HomeMy WebLinkAbout032 - 11/22/1961 - PROVIDING FOR THE CONSTRUCTION AND OTHER ACQUISITION OF LOCAL IMPROVEMENTS, THE ISSUANCE OF LOCAL BO ORDINANCE NO.,` 32 196;1,.
BEING AN ORDINANCE TO PROVIDE ,FOR THB CONSTRUCTION AND
OTHER ACQUISITION OF LOCAL.IMPROVEMENTS,: THE ISSUANCE
OF LOCAL BONDS THEREFOR, THE ASSESSMENT. AND PAYMENT OF
THE COST OF SAID IMPROVEMENTS; PRESCRIBING OTHER DETAILS
IN CONNECTION WITH SUCH40ROVEMENTS;, BONDS, AND ASSESS-`
MENTS INCLUDING BUT NOT LIMITED TO THE LEVY AND COLLECTION
OF SUCH SPECIAL ASSESSMENTS; .AND REPEALING SECTION 15-1 TO
15-46 INCLUSIVE OF THE CODE OF ORDINANCES OF THE CITY OF
FORT COLLINS.
WHEREAS, the City of Fort Collins, in the County of Larimer, and
State of Colorado, is a municipal corporation duly organized and existing
under Article XX of the Constitution of the State of Colorado; and
WHEREAS, said article grants and confirms to the people of all
municipalities coming within its provisions the full right of self-government
in both local and municipal matters and all powers necessary, requisite or
proper for the government and administration of its local and municipal
matters, including, without limiting the generality of the foregoing, the
power to construct, condemn and purchase, acquire, lease, add to, maintain,
conduct and operate public utilities and works and ways local in use and
extent, and the power to legislate upon, provide, regulate, conduct and con-
trol the assessment of property in such city or town for municipal taxation
and the levy and collection of taxes thereon for municipal purposes and special
assessments for local improvements, such assessment, levy and collection of
taxes and special assessment to be made by municipal officials or by-the
county or state officials as may be provided by the charter; and
WHEREAS, the people of said City of Fort Collins, under the authority
of said constitution did ordain and establish a charter for the municipal
government of said City; and
WHEREAS, said charter was adopted by a vote of the qualified electors
of said City at a special election held therein on the 5th day of October, 1954,
and
WHEREAS, Article XII of said City•Charter provides:
Section 1. A Department of Public Works is hereby
created, the head of which shall be ex-officio City Engineer.
Section 2. The department shall provide all engineering,
architectural, maintenance, construction, and work equipment
services required by the City except those performed by
5 r
private persons, firms, br' corporations under contract',' or
those assigned to other departments by this Charter.
Section 3. A public work or improvement, the costs of
which in whole or in part are to be assessed by the City, may
be initiated by the Council on recommendation of the director
of public works, or on petition of property owners in such
number. and in such form-as may be prescribed by ordinance.
The Council shall by ordinance prescribe the method of making
such improvements and the assessments for their cost.
WHEREAS, due to such Charter provisions and for other good and suffi-
cient reasons, the City Council of the City of Fort Collins has determined, and
does hereby determine, that it is necessary and for the best interests of the
City of Fort Collins and the inhabitants thereof that such an ordinance author-
ized by the City Charter and for the purposes herein set forth, be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. The City shall have power. to contract for or make local
improvements as hereinafter mentioned, which improvements shall confer special
benefits on the real property within districts and general benefits to the City
at large, and to assess the cost thereof wholly or in part upon the property
especially benefited. In consideration of general benefits conferred thereby
on the City at large, the Council may levy taxes and disburse monies for the
purpose of paying. for such benefits and for the purpose of paying bonds and
interest thereon issued for special or local improvement districts created here-
under as by charter made and provided. All public improvements shall be con-
structed in accordance with the Charter and ordinances of the City of Fort
Collins and the specifications prescribed by the Council and shall be authorized
by ordinance.-
SECTION 2.
A. Street as used. in this ordinance shall be construed to mean
any street, alley, avenue, boulevard or public thoroughfare.
