HomeMy WebLinkAboutMINUTES-02/04/1975-RegularFebruary 4, 1975
' COUNCIL OF '1111: CITY OF FORT' COLLINS, C01,01UM
Council41anager Form of Government
Regular Meeting - 5:30 P.M.
A Regular Meeting of the Council of the City of Fort Collins was held on
Tuesday, February 4, 197S at 5:30 P.M. in the Council Chamber in the City
of Fort Collins City Hall. Mayor Fead called the neeting to order.
Present: Council members Bowling, "read, Gray, Preble, Reeves, Russell and
Wilkinson.
ifJ Staff members present: Brunton, DiTullio, Bingman, Case, Kost, Cain, Kaplan and
Lewis. Also: City Attorney March.
jApproval of Minutes of Regular Meeting
of January 7, 1975, Regular Meeting of
January 21,1975 and Special Meeting of
January 24, 197S
Mayor Fead stated the approval of the minutes of the meeting of January 7,
1975 had been tabled.
Councilwoman Reeves made a motion,seconded by Councilwoman Preble, to
remove the item from the table for consideration. Yeas: Council members
Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
Councilwoman Reeves indicated a correction should be made on Page 18 on the
vote.of December 19, 1974 regarding Ordinance No. 73, 1974.
Councilwoman Reeves made a motion, seconded by Councilman Bowling, to approve
the minutes of January 7, 1975, as corrected, and the minutes of January 21,
1975 and January 24, 197S as published. Yeas: Council members Bowling, Fead,
Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
Ordinance creating Street Lighting
District No. 4 approved on second reading
Councilwoman Gray made a motion, seconded by Councilman Bowling, to adopt
Ordinance No. 3, 1975. Yeas: Council members Bowling, Fead, Gray, Preble,
Reeves, Russell and 1ilkinson. Nays: None.
ORDINANCE No. 3, 1975
BEING AN ORDINANCE RELATING TO THE CREATION AND
ORGANIZATION OF STREET LIGHTING IMPROVEMENT DISTRICT
NO. 4, PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS
THEREIN, AND AUTHORIZING THE ISSUANCE OF BONDS TO
PAY THE COSTS OF CONSTRUCTION THEREOF
' WHEREAS, heretofore the necessary proceedings were
instituted to create a special improvement district for the
purpose of installing the improvements described on Exhibit
"A" attached hereto (hereinafter sometimes referred to as
"the improvements") for the benefit of the property described
on Exhibit "A"; and
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WHEREAS, the City Council has received the necessary
reports, given the required notice and held a hearing as '
required by the Ordinances of the City; and
WHEREAS, the City Council is of the opinion that it is
in the best interests of the City of Fort Collins to form
said special improvement district.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF FORT COLLINS:
Section 1. That there is hereby created and organized
an improvement district under and by virtue of the provisions
of Chapter 16 of the Code of the City of Fort Collins, to be
known as Street Lighting Improvement District No. 4 (herein-
after sometimes referred to as "the district") comprised of
the property described on Exhibit "A" attached hereto.
Section 2. That the improvements to be constructed
shall consist of the improvements described on Exhibit"A"
attached hereto, all as more fully set forth in the map,
plans and specifications heretofore submitted by the City
Engineer and accepted by the City Council by resolution.
Section 3. That the total cost of such improvements '
shall not exceed by more than five per cent (5%) the City
Engineer's estimate heretofore accepted of $33,993.00,
exclusive of the expense of collection, legal, advertising,
engineering, financing, interest during construction and
other incidentals, and that said total cost together with
such expense of collection, legal, advertising, engineering,
financing, interest during construction and other incidentals
(13% of the cost of such improvements) less the amount of
such costs to be paid by the City (all costs in excess of
the sum of $8,651.88 estimated to be $25,341.12 ) shall be
assessed against the property in said district in the manner
set forth on Exhibit "A" attached hereto in accordance with
the provisions of Chapter 16 of the Code of the City of Fort
Collins.
Section 4. That the City Council has, pursuant to
notice duly mailed and published, all as provided in Chapter
16 of the Code of the City of Fort Collins, considered all
complaints and objections made and filed in writing by the
owners of any real estate to be assessed or any persons
interested; and the City Council further finds that all
requirements of the ordinances of the City of Fort Collins
respecting the organization of the district have been observed
and compiled with in all respects; and it is hereby ordered '
that the improvements in the district a's provided for in the
map, plans and specifications heretofore adopted by the City
Council be and they hereby are ordered to be constructed.
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Section 5. For the purpose of paying the costs of said
improvements, bonds of the City of Fort Collins in the
aggregate principal amount not to exceed by more than five
per cent (5%) the City Engineer's estimate above set forth,
plus the amount authorized by ordinance to be added to cover
the expense of collection, legal, advertising, engineering,
financing, interest during construction and other incidentals
(such amount to be thirteen per cent (13%) of the cost of
such improvements), are hereby authorized to be issued by
the Director of Finance of the City of Fort Collins, which
bonds shall bear the.date of their issuance. Said bonds
shall bear the name of the district and shall bear interest
�0 at the rate of six per cent (6%) per annum, payable semi-
annually; said interest to be evidenced by coupons attached
�• to the principal bond and attested by the facsimile signature
of the City Clerk which said bonds shall be in denominations
of not more than One Thousand and No/100 Dollars ($1,000.00)
each, and each of said bonds shall be subscribed by the
Mayor, countersigned by the Director of Finance and shall
have the corporate seal of the City affixed thereto, attested
by the City Clerk and said bonds shall be registered with
the Director of Finance and shall be sold to the highest and
best bidders for cash, but in no event for less than par,
and in all cases to the bust advantage of the City in order
to pay the costs of the work herein provided. Such bonds
shall be payable out of moneys collected on account of the
assessments made for such improvements, as provided in
Chapter 16 of the Code of the City of Fort Collins. Said
bonds shall be numbered consecutively and shall be redeemable
consecutively according to number and in the order of issuance
and the Director of Finance shall preserve the records
concerning the issuance of said bonds in a suitable book
kept for said purposes. All of said bonds shall be absolutely
due and payable ten (10) years from the date of issue, and
shall be subject to call and payment at any time prior
thereto. All assessments made pursuant to this ordinance,
together with all interest thereon, penalties for default in
payment thereof, and all costs of collecting the same shall,
from the date of final publication of the assessing ordinance
hereafter to be adopted, constitute a perpetual lien on the
property therein assessed on a parity with the tax lien for
general State, County, City, Town or School taxes, and no
sale of such property to enforce any general State, County,
City, Town or School tax or other lien shall extinguish the
perpetual lien of such assessments herein provided to be
made.
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' Section 6. Said bonds and coupons attached thereto
shall be substantially in the following form:
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UNITED STATES OF AMERICA ,
STATE'OF'COLORADO CITY OF FORT COLLINS '
STREET LIGHTING IMPROVEMENT DISTRICT NO. 4
BOND
No. $1,000.00
The City of Fort Collins, in the County of Larimer and
State of Colorado, for value received, acknowledges itself
indebted and hereby promises to pay to the bearer hereof,
the sum of.
ONE THOUSAND and No/100 DOLLARS
in lawful money of the United State of America, at the
office of the Director of Finance of said City, ten (10)
years from the date hereof, subject to call and payment,
however, at any time prior thereto, as provided in the City
Charter and Chapter 16 of the Code of the City of Fort
Collins, with interest thereon from date until payment,
payable semi-annually, at the office of the Director of
Finance of the City of Fort Collins, upon presentation and
surrender of the annexed coupons as they severally become '
due.
This bond is issued for the purpose of paying the costs
of local improvements constructed in Street Lighting Improve-
ment District No. 4 in said City.
This bond shall be callable at any time by the Director
of Finance of the City of Fort Collins as provided in Section
16-29 of the Code of the City of Fort Collins, which provides
as follows:
"Whenever there are available funds in the City Treasury
therefor, -it shall be the duty of the Director of Finance to
call in and pay. a suitable number of any bonds outstanding,
by giving notice for five (5) days in an official newspaper
published in the City. At the expiration of thirty (30)
days from the first publication of such notice, interest on
the bonds so called shall cease. The notice shall specify
by number the bonds called, and all such bonds shall be paid
in numerical order. The holder of any such bonds may at any
time furnish his post office address to the City Clerk and
in such event, a copy of the publication shall be mailed by
the City Clerk to�the bondholder at such address within ten
(10) days after the date of publication." '
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This bond is payable out of the proceeds of special
assessments to be levied upon the real property situate in
said improvement district especially benefited by said
improvements, and the amount of the assessments so to be
made upon the real estate in said improvement district for
the payment thereof, with accrued interest, is a lien upon
the said real estate in the respective amounts to be appor-
tioned to said real estate and to be assessed by an ordinance
of said City, and the lien created by said assessing ordinance,
together with all interest thereon, penalties for default in
the payment thereof, and all costs in collecting the same,
shall, from the date of the final publication of the assess-
Uj ing ordinance hereafter to be adopted, constitute a perpetual
�p lien on a parity with the tax lien for general State, County,
rl City, Town or School tax, and no sale of such property to
enforce any general State, County, City, Town or School tax
or other lien shall extinguish the perpetual lien of such
assessments herein provided to be made.
It is hereby certified and recited that the total issue
of bonds of said City for said improvement district, includ-
ing this bond, does not exceed the amount authorized by law;
and it is further certified and recited that every require-
ment of law relating to the creation of the district, the
making of local improvements therein and the issuance of
' this bond, have been fully complied with by the proper
officers of said City and that all conditions required to
exist and all things required to be done precedent to and in
the issuance of this bond to render the same lawful and
valid have happened and been properly done and performed and
did exist in regular and due time, form and manner as required
by law.
IN TESTIMONY WHEREOF, the said City of Fort Collins has
caused this bond to be subscribed by its Mayor, countersigned
by its Director of Finance, and attested by its City Clerk,
under the seal of said City, and the interest coupons hereto
attached to be attested by the facsimile signature of the
City Clerk as of the day of , lg .
