for a report. Yeas: Council members Bowling, Fead,
Preble, Reeves and Wilkinson. Nays: None. (Councilman Russell out of
room)
Ordinance adopted on second reading
annexing the Northeast Consolidated
Annexation to the City of Fort Collins
' City Attorney March stated the administration had been negotiating with
the owners of a part of this property (Webster Annexation) regarding
development requirements if the area is annexed to the City. An agree-
ment had been obtained and was read at length and commented on by the
City Attorney (draft copy in Central Files).
350
Councilman' Bowling no e`a motion,'=`seconded'by'�Councilman'Wilkinson,` to
accept the terms of the agreement and authorize the City Manager to
execute it on behalf of the City. Yeas: Council members Bowling, Fead,_
:Preble,-Reeves; Russell and Wilkinson. 'Nays::'=None.
Councilman Bowling made a motion, seconded by Councilwoman Preble, to adopt
t-,)"Ordinance No. 36, 1974 on second reading. "'Yeas: `Council members Bowling,
Fead;+:Preble, Reeves, Russell and Wilkinson: - Nays: '= None. '.`
ORDINANCE NO. 36, 1974.,_
BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO
THE CITY OF FORT COLLINS, COLORADO
WHEREAS, the City of Fort Collins desires to annex the
property more particularly described below; and
WHEREAS, a resolution setting forth the intent of the
City Council.to annex said area has heretofore been adopted;
and
WHEREAS, after notice and hearing as provided for in
Sections 139-21-7 and 139-21=8, Colorado Revised Statutes,
1963, as amended, the City Council has entered its findings
and determinations that the proposed annexation complies
with the provisions of Section 139-21-4, Colorado Revised
Statutes, 1963, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Section 1. That all the territory more particularly
described as situate in the County of Larimer, State.of
Colorado, to -wit:
A tract of land situate in the NE 1/4 of Section -
12, Township 7 North, Range 69 West, the SE 1/4 of
Section 1, Township 7 North, Range 69 West, the SW
1/4 of Section 6, Township 7 North, Range, 68 West,
and the NW 1/4 of. Section 7, Township 7 North,
Range 68 West of the 6th P.M., Larimer County,
Colorado,,which considering the East line of said
i
s
esn
Section 12 as bearing N 89.07' W and with all
' bearings contained herein relative thereto, is
contained within the boundary lines which begin at
_. the East quarter corner of said Section 12, thence
N 89007' W 1090 feet to the Southeast corner of
the East Lincoln Avenue First Annexation, thence N
00*53' E 416.80 feet, thence S 89*36' W 268.87
feet to the East line of Block 12, Buckingham
Place, said point also being the Northwest corner
of said East Lincoln Avenue First Annexation,
thence N 00°53' E 875.87 feet to the South right
of way line of East Linden Street, thence Westerly
1260 feet more or less along the North line of the
Buckingham Place Subdivision to the Northwest
corner.of Block 8 of said Buckingham Place Subdivi-
sion, thence Westerly 50 feet along the North line
of the Buckingham Place Subdivision extended,
thence N 00053' E 60 feet to the North right of
way line of'East Linden Street, thence Easterly
2630 more or less along the North right of way
line of East Linden Street to a point on the West
right of way line of Ninth Street which is 30 feet
West of the East line of the NE 1/4 of said Section
12, thence Northerly along said West line of Ninth
Street 1292.6 feet, more or less, to.the North
line of said Section 12, thence Westerly along
said North line of Section 1`2 301 feet, thence
Northerly and parallel to the East line of the SE
1/4 of Section 1, Township 7 North, Range 69 West,
433.1 feet, thence westerly 15 feet to the Southeast
corner of Lot 5 of the Alta Vista Subdivision of .
Larimer County, Colorado, thence Southwesterly
along the South line of said Lot 5, 125.8 feet,
thence Westerly 40 feet to the Northeast corner of
Lot 6 of said subdivision, thence Southerly 50
feet to the Southeast corner, thence Westerly 125
to the Southwest corner, thence Westerly 15 to the
Northeast corner of Lot 18 of said Subdivision,
thence Southerly 50 feet to the Southeast corner
of said lot, thence Westerly 305 feet along the
South line of -Lots 18 and 19 to the Southwest
corner of the subdivision, thence Northerly along
-the West line of said subdivision 590 feet to the
Northwest corner of said subdivision, thence
Easterly along the North line of said subdivision
610 feet to the Northeast corner of Lot 41, thence
continuing Easterly 15 feet, thence Southerly 200
feet along the Northeast boundary of the subdivision,
' V thence Easterly 361 feet along said boundary to a
point on the East line of Ninth Street, thence
Southerly along said East line 708.1 feet more or
less to a point on the North line of the NW 1/4 of
x
351
2
Section 7, Township 7 North, Range 68 West, thence '
continuing Southerly and parallel to the West line
of said NW 1/4 80 feet, thence Easterly,10 feet to
the Northwest corner of the Anderson Place Subdivi-
sion of Larimer County, Colorado, thence continuing
Easterly along the North line of said Subdivision
313 feet to the Northeast corner of said subdivision,
thence Southerly 1240 feet along the East line of
said subdivision to the Southeast corner, thence
Westerly 313 feet to the Southwest corner of said
subdivision, thence continuing Westerly 10 feet to
the East line of Ninth Street, thence Southerly
along said East line 1321.60 feet, thence Westerly
30 feet to the point of beginning
be and it hereby is annexed to the City of Fort Collins and
made a part of said City, to be known as the Northeast
Consolidated Annexation.
Section 2. That in annexing said territory to the City
of Fort Collins, the City of Fort Collins does not assume ,
any obligation respecting the construction of water mains, o
sewer lines, gas mains, electric service linesstreets or
any other services or utilities in connection with territory
hereby annexed except as may be provided by the ordinances
of .the City of Fort Collins.
Section 3. Within ninety (90) days from the date this
ordinance becomes effective, no building permit shall be
issued for any of the lands herein described unless said
lands have been zoned under the zoning ordinances of the
City.
Introduced, considered favorably on first reading, and
ordered published this 16th day of May A.D., 1974, and to be
352
73 5 3-
' presented for final passage on the 6th day of June A.D.,
1974.
yor
ATTEST:
g30
o pO/ /
c2f
/ City Clerk
1
Passed and adopted on final reading this 6th day of
June A.D., 1974.
ATTEST:
&.LA- U, a -
city cleric
First reading: May 16, 1974 (Vote:'. -Yeas: 6, Nays: 0)
Second reading June 6, 1974 _ . (vote: Yeas: 6, Nays: 0) .
Published May 21 and June 11, 1974. -1
Attest:
City Clerk,
ordinance adopted on first reading
zoning the NortheastConsolidated—
Annexation
City Attorney March stated the Planning and Zoning Board had held`one
hearing and made recommendations; and then held another hearing and changed
the recommendation slightly.
The advertising of the ordinance had been in accordance with the first
recommendation; the change was in the zoning of residential property the first
time as RM and the second time as RL zone.
�53'
354
Director of Community Development, Roy A. Bingman, identified the area in
question and reviewed the Planning and Zoning and Staff recommendations on I
the various zones. Planning Staff member Paul Deibel, also addressed
the recommended zonings.