B. Property shall be held to mean all land, whether platted or
unplatted, regardless of improvements thereon, and regardless of lot or land
lines. It shall also include in its meaning the franchise of any railroad whose
-2-
tracks lie either lengthwise or corn wise within any street improved under this
chapter. Lots may be designated- in accordance with any recorded map or plat
thereof, unplatted lands by any definite description thereof, and franchises
by the name of the corporation owning the same.
C. Owner as used in this ordinance in reference. to petitions shall
be construed to mean persons in whom the record fee title is vested, although
subject to lien or encumbrance. The holder of a bona fide contract of purchase
which has been recorded will be considered the owner for the purposes hereof.
One joint tenant may represent his co-tenants, but may not represent a joint
tenant who has actually exercised a right or privilege under this ordinance.
D. District when used in this ordinance means the geographical
division or divisions of the City within which any local improvement may be
made, or when so declared by the Council, may include the entire area of the
City. One or more non-contiguous parts or sections of the City may be included
in one district.
SECTION 3. All local improvements shall be constructed under the
general direction and control of the City Manager and in the immediate charge,
direction and supervision of the City Engineer, or other officer designated for
such purpose, all in accordance with maps, plans and specifications adopted by
the City Council. . All said work of construction shall be by independent contract
except as hereinafter provided.
SECTION 4. The improvements which may be authorized by the City
Council may consist of grading, paving, curbing, parking, or otherwise improving
the whole or part or parts of any street or streets, or any one or more of
said improvements, and in case of grading or surfacing of streets, the same may
include curbing and cross-walks where necessary, or otherwise improving the
same area; said improvements may also consist of the construction of sanitary
and storm sewers and drains and water mains, construction and installation of
t artificial street lighting, improvement of ditches, laterals and drains, and
such other public works as.may be considered necessary and be properly authorized
by the City Council.
SECTION 5.
A. No improvement except as hereinafter provided shall be ordered
by the City Council unless a petition for the same is first presented, subscribed
-3-
by the owners of one-third of the frontage to be assessed. for such improvements
in the case of improvements, consisting of grading, paving, curbing, parking or
otherwise improving streets or alleys and constructing artificial street lighting,
and subscribed by not less than one per cent of the owners of property to be
assessed in the case of improvements consisting of construction of sanitary and
storm sewers, drains and water mains and improvement of ditches, laterals and
drains, and other public ;works.
B. It shall be proper for the petition to specify the particular
type of material to be.used on such improvement; provided, however, that the
petition shall not.restrict such material to any particular name, brand or source
and further provided that such type material shall meet the standards set from
time to time by,the City Engineer. In case the petition specifies the type of
materials, no-other type shall be ordered; and if nolparticular type of material
is specified, the City Council shall have discretion to order the work to be
done and to specify the type of materials to be used.
C. Every subscribei.to such petitions shall.include.his residence
address,, including street and number, if any, and the date of signing same.
Subscriptions may be made by agents or attorneys, but in such event.shall be .
accompanied by written power of attorney duly acknowledged .giving authority to
sign such petition. To each petition shall be attached an affidavit. of some
adult person that each subscription thereon is the signature of the person,
firm or corporation whose name ,it purports to be and that to. the best knowledge
and belief of the affiant thereof, the person, firm or corporation signing such
petition was at the time of signing it, the owner of property to be assessed
or the agent or attorney of such owner. Any signer of a petition may withdraw
his name therefrom at any time before the first publication of the ordinance
ordering such construction or improvement. Any request for withdrawal must be
subscribed and acknowledged by .the person making same, or his attorney or agent
as aforesaid. No petition with the requisite signatures shall be declared void
on account of alleged defects.-- -The Council, at any time, may permit the petition
to be amended to conform to the facts by correcting any errors in the description
of the territory or ,in any other particular. One or= more petitions or duplicate
copies of the same petition for the same improvement may be filed and together
shall be regarded as one petition. All such petitions filed prior to the hearing
-4-
6
of protests on ordering such improvements shall be considered by the Council the
same as though filed with the first petition placed on file.
D. Where the improvement petitioned for in one or more petitions
is substantially the same, the improvement may be included within one district,
however, in such case, each such petition shall be considered as a unit for
the purpose of petition, and remonstrance, and assessment. (Such unit is herein-
after sometimes designated as a petition unit.)
