HomeMy WebLinkAbout008 - 04/17/1936 - RELATING TO THE CREATION OF CONSOLIDATED IMPROVEMENT DISTRICT NO. 41 (EMERGENCY ORDINANCE) r
ORDINANCE NO 8, 1936 )
being an emergency ordinance relating to the creation of Consoli-
DATED IMPROVEMENT DISTRICT NO 41 PROVIDING FOR THE CONSTRUCTION
OF IMPROVEMENTS THEREIN) AND AUTHORIZING THE ISSUANCE OF BONDS TO
PAY THE COST OF CONSTRUCTION THiREOF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS
Section 1 That pursuant to nine petitions , duly
filed and presented to the City Council between the 26th day of
December , 1935 and the 7th day of February, 1936 , which said
petitions were referred to the City Engineer for investigation
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 nine
petitions should be consolidated and considered as one petition
for all purposes And the City Council, by Resolution duly
adopted on February 21, 1936 , ordered the consolidation of said
nine petitions into one petition for all purposes , and there is
hereby created and organized 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 41, comprising the lots and blocks and lands abutting
on the following streets , to-wit
On South McKinley Avenue
Blocks 3 and 4 , Scott Sherwood Addition
On West Olive Street
Blocks 82 and 83, City of Fort Collins
On West Magnolia Street
East half of Block 73, Blocks 83 and 93, the East
129 3 feet of Block 74, Blocks 84 and 94, City of
Fort Collins
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West Mulberry Street
East half of Block 277 and Block 267 , Loomis
Addition, East half of Block 2 and Block 3,
Westlawn Addition, Blocks 74, 842 942 104, 114,
752 851 951 105 and 115 , City of Fort Collins
East Mulberry Street
Blocks 124 and 125 , City of Fort Collins
West Myrtle Street
Blocks 95 and 96 , Gity of Fort Collins
West Laurel Street-an 116
Blocks 96 , 1062 the North 5 feet of Colorado
Agriculture College Campus , east from Meldrum
Street extended to College Avenue
Canyon Avenue
Block 74 , City of Fort Collins
South Loomis Street
North 134 29 feet of Block 2 and North 133 48 feet of
Block 3, Westlawn Addition The South 55 84 feet of
Block 277 and South 56 57 feet of Block 267 , City of
Fort Collins
South Whitcomb Street
South 59 48 feet of Block 267 , Loomis Addition, Block
3 Westlawn Addition and Block 75 , City of Fort Collins
South Sherwood Street
Blocks 72 , 732 82 and 83 , City of Fort Collins
South Meldrum Street
Blocks 82 , 831 840 85 , 869 870 92 , 93, 94, 95 and
961 City of Fort Collins
East Laurel Street
Blocks 136 , 146 , 156 , 137 , 147 and 157 , City of Fort
Collins
Mathews Street
Blocks 137 and 147 City of Fort Collins
Peterson Street
Blocks 147 148 , 149 1571 158 and 159 , City of Fort
Collins
Elizabeth Street
Blocks 129 , 139 , 149 , 1591 169 , 179 and Blocks 6 , 51
4, 3 2 and 1 of Crafts' Resubdivision of Lake Park
Addition
Garfield Street
Blocks 6 and 7 , Crafts' Resubdivision of Lake Park
Addition
Remington Street
Blocks 6 and 5 , Crafts' Resubdivision of Lake Park
Addition, South 413 4 feet of Block 6 , the South 413 4
feet of Block 7 , L C Moore' s Second Addition
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r
Section 2 That the said petitions prayed for
the improvement of the said district by grading and surfacing
with a mixture of oil and gravel , approximately two ana one-half
inches in thickness, and the curbing and guttering where necessary,
of the entire 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 provisions 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 map , plans and
specifications for said consolidated district , and said work of
construction of said improvement is hereby ordered to be done in
accordance therewith, as provided by law, together with the esti-
mated cost of the construction of said improvement, amounting to
$16 ,610 49 for surfacing and $7 ,028 60 for curb and gutter, or
a grand total for both surfacing and curb and gutter of $23 ,639 09 ,
the total frontage is 31 ,700 feet , of which 30 ,940 lineal feet is
along streets requiring a surfacing of 55 feet in width and 760
lineal feet along a street requiring surfacing 32 feet in width,
that the total amount of yardage of oil surfacing material is
114,280 square yards that the present amount of curb and gutter
required is 11,300 feet and gutter alone 4100 feet that the cost
per front foot on streets where the surfacing is 55 feet in width
is estimated at 52 7¢ per front foot, that the cost per front foot
on the street where the surfacing is 32 feet in width is estimated
at 33 5¢ per front foot that the above figures include allocation
against the entire cost for street intersections , that the above
figures are based as above stated on obtaining Federal Aid through
GY P g in carrying out the improvements that if the same should
be done by private contractors , it is estim&ted the cost would be
approximately four times the amounts above specified, that as an
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example the following is a statement of the estimated costs for
a lot having a 50 foot frontage for the various widths above
mentioned to-wit for a lot having a 50 foot frontage where the
width of the surfacing is 55 feet , $26 35 , for a lot having a 50
foot frontage where the width of the surfacing is 32 feet , $16 75 ,
and all costs 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 ana 8 of
Ordinance No 7 , 1921 , as amended and the total cost of the improve-
ment of the street will be assessed against the property abutting on
said streets , but no amount shall be assessed against the City
Section 3 That pursuant to the requirements of
the resolution of the City Council duly adopted on the 13th day of
March A D 1936 , due notice was given to the owners of the
property to be assessed, by due and awful publication in The
Fort Collins Express-Courier , a daily newspaper of general cir-
culation 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
the City Clerk, which said notice was to the owners of the 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 17th day of April A D 1936
at seven o ' clock A M in the City Council Chamber in the City
Hall of the City of Fort Collins , the City Council would hear and
determine all complaints and oblections that might be made and
filed in writing concerning the proposed improvements by the owner
of any real estate to be assessed, that in pursuance of the said
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notice , the said City Council did sit to hear the complaints at
said meeting held on the 17th day of April , A D 1936 , and that
no complaints in writing concerning the proposed improvements had
then and there been filed with the City Clerk
Section 4 The City Council finds that all the
requirements of the statute respecting the petition for said impro-
vements 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 Consolidated Impro-
vement District No 41 as provided for in the map , plans and speci-
fications 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 , less any Federal assistance received, bonds of