Councilman Wilkinson inquired if the change in the zoning had been requested •�
by the residents of the area.
Lou Stitzel of Neighbor to Neighbor read a letter from one of the residents,
Mr. and Mrs. Charles Martinez, (letter in Central Files) which did not
address the zoning, but does reveal the feeling that the residents desire
a family atmosphere in the area.
Councilman Russell made a motion, seconded by Councilman Bowling, to amend
Ordinance No. 37, 1974 on Page 2, to change the zoning designation from
RM to RL zone. Yeas: Council members Bowling, Fead, Preble, Reeves,
Russell and Wilkinson. Nays: None.
Councilman Russell made a motion, seconded by Councilman Bowling, to
adopt Ordinance No. 37, 1974 on first reading. Yeas: Council members
Bowling, Fead, Preble, Reeves, Russell and Wilkinson. Nays: None.
Ordinance adopted on second reading as
amended assessing the cost of improvement
in Street Improvement District No. 67
This item had been tabled May 16, 1974.
Councilwoman Preble made a motion, seconded by Councilwoman Reeves, to
remove this item from the table. Yeas: Council members Bowling, Fead,
Preble, Reeves, Russell and Wilkinson. Nays: None.
City Manager Brunton stated the administration has been negotiating i•ith
Mr. Alden T. Hill and if the arrangements were not satisfactory to the
Council, the recommendation would be to table the item so that Mr. Hill
might arrange for a court record to substantiate a court case.
.,.,
City Attorney March spoke to the recommended change in the assessment rate
from 4.04257 to 3.89406 is a mechanical correction to bring it in line
with the actual facts; the other change is to change the assessment -on
the Buckeye Land and Livestock Company property from $5,000.00 to a total
of $1,951.28; the remainder of the property, the lime pit, is being
assessed at $1,000.00.
Councilman Bowling made a motion, seconded by Councilman Wilkinson, to amend
the ordinance in the above particulars. Yeas; Council members -Bowling,
.Fead,"Preble, Reeves, Russell and Wilkinson. Nays: None.
ORDINANCE NO. 24, 1974
BEING AN ORDINANCE ASSESSING THE COST OF IMPROVE- '
MENTS IN STREET IMPROVEMENT DISTRICT NO. 67 AND
PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF
3.5.5-,
WHEREAS, heretofore by appropriate
e
and
resolutions duly adopted by the Council ofdthenCityof Fort
Collins, there was established Street Improvement District
No. 67 for the purpose of installing curb_, gutter, sidewalk,
asphalt pavement and street lights on certain streets and
alleys in the City of Fort Collins, Colorado, all pursuant
to Chapter 16 of the Code of the City of Fort Collins; and
WHEREAS, pursuant to said ordinances and resolutions,
00 said improvements have been installed and accepted by the
00 OD City of Fort Collins', Colorado; and
C7
WHEREAS, upon accepting said improvements, the City
Council adopted the report of the City Engineer respecting
the cost of such improvements and the schedule of assessments
prepared by the City Engineer and ordered notice to be
published as provided in Chapter 16 of the Code of the City
of Fort Collins, which said notice was duly published as
therein provided; and
1
WHEREAS, April 18, 1974, is the date set for the hearing
of complaints and objections and the determinations of the
same and for acting upon an ordinance assessing the cost of
such improvements; and ,-
WHEREAS, all complaints and 'objections in writing filed
by property owners within the District have been considered
by the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF.FORT COLLINS:
Section 1. That the total cost of the improvements in
Street Improvement District No. 67, including the cost of
engineering, legal, publication, interest during construction
and collection, to -wit: $71,940.55, less the,portion of
said cost to be paid by the City of Fort Collins, to -wit:
$23,370.05 is hereby assessed upon the real estate in said
District in accordance with the provisions of Chapter 16 of
the Code of the City of Fort Collins, and the proportion of
said costs assessed upon each lot or tract of land .in said
District shall be as follows: -
355
CURB ANU
Ail^,.UNT
W011 AND AUDRESS
DESCRIPTION
FRONTAGE
PAVEMENT
MOUNT
GUTTER
1e!R
TOTAL
-
IN FEET
ASSESSMENT
FOR -
ASSESSMENT
CORII AND
Asuss IE\r
RATE
PAVEMENT
JUTE PER FT.
GL'1TEIt
Esquivel, Henry
Lot
1,
Blk 7,
Buckingham P1,
FTC.
177.0
$4.72000
$835.44
$3.85000
$681.45
i
201 E. 3rd Street
Less: City Share
for Low valuation
$616.89
J900.00
Fore Collins, Colorado 80521
9712105001
`
Ellis, John C.
Lot
2,
Blk 7,
Buckingham P1,
FTC.
SO.0
4.72000
236.00
3.85000
19.2.50
428.SO
Rt. 1, .50 Palmer Drive
Fort Collins, Colo. 80521
9712105002
Schwindt, George/Freida
Lot
3,
Blk 7,
Buckingham Pl,
FTC.
50.0
4.72000
236.00
3.85000
192.50
428.50
109 3rd Street
Fort Collins. Colo. 80521
9712105003
t
- Trujillo, Joe E.
Lot
4,
Blk 7,
Buckingham PI,
FTC.
50.0
4:72000
236.00
3.85000
192.50
428.50
�213 3rd Street
Fort Collins, Colo. 80521
•.
9712105004
Fcit, Amelia
N 1/2
of Lot
9, Blk 7, Buckingham P1,
135.0
4.72000
637.20
3.8s000
519.7S
:19 E. Linden
FTC.
Less: City's Share for Low
valuation $473.62
$685.33
Fort Collins, Colo. 80521
.'
971210SO05
-
Mawson LuWber C Hardware
P. 0. Box 423
sort Collins, Colo. 80521
/712105007
• t
Lot 7, Blk 7, Buckingham P1, FTC.
r
50.0 4.72000 236.00 3.85000
192.50
428.50
lnmanyPn,FNT n
2 of 13
'
CURS AXO
P':" UNT
NAML' AND ADDRESS
DESCRIPTION
FRONTAGE
PAYE?TENT
AMOUNT
GUI"Il:k
1-:.
TO1AI.
IN FLET
ASSESSMENT
FOR
ASSI:SS'ZNT
'(:b18 AND
ASS6SSM
RATE
PAVEMENT
RATE PER FT.
GO1.1'Lk
Salazar, Daniel, Sr.
Lot 8, Blk 7, Buckingham P1, FTC.
50.0
$4.72000
$236.00
$3.85000
$192.50
$428.5(
229 3rd Street
,
Fort Collins, Colo. 80521
9712105008
r
Moreno, Edward J. C.
S 1/2 of Lot 9 6 10, Blk 7,
90.0
4.72000
424.80
3.85000
346.50
1734 Belmont Avenue
Buckingham P1, FTC
-
Less: City's Share for Low
valuation $204.64
$566.66
Pueblo, Colo. 81004
9712105009
Sanchez, Pete, Jr/Bertha
N 1/2 of Lot 10, Blk 7, Buckingham
45.0
4.72000
212.40
3.85000
173.2S
385.65
217 E. Linden Street
P1, FTC.
