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HomeMy WebLinkAbout006 - 06/30/1949 - RELATING TO THE CREATION OF CONSOLIDATED IMPROVEMENTS DISTRICT NO. 47 (EMERGENCY ORDINANCE) r ORDINANCE NO 61 1949 BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF CONSOLIDATED IMPROVEMENT DISTRICT NO 47, PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS 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 199 petitions , duly filed and presented to the City Council on May 5, 1949, which said petitions were referred to the City Engineer for investi- gation 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 199 petitions should be consolidated and con- sidered as one petition for all purposes And the City Council, by resolution duly adopted on May 5, 1949, ordered the consoli- dation of said 199 petitions into one petition 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 Improvement District No 47, com- prising the lots and blocks and lands abutting on the following streets, to-wit Magnolia Street from Shields Street tothe Center 500 Block West Magnolia Street Woodford Avenue from Shields Street to Washington Avenue Akin Avenue from Shields Street to Washington Avenue Washington Avenue from Oak Street to Laurel Street Gordon Street from Akin Avenue to Mulberry Street Wayne Street from Akin Avenue to Mulberry Street Mack Street from Mountain Avenue to Akin Avenue Olive Street from Whitcomb Street to Loomis Street Myrtle Street from Washington Avenue to Meldrum Street E Myrtle Street from Whedbee Street to Smith Street Loomis Street from Laurel Street to Mulberry Street Grant Avenue from Laurel Street to Mulberry Street Sherwood Street from LaPorte Avenue to Cherry , Street N Grant Avenue from Mountain Avenue to LaPorte Avenue Stover Street from Riverside Avenue to Mulberry Street Lyons Street from Mountain Avenue to LaPorte Avenue Mathews Street from Lake Street to Prospect Street Scott Avenue from Mountain Avenue to Oak Street Eastdale Drive Locust Street from Smith Street to Stover Street 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 and one-half 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 71 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 therewith, as provided by law, together with the estimated cost of the construction of said improvement , amounting to $98, 044. 79 for surfacing and -2- $19, 544 00 for curb and gutter and gutter only and$6,632 72 for water and sewer connections or a grand total for surfacing, curb and gutter and water and sewer connections of $124,221. 51, that the total frontage of the proposed district is 38,116 43 linear feet , that the total amount of yardage of oil surfacing material is 112 ,359 37 square yards, that the present amount of 0 8 foot curb and gutter required is 3807 34 feet and the amount of 0 5 foot curb and gutter required is 3629 37 feet and that of gutter alone is 300 feet and that 46 water connections will be required and that 10 sewer connections will be required, that the cost per front foot for oil surfacing of said streets is esti- mated at on 100 foot streets is $2 8947 per front foot, on 80 foot streets is $2 3178 per front foot , on 70 foot streets is $1 9931 per front foot, on 60 foot streets is $1 6784 per front foot , on 40 foot streets (Woodford) is $1 1539 per front foot and on 40 foot streets (Eastdale) is $2 1648 per front foot , that the cost per front foot for 0 8 foot curb and gutter is $2 85 and for 0 5 foot curb and gutter is $2 25 and the cost per front foot for gutter only is $1 75, that the cost for each water connection is $113 92 and for each sewer connection is $139 24 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 foot street for oil surfacing $144 74 or $287 24 for oil surfacing, curb and gutter, and for a 50 foot lot fronting on an 80 foot street for oil surfacing $115 89, or $228 39 for oil surfacing and curb and gutter, and for a 50 foot lot fronting on a 70 foot street for oil surfacing $99 66, or $212 16 for oil surfacing and curb and gutter, and for a 50 foot lot fronting on a 60 foot street for -I- oil surfacing $89 20, or $201 70 for oil surfacing and curb and gutter, and for a 50 foot lot fronting on a 40 foot street (Woodford) for oil surfacing $57.70, or $170 20 for oil surfacing and curb and gutter, and for a 50 foot lot fronting on a 40 foot street (Eastdale) for oil surfacing $108 24, or $220 74 for oil surfacing and curb and gutter, 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 gutter only, 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 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 47, 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 con- nections in accordance with Section 26, Ordinance No 7, 1921, of the City of FortCollins , 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, -4- 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 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 5th day of May, A D 1949, due notice was given to the owners of the property to be assessed by due and lawful publication in 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 in- stallments , 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 30th day of June, A. D 1949, at four o' clock P M in the City Council Chambers in the City Hall of the City of Fort Collins, the City -5- Council would hear and determine all complaints and objections that might be made and filed in writing concerning the pro- posed 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 30th day of June, A D 1949, at four o' clock P M , and that no complaints in writing concerning the proposed improvements have been filed with the City Clerk Section 4 The City Council finds that all the requirements of the statute respecting the petition and improve- ments and the resolutions and notices required by law to be given in respect thereto before the adoption of an ordinance ordering said improvements , heve been observed and complied