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HomeMy WebLinkAbout032 - 11/22/1961 - PROVIDING FOR THE CONSTRUCTION AND OTHER ACQUISITION OF LOCAL IMPROVEMENTS, THE ISSUANCE OF LOCAL BO ORDINANCE NO.,` 32 196;1,. BEING AN ORDINANCE TO PROVIDE ,FOR THB CONSTRUCTION AND OTHER ACQUISITION OF LOCAL.IMPROVEMENTS,: THE ISSUANCE OF LOCAL BONDS THEREFOR, THE ASSESSMENT. AND PAYMENT OF THE COST OF SAID IMPROVEMENTS; PRESCRIBING OTHER DETAILS IN CONNECTION WITH SUCH40ROVEMENTS;, BONDS, AND ASSESS-` MENTS INCLUDING BUT NOT LIMITED TO THE LEVY AND COLLECTION OF SUCH SPECIAL ASSESSMENTS; .AND REPEALING SECTION 15-1 TO 15-46 INCLUSIVE OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS. WHEREAS, the City of Fort Collins, in the County of Larimer, and State of Colorado, is a municipal corporation duly organized and existing under Article XX of the Constitution of the State of Colorado; and WHEREAS, said article grants and confirms to the people of all municipalities coming within its provisions the full right of self-government in both local and municipal matters and all powers necessary, requisite or proper for the government and administration of its local and municipal matters, including, without limiting the generality of the foregoing, the power to construct, condemn and purchase, acquire, lease, add to, maintain, conduct and operate public utilities and works and ways local in use and extent, and the power to legislate upon, provide, regulate, conduct and con- trol the assessment of property in such city or town for municipal taxation and the levy and collection of taxes thereon for municipal purposes and special assessments for local improvements, such assessment, levy and collection of taxes and special assessment to be made by municipal officials or by-the county or state officials as may be provided by the charter; and WHEREAS, the people of said City of Fort Collins, under the authority of said constitution did ordain and establish a charter for the municipal government of said City; and WHEREAS, said charter was adopted by a vote of the qualified electors of said City at a special election held therein on the 5th day of October, 1954, and WHEREAS, Article XII of said City•Charter provides: Section 1. A Department of Public Works is hereby created, the head of which shall be ex-officio City Engineer. Section 2. The department shall provide all engineering, architectural, maintenance, construction, and work equipment services required by the City except those performed by 5 r private persons, firms, br' corporations under contract',' or those assigned to other departments by this Charter. Section 3. A public work or improvement, the costs of which in whole or in part are to be assessed by the City, may be initiated by the Council on recommendation of the director of public works, or on petition of property owners in such number. and in such form-as may be prescribed by ordinance. The Council shall by ordinance prescribe the method of making such improvements and the assessments for their cost. WHEREAS, due to such Charter provisions and for other good and suffi- cient reasons, the City Council of the City of Fort Collins has determined, and does hereby determine, that it is necessary and for the best interests of the City of Fort Collins and the inhabitants thereof that such an ordinance author- ized by the City Charter and for the purposes herein set forth, be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. The City shall have power. to contract for or make local improvements as hereinafter mentioned, which improvements shall confer special benefits on the real property within districts and general benefits to the City at large, and to assess the cost thereof wholly or in part upon the property especially benefited. In consideration of general benefits conferred thereby on the City at large, the Council may levy taxes and disburse monies for the purpose of paying. for such benefits and for the purpose of paying bonds and interest thereon issued for special or local improvement districts created here- under as by charter made and provided. All public improvements shall be con- structed in accordance with the Charter and ordinances of the City of Fort Collins and the specifications prescribed by the Council and shall be authorized by ordinance.- SECTION 2. A. Street as used. in this ordinance shall be construed to mean any street, alley, avenue, boulevard or public thoroughfare. B. Property shall be held to mean all land, whether platted or unplatted, regardless of improvements thereon, and regardless of lot or land lines. It shall also include in its meaning the franchise of any railroad whose -2- tracks lie either lengthwise or corn wise within any street improved under this chapter. Lots may be designated- in accordance with any recorded map or plat thereof, unplatted lands by any definite description thereof, and franchises by the name of the corporation owning the same. C. Owner as used in this ordinance in reference. to petitions shall be construed to mean persons in whom the record fee title is vested, although subject to lien or encumbrance. The holder of a bona fide contract of purchase which has been recorded will be considered the owner for the purposes hereof. One joint tenant