HomeMy WebLinkAbout027 - 11/10/1955 - RELATING TO THE CREATION AND ORGANIZATION OF CONSOLIDATED IMPROVEMENT DISTRICT NO. 52 ORDINANCE N0. 27 , 1955
RELATING TO THE CREATION AND ORGANIZATION OF CONSOLIDATED IIvSPROVEMENT
DISTRICT N0. 52, PROVIDING FOR THF- CONSTRUCTION OF IMPROVEMENTS
THEREIN, AND AUTHORIZING Tim' ISSUANCE OF BONDS TO PAY THE COST OF
CONSTRUCTION THEREOF.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS-
Section 1. That pursuant to 117 petitions , duly filed
and presented to the Council of the City of Fort Collins on July
28, 1955, which said petitions were referred to the City Engineer
for investigation and report and were by said City Engineer reported
back to the Council as being signed by the owners of more than
one-third of the frontage in the proposed district; and the City
Engineer made a further report that said 117 petitions should be
consolidated and considered as one petition for all purposes.
And the Council, by resolution duly adopted on August 11, 1955,
ordered the consolidation of said 117 petitions into one petition
,for all purposes.
T=PEFORE, there is herebv created and organized, an
improvement district under and)by virtue of the provisions of
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Ordinance No. 7, 1921, as amended by subsequent ordinances, to be
known as Consolidated Improvement District No. 52, comprising the
lots and blocks and lands abutting on the following streets , to-ZRit-
Maple Street from Howes Street to Meldrum Street
Maple Street from Sherwood Street to Whitcomb Street
Cherry Street from College Avenue West to Colorado and
Southern Railwav main tracks
Cherry Street from West Street to Shields Street
North Wood Street from Cherry Street to Svcamore Street
North Meldrum Street from Maple Street to Cherry Street
Crestmore Place from Miller Drive to Citv Park Avenue
Colorado Street in Block 196
Locust Street from Stover Street to Roy West Subdivision
Cowan Street from Mulberry Street to Myrtle Street
Citv Park Avenue from Mulberry Street to City Limit
Sycamore Street from Whitcomb Street to Loomis Street
Whitcomb Street from Sycamore Street to Elm Street
LaPorte Avenue from Roosevelt Avenue to Bryan 4venue
Fishback Avenue from LaPorte Avenue North 25L. feet
North Howes Street from LaPorte Avenue to Maple Street
North 1Vood Street from LaPorte Avenue to Maple Street
Alley in Block 1L1
Section 2. That the said petitions prayed for the improve-
ment of the said district by grading and surfacing with a mixture
of oil and gravel, approximately two inches in thickness, and the
curbing and guttering where necessary of the entire street area
between gutters, the mixture for the surfacing to be according
to specifications of the City Engineer, which said petitions were
made and filed under the provisions of said Ordinance No. 7, 1921,
as amended, and that the plans and specifications, together with
the map prepared by the City Engineer, be and the same are hereby
adopted as the maps, plans and specifications for said aforesaid
improvement district and said work of construction of said improve-
ment district is hereby ordered to be done in accordance herewith,
as provided by law, together with the estimated cost of the
construction of said improvement, amounting to 650,544.57 for
surfacing and $12,672.50 for curb and gutter, and $5,225.00 for
water and sewer connections or a grand total for surfacing, curb
and gutter, and water and sewer connections of $68,422.07, that
the total frontage of the proposed district is 16,117 linear feet,
that the total amount of yardage of oil surfacing material is
43,071.66 square yards , that the present amount of 0.5 foot curb
and gutter required is 6,850 feet and that 19 water connections
will be required and that 19 sewer connections will be required,
that the cost per front foot for oil surfacing of said streets is
estimated at: on 55 foot streets is $3. 79 per front foot, on 38
foot streets is $2.62 per front foot, on 34 foot streets is $2.48
per front foot, on 30 foot streets is $2.05 per front foot. on
18 foot addition to present pavement, LaPorte, is $1. 15 per front
foot; on Alley in Block 141 is $1. 25 per front foot, that the cost
per front foot for 0.5 foot curb and gutter is 01.85, that the
cost for each water connection is $150.00 and for each sewer
connection is' $125.00 and that the above figures include allocation
against the entire cost for one-half of the street intersections,
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the remaining one-half to be paid by the City, that as an example
the following is a statement of estimated costs ; For a 50 foot
lot fronting on a 55 foot street for oil surfacing $139. 50 or
P282.00 for oil surfacing, curb and gutter, and for a 50 foot lot
fronting on a 38 foot street for oil surfacing $131.00, or $p223.50
for oil surfacing and curb and gutter, and for a 50 foot lot
fronting on a 3LL foot street for oil surfacing $121 .00, or 6216.50
