HomeMy WebLinkAbout013 - 08/14/1953 - RELATING TO THE CREATION OF CONSOLIDATED IMPROVEMENT DISTRICT NO. 50 (EMERGENCY ORDINANCE) ORDINANCE NO 13 1953
BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF CONSOLIDATED
IMPROVR40T DISTRICT NO 50 PROVIDING FOR THE CONSTRUCTION OF IMPROVE-
KETS THEREIN AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COST
OF CONSTRUCTION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS:
Section 1 That pursuant to 55 petitions duly filed and
presented to the City Council on May 1 1953 which said petitions were
referred to the City Engineer for investigation and report and were by
said City Engineer reported back to the City Council as being signed by
the owners of more than one—third of the frontage in the proposed
district and the Commissioner of Works and the City Engineer made a
further report that said 55 petitions should be consolidated and considered
as one petition for all purposes And the City Council, by resolution
duly adopted on May 19 1953 ordered the consolidation of said 55
petitions into one petition for all purposes
TEEREFORE there is hereby created and organized an improvement
district under and by virtue of the provisions of Ordinance No 7 19219
as amended by subsequent ordinances to be known as Consolidated Improve—
ment District No 50 comprising the lots and blocks and lands abutting
on the following streets to—wit:
East Myrtle Street from Smith Street to the City Limits
North Meldrum Street from LaPorte Avenue to Maple Street
North Howes Street from Maple Street to Cherry Street
Maple Street from Grant Street to Wood Street
Wood Street from Maple Street to Cherry Street
Cherry Street from Wood Street to Park Street
Mason Street from Magnolia Street to Mulberry Street
Mason Street from Mulberry Street to Myrtle Street
Section 2 That the said petitions prayed for the improvement
of the said district by grading and surfacing Frith a mixture of oil and
gravel approximately two inches in thickness and the curbing and guttering
where necessary of the entire street area between gmtters 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
improvement 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 $32 664 35 for surfacing and $8,835 00
for curb and gutter and for combination curb gutter and sidewalk and
$59000 00 for water and sewer connections or a grand total for surfacingo
curb and gutter combination curb gutter and sidewalk and water and
sewer connections of $46 499 35 that the total frontage of the proposed
district is 8 476 5 linear feet that the total amount of yardage of
oil surfacing material is 29 164 6 square yards that the present amount
of 0 5 foot curb and gutter required is 4 650 feet and that 20 water
connections will be required and that 16 sewer connections will be required
that the cost per front foot for oil surfacing of said streets is estimated
at: on 56 foot streets is $3 75 per front foot on 44 foot streets is
$2 96 per front foot on 32 foot streets is $2 16 per front foot that
the cost per front foot for 0 5 foot curb and gutter is $1 90 for
combination curb gutter and sidewalk is $2 80 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 the remaining one—half to be paid by
the City that as an example the following is a statement of estimated
costs b'or a 50 foot lot fronting on a 56 foot street for oil surfacing
$187 50 or $282 50 for oil surfacing, curb and gutter or $327 50 for oil surfacing
combination curb gutter and sidewalk and for a 50 foot lot fronting on a
44 foot street for oil surfacing $148 009 or $243 00 for oil surfacing and
oil surfacing
curb and gutter or $288 00 for/combination curb gutter and sidewalk and
_2.,
for a 50 foot lot fronting on a 32 foot street for oil surfacing $108 00
or $203 00 for oil surfacing and curb and gutter or $248 00 for oil
surfacing combination curb gutter and sidewalk to which then shall be
added the cost for water and sewer connections where required to be made
All costs including oil surfacing curb and gutter or combination curb*
gutter and sidewalk and sewer and water connections are to be assessed
against the owners of lots and lands in said district abutting upon said
improvements when completed and accepted in accordance with the provisions
of Sections 7 and 8 of Ordinance No 7 1921 as amended, and the total
cost of the improvement of the street will be assessed against the property
abutting on said streets but no amount shall be assessed against the City$
except one—half of the cost of street intersections That curbs and
gutters where not now in place conformable to the ordinancesof the City
of Fort Collins are hereby ordered constructed, or repaired or reconstructed
upon all property in said Consolidated Improvement District No 50 and
sewer and water main connections where not now made are hereby ordered
to be made and the City Council shall take appropriate action by 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 done by the property owners within thirty (30) days
from 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
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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 or combination
curb gutter and sidewalk and sewer and water main connections pursuant
to the supplementary proceedings to be taken under said Ordinance No 6,
1930 and Section 26 of Ordinance No 7 1921 of the City of Fort
Collins
Section 3 That pursuant to the requirements of a resolution
of the City Council duly adopted on the loth day of July A D 1953+ 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 14th day of August A D 1953 at one—thirty otclock P M in
the City Council Chambers in the City Hall of the City of Fort Collins
