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HomeMy WebLinkAbout011 - 06/21/1929 - RELATING TO THE CREATION OF NORTH MACK STREET IMPROVEMENT DISTRICT NO. 38 (EMERGENCY ORDINANCE) ORDINANCE NO , 1929 BEING AN EMERGENCY ORDINANCE RDLATING TO CREATION OF NORTH MACK STREET IMPROVEIIENT DISTRICT NO 38, IN THE CITY OF FORT CQLLIi4S PROVIDING FOR THE CONSTRUCTION OF IT'IPROVEVENTS THT?EIN AFT) AUTT10RIZING THE ISSJANCE OF BONDS TO PAY TAE COST OF CONSTRUCTIOh THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That pursuant to a petition duly filed and presented to the City Council on the 26th day of April, A D 1929 which said petition was duly and regularly signed by the owners of more than one-third of the frontage in the proposed district as evidenced by a resolution of the City Council duly passed and adopted on the loth day of May A D 1929 there is hereby created and organized an improvement district under and by virtue of the pro- visions of Ordinance No 7, 1921 relating to local public improve- ments passed and adopted April 2, 19?1, as amended by Ordinance No 9, 1926 to be known as North Mack Street Improvement District No 38, comprising the lots and blocks and lands abutting on said street as follows to-wit Lots 2 3 169 17, 18, 19 20, 25 26, 28 29 30 and 31 all in rTorger-Smith Subdivision in the City of Fort Collins Colorado being 'Tack Street from the North lire of West Tlountain Avenue to the South line of Laporte Avenue in said city Section 2 That the said petition prayed for the improvement of the said district by grading, guttering, curbing -raveling, and draining where necessary of the street area in said proposed district for a distance of approximately thirty (30 ) feet between curbs said street area to be graveled with four (a) inches of gravel the same as was installed in Whedbee Street Improvement District No 33 which said petition was made and filed under the provisions of Ordinance No 7, 1921, as amended by Ordmnance No 9, 1926 and that the plans and specifications together with the map prepared by the City Ergineer be and the same are hereby adopted as the map, plans and specifications for said district, and said work of construction cf -1- 1 � said improvements is hereby ordered to be done in accordance there- with as provided by law, together with the estimated cost of the construction of said improvements amounting to $3354 03 the total frontage is 1105 feet the cost per front foot is S? 9056742 and the cost per front foot for alley intersections is $0 129647 and the estimated cost of a lot 50 feet by 140 feet is as follows Frontage �145 28, alley intersections a6 48, making a total of $151 76 and which amount of $3354 03 includes the cost to be assessed against the property owners for the improvement of the said district , and all to be assess-d 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 by Ordinance No 9 1926 Section 3 That pursuant to the requirements of the resolution of the City Council duly adopted on the 17th day of May A D 1929 due notice was given to the owners of property to be assessed, by due and lawfi 1 publicatior in + -le Fort Collins Express-Coarier, a daily newspaper of general circulation in the City of Fort Collins for a period as required by law as shown by the proof of publication on file in the office of tYe Citv Clerk which said notice was to the owners of 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 , as shown by the estimate of the City Engineer, and to the further effect that on the 21st day of June A D 19299 at eight o'clock in the forenoon, in the Council Chamber in tihe City Fall 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 owier of any real estate to be assessed, that in pursuance of the said notice the said City Council did sit to hear complaints at said -2- meeting held on the 21st day of June , A D 1929 and that no com- plaints in writing concerning the proposed improvements ra.d then and there ueen filed with the City Clerk Section 4 The City Council finds that all the requirements of the statute respecting the xe tition for said improvements and the resolutions and notices required by law to be given in respect thereto 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 improvement of North Mack Street Improvement District No 38 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 bonds of the City of Fort Collins are hereby authorized to be issued by the Commissioner of Finance and Ex-Officio Treasurer of the City of Fort Collins, which said bonds shall bear date at such time as may be fixed by the City Treasurer after the work of Bomp improvPment has been commenced in said district but said date shall be uniform for all bonds issued and in 9vch form as may be approved by zhe City Council aft-r submission by the Commissioner of Finance said bonds shall bear the name of North JTack Street Improvement District No 38 of the Citir of Fort Collins, and shall be pad able in ten (10) annual installments, teh (10%) per cent thereof payable in each and every year during said period and shall bear interest at the rate of five (5%) per cent per annum, payaule semi-annually said interest to be eiidenced by coupons attached to the principal bond and attested by the fac simile signature of the City Clerk, which said bonds ahALll be in denominations of (571�W_O Rundred ($ ;?. Dollars each Each of said bonds shall be