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HomeMy WebLinkAboutMINUTES-05/06/1965-Regular227 MINUTES OF A REGTTLAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, May 6, 1965, at 1:30 o'clock P.M. Present: Councilmen Jonnson, Carson, McMillan, Bennett and Councilwoman Quinn. City Manager Boos, City Attorney March and City Engineer Fischer. Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that the reading of the minutes of the last regular meeting hald April 22, 1965, be dispensed with. Roll was called resulting as follow®: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The t1lowing letter was presented and read at length: ALLEN, STOVER and MITCHELL April 28, 1965 to: The Honorable Mayor and City Council. Ralph N. Anderson and Geraldine E. Anderson submitted a rezoning application for a portion of the NW4 NE4 of Section 15, 2ownship 7 North, Range 69 West of the 6th P.M., to the Planning Board on Tuesday, April 6, 1965. It is my understanding that the City Council approved the recommendation of the Planning Board, which was to deny the rezoning, without setting any haring for such request I would appreciate this matter being put on the agenda for a hearing before the city Council. /sl Willlam H. Allen Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that a hearing be set on the request of Ralph N. Anderson and Geraldine E. Anderson for rezoning for May 20, 1965, as requested by William H. Allen. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Oouncilwoman Quinn. Nayes: None. The President declared the motion adopted.. The following communication was presented and read at length: ALLEN, STOVER and MITCHELL April 28, 1965 To: The Honorable Mayor and City Council Some weeks ago Leslie G. Everitt, as Chairman of the Board of SEB, INC., in a response to a request by the `'ity, wrote the City Council and agreed that Williams Lake could be Ua ed for a pond in mhi'c h to dump storm sewdr'•water.by'the City,'so'-long as'provi- 5ion'was made for drainage of excess water, and certain other conditions mentioned in the letter. This matter was discussed with the City Planner and the City Engineer, and it appeared that the problems could 'very easily be worked out. It is certainly not to the ad- vantage of SEB, INC. to have the lake used for this purpose, but in an attempt to cooperate as fully as possible with the City, Mr. Everitt agreed to such use. It is my understanding that at this time the City Engineer and the Uity Planner are refusing to approve the utility plat of the area around Williams Lake which is now being developed and ready for homes, until the storm drain question is determined. SEB, INC. HAS DONE EVERYTHING IT CAN TO COOPERATE, AND I do not feel that there Is any justification in holding up the approval of the utility plat when we can co nothing further than has been heretofore agreed upon to make the lake available. I would appreciate your advising the City Manager, the City Engineer and the City Engineer and the City Planner that the question of the use of Williams Lake should not be us as a means of holdin up approval of an otherwise acceptable utility plan. Very truly yours, Is/ William H. Allen Motion was made by Councilman Bennett, seconded by Councilwoman Quinn, that an t be made to resolve the disputed matter within the next two weeks or sooner if possib7 was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett Councilwoman Quinn. Nayes: None. The President declared the motion. adopted. The following communication was presented and read at length: CACHE INVESTMENT CO. 1729-28th Street Boulder, Colorado 2 8 Mr. Adam Fischer City Engineer Fort Collins, Colorado Re: Paving of Stover Road South College Heights 7th Sub., Fort Collins, Colo. Dear Mr. Fischer: As a result of our meeting with you last Monday, April 26th concerning the above paving, we have met with both FHA and VA officials to determine if our escrow agreement with the City would be acceptable to them. We have explained to them that to pave the West one-half of Stover at this time would involve undercutting existing irrigation ditches in use in the East one-half of the proposed right -or -way in another ownership. Both FHA and VA have indicated that they are agreeable to a contract where we would give to the City an amount sufficient to eventually pave Stover Street to city standards. Their main concern is that: 1. An all-weather road will be maintained by the City. 2. Paving will be completed within one year at no expense or assessment to the abutting pro- perty owners. As discussed with you, it was believed that the interest the City would receive on the $8400.00 estimated cost would pay for any required maintenance. The FHA required one year completion date is somewhat of a problem since it is doubtful you will be able to pave within that time. However, once this agreement is in effect, I don't see any way FHA could cause the street to be paved if it ;s not ready. As you know the street will not be used very much until it is extended to the north or south. We have drawn up a contract which is. agreeable to FHA and VA and which we hope will be agreeable to the City. Two cc pies are enclosed for your consideration. Since we have completed all other elements of the subdivision and will no longer have offices in Fort Collins, we feel that this agreement would be the best arrangement for all concerned. We certainly appreciate the time that you have spent with us on this matter. Very truly yours, CACHE INVESTMENT CO. /s/ Dale D. Shreve After discussion,, motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that this matter be referred to the City. Manager and City Engineer to report on same by May 13, 1965• Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn.. Nayes: None. The President declared the motion adopted. Mr. Hudspeth presented a report on the matter of the directional street signs re- ferred to him by the Council at the previous meeting. His report was in the form of a proposed policy of whether restrictive regulations or permissive regulations. Mr. Hudspeth was present and explained the proposed policies in greater detail than shown in his report. Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that this report be taken under advisement and study. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motiona dopted. The following nPOrt was presented and read at length: April 28, 1965 TO, Mr. Robert Boos, City Manager FROM: Roy E. Hollady SUBJECT: Noise Complaints - Rauch Motors, 2000 South College Sir: On Wednesday, April 21, 1965, Officer William Cartwright was instructed by this officer to inform Mr. Jack Rauch that your office had received several complaints about the loud music coming from the loudspeakees at his place of business. Officer Cartwright contacted Mr. Rauch and informed him of the complaints and requested thatths volume be lowered so that it would not disturb the neighbors in the immediate neighborhood. Mr. Rauch indicated to Officer Cartwright that he would comply with the request. Early on April 23, 1965, in the morning, your office notified this office that another com- plaint had been lodged before the city council relative to the continued loud noise coming from the Rauch lot. At approximately 2:30 P.M. that date Asstt Chief Howe was instructed to investigate the noise again. Ass+t Chief Howe aporoached the lot from College Avenue in an attempt to make a judgement as to the amount of noise coming from the lot. He then went around on Remington Street and listened from that vantage point. He went again to Mr. Rauch and told him that complaints had resumed. Mr. Rauch told Ass't Chief Hose that he volume was on the lowest point and that he could not lower it anymore. Ass1t Chief Howe came back to this office and informed this officer that t he noise was not disturbing in any manner. The volume was extnmly low and that a person would have to stop and intentionally listen to vaguely hear the music. 