may represent his co-tenants, but may not represent a joint tenant who has actually exercised a right or privilege under this ordinance. D. District when used in this ordinance means the geographical division or divisions of the City within which any local improvement may be made, or when so declared by the Council, may include the entire area of the City. One or more non-contiguous parts or sections of the City may be included in one district. SECTION 3. All local improvements shall be constructed under the general direction and control of the City Manager and in the immediate charge, direction and supervision of the City Engineer, or other officer designated for such purpose, all in accordance with maps, plans and specifications adopted by the City Council. . All said work of construction shall be by independent contract except as hereinafter provided. SECTION 4. The improvements which may be authorized by the City Council may consist of grading, paving, curbing, parking, or otherwise improving the whole or part or parts of any street or streets, or any one or more of said improvements, and in case of grading or surfacing of streets, the same may include curbing and cross-walks where necessary, or otherwise improving the same area; said improvements may also consist of the construction of sanitary and storm sewers and drains and water mains, construction and installation of t artificial street lighting, improvement of ditches, laterals and drains, and such other public works as.may be considered necessary and be properly authorized by the City Council. SECTION 5. A. No improvement except as hereinafter provided shall be ordered by the City Council unless a petition for the same is first presented, subscribed -3- by the owners of one-third of the frontage to be assessed. for such improvements in the case of improvements, consisting of grading, paving, curbing, parking or otherwise improving streets or alleys and constructing artificial street lighting, and subscribed by not less than one per cent of the owners of property to be assessed in the case of improvements consisting of construction of sanitary and storm sewers, drains and water mains and improvement of ditches, laterals and drains, and other public ;works. B. It shall be proper for the petition to specify the particular type of material to be.used on such improvement; provided, however, that the petition shall not.restrict such material to any particular name, brand or source and further provided that such type material shall meet the standards set from time to time by,the City Engineer. In case the petition specifies the type of materials, no-other type shall be ordered; and if nolparticular type of material is specified, the City Council shall have discretion to order the work to be done and to specify the type of materials to be used. C. Every subscribei.to such petitions shall.include.his residence address,, including street and number, if any, and the date of signing same. Subscriptions may be made by agents or attorneys, but in such event.shall be . accompanied by written power of attorney duly acknowledged .giving authority to sign such petition. To each petition shall be attached an affidavit. of some adult person that each subscription thereon is the signature of the person, firm or corporation whose name ,it purports to be and that to. the best knowledge and belief of the affiant thereof, the person, firm or corporation signing such petition was at the time of signing it, the owner of property to be assessed or the agent or attorney of such owner. Any signer of a petition may withdraw his name therefrom at any time before the first publication of the ordinance ordering such construction or improvement. Any request for withdrawal must be subscribed and acknowledged by .the person making same, or his attorney or agent as aforesaid. No petition with the requisite signatures shall be declared void on account of alleged defects.-- -The Council, at any time, may permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory or ,in any other particular. One or= more petitions or duplicate copies of the same petition for the same improvement may be filed and together shall be regarded as one petition. All such petitions filed prior to the hearing -4- 6 of protests on ordering such improvements shall be considered by the Council the same as though filed with the first petition placed on file. D. Where the improvement petitioned for in one or more petitions is substantially the same, the improvement may be included within one district, however, in such case, each such petition shall be considered as a unit for the purpose of petition, and remonstrance, and assessment. (Such unit is herein- after sometimes designated as a petition unit.) E. If the Council determines that exceptional circumstances t warrant doing so, they may order a part of the improvement petitioned for and not the remaining portion. It shall further be proper, if the Council finds that circumstances warrant such action, to except particular properties in the district from assessment or to lower the amount of the assessment against any particular property and to charge the City at large with the amount so excepted or reduced from assessment. F. No petition shall be required