subscribed by the Commissioner of Safety and Ex-Officio Mayor, countersigned by zhe Commissioner of Finance and Ex-Officio City Treasurer and attested by the City Clerk with the corporate seal of the City and registered -3- 0 a with the Citv Treasurer and shall be delivered from time to time as required for the payment of the work herein provided Said bonds shall be redeemable out of the moneys collected on account of the assessments made for said improvements all moneys collected from said assessments or from the sale of bonds for said improve- ments shall be credited to North Mack Street Improvement District No 38 and the funds so collected shall only be used for the payment of the work of construction of said improvements and the interest thereon Said bonds shall be numbered from 1 to inclusive, and shall be redeemable consecutively according to number and in the orde of issuance Said bonds shall only be issued and delivered by the City Treasurer on estimates and order of the City Engineer signed and approved by the Commissioner of Safety and Ex-Officio Mayor when said estimates nave been duly audited and approved by the City Council and ordered paid All of said bonds shall be absolutely due and payable ten (10) years after the date of issue but shall be subject to call and payment at any time prior thereto, as provided in Section 27 of Ordinance No 7, 1921 as amended by Ordinance No 9 1926 Pursuant to the power and authority contained in Section 29 of Ordinance No 7 1921 the payment of all the bonds issued by virtue of this ordinance is hereby guaranteed by the City of Fort Collins Section 6 Said bonds and the coupons attached thereto shall be in substantially the following form UNITED STATDS OF AivIERICA STATE OF COLOPADO CITY OF FORT CGLLINS NOTITH MACK STREET ITTROVETTENT DISTRICT ITO 38 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 to the bearer hereof, the sum of Dollars in lawful money of the United ntates , at the o ice of the City Treasurer, of said City on the day of , 19 subject to call and payment , however at any time prior thereto, as provided in the -4- i amendment of Section 1 of Article XVII of the City Charter passed and adopted April 6, 1920, and Ordinance No 7, 1921 relating to local public improvements as amended by Ordinance No 9 1926 with interest thereon from date until payment at the rate of five (5%) per cent per annum payable semi-annually on the day of , and the day of , aT_TFe office-UT-Me- City Treasurer of-TFE-City of Fort Co fins, 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 the local improvement in TNTorth Mack Street Improvement District No 38, by virtue of and in full conformity with the amendment to Section 1 of Article XVII of the City Charter, passed and adopted April 6, 1920 and Ordinance No 7 1921 relating to local public improvements, as amended by Ordinance No 9, 1926 This bond is payable out of the proceeds and special assessments to be levied upon the real property situate in the City of Fort Collins esDecially benefitted by said improvements , and the amount of the assessments 6o to be made upon the real estate in said district for the payment +hereof 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 said lien having priority over all other liens, except other bonds heretofore issued by said City and the lien of general taxes but payment of said bonds is guaranteed by the City of Fort Collins as provided by ordinance 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 of said improvements nor the amount authorized uy law and it is further certified and recited that etery requirement of law relating to the creation of said North Mack Street Improvement District No 38 the making of said local improvement 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 urecedant to and in the issuance of this bond to render the same la% ful and valid have happened and been properly done and performed and did exist in regular and due form, time and manner as required by law In Testimohy Whereof The said City of Fort Collins has caused this bond to be subscribed 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 Cl-rk under the seal of said City and the interest coupons thereto attached to oe attested by the fac simile signature of the City Clerk as of the day of 19 Commissioner of Safety an x-Officio Tiayor COUNTiaSIGNED ommissioner of Finance an E-z-Officio City Treasurer ATT_= City ler (Form of Coupon) No On the day of 19 thee TTE-y— of Fort Collins will nay to the bearer Dollars in lawful money of the United States at the office of he City Treasurer of Fort Collins Coloiado , being six months ' interest on its local improvement bond dated , 19 issued for the construction of the locai improvement sown as (forth A ack Street Improvement District ITo 38 provided this bond shall not have been heretofore paid Attached to Bond No City Clerk Section 7 The Commissioner of Finance and Ex-Ofticio Treasurer is hereby authorized and directed to rave printed a sufficient number of bonds of the denomination of 071-—11- D Hundred (O „ 66 0 ) Dollars each numbered from 1 to / 7 inclusive as is requiiree'd`-two—maet the estimated cost of said imu'r`oveemments as herein provided and when said bonds snall have been duly prepared they shall be retained by the City Treasurer to be issued and del r- (-ed from time to '_-r as hereinbefore provided Section 8 1henever