HomeMy WebLinkAbout008 - 05/26/1960 - RELATING TO THE CREATION AND ORGANIZATION OF CONSOLIDATED IMPROVEMENT DISTRICT NO.55 ORDINANCE NO. 8 , 1960
RELATING TO THE CREATION AND CRGANTZATION OF CONSOLIDATED IMPROV M1W DISTRICT NO.55,
PROVIDING.FOR THE C(l WRUCTION CF IMPROMERS THEREIN, AND AWHORI'ZING. THE,ISSUANCE
CF BONDS TO PAY THE COST W—CONSTRUCTION THEREOF&
BE IT MAIM BY THE COUNCIL of THE CITY 4 FORT CMLINS: .
Section.l. That pursuant to 139 petitions,. duly filed and presented to
the Council of the City of Fort Collins on January 28, 1960, 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.oaners. of more
than one-third of the frontage in the proposed district; and the City Engineer
made a further report that said 139 petitions should be consolidated and. considered
as one petition for all purposes. And the.Council, .by resolution duly adopted
on January 28, 1960, ordered the.eonsolidation of said:139 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 ordinancess. to .be known as Consolidated Improvement District No. 55,
comprising the lots and blocks and lands abutting on the following.streets, .to--mits
Alpert Street from Peterson Street to Whedlee: Street
Cowan Street from Myrtle Street to Laurel Street
Elm Street from Shields Street to Tedman Drive
Endicott Street from Riverside-Avenue to Myrtle Street
West Lake Street a 600 and 700.Blocks
LaPorte Avenue from Shields Street to Roosevelt Avenue
Miller.Drive from .Nyrtle Street to Birch-Street.
Morningaide Drive from Parker Street to Dead End
West Mulberry Street from Shields Street to Crestmore.Place
Parker Street from Peterson Strest.to Smith Place
Peterson Street from Parker Street to Stuart Street
Remington Street from Stuart Street to Dead End
Stuart -Street from Peterson-Street to Whedbee Street
Sycamore Street.from Shields Street to Pearl Street
Vhedbee Street from Parker Street to Stuart Street
Wood Street from.Syeamore Street to Elm .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,.approxi.
mately 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.aaid 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 herewith, as
provided by law, together. with the estimated cost of the. construction of said
improvement, amounting.to $ 3169222.33 for surfacing and-$.33,252.00 for .curb and
gutter, and $.435,60 for double gutter, and $ 5,547.85 for water and sewer connections,
and $ 2,400.00 for water and sewer mains on Elm Street, or a grand total for surfacing,
curb and getter, water and sever connections,. and- water and-sever mains of $ 157,857.78;
that the total frontage of the proposed district .is .28,698 linear feet; that the total
amount of yardage of oil surfacing material is 72,699 square .yards; .that the present
amount of 0.5 foot curb and gutter req ired.is 16,626.feet and 180 feet of double
gutter and .that 35 water connections will be required and that 63 sewer connections
will be required;.that the cost per front-foot for oil surfacing of said streets is
estimated at: for.400 Block Alpert Street is $ 4.40 per-front foot,. for 60O.Block
Cowan Street is $ 4.85 per front foot, for 110071200 Blocks Elm Strest. is $ 3.30 per
front foot, for 500 Block Endicott Street.is.$ 3.10 per front foots- for 600-700 Blocks
West Lake Street is $ 3.90 per front foot, for 1100-1400 Blooks.LaPorte Avenue is
$ 3.45 per front ,foot, for 600 Block Biller Drive is $.3.15 per .front foot,. for
1700 Block Morningside Drive is $ 3.50 per front foot,. for 1100-1200.Blooks West
Mulberry Street is $.4.20 per front foot, for 1300-1900-.Blocks West. Mulberry..Street
is $ 5.15 per front.foot, for 400-500 Blocks Parker Street is $. 4.05.per. front foot,
for 1700-1800 .Bloeks Peterson Street is .$.1.20 per front foot, .for 1800 Block Re oa
Street
is $ 4.40 per front foot, for 400 Block Stubsst Street is $. 4.95 per-front foot, for
1100 Block-Sycamore Street .is $ 3.45 .per.front.foot, for 1700-1800 Blocks Whedbee Street
is $ 2.65 per front foot, for 500 Block Wood Street is $ 4.85 per front foot; that
the cost per front.foot for 0.5 foot:curb. and.gutter is $ 2,00, the cost per front
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foot for double gutter is $ 2.42, and the cost for each water service is 60,50 and
for each sewer service is 54.45; 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 costal . For a 50 foot lot fronting
on: for 40031ock Alpert.Street .for oil. surfacing.$..220.0O,..or $ 320.00_for. oil