for the ordering of paving or other improvements to streets in cases where such paving or other improvement will connect two portions of the same street which have already been, so improved and where the distance between the improved sections of such street does not exceed one block. SECTION 6. Upon receiving and approving a petition for the creation of an improvement district, the City -Council shall, by resolution, order the City Engineer to make the. necessary surveys, maps, plans and specifications. SECTION 7. A. Before contracting for or ordering any improvements mentioned in this ordinance to be constructed, the City Council shall adopt full details and specifications for the same, permitting and encouraging competition, determine the number of installments and the time in which the cost shall be payable, the rate of interest' to be charged on unpaid installments, and the property to be assessed for the same, and shall cause the City Engineer to make an estimate for the total cost of such improvements, exclusive of the cost of collection, legal and advertising, engineering, financing, interest and other incidentals, together with a map of the district in which the improvement is to be made, and a schedule,/showing the approximate amounts to be assessed per front foot or on such other basis as may be used upon the several properties within -5- the district based upon such estimate' of cost as above_mentioned. No contracts -shall be let for any amounts exceeding the estimate so made, except that the cost of collection, legal and advertising, engineering, financing, interest and other incidentals may be added thereto. B. The City Council shall, by publication, once each week, for two successive weeks, in an official newspaper published in the City of Fort Collins, and by mailing notice, postage prepaid, as first class mail to the last known address of each last known owner within the proposed land district whose property will be assessed for the cost of the improvement,. such addresses and owners being those appearing on the real property assessment rolls• for general taxes of the County wherein said property is located, give notice to the owners of property to be assessed and to all interested persons generally, but without naming such owners or persons, setting forth the following: '(1) . The kind of improvement proposed, without mentioning minor details or incidentals; (2) The number of installments and the time in which the cost of such improvements will be payable; (3) The rate-of interest -to be paid__on unpaid and deferred installments; (4) The extent of the district to be improved; (5) The probable cost as shown by- the total estimate of the City Engineer, the maximum cost per front foot where assessment will be for front foot or per square foot where assessment will be made according to area, and in case the assessment shall be made otherwise than per front. foot or by area, the maximum amount to be assessed to any lot or lands or person according to the method of assessment to be used; (6) The time, not more than sixty (60) days nor less than thirty (30) days after- the first publication and mailing, when the City Council will consider the ordering by ordinance of the proposed improvement, and hear all complaints and objections that may be made and filed in writing as hereinafter provided. (7) That a map of the district, estimate of cost, schedule showing approximate amount, per front foot or per square foot or otherwise, to be assessed upon the several lots or parcels of land within the district, and all proceedings of the City Council in the. premises are on file and can be seen and examined in the City Clerks office during business hours at any time within said period before the hearing. SECTION 8. If, before the time set for considering the ordering of the improvements and hearing of objections, remonstrances against the making of all or part of the improvementsiiproposed shall be filed with the City Clerk, sub- scribed by the owners of not less than fifty-one (51) per cent of frontage to be assessed within the petition unit for improvements consisting of improving streets by paving or otherwise, or construction of artificial lighting; or sub- scribed by the owner of fifty-one (51) per cent of the area within the district in cases of improvements consisting of construction of water mains or improving ditches, laterals or drains, or removing the same, the improvements shall not be made, provided that the construction of sanitary, district and storm sewers and• drains shall not be subject to remonstrance. No owner, his heirs or assigns, who shall have signed and not withdrawn from a petition for improvements shall be permitted to sign a remonstrance. Remonstrances may be signed .by agents or attorneys, but in- such- event shall be accompanied by written power of attorney duly acknowledged, giving authority to sign the same. Each subscribef to a remonstrance shall include his residence address, and the date of signing same and an affidavit shall- be attached of some adult person .that each subscription thereon. is thelsignature-of the person, firm, or corporation whose name it purports to be and that to the best knowledge and belief of the affiant thereof, the- person signing was at