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HomeMy WebLinkAbout012 - 06/01/1961 - RELATING TO THE CREATION AND ORGANIZATION OF CONSOLIDATED IMROVEMENT DISTRICT NO. 56 ORDINANCE NO. 12 ,1961 RELATING TO THE CREATION AND ORGANIZATION OF CONSOLIDATED IMPROVEMENT DISTRICT 'NO. . 56, PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREINL AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF CONSTRUCTION. THEREOF. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS; Section 1. That pursuant to 41 petitions, duly filed and presented to the Council of the City of Fort Collins on March 16,1961, which said petitions were referred to the City Engineer for investigation and report and were by said City Engineer reported back to the Council as being signed by the owners of more than one-third of the frontage in the proposed district; and the City Engineer made a further report that said 41 petitions should be consolidated and considered as one petition for all purposes. And the Council, by resolution duly adopted on March 16, 1961, ordered the consolidation of said 41 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. .56 comprising the 16ts and b1locks and lands abutting on the following streets, to-wit: Lake Street from 200 West Lake Street to Whitcomb Road Lake Street from 80OWest Lake Street to Shields Street Laurel Street from Stover Street to Cowan Street Prospect Street from College Avenue to•Arthur Ditch Shields Street from Laurel Street to Plum Street Stuart Street from College Avenue to Peterson 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 inches in thickness, and the curbing and guttering where necessary of the entire street area betwaen gutters, the mixture for the surfacing to be according to specifications of the City Engineer; which said petitions were made and filed under the provisions of said Ordinance No. 7, 1921, as amended; and that the plans and specifications, together with the .map prepared by the City Engineer, be and the same are hereby adopted as the maps, plans and specifications, for said aforesaid improvement district and said work of construction of said improvement district is hereby ordered to be done in accordance h6rewith, as provided by law, together with the estimated cost of the construction of said improvement, amounting to $70,091.74 for surfacing and $25,134.06 for curb and gutter, and $2,153.80 for double gutter, and $10,424.15 for water and sewer connections, or a grand total for surfacing, curb and gutter, water and sewer connections of $107,803.75; that the total frontage of riche proposed district is 14,463 linear feet; that the total amount of yardage of oil surfacing material is 39,925 square .yards; that the present amount of 0.5 foot curb and gutter required.is 12,156 feet and 890 feet of double u41 gutter and that/water connections will be required and that 54 sewer connections will be required; that the cost per front foot for oil surfacing of said streets is: for 700 Block East Laurel Street is $4.65 per front foot, for 200 Block/500 Block West Lake Street is $4.15 per front foot, for 800 Block/1000 Block West Lake Street is $4.15 per front foot, for 100 Block/300 Block West Prospect Street is $5.00 per front foot, for 700 Block South Shields Street is $5.70 per front foot, for 100 Block 300 Block Stuart Street is $4.80 per front foot; that the cost per front foot for 0.5• foot curb and gutter is $2.06, the cost per front,.foot for double gutter is $2.42, and 'the cost for each water service is $102.855 and for each sewer service is $114.95; and that the above figures include allocation against the entire cost for one-half of the street intersections; that as an example the .following is a statement of estimated costs: for a 50 foot lotifronting on: for 700 Block at East Laurel Street for oil surfacing $232.50, or $305.50 for oil surfacing and curb and gutter; for 200 Block/500 Block West Lake Street for oil surfacing $207.50, or $310.50 for oil surfacing and curb and gutter; 800 B1ock/1000 Block West Lake Street -2- for oil surfacing $207.50, or $310.50 for oil surfacing and curb and gutter; for 100 Block/300 Block West Prospect Street for oil surfacing $250.00, or $353.00 for oil surfacing and curb and gutter; for 700 Block South Shields Street for oil surfacing $285.00, or $388.00 for oil surfacing and curb and gutter; for 100 B1ock/300 Block Stuart Street for oil surfacing $240.09, or $343.00 for oil surfacing and curb and gutter; to which then shall be added the cost for water and sewer services where required to be .made. All costs including oil surfacing, curb and gutter, 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 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 and that extra thickness and width on Shields Street and Prospect Street. 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. 56, and sewer and water main, connections where not now made are hereby ordered .to be made, and the 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 265 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 serviceof 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 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 -3- 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, 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 Council, duly adopted on the 30th day of March, A. D. 1961, 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 front foot, and as shown by the estimate of the City Engineer, and to the further effect that on the 4th day of May, A. D. 1961, at one-thirty O'clock P.M., in the Council Chambers in the City Hall of the City of Fort Collins, the 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 Council did sit to hearlthe complaints of said meeting held on the 4th day of May A. D., 1961, at one-thirty o'clock P.M.. That objections have been filed by James Anderson of 201 West Lake St, Norman K. Potts for. Mrs. Mama Thompson of 340 Stuart St, R. D. Dirmieyer of 752 Eastdale Drive. and Mrs. Nora F. Voend rig of 331 Stuart St. and after consideration the objections were denied. -4- Section 4. The 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 and ordinance ordering said improvements, haze been observed and complied with in all respects; and it is hereby ordered that the improvements of Consolidated Improvement District No. 56 as provided for in the map, plans and specifications heretofore adopted by the Council, and approved in the Ordinance, be and they are hereby ordered to be constructed. Section 5. For the purpose of paying the costs 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 $108,000.00 are hereby authorized to be. issued by the Director of Finance of the City of Fort Collins, which said bonds shall bear date of November 1, 1961, and in such form as may be approved by the Council after submission by the Director of Finance; said bonds shall bear the name of Consolidated Improvement District No. 56, of the City of Fort Collins, and shall bear interest at the rate of 6% per annum, payable semi-annualf.). said interest to be evidenced by coupons attached to the principal bond and attested by the facsimile signature of the City Clerk, which said bonds shall be in denominations of $1,000.00 each; each of said bonds shall be subscribed by the Mayor, countersigned by the Director of Finance. and attested by the City Clerk with the corporate seal of the City, and registered with the Director of Finance and shall be delivered from time to time as