229 At 10:30 A.M. on April 27, 1965, this officer visited the Rauch lot and could hear no dis- turbing noises at all. Upon Fretting close to the lot one can hear the music but it is not dusturbing in any way. Again on 'Tuesday night, April 27, 1965, this officer went to t he lot at 8:15 P.M. The music was not playing at that time. On Wednesday, April 28, 1965, the Rauch lot was visited again by this officer and the music was not discernable. We went around to the dead end at Remington and listened and could just vaguely hear it. It is the opinion of Asset Chief Howe, Officer William Cartwright and this officer that if the music is being played at this volume it could not possibly be a disturbance in he area. Respectfully submitted, /s/ Roy E. Hollady Chief of Police Mr. Rauch was present and explained that he had made every effort to reduce the volume of the loud speakers which were broadcasting the music and had it down to the very minimum. He said that he felt that the complaints of Mrs. Curtis of loud and racous noise was somewhat exaEprated. It appears that others had made some investigation and that the broadcasting was not out of line sufficient to being a nuisance. After further discussion, by the Council, motion was made by Councilman Carson, seconded by Councilman Bennett, 'that the report of the Chief of Police be accepted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Noyes; None. The sident declared the motion adopted. The followin' report was presented and read at length: Robert F. Boos City Manager May 3, 1965 Re: Street Improvement Petitions.1 Shown below is a summary of the Street Improvement Petitions which have been re- ceived by the Engineering Department: Ipro nerty. 1. Petitions for improvements signed by the owners of 1/3 or more of the abutti a.) North -South Alley from Myrtle to Laurel between "ollege Avenue and Rem- ington, Total Frontage ---------------------- 1,274 feet Frontage of petition signers -------- 611 feet -------- 47% b.) North -South Alley from olive to Magnolia between Howes and Mason, Total Frontage --------------------- 800 feet Frontage of petition signers -------- 738 feet % c.) Cherry Street - North Pearl Street West approximately 573 feet, Total Frontage --=------------------ 1,953.10 feet Frontage of petition signers ------- 649.10 feet d.) North -South Alley from Magnolia to Mulberry between Meldrum and Howes (approximately 400 feet) Total Frontage---------------------- 80b feet Frontage of petition signers ------- 300 feet %------- 37.5% e.) Juniper Court from Shields 4est to (approximately 778 feet) existing pavement Total Frontage ---------------- — --- 1,537.67 feet Frontage of petition signers ------- 671.61 feet % 43.6% II. Petitions by ytthe owners of for improvements signedng less than 1/3 of y. 300 Block North Grant Qapproximately 420 feet) a,) Total Frontage -------------------- 830.Tset Frontage of petition signers ------ 105.0 feet b.) Coy Drive from West Coy Drive to East 280 feet) Coy Drive (approximately Total Frontage -------------------- 560.0 feet Frontage of petition signers ------ 100.0 feet % ------ 17.8% 230 III Request for paving by contract with the City. a.) Spring Park Drive from Remington to Mathews. b.) Mathews from Spring Park Drive to Dartmouth. Section 15-55, of the City Code of Ordinances, provides that the Council may place in an improvement district a street upon which the owners of one-third of the frontage to be assessed have signed a petition for the improvement. In addition, 'under the same sec- tion, the Councillmay place in an improvement district, without a valid petition, a street which would join, in a distance of one block or less, two sections of the same street alread y paved. Under the first provision all of the streets in Group I above could be placed in a district and if the Council so desired, it could under the second provision, also include the two streets in Group II. The streets of Group III involve only two property owners ...The City of Fort Collin and Jack Rauch of the Rauch Motor Company. Mr. Rauch has requested that thetwo streets be paved on a cash contract basis, rather than being placed in an improvement district. Mr. Rauch would ask that the City do the engineering, engage a qualified contractor, on.a bid basis, and that the total cost ... engineering, inspection and construction.. be shared equally between he and the City. Special attention is called to the restriction in right-of-way on Cherry Street, The right-of-way is only 35 feet for a distance of approximately 57 feet West of Pearl Street. It would be impossible to gain any additional right-of-way in this section without removing a dwelling on Lot 5. There is another restriction in the right-of-way immediately East of Tedmon Drive, where for a distance of 100 feet, the right-of-way width is only 25 feet. No structures preclude the acquisition of an additional 25 feet of right-of-way in this section, but the owner has made some rather definite demands regarding compensation, he would expect for it. It would be the owner's position that he either be paid for the additional 25 feet of right-of-way at the rate of $ 0.75 per square foot (approximately $1,875.00) or that he be granted free two water taps and two sewer taps. A sketch of each of the proposed improvements is attached for Council's information. The pleasure of Council is respectfully requested. /a/ 0. Adam Fischer Director of Public Works Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that the report of the Director of Public Works be accepted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following Peport was presented and read at length: April 29, 1965 Robert F. Boos City Manager Re: Inspection of bridges at City Water Treatment Plant As you directed an inspection has been made of the two bridges crossing the Poudre River at the Water Treatment Plant. T These bridges provide the sole access to the Seaman Reservoir of the City of dreeley up the canyon from the plant. The bridges were constructed jointly by the Water Lepart- ments of the two Cities, and are jointly maintained. The substructure of each bridge is very durably constructed and each is presently in excellent condition. Bridge No. 1 crosses that section of the river between the land of the Treatment Plant to the island proposed by the Optimist Club as a campsite. Bridge No. 2 crosses that part of the river on the East side of the island and provides access to the Seaman Reservoir road. The design and condition of the two bridges is summarized as follows: Bridge No. 1 Abutments - Rock and concrete resting on solid rock ---in good condition. Spans & Total Length--- Three 28, spans -- total length 841 - Bridge Beams --- 6" x 16" timbers on 3' centers --- in good condition. Bridge Floor --- 4" finished native -- fair condition. Width of Bridge --- 10 feet. Handrails --- 2" x 4"s bolted to structure -- poor condition. Height above normal flow --- 8 feet. Bridge No. 2 Abutments - Rocca and concrete resting on solid rock --- in good condition. Spans & Total Length -- 281 and 427 spans -- total length 701 Bridge beams --- 6" x 16" timbers on 281 span -- good condition, 18" steel I Beams on 42t span --- good condition. 