the time the owner of property to be assessed, or the agent or attorney of the same. SECTION 9. In all specifications for materials to be used in public improvements, the City Engineer shall establish a standard of purity, strength and quality, to be demonstrated by physical and chemical tests within the limits of reasonable variations, and in every instance, the material-shall be described in the specifications, either by standard or quality, astii.11 admit of genuine competition between_contractors,- so that- there can .be .at .lea.st. .two-or- mor-e- bids by individuals or companies not in any manner connected with each other, and no material shall be specified which shall not allow such competition. -7- SECTION 10. All contracts for local improvements shall be let by the Mayor, upon the determination of the City Council, after the passage of the original ordinance authorizing the improvements'on contract. All contracts shall be let to the lowest reliable and responsible bidder as determined in the sole discretion of the City Council, and shall be let after public advertisement for bids twice published in an official newspaper published in the City of Fort Collins. The advertisement for bids shall be published at least a week apart and the date for opening of bids shall be not less than ten (10) days .after the first publication. In all advertisements, the City Council shall reserve the right to reject all bids and upon rejecting all bids or receiving no bids, may again advertise without further ordinance or may order the work done by hiring labor by the day or otherwise, and arranging for purchasing necessary material, all under the supervision of the City Engineer. SECTION 11. Except when the City does the work as above provided, no public improvements shall b contract for p p e made without a surety bond conditioned upon the faithful performance of the contract and the-paying of all costs of labor and materials, which bond shall have sufficient surety or sureties to be approved by. the Director of Finance of the City of Fort Collins. Upon the default of the performance of any contract, the City Council may readvertise and let •a contract for the uncompleted work 'in like manner and without further ordinance, and charge the cost thereof to the original contractor upon his con- tract; and when a deficiency shall in such case occur, the City Council may advance the amount thereof out of any available fund of the City and recover the same by suit on the original contract and bond. SECTION 12. In all cases of public improvement; the specifications and contract may provide that the bidders shall guarantee that the work shall remain in good order and repair for a period of time to be fixed by the City Council and make all necessary repairs during such period without further com- pensation. The contract shall further provide that it is subject to the pro- visions of the Charter of the City, this ordinance, and of the ordinance author- izing the improvement. -8- SECTION 13. A. Streets. In case of the improvement of.any street as herein- provided, the cost of such improvement, except as otherwise provided in this chapter, shall be assessed upon all the lots and lands abutting on the streets improved in proportion as the frontage. of each lot or tract •of land is to the frontage of all lots and. lands so improved; for the purpose .of assessment the sides ,of corner lots shall be, treated as frontage when the street upon which such sides abut is improved. B. Ditches.- Laterals or Drains. In the. case of the improvement of any ditch, laterld or drain, or the removal of the .same; whether said ditch, lateral or drain be wholly within the streets and alleys of .the City or partly in such streets and alleys and partly upon private property, the City Council shall determine what portion of the entire cost, if any, of the improvement shall be borne by the, City at large and the remaining cost shall be assessed against the property specially benefite&according to the benefits accruing thereto as determined by the City Council. Such. determination shall be made•prior to the time of the notice called for in Section 7. C. . Sanitary Sewers , Storm Sewers. -Drains or Water Mains. In the case of improvements consisting of constructing sanitary sewers, storm sewers, drains or water mains, unless otherwise ordered by the City Council, the cost of such improvements shall be assessed upon all the real estate in the district, respectively, in proportion as the area of each piece of real estate in the district is to the area of all the real estate in the district, exclusive of streets in the district. D. Artificial Street Lighting In the case of improvements . consisting of construction of artificial street lighting, the cost thereof shall be assessed upon the property within the district in proportion to the frontage of the properties in the district; or by such other method as may be equitable and just as determined by the City Council. E. Other Improvements. In the case of other public improve- ments, assessments shall be made according to the method which the City Council determines most just and equitable. Such determination shall be made prior to the time of the notice called for in Section 7. -9- SECTION 14. In the