considered prudent by the City Treasurer he is hereby authorized and empowered whenever funds may be in his hands to the credit of 1�orth Mack Street Improvement District No 38 including six months ' interest on the unpaid principal, to advertise for five 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 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 talrin; effect of this ordinance , the Commissioner of Safety and Ex-Officio Yayor 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 advertisement shall rot be less than ten -6- t 0 1, i 0 days in the official 4ewspaper published in the City of Fort Collins and all bids received under said advertisement shall oe submitted to the City Council for approval or rejection and no contract shall be awarded to excess of the City Engineer's estimate of the cost of said improvements After the c ontract 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-Officeo 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 in the immediate charge control and supervision of the City ,ngineer 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 shalt contain a clause to the efrect that it is subject to the provisions of the charter and of the laws under which the City of Fort Collins exists and of this ordinance and the provisions of Ordinance No 7 1921 relating to local public improvements, as amended by Ordmnance No 9, 1926 and that the agreed payment shall not exceed the estimate of the City Engineer and the amount appropriated, and that upon ten (10) days notice the work under said contract , without cost or claim against the City of Fort Collins may be suspended for substantial cause and upon complaint of any owner of real estate to be assessed for the improvements that the improvements are not being constructed in accordance with the contract then the City Council may consider the complaint and make such order as may be just and the decision 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 the said district to be accepted by the contractor at par, or Wheth,r payment shall be made to the contractor in money -7- I ta I 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 Commissioner of Public Works and the City Engineer acting for said city Section 10 When the said public improvement in North Mack Street Improvement District No 38 shall have been completed a-rid 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 th-reof shall be assessed upon the lots or tracts of land abutting upon said North Mack Street Improvement District No 38 in nronortion as the frontage of each lot or tract of land is to the frontage of all the lots or tracts of land so improved which assessments what so -eported by the City Engineer and approved by the City Council shall be assessed against the property in said improvement district by an ordinance to be adopted as provided by law Section 11 In the event the contractor shall be paid in bonds then for the purpose of paying for engineering and other clerical expenses and the cost of inspection upon the approval of the City Council the Commissioner of Safety and Ex-Officio Mayor is authorized to advertise for not less than ten (10) days in the official newspaper of said city, and sell sufficient of daid bonds to pay for the engineering and other clerical expense including the cost of inspection, and in the event that the work is ordered to be done by the Commissioner of Pubic Vorks by day labor may sell the entire bond issue at not less than par, which said bonds shall not -8- Y r1 r 1 M bear interest to exceed five (50) per cent per annum to be paid semi-annually evidenced by coupons bearing the fac simile signature of the City Clerk, all in accordance with Section 27 of Ordinance No 7 1921, as amended by Ordinance No 9 1926 Section 12 This ordinance shall be irrepealable until the indebtedness herein provided for whenever the same shall be created shall have been duly paid shtisfied and discharged as herein provided Section 13 In the opinion of the City Council an emergency exists for the preservation of the public health peace and safety and this ordinance shall take effect upon its passage and publication, under and by virtue of the authorit7 contaire d 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 21s t day of June, A D 1929 omm ssi.oner or Sar cic Mayor ATTEST "5v City Clerk -9- r 4 r 0 STATE OF COLOR ADO ) SS COUNTY OP LARITTER ) I A J ROSENO11 City Clerk of the City of Fort Collins do hereby certify and declare that the foregoing ordinance consisting of thirteen (13) sectinns was duly proposed and read at length at a regular meeting of the City Council held on the 21st day of June A D 1929 and was duly adopted and ordered published in the Fort Collins Express-Courier, a daily m wspaper and the official newspaper of the City of Fort Collins by the unanimous vote of all the 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 of the City of Fort Collins and th reafter and on to-wit the ,9-6 -1 day of June A D 1929 said Ordinance No / I was duly published in the Fort Collins Express-Courier a daily newppa-oer published in the City of Fort Collins Colorado IN WITIIESS NH-PEOF I have hereunto set my hand and affixed the seal of said City this S day of June A D 19P9 City Cleric -10- i (lVl ZONING ORDIITANCL CITY OF RORT COLLIN3, COLORADO cCrary, Culley & Carhart , Denver, Colorado,------ --- Consultants --------------