Fort Collins, Colo. 80521
_
-
-
9712105010
Moreno, Manuel
Lot 11, Blk 7, Buckingham P1, FTC.,,
45.0
4.72000
212.40
'3.85000
173.25
38S.65
1872 Marlborough Circle
'.
Fort Collins, Colo. 80521
971210SO11
Rivera, Josie
Lot 12, Blk 7, Buckingham Pl, FTC.
45.0
4.72000
212.40
3.85000
173.2S
385.65
433 Roosevelt
Fort Collins, Colo. 80521,
-
971210512
Moreno, Vera R./Manuel A.
Lot 13 6 14, Blk 7, Buckingham P1,
270.0
4.72000
1274.40
3.85000
1,39.50
. 2313.90
205 E. Linden
FTC
Fort Collins, Colo. 80521
_
9712105013
Ambriz, Adolla
Lot 14, Blk 8, Buckingham PI, FTC.
225.0
4.72000
1062.00
3.85000
866.25
'
208 1st Street
Less: City's Share
for Low
valuation $1461.59
$466.66
Fort Collins, Colo. 80521
- 9712106014
R819 JH
... t 3 f 13 W
IM7ROVP:MENT DISTRICT
167 -
BUCKING] NM
_
-
0
CURB AND .
i ' DINT
W
WiE AND ADDRESS
ULSCRIPTIUN
FRONTAGE
PAVLNEN'1'
AMOUNT
GUTTER -
1.6,!
TOTA 1.
.
IN FELT
ASSESSNLYr
FOR
ASSESSMENT
('.'.3 AND
ASSESS?Ii.ni
RATE
PAVLMLNT
RATE PLR FT.
(:0 0 ER.
" Ludlum, Joseph C.
Lot
15,
Blk 7,
Buckingham
P1,
FTC.
50.0
$4.72000
$236.00
$3.85000
$192.50
$428.50
630 Peterson
-
-
Fort Collins, Colo.
80521
9712105015
Holsinger, Floyd J.
Lot
16,
Blk 7,
Buckingham
P1,
FTC.
50.0
4.72000
236.00
3.85000 �
192.50
428.50
415 S. Whitcomb
Fort Collins, Colo.
80521
-
-
9712105016
.. 8ielanski, Jozef/Anna
Lot
17,
Blk 7,
Buckingham
P1,
FTC.
S0.0
4.72000
236.00
3.85000
192.50 -
428.50
220 2nd Street-
, Fort Collins, Colo.
80521
97121050/7
Poudre Valley Natl.
Bank
Also 97121-05-019,
Lots 18
b
19,
100.0
4.72000
472.00
3.85000
385.00
$733.35
212 2nd Street
Blk
7,
Buckingham
P1,FTC.
Less: City's Share
for Low
valuation $123.67
Fort Collins, Colo.
80521
9712105018
Teit, Lcah
Lot
20,
Blk 7,
Buckingham
P1,
FTC:
SO.O-
4.72000
236.00
3.85000
192.50
428.50
208 2nd Street
-
Fort Collins, Colo.
80521
9712105020
Sauers, Carl
Lot
21,
Blk 7,
Buckingham
P1,
FTC.
SO.0
4.72000
236.00
3.85000
192.5
428:50
204 2nd Street
Fort Collins, Colo.
80521
9712105021
Duren, Jesus/1lermelinda
Lot
22,
Blk 7,
Buckingham
P1,
FTC.
177.0
4.72000
83S.44
3.85000
681.45
200 Second Street
Less: City's Share
for Low
valuation .$633.56 -
d83.33
Fort Collins, Colo.
80521
�- 9712105022
c
-
1r
IMPROUMFNT DISTRICT M67 -
BUCKINGIOW
-
4 of 13
-
CIJRD AND
?':OUNT
:SUiE ANU ADDRESS -
UESCRIP•I.1ON
FI:01T(AGE
1'AVE6;IiNT
AAIOON'f
.GL'i (L'R
TU (.16
IN FLET
ASSESSMENT
FOR
ASSIiSS..,1N*T
(.!1`d A:riD
iSSI.JS:!i
!
RATE
PAVEFIENT
ItNM PER FT.
6: ClUt
Johnston, John G.
Also 97121-05-024, N 1/3
of Lot 5
66.67
$4.72000
$314.68
$3.85000
$256.68
,.
221 3rd Street
L All of 4ot 6, Blk 7, Buckingham
Loss:
.City's Share
for Low valuation
$221.66
$350. OU
.
. Fort Collins, Colo. 80521
P1, FTC.
9712105023
-
McCourt, W. H./Catherine M.
S 33 1/3 Ft. of Lot 5, Elk
7,
33.33 °
4.72000
157.32
3.85000
128.32
285.64
607 S. Grant
Buckingham P1, FTC.
'.
Fort.Collins, Colo. 80521
-•
-
'
9712105025
-.
Jesser, Herbert P.
Lot 1, Elk 8, Buckingham
Pl, FTC.. -
177.0 -
4,72000
835 M
3.85000
681.45
1516.Q9
201 2nd Street
Fort Collins, Colo. 80521
9712106001
-
-
-
Baca, Tom/Edna E/Rudy
Lot 2, Blk 8, Buckingham
P1, FTC.
SO.0
4.72000
236.00
MEMO -
192.50
428.50
313 Cherry
-
Fort Collins, Colo. 80521
-
9712106002
Duron• Jesusita R.
Lot 3, Blk 8, Buckingham
P1, FTC.
50.0
4.72000
236.00
3.85000
192.50
—
209 2nd Street
Less:
City's Share
for Low valuation
$61.84
$366.66
Fort Collins, Colo. 80521
--
9712106003
Inez Romero
Also 97121-06-00S, Lots 4
6 5, Blk
100.0
4.72000
472.00
3.85000
385.00
-I
90 Ingalls
8, Buckingham P1, FTC,
Less:
City's Share
for Low 'valuation
$1S7.00
$700.00
-
Lakewood, Colo. 80226
i
9712106004
Ambrit, Adela Martinez
Lot 6, Elk 8, Buckingham
PI, FTC.
SO.0
4.72000
236:00
3.85000
192.50
'
:08 1st Street
Less:
City's Share
for Low valuation
$45.17
$383.33
Fort Collins, Colo. SOS21
-
-
-
9712106006
-
_
_
1MPROl'1MENT ULSTIIICT N67 - BUCAINGIIAM
X-V-W VU ADDRESS
S of 13
CUVB AND
':: 'JIdT
Q
DESCiti V I1UN FRONTAGE PAVLMENT
AMOUNT GU'; CER
IOV,1.
IN FEET ASSESS?ILNT.
FOR ASSESSMLNT
C4;::0 1W
ASS:,Si;:-M
RATE
PAVLKLNT RATE PER FT.
I'Llt
Elizalde, Frank/Ofelia Lot 7, Blk 8, Buckingham P1, FTC. 50.0
115 2nd Street -
Fort Collins, Colo. 80521
971210bOO7
Lcmos, ?tary _ Lot 8, Blk 8, Buckingham P1, FTC. 50.0
229 2nd Street
Fort Collins, Colo. 80521 -
97121ObOO8
$4.72000
$236.00 -
$3.8S000
$192.50
$428.50
4.72000
236.00
3.85000
192.50
, 428.50
Rodriguez, Guadalupe
Lot
9,
Blk 8,
Buckingham P1, FTC.
