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HomeMy WebLinkAboutMINUTES-11/13/1913-AdjournedRecords of the City Council, 13th Day of November, 1913 191 505 At and adjourned regular meeting of the City Council of the City of Fort Collins held at the City Hall on November 13th A. D. 1913 the following proceedings were had. Present Commissioners Clammer, Armitage and Edwards. City Attorney Annis. Moved by 'Commissioner Armitage and seconded by commissioner Edwards that the following ordinance do new pass on first reading and have the same published according to law. Ordinance No. 1913 Relating to Clair-oyance, Fortune Telling and Like Practices. The roll being called the vote stood as follows. ?yes Commissioners Clammer, Armitage and Edwards. Nays Commissioner.. All co_missiones voting in the affirmative the motion was carried and so declared by the President. Moved By Commissioner Edwards that the following report be accepted same seconded by Commissioner Armitage. REPORT OF SPECIAL COMMITTEE RESPECTING THE MATTER OF THE PURCHASE OF LANDS KNOWN AS PROSPECT PARK FOR PARK PURPOSES. TO THE HONORABLE CITY COUNCIL OF THE CITY OF FORT COLLINS: GEPITL121EN : The undersigned; a Special Committee to investigate the matters covered by the report of the Commissioner of Public Works respecting the authority to purchase what is known as Prospect Park land, begs leave to submit the following report: 1. After a thorough examination of the records of the City Council respecting Ordinances 'Tos. 5 and 6 of the series of 1907, authorizing the purchase of Prospect Park lands, we are of the opinion that the present Council is authorized and empowered to purchase said park lands. 2. We further find that under the authority of Ordinance No. 9 of the series of 1907, the City Council at a meeting held on the 2d day of March, 1908, received a report from the Finance Committee in which the committee reported that under authority of a resolution adopted by the City Council on October 21, 1907, it was unable to acquire both tracts of land, the purchase of which was authorized under Ordinance N0.5 1907, for the said issue of bonds of $ 47080.00, it appearing from said report that the land known as Prospect Park owned by the Park Amusement Company was encumbered, and the officers of said company being unable to use the bonds of the city in satisfac- tion of such encumbrances, the committee further provided that it had been unable to sell said bonds or any part thereof at a price sufficient to purchase both said tracts at the pries agreed upon. They further reported that A. W. `cott,Trustee, had agreed to take 25080.00 of the bonds of the city for sixty acres of the park lands, of the issue of 47080.00 authorized at the election of April 2, 1907- Thereupon the report of the Finance Committee was accepted and the Finance Committee authorized to issue $. 25080.00 in park bonds to Scott upon the examination of the conveyance of the lan s, and thereafter at a meeting of the Council held on March 25, 1908, the Finance Committee was authorized and instructed to issue $ 25000.00 in park bonds and the $ 80.00 to be paid in cash to avoid the issuance of a bond for $ 80.00. 'In pursuance of this author- ity granted to the Finance Committee, park bonds bearing date April 1, 19080 in the 'amount of $ 25000.00 were duly issied and delivered to A. W. Scott, said issue consisting of a series of 1 to 40 inclusive, Nos. 1 to 10 inclusive being in the denomination of $1000.00 each, and Nos 11 to 40 inclusive being for $ 500.00 each, and they were denominated "First Series of Park Bonds", all being five per cent interest payable semi-annually and represented by interest coupons attached. We further find that no action has been taken by the City Council since said last mentioned 'date respecting the park bonds or the purchase of Prospect Park, except to provide for the levy of a millmtax to pay the interest on said bonds. 3. The authority of the passage of Ordinances Nos. 51 6 and 9, and submitting the same to a vote of the people, is found in an act of the General Assembly approved April 10, 19051 entitled " An act authorizing cities of the first or second class to acquire, establish and maintain public parks or pleasure grounds, boulevards, parkways avenues, driveways and roads, establishing a park commissione and defining its powers and duties, and repealing all acts inconsistent therewith." The Park Commission provided for in said act has been abolished by Article 12 of the Charter, and all the powers and duties of the park com fission are now vested in the Council. The authority and power granted by Ordinances 5, 6 and 9 never having been repealed by any ordinance or rescinded by any legislative enactment prior to the adoption of the Charter, we are of the opinion that they are still in full force and effect, and the present Council is fully endowed with power and authority to make the purchase and issue bonds for the. purchase of the proposed park lands. We therefore recommend that the offer of A. W. Scott to sell to the City of Fort Collins the lands described in said offer for the sum of $ 10000.00 be accepted by the Council, and the commissioner of Finance be authorized to prepare and negotiate the sale of' the bonds authorized by Ordinance No. 9 of the series of 1507; and for the purpose providing for said acceptance and completion of the purchase of the Prospect Park lands, the committee has prepared resolutions which are submitted with this report Dated Fort Collins, Colorado, November 13, 1913. Alfred A. Edwards Commissioner of Finance Frank J. Annis City Attorney The roll being called the vote stood as follows. Ayes Commissioners Clammer, Armitage and Edwards. Nays Commissioner.. .. .. .. .. .. .. - All commissioners venting in the affirmative the motion was carried and so declared by the President. 506 Records of the City Council, 13th Day of November, 1913 191 fM.