E. If the Council determines that exceptional circumstances
t
warrant doing so, they may order a part of the improvement petitioned for and not
the remaining portion. It shall further be proper, if the Council finds that
circumstances warrant such action, to except particular properties in the
district from assessment or to lower the amount of the assessment against any
particular property and to charge the City at large with the amount so excepted
or reduced from assessment.
F. No petition shall be required for the ordering of paving or
other improvements to streets in cases where such paving or other improvement
will connect two portions of the same street which have already been, so improved
and where the distance between the improved sections of such street does not
exceed one block.
SECTION 6. Upon receiving and approving a petition for the creation
of an improvement district, the City -Council shall, by resolution, order the
City Engineer to make the. necessary surveys, maps, plans and specifications.
SECTION 7.
A. Before contracting for or ordering any improvements mentioned
in this ordinance to be constructed, the City Council shall adopt full details
and specifications for the same, permitting and encouraging competition,
determine the number of installments and the time in which the cost shall be
payable, the rate of interest' to be charged on unpaid installments, and the
property to be assessed for the same, and shall cause the City Engineer to make
an estimate for the total cost of such improvements, exclusive of the cost of
collection, legal and advertising, engineering, financing, interest and other
incidentals, together with a map of the district in which the improvement is to
be made, and a schedule,/showing the approximate amounts to be assessed per front
foot or on such other basis as may be used upon the several properties within
-5-
the district based upon such estimate' of cost as above_mentioned. No contracts
-shall be let for any amounts exceeding the estimate so made, except that the
cost of collection, legal and advertising, engineering, financing, interest and
other incidentals may be added thereto.
B. The City Council shall, by publication, once each week, for
two successive weeks, in an official newspaper published in the City of Fort
Collins, and by mailing notice, postage prepaid, as first class mail to the
last known address of each last known owner within the proposed land district
whose property will be assessed for the cost of the improvement,. such addresses
and owners being those appearing on the real property assessment rolls• for
general taxes of the County wherein said property is located, give notice to the
owners of property to be assessed and to all interested persons generally, but
without naming such owners or persons, setting forth the following:
'(1) . The kind of improvement proposed, without mentioning minor
details or incidentals;
(2) The number of installments and the time in which the cost of
such improvements will be payable;
(3) The rate-of interest -to be paid__on unpaid and deferred
installments;
(4) The extent of the district to be improved;
(5) The probable cost as shown by- the total estimate of the City
Engineer, the maximum cost per front foot where assessment will be for front
foot or per square foot where assessment will be made according to area, and in
case the assessment shall be made otherwise than per front. foot or by area, the
maximum amount to be assessed to any lot or lands or person according to the
method of assessment to be used;
(6) The time, not more than sixty (60) days nor less than thirty
(30) days after- the first publication and mailing, when the City Council will
consider the ordering by ordinance of the proposed improvement, and hear all
complaints and objections that may be made and filed in writing as hereinafter
provided.
(7) That a map of the district, estimate of cost, schedule showing
approximate amount, per front foot or per square foot or otherwise, to be
assessed upon the several lots or parcels of land within the district, and all
proceedings of the City Council in the. premises are on file and can be seen and
examined in the City Clerks office during business hours at any time within
said period before the hearing.
SECTION 8. If, before the time set for considering the ordering of
the improvements and hearing of objections, remonstrances against the making of
all or part of the improvementsiiproposed shall be filed with the City Clerk, sub-
scribed by the owners of not less than fifty-one (51) per cent of frontage to be
assessed within the petition unit for improvements consisting of improving
streets by paving or otherwise, or construction of artificial lighting; or sub-
scribed by the owner of fifty-one (51) per cent of the area within the district
in cases of improvements consisting of construction of water mains or improving
ditches, laterals or drains, or removing the same, the improvements shall not be
made, provided that the construction of sanitary, district and storm sewers and•
drains shall not be subject to remonstrance. No owner, his heirs or assigns, who
shall have signed and not withdrawn from a petition for improvements shall be
permitted to sign a remonstrance. Remonstrances may be signed .by agents or
attorneys, but in- such- event shall be accompanied by written power of attorney
duly acknowledged, giving authority to sign the same. Each subscribef to a
remonstrance shall include his residence address, and the date of signing same
and an affidavit shall- be attached of some adult person .that each subscription
thereon. is thelsignature-of the person, firm, or corporation whose name it
purports to be and that to the best knowledge and belief of the affiant thereof,
the- person signing was at the time the owner of property to be assessed, or the
agent or attorney of the same.