case of the improvement of any street, except as otherwise provided herein; -the cost of the improvements in each street inter- section or alley intersection, except the share to be paid by street or other railway companies, and except not less than one-half (1/2) and not more than three-fourths (3/4) to be paid by the City at large, shall be assessed on all the frontage on the street improved, in proportion to the frontage of each piece of real estate on the street improved. . SECTION15. When any real state is V shaped, or of any irregular shape, the City Council may make such allowance on the assessment thereof as to it seems equitable or just, or may refuse to make any allowance in its sole discretion. SECTION 16. If any piece of real estate. in the district has the whole or any part of the proposed improvements conforming or approximately con- forming to the general plan of the City Council, the Council may accept the same in whole or in part, or make necessary changes so that the same shall conform to the 'geneial plan. . In such cases, the owner of such real estate shall, when the assessment is made, be credited with the amount saved by reason of accepting or adapting said existing improvement. SECTION 17. ' A. Upon the completion of any local improvement and acceptance thereof by the City Council, upon the recommendation of the City Engineer; the City Engineer shall prepare a statement, showing the whole cost of the improve- ment, including not to exceed seven (7) per cent for engineering, five (5) per cent for legal and publication, six (6) per cent for cost of interest during construction, and seven (7) per cent- additional for cost of collection and of making the assessment and certifying the same to the County Treasurer for collection, and other incidentals, and including interest to the next succeeding date upon which general taxes or the first installment thereof are by the laws of the State of Colorado made payable. B. The City Engineer shall also prepare an assessment roll which shall contain among other things: (1) The names of the last known owners of the property to be assessed, or if not known, a statement that such names are unknown; -10- (2) A description of each property to be assessed and in the case of street or other railway companies, a general description of the franchise and property to be assessed; and (3) .The amount of the assessment on each property. SECTION 18. Upon the filing of the statement provided for in the preceding. section hereof, the City Council shall order the City Clerk to notify the owners of property to be assessed and all persons interested generally, but without naming such owners, that such improvements have been completed and accepted by publication, once each week, for two successive weeks, in an official newspaper published in the City and by mailing notice, postage prepaid, as first class mail, to the last known address of each last known owner of property to be assessed, such addresses and owners being those appearing in the real property assessment rolls for general taxes of the County wherein such property is located; therein specifying: (1) •The whole cost of the improvements; (2) The portion, if any, to be paid by the City; (3) That the assessment roll showing the share apportioned to each lot or tract of land in•the district is on file in the City Clerk's office and can be seen and examined at any time during business hours; (4) That any complaints or objections which may be made in writing by such owner or owners to the Council, and filed in the office of'the City Clerk within thirty (36) days from the publi- cation of such notice, will be heard and determined by the Council before the passage of- any ordinance assessing the cost of such improvements; and (5) The date when and the place where such complaints or objections will be heard. Such date shall be not less than thirty (30)• days nor more than forty-five (45) days after the first publication and mailing. -11- SECTION 19. The City Council, sitting as a board of equalization, shall at the date set, or an adjournment thereof, hear and determine all such complaints and objections, and may confirm the apportionment or make any modi- fications which may seem equitable and just after consideration of all objections to the apportionment. If any change in the apportionment shall be made by the City Council, it shall be referred to the City Engineer, who shall cause to be prepared a new apportionment and an assessing ordinance in accordance therewith, and transmit the same m the City Council. The assessing ordinance shall assess the cost of the improvement against the property to be assessed in the district in the proportion finally determined and the passage of such ordinance shall be prima facie evidence .of the fact that the property assessed is benefited in the amount of the"assessment, and that such assessments have been lawfully levied. SECTION 20. No property in the district shall be assessed for any one improvement in an amount exceeding one-half of such property's valuation for assessment for general taxes for the year preceding the assessing ordinance. In the event a street is improved as an arterial or feeder street, rather than as a residential street, the City Engineer shall compute the extra expense caused.by such street bein g improved as arterial or feeder rather than as residential and such portion of the cost shall be paid by the City at large out of general revenues and shall not be assessed against particular properties in.