HomeMy WebLinkAbout003 - 02/04/1975 - RELATING TO THE CREATION AND ORGANIZATION OF STREET LIGHTING IMPROVEMENT DISTRICT NO 4 T
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
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 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 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
at the rate of six per cent (68) 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 N0/100 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 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
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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 substantially in the following form
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
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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
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-
ing 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 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
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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 19
Mayor
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 ttached 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
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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
Section 10 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 CMaYor-- -�
City Clerk
Passed and adopted on final reading this 4th day of
February, A D 1975
Na r
ATTEST .F //
City Clerk
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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
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
0 486 per abutting front foot