SEAL: Mayor
ATTEST: COUNTERSIGNED:
' City Clerk Director of Finance
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(Form Coupon)
No. $30.00 '
On the day of 19 unless the
bond to which this coupon is attached has been called for
prior redemption, the City of Fort Collins will pay to
bearer
THIRTY and No/100 DOLLARS
in lawful money of the United States of America, at the
office of the Director of Finance of Fort Collins, Colorado,
being six (6) months' interest on its local improvement
bond, dated , 19 , issued for paying the
costs of improvements in Street Lighting Improvement District
No. 4.
(Facsimile Signature)
City Clerk
Section 7. Whenever considered prudent by the Director
of, -Finance, he is hereby authorized and empowered, whenever
sufficient funds may be in his hands to the credit of said
improvement district, including six (6) months' interest on '
the unpaid principal, to advertise for five (5) days in an
official newspaper of said City, and call in a suitable
number of bonds of said district for payment, and at the
expiration of thirty (30) days from the first publication,
interest on said bonds so called shall cease. The notice
shall specify the bonds so called by number and all bonds so
issued shall be called and paid in their numerical order.
Section 8. Upon the taking effect of this ordinance,
the Mayor is hereby authorized and empowered to advertise
for bids for the construction of the improvements in accord-
ance with the map, plans and specifications heretofore
adopted, which advertisement shall be twice published in an
official newspaper published in the City. Said publications
are to be at least a week apart, and the date for opening of
bids shall not be less than ten (10) days after first publica-
tion, and bids received under said advertisement shall be
submitted to the Council for approval or rejection. Adver-
tisements for bids shall comply with the requirements and be
in accordance with the provisions of Chapter 16 of the Code
of the City of Fort Collins.
Section 9. When the improvements herein authorized
have been completed and the same approved and acepted by. the '
City of Fort Collins, the costs as set forth above shall be
assessed upon the real property in said improvement district,
all as hereinbefore set forth.
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Section 11, This ordinance shall be irrepealable until
the indebtedness herein provided for, whenever the same
shall be created, shall have been duly paid, satisfied and
discharged as herein provided.
Introduced, considered favorably on first reading, and
ordered published this 21st day of January, 1975, and to be
presented for final passage on the 4th day of February,
1975.
ATTEST:
City Clerk
Passed and adopted on final reading this 4th day of
February, A.D. 1975.
EXHIBIT A
ORDINANCE NO. 3, 1975
STREET LIGHTING IMPROVEMENT DISTRICT NO. 4
A. Description of property specially benefited by the
improvements to be installed in the district and to be
assessed for the costs incurred in making said improvements:
All lots and lands abutting upon the streets to be
improved with street lighting, to -wit: Lake
Street from College Avenue west to Shields Street
and Prospect Avenue from College Avenue west to
Shields Street
B. Improvements to be installed in the district consist of:,
a
04,
The installation of street lighting on the streets
-within the district
C. The cost of making the improvements in the district
shall be assessed against the assessable property in the
district as follows:
Upon all of the lots and lands abutting on the
streets improved in the district in proportion as
the frontage of each lot or tract of land is to
the frontage of all lots and lands so improved.
The maximum assessment, including the 13% to be
added on account of cost of collection, legal and
advertising, engineering, financing, interest
during construction and other incidentals shall be
3
0.486 per abutting front foot.
First reading: January 21, 1975 (Vote: Yeas: 7, Nays: 0)
Second reading: February 4, 1975 (Vote: Yeas: 7, Nays: 0)
Dates published: January 26 and February 9, 1975.
' Attest:
City Clerk
Ordinance relating to the City electrical
utility and rates for service adopted on
second reading
Councilwoman Reeves inquired into the decrease in the City's cost to BOR.
Utility Director, Stan Case, stated this would have no effect on the present
rates, but will --probably lessen the increase that tiie City will have next
year.
Councilwoman Reeves made a motion, seconded by Councilwoman Preble, to adopt
Ordinance No. 4, 1975 on second reading. Yeas: Council members Bowling,
Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
ORDINANCE NO. 4 , 1975
BEING AN ORDINANCE AMEPJDING 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 same hereby is, amended by deletion thereof
and by substituting therefor the following:
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The following schedule of rates is hereby adopted and approved,
which shall be the lawful rates for the City of Fort Collins to charge and
collect for all electrical service of every kind,. but within and without
the corporate limits of the City of Fort Collins, for customers connected
to the distributing system of the said City of Fort Collins, being the
schedule of rates referred to in Section 112-117 of this Code:
A. Schedule No. 1: Residential Service.
(1)
Applicability. This schedule shall be applicable
within the corporate limits of Fort Collins and the
suburban fringe.
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(2)
Availability, single-family basis. This schedule
is available to residential consumers for all domestic
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uses in single-family private dwellings or individually
metered apartments and is not available for hotels,
motels, fraternities, sororities, clubs, rooming houses,
rest homes, churches, hospitals or for businesses
operated in conjunction with a residence.
.
.(3)
Rates.
Kilowatt -Hours Charges per
Used per Month Kilowatt -Hour
'
First 35 kilowatt-
hours per month $0.05
Next 40 kilowatt-
hours per month .04
Next 300 kilowatt-
hours per month .6223
All additional kilowatt-
hours per monfl .015
(4) Minimum charge. The net minimum charge per meter
per month shall be one dollar and seventy-five cents
($1.75).
(5) Service charge. A service charge of $7.25 will be
collected for the processing of a request for
electrical service under this Schedule.
(6) Availability, multifamily basis. The foregoing rate
schedule is also available for multifamily residential
use by multiplying each step of the rate and the
minimum by the following factors:
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Type of Unit Multiplication Factor
Two-family 1.9
Three-family 2.7'
Four -family 3.4
Five -family 4.1
More than five- 0.8 per unit
family, add over 5 units
(7) Payment of charges. The foregoing rates are net. Bills
for electric service are due and payable within ten (10)
days from the date of billing.
(8) Contract period. All contracts under this schedule shall
be for a minimum period of thirty (30) days and there-
after until terminated upon three (3) days' written
notice to the city.
(9) Rules and regulations.
(a) A family unit is defined as living quarters for a ,
family as herein defined plus the space provided
for rent of sleeping rooms only without cooking
facilities for not exceeding two (2) roomers. In
private residences where space is arranged to be
rented to more than two (2) roomers, space for
each four (4) or less additional roomers shall be
considered as an additional family unit. For the
purpose of the foregoing, a family shall be con-
strued to mean two (2) or more persons related by
blood or marriage. In the event a residence is
not occupied by a family, then a single family
unit shall be construed to be no more than
five (5) persons not related by blood or marriage,
whether roomers or otherwise, and the space for
each four (4) or less additional residents shall be
considered as an additional family unit. (Amended
3-7-74 by Ord. No. 13, 1974)
(b) Those desiring service under this schedule shall
apply at the office of the Light and Power
Department and agree to abide by the conditions
of this schedule and the provisions of the Electric
Service Rules and Regulations of the city, as
approved by the City Council. Any person requesting '
or receiving electric service from the city shall
make his premises subject to inspection by the
Light and Power Department as required.
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B. Schedule No. 2: Business Service.
' (1) Applicability. This schedule shall be applicable within
the corporate limits of Fort Collins and the suburban
fringe. .
(2) Availability.
(a) This schedule is available for lighting service or
combined lighting and power service to commercial
and industrial customers including hotels, motels,
fraternities, sororities, clubs, lodges, rooming
tfJ houses, rest homes, tourist camps, churches,
X hospitals and similar uses, and optionally for
apartments and multiple dwellings where more than
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one (1) dwelling or single living quarter is served
through one (1) meter.
(b) Service under this schedule is available through
a single meter at single-phase or, where service is
available, three-phase secondary voltage. Single-
phase motors from one (1) to five (5) horsepower
may be connected with the approval of the Department.
(3) Rates.
'
Kilowatt -Hours
Charges per
Used per Month
Kilowatt -Hour
First 50 kilowatt-
hours used per month
$0.05
Next 100 kilowatt-
hours used per month
.04
Next 1,350 kilowatt-
hours used per month .036
All additional kilowatt-
hours per month .029
(4) Minimum charges. The minimum charge shall be not
less than three dollars and sixty cents ($3.60)
per month. The minimum demand charge shall be not
less than two dollars ($2.00) per thousand watts of
connected load or two dollars ($2.00) per kilowatt,
fifteen -minute integrated demand if a demand meter is
installed in connection with the service.
' (5) Service charge. A service charge of $7.25 will be
collected for the processing of a request for
electrical service under this Schedule.
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(6) Payment of charges. The foregoing rates are net. '
Bills for electric service are due and payable within
ten (10) days from the date of billing.
(7) Power factor. The customer shall install power factor
correction equipment if necessary, to ensure a power
factor of not less than ninety percent (900/1) lagging.
(8) Contract period. All contracts under this schedule
shall be for a minimum period of thirty (30) days and
thereafter until terminated, where service is no longer
required, on three (3) days' written notice to the city.
(9) Rules and regulations. Those desiring service under
this schedule shall apply at the office of the Light
and Power Department and agree to abide by the con-
ditions of this schedule and the provisions of the
Electric Service Rules and Regulations of the city,
as approved by the City Council.
C. Schedule No. 4: General Secondary Power Service.
(1) Applicability. This schedule shall be applicable within
the corporate limits of Fort Collins and the suburban
fringe. '
(2) Availability. This schedule is available at either
single-phase or three-phase secondary voltage power
service.
(3) Rates.
Kilowatt -Hours
Charges per
Used per Month
Kilowatt -Hour
First 40 kilowatt-
hours used per month
per kilowatt of demand,
but not less than for first
80 kilowatt-hours used
$0.055
Next 60 kilowatt-
hours used per month
per kilowatt of demand,
but not less than for next
120 kilowatt-hours used
.0485
All additional kilowatt-hours
used per month .0175 ,
(4) Minimum charges.
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(a) The net monthly minimum charge per kilowatt
' of demand shall be one dollar and fifty cents
($1.50).