231 May 6, 1965 Bridge Floor -- 4" finished native - fair to poor condition. Width of Bridge --- 10 feet. Handrails --- 2" x 4"s bolted to structure - poor condition. Height above normal flow --- 8 feet. Both structures are narrow and intended to accompdate one-way traffic only. The decking is bad in places, especially on bridge No. 2. Principally due to vandalism, the handrails on both bridges are broken and in need of repair. Both bridges, however, seem to be quite sound from a structural standpoint. This view could seem to be substantiated by the fact that the State and Fish and Game Commission cross the bridges on accasion to stock the Seaman Reservoir. The truck used, loaded with fish and water, weighs approx- imately 15 tons. The work needed to repair the decking which has deteriorated, and to replace the handrails on both bridges, should cost between $"150.00 and $250.00, for both labor and materials. Isl C. Adam Fischer Director of Public Works. Mr. Anderson, project Chairman of the Optimist Club, spoke in reference to the Program that they wish to carry on. After discussion, motion was made by Carson, seconded by Councilwoman Quinn, that this be accepted subject to the approval of the Park Advisory Board and referred to the City Attorney to prepare a lease and the City Engineer.advise Greeley of the cost of repairing the bridge and their share of said.repairs. Roll was cal ad resulting as follows- Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Council woman Quinn. Nayes: None. the President declared the motion adopted. The following report was presented and read at length: May 3, 1965 To: The Honorable Mayor and City Council From: Water Board Subject- Charge for Rental of Horsetooth Water At a Water Board meeting April 21, 1965, the Water Board reviewed the attached computation of rental charge for Horsetooth water for 1965 and recommended approval of the charges as, calculated. Respectfully submitted, Isl Ward H. Fischer Motion was made by Councilman Carson, seconded by Councilman McMillan, that the recommendation on water rental charges be accepted and in case of additional allotment above the 60% that the additional water be allowed on the same basis to the purchaser. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennet and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: NORTHERN COLORADO WATER CONSERVANCY DISTRICT WATER RENTAL CHARGE 1965 Suggested rental charge for Northern Colorado Water Conservancy District water owned by the City is calculated as follows: Total allotment 8,279 acre-foot units 60% quota 4,967.4 acre-feet Assessment Costs: Acre-foot Units 6,000 @ 1.50 9,000.00 2,279 @ 5.00 11,395.00 Our assessment cost $ 20,395.00 Our assessment cost of $20,395.00 divided by the 60 per cent quota of 4,967.4 acre-feet equals $4.10 plus a handling charge of 25� equals $4.35- Based on the same calculation as last year. The rental charge last year was $2.80. The above is the motion on this report. 232 - - _ — - noy_ 6 1965 The following report was presented and read at length: May 3, 1965 To: The Honorable Mayor and City Council From: Water Board Subject: Construction water Policy At a meeting of the Water Board April 21, 1965, the Water Board reviewed with the City Manager and Director of Public Works current practice in regard to furnishing water to contractors and others for construction purposes. The essential points of the current prac- tice were outlined as follows: 1. Contractors and subdivisions, upon request of the City, have been permitted to use fire hydrants for construction water at no cost. Upon request, the City has furnished hose (as much as 400 to 500 feet), connected t he hose to the hy- drant, and furnished manpower on full Lime basis to operate the hydrant, move the hose, etc._ 2. Other contractors, paving for example, have been permitted to take water from hydrants into tank trucks and have paid 50 cents per thousand gallons,, The manpower situation was essentialy the same as in 1 above in that the "ity pro- vided a man to operate the hydrant and count the loads. In order to evaluate the current practice, the Director of Public Works reported that a meter was installed on a hydrant recently in the instance of furnishing water for construction purposes in a subdivision. Analysis of costs to the City involved indicated the following: 1. In a period of approximately 36 hours of use there were 126,000 gallons of water used. Based on the meter rate, that will be effec tive October 1, 1965, the charge for this water use would, be $24.40. 2. The estimated cost of labor and equipment necessary to provide this service was $90 labor and $72 equipment rental or a total cost of $162.00. 3. It is therefore relatively obvious that in the instance of the example studied above, total cost of provid-ng the service was $186.40. After considerable discussion of the general problem of furnishing water for con- struction purposes, it was t he recommendation of the Water Board that the following policy be approved in regard to furnis'hring construction water: 1. That the Director of Public Works be authorized to permit taking of water from hydrants for construction purposes. 2. That -in those instances where approval is granted, the Director of Public Works have the City furnish a special hydrant connection including a meter. 3. That those permitted to take water from a hydrant for construction purposes be billed at least monthly for the water used, using appropriate in -City meter rate 4. That the City discontinue furnishing hose for connection to hydrants in use in furnishing construction water. In recommending the above, it should be pointed out that the Water Board considered the major purposes of fire hydrants is for fire protection and use of hydrants by unauthor- ized personnel or for purposes other than fire fighting could tend tobe incompatible with their main function. It was the general feeling however that rather than prohibit use of hydrants for construction water purposes, it would be desirable to permit it as outlined in the above recommendation with the City strictly controlling the use of the hydrants in order to minimize possible damage or interference to the basic purpose of the hydrants. Respectfully submitted, /sl Ward H. Fischer Water Board Chairman The City Manager discussed the matter of the cost of the water being furnished for construction purposes. After further discussion by the Council, motion was made by Council- man McMillan, seconded by Councilman Bennett, that this question be tabled for one week. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: May 3, 1965 To: The Honorable Mayor and City.Council From: Water Board Subject:Water Treatment Plant Construction December 10, 1964, the Water Board of the City Of Fort Collins presented a recommend ation to the City Council, included in which was a recommendation that the City proceed with immediate construction of a 15 million gallon per day treatment pant located in Soldier Canyon above the City s existing clear water storage reservoirs and that J. T. Banner & Associates be retained as engineers and consultants for the design and supervision of the project. Subsequent to the 4ater Board recommendation submitted December 10, 1964, it is our understanding that the City Council proceeded with design of the distribution system improvements and decided to delay the contract for design and construction of the water treatment plant until after sale of the proposed $3,200,000 water bonds which we understand is scheduled for Thursday, May 6, 1965. The Water Board would therefore respectfully reiterate its recommendation that a contract be entered into with J. T. Banner & Associates for design and supervision of construction of the proposed 15 million gallon per day water treatment plant as soon as possible after the bond sale. Respectfully submitted, /sl Ward H. Fischer Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that this matter be tabled for further discussion to next week. Roll was called resulting as follows Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: April 28, 1965 Fort Collins City Council Municioal Building Fort Collins, Colorado Mrs. Quinn and Councilmen, The term of appointment for three Planning and Zoning Board menbers expire in April and May. These members are James Keese, Mrs. Donald Wood, whose appointments expired on April 20, and Virgil Magerfleisch, whose appointment expires on May 20. All three menbers have agreed to continue serving if the Council so desires. Since By -Laws of the Planning and Zoning Board designate the regular May meeting for elec- tion of Officers, it might be well to have the appointments effective on April 20 and May 20, respectively. Respectfully submitted, Isl Robert Ocheltree, Chairman Fort Collins Planning and Zoning Board During the discussion, it was noted that Mr. Mager£leisch's appointment does not expire until May 20, 1965, and