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HomeMy WebLinkAbout015 - 08/21/1953 - RELATING TO THE CREATION OF CONSOLIDATED IMPROVEMENT DISTRICT NO. 51 (EMERGENCY ORDINANCE) • r ORDINANCE NO 15 . 1953 BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF CONSOLIDATED IMPROVEMENT DISTRICT NO 511 PROVIDING FOR THE CONSTRUCTION OF IMPROVE- MENT'S THEREIN, AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COST ' OF CONSTRUCTION THEREOF BE IT ORDAINED BY THE CITY COUNCIL CF THE CITY OF FORT COLLINS Section 1 That pursuant to 61 petitions, duly filed and presented to the City Council on May 1, 19531 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 61 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 61 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, 0 as amended by subsequent ordinances, to be known as Consolidated Improve- ment District No 51, comprising the lots and blocks and lands abutting on the following streets, to-wit West Street from LaPorte Avenue to Sycamore Street Scott Avenue from Magnolia Street to Mulberry Street West Myrtle Street from Shields Street to City Park Avenue East Coy Drive from West Myrtle Street to the City Limits West Coy Drive from West Myrtle Street to the City Limits Roosevelt Avenue from West Mountain Avenue to Oak Street West Olive Street from Shields Street to Scott Avenue West Olive Street from Scott Avenue to the alley west of Scott Avenue East Olive Street from Whedbee Street to Smith Street East Olive Street from Smith Street to Riverside 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 79 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 $27,458 61 for surfacing and $14*896 00 for curb and gutter, and for combination curd, gutter and sidewalk and $5,250 00 for water and sewer connections or a grand total for surfacing, curb and gutter, combination curb, gutter and sidewalk and water and sewer connections of $47,604 61, that the total frontage of the proposed district is 10,296 2 linear feet, that the total amount of yardage of oil surfacing material is 24,516 6 square yards, that the present amount of 0 5 foot curb and gutter required is 7,840 feet and that 25 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 56 foot streets is $3 75 per front foot, on 38 foot streets is $2 55 per front foot, on 36 foot streets is $2 42 per front foot, on 32 foot streets is $2 16 per front foot, on 28 foot streets is $1 90 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 For 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 -2. 38 foot street for oil surfacing $127 50, or $222 50 for oil surfacing and curb and gutter or $267 50 for oil surfacing, combination curb, gutter and sidewalk, and for a 50 foot lot fronting on a 36 foot street for oil sur— facing $121 00, or $216 00 for oil surfacing and curb and gutter, or $261 00 for oil surfacing, combination curb gutter and sidewalk, and for a 50 foot lot £rotting on a 32 foot street for oil surfacing $108 00 or $203 00 for oil surfacing and curb and gutter or $24.8 00 for oil surfacing, combination curb, gutter and sidewalk, to which then shall be added the cost for water and seater connections where required to be made All costs in— cluding oil surfacing, curb and gutter or combination curb, gutter and side— walk, 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 con— formable to the ordinances of the City of Fort Collins are hereby ordered constructed, or repaired or reconstructed upon all property in said Consoli— dated Improvement District No 51, 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 —3— 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 combination curb, gutter and sidewalk, and sewer and water main connections pursuant to the supplementary proceedings to be taken under said Ordinance No 69 1930, and Section 26 of Ordinance No 79 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 17th 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 frontffoot, and as shown by the estimate of the City Engineer, and to the further effect that on the 21st day of August, A D 1953P 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 21st day of August, A D 1953, at one-thirty o1clock P M . and that no complaints in writing concerning the proposed improvements have been filed with the City Clerk. J4— 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. 51, as provided for in the map, plans and specifications heretofore adopted by the City Councils and approved in this Ordinance, be and they are hereby ordered to be con- structed Section 5 For the purpose of paying the cost of said improve- ments, including oil surfacing, curb and gutter, combination curb, gutter and sider*alk and sewer and crater main connections, bonds of the City of Fort Collins in the aggregate principal amount of $47,000 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, 1953, and in such form as may be approved by the City Council after sub- mission by the Commissioner of Finance, said bonds shall bear the name of Consolidated Improvement District No 51, of the City of Fort Collins, and shall bear interest at the rate of 6% per annum, payable semi-annually, said interest to be evidenced by coupons attached to the principal bond and attested by the facsimile signature of the City Clerk, which said bonds shall be in denominations of $1,000 00 each, each of said bonds shall be subscribed by -5- 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 im rk 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 notinthstanding, 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 sur— facing, 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 Improve— ment District No 51, and the funds so collected shall onlv 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 47 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 taxess and no sale of such property to enforce any general State, County, City, Town -E.. 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 AM CA STATE OF COLORADO CITY OF FORT COLLINS CONSOLIDATED INPROV01ENT DISTRICT NO 51 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 lairful money of the United States of America, at the office of the City Treasurer of said City, on the lst 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 %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 1st 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 51 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 prop§rty, situate in said Consolidated Improvement District No 51, 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, —7— r c 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 51, 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 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 Es—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 Em-Officio Mayor (SEAL ) 1 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 ( 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 monthst interest on its local improvement bond, dated November 1, 19539 issued for the construction of local improvements in Consolidated Improvement District No 51, attached to Bond No (Facsimile Signature) City Clerk -8.. 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 $1000 00 each, numbered from 1 to 4.7, 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 51, 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 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 Engineerls 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 -9- 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 79 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 51 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 51 by an ordinance to be adopted as provided by Ordinance Info 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 Citv 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 21st day of August, A D 1953 Commissioner of S ety d Ex-Of£icio Mayor Attest A� c � �t City Clerk STATE OF COLORADO) ) ss COUNTY OF I&Rn0R) I, 14ILES 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 21st day of August, A D 19539 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 I9 of the City Charter, and thereafter and on, to-ult the 25th day of August, A D 1953, said Ordinance No 15 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 25th day of August, A D 1953 City Clerk