(b) The minimum monthly charge shall be not less
per meter than three dollars and sixty cents
($3.60).
(5) Service charge. A service charge of $27.50 will
be collected for the processing of a request for
electrical service under this Schedule.
(6) Payment of charges. The foregoing rates are net.
Bills for electric service are due and payable within
4j ten (10) days from the date of billing.
s7 (7) Determination of billing demand. The highest rate of
use in kilowatts during any fifteen -minute interval
of the billing period shall be as determined at the
Light and Power Department's option by demand meter
or periodic load test.
(8) Power factor adjustment. If the power factor during
the time the billing demand is established falls below
the figure ninety percent (90%) lagging, adjustment
may be made by increasing the measured demand for each
month by one percent (U) for each one percent (1%)
or major fraction thereof by which the power factor
during the billing demand period is less than ninety
percent (90%) lagging.
(9) Contract period. Service under this schedule is
available for a minimum period of ninety (90) days
and thereafter until terminated by three (3) days'
written notice to the city.
(10) Rules and regulations. Those desiring service under
this schedule shall apply at the office of the Depart-
ment and agree to abide by the conditions of this
schedule and the provisions of the Electric Service
Rules and Regulations of the city, as approved by the
City Council.
D. Schedule No. 5: Industrial Power.
(1) Applicability. This schedule shall be applicable within
the corporate limits of Fort Collins and the suburban
fringe.
' (2) Availability. This rate is intended to �e available at
the voltage of the city's primary electric system at
thirteen thousand eight hundred (13,800)'volts for
three-phase industrial power and combined lightinq
and power.
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(3) Rates. '
Kilowatt -Hours Charges per
Used per Month Kilowatt -Hour
First 50 kilowatt-
hours used per month
per kilowatt of billing demand,
but not less than 6,250
kilowatt-hours $0.04
Next 40 kilowatt-
hours used per month
per kilowatt of billing demand,
but not less than 5,000
kilowatt-hours .0366
Next 500,000 kilowatt-
hours used per month .0082
Excess kilowatt-hours .007
(4) Minimum Charges. The minimum charge shall be not
less than five hundred dollars ($500.00) per month
for power service, provided that the connected lighting
.load used does not exceed twenty-five percent (25%) of
the total connected load, and not less than five
thousand dollars ($5,000.00) per month for combined
lighting and power service where the connected
lighting load exceeds twenty-five percent (25%).
(5) Service charge. A service charge of $27.50 will be
collected for the processing of a request for
electrical service under this Schedule.
(6) Payment of charges. The foregoing rate is net.
Bills for electric service are due and payable within
.ten (10) days from the date of billing.
(7) Billing demand. The billing demand shall be the
highest rate of use in kilowatts during any fifteen -
minute interval of the billing period, as determined
at the Light and Power Department's option by demand
meter or periodic load test, adjusted by the power
factor adjustment, provided that it shall be not less
than sixty percent (60%) of the highest billing demand
occurring during any of the preceding eleven (11)
months. ,
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' (8). Power factor adjustment. If the power factor during
the time the billin demand is established falls below
ninety percent (90%3 lagging, adjustment may be made
by increasing the measured demand for each month by
one percent (1%) for each one percent (1%) or major
fraction thereof by which the power factor during the
billing period is less than ninety percent (90%)
lagging.
(9) Secondary service. Where service is rendered under
this schedule at secondary voltage and the city owns
and furnished the transformer and substation con-
verting to the lower voltage desired by the customer,
an additional charge shall be made each month of two
percent (2%) of the bill for service. If for any reason
—� metering is accomplished at secondary voltage, an
additional one and one-half percent (1-1/2°%3 shall be
added to the monthly bill. A charge additional to the
schedule shall be made each month of two percent (2%)
of the bill for service at two thousand four hundred
(2,400) volts or four thousand one hundred sixty
(4,160) volts.
(10) Contract period. Service under this schedule is
' available for a minimum period of twelve (12) months
and thereafter until terminated by ten (10) days'
notice in writing to the city.
(11) Rules and regulations. Service under this schedule is
subject to provisions of the Electric Service Rules and
Regulations of the city, as approved by the City Council.
E. Schedule No. 10: Special Area Floodlighting.
(1) Applicability. This schedule shall be applicable within
the corporate limits of Fort Collins and the suburban
fringe for outdoor area floodlighting of consumer's
property from dusk to dawn where such service can be
rendered directly from existing secondary distribution
lines of the city.
(2) Rates.
Size of
Mercury Vapor Lamp Charges per Month
Single
175-Watt $ 4.75
250-Watt 6.25
400-Watt 8.50
1,000-Watt 17.50
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High Pressure Sodium Lamps Charges per Month
250-Watt $ 8.50 '
400-Watt 17.50
(3) Payment of charges. The foregoing rates are net. Bills
for electric service are due and payable within ten (10)
days from the date of billing.
(4) Contract period and.conditions.
(a) Service under this schedule is available for a
minimum period of twelve (12) months and there-
after until terminated by ten (10) days' notice
in writing to the city.
(b) The city will install, own, operate and maintain
all area lighting equipment installed on existing
pole line facilities under this schedule. If
underground service is desired or additional poles
and wire or special fixtures should be required,
approval of the city must be obtained and the
additional costs therefor shall be paid in advance
to the city by the consumer on a nonrefundable
basis. ,
(c) The burning of the lamps shall be controlled by
automatic control equipment installed by the
city, and burning time shall be approximately
thirty (30) minutes after sunset to approximately
thirty (30) minutes before sunrise.
(d) The city shall be notified by the consumer of any
operational failure of the lamps. Lamp replace-
ments or repairs will be performed only during
regular working hours.
(5) Rules and regulations. Those desiring service under
this schedule shall apply at the office of the Light and
Power Department and agree to abide by the conditions of
this schedule and the provisions of the Electric Service
Rules and Regulations of the city, as approved by the
City Council.
F. Schedule No. 11: Combined Lighting and Power Service.
0 ) Applicability. This schedule shall be applicable in the
service .area of the City of Fort Collins for supplying
all of the electric lighting and power requirements of a I
customer through a single meter.
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(2) Availability. This rate is available at the established
secondary voltage of the city's
distribution system.
Service shall be at three-phase
except that it may be
rendered at single-phase with the
approval of the light
and Power Department. Voltages
for four -wire service
shall be subject to the requirements of the Department.
(3) Rates.
Charges Per
Kilowatt -Hours Used
Kilowatt -Hour
First 60 kilowatt-
UO
hours used per month
per kilowatt of billing demand,
J
but not less than 2,400
ra
kilowatt-hours
$0.04
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Next 75 kilowatt-
hours used per month
per kilowatt of billing demand,
but not less than 3,000
kilowatt-hours
.033
Next 20,000 kilowatt-
hours used per month
.015
Excess kilowatt-hours
.007
(4) Minimum charge. The minimum charge shall be not
less than two hundred dollars ($200.00) per month.
(5) Service charge. A service charge of $27.50 will be
collected for the processing of a request for electrical
service under this Schedule.
(6) Payment of charges. The foregoing rates are net.
Bills for electric service are due and payable within
ten (10) days from the date of billing.
(7) Billing demand. The billing demand shall be determined
by suitable meter measurement of the highest fifteen -
minute integrated demand occurring during the monthly
billing period, adjusted by the power factor adjust-
ment, provided that it shall be not less than sixty
percent (60%) of the highest billin demand occurring
during any of the preceding eleven ?ll) months.
(8) Power factor adjustment. If the power factor during
the time the billin demand is established falls below
ninety percent (90%� lagging, adjustment may be made
by increasing the measured demand for each month by
one percent (1%) for each one percent (1i) or major
fraction thereof by which the power factor during
the billing demand period is less than ninety percent
(90%) lagging.
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(9) Primary service. Where service is metered under this
schedule at primary voltage, a discount shall be made '
each month of one and one-half percent (1-1/2%) of the
bill for service. Where service is taken at the city's
established primary voltage and the cj_ty does not own
the transformers and substations converting to secondary
voltage, an additional credit of two percent (2Y) of
the monthly bill shall be allowed.
(10) Contract period. Service under this schedule is
available for a minimum period of twelve (12) months
and thereafter until terminated by ten (10) days' notice
in writing to the city.
(11) Rules and regulations. Those desiring service under this
schedule shall apply at the office of the Light and Power
Department and agree to abide by the conditions of this
A + schedule and the provisions of the Electric Service
Rules and Regulations of the city, as approved by the
City Council.
G. Schedule M: Municipal Street Lighting.
(1) Applicability. This schedule shall be applicable only
to municipal street lighting service.
(2) Availability. This service shall be available within '
the city limits of Fort Collins; Colorado.
(3) Rates.
Mercury Vapor Lamps Charge
Burning Dusk to Dawn per Year
175-Watt $ 45.25
250-Watt 53.00
400-Watt 66.00
1,000-Watt 125.25
High -Pressure Sodium Lamps Charge
Burning Dusk to Dawn per Year
250-Watt $ 65.00
400-Watt 90.50
(4) Payment of charges. Bills for municipal street lighting ;
service will be rendered by the Light and Power Depart-
ment and paid by the city at the end of each month.
Monthly billing will be based on the inventory of
completed installations at the time of billing.
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(5) Lighting districts.
(a) Artificial lighting districts, if not covered by
the provisions of Chapter 16, Improvements. Local
Public, of this Code, are to be financed by the
subdivider on a cash basis, subject to material
and installation costs at the time of the installa-
tion. Participation by the city at large in
artificial lighting districts shall be limited to
the additional costs incurred due to lighting levels
in excess of residential standards.
(b) Where requested by the city, the Light and Power
Department shall install all lamps, wire, poles
and fixtures and other necessary equipment for
service. Such installations are to be financed
by the city general fund.
H. Schedule T: Traffic Signal Service.
(1) Applicability. This schedule shall be applicable only
to municipal traffic signal service.
(2) Rates.