SECTION 9. In all specifications for materials to be used in public
improvements, the City Engineer shall establish a standard of purity, strength
and quality, to be demonstrated by physical and chemical tests within the limits
of reasonable variations, and in every instance, the material-shall be described
in the specifications, either by standard or quality, astii.11 admit of genuine
competition between_contractors,- so that- there can .be .at .lea.st. .two-or- mor-e- bids
by individuals or companies not in any manner connected with each other, and no
material shall be specified which shall not allow such competition.
-7-
SECTION 10. All contracts for local improvements shall be let by the
Mayor, upon the determination of the City Council, after the passage of the
original ordinance authorizing the improvements'on contract. All contracts shall
be let to the lowest reliable and responsible bidder as determined in the sole
discretion of the City Council, and shall be let after public advertisement for
bids twice published in an official newspaper published in the City of Fort
Collins. The advertisement for bids shall be published at least a week apart
and the date for opening of bids shall be not less than ten (10) days .after the
first publication. In all advertisements, the City Council shall reserve the
right to reject all bids and upon rejecting all bids or receiving no bids, may
again advertise without further ordinance or may order the work done by hiring
labor by the day or otherwise, and arranging for purchasing necessary material,
all under the supervision of the City Engineer.
SECTION 11. Except when the City does the work as above provided, no
public improvements shall b
contract for
p p e made without a surety bond conditioned
upon the faithful performance of the contract and the-paying of all costs of
labor and materials, which bond shall have sufficient surety or sureties to be
approved by. the Director of Finance of the City of Fort Collins. Upon the
default of the performance of any contract, the City Council may readvertise
and let •a contract for the uncompleted work 'in like manner and without further
ordinance, and charge the cost thereof to the original contractor upon his con-
tract; and when a deficiency shall in such case occur, the City Council may
advance the amount thereof out of any available fund of the City and recover the
same by suit on the original contract and bond.
SECTION 12. In all cases of public improvement; the specifications
and contract may provide that the bidders shall guarantee that the work shall
remain in good order and repair for a period of time to be fixed by the City
Council and make all necessary repairs during such period without further com-
pensation. The contract shall further provide that it is subject to the pro-
visions of the Charter of the City, this ordinance, and of the ordinance author-
izing the improvement.
-8-
SECTION 13.
A. Streets. In case of the improvement of.any street as
herein- provided, the cost of such improvement, except as otherwise provided
in this chapter, shall be assessed upon all the lots and lands abutting on
the streets improved in proportion as the frontage. of each lot or tract •of
land is to the frontage of all lots and. lands so improved; for the purpose
.of assessment the sides ,of corner lots shall be, treated as frontage when
the street upon which such sides abut is improved.
B. Ditches.- Laterals or Drains. In the. case of the improvement
of any ditch, laterld or drain, or the removal of the .same; whether said ditch,
lateral or drain be wholly within the streets and alleys of .the City or
partly in such streets and alleys and partly upon private property, the
City Council shall determine what portion of the entire cost, if any, of the
improvement shall be borne by the, City at large and the remaining cost shall
be assessed against the property specially benefite&according to the benefits
accruing thereto as determined by the City Council. Such. determination shall
be made•prior to the time of the notice called for in Section 7.
C. . Sanitary Sewers , Storm Sewers. -Drains or Water Mains.
In the case of improvements consisting of constructing sanitary sewers,
storm sewers, drains or water mains, unless otherwise ordered by the City
Council, the cost of such improvements shall be assessed upon all the real
estate in the district, respectively, 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 in the district.
