HomeMy WebLinkAbout022 - 12/13/1956 - RELATING TO THE CREATION AND ORGANIZATION OF CONSOLIDATED IMPROVEMENT DISTRICT NO. 53 ORDINANCE NO 22 , 1956
RELATING TO THE CREATION AND ORGANIZATION OF CONSOLIDATED IMPROVEMENT
DISTRICT NO 53, 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 100 petitions, duly filed
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and presented to the Council of the City of Fort Collins on July
12, 19562 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 100 petitions should be
consolidated and considered as one petition for all purposes.
And the Council, by resolution duly adopted on July 26, 1956,
ordered the consolidation of said 100 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. 53, comprising the lots and blocks and lands
abutting on the following streets, to-wit
East Laurel Street from Cowan Street to Endicott Street
Maple Street between Mason Street and Howes Street
Maple Street between PTeldrum Street and Sherwood Street
North Sherwood Street between Cherry Street and Sycamore Street
Cherry Street between Whitcomb Street and Loomis Avenue
North Loomis Avenue from Sycamore Street to Elm Street
Colorado Street from Laurel Street to Blake Subdivision
Mathews Street from Parker Street to Prospect Street
Wilson Avenue from Bishop Avenue to McKinley Street
Cherry Street from Park Street to 'Nest Street
Maple Street from Wood Street to Park Street
Maple Street from Park Street to West Street
Maple Street from Nest Street to Shields Street
North McKinley Street from Nilson Avenue to a point 219
feet North of LaPorte Avenue
Whedbee Street from Parker Street to Prospect Street
Parker.Street from Remington Street to Mathews Street
Bungalow Court
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 saia work of construction of said improve-
ment district is hereby ordered to be done in accordance herewith,
as provided by lawj together with the estimated cost of the
construction of said improvement, amounting to $47,485.83 for
surfacing and $16,752.97 for curb and gutter, and $"8,650.00 for
water and sewer connections or a grand total for surfacing, curb
and gutter, and water and serer connections of $78,888 8o, that
the total frontage of the proposed district is 13,920 66 linear feet,
that the total amount of yardage of oil surfacing material is
33,549 square yards, that the present amount of 0.5 foot curb and
gutter required is 9,913 feet and that 41 water connections will
be required and that 47 sewer connections will be required, that
the cost per front foot for oil surfacing of said streets is
estimated at• on 800 Block East Laurel, 400 Block North Sherwood,
and 400 Block Maple Street is 64.31 per front foot, on 200 Block
Maple Street is 04 97 per front foot which includes drainage
assessment, on 600 Block Cherry Street and 500 Block North Loomis
Avenue is $3.40 per front foot, on 700 Block Colorado Street and
1400 Block Wilson Avenue is $2.83 per front foot, on 1600 Block
Mathews Street is $3. 1421 per front foot which includes drainage
assessment, on 200 Block"Parker Street is 170 feet at $1.90 per
front foot and 130 feet at $2 1924 per front foot which includes
drainage assessment, on Bungalow Court is 03.29 per front foot,
on 1000 Block Cherry Street, 900 Block Maple Street, 1000 Block
Maple Street, 1100 Block Maple Street, 200 Block North McKinley
Street, and 1600 Block Whedbee Street is $2.69 per front foot; that
the cost per front foot for 0.5 foot curb and gutter is $1.69, that
the cost for each water connection is $125.00 and for each sewer
connection is $75.00 ana that the above figures include allocation
against the entire cost for one-half of the street intersections,
the remaining one-half to be paid by the City, that as an example
the following is a statement of estimated costs - For a 50 foot lot
fronting on 800 Block East Laurel, 400 Block North Sherwood, and 400
Block Maple Street for oil surfacing $215 50, or $300.00 for oil
surfacing, curb and gutter, and for 200 Block Maple Street for oil
surfacing $248.50, or $333 00 for oil surfacing, curb and gutter,
and for 600 Block Cherry Street and 500 Block North Loomis for oil
surfacing $170.00, or $254.50 for oil surfacing, curb and gutter,
and for 700 Block Colorado Street and 1400 Block Nilson Avenue for
oil surfacing MI 50, or $226.00 for oil surfacing, curb and gutter,
and for 1600 Block Mathews for oil surfacing $157 12, or $241.62 for
oil surfacing, curb and gutter, and for 200 Block Parker Street for
oil surfacing $95.00, or $179.50 for oil surfacing, curb and gutter,
or for oil surfacing $109.62, or $194 12 for oil surfacing, curb and
including drainage assessment,
gutter and for Bungalow Court for oil surfacing $164.50, or $249.00
for oil surfacing, curb and gutter, and for 1000 Block Cherry Street,
900 Block Maple Street, 1000 Block Maple Street, 1100 Block Maple
Street, 200 Block North McKinley Street, 1600 Block Whedbee Street
for oil surfacing $134.50, or $219.00 for oil surfacing, curb and
gutter, to which then shall be added the cost for water and sewer