Charge per
Kilowatt -Hour
Kilowatt-hours used $ .0211
(3) Equipment rental charges, when applicable, will be
determined by cost analysis by the Department. Service
extensions and signal installations by the Department
are to be financed by the city general fund, subject
to material and installation costs at the time of
.installation.
(4) Payment of charges. Bills for traffic signal energy
consumption and equipment rental shall be rendered by
the Light and Power Department and paid by the city at
.the end of each month. Monthly billings shall be based
on the inventory of completed installations at the time
of billing.
I. Electric Rates: General Service .Rules and Regulations. The
rules and regulations applicable to electric service and persons
receiving electric service from the City of Fort Collins shall
be such rules and regulations as are adopted by the Department
of Municipal Public Utilities and.approved by resolution of
the Council of the City.of Fort Collins. . Upon such adoption
and approval, all such rules and regulations shall be in full
force and effect and shall apply to any person, corporation
or other entity receiving electric service from the city.
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Section 2. That Section 112-121 of the Code of the City of Fort
Collins be, and the same hereby is, amended by deletion thereof and by
substituting therefor the following:
Interference with meters prohibited.
No person shall willfully injure, alter or in any manner
interfere with or obstruct the action or operatit�, of any
meter provided for measuring or registering thr,'Ilmount of
electricity passing through it, without the knowledge and
consent of the Department of Municipal Public Utilities.
It shall be unlawful to remove electric meters and to
break electric meter seals.
Section 3. That Section 112-123 of the Code of the City of Fort
Collins be, and the same hereby is, amended by deletion thereof and by
substituting therefor the following:
Prima facie evidence of violations.
Proof of the existence of any wire connection or of any
injury, alteration or obstruction of a meter, as provided
in Section 112-119 to 112-122 above, shall be taken as prima
facie evidence of the guilt of the person in possession of
the premises where such connection, injury, alteration or
obstruction is proved to exist. Such evidence shall be
just cause for the immediate discontinuance of electric
service without notice.
Introduced, considered favorably on first reading, and ordered
published thisday of u u A.D. 1975, and to be presented
for final passage on the 4te4 day of _ A.D. 1975.
ATTEST:
City Clerk �-
Passed and adopted on final reading this day of �.
A.D. 1975. 1-7
ATTEST:
Mayor--
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City Clerk
0
First reading: January 21, 1975 (Vote: Yeas: 7, Nays: 0)
Second Reading: February 4, 1975 (Vote: Yeas: 7, Nays: 0)
Dates published: January 26, 1975 and February 9, 1975.
Attest.:
City Clerk
Ordinance adopted on second reading
amending the Code relating to traffic
control signals
Councilman Bowling made a motion, seconded by Councilman Wilkinson, to
adopt Ordinance No. 5, 1975 on second reading. Yeas: Council members
;Q Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
W
ORDINANCE NO. 5 , 1975
BEING AN ORDINANCE ADIENDING SECTION 114-86B
OF THE CODE OF THE CITY OF FORT COLLINS RELATING
TO TRAFFIC CONTROL SIGNALS
' BE IT ORDAINED BY THE COUNCIL OF THE CITY.OF FORT COLLINS:
That Section 118-86B of the Code of the City of Fort collins be,
and the same hereby is, amended by deleting from subsection (1) thereof
the following words:
"and such vehicular traffic shall be clear of the
intersection when such red light is exhibited."
Introduced, considered favorably on first reading, and ordered
published this ZZ'-J day of A.D. 1975, and to be presented
for final passage on the ti day o A.D. 1975.
ATTEST: Mayor
City Clerk
O J
Passed and adopted on final reading this .4L day of
A.D. 1975.
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ATTEST:
City Clerk
First reading: January 21, 1975 (Vote: 7, Nays: 0)
Second reading: February 4, 1975 (Vote: 7, Nays: 0)
Dates published: January 26 and February 9, 1975
Attest •
City Cler -
Resolution adopted changing the names of
certain streets in Buckingham in the
Andersonville Area
Mayor Fead stated these street name changes were in accordance with the
request of the citizens of the area.
Councilman Russell made a motion, seconded by Councilwoman Gray, to adopt the I
resolution. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves,
Russell and Wilkinson. Nays: None.
RESOLUTION 75-7
OF THE COUNCIL OF TUS CITY OF FORT COLLINS
CHANGING THE NAMES OF CERTAIN STREETS IN
ANDERSON PLACE, A SUBDIVISION IN THE CITY
OF'FORT COLLINS
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That the name of that certain street heretofore known as A Street
located in Anderson Place, a subdivision in the City of Fort Collins, is
hereby changed to Romero Street; and
That the name of that certain street heretofore known as B Street
located in Anderson Place, a subdivision in the City of Fort Collins, is
hereby changed to San Cristo Street; and
That the name of that certain street heretofore known as.0 Street
located in Anderson Place, a subdivision in the City of Fort Collins, is '
hereby changed to Trujillo Street.
Passed and adopted at a regular meeting of the City Council
held this 4th.day of February, A.D. 1975.
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ATTEST: Mayoy
City Clerk
Resolution adopted relating to Street
Lighting Improvement District No. 4
and establishing a policy regarding
credits
City Attorney March stated at the last Council meeting (January 21, 1975)
Council had requested a resolution to tie doiNn the fact that people who
had previously contributed toward lighting improvements in that area would
not be assessed. This matter is taken care of in the resolution.
RESOLUTION 75-8
OF THE COUNCIL OF THE CITY OF FORT COLLINS
RELATING TO STREET LIGHTING IMPROVEMENT
' DISTRICT NO. 4 AND ESTABLISHING THE POLICY
OF THE COUNCIL REGARDING CREDITS TO PROPERTIES
WHICH HAVE HERETOFORE CONTRIBUTED TOWARD
STREET LIGHTING IN THE DISTRICT
WHEREAS, the City is presently in the process of forming Street
Lighting Improvement District No. 4 for the purpose of installing street
lighting on portions of West Lake Street and West Prospect Street in the
City; and
WHEREAS, it has come to the attention of the City Council that
some of the properties in the proposed district have heretofore contributed
toward the street lighting now existing on the streets being improved; and
WHEREAS, it is the general policy of the City not to charge
individual properties more than one time on account of the same type of .
improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council hereby establishes a policy in connection
with Street Lighting Improvement District No. 4 that at the time of assessing
the cost of the improvements a credit will be given to any property in the
' district which has previously contributed toward the cost of establishing
the existing street lighting, which credit shall be the amount of the
previous contribution made on behalf of such property up to the amount
of the assessment in the present district.
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Passed and adopted at a regular meeting of the City Council '
held this 4th.day of February,. A.D. 1975.
ATTEST:
City Clerk
Annual report of the Liquor Licensing Authority
Accepted
Mayor Fead stated Council had received the report and inquired if any members
of the Council had any comments.
Councilman Russell made a motion, seconded by,Councilman Bowling, to accept
the report of the Liquor Licensing Authority and direct the City Clerk to
direct to the members of the Authority Council's appreciation for the work
this Board has accomplished and appreciation to the City Clerk in working I
with the Authority. Yeas: Council members Bowling, Fead, Gray, Preble,
Reeves, Russell and Wilkinson. Nays: None.
Various easement and dedication deeds
Accepted
City Attorney March stated these were routine easements which Council needed
to accept before they become effective.
Listed below is a summary of easements or deeds for property recently obtained
by the City:
A. Dedication Deed from Bartran Homes, Inc.
This dedication is for the additional lands needed for Drake and Timberline
Roads adjacent to the Platte River Power Authority and other lands still in
the name of Bartran Homes, Inc. which has been recently zoned Industrial.
B. Street Right-of-R'ay Dedication on Whedbee and Parker Streets.
Portions of Bhedbee and Parker were inadvertently included in the Columbine
Nursing Home Subdivision; this dedication from Columbine of Fort Collins, Inc.
C. Easement for Street and Sidewalk Right -of -Way. '
This easement is from C. E. and Lela M. Gilliland in connection with the
right -of -tray on Shields Street for our public road, pedestrian sidewalk and
bike path. The cost of this easement is $2,600.
Inn
Jul.
D. Right -of Way Agreement between the City and Pleasant Valley and Lake
Canal Company.
This agreement will allow the City to construct a 12-inch rater main
extension along Mulberry and Elizabeth Streets from approximately Ponderosa
Drive west to Overland Trail.
Councilwoman Preble made a motion, seconded by Councilwoman Reeves, to accept
the above easements and dedication deeds. Yeas: Council members Bowling,
Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
Emergency Ordinance adopted authorizing
the issuance of Sewer Refunding Revenue
40 Bonds
�Q City Attorney March stated a figure was missing on Page 5 of the Ordinance
GQ and needed to be inserted; that figure being $693,943.
Councilman Russell made a motion, seconded by Councilwoman Reeves, to insert
the figure $693,943 in the blank on Page 5 of the Ordinance. Yeas: Council
members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays:
None.
ORDINANCE NO.
AN ORDINANCE AUT11ORI?.INC THE ISSUANCE. OF SEWER RE-
FUNDING REVENUE BONDS, SERIES 1975, OF THE: CITY OF
FORT COLLINS, COLORADO, IN THE PRINCIPAL AMOLDIT OF
$3,155,000, FOR THE PURPOSE OF REFUNDING $1,640,000
SEWER REFUNDING AND IMPROVEIENT REVENUE BONDS,
SERIES JUNE 1, 1965, SUBSERIES I, AND $2,000,000
SEWER IMPROVEMENT REVENUE BONDS, SERIF..S JUNE 1,
1974, OF THE CITY OF FORT COLLINS; PRESCRIBING THE
FORM OF SAID REFUNDING BONDS; PROVIDItir FOR THE
APPLICATION OF THE NET REVENUE OF THE SANITARY
SF.WF,A. SYSTEM. TO PAY THE BONDS AND THE INTEREST
THEREON, AND OTHER DETAILS IN CONNECTION THERE-
WITH; PROVIDING FOR THE PROCEEDS OF SAID REFUND-
ING BONDS TO BE DEPOSITED IN A SEPARATE TRUST AC-
COUNT FOR THE PAYMENT OF THE. BONDS BEING REFUNDED;
AND DECLARING AN EMERGENCY.