that this appointment should be taled util that date. The following resolution was presented and read at length: RESOLUTION THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING MRS DONALD WOOD AND JAMES KEESE AS BERS OF THE PLANNING AND ZONING BOARD WHEREAS, Section 1 of Article XIX of the Charter of the City of fort Collins pro - ides that the Council shall appoint a Planning and Zoning Board, and WHEREAS, the terms of Mrs. Donald Wood and James Keese expired April 20, 1965, and WHEREAS, said members have indicated their willingness to continue to serve on the Planning and Zoning Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF T HE CITY OF FORT COLLINS that Mrs. Donald Wood and James Keese,be and they hereby are re -appointed as members of the Plan- ning and Zoning Board to serve for a t erm of four (4) years with said term to commence as of April 20, 1965. Passed and adopted at a regular meeting of the City Council held this 6th day Of A. D. 1965. sl Harvev G. Johnson r sl Miles F Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this solution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, rson, McMillan, Bennett and Councilwoman Quinn, Nayes: None. The President declared he motion adopted. 231 A report on the bids received on the new street sweeper was presented. Those were Faris Moritz on Elgin; Booth Rouse on Wayne; McDonald Equipment on Austin Western and Western States on Mobil. The Purchasing Agent and Director of Public Works recommended that (Wayne) the bid of Booth Rouse/for a 321 yard sweeper without trade-in of $9,673.00, be accepted. Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that the recommenda- tioh of the Purchasing Agent and the Director of Public Works be accepted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following communication was presented and read at length: UNITED NATIONS ASSOCIATION OF THE UNITED STATES OF AMERICA Working together for Peace, Freedom and Justice April, 1965 Dear Mayor: Your community observance of United Nations Day, October 24t1a, can be of special signifi- canse this year. Not only is this the 20th Anniversary of the UN, but a Presidential Proclamation has desig- nated 1.965 as International Cooperation Year - the worldwide theme adopted unanimously by the'UN's General Assembly. A copy of the Proclamation is enclosed. President Johnson has appointed a Cabinet -level Committee to coordinante Government efforts in behalf of this twentieth anniversary theme and a National Citizen's Commission is taking the lead in promoting participation by the public. In aduition, the Pres dent has called a White House Conference on International Cooperation to be held towards the end of the year These actions lend particular emphasis to community UN Day observances. Therefore, we hope you will join with Government Agencies, with national organizations and institutions and with leading; citizens in this year's special nation-wide observance. The President has asked the United Nations Association to promote the public's observance of United Nations Day, and he has asked me once again to serve as National Chairman for this event. You may recall that last Fall I expressed the hope that you would appoint a UN Day Committee which would continue to function throuthout 1965 as the Community International Cooperation dear Committee. Many Mayors have done this. If ,you have not done so, I hope you will begin making plans for the appointment of a UN Day Committee. President Johnson, will be issuing a Presidential Proclamation of the Day shortly ondit is usually of a great public relations advantage to be able to announce the appointment of a UN Day Committee promptly thereafter. If there is a dhapter of UNA-USA in your community, you will find its members anxious to be of assistance to you in organizing the committee, and in helping to service your committee once it is established. Worthwhile activities require the selection of an active Committee comprised of leading citi izens representing the various professional, educational and civic institutions in our com- munity. Thus, it is essential for you to appoint your chairman now an that he in turn can begin to recruit an effective Mayor's committee which can begin to function right after the President's Proclamation. The enclosed postcard should be returned to us indicating the name and address of the Chair - .ran you have appointed. Upon receipt of your card, a special kit of program materials will be sent to ,your Chairman and we will send you a "Certificate of Merit" to be presented to your Chairman at an appropriate ceremony. A copy of President Johnson's UN Day Proclamation will also be enclosed. It will help you in the formulation of your own official Proclamatio of United Nations Day. This Twentieth Anniversary observance of the UN and its International Cooperation theme can provide an excellent opportunity for informed realistic discussion and evaluation of our international involvements in the world today, both at a private level as well as through international organizations. Full participation by as many groups as possible in your muni- cipality will enhance the educational and civic responsibility of your citizenry. We will look forward to a dynamic contri}ution from your community in this year's special national observance. hope to hear from 'You soon: Sincerely yours, /s/ Robert S. Benjamin National Chairman , United Nations Day A letter from the United Nations Association of the United States of America to the was presented and read, in which it was requested that a United Nations Day Committee be appointed in order to promote the public observance at United Nations day October 24,.1965, which is the 20th anniversary of the United Nations. Motion was made by Council- man Johnson, seconded by Councilwoman Quinn, that the matter be tabled until next week. Rol was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. 235 The final plat of Fairview West Subdivision, Second Filing, was presented for anproval. The following report was presented and read at length: Date: May 6, 1965 To: The Fort Collins City Council From: The Fort Collins Planning and Zoning Board Subject: The Fairview West Subdivision, Second Filing At the regular meeting held on May 4, 1965, the Planning and Zoning Board con- sidered this plat and recommends approval subject to donditions as follows: A. The completion and filing of plans for constructio n of utilities and street improve- ments with the Engineering Department. B. Completion of agreements relative to payment for the items referred to in A above. C. The addition of utility easements, 6 feet in width on each side of the lines between Lots 7 and 8, 15 and 16, blocks 4, and lots 8 and 9, Block 3, and lots 10 and 11, Block 1. The develoner agreed to slat Skyline and trentwood Drives with a 60-foot wide right-of-way north of Springfield Drive. Respectfully submitted, FORT COLLINS PLANNING AND ZONING BOARD /s/ Gene Allen Secretary Motion was made by Councilman McMillan, seconded by Councilman Carson, that this report of the Planning and Zoning Board be accepted and the plat approved. Roll was called resglting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Cbuncilwoma Quinn. Nayes: 14orr . The President declared the motion adopted. The following report was presented and read at length: Date: May 6, 1965 To: The Fort Collalns City Council From: TheFort Collins Planning and Zoning Board Subject: Docket No. 25-65, The Treadwell Rezoning Request for Change from C Residentdal District to D Commercial District. This request has been considered at both the April meeting and the May meeting of the Plan- ning and Zoning,, Board. A nearby Fraternity House Corporation requested th_matter betabled to allow them more time to sdudy the request and make a recommendation to the City. On May 4, a spokesman for their group spoke in opposition to the petitions. Another opponent at the May meeting was signer of the original petition for.the rezonig. Subsequent to the discussion, a motion was made and "carried, recommending denial of the request. Reconsideration of this one-half block^an be riven in connection wittt he proposed new zoning ordinance and map. Respectful.11y /s/ Gene Allen Secretary Motion was made by Councilman McMillan, seconded by Councilman Carson, that the recommendation of the Planning and Zoning Board be accepted and the petition be denied. Roll was called resulting as follows: Ayes: Councilman Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: Date.