D. Artificial Street Lighting In the case of improvements .
consisting of construction of artificial street lighting, the cost thereof
shall be assessed upon the property within the district in proportion to the
frontage of the properties in the district; or by such other method as may
be equitable and just as determined by the City Council.
E. Other Improvements. In the case of other public improve-
ments, assessments shall be made according to the method which the City
Council determines most just and equitable. Such determination shall be
made prior to the time of the notice called for in Section 7.
-9-
SECTION 14. In the case of the improvement of any street, except as
otherwise provided herein; -the cost of the improvements in each street inter-
section or alley intersection, except the share to be paid by street or other
railway companies, and except not less than one-half (1/2) and not more than
three-fourths (3/4) to be paid by the City at large, shall be assessed on all
the frontage on the street improved, in proportion to the frontage of each piece
of real estate on the street improved. .
SECTION15. When any real state is V shaped, or of any irregular
shape, the City Council may make such allowance on the assessment thereof as to
it seems equitable or just, or may refuse to make any allowance in its sole
discretion.
SECTION 16. If any piece of real estate. in the district has the
whole or any part of the proposed improvements conforming or approximately con-
forming to the general plan of the City Council, the Council may accept the same
in whole or in part, or make necessary changes so that the same shall conform
to the 'geneial plan. . In such cases, the owner of such real estate shall, when
the assessment is made, be credited with the amount saved by reason of accepting
or adapting said existing improvement.
SECTION 17. '
A. Upon the completion of any local improvement and acceptance
thereof by the City Council, upon the recommendation of the City Engineer; the
City Engineer shall prepare a statement, showing the whole cost of the improve-
ment, including not to exceed seven (7) per cent for engineering, five (5)
per cent for legal and publication, six (6) per cent for cost of interest during
construction, and seven (7) per cent- additional for cost of collection and of
making the assessment and certifying the same to the County Treasurer for
collection, and other incidentals, and including interest to the next succeeding
date upon which general taxes or the first installment thereof are by the laws
of the State of Colorado made payable.
B. The City Engineer shall also prepare an assessment roll
which shall contain among other things:
(1) The names of the last known owners of the property to
be assessed, or if not known, a statement that such names are
unknown;
-10-
(2) A description of each property to be assessed and
in the case of street or other railway companies, a general
description of the franchise and property to be assessed; and
(3) .The amount of the assessment on each property.
SECTION 18. Upon the filing of the statement provided for in the
preceding. section hereof, the City Council shall order the City Clerk to
notify the owners of property to be assessed and all persons interested
generally, but without naming such owners, that such improvements have been
completed and accepted by publication, once each week, for two successive
weeks, in an official newspaper published in the City and by mailing notice,
postage prepaid, as first class mail, to the last known address of each last
known owner of property to be assessed, such addresses and owners being
those appearing in the real property assessment rolls for general taxes of
the County wherein such property is located; therein specifying:
(1) •The whole cost of the improvements;
(2) The portion, if any, to be paid by the City;
(3) That the assessment roll showing the share apportioned to
each lot or tract of land in•the district is on file in the City
Clerk's office and can be seen and examined at any time during
business hours;
(4) That any complaints or objections which may be made in
writing by such owner or owners to the Council, and filed in the
office of'the City Clerk within thirty (36) days from the publi-
cation of such notice, will be heard and determined by the Council
before the passage of- any ordinance assessing the cost of such
improvements; and
(5) The date when and the place where such complaints or
objections will be heard. Such date shall be not less than
thirty (30)• days nor more than forty-five (45) days after the
first publication and mailing.
-11-
SECTION 19. The City Council, sitting as a board of equalization,
shall at the date set, or an adjournment thereof, hear and determine all such
complaints and objections, and may confirm the apportionment or make any modi-
fications which may seem equitable and just after consideration of all objections
to the apportionment. If any change in the apportionment shall be made by
the City Council, it shall be referred to the City Engineer, who shall cause
to be prepared a new apportionment and an assessing ordinance in accordance
therewith, and transmit the same m the City Council. The assessing ordinance
shall assess the cost of the improvement against the property to be assessed
in the district in the proportion finally determined and the passage of such
ordinance shall be prima facie evidence .of the fact that the property assessed
is benefited in the amount of the"assessment, and that such assessments have
been lawfully levied.
