HomeMy WebLinkAbout029 - 04/07/1966 - RELATING TO THE CREATION AND ORGANIZATION OF CONSOLIDATED STORM SEWER IMPROVEMENT DISTRICT NO 14 ORDINANCE NO 299 19660
BEING AN ORDINANCE RELATING TO THE CREATION AND ORGANIZATION
OF CONSOLIDATED STORM SEWER IMPROVEMENT DISTRICT NO 14,
PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN AND
AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COSTS OF
CONSTRUCTION THEREOF
WHEREAS, heretofore written petitions were duly filed requesting the
creation of a special improvement district for the purpose of installing a
storm sewer system in certain property more particularly described below, and
WHEREAS, the City Council has received the necessary reports and
given the notice required, all as set forth in Chapter 15 of the Code of
Ordinances of the City of Fort Collins, Colorado 19589 as amended, 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, 19580 as amended, to be
known as Consolidated Storm Sewer Improvement District No 14, said District
to comprise the following described property, situate in the County of Larimer,
State of Colorado, to-wit
Beginning 825 0 South from the NE corner of Section 15
Township 7 North Range 69 West of the 6th P M thence
N 89 40 W 660 0 to the SW corner of the Ray L
Randleman Subdivision in the City of Fort Collins, thence
West 20 6 to the NW corner of Lot 4 of the C W Johnson
Subdivision in the City of Fort Collins, thence South 110 0
to the NE corner of Lot 3 of the said C W Johnson Subdivision
thence West 112 9 to the NW corner of Lot 3 of the C W
Johnson Subdivision, thence North 90 0 , thence West 303 5
to the NW corner of Lot 24 Alvin L Miller Subdivision in
the City of Fort Collins thence North 20 0 thence West
104 5 and thence South 165 0 thence West 460 0 thence
S 00 20 E 5 0 thence West 400 69 to the SW corner of
Lot 12 The Miller Brothers Second Subdivision which point
is also the East right of way line of the Larimer County
Canal No 2 thence in a southerly direction following the
East right of way line of Larimer County Canal No 2 to a
point which is S 89 54 28 E 334 08 from the NW corner
of the SEk of Section 15 Township 7 North, Range 69 West
thence N 89 54 28 W 60 0 to the NE corner of the Ninth
Fairview Subdivision thence S 6 03 10 E 120 06 thence
S 4 51 40 E 430 59 , thence S 20 30 40 E 182 24 ,
thence S 52*10 00 E 288 00 to the NW corner of the
Second Fairview Subdivision, thence S 80 00 E 44 0
thence N 80 45 E 361 26' thence S 53030 41 E 86 47
to the NE corner of Lot 8 Block 8 of the Second Fairview
Subdivision thence N 24 47 20 E 61 30 to the NW corner
of Lot 1 of the Tenth Fairview Subdivision thence S 53
30 41 W 36 05 thence S 10*30 00 E 130 35 thence
S 02 12 W 215 55 to the NW corner of Lot 11 Block 7
Fairview Subdivision, First Filing thence S 07 16 E
141 14 , thence S 02 22 E 346 44 to the SW corner of Lot 2
Block 6 of the Eighth Fairview Subdivision thence S 07 26
10 E 101 06 thence S 62 17 30 E 149 27 thence
S00 02 30 E 111 53' to the SW corner of N� of SEk of SEk
of Section 15, Township 7 North Range 69 West of the 6th
P M , thence S 89 29 30 E 497 98 thence S 230 33 ,
thence E 500 00 , thence N 2 8 , thence E 330 0 to the
East line of Section 15 Township 7 North Range 69 West
of the 6th P M , thence North along said section line 549 19
thence S 89 53 14 E 663 78 to the SE corner of The Campus
Gardens Addition, thence N 00 00'37 W 331 28 thence N
89 53 49 W 483 78 to a point which is 1 324 65 North and
180 0 East from the SE corner of Section 15, Township 7
North, Range 69 West thence North 1324 65 to a point
180 0 East from the West -I- corner of Section 15, Township
7 North Range 69 West of the 6th P M thence North 1303 6
to the South right of way line of Laurel Street, thence
West 180 0 thence North 519 3 to the point of beginning
excepting therefrom any of the above described property not
within the limits of the City of Fort Collins
Section 2 That the improvements to be constructed shall consist
of the installation of a storm sewer system benefiting the above described
property
Section 3 That the total cost of such improvements shall not
exceed the City Engineer's estimate heretofore accepted of One Hundred Thirty
Thousand Forty-five and 34/100 Dollars ($130,045 34), exclusive of the cost of
collection, legal and publication, engineering, financing, interest and other
incidentals, and that the City at large shall pay 10 617 of the total cost of
such improvements, and that the remaining cost shall be assessed upon all the
lots and lands in said District in proportion as the area of each piece of
real estate in the District is to the area of all the real estate in the
District, exclusive of streets and alleys in the District, and that the maximum
cost per square foot on property in the District shall be $ 021, exclusive of
the cost of engineering, legal and publication, interest during construction
and collection, and that in addition to said cost per square foot there shall
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be made the following charges seven per cent (77) of the total cost for cost
of collection and of making the assessments and certifying the same for
collection, two per cent (27) of the total cost for legal and publication and
engineering, and in addition there shall be charged interest at the rate of
six per cent (67) per annum on the total cost of construction during the period
of construction
Section 4 That the City Council has, pursuant to notice duly made
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 expressly finds that all requirements of the
ordinancesof the City of Fort Collins respecting local improvements and
assessments have been observed and complied with in all respects and it is
hereby ordered that the improvements of Consolidated Storm Sewer Improvement
District No 14 as set forth in the map, plans and specifications heretofore
adopted by the City Council be constructed The City Council further finds
that the improvements to be constructed will benefit certain property not
within the improvement district as defined above and not within the city
limits of the City of Fort Collins and that these circumstances warrant the