the City Council would hear and 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 pursuance of the
said notice the said City Council did sit to hear the complaints of said
meeting held on the 14th day of August A D 1953 at one—thirty otclock P M ,
and that no complaints in writing concerning the proposed improvements
have been filed with the City Clerk
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Section 4 The City Council finds that all the requirements
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 improvements have been observed
and complied with in all respects and it is hereby ordered that the
improvements of Consolidated Improvement District No 50 as provided
for in the map plans and specifications heretofore adopted by the City
Council and approved in this Ordinance be and they are hereby ordered to
be constructed
Section 5 For the purpose of paying the cost of said improve-
ments including oil surfacing curb and gutter combination curb gutter
and sidewalk and sewer and water main connections bonds of the City of
Fort Collins in the aggregate principal amount of $46 000 00 are hereby
authorized to be issued by the Commissioner of Finance and Ex-0fficio
City Treasurer of the City of Fort Collins which said bonds shall bear
date of November 19 1953 and in such form as may be approved by the City
Council after submission by the Commissioner of Finance said bonds shall
bear the name of Consolidated Improvement District No 50 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 $19000 00 each each of said
bonds shall be subscribed by the Commissioner of Safety and Ex+-0fficio
Mayor countersigned by the Commissioner of Finance and Ex-Officio City
Treasurer and attested by the City Clerk with the corporate seal of the
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City and registered with the City Treasurer and shall be delivered from
time to time as required for the payment of the work herein provided or
the City Council in its discretion may sell said bonds to pay such costs
in cash as provided in Ordinance No 7 19219 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 City Council at public or private sale with or without
prior advertisement and upon such terms and conditions 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 combination curb gutter and sidewalk 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 ITo 50, 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 46 inclusive
and shall be redeemable consecutively according to number and in the order
of issuance Said bonds shall be issued upon estimates of the City Engineer
approved by the City Council and the City Treasurer 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 adopted constitute a perpetual lien 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
-6.
Section 6 Said bonds and coupons attached thereto shall be
substantially in the following form
UNITED STATE OF AMERICA
STATE OF COLORADO CITY OF FORT COLLINS
CONSOLIDATED IMPROVEMENT DISTRICT NO 50
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
ONE THOUSAND DOLLARS
in lawful money of the United States of America at the office of the
City Treasurer of said City on the lot day of November 1963 subject
to call and payment however at any time prior thereto as provided
in the amendment to Section 1 of Article XVII of the City Charter
passed and adopted April 6 1920 and Ordinance No 7 1921 relating
to local public improvements as amended with interest thereon from
date until payment payable semi—annually on the lot day of May and
lot day of November at the office of the City Treasurer 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
50 in said City for street oiling curb and gutter combination curb,
gutter and sidewalk and sewer and water main connections by virtue
and in full conformity with said Charter amendment 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 50 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 hereafter to be adopted constitute a perpetual
lien on a parity with the tax lien for general State County City or
School taxes and no sale of such property to enforce any general State,
County City 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 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 lair relating to the creation of said
Consolidated Improvement District No 50 the making of said local improve-
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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 to render the same lawful and valid have happened and been properly
done and performed and did exist in regular and due time form and manner as
required by law
IN TESTIMONY WHEREOF the said City of Fort Collins has caused
this bond to be subscribed by its Commissioner of Safety and Ex—Officio
Mayor countersigned by its Commissioner of Finance and Ex.-Officio
City Treasurer 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 1st day of November
1953
Commissioner of Safety and
Ex—Officio Mayor
(SEAL)
ATTEST COUNTERSIGNED:
Commissioner of Finance and
Ex—Officio City Treasurer
City Clerk
(Form Coupon)
No $30 00
November
On the 1st day of May A D 19_ unless the bond to which this
coupon is attached has been called for prior redemption, the City of Fort
Collins will pay to bearer
( THIRT'YaAND 110/100 DOLLARS )
in lawful money of the United States of America at the office of the
City Treasurer of Fort Collins Colorado being six months) interest on
its local improvement bond dated November 1 1953 issued for the
construction of local improvements in Consolidated Improvement District
No 50 attached to Bond
No (Facsimile Signature)
City Clerk
—8..