SECTION 20. No property in the district shall be assessed for any
one improvement in an amount exceeding one-half of such property's valuation for
assessment for general taxes for the year preceding the assessing ordinance.
In the event a street is improved as an arterial or feeder street, rather
than as a residential street, the City Engineer shall compute the extra
expense caused.by such street bein g improved as arterial or feeder rather
than as residential and such portion of the cost shall be paid by the City
at large out of general revenues and shall not be assessed against particular
properties in.=the district. The City at large, out of general revenues, shall
likewise pay for the cost of improving any street to a greater width than
sixty (60) feet. The determination made by the City Engineer and approved
by the City Council as to the cost to be apportioned" by reason of improving
a street as arterial.or feeder rather than as residential or improving to.
a width of more than sixty (60) feet shall be conclusive and not subject
to attack in the courts or otherwise.
SECTION 21. All assessments made in pursuance of this ordinance
together with all interest thereon and penalties for default in payment
thereof shall be a lien in the several amounts assessed against each
property from the date of the publication of the assessing ordinance, and
shall be a first and prior lien over all other liens, except general taxes,
-12=
5
in the same manner as general. tases now provided by law. No delays, errors,
defects or irregularities in any act or proceeding authorized by this ordinance
shall prejudice or invalidate any final assessment, but the same may be
remedied by subsequent amending acts or proceedings; as the case may require,
and when so remedied the same shall -take effect as of date of the original
act or proceeding.
If in any court of competent jurisdiction any final assessment made
in pursuance of this ordinance is set aside for irregularity in the proceedings,
then the Council may, upon recommendation and notice as required in the
making of an original assessment, make a new assessment in accordance with
the provisions of this ordinance, apportioning the cost and expense of the
new assessment as may be determined just and equitable by the City Council.
SECTION 22. Immediately upon the adoption of the assessing
ordinance the Director of Finance. shall prepare an assessment roll' in book form,
showing in suitable columns each piece of property assessed, the total amount
of the assessment, the amount of each installment of principal and interest; if,
in pursuance of this ordinance, the same is payable in installments, and the
date when such installments become due, with suitable columns for use in case of
the payment of the whole amount, or of any installment or penalty, and certify
the same for collection.
SECTION 23. All assessments made in pursuance with this ordinance
shall be due and payable within thirty (30) days after the final publication of
the-assessing ordinance without.demand, provided that all such assessments may
at the election •of the owners be paid in installments, with interest as herein-
after provided. Failure to pay the whole assessment within said period of
thirty (30) days shall-be conclusively considered and held an election on the
part of the persons interested, whether under disability or otherwise, to pay
in such installments. All persons so electing to pay in installments shall be
conclusively held and considered as a waiver of any and all rights to question
the power or jurisdiction of the City to construct the improvements, the quality
of the work, the irregularity or sufficiency of the proceedings, or the validity
or correctness of the assessment.
SECTION 24. In case of such election to pay in installments, the
assessments shall be payable in installments of not less than two nor more than
-13-
1 • '
twenty equal installments of principal, the first of which installment shall be
payable in not less than thirty (30) days nor more than five (5) years, and the
last in not more than twenty_ (20) years, with interest in all cases on the unpaid
principal, payable semi-annually at a rate not exceeding six (6) per cent per
annum. The number of installments, the period of payment, and the rate of
interest shall be determined by the Council, and set forth in the assessing
ordinance.
SECTION 25. Payments may be made to the Director of Finance at any
time within- thirty (30) days after the final publication of the assessing ordi-
fiance and an allowance of five (5) per cent for cost of collection and other
incidentals will be made on such payments along with an allowance of interest
from Ehe'date of payment to the time when the-first installment is due.