225.0
- '4.72000
1062.00
3.85000
866.25
192$.25
121 E. Linden
Fort Collins, Colo..
9712106009
Cardova, Frank
Lot
10,
Blk 8,
Buckingham
P1, FTC.
45.0
4.72000
212.40.'
3.85000
173.25-
385.65
•117 E. Linden
Fort Collins, Colo. 80521
9712106010 -
Baldcrrama, Guadalupe M.
Lot
11,
Blk 8,
Buckingham
P1, FTC.
4S:0
4.72000
212.40
3.85000
173.25
-,
SOS Willow St.
Less: City's Share
for Low
valuation $35AS
$350.00
Fort Collins, Colo. 80521
9712106011.
Barker,Gene
Lot
12;
Blk 8,
Buckingham
P1, FTC.
4S.0
4.72000
212.40
3.8S000
173.25
.385.65
1204 Newsom
-
Fort Collins, Colo. 80521
-
-
9712106012
8
n
IMPRO1'E>IEN'I' uISCRICT 067 - BUCKISGIV01 - 6 of 13
M
N,L�IE ,LVD ADDRESS
8520
Also 97121 O6 023, Lot 16 6 that
80521
80521
0537
80521
80521
SOS21
• i
8R�3�(�fl
Latin American Counci
Christian Churches
P. 0. Box 1205
Broiensville, Texas 7
97121U1i013
Baca, Tom, Jr.
'24 Ist Street
Fort Collins, Colo.
.97L210016
Trujillo, .Jim/Julia
220 1st Street
Fort Collias, Colo.
9712106017
Geist, Ernest
745 Lincoln
Loveland, Colorado 8
97121U6018
knbriz, Cleofas
208 1st Street
__.
Fort Collins, Colo.
9712106019 '
Ambriz,*Adela
208 1st Street
Fort Collins, Colo.
9712106021
Romero, Ralph, Sr.
01 112 Cook Drive
b.-ort Collins, Colo.
9712106024
CURD AND
MOUNT
FRONTAGE
PAVEI-0ENT.
MOUNTNT
GUT7"IiR
FOR
T0TA1.
IN FEET
� ASSESSMENT
FOR
ASSESSMENT
CURB ANU
ASS1iS5Sle�i1
RATE
PAVEMENT
RATE PER FT.
� GU'CI'Cli
Part of Lot 15 Lying S 6 W of Coy
Ditch, Blk 8, Buckingham P1, FTC.
Lot 17, Blk 8, Buckingham P1, FTC.
50.0
4.72000
236.00
3.85000
192.50
'
Less: City's Share
for Low
valuation $78.50
$350. 00
Lot 18, Blk 8, Buckingham P1, FTC.
50.0
- 4.72000
236.00
3.85000
192.50
Less: City's Share
for Low
valuationS195. 17
=233.33-
Also 97121-06-020, Lots 19 6 20, Blk
100.0
4.72000
472. 00
5.65000
355. 00
857.00
8, Buckingham P1, FTC.
-
v
.
Also 97121-Ob-022, Lots 21 8 22, Blk
S. 227.0
4.72000
,071.44
3.85000
873.95
Buckingham P1, FTC.
Less: City's Share
for Low
valuation $1145.39
=800.00
Lot 15, Exc. that part lying S 8 W
18.25
4.72000
86.14
3.85000
70.26
156.40
of Coy Ditch, Blk 8, Buckingham P1,
..
FTC.
W
7•of 13 T
CURB AND
MOUNT
N,WIE AND ADDRESS
DESCRIPTION
'
FRO,NTAGG
PAVEMENT
AMOUNT
GU'171'R
FOR
TOTAL
IN FEET
ASSESSMENT
FOR
ASSESSMENT
CURB AND
ASSESSMENT
.
RATE
PAVEMENT
RATE PER FT.
GUYI Ut
Uer.ning, Charley F/Lorene
Lot
9, Blk 9,
Buckingham PI,
50.0
$4.72000
$23G.00
$3.85000
$192.SO
$428.50
125 2nd Street
FTC.
Fort Collins, Colo.
80521
9712107009
Van Pelt, Charles H.
Lot
10,
Blk
9,
Buckingham
PI,
FTC.
50.d
4.72000
236.00
3.85000
192.50-
.129 E 2nd Street
Loss:
City's Share
for Low valuation $45.17
383.33
Fort Collins, Colo.
80521
971210700
Kissock G Cram, Inc.
Lot
11,
Blk
9,
Buckingham
P1,
FTC.
50.0 -
4.72000
236.00
3.85000
192.50
423.50
P. 0. Box 619 -
Fort Collins, Colo.
80521
9712107011
Scott, Virgil E.
Lot
12,
Blk
9,
Buckingham
P1,
FTC.
SO.0
4.72000
236.00
1.85000
192.50
428.50
156 No. College
Fort Collins, Colo.
80521
971Z107012
Rostek, Ruby
Lot
13,
Blk
9,
Buckingham
P1,
FTC.
SO.0
4.72000
236.00
3.85000
192.50 -
428.So
141 2nd Street
Fort Collins, Colo.
80521
9712107013
Ramirez, Sam S.
Lot
14.
Ilk
9,
Buckingham
PI',
FTC.
177.0
4.72000
83S.44
3.85000
691.45
- 1516.89
134 1st Street
Fort Collins, Colo.
80521
-
-.
9712107U14
Alvarez. Willie
Lot
15,
Rik
9,
Buckingham
PI,
FTC. -
177.0
4.72000.
835.44
3.85000
681.45
IS16.89
144 1st Street
-
.. Fort Collins, Colo.
80S21
9712107015
362
•
i-'r,:T 1115'1'111CT
967 RIG
[•."nj
-
NA.ML AND ADDRESS
Ramirct, Sam/.losic
I.:1 Ist Street
` Fort Collins, Colo.
SOS21
9712107016
'
R4mirr:, Sam/.losic
' 134 1st Street
Fort -Collins, Colo.
80521
9712107U17
Ilcinrich, Katie
'32 1st Street
Fort Collins, Colo.
80521
9712307018
Lozano, :Manuel C.
124 1st Street
Fort Collins, Colo.
80521
_
9712107U19
Heinrich, Katie
"
132 1st Street
Fort Collins, Colo.
80521
9712107U20
Wood, Donald R/Marcile N.
1920 Sheely Drive
_
.
Fort Collins, Colo.
80521
9712107U21
Kisslcr, Conrad/Leah
200 E. Lincoln
-
Fort Collins, Colo.
80521
r
19712108001
a
or Ja
CURB AND
MIOUNr
DESCRIPTION
FRONTAGE
PAVL14ENT
AMOUNT
GUTCLR
FOR
TOTAL
-
IN FLET
ASSESS?iLNT
FOR
ASSESSMENT
CURB AND
ASSESS,;L
RATE
PAVEMENT
RATE PER FT.
GU'17LR
Lot 16,
Blk
9,
Buckingham
Ill, FTC.
50.0
$4.72000
$236.00
$3.85000
$192.50
$428.50
Lot 17,
Blk
9,
Buckingham
P1, FTC.
r
50.0
4.72000•
236.00
3.85000
192.50
428.50
Lot 18.