WHEREAS, the City of Fort Collins, in the County of
Larimer and State of Colorado, has previously authorized and
' issued its Sewer Refunding and Improvement Revenue Bonds,
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Series June 1, 1965, Subseries I, dated June 1, 1965 (herein- '
after referred to as the "1965 Issue"), in the total amount
of $2,200,000, of which there now remains outstanding the
principal amount of $1,640,000, consisting of. 328 bonds in
the denomination of $5,000 each, nudbered I-113 to I-440,
inclusive, bearing interest payable semiannually on June 1
and December 1 each year, and maturing, serially on December 1
as follows:
Bond
Numbers
Amounts
Years
Interest Rate
(All Inclusive)
Maturing
Maturing
(Per Annum)
I-113
- 1-137
$125,000
1975
37
I-138
- I-162
125,000
1976
3`/
I-163
- I-188
130,000
1977
3.10%
I-189
- I-216
140,000
1978
3.10%
I-217
- I-245
145,000
1979
3.10%
I-246
- I-275
150,000
1980
3.10%
I-276
- I-306
155,000
1981
'
3-1/8%
1-307
- I-338
160,000
1982
3-1/8%
I-339
- I-371
165,000
1983
3.20%
I-372
- I-405
170.000
1984
3.20%
1-406
- I-440
175,000
1985
3.20%
and
WHEREAS, bonds of said series maturing December 1, 1975
and thereafter are redeemable prior to maturity at the option .
of the City, in inverse numerical order, on December 1, 1974
and on any interest payment date thereafter, unon payment of .-
par, accrued interest and a premium of 17, of principal; and
WHEREAS, the City of Fort Collins has also previously
authorized and issued its Sewer Improvement Revenue Bonds,
Series June 1, 1974, dated June 1, 1974 (hereinafter re-. '
ferred to as the "1974 Issue"), in the total amount of
$2,000,000, the entire amount of which now remains outstand-
ing, consisting of 400 bonds in the denomination of $5,000
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each, numbered 1 to 400, inclusive, bearing; interest paya-
ble semiannually on June 1 and December 1 each vear, and ma-
turing serially on December 1 as follows:
Bond Numbers
Amounts
Years
Interest Rate
(All Inclusive)
Maturing
Maturing
(Per Annum)
1
- 2
$ 10,000
1977
6.25%
3
- 4
10,000
1978
6.25%
5
- 6.
10,000
1979
6.25%
7
- 8
10,000
1930
6.25% .
9
- 10
10,000
1981
6.25%
11
- 12
10,000
1082
6.25%
13
- 14
10,000
1983
6.25%
15
- 16
10,000
1984
6.25%
17
- 18
10,000
1985
6.25%
19
- 54
.180,000
1986
6.25% .
55
- 91
185,000
1987
6.25;!,
92
- 130
195,000
1988
6.20%
131
- 170
200,000
1989
6.20%
171
- 212
210,000
1990
6.20%
213
- 256
220,000
1991
6.20%
257
- 302
230,000
.1992
6.30%
303
- 350
240,000
1993
6.35%
351
-400
250,000
1994
6.40%
and
WHEREAS, bonds of said series maturing December 1, 1934
and thereafter are redeemable prior to maturity at the option
of the City, in inverse numerical order, on June 1, 1934 and
on any interest payment date thereafter, upon payment of par,
accrued interest and a premium of 27 of principal if redeemed
on or before December 1, 1988, and upon payment of par, ac-
crued interest and a premium of 1% of principal if redeemed
after December 1, 1988; and
WHEREAS, the City Council has determined that it is ne-
cessary and in the best interests of the City that the out-
standing 1965 and 1974 Issues of sewer bonds described
above, in the aggregate principal amount of $3,640,000 re-
maining outstanding, be refunded (1) in order to remove
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restricting and ambiguous covenants and to permit the issu-
ance of future sewer revenue bonds adclitionally secured by a
pledge of net revenues of the City's sanitary sewer system,
on a parity first lien basis, regardless of time of issuance,
and without satisfaction of an earnings test, and thereby to
permit the issuance offurther bonds on more advantageous
terms without question as to the existence of the superior
prior pledges or liens; and (2) in order to reduce rates and
interest costs and to effect other economies, thereby provid-
ing the City with a decrease in total requirements in excess
of $ (3 all to the benefit of .the City and its inha-
bitants, in accordance with the Charter; and
WHEREAS, Sewer Refunding Revenue Bonds, Series 1975, in '
the amount of $3,155,000, have been sold and awarded to
Boettcher and Company, of Denver, Colorado, for cash, at par
and accrued interest;
THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, COLOP.ADO:
Section 1. That for the purpose of.providing funds with
which to refund and pay $1,640,000 of its 1965 Issue, and
$2,000,000 of its 1974 Issue, above described, the City of
Fort Collins, Colorado shall issue its Sewer Refunding Revenue
Bonds, Series 1975, in.the principal amount of $3,155,000.
Said Refunding Bonds shall be dated 'larch 1, 1975; shall con- '
sist of 631 bonds in the denomination of $5,000 each: num-
bered 1 to 631, inclusive; shall bear interest at the rate of
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7%.per annum,. payable .Tune 1, 1975 and semiannually thereafter
on the 1st day of June and the 1st day of December each year,
and shall mature semiannually on June 1 and December 1 as
follows:
Amount:
Maturity
$ 50,000
June
1,
1975
65;000
December
1,
1975
75,000
June
1,
1976
45,000
December
1,
1976
75,000
June
1,
1977
55,000
December
1,
1977
75,000
June
1,
1978
65,000
December
1,
1978
75,000
June
1,
1979
75,000
December
1,
1979
100,000
June.
1,
1980
60,000
December
1,
1980
100,000
June
1,
1981
70,000
December
1,
1981
100,000
June
1,
1982
80,000
December
1,
1982
100,000
June
1,
1983
95,000
December
1,
1983
125,000
June
1,
1984
85,000
December
1,
1984
125,000
June
1,
1985
100,000
December
1,
19C5
125,000
June
1,
1936
115,000
December
1,
1986
150,000
June
1,
1987
(105,000
December
1,
1987
150,000
June
1,
1988
125,000
December
1,
1988
150,000
June
1,
1939
145,000
December
1,
1989
150,000
June
1,
1990
145,000
December
1,
1.990
Bonds of this issue maturing December 1, 1985 and there-
after shall be_redeemable prior to maturity at the option of
the City, in inverse numerical order, on June 1, 1985
and on any interest payment date thereafter, upon payment of
par, accrued interest and a premium of 37. of principal.
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Notice of prior redemption shall be given by publica-
tion at least one time in a newspaper having general circu-
lation in the City of. Fort Collins, not less than thirty
(30) days prior to the date of redemption. Notice shall also
be given by mailing a copy of the notice by registered,
first class mail, to Boettcher and Company, Denver, Colo-
rado, the original purchaser of the bonds, not less than
thirty (30) days prior to the date of redemption.
The principal of and interest on said Refunding Bonds
shall be payable in lawful money of the United States of
America, at the office of the Director of Finance, in Fort
.Collins, Colorado.
The 1975 Refunding Bonds shall be signed with the fac-
simile signature of the Mayor, with a facsimile of the seal of
the Citv affixed thereto, attested by the manual signature
of the City Clerk, and countersigned by the facsimile signa-
ture of the Director of Finance of the City. The'interest
coupons attached to said bonds shall bear the facsimile sig-
nature of the _Director of Finance, and when issued as afore-
said as part of said bonds, shall be the binding obligations
of the City accordin,,g to their import. Should any officer
whose manual or facsimile signature appears on said bonds or
the interest coupons attached thereto cease to be such offi-
cer before delivery of the bonds to the purchaser, such manu-
al or facsimile signature shall nevertheless be valid and
sufficient for all purposes.
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.Section 2, That the Refunding Bonds and the interest
coupons attached thereto shall be in substantially the fol-
lowing form:
(Form of Bond)
UNITED STATES OF AMERICA
STATE OF COLORADO COUNTY OF LARIMER
LM CITY OF FORT COLLINS
00 SEWER REFUNDING REVENUE BOND, SERIES 1975
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No. $5,00O
W
The City of Fort Collins, in the County of Latimer and
State of Colorado, for value received, hereby promises to
pay to the bearer hereof., out of the special fund or funds
hereinafter designated, but not otherwise, the principal sum
' of
FIVE THOUSAND DOLLARS
June
on the 1st day of December, 19_, with interest thereon at
the rate of seven per centum (7;0)
per annum, payable on June 1, 1975 and semiannually thereafter
on the 1st day of June and the 1st day of December each year,
as evidenced by interest coupons attached hereto, both prin-
cipal and interest being payable in lawful money of the United
States of America, at the office of the Director of Finance, in
Fort Collins, Colorado, upon presentation and surrender of the
annexed coupons and this bond as they severally become due.
' Bonds of this issue maturing December 1, 19$5 and there-
after are redeemable in inverse numerical order, at the ovtion
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of the City,' on June 1, 1985 and on any interest payment
date thereafter, upon payment of par, accrued interest and a
premium of 3% of principal. Notice of such prior redemption
shall be given in the time and manner as more particularly
set forth in the Ordinance authorizing the issuance of this
bond.
This bond is issued by the City Council of the City of
Fort Collins, Colorado, for the purpose of paving
and refunding lawful and valid outstanding sewer revenue
bonds of the City, under the authority of and in full con-
formity with the City Charter and the Constitution of the
' State of Colorado, and pursuant to an Ordinance of said City,
duly adopted, published and made a law of the City prior to
the issuance of this bond.
Both the principal of and the interest on this bond are
payable solely out of a special fund created in full con-
formity with law and designated as the "City of Fort Collins
Sewer Fund", which Fund shall contain all of the income and
revenue derived by the City from the operation of the munici-
pal sanitary sewer system, from which will first be paid the
necessary and reasonable costs and expenses of the operation
and maintenance of the system. If necessary, payment of prin-
cipal and interestshall be made from the "City of Fort Collins
Sewer Refunding Revenue Bond Reserve Fund" created for such
purpose, all as is more particularly set forth in the Ordi-
nance authorizing the issuance of this bond. The bonds of
this issue are equitably and ratably secured by a lien on the
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net income and revenue of the municipal sanitary sewer system.