= May 6, 1965 To: The Fort Collins City Council From: The Fort Collins Planning and Zoning Board Subject: Docket No. 33-65, The West Elizabeth Foothills Annexation of 17.98 acres. This petition has been considered at three meetings of the Board. by a motion passed on �'Ay 5, 1965, it, is recommended that t he petition be approved with the requested zoning, the area not being zoned D Commercial be zoned•PB, Planned Business, under the new ordinance ar. that no constructs.on permit be issued in commercial area previous to the effective date of the new ordinance. Owners of both properties involved in this annexation were present and agreed to conditions included in the motion. !dater rights with these two properties should be made available for purchase by the City and additional width of right-of-way on Elizabeth and Taft Hill should be dedicated prev- ious to final reading of the annexation ordinance. Respectfully submitted, FORT COLLINS PLANNING AND ZONING BOARD Gene Allen Secretary 236 May 6, 1965 The report as presented is on the amended petition. Motion was made by Council Quinn, seconded by Councilman Bennett, that the recommendation of the Planning and Zoning Board be accepted and the matter be referred to the City Attorney to prepare the necessary resolution and notice of hearing. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: Date: May 6, 1965 To: The Fort Collins City Council Froiy: The Fort Collins Planning and Zoning Board Subject: No. 36-65, The Twelfth South Shields Annexation. This annexation and the request to have C Residential zoning were discussed and acted upon by the Board at the meeting May 4. The requested zoning is in accordance with the new Guide for Growth May which shows high density residential use for this area. It is the recommendation of the Planning and Zoni Board to proceed with the annexation, subject to the owner's dedicating an additional 10 feet for the widening of Plum Street on the north and making the water rights available f purchase by the City. Respectfully submitted, FORT COLLINS PLANNING AND ZONING BOARD /a/ Gene Allen Secretary Motion was made by Councilman Carson, seconded by Councilwoman Quinn, that the report of the Planning and Zoning Board be accepted and the matter referred to the City Attorney to prepare the necessary resolution and notice of hearing. Roll was called result ing as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: Date: May 6, 1965 To: The Fort Col.lins Planning and Zoning Board From: The Fort Collins Planning and Zoning Board Subject: Docket No.,13-65, Glisan Construction Company Rezoning, C Residential to D Com- mercial This request was originally considered by the Planning and Zoning Board at their March meeting. At the request of the applicants, a rehearing was held on May 4, and a recommenda- tion is made as follows: To recommend the rezoning to ➢ Commercial of a parcel 135 feet deep from the north line of Prospect running to within 20 feet of the west property line of the subject property. Since this represents a considerable reduction in area from the original request, it will be necessary to have an amended description of the area to be rezoned. The attorney for the applicant is to provide the new description for preparation of the ordinance. Petitions containing approximately 170 signatures were presented infavor of the applicatior Respectfully submitted, FORT COLLINS PLANNING AND ZONING BOARD /s/ Gene Allen Secretary Motion was made by Couidilman Bennett, seconded by Councilwoman Quinn, that the report of the Planning and Zoning Board be accepted and referred to the City Attorney to prepare the necessary resolution and notice of hearing. Roll was called resulting as fol- lows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The final plat of Manning's First Subdivision was presented for approval. The fol- lowing report was presented and read at length: Date: May 6, 1965 To: The Fort Collins City Council From: The Fort Collins Planning and Zoning Board Subject: No. 1-65, Manning's First Subdivision, Final Plat This amended plat was considered by the Board on May 4, and approval is recommended, sub- ject to t he following conditions: 237 IA. Referral of the plat to t he City Enpineer and interested utility companies for their recommendations on utility easements, etc. B. The developers signing the usual utility agreement, stating their willingness to pay for cost -of construction of utilities and street improvements. Respectfully submitted, FORT COLLINS PLANNING AND ZONING BOARD /s/ Gene Allen Secretary Motion was made by Councilman Bennett, seconded by Councilwoman Quinn, that the (recommendation of the Planning and Zoning Board be accepted subject to the stipulations in the report. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McM Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance was presented on first reading: ORDINANCE NO. 26, 1965 BEING AN ORDINANCE VACATING AN ALLEY IN BLOCK 1, SITZMAN'S ADDITION TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Bennett, seconded by Councilwoman Quinn, that Ordi- nance No. 26, 1965, be considered favorably on first reading and ordered published this 6th day of May, A. D. 1965, and to be presented for final passage on the 27th day of May, A. D. 1965. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance was presented on first reading: ORDINANCE NO. 27, 1965 BEING AN ORDINANCE VACATING AN ALLEY IN BLOCK 114, IN THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Bennett, seconded by Councilman Carson, that Ordi- nance No. 27, 1965, be considered favorably on first reading and ordered published this 6t1a Of May, 1965, A. D. and to be presented for final passage on the 27th day of May, A. D. 196� Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING MRS. GEORGE GARRISON AS A MEMBER OF THE CITY LIBRARY BOARD OF DIRECTORS WHEREAS, Mrs. George Garrison has heretofore served as a member of the City Library Board of Directors, and WHEREAS, her term of office, as a member of such board, expired April 22, 1965, at WHEREAS, Mrs. Garrison has been an outstanding boardmember for the past four (4) years and has expressed a willingness to accept a reappointment to this office. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Mrs. George Garrison be and she hereby is reappointed a member of the City Library Board of Directors for a term of four (4) years with said term to commence April 22, 1965. Passed and adopted at g regular meeting of the City Council held this 6th day of May, A. D. 1965. s/ Harvey G. Johnson ayor (ATTEST: / Miles F. Houae ty Clerk Motion was made by Councilman Carson, seconded by Councilman McMillan, that this resolution be adopted. Roll was called resulting as follows; Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. •Nayes: None. The President declared (the motion adopted. 238 May 6. 196�____ The City Attorney reported on the Ram+s Horn hearing before the District Court. He asked that Mr. Eugene Mitchell be appointed as special City Attorney to assist in this case. He advised the Council that Mr.. Mi t:chell had agreed to serve without compensation. Motion was made by Councilman Bennett, seconded by Councilwoman Quinn, that Mr. Eugene Mitchell be appointed as special Attorney for the Rams Horn case in the District Court. Roll was cal- led resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Council- woman Quinn. Nayes: None. The President declared the motion adopted. The City Attorney said that they have a new attorney in their office and requested that he be appointed as an assistant City Attorney without compensation in order that they might give him some of the cities work to do. Motion was made by Councilwoman Quinn, second ed by Councilman Carson, that Mr. John -David Sullivan be appointed Assistant Ci.ty Attorney without compensation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Attorney advised the Council that he had been offered 1/48th share of Pleasant Valley and Lake Canal water by Harold Miller. Motion was made by Councilman Johnsol seconded by Councilman Bennett, that the City Attorney be authorized to purchase 1/48th share of Pleasant Valley and Lake Canal at a price of $50.00. