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HomeMy WebLinkAbout002 - 03/20/1936 - RELATING TO THE CREATION OF CONSOLIDATED IMPROVEMENT DISTRICT NO. 40 (EMERGENCY ORDINANCE) ORDINAdCE NO 2 1936
BEING AN EMERGENCY ORDINAITCE RELATING TO THE CREATION OF CON-
SOLIDATED IMPROVMENT DISTRICT NO 40 , PROVIDING FOR THE CON-
STRUCTION OF IMPROVEMENTS THEREIN, AND AUTHORIZING THE ISSUANCE
OF BONDS TO PAY THE COST OF COA,STRUCTION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS
Section 1 That pursuant to five petitions , duly
filed and presented to the City Council between the 27th day of
December 1935 and the 3rd day of January, 1936 , which said
petitions were referrea to the City Engineer for investigation
ana 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 ana the City Engineer made a further report that saia five
petitions should be consolidated and considered as one petition
for all purposes And the City Council , by Resolution duly
adopted on January 31 , 1936 , ordered the consolidation of said
five petitions into one petition for all purposes , and there is
hereby created ana 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 40 , comprising the lots and blocks and lands abutt-
ing on Remington Street as follows , to-wit Blocks 121, 122,
123 124 125 126 127 and Blocks 131 , 132 , 133 134, 135 136
and 137 Blocks 1, 2 4 , 5 , N 100 feet of Block 6 and N 100
feet of Block 7 , L C Moore' s Secona Addition On East Lake
Street , as follows , to-wit Blocks 5 , 6 , W2 of Block 7 and
W2 of Block 4 , L C Moore* s Second Addition On East Laurel
Street , as follows to-wit Blocks 126 and 127 On West Olive
Street , as follows , to-wit W2 of Block 6 and W2 of Block 9 ,
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Scott-Sherwood Addition On West Oak Street as follows to-wit
Blocks 101, 102 , 91 , 92 , 81 , 82 71 , 72 Blocks 269 270 , 2791
280 , 289 and 290 Loomis Addition Blocks 1 2 3 and 4 , Washington
Place Addition Blocks 1 , 2 , 37 4 , 5 , 6 and 7 , Scott-Sherwood
Aadition, that tract of land in the City of Fort Collins known
as City Park East from Bryan Avenue extended to Jackson Avenue
On Jackson Avenue , as follows , to-wit Blocks 2 , 3 , 6 and 9 ,
Scott-Sherwood Addition and City Park from Oak Street to
West Magnolia Street extended On South Mason Street as
follows , to-wit Blocks 101 and 111 On East Olive Street ,
as follows , to-wit W-2 of Blocks 132 and 133
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 and one-half
inches in thickness , and the curbing and guttering where nec-
essary. of the entire street area between gutters The mixture
for the surfacing to be according to specifications of the City
Engineer wnich 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 estimated cost of the construction of
said improvement, amounting to $12 ,998 50 , the total frontage
is 25 ,338 feet, the cost per front foot for streets requiring
surfacing of 37 feet in width 35¢, the cost per front foot for
streets requiring 55 feet in width of surfacing, 51 1¢ the cost
per front foot of streets requiring 63 feet in width of surfacing,
58 59�, the estimated cost of a 50 foot lot requiring surfacing
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of the street area 37 feet in width $17 50 requiring 55 feet
of surfacing in width, $25 55 , and requiring 63 feet of surfac-
ing in width, $29 25 , which amount above stated includes the
cost of intersections to be assessed against the property owners
for the improvement of said district , and all of the above figures
are based upon the assumption that the City will obtain Federal
Aid from the W P A in doing the work if such Federal Aid is
not obtainable , then the cost will be approximately four times
the amounts above given, 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 and 8 of Ordinance No 7 , 1921, as amended,
and the cost of the improvement of the street abutting on the City
Park, will be assessed against the City of Fort Collins , but no
other amounts shall be assessed against the City
Section 3 That pursuant to the requirements of the
resolution of the City Council duly adopted on the 14th day of
February, A D 1936 , due notice was given to the owners of the
property to be assessed, by due and lawful 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, to-
gether with the probable cost rer front foot , as shown by the
estimate of the City Engineer and to the further effect that on
the 20th day of March, A D 1936 , at seven o'clock A M in the
City Council Chamber in the City Hall of the City of Fort Collins ,
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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 owner of any real estate to be
assessed that in pursuance of the said notice , the said City
Council did sit to hear the complaints at said meeting held on
the 20th day of March, 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
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 witn
in all respects and it is hereby ordered that the improvement of
Consolidated Improvement District No 40 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 less any Federal assistance received bonds of
the City of Fort Collins are hereby authorized to be issued b5
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 fiyea 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 Improve-
ment District No 40 , of the City of Fort Collins , and shall bear
interest at the rate of six ( 6%) per cent per annum, payable semi-
annually, said interest to bd evidenced by coupons attached to the
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principal bond and attested by the fac simile signature of the
City Clerk, which said bonds shall be in denominations of
Hundred ( ( Dollars
each Each of said bonds shall be subscribed by the Commissioner
of Safety and Ex-Offlcio Mayor , countersigned by the Commissioner
of Finance and Ex-Officio City Treasurer and attested 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 provided, 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 40 , ana 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 one to