surfacing. and .curb. and.gutter; for 600 Block Cowan Street for. oil .surfacing $ 242.50,
or $. 342.50 for oil surfacing. and curb and getter; .for 1100-1200 Blocks.Elm .Street
for oil surfacing..$..165.00, .or.$..265.00 for oil. surfacing and-curb .and .gutter; for
500 Block.Endicott Street for .oil. surfacing $ 155.00, or $.255.00.for oil,surfacing
and curb and gutter; for 600-700 Blocks West .Lake Street for oil surfacing..$, 195.00,
or $ 295,00 for oil surfacing and curb-and.gutter; for .1100-1409 Blocks LaPorte
Avenue for oil surfacing.$. 172.50, or $ .272.50. for oil.snrfacing. and curb and gutter;
for 600 Miller-Drive for oil surfacing. $ 157.50, .or $.257,50 for oil surfacing and
curb and gutter; for 1700 Block.Morningside Drive -for oil surfacing $ 175.00, or.
$ 275,00 for oil surfacing. and .ourb and. gutter; for.1100-1200 Blocks West Mulberry
Street $ 210.00, or $ 310,00 for oil.surfacing.and.ourb .and gutter; for 1300-1900
Blocks West Mulberry Street .for oil surfacing.$. 257.50, or $ 357.50.for oil surfacing
and curb and gatter; .for.1400-500 .Blocks Parker.Street.for oil surfacing.$ 202.50,
or $ 3C1P,50 for oil surfacing and. curb and.gutter; for 1700-1800 Blocks .Peterson
Street for oil surfacing $ 110.00, .or $ 210,00 for oil surfacing and curb and.gutter;
for 1800 B1ook .Remington Street for oil surfacing $ 220.00, or $.320.00 for oil
surfacing and curb and gutter; for 400 .Block Stuart- Street .for oil surfacing. $ 247.50,
or $ 347,50 for oil surfacing and.curb and gutter; for 1100 Block.Sycamore Street
for oil surfacing.$ 172.50, or $ 272.50 for oil surfacing.and-curb and gutter; for
1700-1800 Blocks Whedbee.Street for oil surfacing. $ 132.50, or $. 232,50 for oil
surfacing and curb and gutter;.for.500._B1ook Wood Street for oil surfacing $ 242.502
or $ 342,50 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,
AU 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 adid 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 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
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of the cost of street intersections and that frontage of City Park on Mulberry 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. 55, and.sewer and
water main connections where.not now made are hereby ordered to .be. made, . and the
Council shall take appropriate action .by.the.resolution,to require .the. constru6tion
or repairing-or.reconstruction of. said.curbs and..gatters.in conformity with Ordinance
No, 6, 1930, of the City of Fort Collins, and to require.sewer and water.main.comr
actions in accordance with Section 26, Ordinance.No. 7, .1921,. of.the City of.$ort
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.authorised.to be issued shall be, payable not .only. out of the
special assessment levy .to defray the cost of surfacing the. streeta.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 Qrdinance.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 24th.day of March, A.D. 19.60, 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 28th day of April, A.D.. 1960, at one-thirty
O'iclock P.M., in the Council Chambers in the City Hall of the City of Fort Collins,
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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 amy
real estate to be assessed; that in pursuance of the said notice, the.Council,did
sit to hear the complaints of said. meeting. held. on the 26thadgy of April.Q. D., 1960,
at one-thirty otclock P.M., and said Council adjourned the hearing-to the 5th day
of May 9.D.9 1960s, at one thirty o`tclock P.M.; that forty three (43) remonstrances
were filed against the making of the improvements in that portion of said Consolidated
Improvement District No. 55 affecting that portion of said-district consisting of
'West Mulberry from Shields Street to .Crestmore Place; that of said forty three (43)
remonstrances twenty (20). thereof were by signers of the original petition who had
not withdrawn therefrom and which said remonstrances were accordingly-not considered
U
by the Council; that the Council did therefore determine that legal remonstrances
were presented only by.twenty three (23) property owners representing 1,782.58
frontage feet or 29.51 per cent of the total private assessable frontage of 6,039.64
feet in said portion of-Consolidated Improvement District No. 55 affecting West
Mulberry Street from Shields .Street to Crestmore Place, which amount the Council finds
in
is/sufficient to require that the improvements not be made..