Upon the expiration of said thirty (30) day period, the Director of
Finance shall deliver the local assessment roll, showing all payments made '
thereon, with the date of each payment, and after adding two (2) per cent on the
amount 'due against each property to cover the cost of collection, certified by
him under the seal of the City, attested by the City Clerk, to the County
Treasurer of Larimer' County, with his warrant for collection of the same. The
County Treasurer -shall-receipt for the same and shall. pay over to`the Director
of Finance the amount` collected on such assessment roll less his fee for
collection on the first day of each and every month in the same manner as general
taxes are paid by the County Treasurer to the City. '
SECTION 26. The County Treasurer shall receive payment of all assess-
ments against any real estate appearing upon said last mentioned assessment
roll, with interest, and in case of default in' the payment of any installment of
principal or interest, for the period of one year after the same becomes due
and payable, he shall advertise and sell any and all real estate concerning
which default is suffered, and said sales and advertisements shall be made at
r
the same time or times in the 'same manner and under all the same conditions and
penalties and with the same-effects as are now prescribed by the general laws
of the State of Colorado for the sale of real estate in' default of the payment
of general taxes. At any sale by the County Treasurer of any real estate in the
City of Fort Collins for the purpose of paying any special assessment for local
-14-
improvements, the Director of Finance, being duly authorized by the City Council,
may purchase any such real estate without paying for the same in cash, and shall
receive certificates of purchase in the name of the City, such certificates shall
be received and credited at their face value and all interest and penalties
accrued, to the Director of Finance on account of the assessment in pursuance of
which sale was made. Said certificates may thereafter be sold by : the Director
of Finance at their face value, with all interest and penalties accrued, and by
him assigned in the name of the City, and the proceeds credited to the funds
created by ordinance for the payment of such assessments respectively. Such
assignment shall be made without recourse upon the City, and the sale and assign-
_.ment shall operate as a lien in favor of the City and of the holders of such
certificates, as is provided by law in the case of sales of real estate for
default in the payment of general taxes in the State of Colorado.
SECTION 27. The owner of any divided or undivided interest may pay
his share of any assessment, which payment shall extinguish the lien as to his .
share.
SECTION 28. For the purpose of paying all or such :.portion of the cost
of any improvement constructed under the provisions of this ordinance as may
be assessed against the property specially benefited and not paid by the City,
special assessment bonds of the City may be issued of such date and in such form
as may be prescribed by the City Council, bearing the name of the street, alley
or district improved and payable to the bearer in a sufficient period of years
after- date to cover the period of payment provided herein, but subject to call as
hereinafter provided, and in convenient denominations of not more than One
Thousand Dollars ($1,000.00) each. All such bonds shall be issued upon estimates
of the City Engineer approved by the City Council and the Director of Finance
shall preserve a record of the same in a suitable book kept for that purpose.
All such bonds shall be subscribed by the Mayor, countersigned by the Director
of Finance, with the corporate seal thereto affixed, attested by the City Clerk.
Said bonds shall be payable out of the monies collected on account of the assess-
meats made for said improvements, and all monies collected from such assessments
for any improvement shall be applied to the payment of the bonds issued until pay-
ment in full is made of all the said bonds, both principal and interest. Said
bonds may be used in payment of the cost of the improvement as herein specified,
E15)
or the City Council, in its discretion, may sell said bonds to pay such cost in
cash. Said bonds shall be negotiable in form, shall bear interest as may be
fixed by the City Council not exceeding•six (6) per cent per annum, payable semi-
annually, evidenced by coupons bearing the facsimile signature of the City Clerk.
SECTION 29. 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 postoffice 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.
SECTION 30. The City Council in the ordinance authorizing the issue
of public improvement bonds, may provide therein a guaranty on the part of the
City for the payment. of all of the bonds issued in pursuance of said ordinance.
SECTION 31. Before constructing any permanent paving under the pro- .
visions of this ordinance, the City Council may order the owners• of abutting pro-
perty to connect their several premises with sewer, gas--or water mains, or with
any other commodity in the street in front of the several premises, and upon
the default of the owners for thirty (30) days after such order to make such
connections, the City Council may contract for and make such connections, at such
distance, under such regulations and in accordance with such specifications as may
be prescribed by the City Council, and the whole cost of such connections shall
be assessed against the premises with which the connection is made. . Any number
of such connections may be ordered in pursuance of the regulations adopted prior
thereto governing the same as recommended by. the City Engineer. The cost shall
be assessed and collected in the same manner as provided in this ordinance for
assessment and collection of the cost of other special improvements.