Section 7 The Commissioner of Finance and Ea-0fficio City
Treasurer is hereby authorized and directed to have printed the suf-
ficient number of bonds of the denomination of $1 000 00 each
numbered from 1 to 46 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 City Treasurer to
be issued and delivered from time to time as herein-before provided
Section 8 Whenever considered prudent by the City Treasurer
he is hereby authorized and empowered mhenever funds may be in his hands
to the credit of Consolidated Improvement District No 50 including six
monthsl interest on the unpaid principal 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
Commissioner of Safety and Em-Officio Mayor is hereby authorized and
empowered to advertise for bids for the construction of said improve-
ments 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 City Council
for approval or rejection and no contract shall be awarded in excess
of the City Engineerts estimate of the cost of said improvements And
after the contract is awarded for the construction the City 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 Commissioner of Safety and Ex-Officio Mayor and
the work of construction when so awarded under said contract shall be
under the general control of the Commissioner of Public Works and City
Manager and the immediate charge control and supervision of the City
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Engineer whose decision in all matters of dispute respecting compliance
With this ordinance and the contract made thereunder and the plans and
specifications shall be final and binding upon all parties thereto
When 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 Ordinance 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 claim against 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
contract then the City 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 whether payment shall be made to the contractor
in money all at the option of the City Council The City Council shall
have the right to reject any and all bids which may be made by any person
or persons for the construction of said improvements and when in the
judgment of the City Council it shall be deemed to the best interests of
the said City of Fort Collins the said City 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 the
Commissioner of Public Works and the City Engineer acting for said City
—10..
Section 10 When the public improvements including oil
surfacing curb and gutter combination curb gutter and sidewalk and
sewer and water main connections in Consolidated Improvement District
No 50 shall have been completed and the same approved by the City
Engineer and recommended for acceptance by said officer and duly
accepted by the City 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 or combination curb gutter and sidewalk 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 gutter or combination
curb gutter and sidewalk and sewer and water main connections when
made and reported by the City Engineer and approved by the City Council,
shall be assessed against the property in said Consolidated Improvement
District No 50 by an ordinance to be adopted as provided by Ordinance
No 7 1921 as amended
Section 11 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
Section 12 In the opinion of the City Council an emergency
exists for the preservation of public health peace and safety and this
ordinance shall take effect upon its passage under and by virtue of the
authority contained in Sections 6 and 7 of Article I9 of the City Charter
—11—
Introduced read at length and adopted by the unanimous
vote of all the members of the City Council this 14th day of August
A D 1953
Commissioner df 'Saf9ty and.
Ex—Officio Mayor
Attest
City Clerk
STATE OF COLORADO)
) ss
COUNTY OF LAHIMER)
I MILES F HOUSE City Clerk of the City of Fort Collins
do hereby certify and declare that the foregoing Ordinance consisting
of twelve (12) Sections was duly proposed and read at length at a
regular meeting of the City Council held on the 14th day of August
A D 1953 and was duly adopted and ordered published in the Fort Collins
Coloradoan a daily newspaper and the official newspaper of the City
of Fort Collins by the unanimous vote of all members of the City Council,
as an emergency ordinance in accordance with the provisions of Sections
6 and 7 of Article IV of the City Charter and thereafter and on to—wit
the 18th day of August A D 1953 said Ordinance No 13_ was
duly published in the Fort Collins Coloradoan a daily newspaper published
in the City of Fort Collins Colorado
IN WITNESS WHEREOF I have hereunto set my hand and affixed
the seal of said City this 18th day of August A D 1953
ity Clerk