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HomeMy WebLinkAbout008 - 08/03/1950 - RELATING TO THE CREATION OF CONSOLIDATED IMPROVEMENT DISTRICT NO. 48 (EMERGENCY ORDINANCE) ORDINANCE No. 8, 1950 BEING AN EMERGENCY ORDINANCE RELATINC TO THE CREATION OF CONSOLIDATED IMPROVETIErTT DISTRICT NO 48, PROVIDING FOR THE CONSTRUCTION OF IBTROVEnENTS THEREIN, AND AUTuORIZING TFE ISSUANCE 07 BONDS TO PAY THE COST OF CONSTRUCTION THEREOF BE IT ORDPIA'ED BY THE CITY COUNCIL 07 THE CITY OF FORT COLLINS Section 1. That pursuant to 153 petitions, duly filed and presented to +he City Council on June 22, 1950, 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 *Wade a further report that said 153 petitions should be consolidated and considered as one petition for all purposes. And the City Council, by resolution euly adopted on June 22, 1950, ordered the m nsolidation of said 153 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 ordlioances, to be known as Consolidated Improvement District No 48, comprising the lots and blocks and lands abutting on the follevring streets, to-wit Remington Street from Prospect Street to Parker Street Smith Street from Riverside AITenue to Myrtle Street North Grant Avenue from Cherry Street to Elm Street Stoner Street from Mulberry Street to Elizabeth Street East Laurel Street from Smith Street to Stover Street Scott Avenue from Oak Street to iagnolia Street North Whitcomb Street from LaPorte !avenue to Cherry Street South Meldriun Street from Moartain Avenue to oak Street "rest Magnolia Street from Shields Street to Scott Avenue South Bryan Avenue from Yountain Avenue to Oak Street North Loomis Avenue from Maple Street to S;7Tcamore Street Smith Street from Locust Street to Elizabeth Street East Magnolia Street from Smith Street to Stover Street Alleys in Block 131 North Tfeldrum Street from Mountain Avenue to LaPorte Avenue West Mulberry Street from Grant Avenue to Washington Avenue 'p'Pst Mulberry Street from Grant Avenue to first Alley East of Grant Avenue Smith Street from Plum Street to Locust Street West Olive Street from Sherwood Street to Thitconb Street South Sherwood Street from Magnolia Street to Mulberry Street South Sherwood Street from Mulberry Street to Myrtle Street East Oak Street from Wbedbee Street to Riverside Avenue Smith Street from Elizabeth Street to Garfield Street Locust Street from Peterson Street to Whedbee Street East Mabrolia Street from Stover Street to Riverside Avenue Section 2. That tre said petit?ons prayed for the improvement of the said district by grading and surfacing with a mixture of oil and gravel, approximately two and one—half inches in thickness, and the curbing and guttering where necessary of the entire street area between gutters, the mixture for the surfacing to be according to specifications of the C,.ty Engineer, which said petitiors 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 sane 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 V,nth t' e estimated cost of the construction of said improvement, amounting to $84,309,40 for surfacing and $23,6b4.60 for curb and gutter and gutter only and $6,159.04 for water and sewer connec+fors or a grand total for surfacing, curb and gutter and water and sewer connections of Sll1t,133.04, that the total frontage of the proposed district is 28,019.05 linear feet, that the total amount of -irardage of oil surfacing material is 89,882 10 square yards, that the present amount of 0.5 foot curb and gutter required is 13,147 feet and that 32 water connections will be required and that 30 sewer connections will be required, that the cost per front foot for oil surfacing of said streets is estimated at on 100 foot streets is a3.096 per front foot, on 90 foot streets is $2.758 per front foot, on 80 foot streets is $2 421 per front foot, on 60 foot streets is $1.754 per front foot, on 20 foot alleys is $1.126 per front foot, that the cost per front foot for 0.5 foot curb and gutter is $le80, that the cost for each water connection is — 2 — $91 22 and for each sewer connection is $108 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 paced by the City, that as an example the following is a statement of estimated costs, For a 50 foot lot fronting on a 100 foot street for oil surfacing $154.80 or $224 80 for oil surfacing, curb and gutter, and for a 50 foot lot fronting on a 90 foot street for oil surfacing $137.90, or $227.90 for oil surfacing and curb and glitter, and for a 50 foot lot fronting on an 80 foot street for oil surfacing $121.05, or $211.05 for oil surfacing and curb and gutter, and for a 50 foot lot fronting on a 60 foot street for oil surfacing $87.70, or $177.70 for oil surfacing and curb and gutter, and for a 50 foot lot fronting on a 20 foot alley, for oil surfacing $56 30 to which then shall be added the cost for water and sewer connections where required to he 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 accented, in accordance with the provisions of Section 7 and 8 of Ordinance No. 7, 1921, as amended, and the total cost of the improvement of the street will be assessed against the property abutting on said streets, but no ariount shall be assessed against the City, except one-half of the cost of street Inter- sections. 