Blk
9,
Buckingham
Pl, FTC.
50.0
4'.72000
236.00
3.85000
192.S0.
428.50
Lot 19,
Blk 9,
Buckingham P1,
FTC.
50.0
Lot 20,-
Blk 9,
Buckingham P1,
FTC.
SO.0
Also 97121-07-022, Lots 21 4 22, Blk 100.0
9, Buckingham P1, FTC.
Lot 1, Blk 10, Buckingham P1, FTC. 174.0
4.72000 236.00 3.85000
4.72000 236.00 3.85000
4.72000 472.00 3.85000
4.72000 821.28 3.85000
192.50
428.50
192.50
428.50
385.00
857.00
669.90 1491.18
JMI9'Ol"[!_MENT UISTRICT 067 - BUCKISCIIAM
9 of
13
CURB AND
AMOUNT
NX1 ACD ADDRESS
DESCRIPTION
FRONTAGE
PAVEMENT
AMOUNT
GLITTER
FOR '
TOTAL.
IN HET
ASSESSMENT
FOR
ASSESSMENT
CURD AND
ASS'aS:::XI'
RATE
PAVEMENT
RATE PER FT.
GuTTL1,
Noutoka, Chas I•/Llizabeth
Also 97121-07-022, Lots 1 L 2.
174.0
$4.72000
$82k.28
$3.85000
$669.90
$1491.18
172o Esmond Avenue
Blk
9, Buckingham Pl. FTC.
Richnoad, Calif. 94801
9712107001
Martinez, Eliu. B/Della E.
Lot
6, 81k 9, Buckingham Pl, FTC.
174.0
4.72000 '
821.28
3.850DO
669.90•
1491.18
.22 East Lincoln
Fort Collins, Colo. 80521
••
9712107006
"
lla rras, Adam/Nary -
Lot
7, Blk 9, Buckingham P1, FTC.
50.0
4.72000
236.00
3.8S000 -
192,50
428.50
117 Ind Street
'.
Fort Collins, Colorado 80521
-
97/2107007
,
,Rostek, Ruby
Lot
8, Blk 9, Buckingham P1, FTC.
50.0
4.72000
236.00
.3.85000
192.50
428.50
P. U. Box 164
-
Fort Collins, Colo. 80S21"
9712107005
-
Troudt, Kathryn
Lot
6 4 Erly 2.10 Ft.Lot 5, Blk 10,
174.0
4.72000
821.28
3.85000
669.90
1491.18 "
220 E. Lincoln
Buckingham P1, FTC.
Fort Collins, Colo. 80521
9712108000
Cromer, llcrbert/Tessie
Lot
7, Blk 10, Buckingham P1, FTC.
50.0
4.72000
236.00
3.85000
192.50
-
603 Cook Drive.
Less: City's Share
for Low
valuation $61.84
$366.66
Fort Collins, Colo. 80521
'
9711108007
Garza, Florence B.
Lot
8, Blk 10. Buckingham P1, FTC.
SO.0
4.72000
236.00
3.85000
192.50 ..
.428.50
225 hest St.
Fort Collins, -Colo. 80521
9712108008
e
1:TROV1(?IISNT DISTRICT 067 - BUCAINGILLq
:L -1 AND ADDRESS ULSCRIPITON
CURB AND
MOUNT
FRONTAGE PAVEMENT
MOUNT
GUITLR
FOR TOTAL
IN FEET , ASSESSMENT
FOR
ASSESSJILNT
CURL ,AND ASSLSSR
RATE
PAVEMENT
RATE PER FT.
GU'ITLIt
• Lockman, Henry
Lot
9, Blk
10,
Buckingham
P1,
FTC.
50.0
$4.72000
$236.00
$3.8S000
$192.50
$428.50
125 ,rd Street `
Fort Collins, Colo.
80521
-
9712LUSU09
Bet:, Ilenry
Lot
100
Blk
10,
Buckingham
P1,
FTC.
SO.0
4.72000
236.00
3.85000
192.SO
428.50
129 3rd Street
Fort Collins, Colo.
80521
_.
9712108010
Torres, Carlos R.
Lot
11,
Blk
10,
Buckingham
Pl.-FTC.
50.0
4.72000
236.00
3.8S000
192.50
428.50
- - 133 3rd Street
_
- Fort Collins, Colo.
80521
.. 9712108011
-
- Mclendrez, Valentine
D.
Lot
12,
Blk
10,
Buckingham
Pl,
FTC.
50.0
4.72000
236.00
3.85000
191.SO
428.50
• 137 3rd Street.
-
-
Fort Collins, Colo.
80521
.
. - 9712108012
-
Romero, George/Annie
Lot
13,
Blk
10,
Buckingham
pl,
FTC.
50.0
4.72000
236.06
3.8S000
192.50
428.50
141 3rd Street
.__ Fort Collins, Colo.
80521
9712108013
Santistevan, Gus/Ceria
Lot
14,
Blk
10,
Buckingham
P1,
FTC..
177.0
4.72000
835.44
3.95000
681.45 -
1516.8:
- 145 3rd Street
- Fort Collins, Colo.
8OS21
'
' 9712106014
kissock G Cram, Inc.
Lot
1S,
81k
10,
Buckingham
P1,
FTC.
177.0
4.72000
- 835.44.
3.85000
681.45
1516.85
P. 0. Box 619
._ Fort Collins, Colo.
80S21
4• 9712108015
Lamar, Nellie
Lot
16,
Blk
10,
Buckingham
P1,
FTC.
50.0
-. 4.72000
236.00
3.8S000
192.50
428.50
140 2nd Street �
-
Fort Collins, Colo.
.
9712108016
-
-
_
-365
-
V,:PIt01'I:•II7.'IT DISTRICT 167 -
NAME AND ADDRESS
11 of 13
CURB AND AMOUNT
DESCRIPTION FRONTAGE PAVEMENT AMOUNT GLITTER FOR TOTAL
IN FEET ASSESSMENT FOR ASSESSMENT CURB AND ASSE55}iGN'1'
RAPE PAVEMENT RATE PER FT. ' GUTTER
Bigham, .John M/Bertha
Lot
17,
Blk
10,
Buckingham
Pl,
FTC .a
SO.0
$4.72000
$236.00
$3.85000
$192.50
$428.SO
136 211d Street
Fort.Collins, Colo. 80S21
971210S017
..
Rodrigur:, Ed/lathel
Lot
18,
Blk
10,
Buckingham
P1,
FTC,
SO.Q
4.72000
236.00
3.8S000
192.50
428.50
132 2nd Street
'
Fort Collins, Colo. BOS21
9712108018
Feeken, James T/Viola S.
Lot
19,
Blk
10,
Buckingham
PI,
FTC.
SO.0
4.72000-
236.00
3.85000
192.50
428.SO
524 Stover
Fort Collins, Colo. 80521
971210SU19
' Duron, .Jesus R/Ilermelinda
Lot
20,
Blk
10,
Buckingham
Pl,
FTC.
50.0
4.72000
236.00
3.8S000
192.SO
428.50
124 2nd Street
Fort Collins, Colo. 80S21
971210SU20
Sprague, A Jeanne
Lot
21,
Blk
10,
Buckingham
P1,
FTC..
