HomeMy WebLinkAbout019 - 12/11/1936 - PROVIDING THAT THE PROCEEDS OF ANY SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF CURBING AND GUTTER INSTA ORDINANCE NO 19 1936
BEING AN EMERGENCY ORDINANCE PROVIDING THAT
THE PROCEEDS OF ANY SPECIAL ASSESSMENTS
LEVIED ON ACCOUNT OF CURBING AND GUTTER
INSTALLATION IN CONSOLIDATED IMPROVEMENT
DISTRICT NO 41 OF THE CITY OF FORT COLLINS,
BE APPLIED SOLELY TO THE PAYMENT OR REDEMP-
TION OF ANY BONDS HEREAFTER ISSUED IN THE
NAME OF CONSOLIDATED IMPROVEMENT DISTRICT
NO 41
WHEREAS, by proceedings taken in conformity with and
pursuant to Ordinance No 7 of 1921, there was created a special
improvement district of the City of Fort Collins known and
designated as Consolidated Improvement District No 41, which
district was created for the purpose of surfacing the streets
within the boundaries of said district with a two and one-half
inch mat composed of earth, gravel, sand and oil, in such
proportions and combined in such manner as was specified in
the specifications of the City Engineer, and for the further
purpose of ordering in of curbing and gutters along said
streets so to be improved in conformity with the ordinances
of said city, and
WHEREAS, some question arose relative to the validity
of the proceedings in so far as the same related to the order-
ing in of curbing and gutters and, in order to obviate said
question, further proceedings were taken pursuant to and in
full conformity with Ordinance No 6 of 1930, wherein and
whereby the construction of said curbing and gutters and the
levying of assessments upon the abutting property to defray
the cost of the same, were authorized; and
WHEREAS, a question has now arisen whether said
supplementary proceedings so taken pursuant to Ordinance No 6
of 1930, are sufficient to permit the City of Fort Collins to
issue special assessment bonds, payable out of the special
assessments so authorized; and
WHEREAS, the City of Fort Collins proposes to issue
its special improvement bonds in the name of Consolidated
Improvement District No 41; and
WHEREAS, it is desirable that said bonds, when issued,
be payable not only out of the special assessments levied 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 upon the streets which
have been curbed and guttered pursuant to the proceedings here-
inabove described:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FORT COLLINS:
1 That any special assessments levied upon any
real property in the City of Fort Collins pursuant to that cer-
tain resolution of the City Council of the City of Fort Collins
duly passed, adopted and approved on the 8th day of May, 1936,
when collected, are hereby ordered to be deposited by the
City Treasurer to the credit of Consolidated Improvement Dis-
trict No 41 of the City of Fort Collins, in the same manner
and with the same effect as any otherfUnds derived from any
other assessments are deposited to the credit of such account
2 That the proceeds of any such special assessments,
when so deposited by the City Treasurer, shall be used and
applied by him in the same manner as any other funds in said
account, for the payment of the principal and interest upon
or the redemption of any bonds hereafter issued by the City
of Fort Collins in the name of Consolidated Improvement Dis-
trict No 41
2
3 Any bonds hereafter issued by the City of Fort
Collins in the name of Consolidated Improvement District
No 41, are hereby declared to be payable out of the proceeds
of any such special assessments; provided, however, that
nothing herein contained shall be construed to prevent the
payment of said bonds out of any other funds required by law
to be deposited in the account of Consolidated Improvement
District No 41
4 The proceeds of any such special assessments
are hereby appropriated to the payment of the principal and
interest upon, or the redemption of, any bonds hereafter
issued by the City of Fort Collins in the name of Consolidated
Improvement District No 41
5 This ordinance shall be irrepealable until all
bonds issued in the name of Consolidated Improvement District
No 41 of the City of Fort Collins have been paid or redeemed
6 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 on its passage
and publication, under and by virtue of the authority con-
tained 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
lath day of December, 1936
Co sioner Safety and
-officio Mayor
(SEAL)
Attest:
City Clerk
3
STATE OF COLOPD00 )
ss
County of Larimer )
I I D McINTYRE City Clerk of the
City of Fort Collins do hereby certify and declare that the
foregoing Ordinance consisting of six (6) sections was duly
proposed and read at length at a regular meeting of the City
Council held on the llth day of December , A D 1936 , and was
duly ado-oted and ordered published in the Fort Collins Express-
Courier, a daily newspaper and the official newspaper 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 15th day of
December A D 1936 said Ordinance No 1— was duly
published in The Fort Collins Express-Courier a daily news-
paper published in the City of Fort Collins Colorado
IN WITNESS T'MREOF I have hereunto
set my hand ana affixed the seal of said City, t'Zis 15th day
of December I- D 193o
City Clerk