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, 48, and sewer and water train 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, - 3 - and to require sewer and water main connections in accordance with Section 26, Ordinance No. 71 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 hereafter adopted, the cost of oil surfacing shall be assessed and certified to the County Treasurer as provided by ordinances and law, and the bonds herein authorized to be issued shall be payable not only out of the special assessment levy to defray the cost of surfacing the streets within said district, but also out of the special assessments levied upon the property in said district, abutting the streets for curb and gutter or gutter only, and sewer and water main connections pursuant to the supplementary proceedings to be taken under said Ordinance No. 6, 1930, and Section 26 of Ordinance No. 7, 1921, of the City of Fort Collins. Section 3 That pursuant to the requirements of a resolution of the City Council, duly adopted on the 29th day of June, A D 1950" due note(-e was given to the owners of the property to be assessed by due and lawful publication in Fort Collins Coloradoan, a daily news- paper 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 unproved, together with the probable cost per front foot, and as shown by the estimate of the City - 4 - Engineer, and to the further effect that on the 3rd day of August, A D 1950, at four o'clock P01 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 blight 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 3rd day of August, A D 1950, at four o'clock P.N., and that complaints were filed from twenty-two property owners and that the following blocks were removed from the proposed district North Grant Avenue from LaPorte Avenue to Cherry Street Scott Avenue from Magnolia Street to Mulberry Street North Whitcomb Street from Cherry Street to Sycamore Street South Roosevelt Avenue from Mountain Avenue to Oax street 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. 48, 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 $171L,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, 1950, and in such form as may be approved by the City Council after submission by the Commissioner of Finance, said bonds shall bear the name of - 5 - I Consolidated Improvement District No. 48, 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 the Commissioner of Safety and Ex-Officio Mayor, countersigned by the Commissioner of Finance and Ex-Officio City Treasurer, and attested by the City Clerk with the corporate seal of the City, and registered with the City Treasurer and shall be delivered from time to time as required for the payment of the work '-erein 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 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 surfacing, curb and gutter and sewer and water main connections, all moneys collected from said assessments or from the sale of bonds for said improvements shall be credited to Consolidated Improvement District No b8, and the funds so collected shall only be used for the payment of the work of constriction of said improvements and the interest thereon and collection costs Said bonds shall be numbered from 1 to 114, inclus2ve, 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 rirnose All of Baia bonds slall be ctsclutely due and payable ten (10) years from the date — 6 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 taxes, and no sale of such propertv 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 ^vrfII3.ICA STATE OF COLORADO CITY OF FORT COLLINS CONSOLIDATED IAPPOVFPQENT DISTRICT No 48 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 herebv promises to pay to the bearer hereof, the sam of ONE TFOUSATTD DOLLARS in lawful money of the United States of America, at the office of the City Treasurer of se-d City, on the lst day of November, 1960, subject to call and payment, however, at any time prior thereto, as provided in the amendment to Section 1, of Article XVII of the City Charter, passed and adopted April 6, 1920, and Ordinance No. 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 Treasurerof 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. 48 in said City, for street oiling, curb and gutter, and sever and water main connections, by virtue and in Hill conformity with sa-d Charter amendment, and said Ordinance No 7, 1921, as amended. This bond is payable out of the proceeds of special assessments to be levied upon the real property, situate in said Consolidated Improvement District No. 48, especially benefited by said - 7 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 publidation 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, Citv 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 as further hereby certified and recited that every requirement of law relating to the creation of said Consolidated Improvement District No. 48, 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 an the issuance of this