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HomeMy WebLinkAboutMINUTES-06/06/1974-Regular300 June 6, 1974 ' ;COUNCIL .OF 11-JE CITY OF FORT COLLINS,.COLORADO r• 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 301- ' Spy '-' �302 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 j �i 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. 302 r sa_� o 03 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 303 - 8a4 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 304 I r 3 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. 305 3 0 C, V 0 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 1 1 1 w 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 3..+..-0 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 ' City Attorney, and the City Council desires to approve and authorize the same. I C c 1 1 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 MI ' 312 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 4 Zl9 It ' 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 90 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. C-i 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. 71r 316 O 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: 1 1 Section 1. That the recommendation of the Director of Public Works is hereby received and accepted. zip 311 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. G� 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. 317 V ,M or 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. 1 Y 319 ' 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: $ 137,969.19 319 320 4 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.. 71) n I 00 'JO GC ut i 321 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 79l 322 9 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 Y 329 'L. I 30 30 00 I 1 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,: 324 q 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 324 1 Y 325. --'-� 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 326 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." 326 4 32T j� I I 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. 328 (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. T7R Y 321 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 330 i 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, 330 Y 331 11 00 30 00 a a 17 L L 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. r 1 1 Z ' 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 Qc 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, iI } 371 372 (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. tl 372 3 7 :3 1 J Passed and adopted at a regular meeting of the City Council held this sixth day of June, A.D. 1974. Yor . ty er 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 L. 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. „ 1 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. 1 1 1 37_ 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 1 1 J