=the district. The City at large, out of general revenues, shall likewise pay for the cost of improving any street to a greater width than sixty (60) feet. The determination made by the City Engineer and approved by the City Council as to the cost to be apportioned" by reason of improving a street as arterial.or feeder rather than as residential or improving to. a width of more than sixty (60) feet shall be conclusive and not subject to attack in the courts or otherwise. SECTION 21. All assessments made in pursuance of this ordinance together with all interest thereon and penalties for default in payment thereof shall be a lien in the several amounts assessed against each property from the date of the publication of the assessing ordinance, and shall be a first and prior lien over all other liens, except general taxes, -12= 5 in the same manner as general. tases now provided by law. No delays, errors, defects or irregularities in any act or proceeding authorized by this ordinance shall prejudice or invalidate any final assessment, but the same may be remedied by subsequent amending acts or proceedings; as the case may require, and when so remedied the same shall -take effect as of date of the original act or proceeding. If in any court of competent jurisdiction any final assessment made in pursuance of this ordinance is set aside for irregularity in the proceedings, then the Council may, upon recommendation and notice as required in the making of an original assessment, make a new assessment in accordance with the provisions of this ordinance, apportioning the cost and expense of the new assessment as may be determined just and equitable by the City Council. SECTION 22. Immediately upon the adoption of the assessing ordinance the Director of Finance. shall prepare an assessment roll' in book form, showing in suitable columns each piece of property assessed, the total amount of the assessment, the amount of each installment of principal and interest; if, in pursuance of this ordinance, the same is payable in installments, and the date when such installments become due, with suitable columns for use in case of the payment of the whole amount, or of any installment or penalty, and certify the same for collection. SECTION 23. All assessments made in pursuance with this ordinance shall be due and payable within thirty (30) days after the final publication of the-assessing ordinance without.demand, provided that all such assessments may at the election •of the owners be paid in installments, with interest as herein- after provided. Failure to pay the whole assessment within said period of thirty (30) days shall-be conclusively considered and held an election on the part of the persons interested, whether under disability or otherwise, to pay in such installments. All persons so electing to pay in installments shall be conclusively held and considered as a waiver of any and all rights to question the power or jurisdiction of the City to construct the improvements, the quality of the work, the irregularity or sufficiency of the proceedings, or the validity or correctness of the assessment. SECTION 24. In case of such election to pay in installments, the assessments shall be payable in installments of not less than two nor more than -13- 1 • ' twenty equal installments of principal, the first of which installment shall be payable in not less than thirty (30) days nor more than five (5) years, and the last in not more than twenty_ (20) years, with interest in all cases on the unpaid principal, payable semi-annually at a rate not exceeding six (6) per cent per annum. The number of installments, the period of payment, and the rate of interest shall be determined by the Council, and set forth in the assessing ordinance. SECTION 25. Payments may be made to the Director of Finance at any time within- thirty (30) days after the final publication of the assessing ordi- fiance and an allowance of five (5) per cent for cost of collection and other incidentals will be made on such payments along with an allowance of interest from Ehe'date of payment to the time when the-first installment is due. Upon the expiration of said thirty (30) day period, the Director of Finance shall deliver the local assessment roll, showing all payments made ' thereon, with the date of each payment, and after adding two (2) per cent on the amount 'due against each property to cover the cost of collection, certified by him under the seal of the City, attested by the City Clerk, to the County Treasurer of Larimer' County, with his warrant for collection of the same. The County Treasurer -shall-receipt for the same and shall. pay over to`the Director of Finance the amount` collected on such assessment roll less his fee for collection on the first day of each and every month in the same manner as general taxes are paid by the County Treasurer to the City. ' SECTION 26. The County Treasurer shall receive payment of all assess- ments against any real estate appearing upon said last mentioned