for oil surfacing, and curb and gutter, and for a 50 foot lot
fronting on a 30 foot street for oil surfacing $112. 50 or �205.00
for oil surfacing and curb and gutter, and for a 50 foot lot fronting
on LaPorte Avenue, jor 18 foot additional stripy for oil surfacing
$57.50 or $150.00 for oil surfacing and curb and gutter, and for
a 50 foot ]got in Block 141 for oil surfacing alley $62. 50, to which
then shall be added the cost for water and sewer connections where
required to be made. All costs including oil surfacing, curb and
gutter, and sever and matey connections, are to be assessed against
the owners of lots and lands in said district abutting upon said
improvements when completed and accepted, in accordance with the
provisions of Sections 7 and 8 of Ordinance No. 7, 1921, as
amended, and the total cost of the improvement of the street will
be assessed agAnst the property abutting on said streets, but no
amount shall be assessed ag?nst the City, except one-half of the
cost of street intersections. That curbs and gutters where not
now in place conformable to the ordinances of the City of Fort
Collins are hereby ordered constructed, or repaired or reconstructed
upon all property in said Consolidated Improvement District No. 52,
and sewer and water main connections where not now made are hereby
ordered to be made, and the Council shall take appropriate action
by the resolution to require the construction or repairing or
reconstruction of said curbs and gutters in conformity with ,Ordinance
No. 6, 1930, of the City of Fort Collins, and to require sewer and
water main connections in accordance with Section 26 Ordinance
No- 7, 1921, of the City of Fort Collins, and if the same is not
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done by the property owners within thirty (30) days f3�om date of
service of said resolution, as in said ordinance provided, the
City shall construct or repair or reconstruct said curbs and
gutters, or cause said work to be done, and make said connections
with the sewer and water main, and charge and assess the cost
thereof against the abutting property, and in like manner, and in
the same assessing ordinance, to be hereafter adopted, the cost
of oil surfacing shall be assessed and certified to the County
Treasurer as provided by ordinances and law, and the bonds herein
authorized to be issued shall be payable not only out of the
special assessment levy to defray the cost of surfacing the streets
within said district, but also out of the special assessments
levied upon the property in said district, abutting the streets
for curb and gutter, and sewer and water main connections uursuant
to the supplementary proceedings to be taken under said Ordinance
RTo. 6, 1930, and Section 26 of Ordinance ldo. 7, 1921, of the City
of Fort Collins.
Section 3. That pursuant to the requirements of a
resolution of the Council, duly adopted on the 25th day of kugust,
A. D. 1955, due notice was given to the owners of the property to
be assessed by due and lawful publication in the Fort Collins
Coloradoan, a daily newspaper of general circulation in the City
of Fort Collins, for a period as required by law, and as shown by
proof of publication on file in the office of the City Clerk,
which said notice was to the owners of the property to be assessed,
and designated the kind of improvements proposed, the number of
installments and the time in which the cost would be payable, the
rate of interest on the unpaid and deferred installments, the
extent of the district improved, together with the probable cost
per front foot, and as shown by the estimate of the City Engineer,
and to the further effect that on the 13th day of October,I D.
1955s at one-thirty o' clock P.M. , in the Council Chambers in.the
City Hall of the City of Fort Collins, the Council would hear and
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determine all complaints and objections that might be made and
filed in writing concerning the proposed improvements by the owners
of any real estate to be assessed, that in pursuahce of the said
notice, the Council did sit to shear the complaints of said meeting
held on the 13th day of October, Q . D. 1955, at one-thirty o' clock
P.W. and that no complaints in a vritingconcerning the proposed improve.
ments have been filed with the City Clerk,
Section 4, The Council finds that all the requlsements
of the statute respecting the petition and improvements and the
resolutions and notices required by law to be given in respect
thereto before the adoption of an ordinance ordering said improve-
ments, have been observed and complied with in all respects , and
it is hereby ordered that the improvements of Consolidated Improve-
ment District No. 52, as provided for in the map, plans and specifi-
cations heretofore adopted by the Council, and approved in this
Ordinance, be and they are hereby oraered to be constructed.