It is
hereby recited;
certified
and warranted
that
for
the payment
of this bond,
the City of
Fort Collins
has
ere-
ated and will maintain said Fund and will deposit therein the
amounts and revenue specified in said Ordinance, and out of
said Fund, as an irrevocable charge thereon,_will pay this
LM bond and the interest.thereon, in the manner provided by
OG
.-I said Ordinance. For a description of the Fund and the na-
W ture and extent of the security afforded thereby for the pay-
ment of this bond, reference is made to that Ordinance.
This bond does not constitute a debt or indebtedness of
the City of Fort Collins within the meaning of any Charter or
constitutional limitation, and shall not be considered or
' held to be a general obligation of the City.
It is hereby certified and recited that all acts and
things required to be done and conditions and things re-
quired to exist precedent to and in the issuance of this
bond to render the same lawful and valid, have happened, been
properly done and performed, and did exist in regular and
due time, form and manner, as required by law
For the payment of this bond and the interest thereon,
the City of Fort Collins pledges the exercise of all its
lawful corporate powers.
IN TESTIMONY WHEREOF, the City Council of the. City of
Fort Collins, Colorado has caused this bond to be signed with
' the facsimile signature of the Mayor, sealed with a facsimile
of the seal of the City, attested by the manual signature of
the City Clerk, countersigned with the facsimile signature of
109
the Director of. Finance, and the interest- coupons attached
hereto to be signed with the facsimile signature of the Di-
rector of Finance, as of the 1st day of March, 1975.
(FACSIMILE SEAL)
ATTEST:
(Do Not Sign)
City Clerk
COUNTERSIGNED:
_ (Facsimile gnature)
DirecttSiFinance)
No.
CITY OF FORT COLLINS, COLORADO
(Facsimile Signature)
Mayor
(Form of Interest Coupon)
S
June
On the 1st day of: December, 19 , unless the bond to
which this coupon is attached, if redeemable, has been called
for prior redemption, the City of Fort Collins, in the County
of Larimer and State of Colorado, will pay to bearer the
amount shown hereon, in lawful money of the United States of
America, at the office of the Director of Finance, in Fort
Collins, Colorado, out of the City of Fort Coliihs Sewer
Fund, or if necessary from the City of Fort Collins Sewer
1
1
1
110
Refunding Revenue Bond Reserve Fund, but not otherwise, be-
ing interest then due on its Sewer Refunding Revenue Bond,
Series 1975, dated March 1, 1975, bearing
No.
(Facsimile Signature)
Director orFinance
Section 3. Disposition o1-Bond Proceeds. The bonds
0 shall be sold and delivered to the purchaser solely to pro-
W vide the City with money for the purpose of redeeming, and
refunding the outstanding 1965 and 1974 Issues.
The proceeds of the bonds herein authorized shall be
used only for the purposes recited above; provided, however,
that all or any portion of the bond proceeds may be temporari-
ly invested or reinvested, pending such use, in securities or
obligations which are lawful investments for such mu
nici-
palities in the State of Colorado. It is hereby covenanted
and agreed by the City that any temporary investment or re-
investment of the bond proceeds, or any portion thereof,
shall be of such nature and extent, and for such period, that
the bonds of the City shall not be or become "arbitrage bonds"
within the meaning of Section 103(d) of the Internal Revenue
Code and pertinent regulations thereto; and such proceeds, if
so invested or reinvested, shall be subject to the limita-
tions and restrictions of said Section.103(d), as the same
now exists or may later be amended, and shall further be
' subject to any applicable regulations of the Internal Revenue
Service.
ill
1,T2
Neither the purchaser of said bonds, nor the subsequent ,
holders of any of them shall be responsible for the applica-
tion or disposal by the City or any of its officers of the
funds derived from the sale thereof.
The issue of said bonds by the City shall constitute
a warranty by and on behalf of the City for the benefit of
each and every holder of any of said bonds, and that said
bonds have been issued for a valuable consideration in full
• conformity with law.
Section 4. Reimbursement of Principal and Inter.cst. If. ne-
cessary, the principal and interest due on said bonds on
June 1, 1975 shall be advanced from any fund of the City
available therefor, said amount to be later reimbursed from '
the net revenues of the sanitary sewer system. The principal
of and interest on said bonds shall be payable solely out of
the net income and revenue to he derived by the City from the
operation of the sanitary sewer system, as specified in this
Ordinance. The term "sanitary sewer system" shall include
not only the property comprising, the sanitary sewer system
at the present time, but all improvements and extensions
heroAfl:er constructed or acquired by the City.
Section 5. Rates and Charges for Sanitary Sewer
Service. The City Council of the City covenants that it will
continue in force rates and charges for services rendered by
the sanitary sewer system, to create income and revenue each ,
year sufficient to pay maintenance and operation expenses
of the system, an amount eaual to not less than 1200 of the
112
maximum annual interest and _principal requirements
of the bonds authorized herein, and all bonds outstanding and
payable from the revenues of the system,
In the event that the
revenues at any time are not sufficient to make such payments,
the City shall increase the rates and charges for sanitary
LM sewer service to such.an extent as to insure the payments
00
and accumulations required by this Ordinance.
W
W It shall be the duty of the City to establish, maintain
and enforce such rates continuously until all of said bonds
and the interest thereon have been fully paid and discharged.
Section 6. Payment of Principal and Interest - Sewer
Fund. That for purposes of this Ordinance, a separate ac-
count shall be set aside, maintained and known as the "City
of Fort Collins Sewer Fund". So long as any of the bonds
hereby authorized shall be outstanding, either as to prin-
cipal or interest, all income and revenues derived from the
operation of the system, except the City's existing sewer
trunk line assessments, sewer main line assessments, and
sewer tap fees and the plant investment fees credited to
the City's existing Sewer Capital Improvement Fund, shall be
deposited into the Sever Fund.
That so long as any of the bonds hereby authorized shall
be outstanding either as to principal or interest, or both,.
the foliowin.a payments shall. be made from the Sewer Fund:
A. 0. & M. Expenses. First, as a first charge thereon,
there shall be set aside from time to time moneys sufficient
113
I 4
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 (January 1 to December 31, inclusive) and not needed for
operation and maintenance expenses shall be transferred to
the Sewer Fund and be used for the purposes thereof, as herein
provided.
B. 1975 Refunding Bond Fund Payments, —Second, from any
moneys remaining in the Sewer Fund, i.e., from the net income
of the sewer system, there shall be deposited into a separate
account hereby create,l and to be known as the "City of Fort
Collins Sewer' Refunding Revenue Bonds, Series 1975) Bond
Fund" (herein referred to as the "1975 Bond Fund" or as the
"Bond Fund"), the following:
(1) Monthly, commencing.on the 1st day of April,
1975, an amount in equal monthly installments necessary, to-
gether with any moneys therein and available therefor, to
pay the next maturing installment.of interest on the 1975 Re-
funding Revenue Bonds then outstanding; and monthly thereafter,
commencing on said interest payment date, one -sixth of the
amount necessary to pay the next maturing installment of in-
terest on the outstanding 1975 refunding revenue bonds.
(2) Monthly, commencing on the 1st day of April,
1975, an amount in equal monthly installments necessary, to-
gethcr with any moneys therein and available therefor, to pay
the next maturing installment of principal of the ouLstanding
1975 refunding revenue bonds, and monthly thereafter, comnenc-
1
1
114
1t:)
ing on said principal payment date, one -sixth of the amount
necessary to pay the next maturing installment of principal on
the 1975 refunding, revenue bonds.
C. 1975 Refunding Reserve Fund haVfllents. Third, but
concurrently with the payments required by the next preceding
paragraph B of this Section, there shall be established a fund
ifs
00 known as "City of Fort Collins Sewer Refunding Revenue Ponds
W
Reserve Fund" in a total amount of $350,000. Said Reserve Fund
W shall be initiated by a deposit of $/95_,0 0 v, The balance of
said Reserve Fund shall be accumulated not later than June 1,
1982 by equal monthly deposits from the Sewer Fund. The Re-
serve Fund shall be maintained until such time as the amount
' therein will be sufficient to pay all of the outstanding re-
funding revenue bonds and the interest thereon. The money in
the Reserve Fund may be used to prevent defaults in the payment
of the bonds herein authorized and interest thereon,.but if
used for such purpose, it shall be restored to the fund as soon
as possible. Moneys in the Reserve Fund may be invested in di-
rect obligations of the United States Government or in obliga-
tions or securities of any agency or instrumentality thereof,
and the interest from any such investments shall be considered
as revenues of the sanitary sewer system.
D. Remai.ning Funds. After the payments required by A, B
and C of this Section 6, any moneys remaining, in the Sewer
' Fund may be used to pay for the extension and improvement of
the sanitary sewer system of the City, for the redemption of
outstandin8 sewer refundi.np, bonds of the City, or for any
115
IIb
other lawful purpose.
Section 7. Covenants of the City. The City hereby further
irrevocably covenants and agrees with each and every holder of
the Refunding Revenue Bonds issued under the provisions of this
Ordinance that so long as any of said bonds remain outstanding:
(a) It will continue to operate and manage the municipal
sanitary sewer system in an efficient and economical manner
.and keep and maintain separate accounts of the receipts and
expenses thereof in such a manner that the revenue thereof,
payable into the Pond Fund created by this: Ordinance, may at
all times be readily and accurately determined.
(b) The City will furnish no free service for the.
sanitary sewer system, and that if the City shall use the
facilities of the sanitary sewer system rfor its own purposes,
it shall pay monthly a fair and reasonable amount for such
service. In no event shall the City pay a greater amount
than would be charged a private consumer for the same amount
of service. The City shall include in its annual appropria-
tion and budgets, amounts sufficient to pay for all service
so used.
