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HomeMy WebLinkAbout024 - 08/14/1958 - RELATING TO THE CREATION AND ORGANIZATION OF CONSOLIDATED IMROVEMENT DISTRICT NO. 54 ORDINANCE NO 24 , 1958 RELATING TO THE CREATION AND ORGANIZATION OF CONSOLIDATED IMPROVEMENT DISTRICT NO 54, PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN, 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 172 petitions, duly filed and presented to the Council of the City of Fort Collins on Mars 27, 1958, which said petitionSwere 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 172 petitions should be consolidated and considered as one petition for all purposes And the Council, by resolution duly adopted on March 27, 1958, ordered the consolidation of said 172 petitions into one petition for all purposes THEREFORE, there is hereby created and organized, an improve- ment 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 As comprising the lots and blocks and lands abutting on the following streets, to-wit Alpert Street from Mathews Street to Peterson Street Jackson Court from Shields Street to McKinley Street Mathews Street from Parker Street to Stuart Street McKinley Street from LaPorte Avenue to Leland Drive Parker Street from Mathews Street to Peterson Street North Pearl Street from Jackson Court to Elm Street Riddell Drive Two Blocks to Elm Street Sycamore Street from West Street to Shields Street Bryan Street from Crestmore Place to City Limits North Lyons Street from Leland Drive to Wilson Avenue Leland Drive from McKinley Street to Bishop Street Persons Court Cherry Street from Grant Avenue to Wood Street Endicott Street from Myrtle Street to Laurel Street Sycamore Street from Grant Avenue to Loomis Avenue Remington Street from Parker Street to Stuart Street Hanna Street from Sycamore Street to Elm Street Lesser Drive from Myrtle Street to Laurel Street Alley Block 116 Section 2 That the said petitions prayed for the improve- ment of the said district by grading and surfacing with a mixture of oil and gravel, approximately two inches in thickness, and the curbing and guttering where necessary of the entire street area between gutters, the mixture for the surfacing to be according to specifications of the City Engineer, which said petitions were made and filed under the provisions of said Ordinance No 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 $64,011 56 for surfacing and $33,448 48 for curb and gutter, and $11,496 251for water and sewer connections or a grand total for surfacing, curb and gutter, and water and sewer connections off $1129007 97 that the total frontage of the proposed district is/212825 75 linear feet, that the total amount of yardage of oil surfacing material is 47,273 square yards , that the present amount of 0 5 foot curb and gutter required is 16,081 feet and that 56 water connections will be required and that 115 sewer connections will be required, that the cost per front foot for oil surfacing of said streets is estimated at -2" on 300 block Alpert Street, Jackson Court, 1700 block Mathews; L Street, 200 block North McKinley Street, 300 block Parker Street, } 300, 400) 500 block North Pearl Street, 400, 500 block Riddell Drive and 1100 block Sycamore Street is $$2 94 per front foot, on 600 block South Bryan, 200 block North Lyons Street, 1400 block Leland Drive and Person Court is $2 50 per front foot, on 700, 800 block Cherry, 600 block Endicott and 700 block Sycamore is $3 60 per front foot, on 1700 block Remington is $4 32 per front foot, on 500 block Hanna and 600 block Lesser Drive is $2 15 per front foot and on Alley in Block 116 is �l 35 per front foot, that the cost per front foot for 0 5 foot curb and gutter is $$2 08, the cost per front foot for double gutter in intersections is $2 35, the cost per front foot for the sidewalk, curb and gutter in intersections is $2 08 and the cost for each water service is $89 90 and for each sewer service is $56 19, 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 lot fronting on 300 block Alpert Street, Jackson Court, 1700 block Mathews Street, 200 block North McKinley Street, 300 block Parker Street, 300, 400, 500 block North Pearl, 400, 500 block for oil surfacing, Riddell Drive and 1100 block Sycamore Street/$147 00, or $251 00 for oil surfacing, curb and gutter, and for 600 block South Bryan Street, 200 block North Lyons Street, 1400 block Leland Drive End Person Court for oil surfacing $125 00, or $229 00 for oil surfacing, curb and gutter, and for 700, 800 block Cherry 600 block Endicott and 700 block Sycamore Street for oil surfacing $¢180 00, or $$284 00 for oil surfacing, curb and gutter and for 1700 block Remington for'oil surfacing $218 00, or $322 00 for oil surfacing, curb and gutter, and for 500 block Hanna and 600 block Lesser Drive for oil surfacing $107 50 or $211 50 for oil surfacing, curb and gutter, and for Alley in Block 116 for oil surfacing $67 50, to which then shall be added the cost for water and sewer services where required to be made -3" 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 Sections 7 and 8 of Ordinance No 7 1921, as amended, and the total cost of the improvement of the street will be assessed against the property abutting on said streets , but no amount shall be assessed against the City, except one-half of the cost of street intersections That curbs and gutters where not now in place 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 54, 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 construction or repairing or reconstruction of said curbs and gutters in conformity with Ordinance No 6, 1930, of the City of Fort Collins, and to require sewer and water main connections in accordance with Section 26, Ordinance No 7, 1921, of the City of Fort Collins , and if the same is not done by the property owners within thirty (30) days from date of service of said resolution, as in said ordinance provided, the City shall construct or repair or reconstruct said curbs and gutters , or cause said work to be done, and make said connections/with the sewer and water main, and charge and assess the cost thereof against the abutting property and in like manner, and in the same assessing ordinance, to be 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 3 