50.0
4.72000
236.00
3.85000
192.50
- 428.SO '
220 Ii. Prospect
1
Fort Collins, Colo. 80521
'
97121OS021
Rice, BenC/::abel M
Lot
22,
Blk
10,
Ruckingham
P1,
FTC.
50.0
4.72000
236.00
3.85000
192.50
428.50
110 2nd Street
Fort Collins, Colo. 80521
-
97121US022
`
•
P
I?II'!:Ul'Ii':i.':f UISI'RICT #0 - BUCAINGILIDI
NW- 7CD ADDRESS
A:)d.rso:;. .John 0.
If . 714 Elizabeth St.
Ft. Collins. Colo. 80521
971_UU.'.U15 .
I.
Buckeye Land G Livestock
Sur 35
aton,.CoIo. 80615
9712000041
DESCRIPTION FRONTAGE
1N FELT
All of Lot 3, inside of reservation 772.9
of NIV 12-7-69 lying S 4 L of Linden
St Loss the Fol Rks L Pgs:834-498,
113-560, 1122-127, G 1132-49U also
less a par lying S E E of Cache La - 1
Poudre Riv now owned by Great Western
Sugar Co 8 a par of land in SC of NW
12-7-69 desc as beg at pt 20 Ft W of
NE Cor, W 558 Ft, S 51° 18' L 70.9 Ft
S 81° 50' E 241.8 Ft, S 450 35' E 279.5
Ft, S 21' 18' E 176.2 Ft, N 439.8 Ft
to Beg, FTC 6 97122-09-006 L 97122-14- -
001, all that part of blks 1 6 15 lying '
E of Fol Ln: Com N 41' 10' IV 146 Ft
From SE Cor Lot 2, Blk IS; Th N 480 50'
W to Pt on W Ln of Lot 10, S 410 10'
W 4.66Ft, N 24° 24' W 314.25 Ft; N 4°
22' E 231 Ft, N 38° 36' If 162.91 Ft to
E Ln of Linden St, FTC.
That part of S 1/2 NE 114 12-7-69, Beg 1434.4
at E 1/4 Cor of Sd See 12; Th W on E-W -
C/L of Sd See, 1090 Ft; Th Nrly 416.8 Ft .
to TPOB; Th N 493.7 Ft, N 61°26' W 173.9
Ft, N 13° 37' W 479.9 Ft to Pt on N In of
Sd S 1/2 NE 1/4 of See 12; 111 IV 372 Ft
MA, S 920 Ft N/L on E Ln of 3rd St. Th
Erly 874.9 Ft to.,POB
•
12 of I3
CURB ANO
AMOUNT
PAVEMI:NT
A14OUNT
'G(=ZR
FOR
1'OTA I.
ASSESSMENT
FOR
ASSIiS&4LNT
CUlai AND
ASS L:5?i
RATE
PAVEDIENT
RATE PER FT.
�' GU'ITLR
$3.89406
34009.72
-----
-------
3,009.
r
'
$3.89406 1,100.00 ------ ------ 1,100.0
Less: City's share for low valuation ($798.6G)
Buckeye Land $ Livestock 6 Also Beg at Con of $3.89406 109S1,28
BOX 35—12-7-69, Th S 780 57' W 643.5 Ft, N 123.36
Eaton Co1G. 8061S Ft, E 631.6 Ft, All; 112 See Ln Bet SE 1/4
9712000042 NW 1/4 L NE 1/4 SW 1/4 of Sd Sec 12 to POB
{ Also Beg at Pt 20 Ft 11 of C/L of 12-7-69
Th W 582 Ft to E Bank of Cache La Poudre "
Riv; Th alg E Bank of Sd Riv; N 5' 3' E
173 Ft, N 25' 37' E 67.25 Ft, N 49° 16'.E
129.1 Ft, N 66° 13' E 110.6 Ft, N 73' 55'
E 223.4 Ft N 45*15' E 175 Ft to Ln Pata to -
E side of SE 1/4 NW 1/4 of Sd Scc 12 6 20
Ft W from Sd Ln;TI) S S44.4 Ft to.POB, FTC.
i
Rica 367
1X1.28'
UIS1RICf 867 - BUCKINGIUW
.....::: A::D AODAESS
CURD ANO AMOUNT
DESCRIPTION FRONTAGE PAVEMENT MOUNT GOITER FOR
IN FEET ASSES&MUNT FOR ASSi.5S:::.ST CCIt2 AND
RATE PAVEMENT PATE PER FT. ' GU'1TLR
,
!
Garcia, Tony/Dolores
320 N. ruoscvclt
Ft. Col!ins. Colo. BOS21
9712000004
T'.n:r-an, Warren
11•.:p 935
rain>vil!e, Al. 35986
9712000024
Cro..-r, Tessio V.
601 cook Dr.
Ft. Cn1!i1%s, Colo. 80521
0-,I2006025
TOTAL
Be, at Pt on Nrly Ln of present Ihry 191.8 3.89,406 746.88 _______ ------ 746.88
R/W wh pt bears N 89' 07' W 1860 Ft
6 Again N 0' 53' E 30 Ft from E 1/4
Cor 12-7-69, •Ph N 0' S3' E 191.80
Ft, N 89' 07' W 98.86 Ft, S 0' SSt -
W 191.80 Ft, S 89' 07' E 99 Ft to
.. Beg. - - ----
Beg at Pt 'wh bears N 89' 27' W 1959 125.5 3, 89A06 507.34 166, 66
Ft 6 Again N 0' 55' E221.80 Ft Less: City's Share for Low valuation($340.68) 11
17oin L 1/4 Cor 12-7-69, Th N 0' SS' _
E 175.50 Ft, N 89' 39' E 98.78 Ft,
S 0' 53' 11 177.63 rt, N 89- 07' W
9S.SG Ft to Beg, Less BA 937 Pg 570 _.
Beg at Pt wh bears N, 89' 07' I9 1959 SO.0 3,89A06 194.70 194.70
Ft 6 Again N 0" 55' E 347.29 Ft from TOTAL ASSESSMENT$ 54,416.57
F. 1/4 Cor 12-7-69, Th N 0' SS'E 50.01
rt, \ 89' 39, I: 98.78 Ft, S 0' S3'
W SO.01 Ft, S 89' 39' W 98.81 Ft to
' section 2. All assessments herein provided for shall
be due and payable within thirty (30) days after the final
publication of this ordinance, without demand, provided that
all such assessments may, at the election of the owners of
the property assessed, be paid in ten equal installments,
the first installment being due on the first day of November,
1974, and on the first day of November of each year thereafter
until the full amount thereof has been paid, together with
interest on the unpaid principal at the rate of six percent
(6%) per annum, said interest to be payable at the time of
00 the principal payments. Failure to pay the whole of such
30 00
assessment within thirty (30) days as aforesaid shall be
conclusively considered and held as an election on the part
of the persons interested, whether under disability.or
otherwise, to pay in such installments.