(c) It will not sell or alienate any of the property
constituting any part or all of the sanitary sewer system in
any manner or to any extent as might reduce the security pro-
vided for the payment of the bonds authorized herein, but the
City may sell any portion of such property which shall have
been .replaced by other similar property of at least equal
0
value, or which shall cease to be necessary for the efficient
1
1
Y
116
operation of said system; provided, however, that in the
' event of any sale or sales, as aforesaid, consideration shall
be paid into the Sewer Fund and shall be used for the pur-
poses of said Fund.
(d) At regular periods each year, it will render bills
for sanitary sewer services furnished. Until paid, all
L-j sanitary sewer rates and charges shall constitute a lien on
0
r� the property served, and the City shall take whatever action
i�
is legally permissible promptly to enforce and collect de-
linquent sanitary sewer charges, and if.water service is
provided, it shall shut off such water service from property
delinquent in the payment of the sanitary sewer rates and
charges.
(e) At least once each year it will furnish the original
purchaser of the bonds a statement of the receipts of and
the disbursements for the system for the fiscal year immedi-
ately preceding, each statement.
(f) It will carry workmen's comnensatioii, public lia-
bility and such other forms of insurance on insurable sanitary
sewer property. as would ordinarily be carried by utilities
having similar properties of equal value, such insurance being;
in such amounts as will protect the system and its operation.
Section 8. Additional Bonds --Requirements and Limitations.
No additional bonds shall be issued payable from the net in-
come and revenue of the sanitary sewer system and having.a lien
upon such net income and revenue which is superior to the lien
of the bonds authorized herein.
117
1' 1 t
The City shall not issue any additional bonds payable
from the net income and revenue of the sanitary sewer system and
having a lien on such income and revenue on a parity with the
Refunding Bonds authorized by this Ordinance unless each of
the following requirements is met:
(a) The City is current in the payment of all principal
and interest of the Refunding Bonds, and the deposit to and
accumulation of the Reserve Fund created by this Ordinance.
(b) The net income and revenue of the sanitary sewer
system received in the preceding fiscal year shall have been
equal to 1.20 times the maximum annual.requirements for prin-
cipal and interest of the 1975 Refunding Revenue Bonds, and all
outstanding bonds payable from the revenues of the system. If
new rates and charges for sanitary sewer service have been
effected between the en& of. the fiscal year and the date of
the issuance of the new bonds, then the net income and revenue
can be adjusted by applying new rates and charges to the
quantities of service actually furnished during such preceding
fiscal year.
(c) Projected Earnings Test. The estimated annual
revenues to be derived 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 addi-
tional bonds or obligations shall be an amount equal to the
sum of the following: (1) the estimated opera.tio'n and main-
tenance expenses of the sewer system for said twelve months and
1
1
1
118
1l1J_
(2) an amount representing one hundred twenty per centum
(120;o).of the combined maximum annual principal and interest
requirements of the outstanding, revenue bonds and other obli-
gations of. the City payable from and constituting, a lien
upon revenues of the sewer system, and the bonds or other
obligations proposed to be issued (excluding any reserves
gyp- therefor). The projected net income and revenue of the
sanitary sewer system shall be determined by a. competent
feasibility and rate engineer.
Nothing herein shall prevent the City from issuin' addi-
tional bonds having a junior or subordinate lien on the net
income and revenue of the sanitary sewer system of the City,
' provided that all payments and accumulations required to be
made by this Ordinance are current and that the City is in
compliance with all the covenants of this Ordinance.
Section 9. Refunding Escrow Account. The proceeds de-
rived from the sale of the Refunding Bonds authorized herein,
in an amount not less than $3,155,000, and the accrued inter-
est on the bonds being refunded, shall be deposited with the
First National Bank, Fort Collins, Colorado (hereinafter the
"Bank"), in a separate fund and escrow account hereby created
and known as the "City of Fort Collins 1965 and 1974 issues,
Sewer Refunding Revenue Escrow Account", herein designated
as the "Refunding Escrow Account" or "Escrow Account", which
account shall be at all times sufficient, together with any
interest to be derived from the investment and any temporary
reinvestment of the deposits, or any part thereof, in direct
119
e
obligations of or obligations guaranteed by the United States '
of America, to pay the principal of and interest on the out-
standing 1965 and 1974 Issues to be retired, at their respec-
tive maturities, as follows:
1965 Issue:
All outstanding bonds of this issue, being bonds numbered
I-113 to I-440, inclusive, shall be paid and retired at their
respective maturity dates, at the office of the Director of
a
Finance, in Fort Collins, Colorado, according to their original
terms.
1974 Issue:
All outstanding bonds of this issue, being bonds numbered
1 to 400, inclusive, shall be paid and retired at their re- '
spective maturity dates, at the office of. the Director of
Finance, in Fort Collins, Colorado, according to their original
terms.
Interest on the outstanding bonds of the 1965 and 1974
Issues shall be paid as the same accrues, according to the
original terms of said bonds, until said bonds mature.
Section 10. Investments in Refunding Escrow Account.
Thc: Bank shall invest the funds on deposit in the Refunding
Escrow Account in direct obligations of or obligations
guaranteed by the United States of America, and shall fully
secure any cash balance in said account in the manner re-.
quired by law for other trust funds. '
If for .any reason, at any time, the funds on hand in
i2n
12 t
such Refunding Escrow Account shall be insufficient to meet
.the payments required as the same shall be about- to become
due and payable, the City Council of the City shall forth-
with deposit in such Refunding Escrow Account such addi-
tional funds as may be required fully to meet the amount so
about to become due and payable.
Section 11. Obligations of Escrow Bank. The Bank
00 - -
'� shall from time to time redeem all or a portion of the obli-
gations in said Refunding Escrow Account, in sufficient
amounts so that the proceeds therefrom and the interest
thereon as the same accrues will be sufficient to meet the
interest requirements on the outstanding 1965 and 1974 Is-
sues as such interest accrues, and to pay said bonds at their
respective maturities, accordinp_, to the schedu).e hereinabove
set forth.
Section 12. Authorization to Execute EFe row Account.
The Mayor, Clerk and Director of Finance of the City shall,
and they are hereby authorized and directed to take all ne-
cessary or appropriate action toward the execution of a
proper Escrow Agreement with the Bank concerning the de-
posits in, investments of and disbursements from said Re-
funding Escrow Account„ and such other agreements as may be
necessary or desirable to effectuate the provisions of this
Ordinance and comply with the requirements of law.
' Section 13. Notice of Refunding. On or about the date
when the Refunding Bonds are delivered, or within a reasona-
ble time thereafter, the Director of Finance is authorized
121
u
0
and directed to publish a notice of refunding one time in a
newspaper published in the City.
Section 14. Costs and Ixpenses of Refunding. All costs
and expenses incurred in connection with the issuance and
payment of the Refunding Revenue Bonds herein authorized
shall be paid exclusively from the proceeds of said bonds or
from the revenue of the sanitary sewer system, and in no
event shall any of such costs or expenses, or the principal
of or interest on said bonds be paid out of or charged to
the general funds or tax levies of the City.
Section 15. Ratification and Approval of Prior. Action.
That all actions heretofore taken by the officers and mem-
bers of the City Council not inconsistent with the provi-
sions of this Ordinance, relating to the authorization, sale,
issuance and delivery of said refunding revenue bonds, be
and the same are hereby ratified, approved and confirmed.
Section 16. Severability. That if any one or more
sections or parts of this Ordinance shall be adjudsed unen-
forceable or invalid, such judgment shall not affect, impair
or invalidate the remaining provisions of this Ordinance, it
being the intention that the various provisions hereof are
Severable.
Section 11. Rceealer. All ordinances or parts thereof
in conflict with this Ordinance are hereby repealed.
Section 18. Ordinance Irrepealabl.e. After said bonds
are issued, this Ordinance shall be and re;nain irrepealable
until said bonds and the interest thereon shall have 'been
fully paid, satisfied and discharged.
122
( I�
Section 19. Declaration of Emergency. By reason of
the fact that the municipal bond market and the government.
' bond market are subject to sudden and unpredictable changes,
the savings and other advantages afforded to the City by re-
funding the issues of outstanding Sewer Revenue Bonds de-
scribed in this Ordinance could be drastically reduced or
V.) - eliminated, thus jeopardizing the entire plan of refunding,
00
all to the detriment of the City and its inhabitants, it is
L.�
=T= hereby declared that an emergency exists, and that this Or-
dinance is necessary for the immediate preservation or pro-
tection of public health, property or safety, and that this
Ordinance shall become effective immediately, and shall be
numbered and recorded in the Ordinance Record, authenticated
' by the signatures of the Mayor and the City Clerk, shall be
published in the Fort Collins Coloradoan, a newspaper of the
City published and of general circulation therein, within 5
days after passage, and such publication shall also be au-
thenticated by the signatures of the Mayor and City Clerk.
INTRODUCED, PRESENTED AND FINALLY PASSED THIS 4TH DAY
OF FEBRUARY, 1975.
( S E A L )
ATTEST:
1 x J
City Clerk
123
Z4
Thereupon Councilman Russell moved that said Ordinance be passed and
adopted as read by title only, as an emergency ordinance. Councilman
'
Bowling seconded the motion.
The question being upon the passage and adoption of the Ordinance,
the roll was called with the following result:
Those voting AYE:
Mayor: J. W. N. Fead
Councilmen: Charles Bowling
Nancy P. Gray
Mabel Preble
Margaret E.Reeves
a
Jack Russell
Earl Wilkinson
Those voting MAY None
The presiding officer thereupon declared that, the Mayor and at least
five members of the entire Council having voted in favor thereof, the motion
was carried and the Ordinance duly passed and adopted as an emergency
'
ordinance.
It was then ordered that said Ordinance be recorded by the City Clerk
in the Ordinance Record of the City, and a copy of said Ordinance be
published in a newspaper of wide circulation in the City.
After consideration of other business to come before the City Council,
the:.meeting was adjourned.