assessment roll, with interest, and in case of default in' the payment of any installment of principal or interest, for the period of one year after the same becomes due and payable, he shall advertise and sell any and all real estate concerning which default is suffered, and said sales and advertisements shall be made at r the same time or times in the 'same manner and under all the same conditions and penalties and with the same-effects as are now prescribed by the general laws of the State of Colorado for the sale of real estate in' default of the payment of general taxes. At any sale by the County Treasurer of any real estate in the City of Fort Collins for the purpose of paying any special assessment for local -14- improvements, the Director of Finance, being duly authorized by the City Council, may purchase any such real estate without paying for the same in cash, and shall receive certificates of purchase in the name of the City, such certificates shall be received and credited at their face value and all interest and penalties accrued, to the Director of Finance on account of the assessment in pursuance of which sale was made. Said certificates may thereafter be sold by : the Director of Finance at their face value, with all interest and penalties accrued, and by him assigned in the name of the City, and the proceeds credited to the funds created by ordinance for the payment of such assessments respectively. Such assignment shall be made without recourse upon the City, and the sale and assign- _.ment shall operate as a lien in favor of the City and of the holders of such certificates, as is provided by law in the case of sales of real estate for default in the payment of general taxes in the State of Colorado. SECTION 27. The owner of any divided or undivided interest may pay his share of any assessment, which payment shall extinguish the lien as to his . share. SECTION 28. For the purpose of paying all or such :.portion of the cost of any improvement constructed under the provisions of this ordinance as may be assessed against the property specially benefited and not paid by the City, special assessment bonds of the City may be issued of such date and in such form as may be prescribed by the City Council, bearing the name of the street, alley or district improved and payable to the bearer in a sufficient period of years after- date to cover the period of payment provided herein, but subject to call as hereinafter provided, and in convenient denominations of not more than One Thousand Dollars ($1,000.00) each. All such bonds shall be issued upon estimates of the City Engineer approved by the City Council and the Director of Finance shall preserve a record of the same in a suitable book kept for that purpose. All such bonds shall be subscribed by the Mayor, countersigned by the Director of Finance, with the corporate seal thereto affixed, attested by the City Clerk. Said bonds shall be payable out of the monies collected on account of the assess- meats made for said improvements, and all monies collected from such assessments for any improvement shall be applied to the payment of the bonds issued until pay- ment in full is made of all the said bonds, both principal and interest. Said bonds may be used in payment of the cost of the improvement as herein specified, E15) or the City Council, in its discretion, may sell said bonds to pay such cost in cash. Said bonds shall be negotiable in form, shall bear interest as may be fixed by the City Council not exceeding•six (6) per cent per annum, payable semi- annually, evidenced by coupons bearing the facsimile signature of the City Clerk. SECTION 29. Whenever there are available funds in the City .Treasury therefor, it shall be the duty of the Director of Finance to call in and pay a suitable number of any bonds outstanding, by giving notice for five (5) days in an official newspaper published in the City. At the expiration of thirty (30) days from the first publication of such notice, interest on the bonds so called shall cease. The notice shall specify by number the bonds called and all such bonds shall be paid- in-numerical order. The holder of any such bonds may at any time .furnish, .,•his postoffice address to the City Clerk, and in such event, a copy of the publication shall be mailed by the City Clerk to the bondholder at such address, within ten (10) days after the date of publication. SECTION 30. The City Council in the ordinance authorizing the issue of public improvement bonds, may provide therein a guaranty on the part of the City for the payment. of all of the bonds issued in pursuance of said ordinance. SECTION 31. Before constructing any permanent paving under the pro- . visions of this ordinance, the City Council may order the owners• of abutting pro- perty to connect their several premises with sewer, gas--or water mains, or with any other commodity in the street in front of the several premises, and upon the default of the owners for thirty (30) days after such order to make such connections, the City Council may contract for and make such connections, at such distance, under such regulations and in accordance with such specifications as may be prescribed by the City Council, and the whole cost of such connections shall be assessed