the City of Fort Collins are hereby authorized 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 at such time as
may be fixed by the City Treasurer after the work of improvement has
been commenced in said district , but said date shall be uniform for
all bonds issued , and in 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 41,
of the City of Fort Collins , and shall bear interest at the rate
of six per cent (6%) per annum, payable semi-annually, said interest
to be evidenced by coupons attached to the principal bond and attested
by the fac simile signature of the City Clerk, which said bonds shall
be in denominations of Hundred
(0 ) Dollars each Each of said bonas 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
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by the City Clerk with the corporate seal of the City, and
registered with the City Treasurer , and shall be delivered from
time to time as required for the payment of the work herein pro-
vided , or the City Council , in its discretion, may sell said bonds
to pay such cost in cash , as provided in Ordinance No 7 , 1921, as
amended 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
improvements shall be credited to Consolidated Improvement District
No 41, and the funds so collected shall only be used for the pay-
ment of the work of construction of said improvements and the
interest thereon Said bonds shall be numbered from one to
inclusive , and shall be redeemable , consecutively, according to
number and in the order 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 have been duly
audited and approved by the City Council and ordered paid All of
said bonds shall be absolutely due and payable five (5) 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 Pursuant to the power
ana authority contained in Section 29 of Ordinance No 7 , 1921,
relating to local public improvements , as amended, the payment
of all the bonds issued in pursuance of this ordinance are 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 STATES OF AMERICA
STATE OF COLORADO
CITY OF NORT COLLINS
CONSOLIDATED IMPROVEMENT DISTRICT NO 41
NO
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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 States , at the office of the City Treasurer
of said City, on the day of , 19_, subject
to call and payment , however, at any time prior thereto , as pro-
vided in 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, with
interest thereon from date until payment at the rate of six
(6%) per cent per annum, payable semi-annually on the
day of , and the day of , at the
office of e i y and
of the City of Forto lins , 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 Consolidated Improvement District
No 41 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 This bond is payable out of the proceeds
®f special assessments to be levied upon the real property situate
in the City of Fort Collins in said Consolidated Improvement Dist-
rict No 41, especially benefitted by said improvement , 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, 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 esti-
mate of the City Engineer, and the contract price for said improve-
ment , 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 Consolidated Improvement District No 41,
the making of said local improvement and the issuance of this
bona , 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 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 Clerk, under the seal of said City, and the interest
coupons thereto attached, to be attested by the fac simile
signature of the City Clerk as of the day of ,
19
Commissn6r o S ty and Ex-Officio Mayor
COUNTERSLGNED
Attest Commissioner of Finance and Ex-Officio
City Treasurer
City Clerk
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(Form of Coupon)
No
On the day of 19 the City
of Fort Collins will pay to the bearer
Dollars in lawful money of the United States , at the office of
the City Treasurer of Fort Collins , Colorado , being six months'
interest on its local improvement bond dated
1936 , issued for the construction of the local improvement known
as Consolidated Improvement District No 41, 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 authorized and directed to have printed a
sufficient number of bonds of the denomination of
Hundred ( ) Dollars each, numbered
from 1 to 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 herein-
before 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 Improvement
District No 41, including six months' interest on the unpaid princi-
pal , 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 (30) days from the first
publication, interest on said bonds so called dhall 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 construction of said
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improvements in accordance with the map , plans and specifications
heretofore adopted, which advertisement 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 esti-
mate of the cost of said improvements 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 urice , 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 in 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 awardea it shall con-
tain a clause to the effect 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
79 1921, relating to local public improvements , as amended, 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 its decision
shall be final When said contract is awarded it shall also contain
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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 con-
trgctor 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 Commissioner of Public Works and the City Engineer
acting for said City, and may accept Federal Aid in connection there-
with, reducing the expense to the property owners and the District
by so much as shall be obtained from Federal Aid by money, materials
and labor
Section 10 When the said public improvements in
Consolidated Improvement District No 41 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 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 frontage of all
the real estate in the said District , which said assessment 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 41 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
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Section 12 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 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
17tn day of April , A D 1936
Co M74s one o Safety and Ex-Officio
Mayor
Attest
City C erk
STATE OF COLORADO , )
ss
County of Larimer )
I , J D McINTYRE, 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 17th day of April A D 1936 , and was duly
adopted 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 21st day of April, A D 1936 , said Ordinance
No 8 was duly published in the Fort Collins Express-Courier , a
daily newspaper 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 21st day of April ,
A D 1936
City Cl rk