Section 5, For the purpose of paying the cost of said
improvements , including oil surfacing, curb and gutter, and sewer
and water main connections, bonds of the City of Fort Collins in
the aggregate principal amount of $68,000.00 are hereby authorized
to be issued by the Director of Finance of the City of Fort Collins,
which said bonds shall bear date of November 1, 1956, and in such
form as may be approved by the Council after submission by the
Director of Finance, said bonds shall bear the name of Consolidated
Improvement District No. 52, of the City of Fort Collins, and shall
bear interest at the rate of 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 $1,000.00 each, each
of said bonds shall be subscribed by the Aayor, countersigned by
the Director of Finance and attested by the City Clerk with the
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coruorate seal -bf the City, and registered with the Director of
Finance and shall be delivered from time to time as required for
the pavment of the work herein provided, or the Council, in its
discretion, may sell said bonds to pay such costs in cash, as
provided in Ordinance Jo. 7, 1921, as amended, and anything in
this ordinance or any ordinance of the City of Fort Collins to
the contrary notwithstanding, any or all of the bonds herein
provided for may be sold by the Council at public or private sale,
with or without prior advertisement and upon such terms and condi-
tions as to it seem advisable. Said bonds shall be redeemable out
of the moneys collected on account of the assessments made for
said improvements , including oil surfacing, curb and gutter, and
sewer and water main connections , all moneys collected from said
assessments or from the sale of bonds for said improvements shall
be credited to Consolidated Improvement District No 52, and the
funds so collected shall only be used for the payment of the work
of construction of said improvements and the interest thereon and
collection costs. Said bonds shall be numbered from 1 to 68
inclusive, and shall be redeemable consecutively according to
number and in the order of issuance. Said bonds shall be issued
upon estimates of the Citv EnLineer, approved by the Council, of
the City of Fort Collins , and the Director of Finance shall preserve
the records of the same in a suitable book kept for that purpose.
All of said bonds shall be absolutely due and payable ten (10)
years from the date of issue, but shall be subject to call and
payment at any time prior thereto, as provided in Ordinance No. 7,
1921, relating to local public improvements, as amended. All
assessments made in pursuance of this ordinance, together with all
interest thereon, and penalties for default in payment thereof,
and all costs in collecting the same, shall, from the date of the
final publication of the assessing ordinance hereafter to be
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adopted, constitute a perpetual lien on a parity with the tax
lien for general State, County, City, Torn or School Taxes, and
no sale of such property to enforce any general State, Countv,
City, Town or School tav, or otner 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 forme
UNITED STATES OF A1,TERICA
STATE OF COLORADO CITY OF FORT COLLINS
CONSOLIDATED IMPROVEMENT DISTRICT NO. 52
BOND
NO.
$1,000
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
ONTE THOUSAND DOLLARS
in lawful zmoney of the United States of America, at the office of
the Director of Finance of said City, on the lst day of November,
1966, subject to call and payment, however, at any time prior
thereto, as prodded in the City Charter, and Ordinance No. 7,
1921, relating to local public improvements, as amended, with
interest thereon from date until payment, payable semi-annually,
on the ist day of May and lst 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 Improvement
District No 52 in said City, for street oiling, curb and gutter,
and sewer and water main connections , by virtue and in full confor-
mity with said Charter, and said Ordinance No. 7, 1921, as amended.
This bond is payable out of the proceeds of special
assessments to be levied upon the real property, situate- in said
Consolidated Improvement District No. 52, 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 oe 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 pavmPnt 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,
Countv, City, or School taxes, and no sale of such property to
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enforce anv general State, County, City or School tax, or other
lien of such assessments herein provided to be made.
It is hereby certified and recited that the total issue
of bonds of said Citv 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 require-Went
of law relating to the creation of said Consolidated Improvement
District No. 52, the making of said local improvements and the
issuance of this bond, has been fullv complied with by the proper
officers of said Citv, 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 broperly 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
lst day of November, 1956.
