HomeMy WebLinkAbout007 - 08/12/1948 - RELATING TO THE CREATION OF CONSOLIDATED IMPROVEMENT DISTRICT NO. 46 (EMERGENCY ORDINANCE) 0)
ORDINANCE NO 7, 1948
.BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF
CONSOLIDATED IMPROVEMENT DISTRICT NO 46 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 64 petitions duly
filed and presented to the City Council on July 8, 1948 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 64 petitions should be consolidated and con-
sidered as one petition for all purposes And the City Council
by resolution duly adopted on July 8 1948, ordered the consol-
idation of said 64 petitions into one petition for all purposes
THEREFORE, there is hereby created and organised, 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 46, com-
prising the lots and blocks and lands abutting on the following
streets to-wit
Smith Street from Edwards Street to Pitkin Street
Whedbee Street from Buckeye Street to Prospect Street
Lake Street from alley to Circle Drive
Washington Avenue from Mountain Avenue to Oak Street
Mason Street from Oak Street to Magnolia Street
Park Street from Laporte Avenue to Cherry Street
Roosevelt Avenue from Laporte Avenue to Mountain Avenue
Sherwood Street from Oak Street to Laporte Avenue
Whitcomb Street from Laporte Avenue to Mulberry Street
North Mack Street from Mountain Avenue to Laporte Avenue
Edwards Street from Whedbee Street to City Limits
Section 2 That the said petition 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 theentire 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
proYisions 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 therewith, as provided
by law, together with the estimated cost of the construction
of said improvement, amounting to $58 156 05 for surfacing, and
$11,901 66 for curb and gutter only, and $7,037 97 for water
and sewer connections, or a grand total for surfacing curb and
gutter, sewer and water connections, of $77,095 682 that the
total frontage is 20,691 4 linear feet, that the total amount
of yardage of oil surfacing material is 55,732 5 square yards,
that the present amount of curb and gutter required is 4,273
feet, and of gutter alone is 250 feet, that 30 water connections
will be required and that 26 sewer connections will be required,
that the cost per front foot on said streets is estimated at
on 100 foot streets, $2 9337 per front foot on 70 foot streets,
$2 0272 per front foot, on 60 foot streets is $1 7602 per front
foot, on 50 foot streets, is $1 3876 per front foot, that the
cost per front foot for curb and gutter is on 100 foot streets ,
$2 85, on 70 foot streets, $2 72, and on 60 and 50 foot streets
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is $2 22 and the cost per front foot for gutter only is
$1 96, and 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 intersection, the remaining one-half to be
paid by the city, that as an example--the following is a state-
ment of estimated cost For a 50 foot lot fronting on a 100
foot street for oil surfacing $146 68 or $289 18 for oil
surfacing, curb and gutter, and for a 50 foot lot fronting on a
70 foot street for oil surfacing $101 36 or $237 36 for oil
surfacing and curb and gutter, and on a 60 foot street for oil
surfacing $88 01, or $199 01 for oil surfacing and curb and
gutter, and on a 50 foot street $59 83 for oil surfacing or
$180 38 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 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 in-
tersections and the portions of the streets occupied by
street car tracks That curbs and gutters where not now in
place conformible 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
46 and sewer and water main connections where not now made are
hereby ordered to be made, and the City Council shall take
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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 con-
struct 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, at 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 suplementary 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 8th day
of July, A D 1948, 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,
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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 12th day of August, A D 19481 at four 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 12th day of August, A D 1948 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 improvements
and the resolutions and notices required by law to be given in
respect thereto before the adoption of an ordinance ordering
said improvements has been observed and complied with in all
respects, and it is hereby ordered that the improvements of
Consolidated Improvement District No 46, 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 $77,000 00 are
hereby authorised 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 September 1, 1948, and in
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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 46,
of the City of Fort Collins, and shall bear interest at the
rate of 6% per aunum, 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 $500 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 C17, 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 monies collected from said assessments
or from the sale of bonds for said improvements shall be
credited to Consolidated Improvement District No 46, and the
hinds 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 154, inclusive, and shall be redeemable consecutively
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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 al]60sts 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 following form
UNITED STATES OF AMERICA
STATE OF COLORADO
CITY OF FORT COLLINS
CONSOLIDATED IMPROVEMENT DISTRICT NO 46
No
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 the bearer hereof, the
sum of Five Hundred ($,500 00) Dollars in lawful money of the
United States, at the office of the City Treasurer of said City,
on the lst day of September, 1958, subject to call and payment,
however, at any time prior thereto, as provided in the amend-
ment 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 at the rate of six per cent (6%) per
annum, payable semi-annually, on the 1st day of March and the
1st day of September 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
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This bond isissued for the purpose of paying the cost
of the local improvements in Consolidated Improvement District
No 46 for street oiling, curb and gutter and sewer and water
main connections, by virtue and in full conformity with 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 _This bond
is payable out of the proceeds of special assessments to be
levied upon the real property, situate in the City of Fort
Collins in said Consolidated Improvement District No 46,
especially benefitted by said improvements , and the amount of
the assessment 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, Town or School
taxes, and no sale of such property Vo enforce any general State,
County, Town or School tax, or other lien, shall extinguish
the perpetual lien of such assessments herein provided be
made, and 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 and the
contract price for said improvements , nor the amount authorized
by law, and it is further hereby certified and recited that
every requirement of law relating to the creation of said Con-
solidated Improvement District No 46 the making of 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 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 sub@cribed 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 thereto attached to be attested by the facsimile
signature of the City Clerk as of the 1st day of September,
1948
Commissioner of Safety an
Ex-Officio Mayor
COUNTERSIGNED
Commissioner of Finance an
Ex-Officio City Treasurer
Attest
City Clerk
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(Form of Coupon)
No $15 00
On this day of 19 the
City of Fort Collins will pay to the bearer Fifteen ($15 00)
Dollars in lawful money of the United States, at the office
of the City Treasurer of Fort Collins, Colorado, being six
(6) months' interest on its local improvement bond dated
September 1 1948, issued for the construction of the local
improvements known as Consolidated Improvement District No
46, provided this bond shall not have been heretofore paid
Attached to Bond No
City Clerk
Section 7 The Commissioner of Finance and Ex-
Officio City Treasurer is hereby authorised and directed to
have printed the sufficient number of bonds of the denomination
of $500 00 each numbered from one to 154 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 46, 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 (3)) 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 con-
struction of said improvements in accordance with the map,
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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 tan (10)
days notice, the work under said contract without cast 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 im-
provements are not being constructed in accordance with the
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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 46, 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 fontage 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 sewer and water main connections,
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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 46, 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
12th day of August, A D 1948
—Commissioner of Safety an -
Officio Mayor
Attest
-'- I L;1ty Cleric
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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 12th day of August, A D
1948, and was duly adopted and ordered published in the Fort
Collins Coloradoan, a daily newspaper and the official news-
paper 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 17th day of August, A D 1948, said Ordinance No 7 was
duly published 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 17th day of August,
A D 1948
City Clerk