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HomeMy WebLinkAboutMINUTES-11/06/1913-AdjournedF Records of the City Council, 6th Day of November, 1 )13 501 191 16.1. W a....._ cSJe Al At an adjourned regular meeting of the City Council, held in the City of Fort Collins on the 6th day of November A. D, 1913, the following proceedings were had. Present President Samuel H. Clammer Commissioners D. C. Armitage and Alfred A. Attorney Frank J. Annis. 1,4oved by Commissioner Armitage that the following Commissioner Edwards. Edwards report be accepted; same seconded by REPORT OF THE C0174_SSIONER OF PUBLIC WORKS. To the honorable C'ty Council Gentlemen: In the matter of the application of certain non residents living southwest of th City for permission to tap the water main on South Shields Street, and also asking the city to extend the main one block'further south for the purpose of connection, I have to report as follows: The extension of the°main one block south will not serve any inhabitants of the City of Fort Collins at the present time, but will be for the benefit of users who are all non-residents of the City of Fort Collins at this time. . In these circumstances, I am advised by the City Attorney that the ordinance respecting main extensions has no application, and the Council is without authority to act, notwithstanding the offer of the non-residents to guarantee the amount required undel the ordinance. I therefore report adversely as to the extension of the main on Shields Street, but favorably for permission to the applicants to tap said main at their own expense and take water under the regulations provided for service to non residents. Respectfully submitted D. C. Armitage Commissioner of Public Works. Dated Fort Collins, Colo NovemtL r, 1913. The roll being called the vote stood as follows. Ayes Commissioner Cla;aner, Armitage and Edwards. Nays Commissioner... ............... All commissioners voting'in the affirmative the motion was varied and so declarec by the President. Moved by Commissioner.Ediards and seconded by Commissioner Armitage that the following report be accepted and the recomendations acted upon. Report of the Commissioner of Highways, Public Works and Utilities. To the Honorable City Council Gentlemen: The Mountains States Telephone and Telegraph Co. filed an application accompani< by a draft of a proposed ordinance granting it a franchise in the City of Fort Collins with the former City Council and by that Council it was referred to the Committee on Laws and Ordinances and the said committee after considering the same referred it back to the Council at its final meeting without action. I haVe had the matter of this application and ordinance under consideration, an( I find that it contains no provision for changing the rates or paying the city any consid- eration for the use and occupancy of 'the streets and alleys and public grounds, and I do not believe such an application and ordinance should 'receive consider�tion by this Council I therefore recommend that the application and the proposed ordinance be rejected. I further fiid that notwithstanding the fact that the franchise of The Mountain States Telephone & Telegraph Co -as an alleged successor in interest of The Colorado Tele- phone Co., expired on the 27th of July, 1913, the Company is building new lines and makin@ extensions within the corporate limits of this city without any authority or permission from any department of the City, and I therefore recommend that the company be notified to stop all new work or extensions of any kind until the matter of the right of the said Company to occupy the streets, alleys and public grounds of this city or exercise any pri. vileges within the corporate limits of this city, is settled and determined by a franchisf ordinance in accordance with the provisions of the charter. Respectfully submitted- D. C. Armitage Commissioner of Highways, Public Works and Utilities. The roll being called the vote stood as follows. Ayes Commissioner Clammer, Armitage, Edwards. Nays Commissioner .............. All co.-nnissioners voting in the affirmative the motion was carried and so de- clared by the President. Moved by Commissioner Edwards and seconded by Commissioner Armitage that the fol- lowing report*be accepted. Report of the Commissioner of Public Works. To the Honorable City Council: Gentlemen: In making an examination of the public parks and grounds of the City I have found that the tract known as Prospect Park, lying east of the cemetery and north of the park lands owned by the city, constitutes a valuable portion of the lands adjoining the city lands, and in my opinion ought to be a part of the public parks of the city. I have caused an investigation to be made respecting the situation of the park lands and pur- chases made by the City, and I find that in 1907 an ordinance known as No. 5 submitting to the qualified electors of the City of Fort`Collins the question of certain lands was passed by the City Council and submitted to a vote of the people on the 2d day of April 1907• This ordinance covered the tract consisting of 62 acres and a fraction lying soutt and east of Prospect Park, and also Prospect Park itself, being a tract of 44 and a frac- tion acres, the total making 106.7 acres. At the sa,e time another ordinance was sub- mitted at said election known as No. 6 series of 1907, being an ordinance submitting to the qualified electors of the City of Fort Collins the question of incurring an indebted- ness and issuing bonds for the purchase of the park lands. 