Mayor
(SEAL)
ATTEST• COUNTERSIGNED-
Director of Finance
City Clerk
(Form Coupon)
No. 830.00
November
On the Ist day of Jay, A. D. 19_, unless the bond to
which this coanon is attached has been called for prior redemption,
the City of Fort Collins will pav to bearer
( THIRTY AYD N0/100 DOLLARS)
in lawful money of the United States of America, at the office of the
Director of Finance of Fort Collins , Colorado, being six months ?
interest on its local improvement bond, dated November 1, 1956,
issued for the construction of local improvements in Consolidated
Improvement District No.52, attached to Bond
No. (Facsimile Signature)
City Clerk
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Section 7. The Director of Finance is hereby authorized
and directed to have printed the sufficient number of bonds of
the denomination of $1,000.00 each, numbered from 1 to 68, inclusive,
as is required to meet the estimated cost of said improvements as
herein provided, and when said bonds shall have been duly prepared,
they shall be retained by the Director of Finance to be.issued and
delivered from time to time as herein-before provided.
Section 8. Whenever considered pruaent by the Director
of Finance, he is hereby authorized and empowered, whenever funds
may be in his hands, to the credit of Consolidated Improvement
District No 52, including six months ' interest on the unpaid
princiAal, to advertise for 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 9. Upon the taking effect of this ordinance the
IZayor is hereby authorized and empowered to advertise for bids for
the construction of said improvements in accordance with the map,
plans and specifications heretofore adopted, which advertisements
shall not be less than ten ( 10) days in the official newspaper
published in the City of Fort Collins, and all bids received under
said advertisement shall be submitted to the Council for approval
or rejection, and no contract shall be awarded in excess of the
Citv Engineer's estimate of the cost of said improvements, And
after the contract is awarded for the construction, the Council
shall require a bond for the faithful performance of the same of
not less than the full contract price, with sufficient surety or
sureties to be approved by the Mayor, and the work of construction
when so awarded under said contract shall be under the general con-
trol of the City Manager alone, and in the immediate charge, control
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and supervision of the City Engineer, whose decision in all matters
of dispute respecting compliance with this ordinance ana the contract
made thereunder, and the plans and specifications, shall be final
and binding upon all parties thereto. Rhen said contract is
awarded it shall contain a clause to the effect that it is subject
to the provisions of the charter and of the laws under which said
City of Fort Collins exists, and of this ordinance, and the provisions
of Orainance No. 7, 1921, relating to local public improvements,
as amended, and that the agreed payments shall not exceed the
estimate of the said City Engineer and amount appropriated, and
that upon ten ( 10) days notice, the work under said contract,
without cost or claimigainst the said City of Fort Collins, may
be suspended for substantial cause, and upon complaint of any
owner of real estate to be assessed for the improvement that the
improvements are not being constructed in accordance with the con-
tract, then the Council may consider the complaint and make such
order as may be just, and its decisions shall be final. When said
contract is awarded, it shall also contain a provision as to the
manner of payment--whether the same shall be made in bonds of said
district to be accepted by the contractor at par, or whetner payment
shall be made to the contractor in money, all at the option of
the Council. The Council shall have the right to reject any and
all bids which may be made by any person or persons for the construc-
tion of said improvements, and when, in the judgment of the Council ,
it shall be deemed to the best interests of the said City of Fort
Collins, the said Council is hereby authorized and empowered to
provide for doing such work by hiring parties by the day and 'to
arrange for purchasing the necessary materials to do such work
under the direction, supervision and control of the City Manager,
and the City Engineer acting for said City.
Section 10. When the public improvements, including oil
surfacing, curb and gutter, and sewer and water main connections
in Consolidated Improvement District No. 52, shall have been
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completed and the game approved, by the City Engineer and reconLnended
for acceptance by said officer, and duly accepted by the Council
of the City of Fort Collins, the cost of oil surfacing thereof
shall be assessed upon all the real estate in said district, as
the frontage of each piece of real estate in said district is to
the frontage of all the real estate in the said district, and the
cost of curb and gutter and sewer and water main connections, as
the case may be, shall be assessed against the abutting property
in said district, as hereinbefore authorized, which said assessments
for oil surfacing, curb and putter and server and water main
connections, when made and reported by the City Engineer and approved
by the Council, shall be assessed against the property in said
Consolidated Improvement District Jo. 52, by an ordinance to be
adopted as provided by Ordinance *"To. 7,1921, as amended.
Section 11. This ordinance shall be irrepealable until
the indeotedness herein provided for, wnenever the same shall be
created, shall have been duly paid, satisfied and discharged as
herein provided.
Introduced, considered favorably on lst reading, and
ordered published this 13th day of October, A D 1955, and to be
presented for final passage on the loth day of November, A. D. 1955•
PJlayor
4TTEST-
Citv Clerk
Passed and adopted on final reading this jQ - day of
November, A D 1955•
Mayor '
ATTEST*
City Clerk
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