Section 3. In the case of election of any person to
pay in installments as aforesaid, the failure to pay any
installment when due, whether on principal or interest,
shall cause the whole of the unpaid principal to become due
and payable immediately and the whole amount of unpaid prin-
cipal and accrued interest shall thereafter draw interest at
the rate of one percent (1%) per month until the date of
sale as hereinafter provided; provided, however, that at any
time prior to the date of sale, the owner of the property
assessed may pay the amount of all unpaid and due install-
ments, together with all interest that has accrued as afore-
said, and all penalties accrued, and upon such payment shall
be restored to the right to pay the installments in the same
manner as if the default had not occurred. The owners of
any property not in default as to any installments .or payments
may at any time pay the entire unpaid balance of principal,
together with interest accrued thereon, to the first day of
the month following such payment.
Section 4. Payments may be made to the Director ,of
Finance at any time within thirty (30) days after the final
publication of this ordinance and in such event an allowance
of five percent (5%) as a discount shall be made on all
payments during such period only.
Section 5. In case of the default in the payment of
any installment of principal or interest when due, all
property concerning which such default is suffered shall be
advertised by the County Treasurer and sold for the payment
of the entire unpaid assessment thereon at the same time or
times and in the same manner under all the same conditions
and penalties and with the same effect as provided by law
for the sale of real estate in default of the payment of
general taxes, all as provided by Chapter 16 of the Code of
the City of Fort Collins.
365.
Section 6. The Director of Finance shall prepare the
foregoing assessment roll in proper form as provided in
Chapter 16 of the Code of the City of Fort Collins, and
shall keep a record of all payments made during.the thirty -
day period after the final publication of this ordinance and
upon the expiration of said thirty -day period, he shall
deliver said assessment roll to the County Treasurer of
Larimer County with his warrant for collection of the same,
all as provided in Chapter 16 of the Code of the City of
Fort Collins.
Section 7. All collections made by the County Treasurer
on said assessment roll in any calendar month shall be
accounted for and paid over to the Director of Finance on
the first day of each and every month with separate statements
for all such collections for each month in the same manner as general taxes are paid by the County Treasurer to the
City.
Section 8. The owner of any divided or undivided
interest may pay his share of any assessment upon producing
evidence of the extent of his interests satisfactory to the
officers having the roll in their charge.
Introduced, considered favorably on first reading, and
ordered published this 18th day of April, A.D. 1974, and to
be presented for final passage on the �kth_day�.of_.Jime, 1974.
Passed Passed and adopted on final reading this6th dav_of;JLe,
__ JjA.D. 1974.
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' First reading: April 18, 1974 Vote: (Yeas: 5, Nays: 0)
Second reading: June 4, 1974 Vote: (Yeas: 6, Nays: 0)
Published: April 23 and June 11, 1974.
Attest:
City Clerk
Final -Unit Development Plan for ValVista
ac
30 " approved conditionally
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cZ Director of Connunity Development, Roy A. Bingman, identified the area in
b question and stated this was a plan for the entire site, zoned RLP.Water
and sewer lines are being extended at this time.
The City is in the process. of negotiating for the purchase of a sewer line
from the Cherry Hill Sanitation District and the utility plan is contingent
upon the City purchasing this line. If the sale does not go through and
an agreement is not reached the plan calls for a lift station to lift the
sewage.
Paul Deibel of the Planning office reviewed the plan itself and the Planning
and Zoning Board recommendation for approval, subject to a number of changes
regarding street width, street name changes, revision of the landscape
' plantirgsizes, a 10 foot landscape buffer along Lamy Avenue, and a statement
on fence heights.
Mr. Jack Davis, Director of Planning on the project, answered questions on
the landscaped areas; the densities, and the allocation of open space.
Councilman Bowling made a motion, seconded by Councilwoman Reeves, to
approve the Final Unit Development Plan for ValVista, subject to approval
of the utility plans and the landscaping being reviewed and approved by
the City Arborist. Yeas: Council members Bowling, Fead, Preble, Reeves,.
Russell and Wilkinson. Nays: None.
Clarification of Water Rate to CSU
Mayor Fead stated "the position which I hold at CSU as a department head
is classified as one of faculty, but since many people perceive this as
being an Administrative Position in the Organization, I think I will declare
myself out of this one, simply to avoid any appearance of conflict of inter-
est." Mayor Fead then called on Councilwoman Preble to chair the.meeting.
Councilwoman Preble stated Council had the alternatives from the administration
for clarification.
' (1) Retaining the 22 cent rate,
(2) Rez-onfirming the previously recommended 31.0 cent rate,
(3) Accepting the administration's recommendation of a 29 cent rate,
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372
(4) Select some'other'nutually agreeable rate
.
(5) Do nothing which would retain the 22 cent rate.
Councilman Bowling made a motion, seconded by Councilwoman Reeves, to
set the rate at 29 cents. Yeas: Council members Bowling, Preble, Reeves
and Wilkinson. Nays: Councilman Russell. (Councilman Fead out of
room) _.
Resolution adopted setting fc tfi
--- ---- - --water rate with CSU -
Councilman Bowling made a motion,'seconded by Councilwoman Reeves,"to-
adopt the resolution. Yeas: Council members Bowling, Fead, Preble,
Reeves, Russell and Wilkinson. Nays: None.
RESOLUTION 74-66
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING
AN AGREEtYIENT WITH THE STATE BOARD OF AGRICULTURE RE-
LATING TO THE FURNISHING OF WATER AND SANITARY SEWER
SERVICE TO COLORADO STATE UNIVERSITY
WHEREAS, the City of Fort Collins has recently completed a study ,
of its rates in connection with its water and sewer utility and has ,
increased such rates in accordance with the results of such study; and
WHEREAS, heretofore water and sanitary sewer service has been fur-
nished to the State Board of Agriculture in connection with Colorado State
University under an agreement, but said agreement was heretofore terminated
in contemplation of the increased rates to be established as a result of such
rate study; and
WHEREAS, the City Council has determined on the basis of the studies
made that the reasonable charge to be made to the State Board of Agriculture
for service to Colorado State University is at the rate of 29 � per 1,000
gallons delivered for water service and at the rate of 43f per 1,000 gallons
of water delivered for sanitary sewer service, and
WHEREAS, an agreement has been prepared which provides for furnishing
water and sanitary sewer service to Colorado State University at such rates,
and said agreement has been approved by the City Manager and the City Attor-
ney, and the Council now desires to approve and authorize the same.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT.
COLLINS that the terms and conditions of said agreement be, and the same
hereby are, accepted and approved; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they '
hereby are, authorized and directed to execute said agreement for and on
behalf of the City of Fort Collins.
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Passed and adopted at a regular meeting of the City Council held this
sixth day of June, A.D. 1974.
Yor .
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Ordinance adopted on first reading
relating to Local Public Improvements
and assessments thereon
City Manager Brunton stated the general public is unaware that the City
does not primarily pay for the construction of new streets and pays for
oversized costs and extra -ordinary costs.
The intent of the ordinance is that it allows the City to pay the assessed
cost of undeveloped land and subsequently recover the revenue when the
property develops. ,
Councilman Bowling made a motion, seconded by Councilwoman Preble, to
adopt Ordinance No. 33, 1974 on first reading. Yeas: Council members
Bowling, Fead, Preble, Reeves, Russell and Wilkinson. Nays: None.