502 Records of the City Council, 6th Day of November, 1913- ' 191 cotll The first ordinance in question provided for a purchase price of $47060.00 for the 106.7 acres, and the second ordinance No. 61 provided for the issuance of bonds in the sum of $4708.00 for the payment of the purchase price of said park lands. At the election the vote on the purchase 'of the lands stood 730 for and 32'^ a„ainst, and on the question of issuing bonds the'vote was 242 for and 161 against. Subsequently and on the 27th day of May 1907, anotherordinance No. 9 wfas passed and adopted being entitled " An ordinance providing for the Contracting of an indebtedness by the City of Fort Collins and upon the credit thereof by the issuance of the negotiable bonds of said city in the su: of % 47080.00 for the pur- pose of Public Pan.s." Under this authority no action was taken by the City Council until 1908, and on April 1, 19081$ 25000.00 of bonds were issued under Ordinance No. 9, known as "Park Bonds", being the first series of Park Bonds issued under the authority of Ordinance No. 9. With these bonds the City acquired title to the 62 Acres, payment being made by the issuance of $25000.00 of bonds and a warrant for %0.00 drawn on the city treasury. The purchase of the balance of this tract of land was not consumated at the time because the issue of the balance of the 0 22000.00 of bonds might possibly have exceeded the oonstituiional and statutory limit concerning bonded indebtedness, and therefore the transaction has remained uneonsumated to the present time, Upon making inquiry I find that the Prospect Park tract, described as fol- lows: Being a portion og the east half of the southwest quarter of section l0, Township 7 North, Range 69 West, and more particularly described as follows to- wit:Commencing at a point 726.1.-feet south of the north west corner of the esat half of the south west quarter of said section; thence running 2985 feet to the center line of the Larimer County Canal No. 2; thence along the center line of said canal south 140 30" east 300 feet; thence south 280 east 574 feet; thence south 30 30' west 450 feet; thence south 420 40' west 350 feet; thence south 60 30' west 137 feet to a point 251.1 feet north of the south line of said section, thence west and along the north line of the lands 6f Sarak Groh to the west line of the east half of the south crest quarter of said section 10; thence north to place of beginning, is the same tract of land covered by Ordinance No. 5, which was authorized to be purchased by a vote of the people at the election held on April 22 1907 , and that said tract can now be purchased for the sum of 010000.00 less than the 'original purchase price. Unless the offer is accepted the owner will dispose of this property to others who are willing to tkae it at that price. The offer of the present owner is hereto attached and made a part of this report. In these circumstances, if upon ex urination of the law it is found that the Council would be authorized in making this purchase and issuing bonds in payment therefor, under the ordinances of 1907 heretofore mentioned, I would respectfully recommend that the purchase of these lands be made without further delay, for the reason that, in my opinion, it would be to the best interests not only of the City, but for the future development of the park lands of the cty. And certainly the City will never be able to acquire these lands at a less price. Respectfully Submitted D. C. Armitage Dated Fort Collins Colo. Commissioner of Public Works November 6, 1913. Fort Collins, Colorado November 6, 1913 To the Honorable the City Council of Fort Collins: Gentlemen: I hereby offer to sell to the City of Fort Collins all that property known as Prospect Park, and more particularly described as follows: Being a portion of the east half of the southwest quarter of seetio 10 Township 7 North, Range 69 West, and more particularly described as follows, touwit: Cormnencing at a point 726.1 feet south of the northwest corner of the east half of the southwest quarter of said section; tl-ence running 2958 feet to the center line of the Larimer County Canal :o. 2; thence along the center line of said canal south 140 30' east 300 feet thence south 28o east 574 feet; thence south 30 30' west 450 feet; thence south 42o 40' west 350 feet; thence south 6o 30' West 137 feet to a point 251.1 feet north of the south line of said section, thence west and along the north line of the lands of Sarah Groh to the ivest line of the east half of the south west quarter of said Section 10; thence north to place c•f beginning, together with and including one (1) share of the capital stook of the New Mercer DItch Company and the use of laterals for the irrigation of said lands, all for the sum of $10,o00.00 net to me to be paid to me upon delivery of the deed and abstract of title showing perfect title to said property. This offer will hold good for the period of 55 days. Respectfully Submitted The roll being called the vote stood as follows: Alexander w. Scott. Ayes Commissioner Clammer, Armitage and Edwards Nays Commissioner.. .. .. .. All commissioner voting in the affirmative the motion was carried and so de- clared by the President. Moved by oonnissioner Armitage and seconded by commissioner Edwards that the following resolution be adopted. Resolved by the City Council of the City of Fort Collins that the matter of the purchase of the lands known as Prospect Park and upon which a report has been made by the Commissioner of Public Works, be referred to the Commissioner of Finance and the City Attorney, with instructions to report at the next regular meet- ing upon the following propositions.' 1. Whether under the ordinances passed and adopted in 1907s known as Ordinances Nos. 5 and 69 authorizing the purchase of Prospect Park lands, the Council is authorized and empowered to make such purchase. Records of the City Council 503 6th Day of November, 1913- I 9 I 2 Whether under ordinance No. 9 of the series of 1907 the City Council has authority to cause to be itsued park bonds to the amount required to purchase Prospect Park under the offer by A. W. Scott. 3. If it is found that sufficient authority in law exists both for the purchase of said park lands and the issuance of bonds, to report back the necessary re- solutions to be adopted by the City_ Council ,authorizing said purchase and the issuance of the bonds therefor. The roll being called the vote stood as follows. A.es Commissioner Clammer, Armitage and Edwards. Nays Commissioner All commissioners voting in the affirmative the motion was carried and so de. Glared by the President. Whereupon Council adjourned to Monday at 7.30 P. M. President Attest ity Clerk.