<. f.MMCNLL i. q..CO. OiMViR. iiWi - _ 0.xa,O`Qu� Moved by commissioner Edw..rds and seconded by Commissioner Armitage that the following resolution be adopted. Whereas, under ordinance No.S of the series of 1907, being " An Ordinance submitting to the qualified electors of the city of Fort Collins the question of the purchase of certain lands for park purposes," said ordinance was duly submitted to the electors of the City of Fort Collins at the general elec- tion held on the 2d day of April 1907, and was duly adopted by a majority vote of the qualified electors at said election; and Whereas, at said election of. April 2, 1907s another ordinance was submitted to .the qualified electors of said city, being ordinance No.6 of the series of 1907, being " An ordinance submitting to the qualified electors of the City of Fort Collins the question of incurring an indebtedness and issuing bonds for the payment of park lands," which ordinance was duly approved b,a majority vote of the qualified electors at said election; and Whereas, in pursuance of said approval of said ordinances the City Council of the City of Fort Collins on.the 27th day of May 1907, passed and adopted what is known as Ordinance No. 9 of the series of 1907, and ordinance providing for the contracting of an indebtedness by the City of Fort Collins a upon the credit thereof, by the issuance of negotiable bonds of said city in the sum of $ 47080-00.for the purchase of land for the purpose of public park;and Whereas, in pursuance of the authority contained in said ordinance the City Council consumated the purchase of one of the tracts of the said pro- posed purchase of park lands by the issuance of park bonds of the City of Fort Collins in the sum of $ 25000.00, bearin6 date April 1, 1908s bearing interest at the rate of five pre cent per annum,' and the principal thereof redeemable in ten years and absoiutely due and payable in fifteen years after the date thereof, and the title thereof to said portion of park lands was duly conveyed to the City of Fort Collins and the City is now the owner thereof; and Whereas, no action has been taken by the City Council since said time to acquire what is known as the Prospect Park lands, authorized to be purchased by the above entitled proceedings, and no further issuance of bonds has giver been made by the City Council under and by virtue of the authority of Ordinance No.9 Series of 1907 and Whereas, on the 6th day of November, 1913 the Commissioner of PUblic Wcrks reported to the City Council that the said prospect par.: lands could be purchased for the sum of 0 10000.00and submitted with said report an offer of the owner thereof, A. W. Scott, to sell to the city the said park lands for the sum of $a 10000.00; Now Therefore Be It Resolved by the City Council of the City of Fort Collins that the offer of A. W. Scott to sell to the City of Fort Collins the following described lands for park purposes be and is hereby accepted: A portion of the east half of the southwest quarter of section ten (10), Township seven (7) North, Range sixty-nine (69) West, more particularly described as follows, to -wit: Commencing at a point 726.1 feet south of the northwest corner of the east half of the southwest quarter of said section, thence east 958 feet to center line of the Larimer County Canal No. 2, thence along center line of said canal south 140 30' East 300 feet, thence south 28° east 574 feet, thence south 30 30' west 450 feet, thence south 42° 40' West 350 feet, thence south 6' 30' west 137 feet to point 251.1 feet north of the south line of said section 10, thence west along the north line of land of Sarah Groh to west line of theeast half of the south west quarter of said .Section 10, thence north to place of beginning, Also a strip of ground lying between the east line of land owned by Sarah Groh and the Center line of the Larimer County Canal No. 2 as a right of way to the land hereby conveyed all in the County of Larimer and State of Colorado. Together with and including one share of the capital stock of the New Mercer Ditch Company and the use of later..ls for irrigation of said land; and that the Commissioner of Finance and supplies and ex-Officio dity Treasurer of the City of Fort Cc llins be and -is hereby authorized and empowered to complete said purchase under the authority herein granted by the preparation and issuance of the bonds of the said City in the sum of e 10,000.00 under and in pursuance of the authority conferred by Ordinance No.9 of the series of 1907, which said bonds shall bear interest at the rate of five per cent per annum, payable semi-annually at the office of the City Treasurer, and shall be sealed with the corporate seal of said City, signed by the Mayor, attest- ed by the City Clerk and countersigned by the City Treasurer , and shall be in such form, denomination, and negotiated , registered and redeemed in such man- ner as the Commissioner of Finance shall direct. Said bonds shall be absolutely due and payable within fifteen years after the date thereof, and shall be redeemed at the option of the said City at any time after ten years from the date thereof and when so prepared and executed by the* proper city officers, the said Commis- sionetoof Finance ll said and bonExatfnotilessCity thanTreasurer is hereby authorized and empow- area the par value thereof, and with the proceeds derived from the sale of said bonds to pay over to A. W. Scott the sum of $ 10,000.00 upon the execution and delivery of a good and sufficient warranty deed together with an abstract of title in him free and clear of all encumbrances, to s_Lid above described tract of land; and the ex pense of the preparation and is- suanoe of said described bonds shall be paid out of the park funds of said City. The roll being called the vote stood as follows. Ayes Commissioners Claimer, Armitage and Edwards Nays Commissioner.. .. ALL commissioners voting in the affirmative the motion .as carried and so de - Whereupon by the President. Whereupon Council 4djourned. �.�President Attest rX2L City Clerk.