against the premises with which the connection is made. . Any number of such connections may be ordered in pursuance of the regulations adopted prior thereto governing the same as recommended by. the City Engineer. The cost shall be assessed and collected in the same manner as provided in this ordinance for assessment and collection of the cost of other special improvements. SECTION 32. Whenever any grading or paving district shall be created under this ordinance, the City Council may include in the area to be paved or graded the entire width of the street from curb to curb, including the portion -16- r of said street or streets occupied by or required by franchise obligation to be paved by or chargeable or assessable to any railway company, whose railway runs through or across any street or streets in said district, and shall charge to, assess and collect from such railway company or companies in the same manner as herein provided, but in case of abutting property, it shall issue bonds for the same, which bonds shall be issued and made payable in like manner as bonds issued for the improvement to be assessed against the real estate specially benefitted, and in the meaning of this section, in the absence of franchise obligation to grade and pave, a railway company shall be held to occupy and shall be liable for the grading and paving of that part of the street lying between the rails for such track and two (2) feet outside of each rail, and every railway company, whether street railway or otherwise, shall be assessed for the cost of grading or paving of any part or parts of any street or alley occupied by it or required by franchise obligation to be paved by it, and the assessment levied for the cost of said improvement chargeable to a railway company shall be a first and prior lien against the entire franchise and property of the company within said district, and also without said district, but within the limits of the City of Fort Collins where such improvement is made, subject only to general taxes, and all the terms and conditions and provisions of this ordinance relative to the collection of the amount chargeable against frontage shall be applicable to the enforce= ment and collection of such assessment against such railway companies, and the property of such railway companies shall, in case of default in payment of such assessment, be sold as in cases of default in payment of general taxes levied thereon, which railway trackage shall not be considered as assessable frontage in determining the sufficiency of petitions as provided in this ordinance. SECTION 33. The City of Fort Collins is hereby authorized and empowered to accept from any Federal Agency or other public or private source, grants for or in aid of the construction of any local public improvements, and any such aid may be used to carry on the work of constructing said public improvements or defraying the costs thereof, so that the cost to be assessed against the property specially benefited, or the amount to be paid for by the City at large, if any, may be reduced thereby. -17- SECTION.34. All proceedings by the City Council may be modified, confirmed or rescinded by the Council at any time prior to the passage of the ordinance authorizing the improvements, provided that no- substantial change in the district, map. -details, specifications or estimate shall be made by the Council after the first publication of the notice to property owners. SECTION 35. All actions; legal or equitable, for relief egainst any proceeding provided for under this ordinance, whether based upon irregularities, jurisdictional defects, or other grounds, shall be commenced within thirty (30) days after the wrongful act complained of, or else be thereafter perpetually barred. SECTION- 36. If for any reason any section, subsection, sentence, clause, phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction,, such portions shall be deemed separate, distinct and independent provisions and such holding shall not affect the validity of the remaining portions hereof. SECTION 37. All ordinances or parts of ordinances in conflict with the provisions of this ordinance. are.hereby repealed, including Sections 15-1 to 15-46, inclusive, of the Code of Ordinances of the City of Fort Collins, except that the provisions of said ordinances shall remain in effect and -shall- apply as to any improvement districts heretofore createdthereunder -'and on which there are contracts or bonds still in effect. If any ordinance of the City of Fort Collins makes reference to any ordinance herein repealed it shall after the date of the passage of this ordinance be deemed to refer to the appropriate section of this ordinance. SECTION 38. The provisions of this ordinance shall not be con- strued as the exclusive means of providing for public improvements, but such improvements may be constructed through any other means now or hereafter authorized by appropriate council action. -18- Introduced,-considered favorably'on first reading and ordered published this 2nd day of November, A. D. 19611 to be presented for final passage on the 22nd day of November, A. D. 1961. Mayor ATTEST: City Cl k Passed and adopted on final reading this 22nd day. of November, A. D. 1961. Mayor . ATTEST: City C rk -19-