required for the payment of the work herein provided, or the Council, in its discretion, .may sell said bonds to pay such costs in cash, as provided in Ordinance No. 7, 1921, as amended, said bonds shall be sold to the highest and best bidders for cash, but in no event for less than par, and in all cases to the best advantage of the City. Said bonds shall be redeemable out of the moneys collected on account of the assessments made for said improvements, including oil surfacing, curb and gutter, and sewer and water main connections; all moneys collected from said assessments or from the sale of bonds for said ' improvements shall be creditied to Consolidated Improvement District No. 56, 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. -5- Said bonds shall be numbered from 1 to 108 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 Council of the City of Fort Collins, and the Director of Finance 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 parat44 th 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 forms: UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLINS CONSOLIDATED IKPROVEMENT DISTRICT NO. 56 BOND No. $1,000 The City of Fort Collins, inr..che 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 lawful money of the United States of America, at the office of the Director of Finance of said City, on the lst day of November, 1971, subject to call and payment, however, at any time prior thereto, as provided in the City Charter, and €ordinance No. 7; 1921, relating to local public improvements, as amended, with interest thereon from date until payment, payable semi-annualy, on the lst day of May and lst day of November at the office of the Director of Finance 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, 56, in said City, for street oiling, curb and gutter, and sewer and water main connections, by virtue of and in full conformity with said Charter, and said Ordinance No. 71 1921, as amended. -6- 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. 56, 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 eastate and to be assessed.-' by an ordinance of said. City, and the lien created by said assessing ordinance, together with all interests 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 Tax, andonocrsale of such property to enforce any general State, County, City or School tax, or other lien shall extinguish. the perpetual lien 'of such assessments herein provided to be .made. It is hereby certified and recited that the total issue of bonds of said City for said District, including this bond, does not exceed the estimate of the City Engineer, or the contract price for said improvements, or the amount authorized by law; and it is further hereby certified and recited that every requirement of law relating to the creation of said Consolidated Improvement District No. 56,, 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 r xi.'required to esj;, and all things required to be done precedent to and in tki issuance of this bond to render the same lawful and valid, have happened and been properly done and performed, and did existu 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 Mayor, countersigned by its Director of Finance, and attested by its City Clerk, under the seal of said City, and the interest coupons hereto attached to be attested by the £acsimile .signature of the City Clerk as of the lst day of November, 1961. Mayor (SEAL) ATTEST: COUNTERSIGNED: Director of Finance City Clerk ( 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 N01100 DOLLARS) in lawful money of the United States .of America, at the office of the Director o£. Finance of Fort, Collins, Colorado, being six months' interest on its local improvement. in bond, dated November 1 196i issued for the construction of local improvements in Consolidated Improvement:*District No. 56, attached to Bond No. (Fagsimile Signature) City Clerk -7- Section 7. The Director of Finance is hereby authorized and directed to have printed the sufficient number of bonds of the denomination of $1,000.00 each, numbered from 1 to 108 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 Director of Finance to be issued and delivered from time to time as hereinbefore provided. Section 8. Whenever considered prudent by the Director of Finance, he is herby authorized and empowered; whenever funds may be in his hands, to the credit of Consolidated Improvement District No. 56, 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 e called and paid in their numerical order. Section 9. Upon the taking effect .of this ordinance the Mayor is hereby authorized and empowered to advertise for bids for the construction of said improvements 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 Council for approval or rejections, 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 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 Mayor, and the work of construction when not awarded under said contract shall be under the general control of the City Manager alone, and in 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 -8- 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 City of Fort Collins, may be suspended for substantial cause, and upon complaint of a .y owner or real estate to be assessed for the improvement that the improve ents are not being constructed in accordance with the contract, then the Coun it may consider the complaint and make such order as may be just, and its d cisions shall be final. When said contract is awarded, it shall also contain a provision as the manner oDf payment -- whether the same shall be made in bonds of said district to be accepted by the contractor at par, or wheth r payment shall be made to the contractor in money, all at the option of t e Council. The Council shall have the right to reject any and all bids w 'ch may be made by any person or persons for the construction of said improv ments, and when, in the judgment of the Council, it shall be deemed to the bes interests of the said City of Fort Collins, the said Council is hereby authorized and . .,. empowered to provide for doing such work by hiring parties by the day a d to arrange for purchasing the necessary materials to do such work under the direction, supervision and control of the City Manager, and the City En ineer acting for said City. Section 10. When the public improvements, including oil surf cing, ,. curb and gutter, and)6ewer and water"main connections in Consolidated Im rovemeilt District No. 56, shall have been completed and the same approved, by th City Engineer and recommended for acceptance by said officer, and duly accep ed by the Council of the City of Fort Collins, the cost of oil surfacing ther of shall be assessed upon all the real estate in said district, as the frontage of each piece of real estate in said district, and the cost of curb and gutter 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 and sewer and water main -9- connections, when made and reported by the City Engineer and approved by the Council, shall be assessed against the property in said Consolidated Improvement District No. 56, 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. Introduced, considered favorably on first reading, and ordered published this ILth day of May, A. D., 1961, and to be presented for final passage on the Ast: day of JuneiA. D., 1961. Mayor ATTEST: C y Clerk Passed and adopted on final reading this ist:day,of.'June,, A, D. 1961. r Mayor ATTEST: 21�G� /, < ' ity Clerk