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 -4- 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 26th day of June, A D 1958, 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 newsN 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 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 31st day of July, A D 1958, 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 improve- ments by the owners of any 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 31st day of July, A D 1958, at one-thirty o' clock P M. Three complaints were presented protesting the improvements to Persons Court, said complaints being less than 51% of the frontage of the improvements to Persons Court 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 there- to 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 545 as provided for in the map, plans and specifications heretofore adopted by the Council, and approved in this Ordinance, .5R 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 $112,000 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, 1958, 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 54, of the City of Fort Collins, and shall bear interest at the rate of 6% per annu3p, 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 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 anended, 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 Council at public or private sale with or without prior advertise- ment 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 54, and the funds so collected shall only be used for -6- 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 112 inclusive, and shall be redeemable consecu- tively 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 parity with 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 form UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLINS CONSOLIDATED IMPROVEMENT DISTRICT NO 54 BOND No $1,000 The City of Fort Collins, in the County of Larimer and State of Colorado, for value received, acknowledges itself indebted and hereby promises to pay to the bearer hereof, the sum of ONE THOUSAND DOLLARS in 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, 19f8, subject to call and payment, however, at any time prior _7- 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 semiannually, on the 1st 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 54 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, 1921, as amended4 This bond is payable out of the proceeds of special assessments to be levied upon the real roperty, situate in said Consolidated Improvement District No 5�, especially benefited by said improvements, and Vie 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 respect— ive 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 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 54, the making of said local improvements and the issuance of this bond, has been fully complied with by the proper officers of aaid City, and that all conditions required to exist and all things required to be done precedent to and in the issuance of this bond to render the same lawful and valid, have happened and been properly done and performed, and did exist in regular and due time, form and manner as required by law IN TESTIMONY WHEREOF, the said City of Fort Collins has caused this bond to be subscribed by its 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 1st day of November, 1958 Mayor (SEAL) ATTEST COUNTERSIGNED Director of Finance City Clerk (Form Coupon) $3 0 00 No November On the 1st day of May, A D 19 , unless the bond to which this coupon is attached has been called for prior redemption, the City of Fort Collins will pay to bearer (THIRTY AND N0/100 DOLLARS) in lawful money of the United States of America, at the office of the Director of Finance of Fort Collins, Colorado, being six monthst interest on its local improvement bond, dated November 19 19583, issued for the construction of local improvements in Consolidated Improvement District No 549 attached to Bond No (Facsimile Signature) —C1Ty—G' er 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 112, inclusive, as is required to meet the estimated cost of said improvements as herein movided, 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 hereinbef ore 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 54, including six months ' interest on the unpaid principal, to advertise for five (5) days in the official newspaper of said City, and call in a suitable number of bonds of said District for payment, and at the expiration of thirty (30) days from the first publication, interest on said bonds so called shall cease The Notice shall specify the bonds so called by number, and all bonds so issued shall be called and paid in their numerical order Section 9 Upon the taking effect of this ordinance the 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 Engineers 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 ao 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 -9� I, 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 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 to the manner of payment--whether the same shall be made in bonds of said district to be accepted by the contractor at par, or whether payment shall be made to the contractor in money, all at the option of the Council The Council shall have the right to reject any and all bids which may be made by any person or persons for the construction of said improvements, and when, in the judgment of the Council, it shall be deemed to t'ie 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 direct-ono 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 District No 54, shall have been completed -10- 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 f frontage of each Diece of real estate in said district is to the V } 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 54, by an ordinance to be adopted as provided by Ordinance No 7, 19212 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 1st reading, and ordered published this 31st day of July, A D 1958, and to be presented for final passage on the 14th day of August, A D 1958 Mayor ATTEST City Clerk Passed and adopted on final reading this 14th day of August, A D 1958 Mayor ATTEST City UlerK —