inclusive , and shall be redeemable , consecutively, according to
number and in the order of issuance Said bonds shall only be
issued ana delivered by the City Treasurer on estimates and oraer
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 , 19212
relating to local public improvements , as amended Pursuant to
the power and 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
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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 MERICA
STATE OF COLORADO
CITY OF FORT COLLINS
CONSOLIDATED 111PROVEMENT DISTRICT NO 40
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 States at Vie 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 ana 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 the City Treasurer of the City of Fort Collins , upon
presentation and surrender of the annexed coupons as they severally
become due
This bond is issuea for the purpose of paying the
cost of the local improvement in Consolidated Improvement
District No 40 by vi$tue 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 and special assessments to be levied
upon the real property situate in the Citj of Fort Collins in
said Consolidated Improvement District No 40 especially bene-
fitted by said improvement and the amount of the assessment so
to be made upon the real estate in said aistrict 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 estimate of
the City Engineer, and the contract price for said improvement
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
40 , 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 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
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In Testimony Whereof the said City of Fort
Collins has caused this bond to be subscribed by its Com-
missioner 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
Commissioner of Safety and Ex-Officio Mayor
COUNTERSIGNED
Commissioner of finance and Ex-Officio City
ATTEST Treasurer
City Clerk
(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 40 , 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 regkired 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 Cit Treasurer to be issued and delivered from time to time
as hereinbefore urovided
Section 8 Whenever considered prudent by the
City Treasurer , he is hereby authorized and empowered whenever
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funds may be in his hands to the credit of Consolidated Improve-
ment District No 40 including six months' interest on the unpaid
principal to advertise for five days in the official newspaper
of said CitS , and call in a suitable number of bonds of said
District for payment ana at the expiration of thirty (30) days
from the first publication, interest on said bonds so called shall
cease The notice shall specify the bonds so called by number ,
ana all bonds so issued shall be called and paid in their numerical
oraer
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
improvements in accordance with the map , plans and specifications
heretofore adoptea 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
estimate 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 price with sufficient surety or sureties to be
approved by the Commissioner of Safety and Ex-Officio Mayor , and
the work of construction then so awarded unaer saia contract shall
be under the general control of the Commissioner of Public Works
ana in the immediate charge control and supervision of the City
Engineer, whose decision in all matters of aispute respecting
compliance with this ordinance and the contract maae thereunder ,
and the plans and specifications , shall be final and binding upon
all parties thereto When said contract is awarded 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
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exists and of this ordinance and the provisions of Ordinance
No 7 , 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 con-
tain 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 whether payment shall be made to the con-
tractor 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 im-
provements 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 ana 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 unaer the direc-
tion, supervision and control of the Commissioner of Public works
and the City Engineer acting for said City and may accept Federal
Aid in connection therewith, reducing the expense to +he property
and the District
owners a b so much as shall be obtained from
y
Federal bid by money, materials and labor
Section 10 when the said public improvements in
Consolidated Improvement District No 40 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
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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 assess-
ment when made and reported bj the City Engineer and approved
by the City Council , shall be assessed against the property in
said Consolidated Improvement District No 40 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
Section 12 In the opinion of the CitS Council
an emergency exists for the preservation of the public health,
peace and safetj, 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
20th day of March , A D 1936
Commissioner of Safety and Ex-Officio
Ala yo r
Attest
Acting Citj Clerk
STATE OF COLORADO , )
ss
County of Larimer )
I JESSIE ROBERTS City Clerk
of the City of Fort Collins , do hereby certify and declare that
the foregoing Ordinance consisting of twelve (12) sections , was
auly proposed and read at length at a regular meeting of the City
Council , held on the 20th day of 14arch , 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 25th day of March , A D 1936 said
Ordinance No 2 was duly published in the Fort Collins Express-
Courier, a aaily newspaper published in the City of Fort Collins ,
Colorado
IN WITNESS WH=OF, I have hereunto set
my hand and affixed the seal of said City, this 25th day of
Yarch A D 1936
�c ing City Clerk