(SEAL)
ATTEST: �
C
City Clerk
124
1
Emergency Ordinance - February 4,
Date published: February 7, 197S
17 V .;
Attest
City (:leek
1975
CVote: Yeas: 7, Nays: 0)
Ordinance adopted on first reading
creating Election Precincts in the
City and establishing Polling Places
within such Precincts
Councilwoman Preble made a motion, seconded by Councilwoman Gray, to adopt
Ordinance No. 11, 197S on first reading. Yeas: Council members Bowling,
Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
00
U
Ordinance adopted on first reading
W call ing for and providing for the
W General City Election to be held
Tuesday, the 8th day of April, 1975
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to adopt
Ordinance No. 12, 1975 on first reading. Yeas: Council members Bowling,
Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: Tone.
Agreement with Woodward Governor Company
relating to Annexation approved
•City Manager Brunton spoke to the lengthy negotiations with h'oodward on this
subject.
Councilman Bowling inquired what provisions are being made for sidewalks on
Drake Road. City Attorney ,March stated sidewalks would be there; either
on curb or off -set from the curb at their election. Mr. Bowling further
stated he would encourage Woodward to be cognizant of the school children
at that corner and their safety needs.
City Attorney Marcia addressed the problems of forcible annexations. Mayor_
Fead stated he would like to express Council's appreciation to the City
Manager and City Attorney for their diligence in working out the agreement
and his pleasure at the cooperation shown by Mr. Eugene Mitchell and Im ,
Corporation in these negotiations.
Councilman Bowling made a motion, seconded by Council.mmn Wilkinson, to
approve the agreement ;and authorize the Mayor and City Clerk to execute
the agreement on behalf of the City. Ycas: Council members Bowling, Fead,
Gray, Treble, Reeves, Russell and Wilkinson. Nays: None.
Request of Guardian .Security Service to recon-
sider Police Burglar Alarm Panel removed from
agenda
Mayor Fead stated he did not know how the Council felt about this item, but
it seemed to him that this is an item that should be handled by the
administration.
125
City Manager Brunton stated the staff had met with the Guardian Security
Service, and with Adco Service, the proposed new contract with Adco was
for one year.
City Attorney March stated notices would be going out to users of the Alarm
System; publicity had been in error and it should be pointed out that the
City did not have a contract with Guardian Security Service, therefore, h:.
wanted it clarified that the present organization does not want to keep the
service and was not before the Council requesting it be kept.
Council further discussed the City's responsibility in seeing that a UL
system is available to those wishing to use it.
No further action taken on this item.
Resolution adopted entering into contract
with the California State Personnel Board
City Attorney March stated Council would not normally see this type of
contract which would be handled administratively, hot,Tever,the State of
California requires that the Governing Body give approval.
Councilwoman Reeves trade a motion, seconded by Councilwoman Preble, to
adopt- the resolution. Yeas: Council members Bowling, Fead, Gray, Preble,
Reeves, Russell, and Wilkinson. Nays: None.
RESOLUTION 75-9
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN AGREEMENT TO BE ENTERED INTO
WTT'H CALIFORNIA STATE PERSONNEL BOARD AND
AUTHORIZING THE EXECUTION OF SAID AGREF-MENT
BE I.T RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
City Manages*
That Robert L. Brunton/be, and he hereby is, authorized to enter
into and sign an agreement on behalf of the City of fort Collins with the
State of California, California State Personnel Board, Cooperative Personnel
Services Unit, for the purpose of performing examining services for the
City of Fort Collins, Colorado.
gassed and adopted at a regular meeting of the City Council held
this �_ day of —,, A.D. 1975.
ATTEST:
City Clerk
L-J
1
1
*Amended at as regular meeting of the City Council on February 18, 1975.
126
12T
Other Business
With time available prior to the recess, Council took up the following items
of other business:
1. City Attorney March informed the Council of a suit brought against
various members, of the Police Department and the City by W. James Martinez
and requested authorization to represent the various named defendants
and the City, and enter such appearance on be;:alf of the persons in
the Federal District Court as may be necessary.
Councilwoman Gray made a motion, seconded by Councilman Bowling, to
LM authorize the City Attorney to enter an appearance on behalf of the
00 defendants and to defend all named defendants and the City. Yeas:
?-.4 . Council members Bowling, Fead, Gray, Preble, Reeves, Russell and
i> Wilkinson. Nays: None.
W'
W 2. Councilwoman Gray stated she wished to advise Council members that March
15, 1975 is a date designated by the Girl Scouts for their Bike-a-thon
and the Council is invited to participate.
3. Councilwoman Preble stated the Executive Board of the Municipal League
has nominated Nancy Cray to complete an unexpired tern on the National
League of Cities.
Councilman Bowling made a motion, seconded by Councilwoman Preble, that
the Fort Collins City Council endorse Nancy Gray as the nominee to the
National League of Cities Executive Board. Yeas: CoLa cil members
Bowling, Fead, Gray, Preble, Russell and Wilkinson. Nays: None.
4. Planning Director, Les Kaplan, advised Council of the t-,ro County referrals
for rezoning, denied by the Planning and Zoning Board. The two items
were (1) for a 39-acre parcel east of Shields Street and one mile south
of Horsetooth Road, requested by Keith 1V. Blakeslee and (2) a 432-acre
tract east of South College Avenue and two miles south of Harmony Road,
requested by Rowland Griffith of Fossil Creek Investments, Ltd.
Both requests are set for hearing by the County Planning Commission;
therefore, the Planning and Zoning Board wished Council to review the
proposal and direct letters to the County Planning office and the
Loveland Planning office expressing their concern.
Councilman Bowling made a motion, seconded by Councilwoman Gray, to
support the position of the Planning and Zoning Board. Yeas: Council
members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson.
Nays: None.
S. Councilman Russell requested a rather comprehensive report on the City's
in-house janitorial service prior to April, 1975.
6. Councilman Bowling requested a date be set on a review,of the Cresep,
McCormick and Paget Management Study.
City Manager Brunton stated this is an item scheduled for a work session.
127
.8
Citizen Participation
Mr. George Beers read the following at length: ,
To: City Council
City of Fort Collins
Fort Collins, Colorado
COMES NOW the undersigned, being qualified electors of the City of Fort
Collins, Colorado, and in accordance with Section 1, Article XVII, of the
Charter of the City of Fort Collins, Colorado, it being our intent that the
provisions of said Article XVII be revoked, petition City Council to pass an
Ordinance entitled: "BEING AN ORDlii)NCE CONCERNING UIE LOCATION OF CITY
LIBRARY," a copy of which is hereto attached and by reference is made a
part hereof, or to submit said Ordinance to a vote of qualified electors,
all as called for in said Article XVII.
The Ordinance is as follows:
BEING AN ORDINANCE CONCERNING THE LOCATION OF CITY LIBRARY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That the City Library for the City of Fort Collins shall
be located in and upon the real property located in the County of Larimer,
State of Colorado, described as follows: '
Block 142, City of Fort Collins;
said real property also known as "Lincoln Park"; and also known as "Library
Park."
Section Z. Nothing in this Ordinance shall prohibit the establishment
of branch libraries at other locations provided that said branch libraries
are smaller in size titan the aforesaid City Library.
Mr: Beers presented petitions with 48 signatures to add to the ones contain
ing 2,751 already presented to the City Clerk on January 31, 197S.
City Clerk, Verna Lewis, stated members of the Election Board were verifying
signatures at this time.
Mayor Fead stated Council would take the petitions under consideration and
when the signatures are -verified, Council will act on them.
Proclamation
City Clerk, Verna Lewis, read a proclamation designating February 10-14,
1975 as Veterans Education and Employment Week in the City of Fort Collins.
Mayor Fead signed the proclamation which was received by one of three I
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persons representing the group.
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Ordinance adopted as amended on first
reading calling for Charter Amendments
City Attorney March stated the first amendment changes the situation with
regard to a vacancy on the Council; the second amendment is in the notice
of a house keeping change, having to do with cash balance of the City.
Councilwoman Gray stated there was another referred Charter amendment
lowering the age requirements for Council candidates from 25 to 21.
Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to amend
Ordinance No. 6, 1975 by inserting:
Referred Charter Amendment No. 3. Amend Section 2, Article II
of the Charter by deleting there-rom the phrase "at least twenty-five
years of age" and by substituting therefor the following phrase:
"at least twenty-one years of age."
Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and
Wilkinson. Nays: None.
Councilman Russell made a motion, seconded by Councilman Wilkinson, to adopt
Ordinance No. 6, 1975 as amended. Yeas: Council members Bowling, Fead,
Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
Ordinance adopted on first reading
relating to places of public assembly
Councilman Russell stated he was concerned about this Ordinance as he had
been informed that the Board of Realtors had reauested use of the auditorium
for use of meetings. Mayor Fead stated this Ordinance addressed the places
of public assembly.
Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, to
adopt Ordinance No. 3, 1975 on first reading. Yeas: Council members
Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
Country Water Billing
City Manager Brunton stated Council had requested the administration to
investigate and prepare a report on the possible averaging out of over the
year the out of City water bill. The administration recommended that
Council direct the City Attorney to prepare an ordinance accomplishing the
above.
Councilman Bowling made a motion, seconded by Councilman Wilkinson, to
direct the City Attorney to prepare an ordinance which could allow all
water users on meters to be billed an average of the total cost of their
water bill each month upon request. Yeas: Council members Bowling,
Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
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Other Business ,
:1. Councilwoman Preble inquired, if on Lemay Avenue, at the addition to
South Eventide, they had a curb cut at the bottom of the hill? Director
of Community Development, Roy Bingman, stated he would investigate and
report back.
2. Councilwoman Reeves inquired into the request of having two people share
the same job; two people half time.
Assistant City Manager, Mike DiTullio, reported there were two positions
filled in this manner'.
Adjournment
Councilwoman Reeves made a motion, seconded by Councilman Wilkinson, that
41 the Council adjourn. Yeas: Council members Bowling, Fead, Gray, Preble,
Reeves, Russell, and Wilkinson. mays: None.
ATTEST: !i
City Clerk
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