bond to render the same lawful and valid, have happened and been properly done and performed, and did exist an regular and due time, form and manner as required by law. IN TESTIMONY YffMEOF, the said City of Fort Collins has caused this bond to be subscribed by its Commissioner of Safety and Ex-Of£icio Mayor, countersigned by its Commissioner of Finance and Ex- Officio City Treasurer, and attested by its City Clerk, under the seal of said City, and the interest coupons hereto attached to be attested by the facsimile signature of the City Clerk as of the lst day of November, 1950 Commissioner of Safety and (SEAL) Ex-Officao Mayor ATTEST COUNTERSICNED Commissioner of Finance and Ex-Officio City Treasurer 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 City Treasurer of Fort Collins, Colorado, being six months' interest o-i - 8 - its local improvement bond, dated November 1, 1950, issued for the construction of local improvements in Consolidated Improvement District No 48, attached to Bond No. (Facsimile Signature) City Clerk Section 7. The Commissioner of Finance and Ex-Officio City Treasurer is hereby authorized and directed to have printed the sufficient number of bonds of the denomination of $1,000.00 each, numbered from one to 114, 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 Cit.[ Treasurer, he is hereby authorized and empowered, whenever funds may be in his hands, to the credit of Consolidated Improvement District No 48, including six monthst 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-Offic w 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 advertisments 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 - 9 - shall require a bond for the faithful performance of the same of not less than the full contract price, with sufficient sarety or sureties to be approved by the Commissioner of Safety and Ex-Offica_o Mayor, and the work of construction when so awarded under said contract shall be under the general control of the Commissioner of Public Worls 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 f?*ial and binding upon all parties thereto. When said contract is awarded it shall contain a clause to the effect that it is subject to the provisions of the charter and of the laws under which said City of Fort Collins exists, and of this ordinance, and the provisions of Ordinance No. 7, 1921, relating to local public improvements, as amended, and that the agreed payments shall not exceed the estimate of the said City Engineer and amount appropriated, and that upon ten (10) days notice, the work under said contract, without cost or claim against the said 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 pay- ment--- 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 improve- ments, 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 luring parties by the day and to arrange for purchasing - 10 - the necessary materials to do such work under the direction, super- vision 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 D_strict No 48, shall have been completed and the same Tproved, by the City Engineer and recommended for acceptance by said officer, and daly accepted by the City Council (f the City of Fort Collins, the cost of oil surfacing thereof shall be assessed upon all the real estate in said district, as the frontage of each piece of real estate in said district is to the frontage of all the real estate in the said district, and the cost of curb and gutter or gutter only and sewer and water main connections, as the case may be, shall be assessed against the abutting property in said district, as hereinbefore authorized, which said assessments for oil surfa.c.ng curb and gutter or gutter only 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 48, by an ordinance to be adopted as provided by Ordinance No 71 1921, as amended. Section 11 This ordinance shall be irrepealable until the indebtedness herein provided for, whenever the same shall be created, shall hate been duly paid, sat_sf_ed and discharged as herein proviaed Section 12 In the opinion of the City Colircil 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 authorit,j contained in Sections 6 and 7 of 6rticle IV of the City Charter. Introduced, read at length, and adopted by the unanimous vote of all the members of the City Council this 3rd day of August, A D 1950 Attest Co ssioner of Safety an E- fficio Mayor i y er t 11 - STATE OF COLOPkDO ) ss County of Larimer ) I, MILES F HOJSE, City Clerk of the City of Fort Collins, do hereby certify and declare that t'le foregoing Ordinance, consisting of twelve (12) Sections, was duly proposed ird read at length at a regular meeting of the City Council, held on the 3rd day of August, k D 1950, 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 IV of the City Charter, and thereafter and on, to-wit the 3th day of August, A. D 1950, said Ordinance No. 8 was duly published in the Fort Collins Coloradoan, a daily newspaper published in the City of Fort Collins, Colorado ITS WITOdESS 111HEREOF, I have hereunto set LW hard and affixed the seal of said City this 8th day of August, ? D 1950. I,:,- City Clerk