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HomeMy WebLinkAbout006A - 07/18/1952 - RELATING TO THE CREATION OF CONSOLIDATED IMPROVEMENT DISTRICT NO 49 (EMERGENCY ORDINANCE) ORDINANCE NO 6 1952 CGI� BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF CONSOLIDATED IMPROVEMENT DISTRICT NO 49 PROVIDING FOR TEE CONSTRUCTION OF IMPROVEMENTS THEF.EIN 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 71 petitions duly filed and presented to the City Council on March 21 1952 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 71 petitions should be consolidated and considered as one petition for all purposes And the City Council by resolution dulv adopted on March 21 1952 ordered the consolidation of said 71 petitions into one aetition for all purposes THEREFORE there is hereby created and organized an improvement district under and by virtue of the provisions of Ordinance No 7 1921 as amended by subsequent ordinances to be known as Consolidated Improve— ment District No 49 comprising the lots and blocks and lands abutting on the following streets to—wit Mason Street from Myrtle Street to Laurel Street Magnolia Street from Whedbee Street to Smith Street Cherry Street from Howes Street to Sherwood Street Loomis Street from Laporte Avenue to Maple Street Grant Avenue from LaPorte Avenue to Maple Street Park Street from Cherry Street to Sycamore Street Sycamore Street from Park Street to West Street Bryan Avenue from Mountain Avenue to LaPorte Avenue Fishback Avenue from Mountain Avenue to LaPorte Avenue Section 2 That the said petitions prayed for the improvement 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 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 $ 22,5.92.67 for surfacing and $ 12,449 50 for curb and gutter and $2 805 00 for water and sewer connections or a grand total for surfacing curb and gutter and water and sewer connections of $_ 4a 6,62,E that the total frontage of the proposed district is 9853 3 6 linear feet that she total amount of yardage of oil surfacing material is 26 923 square yards that the present amount of 0 5 foot curb and gutter required is 6579 feet and that 15 water connections will be required and that 12 sewer connections will be required that the cost per front foot for oil surfacing of said streets is estimated at on 100 foot streets is $3 53 per front foot on 80 foot streets is $2 82 per front foot on 70 foot streets is $2 44 per front foot on 60 foot streets is $2 05 per front foot that the cost per front foot for 0 5 foot curb and gutter is $1 90 that the cost for each water connection is $95 00 and for each sewer connection is $115 00 and that the above figures include allocation against the entire cost for one-half of the street intersections the re- maining 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 100 feet street for oil surfacing $176 50 or $271 50 for oil surfacing curb and gutter and for a 50 foot lot fronting on a 80 foot street for oil surfacing $141 00 or $236 00 for oil surfacing and curb and gutter and for a 50 foot lot fronting on a 70 foot street for oil surfacing $122 00 or $217 00 for oil surfacing and curb and gutter and for a 50 foot lot fronting on a 60 foot street for oil surfacing $102 50 or $197 50 for oil surfacing and curb and gutter to vhich then shall be added the cost for water and - 2 - sewer connections where required to be made All costs including oil surfacing curb and gutter or gutter only and sewer and Crater 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 is th the provisions of Section 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 ordinances of the City of Fort Collins are hereby ordered constructed or repaired or reconstructed upon all property in said Consolidated Improvement District No 49 and seiner and ,rater main connections where not now made are hereby ordered to be made and the City Council shall take appropriate action by resolution to reouire 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 r ecuire 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 recon- struct 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 — 3 — assessments levied upon the property in said district abutting the streets for curb and gutter or gutter only 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 13th day of June A D 1952 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 news- paper 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 18th day of July A D 1952 at one-thirty o'clock 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 18th day of July A D 1952 at one-thirty o1clock P M and that complaints were filed from nine property owners and that the following block was removed from the proposed district Meldrum Street from LaPorte Avenue to Maple Street 4 - 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 49 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 and sewer and Crater main connections bonds of the City of Fort Collins in the aggregate principal amount of '$43 000 00 are hereby authorized to be issued by the Commissioner of Finance and Ex-Officio City Treasurer of the City of Fort Collins which said bonds shall bear date of November 1 1952 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 49 of the City of Fort Collins and shall bear interest at the rate of 5% 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 Commissioner of Safety and Em-Officio Mayor countersigned by the Commissioner of Finance and Ea-Officio City Treasurer and attested by the City Clerk with the corporate seal of the 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 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 City Council at Public or private sale - 5 - 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 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 49 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 44 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 improve— ments 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 Section 6 Said bonds and coupons attached thereto shall be substantially in the follova ng form UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLINS CONSOLIDATED IMPROVEMENT DISTRICT NO 49 BOND NO $1 000 The City of Fort Collins in the County of Larimer and State of Colorado for value received acknowleages 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 1st day of November 1962 Qubject to call and payment however at any time prior thereto as provided in the amendment to Section 1 of Article %VII 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 lst day of May and 1st 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 49 in said City for street oiling curb and gutter 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 49 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 ana it is further hereby certified and recited that ever requirement of law relating to the creation of said Consolidated Improvement District No 49 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 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 lair IN TESTIMONY WHEREOF the said City of Fort Collins has caused - 7 - this bond to be subscribed by its Commissioner of Safety and Ex-Officio Mayor countersigned by its Commissioner of Finance and Ex-Of£icio City Treasurer and attested by its City Clerk under the seal of said Citv and the interest coupons hereto attached to be attested by the facsimile signature of the City Clerk as of he 1st day of November 1952 Commissioner of Safety and Ex-Officio Mayor (SEAL) ATTEST COUNTERSIGNED Commissioner of Finance and Ex-Officio City Treasurer City Clerk (Form Coupon) No $25 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 ( TWENTY-FIVE AND N01100 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 1952 issued for the construction of local improvements in Consolidated Improvement District No 49 attached to Bond No (Facsimile Signature) City Clerk Section 7 The Commissioner of Finance and Ex-Officio 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 one to 444 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 whenever funds may be in his hands, to the credit of Consolidated Improvement District No 49 including six months) interest on the unpaid_ principal to advertise for five (5) days - 8 - 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 Ex-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 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 9 - 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 ,lust 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 Section 10 When the public improvements including oil surfacing curb and gutter and gutter only and sewer and water main connections in Consolidated Improvement District No 49 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 gutter only 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 gutter only — 10 — 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 49 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 matisfied 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 IV of the City Charter Introduced read at length and adopted by the unanimous vote of all the members of the City Council this 18th day of July A D 1952 2wce,z Commissioner of Safety and Ex-Officio Mayor Attest City Clerk J - 11 - STATE OF COLORADO ) ss County of Larimer ) I MIKES 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 18th day of July A D 1952 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—urt the 22nd day of July A D 1952 said Ordinance No 6 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 22nd day of July A D 1952 pie dam/ City Clerk