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HomeMy WebLinkAbout007 - 08/12/1948 - RELATING TO THE CREATION OF CONSOLIDATED IMPROVEMENT DISTRICT NO. 46 (EMERGENCY ORDINANCE) 0) ORDINANCE NO 7, 1948 .BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF CONSOLIDATED IMPROVEMENT DISTRICT NO 46 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 CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That pursuant to 64 petitions duly filed and presented to the City Council on July 8, 1948 which said petitions were referred to the City Engineer for investi- gation 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 made a further report that said 64 petitions should be consolidated and con- sidered as one petition for all purposes And the City Council by resolution duly adopted on July 8 1948, ordered the consol- idation of said 64 petitions into one petition for all purposes THEREFORE, there is hereby created and organised, 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 46, com- prising the lots and blocks and lands abutting on the following streets to-wit Smith Street from Edwards Street to Pitkin Street Whedbee Street from Buckeye Street to Prospect Street Lake Street from alley to Circle Drive Washington Avenue from Mountain Avenue to Oak Street Mason Street from Oak Street to Magnolia Street Park Street from Laporte Avenue to Cherry Street Roosevelt Avenue from Laporte Avenue to Mountain Avenue Sherwood Street from Oak Street to Laporte Avenue Whitcomb Street from Laporte Avenue to Mulberry Street North Mack Street from Mountain Avenue to Laporte Avenue Edwards Street from Whedbee Street to City Limits Section 2 That the said petition 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 theentire 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 proYisions 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 therewith, as provided by law, together with the estimated cost of the construction of said improvement, amounting to $58 156 05 for surfacing, and $11,901 66 for curb and gutter only, and $7,037 97 for water and sewer connections, or a grand total for surfacing curb and gutter, sewer and water connections, of $77,095 682 that the total frontage is 20,691 4 linear feet, that the total amount of yardage of oil surfacing material is 55,732 5 square yards, that the present amount of curb and gutter required is 4,273 feet, and of gutter alone is 250 feet, that 30 water connections will be required and that 26 sewer connections will be required, that the cost per front foot on said streets is estimated at on 100 foot streets, $2 9337 per front foot on 70 foot streets, $2 0272 per front foot, on 60 foot streets is $1 7602 per front foot, on 50 foot streets, is $1 3876 per front foot, that the cost per front foot for curb and gutter is on 100 foot streets , $2 85, on 70 foot streets, $2 72, and on 60 and 50 foot streets -2- is $2 22 and the cost per front foot for gutter only is $1 96, and the cost for each water connection is $113 92 and for each sewer connection is $139 24, and that the above figures include allocation against the entire cost for one- half of the street intersection, the remaining one-half to be paid by the city, that as an example--the following is a state- ment of estimated cost For a 50 foot lot fronting on a 100 foot street for oil surfacing $146 68 or $289 18 for oil surfacing, curb and gutter, and for a 50 foot lot fronting on a 70 foot street for oil surfacing $101 36 or $237 36 for oil surfacing and curb and gutter, and on a 60 foot street for oil surfacing $88 01, or $199 01 for oil surfacing and curb and gutter, and on a 50 foot street $59 83 for oil surfacing or $180 38 for oil surfacing and 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 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 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 in- tersections and the portions of the streets occupied by street car tracks That curbs and gutters where not now in place conformible 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 46 and sewer and water main connections where not now made are hereby ordered to be made, and the City Council shall take -3- appropriate action by resolution to require the construction or repairing or reconstruction of said curbs and gutters in conformity with ordinance No 6, 1930 of the City of Fort Collins, and to require sewer and water main connections in accordance with Section 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 con- struct 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, at 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 suplementary 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 8th day of July, A D 1948, due notice was given to the owners of the property to be assessed by due and lawful publication in 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, -4 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 12th day of August, A D 19481 at four o' clock P M 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 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 said City Council did sit to hear the complaints of said meeting held on the 12th day of August, A D 1948 at four o' clock P M , and that no complaints in writing concerning the proposed improvements have been filed with the City Clerk 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 has been observed and complied with in all respects, and it is hereby ordered that the improvements of Consolidated Improvement District No 46, 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 $77,000 00 are hereby authorised 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 September 1, 1948, and in -5- such form as may be approved by the City Council after submission by the Commissioner of Finance, said bonds -shall bear the name of Consolidated Improvement District No 46, of the City of Fort Collins, and shall bear interest at the rate of 6% per aunum, 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 $500 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 C17, and registered with the City Treasurer and shall be delivered from time to time as required for the payment of the work herein 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 ad- vertisement and upon such terms and conditions as to it seem advisable Said bonds shall be redeemable out of the monies collected on account of the assessments made for said improvements, including oil surfacing, curb and gutter and sewer and water main connections, all monies collected from said assessments or from the sale of bonds for said