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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 an ordinance.ordering
said improvements, have been observed and. compiied with .in all respects;. and it
is hereby ordered that the improvements of Consolidated Improvement .Distriat No, 55,
as provided for in the map, plans and. specifications heretofore .adopted .by the
Council, and approved in.this.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.$..15.7,000.00
are hereby anthorized.to.be issued .by the Director 'of Finance_of.the_City.of.Fort
Collins, which said bonds .shall bear date of .November.l, 1960, _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. 55, of the
City of Fort Collins, and shall bear interest at the.rate of. 6p'iper 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 sha7l .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 credited to
Consolidated Improvement District No. 55, 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. Said bonds shall be numbered .from 1 to 157.inclusive,
and shall be redeemable consecutively according. to.number and in the order of issuance.
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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. A11
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, 1921s relating.to local tnblic 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 property-to enforce any gehbial 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 AMICA
STATE CF COLOWDO CITY CF FORT COLLINS
CONSOLIDATED IMMOVEMENT DISTRICT NO. 55
BOND
No. $ 11000
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
ME THOUSAND DOLLARS
in lawful money of the United States of.America, at the office of the Director of
Finance of said City, on the let day of November, 1970s subject to. call and pay-
ment, however, at any time. prier 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-annually,. on the lat day
of May,raad let day of November at the office of the.Director of Finance of the
City o 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 improve-.
ments constructed in Consolidated Improvement District No. 55, 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. 7, 19212 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. 553,
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,
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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, or the amount authorised
by law; and it is further hereby certified and recited that every requirement.of.law
relating to the creation of said Consolidated Improvement District N6. .55, 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.eaiat
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 .proper]y done and performed,
and did exist in regular and due. time, form and .manner as required by-law.
IN TESTIMONY.SDDM(', 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 facsimile signature of the City Clerk as of.the lot
day of November, 1960.
Mayor
(sue)
ATTEST: COUNTERSIGNED:
Director of Finance
City Clerk
( Form Coupon )
No. $ 30.00
November
On the let 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 DOLLM)
in lawful money of the United Statee .of America, at the office of the Director of
Finance of Fort Collins, Colorado, being. six months't interest on its local improvement
bond, dated November 1, 19602 issued for the construction of local improvements in
Consolidated Improvement District No..55,. attached to Bond
No. (Facsimile Signature)
City Clerk
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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 to157 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 hereby authorized and empowered, whenever funds may be in his hands, to the
credit of Consolidated Improvement District No. 55, 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 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,
vh ich 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 advertise-
ment shall be submitted to the 'Council for approval or rejections, and no contract
shall be awarded in excess of the City Ehgineerfs 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
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
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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 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 the manner of payment -- whether the same shall be made
in bends 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 Council..
The Council shall have the tight 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 Council, it shall be deemed to the best 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 and to arrange for purchasing
the necessary materials to do such work under the direction, supervision and control
of the City Manager, and the City Engineer acting for said City.
Section 10. When the public improvements, including oil surfacing, curb
and gutter, and sewer and water main connections in Consolidated Improvement Dis-
trict No. 55, shall have been completed and the same 'approved, by the City
Engineer and recommended for acceptance by said officer, and duly accepted by the
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 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 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. 55, by an ordinance to be
adopted. as provided by Ordinance No. L 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.
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Introduced, considered favorably on first reading,. and ordered published
this 5th day of May, A. D., 1960, and to be presented for final.passage on the
26th day of May,. A. D.,1960.
Mayor
ATTEST:
� City Clerk
Passed and adopted on final reading this 26th day of May, A.D., 1960.
-- Mayor
ATTEST:
City Clerk