SECTION 32. Whenever any grading or paving district shall be created
under this ordinance, the City Council may include in the area to be paved or
graded the entire width of the street from curb to curb, including the portion
-16-
r
of said street or streets occupied by or required by franchise obligation to be
paved by or chargeable or assessable to any railway company, whose railway runs
through or across any street or streets in said district, and shall charge to,
assess and collect from such railway company or companies in the same manner as
herein provided, but in case of abutting property, it shall issue bonds for the
same, which bonds shall be issued and made payable in like manner as bonds issued
for the improvement to be assessed against the real estate specially benefitted,
and in the meaning of this section, in the absence of franchise obligation to
grade and pave, a railway company shall be held to occupy and shall be liable for
the grading and paving of that part of the street lying between the rails for such
track and two (2) feet outside of each rail, and every railway company, whether
street railway or otherwise, shall be assessed for the cost of grading or paving
of any part or parts of any street or alley occupied by it or required by franchise
obligation to be paved by it, and the assessment levied for the cost of said
improvement chargeable to a railway company shall be a first and prior lien
against the entire franchise and property of the company within said district,
and also without said district, but within the limits of the City of Fort Collins
where such improvement is made, subject only to general taxes, and all the
terms and conditions and provisions of this ordinance relative to the collection
of the amount chargeable against frontage shall be applicable to the enforce=
ment and collection of such assessment against such railway companies, and
the property of such railway companies shall, in case of default in payment
of such assessment, be sold as in cases of default in payment of general
taxes levied thereon, which railway trackage shall not be considered as
assessable frontage in determining the sufficiency of petitions as provided
in this ordinance.
SECTION 33. The City of Fort Collins is hereby authorized and
empowered to accept from any Federal Agency or other public or private source,
grants for or in aid of the construction of any local public improvements,
and any such aid may be used to carry on the work of constructing said
public improvements or defraying the costs thereof, so that the cost to be
assessed against the property specially benefited, or the amount to be paid
for by the City at large, if any, may be reduced thereby.
-17-
SECTION.34. All proceedings by the City Council may be modified,
confirmed or rescinded by the Council at any time prior to the passage of
the ordinance authorizing the improvements, provided that no- substantial
change in the district, map. -details, specifications or estimate shall be
made by the Council after the first publication of the notice to property
owners.
SECTION 35. All actions; legal or equitable, for relief egainst
any proceeding provided for under this ordinance, whether based upon
irregularities, jurisdictional defects, or other grounds, shall be commenced
within thirty (30) days after the wrongful act complained of, or else be
thereafter perpetually barred.
SECTION- 36. If for any reason any section, subsection, sentence,
clause, phrase or portion of this ordinance is held invalid or unconstitutional
by any court of competent jurisdiction,, such portions shall be deemed separate,
distinct and independent provisions and such holding shall not affect the
validity of the remaining portions hereof.
SECTION 37. All ordinances or parts of ordinances in conflict with
the provisions of this ordinance. are.hereby repealed, including Sections 15-1
to 15-46, inclusive, of the Code of Ordinances of the City of Fort Collins,
except that the provisions of said ordinances shall remain in effect and
-shall- apply as to any improvement districts heretofore createdthereunder
-'and on which there are contracts or bonds still in effect. If any ordinance
of the City of Fort Collins makes reference to any ordinance herein repealed
it shall after the date of the passage of this ordinance be deemed to refer
to the appropriate section of this ordinance.
SECTION 38. The provisions of this ordinance shall not be con-
strued as the exclusive means of providing for public improvements, but such
improvements may be constructed through any other means now or hereafter
authorized by appropriate council action.
-18-
Introduced,-considered favorably'on first reading and ordered
published this 2nd day of November, A. D. 19611 to be presented for final
passage on the 22nd day of November, A. D. 1961.
Mayor
ATTEST:
City Cl k
Passed and adopted on final reading this 22nd day. of November,
A. D. 1961.
Mayor .
ATTEST:
City C rk
-19-