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes None. The President declared the motion adopted. Time: 2:30 P.M. This being the date of the opening of the bids on the water and sewer bonds and also the time for opening, the Mayor declared the Council in session for opening of bids. The bids were opened by the City Clerk and Mr. Owen Moore of Boettcher and Company, the fiscal agent handling the procedures, acted as reporter for the bads as t hey were opened. Series R On the/Sewer Refunding and Improvement Revenue Bonds, Stern Brothers and Company of Denver, Colorado, with an interest rate of 3.0658%; from Bosworth and Sullivan and Associates, with a net intent rate of 3.10242% and Boettcher Company and Associates, with a net intent rate 01 2.999265%. The following bids were received on Series I, Sewer Refunding and Improvement Reve Blyth and Company, Inc. and Associates of Chicago, net interest rate of 3.2589% Halsey Stuart and Company Inc., and Associates, ---net interest rate of 3.2542% Stern and Brothers Company and Associates -------- net interest rate of 3.26707% B. J. VanIngen and Company and Associates -------- net interest rate of 3.24667% Boetcher and Company and Associates--------------- net interest rate of 3.207335% John Nuveen and Company and Associates ----------- net interest rate of 3.1853% The following bids on the General Obligation Water Bonds were as follows: Halsey Stuart and Company and Associates -------- net interest rate of 3.1075% The Northern Trust Company and Associates ------- net interest rate of 3.11449% B. J. VanIngen and Company and Associates ------- net interest rate of 3.1308% of New York Harris Trust & Savings Bank and Associates------- net interest rate of 3.10547% of Chicago United California Bank and Associates ----------- net interest rate of 3.07137% of Los Angeles Mr. Moore and others retired to the conference room to discuss the various bids and eturned to the Council chambers with the following recommendations: The low bid for the Series R, Sewer Refunding and Improvement Revenue Bonds, Series une lot, 1965, in the amount of $292,000.00, was offered by Boetcher and Company and Asso iates with a net interest cost of 2.999265%. Motion was made by Councilwoman Quinn, 239 iseconded by Councilman Bennett, that this bid be awarded to Boettcher Company and Associat Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett land Councilwoman Quinn. Nayes; None. The President declared the motion adopted. The low bid of John Nuveen and Company and Associates for the Series I, Sewer Refunding and Improvement Revenue Bonds, Series June 1, 1965, in the amount of $2,200.000.00 with a net interest rate of 3.1853% - Motion was made by Councilman Bennett, seconded by Councilwoman Quinn, that John Nuveen & Company and Associates be awarded the low bid. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The low bid of the United California Bank and Associates with a net interest rate of 2.07137% for the General Obligation Water Bonds, Series June 1, 1965, in the amount of $3,200,000.00. Motion was made by Councilman Carson, seconded by Councilman McMillan, that be awarded to the low bid / United California Bank and Associates of Los Angeles. Roll was called result ing as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following ordinance was presented: ORDINANCE NO. 28, 1965 AN ORDINANCE CONCERNING THE "CITY OF FORT COLLINS, COLORADO, SEWER,REFUNDING AND IMPROVE- MENT REVENUE BONDS, SERIES. JUNE 1, 1965," IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,492,000.00 ACCEPTING THE BEST BIDS FOR SUBSERIES I AND SUBSERIES R OF SAID ISSUE; PRESCRIBING THE IN- TEREST RATES THE BONDS OF .EACH SUBSERIES SHALL BEAR AND THE PURCHASE PRICE FOR EACH SUBSER- IES; RATIFYING ACTION HERETOFC,RE TAKEN; AND DECLARING AN EMERGENCY. WHEREAS, the City of Fort Collins (herein sometimes designated as "City"), in the County of Larimer and ,State of Colorado, is a political subdivision of the State, a bo corporate and politic and a home rule city with a "Council -Manager government" pursuant to Article XX of the Constitution of the State of Colorado and the Charter of the City(herein sometimes designated as the "Charter"),; and Whereas, the City now owns, operates and maintains a municipal. sanitary sewer system (herein sometimes designated as the "sewer system"' or merely as the "system"), and WHEREAS, the City Council of the City (herein sometimes designated as the "Council has determined, and does hereby declare that the interest of the City and of theinhabitants thereof and the public interest and necessity demand the improvement and extension of the sewer system by the construction and other acquisition of additional sewage collection and treatment facilities and everything necessary or incidental thereto (herein sometimes desig- nated as the "Improvement Project") and the refunding, payment and discharge of outstanding bonds in the amount of $292,000.00, payable from and secured by a pledge of the revenues of the.system (herein sometimes designated as the "Refunding Project"); and WHEREAS, the Council, by Ordinance No. 15, 1965, finally passed and adopted on the first day of April, 1965, authorized the issuance of the "City of Fort Collins, Colorado, Sewer Refunding and Improvement Revenue Bonds, Series. June 1, 1965" (herein sometimes desig- nated as the 111965 revenue, bonds") in t he aggregate principal amount of $2,492,000.00, con- sisting of Improvement Bonds (also designated as "Subseries I") in the aggregate principal amount of $2,200,000.00, to be issued for the Improvement Project, and Refunding Bonds, (also designated as "SubseriesR") in the aggregate principal amount of 0292,000.00, to be issued for the Refunding Project; and WHEREAS, the Council, by a resolution passed and approved on the llth day of MarcF 1965, authorized the public sale of Subseries I and Subseries R to the highest and best bidder for each subseries, but in no evert for less than par, and in all cases to the best advantage to the City; and WHEREAS, pursuant to said resolution, sealed bids were received and publicly open- ed on the 6th day of May, 1965, and they have been tabulared, analyzed andiblly considered; and ` WHEREAS, the Council does hereby determine that the. bid submitted by John Nuveen & Co., Inc. and Associates, Chicago, Illinois, for the purchase of the bonds of Subseries I for the principal amount thereof, accrued interest from date until the date of delivery, a premium of $63.88, and bearing interest at the rates hereafter set forth was and is the best bid submitted for said Subseries I and John Nuveen & Co. Inc., and Associates is the highest and best bidder for said Improvement Bonds and said bid is the best advantage of the City; a - �.;rHEREAS, the Council does hereby determine that the bid submitted by Boettcher and Company and Associates, Denver, Colorado, for the purchase of the bonds of Subseries R for the princial amount thereof, accrued interest from date until the date of delivery, a mium preof917.50, and bearing interest at the rates hereafter set forth and was and is the b bid submitted for said Subseries R, and Boettcher and Company and Associates is highest and best bidder for said Refunding Bonds and said bid is to the best advantage of the City. ;sU11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: 2io Section 1. Ratification. That