improvements shall be credited to Consolidated Improvement District No 46, and the hinds 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 154, inclusive, and shall be redeemable consecutively -6- 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 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 al]60sts 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 46 No 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 the bearer hereof, the sum of Five Hundred ($,500 00) Dollars in lawful money of the United States, at the office of the City Treasurer of said City, on the lst day of September, 1958, subject to call and payment, however, at any time prior thereto, as provided in the amend- ment to Section 1 of Article %VII 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 at the rate of six per cent (6%) per annum, payable semi-annually, on the 1st day of March and the 1st day of September at the office of the City Treasurer of the City of Fort Collins, upon presentation and surrender of the annexed coupons as they severally become due -7- This bond isissued for the purpose of paying the cost of the local improvements in Consolidated Improvement District No 46 for street oiling, curb and gutter and sewer and water main connections, by virtue and in full conformity with the amendment to Section 1 of Article %VII of the City Charter, passed and adopted April 6, 1920, and Ordinance No 7, 1921, relating to local public improvements, as amended _This bond is payable out of the proceeds of special assessments to be levied upon the real property, situate in the City of Fort Collins in said Consolidated Improvement District No 46, especially benefitted by said improvements , and the amount of the assessment 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 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 Vo enforce any general State, County, Town or School tax, or other lien, shall extinguish the perpetual lien of such assessments herein provided be made, and 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 and the contract price for said improvements , nor the amount authorized by law, and it is further hereby certified and recited that every requirement of law relating to the creation of said Con- solidated Improvement District No 46 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 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 sub@cribed by its Commissioner of Safety and Ex-Officio 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 thereto attached to be attested by the facsimile signature of the City Clerk as of the 1st day of September, 1948 Commissioner of Safety an Ex-Officio Mayor COUNTERSIGNED Commissioner of Finance an Ex-Officio City Treasurer Attest City Clerk -8- (Form of Coupon) No $15 00 On this day of 19 the City of Fort Collins will pay to the bearer Fifteen ($15 00) Dollars in lawful money of the United States, at the office of the City Treasurer of Fort Collins, Colorado, being six (6) months' interest on its local improvement bond dated September 1 1948, issued for the construction of the local improvements known as Consolidated Improvement District No 46, provided this bond shall not have been heretofore paid Attached to Bond No City Clerk Section 7 The Commissioner of Finance and Ex- Officio City Treasurer is hereby authorised and directed to have printed the sufficient number of bonds of the denomination of $500 00 each numbered from one to 154 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 hereinbefore provided Section 8 Whenever considered prudent by the City Treasurer he is hereby authorized and empowered whenever funds may be in his hands, to the credit of Consolidated Improve- ment District No 46, 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 (3)) 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-Officio Mayor is hereby authorized and empowered to advertise for bids for the con- struction of said improvements in accordance with the map, -9- plans and specifications heretofore adopted, which advertise- ments 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 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 Commissioner of Safety and Ex-Officio Mayor, and the work of construction when so awarded under said contract shall be under the general control of the Commissioner of Public Works 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 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 tan (10) days notice, the work under said contract without cast 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 im- provements are not being constructed in accordance with the -10- 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 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 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 improvements, 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 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, 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 District No 46, shall have been completed and the same approved, by the City Engineer and recommended for acceptance by said officer, and duly accepted by the City 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 fontage 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 surfacing, curb and gutter or gutter only and sewer and water main connections, -11- 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 46, 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 Section 12 In the opinion of the City Council 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 authority contained in Sections 6 and 7 of Article IV of the City Charter Introduced, read at length, and adopted by the unanimous vote of all the members of the City Council this 12th day of August, A D 1948 —Commissioner of Safety an - Officio Mayor Attest -'- I L;1ty Cleric -12- STATE OF COLORADO, ) ss County of Larimer ) I, MILES F HOUSE, City Clerk of the City of Fort Collins, do hereby certify and declare that the foregoing Ordinance, consisting of twelve (12) Sections, was duly proposed and read at length at a regular meeting of the City Council, held on the 12th day of August, A D 1948, and was duly adopted and ordered published in the Fort Collins Coloradoan, a daily newspaper and the official news- paper 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 17th day of August, A D 1948, said Ordinance No 7 was duly published in the Fort Collins Coloradoan, a daily news- paper published in the City of Fort Collins, Colorado IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City this 17th day of August, A D 1948 City Clerk