lowering of the amount of assessment against property in the District and the
payment by the City at large of 10 617 of the total cost of the District
Section 5 For the purpose of paying the costs of said improvements,
bonds of the City of Fort Collins in the aggregate principal amount of not to
exceed One Hundred Forty-two Thousand Five Hundred Fifty-eight and 27/100
Dollars ($142,558 27) are hereby authorized to be issued by the Director of
Finance of the City of Fort Collins, which bonds shall bear date of November 1,
19669 shall bear the name of Consolidated Storm Sewer Improvement District No
14 of the City of Fort Collins, Colorado, 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 fac-
simile signature of the Deputy City Clerk, which said bonds shall be in denomi-
nations of not more than One Thousand and No/100 Dollars ($1,000 00) each, and
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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 Director of Finance, and said bonds shall be
registered with the Director of Finance and shall be delivered from time to
time as required for the payment of the work herein provided, or the Council,
in its discretion, may sell said bonds to pay such costs in cash, and shall
sell said bonds 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 Said bonds
shall be redeemable out of the moneys collected on account of the assessments
made for said improvements, and all moneys collected from said assessments or
from the sale of bonds for said improvements shall be credited to the Con-
solidated Storm Sewer Improvement District No 14 and the funds so collected
shall be used only for the payment of the work of construction of said improve-
ments and the interest, collection costs and other incidental expenses thereon
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 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 forms
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UNITED STATES OF AMERICA
STATE OF COLORADO CITY OF FORT COLLINS
CONSOLIDATED STORM SEWER IMPROVEMENT DISTRICT NO 14
BOND
No $12000 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 NOIIOO DOLLARS
in lawful money of the United States of America, at the office of the Director
of Finance of said City, on the first day of November, 1976, subject to call
and payment, however, at any time prior thereto, as provided in the City Charter,
and Article 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-
annu,fally, on the first day of May and the first day of November 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 cost of local
improvements constructed in Consolidated Storm Sewer Improvement District No
14, by virtue and in full conformity with the Charter and ordinances of the
City of Fort Collins
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, 19580 as amended, which
provides as follows
4J "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 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 Consolidated Storm Sewer
Improvement District No 14, especially benefited by said improvements, and
the amount of the assessments so to be made upon the real estate in said
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 and 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 here-
after 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, City, County, Town or School tax, or other lien
shall extinguish the perpetual lien of such assessments herein provided to be
made
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It is hereby certified and recited that the total issue of bonds
of said City for said District, including this bond, does not exceed the
estimate of the City Engineer, or the contract price for said improvements, or
the amount authorized by law, and it is further hereby certified and recited
that every requirement of law relating to the creation of said Consolidated
Storm Sewer Improvement District No 14, the making of said local improve-
ments and the issuance of this bond, has 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
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 Deputy City Clerk, under the seal of said City, and the
interest coupons hereto attached to be attested by the facsimile signature of
the Deputy City Clerk as of the first day of November, 1966
Mayor
Countersigned
SEAL
Director of Finance
Deputy City Clerk
(Form Coupon)
No $30 00
On the first day of , A D 19 , unless the bond to
which this coupon is attached has been called for pri—
or redemption, the City
of Fort Collins will pay to bearer
THIRTY AND N01100 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 improvements bond, dated November, 1966, in Consolidated Storm Sewer
Improvement District No 14
(Facsimile Signature)
Deputy 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 Consolidated Storm Sewer Improvement District No 14,
including six (6) months' interest on the unpaid principal, to advertise for
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five (5) days in the 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
said improvements in accordance with the map, plans and specifications here-
tofore adopted, which advertisement shall be twice published in an official
newspaper in the City Said publications are to be at least a week apart,
and the date for opening of bids shall be not 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 accordance 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 com-
pleted and the same approved and accepted by the City of Fort Collins, the
costs as set forth above shall be assessed upon the real property in the
District, all as hereinabove set forth
Section 10 This ordinance shall be irrepealable until the indebted-
ness 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 17' day of March, A D 19669 and to be presented for final
passage on the 7' day of April, A D 1966
Yor
ATTEST
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City C1 rk
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Passed and adopted on final reading this 7b1 day of April, A D 1966
;��/ H� 4LO�
Mayor
ATTEST
City Clerk
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