all action heretofore taken (not inconsistent with the provisions of this ordinance) by the Council and the officers of the City directed toward: (a) The Refunding Project and the Improvement. Project, and (b) The issuance of the City's 1965 revenue bonds for those purposes, be and the same hereby is, ratified, approved and confirmed. Section 2. Acceptance of Bid for Im rovement Bonds. That the, bid submitted by Sohn Nuveen and Company Inc. and Associates, hicago, Illinois, for the purchase of the Improvement bonds at the price heretofore provided, be and the same hereby is accepted. Section 3. Acceptance of Bid for Refunding bonds. That t he bid submitted by Boettcher and Company and Associates, Denver, Colorado, for the purchase of the Refunding Bonds att he price heretofore provided, be and the same hereby is accepted. Section 4. Interest Rates, Subseries 1. That the bonds comprising Subseries I shall bear interest from date until their respective maturities at t he rates hereafter set forth, interest being payable on the first day of December, 1965, and semiannually thereafter on the first days of June and December in each year, and the Improvement bonds shall be number- ed and mature serially in regular numerical order on the first day of December in each of the designated amounts and years, as follows: Bond Numbers Interest Rate Amounts Years TA11 Inclusive) Per nnum Maturing Maturin I-1 to ?-10 4.5% 50,000.00 1967 I-lltb�1-21 4.5% 55,000.00 1968. I-22to 1-33 4.5% 60,000.00 1969 1-34to 1-46 4.5% 65,000.00 1970 1-47to 1-59 4.5% 65,000.00 1971 1-60to-1-73 3.0% 70,000.00 1972 I-74to,1-88 3.0% 75,000.00 1973 I-69to 1-112 3.0% 120,000.00 1974 1-113 to T37 3.0% 125,000.00 1975 I-138 to 1-162 3.0% 125,000.00 1976 1-163 to I-188 3.1% 130,000.00 1977 1-169 to I-216 3.1% 140,000.00 1978 I-217 to 1-245 3.1% 145,000.00 1979 I-246 to 1-275 3.1% 150,000.00 1980 I-276 tc 1-3o6 31/8% 155,000.00 1981 I-307 to I-338 .3 1/8% 160,000.00 1982 1-339 to 1-371 3.2% 165,000.00 1983 I-372 to I-4o5 3.2% 170,000.00 198�1 I-406 to 1-440 3.2% 175,000.00 1985 Section 5. Interest Rates, Subseries R. That the bonds comprising Subseries R shall bear interest from date until their respective maturities at the rates hereafter set forth, interest being payable on the first day of December, 1965, and semi-annually there- agter on the first days of June and December in each year, and the Refunding bonds shallba numbered and mature serially in regular numerical order on the first day of December in eac of the designated amounts and years, as ollows: Bond Numbers Interest Rate Amounts years All Inclusive) Per A-n —nu—mT Maturing maturing R-1 to R-8 2.75% 32,000.00 1966 R-9 to Ff-15 2.75% 35,000.00 1967 R-16 to R-22 3.25% 35,000.00 1968 R-23 to R-29 3.00% 35,000.00 1969 R-30 to R-36 3.00% 35,000.00 1770 R-37 to R-44 3.00% 40,000.00 1971 R-45 to R-52 3.00% 40,000.00 1972 R-53 to R-60 3.00% 40,000.00 1973 Section 6. Ordinance Irrepealable. That after any of the 1965 revenue bond,srey issued, this ordinance shall constitute a contract between the City and the holder or holder of the 1965 revenue bonds from time to time; and this ordinance shall be and remain irre- oealable until the 1965 revenue bonds and the interest on the 1965 revenue bonds shall be fully paid, cancelled, and discharged. Section 7. Severab'f lity. That if any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidtity or unenforceability of such section, paragraph, clause or provision shall not effect the remaining provisions of this ordinance. Section 8. Repealer. That all ordinances, resolutions, by-laws and regulations h' of the City, in conflict with this ordinance, are hereby repealed to the extent only of suc inconsistency. This repealer shall not be construed to revive any ordinance, resolution, by-law or regulation, or part thereof, heretofore repealed. Section 9. Emergency, Manner of Publication and Effective llate. That by reason of the fact that the City of Fort Collins is not properly or adequately supp]ied with sari' tary sewer facilities, and because of the necessity of delivering the 1965 revenue bonds within a reasonable time after the public sale thereof, it is hereby declared that an public gency exists, that this ordinance is necessary for the immediate preservation of the P peace, health, property and safety, and that, therefore, it shall take effect immediately upon its passage, upon the of irmative vote of at least four members of the Council; and said ordinance shall be published in full within five days following its passage in accord- ance with the provisions of Sections 6 and 7, article II, of the Charter of the City of Fort Collins. 241 Section 10. Disposition of Ordinance. That a true copy of this ordinance shall be numbered and recorded in the book marked "Ordinance Record," and adoption and puiblicati shall be authenticated by the signatures of the Mayor and City Clerk, and by the certifi- cate of the published, respectively. PASSED, ADOPTED AND SIGNED this 6t1a day of May, 1965. F SEAL) ATTEST: /s/ Miles F. House Ci- ty Clerk Motion was made by Councilman Bennett, seconded by Councilman McMillan, that all rules of the Council which might prevent, unless suspended, the final passage and adoption zf said ordinance at this meeting be, and the same are hereby, suspended for the purpose )f permitting the final passage and a doption of said ordinance at this meeting. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that said ordinance be passed and a dopted as read, as an emergency measure. The question being upon the passing and adopting of said ordinance, roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Motion was made by Gouncilwoman Quinn, seconded by Councilman Bennett, that said ordinance be numbered 28, 1965, and after signature by the .Mayor and attestation by the CitS Clerk, be finally published in full within five days from the date of its passage in the Fort Collins Coloradoan, a• daiely newspaper printed, published and of general circulation in the City of Fort Collins, and that said ordinance be recorded according to law. Roll wa: called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes.: None. The President declared.the motion adopted. The following ordinance was presented: ORDINANCE NO. 29, 1965 AN ORDINANCE ACCEPTING THE BEST BID FOR THE CITY OF FORT COLLINS, COLORADO, GENERAL OBLIGA- TION WATER FONDS, SERIES JUNE 1, 1965, IN THE AGGREGATE PRINCIPAL AMOUNT OF $3,200,000.00; PRESCRIBING THE INTEREST RATES SAID BONDS SHALL BEAR AND THEIR PURCHASE PRICE; RATIFYING ACTION HERFTOFORE TAKEN; AND DECLARING AN EMERGENCY. WHEREAS, the City of Fort Collins (herein sometimes merely designated as the "CitT"), in the County of Larimer and State of Colorado (herein sometimes designated as the 'Atate"), is a political subdivision of the State, a body corporate and politic and a he e rule city with a "Council -Manager government" pursuant to Article XX of the Constitution of the State of Colorado and the Charter of the City (herei•n sometimes des.ignatedas the "Charte " and WHEREAS, the City now owns and operates a municipal water works system (sometimes referred to herein as t he "waterworks system" or as the "system"); and WHEREAS, the City's present water treatment, distribution and storage facilities 9nd water supply are inadequate, and in order thatthe present and future needs of the in- habitants of the City may be met., it is necessary to supply water to the City by construc- ting and otherwisw aco_uiring extensions, additions, and improvements tot he municipal waterworks system. and everything necessary or incidental thereto, including the acquisition of additional sources of water (sometimes referred to as the "Project"); and WHEREAS, the City Council, pursuant to Ordinance No. 16, finally passed and adopted on the lst day of April, 1965, authorized the issuance of the "City of Fort Collins. Colorado, General Obligation Water Bonds, Series June 1, 1965 (herein sometimes designated as t he 111965 water bonds ), in the aggregate