Report on bikeway program adopted and
referred to Staff for public meetings
Director of Community Development, Roy A. Bingman, reviewed the following
checklist: _ ' _
1 Follow a comprehensively planned
course of action from the outset. I,f a
local system is to be developed that
will optimize opportunities for cy-
cling, a clearly defined action pro-
gram is mandatory.
2 Make an early and informal study of
local cycling goals, needs, and prob-
lems. Utilize the knowledge and ex-
perience of groups and individuals
such as local police, school princi-
pals, civic and service clubs, bicycle
interest groups, and planning agen-
cies to assess both public demand
and political support for the develop-
ment of a local system.
Carry out a detailed analysis of the
local demand for cycling facilities
through surveys, interviews• observa-
tions, and analysis of existing rec-
ords. Include an analysis of indi-
vidual and group interest• volume
and age of cyclists, cycling patterns,
existing conflicts between cyclists
and other modes of transport, exist-
ing plans for cycling support systems,
et;..
4 Survey and inventory existing and
potential local facilities. Evaluate the
full range of existing local facilities
at
1374
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from the standpoint of both curre 't
and potential usage. This incl"es the
inventorying of local park and recrea-
tion facilities as well as locating other
facilities that could be convened for
cycling-
5 Motivate community participation.
Provide a means by which public
interest can be both insured and fo-
cused — as the implementation of a
local bikeway system demands it.
Solicit the support of all groups and
individuals that will benefit from, or
be affected by, the development of a
local bikeway system. Use of a Bicy-
cle Coordinating Committee (BCC),
having communitywide representa-
tion, to review and coordinate citizen
participation is vital to the overall
planning process.
6 Develop a preliminary bikeway
matter plan. incorporate a set of
clearly defined local goals, a state-
ment of the dimensions of the cur-
rent and projected demand, and the
availability of alternative bikeway
routes. Detail in the plan the pro-
posed layout of routes, construction
specifications, cost projections, and
the scheduling of implementation.
Publicize and make the master plan
availab!e`to the public as widely as
p6'Mible in a understandable format.
Solicit the reactions of all affected
parties and reevaluate the plan in
light of their responses.
7 Initiate implementation of the plan.
Explore in detail alternative means of
financing development of the local
system. Consider the use of federal
and state assistance programs, as well
as the feasibility of local financing
through municipal bonds.
8 Develop a public safety cycling edu-
cation program. Starting an active
bicycle safety program insures on-
going community support of the
bikeway concept. The participation
of groups such as local police, PTA's,
and school officials can significantly
enhance public awareness of thr
safety benefits and transport advan-
tages of bikeways.
9 Develop an ongoing revew process.
In some localities the process of im-
plementing a bikeway plan will nec-
essarily be long-term. Consequently,
there is a substantial need for moni-
toring and reassessing local demand
as a basis for modifying the general
plan as local conditions evolve.
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Mr. Bingman also reviewed the ^surveyresults and the problems"with removing
parking in some areas. The staff recommendation was for public hearings to
get input on the program.
Speaking to the question were the -following:
1. Dan Nibbelink, President of the Fort Collins Bicycle Club,
2. John Newman, 723 South Washington
3. Ed Basley, 3013 West Lake
4. Jack vilms, 1so0 Patton
Councilwoman Preble made a motion, seconded by Councilwoman Reeves, to accept
the report on the bikeway program and refer the matter to the administration
for public meetings. Yeas: Council members Bowling, Fead, Preble, ReeveF,
Russell and Wilkinson. Nays: None.
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Resolution regarding efforts of COPIRG to
establish itselt at CSU denied
Mr. Warren Burg,.representing..the Colorado Public Interest Research Group
(COPIRG) spoke to the presentation of the concept to students at Colorado
State University and the present efforts to attempt to receive approval for
handing. Therefore, the .group was requesting endorsement from the Fort
Collins City Council. .
Aso speaking in favor of the requested endorsement were the following:
1. Sarah Bond, representing Colorado Student Lobby.
ob 2. Mike Stumpe, 1316.Crestmore.
00
Speaking.in opposition to; the resolution were the following:
1. Walter Ehmann, 401 Impala Drive
2. Luther Hickman, 1418 Whedbee
Councilwoman Reeves stated Council could look..to, the fact that both of the
Senators from Colorado and at least three of the five congress members from
Colorado have 'endorsed the concept and further expressed her support from
.,.the group.. .
Mayor Fead stated he had no. objection to endorsing COPIRG as'an individual,
but not as a public body. Councilman Russell, Bowling and Wilkinsrn.had
. ' revious`1y expressed the same concern.
Councilwoman Reeves made a motion,seconded by Councilwoman Preble, to adopt
the resolution, omitting the middle paragraph and omitting the words "to collect
funds in the next to the last paragraph. Yeas: Councilwomen Preble and
Reeves: Nays: Councilmen Bowling, Fead, Russell and: Wilkinson.
Increase in Engineering Staff approved
City Manager Brunton stated the present engeering staff has been doing an
excellent job for the City; adding that there is money in the budget for
this year.. ....
Mayor Fead spoke in favor of the request
Councilwoman Reeves made a motion, seconded by Councilwoman Preble, to
authorize the administration hire an additional Civil Engineer II. Yeas:
Council members Bowling, Fead, Preble, Reeves and Wilkinson. Nays:. None.
(Councilman Russell out of room)
Reconnaissance Study of City Government
- Approved
(Proposal in Central -Files)
Councilman Bowling made a motion, seconded by Councilman Russell, to approve
`the Reconnaissance 'Study as outlined by Cresap, McCormick and. Paget and
proceed with haste. Yeas: Council members Bowling, Fead, Reeves, Russell
and Wilkinson. Nays: None. ..(Councilwoman Preble out of room)
376
Pfogress report on recommendation made by Cresap,'
McCormick 'and 'Paget Inca;_ Pol°ice Report accepted
City Manager Brunton stated he would suggest that the administration send'
to the Consultants. the three month and six month reports and ask for
comments.
Police Chief Smith spoke to the items not implemented to date and the rationals,
if they are felt not to be desirable to implement.
Councilwoman Preble made a motion, seconded by Councilwoman Reeves, to accept
the progress report with the understanding that the staff will make a,further
report at the eirliest'possible time. Yeas: '"Council members Bowling, Fead,
Preble, Reeves, Russell and Wilkinson. Nays: None.
Personnel Policies and Procedures tabled
to Special meeting 1:30 P.M. June 13, 1974
City'Manager Brunton recommended this item tie tabled for one week in order
"to'meet`Withcthe Police Association -one more time.
Councilwoman Reeves made a motion, seconded by Councilwoman Preble, to table
this item to 1:30 P.M. June 13, 1974 at which time a special meeting of the
Gouncil be held to consider'this item and any other matter which might
toieetbefote'it. Yeas: ' 'Council members Bowling, Fead, Preble, Reeves,
Russell and Wilkinson. Nays: None:'
i d Adjournment :
Councilwoman,Reev_es'made.a motion, seconded by Councilman Russell,.that the,
Council adjourn. Yeas: Council members Bowling, Fead, Preble; Reeves,
Russell and Wilkinson..• Nays:.. None.
cu
Mayor
ATTEST:
ity Clerk
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