connections 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 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 53, 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 61 1930, of the City
of Fort Collins, and to require sewer and water main connections in
accordance with Section 26, Ordinance No 72 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, 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 llth day of October, A D 19562
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
15th day of November, A D 1956, 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 hear the complaints of said
meeting held on the 15th day of November, A D 1956, at one-thirty
o ' clock P M. and that no complaints in writing concerning the proposed
improvements have been filed with the City Clerk,
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 improve-
ments, have been observed and complied with in all respects, and
It is hereby ordered that the improvements of Consolidated Improvemert
District No. 53, 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 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 $78,000.00 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 13 1957, and in such form
as may be approved by the Council after submission by the Director
of Finance, said ponds shall bear the name of Consolidated Improve-
ment District No. 53, 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 Mayor, countersigned by the
Director of Finance and attested by the City C1Prk 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, 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 advertisement and upon such terms and condi-
tions 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
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assessments or from the sale of bonds for said improvements shall
be credited to Consolidated Improvement District No. 53, 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 78
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 witn 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 attacged thereto shall
be substantially in the following form:
UNITED STATES OF AMERICA
STATE OF COLORADO CITY OF FORT COLLINS
CONSOLIDATED IMPROVEMENT DISTRICT NO 53
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 THOUS/IND 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,
1967, subject to call and payment, however, at any time prior
thereto, asiprovided in the City Charter, and Ordinance No 7,
1921, relating to local puolic 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
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 53 in said City, for street oiling, curb and gutter,
and sewer and water main connections, by virtue and in full confor-
mity with said Charter, 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. 53, especially benefited
by said improvements, and the amount of the assessments so to be
made upon the real estate it 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 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 proviaed 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 Consolidatea Improvement
District No. 53, the making of said local improvements and the
issuance of tnis 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 preceaent 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, fbrm and manner as required by lava.
IN TESTITtii0TdY WHEREOF, the sAid City of Fort Collins has
caused this bond to oe subscribed by its Mayor, countersigned by
its Director of Finance, and attested by its City Clerk, unaer 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, 1957.
Mayor
(SEAL)
ATTEST COUNTERSIGNED
Director of Finance
City Clerk
(Form Coupon)
NO $30.00
November
On the lsttday 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 NO/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 months '
interest on its local improvement bond, dated November 1, 19571
issued for the construction of local improvements in Consolidated
Improvement District No. 53, attached to Bond
Noy (Facsimile Signature)
City Clerk
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 78, 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 herein-before 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 creait of Consolidated Improvement
District No. 53, 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
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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 tnan 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 so 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 zhe 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 contractV
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 whien 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 serer and water main connections
in Consolidated Improvement District No 53, 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. 53, 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 1st reading, and
ordered published this 15th day of November, A D 1956, and to be
presented for final passage on the 13th day of December, A. D. 1956,
ayor
ATTEST
eD_�-�
City Clerk
Passed and adopted on final reading this 13th day of
December, P D 1956. /
ayor ?
ATTEST
City Clem