principal amount of $3,200.000.00, for the purpose of the Project; and WHEREAS, the City Council, pursuant to a resolution passed and approved on the llth day of March, 1965, provided for the public sale of said 1965 wager bonds and required sealed bids therefor which would be publicly opened on the 6th day of May, 1965; and WHEREAS, sealed bids were received and publicly opened on said date, and they have been tabulated, analyzed and fully considered;. and 242 May 6, 1965 WHEREAS, the City Council has determined, and does hereby determine, that the bid submitted by United California Bank & Associates, Los Angeles, California (herein sometimes designated as the "Purchaser"), for the purchase of said 1965 water bonds for the principal amount thereof, accrued interest from date until the date of delivery, a premium of $30.00, and bearing interest at the rates hereafter set forth, was and is the best bid submitted and that .the Purchaser is the highest and best bidder for said bonds and said bid is for the best advantage of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, CnLORADO: Section 1. Ratification. That all action heretofore taken (not inconsistent with the provisions of this ordinance) by the Council and the officers of the City, direct- ed toward the Project and toward the issuance of its 1965 water bonds for that purpose be, and the same is hereby ratified, approved and confirmed, including, without limiting the generality of the foregoing, the public sale of t he bonds to the Purchaser. Section 2. Acceptance of Bid. That thertid submitted by the Purchaser for the p chaser of the 1965 water bonds at the price heretofore provided be and the same hereby is accepted. Section 3. Interest Rates. That the 1965 water bonds shall bear interest from date until their respective maturities at the rates hereafter set forth, interest being payable on the first day of "ecember, 1965, and semiannualy thereafter on the first days of June and December in each year, and being evidenced until maturity by one set of coupons payable to bearer and attached to the 1965 water bonds, .the 1965 water bonds being number- ed and maturing serially in regular numerical order on the first day of December in each of the designated amounts and years, as follows: Ponds Numbers Interest Rate Amounts Years (.A11 Inclusive) Per nnnnum Maturing Maturing 1 - 3 3.5% $ 15,000.00 1967 4 - 6, 3.5% 15,000.00 1968 4 - 9 3.5% 15,000.00 1969 10 - 34 3.5% 125,000.00 1970 35 - 65 3.5% 155,000.00 1971 66 - 98 3.5% 165,000.00 1972 99 - 132 3.5% 170,000.00 1973 133- 167 3.210 175,000.00 18o,000.00 1974 1975 168- 203 2.9% 204-- 240 2.9% 185,000.00 1976 2L1- 279 2.9% 195,000.00 1977 2 0- 319 2.9% 200,000.00 1978 320- 360 3.07 205,000.00 215,000.00 1979 361- 403. 3.0% 1980 404- 447 3.0% 220,000.00 1981 448- 493 3.0% 230,000.00 1982 494- 540 3.1% 235,000.00 1983 541- 589 3.1% 245,000.00 1984 590- 640 3.1% 255,000.00 1985 both the Principal of and the interest on the bonds being payable in lawful money of the United States of America, without deduction for exchange or collection charges, at the office of the Director of Finance and ex-officio City Treasurer, in Fort Collins, Colorado. If a.ny of the bonds is not paid upon presentation at its maturity, interest thereon shall continue at the rate of six per centum (6%) per annum until the principal thereof is paid in full. Section 4. Ordinance irrepaalable. That after any of the 1965 water bonds are issued, this ordinance shall contitute a contract between the City and the holder or hold- ers of the bonds from time to time; and this ordinance shall be and remain drrepealable until the 1965 water bonds and the interest on the 1965 water bonds shall be fully paid, cancelled, and discharged, as herein provided. Section 5. Severability. That if any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of suchseetion, paragraph, clause or provision shall not affect any of the remaining provisions of this ordinance. Section 6. Repealer. T hat all ordinances, resolutions, by-laws and regulation, of the City, in conflict with this ordinance, are hereby repealed to the extent only of suet inconsistency. This repealer shall not be construed to revive any ordinance, resolution, by-law or regulation, or part thereof, heretofore repealed. Section 7. Emergency, Manner of Publication and Effective Date. That by reason of the fact thatt he City of Fort Collins is not properly or adequately supplied with water facilities and because of the necessity of delivering the 1965 water bonds within a reasonable time after the public sale thereof, it is hereby declared that an emergency exists, that this ordinance is necessary for the irrunediate preservation of the public peace, health, prope rty, and safety, and that, therefore, it shall take effect immediately upon its passage, upon the affirmative vote of at least four members of the Council; and said ordinance shall be published in full within five days following its passage in accor- dance with t he provisions of Sections 6 and 7, Article II, of the Charter of the City of Fort Collins. Section 8. Disposition of Ordinance. That a true copy of this ordinance shall be numbered and teeotded in the book marked Ordinance Record," and adoption and publica- tion shall be authenticated by the signatures of the Mayor and City Clerk, atd by the cer- tificate of the published, respectively. PASSED, ADOPTED AND SIGNED this 6th day of May, 1965. /a/ Harvey G. Johnson Mayor (SEAL) 243 May 6, 1965 ATTEST: /s/ Miles F. House ci ty Jerk . Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that all rules of the Council which might prevent, unless suspended, the final passage and adoption of said ordinance at this meeting be, and the same are hereby, suspended for, the purpose of permitting the final passage and adoption of said ordinance at this meeting. The question being upon the adoption of said motion and the suspension of the rules, roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Motion was made by Councilman McMillan, seconded by Councilman Carson, that said ordinance be passed and adopted as read, as an emergency measure. The question being. . .upon the passing and adopting of said ordinance, roll was called resulting as follows: Ayes:. Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes:. None. The President declared the motion adopted. Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that said ordinance be numbered 29, 1965, and after signature by the Mayor and attestation by the City Clerk, be finally published in Pull within five days from the date of its passage in the Fort Collins Coloradoan, a daily newspaper printed, published and of general circula- tion in the City of Fort Collins, and that said ordinance be recorded according to law. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, Mc Millen, Bennet and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following proclamation was presented and read at length: WHEREAS, Today the word freedom is as important to our history as it was in 1776, and the unalienable rights to life, liberty, and the pursuit of happiness, as guaranteed by the Constitution to every American Citizen, is being challenged on may fronts, and WHEREAS, Our first line of defense against the enemies of freedom is our law enforcement agencies, and WHEREAS, Understanding is the watchword to compatibility, and it is important the people of our city know and understand t he problems, duties and responsibilities of their police department, NOW, THEREFORE I Harvey G. Johnson, as Mayor of the City of Fort Collins, do hereby PROCLAIM: May 9 through May 15, 1965, as Police Week and May 15, 1965, as Pease officers of our community and to provide a wider base of understanding of their daily work. Motion was made by Councilwoman Quinn, seconded by Councilman Carson, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett, and Councilwoman Quinn. Nayes: None. The President declared the motion adopted and the Council adjourned. ATTEST: City Clerk 3 ayor