HomeMy WebLinkAbout078 - 12/14/1972 - RELATING TO THE CREATION AND ORGANIZATION OF WATER IMPROVEMENT DISTRICT NO 6 ORDINANCE NO 78, 1972,
BEING AN ORDINANCE RELATING TO THE CREATION AND ORGANIZATION
OF WATER IMPROVEMENT DISTRICT NO 6, PROVIDING FOR THE CONSTRUC-
TION 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
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 improve-
ment district under and by virtue of the provisions of Chapter 15 of the
Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended,
to be known as Water Improvement District No 6 (hereinafter 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 $4,068 25, exclusive of the cost of collection, legal, advertising,
engineering, financing, interest and other incidentals, and that said total
cost 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 15 of the Code of Ordinances of the City of Fort Collins, Colorado,
1958, as amended
Section 4 That the City Council has, pursuant to notice duly mailed
and published, all as provided in Chapter 15 of the Code of Ordinances
of the City of Fort Collins, Colorado, 1958, as amended, 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 as provided for in the map, plans and specifications heretofore
adopted by the City Council be and they hereby are ordered to be constructed
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 seven-
teen per cent (17%) 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 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 best 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 15 of the Code of Ordinances
of the City of Fort Collins, Colorado, 1958, as amended 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
Section 6 Said bonds and coupons attached thereto shall be sub-
stantially in the following form
UNITED STATES OF AMERICA
STATE OF COLORADO CITY OF FORT COLLINS
WATER IMPROVEMENT DISTRICT NO 6
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 15 of the Code of Ordinances of the City of Fort
Collins, Colorado, 1958, as amended, 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 Water Improvement District No 6 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 15-79 of the Code of
Ordinances of the City of Fort Collins, Colorado, 1958, as amended, 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
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City Clerk to the bondholder at such address within ten (10) days after
the date of publication "
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 apportioned 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 assessing ordinance hereafter
to be adopted, constitute a perpetual lien on a parity with the tax lien
for general State, County, 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, including this bond, does not
exceed the amount authorized by law, and it is further certified and recited
that every requirement 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 22nd day of November, 1972
46,"� G
M yo r
SEAL
ATTEST COUNTERSIGNED
City Clerk Director of Finance
(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 Water Improvement District No 6
(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)
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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 construc-
tion of the improvements in accordance with the map, plans and specifica-
tions 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 publication, and bids received under
said advertisement shall be submitted to the Council for approval or rejection
Advertisements for bids shall comply with the requirements and be in accor-
dance with the provisions of Section 15-60 of the Code of Ordinances of
the City of Fort Collins, Colorado, 1958, as amended
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
Section 10 This ordinance shall be irrepealable until the indebt-
edness 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 22nd day of November, 1972, and to be presented for final passage
on the 14th day of December, 1972
40
Mayor
ATTEST
City Clerk
Passed and adopted on final reading this 14th day of December, A D
1972 /f
Mayor
ATTEST
C.Lty lerk
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EXHIBIT A
ORDINANCE No 78, 1972,
WATER IMPROVEMENT DISTRICT NO 6
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
Commencing at the intersection of the centerline of Penn-
sylvania and the centerline of LaPorte Avenue, thence northerly
along the centerline of Pennsylvania Avenue 180 00 feet to
the true point of beginning, thence easterly and parallel
to the centerline of LaPorte Avenue 175 00 feet, thence northerly
and parallel to the centerline of Pennsylvania Avenue 200 78
feet, thence westerly and parallel to the centerline of LaPorte
Avenue 350 00 feet, thence southerly and parallel to the
centerline of Pennsylvania Avenue 179 + feet to a point which
lies on the easterly line of the New Mercer Canal, thence
southeasterly along the easterly line of the New Mercer Canal
130 + feet to a point which lies 80 00 feet north of the
centerline of LaPorte Avenue, thence easterly and parallel
to the centerline of LaPorte Avenue 128 60 feet to the center-
line of Pennsylvania Avenue, thence northerly along the center-
line of Pennsylvania Avenue 100 00 feet to the point of beginning
B Improvements to be installed in the district consist of
The installation of a six (6) inch water main to serve the property
in said 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 real estate in the district in proportion
as the area of each piece of real estate in the district is to
the area of all of the real estate in the district, exclusive
of streets and alleys