with in all respects, and it is hereby ordered that the improve- ments of Consolidated Improvement District No. 47, 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 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 $124,000 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, 1949, and in such form as may be approved by the City Council after submission by the Commissioner of Finance, said bonds shall bear the mme of Consolidated Improvement Bistrict No 47, of the City of Fort Collins, and shall bear interest at the rate of 6% per annum, payable semi-annually, said interest -6- 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 Ex-Officio Mayor, countersigned by the Commissioner of Finance and Ex-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, with or without prior ad- vertisement and upon such terms and conditions as to it seem advisable Said bonds shall be redeemable out of the monies 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 47 , 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 124, 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 -7- 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 publi- cation 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 following form UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLINS CONSOLIDATED IMPROVEMENT DISTRICT NO 47 BOND NO $1,000 The City of Fort Collins , in the County of Larimer and State of Colorado, for value received, acknowledges itself in- debted 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 lst day of November, 1959, 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 71 1921, relating to local public improvements , as amended, with in- terest thereon from date until payment , payable semi-annually, on the lst day of May and lst 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 -lq- of local improvements constructed in Consolidated Improvement District No 47 in said City, for street oiling, curb and gutter, and sewer and water main connections, by virtue and in full con- formity 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. 47, especially benefited ' by said improvements , and the amount of the assessments so to be made upon the real estate in saidDistrict for the payment there- of, 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 ordxance 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 publi- cation of the assessing ordinance hereafter to be adopted, con- stitute a perpetual lien on a parity with the tax lien for gen- eral 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 asses- sments herein provided to be made It is hereby certified and recited that the total is- sue of bonds of said City for said District , including this bond, does not exceed the e®timate of the City Engineer, or the con- tract price for said improvements, or the amount authorized by law, and it is further hereby certified and recited that every requirement of law relating to the creation of said Consolidated Improvement District No. 47, the/makinef said local improvements and the issuance of this bond, has been fully complied with by the proper officers of said City, and that all conditions re- quired 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 prop@rly 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, 1949 Commissioner of Safety and (S E A L) Ex-Off icio Mayor ATTEST COUNTERSIGNED Commissioner of Finance and Ex-Officio City Treasurer City Clerk -9- (Form Coupon) No $30 00 November On the lst 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 (THIRTY AND N0/100 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, 1949, issued for the construction of local improvements in Consolidated Improvement District No 47 , 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 sufficient number of bonds of the denomination of $1,000 00 each, numbered from one to 124, 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 hereinbefore 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 Improve- ment District No 47 , including six months' 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 zo issued shall be called and paid in their numerical order -10- 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 con- struction of said improvements in accordance with the map, plans and specifications heretofore adopted, which advertise- ments 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 Engineer' s 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 notice, the work under said contract , without cost or claim against the said C ity of Fort Collins, may be suspended -11- for substantial cause, and upon complaint of any owner of real estate to be assessed for the improvement that the im- provements 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 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 47 , shall have been completed and the same approved, by the City Engineer and recommended for acceptance by said officer, and duly accppted 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 and server 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 47, 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 IV of the City Charter Introduced, read at length, and adopted by the unanimous vote of all the members of the City Council this 30th day of June , A D 1949 o�� ZZ) Co missioner of Safety nd Ex-Officio Mayor Attest � V 1 City Clerk -13- STATE OF COLORADO) SS County of Larimer) 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 30th day of June , A D 1949, and was duly adopted and ordered published in the Eort Collins Coloradoan, a daily newspaper and the official news- paper of the City of Fort Collins, by the unanimous vote of all members of theCity 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 5th day of July, A D 1949 , said Ordinance No 6 was duly jwblished in the Fort Collins Coloradoan, a daily news- paper 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 5th day of July , A D. 1949 City Clerk