HomeMy WebLinkAbout007 - 04/23/1927 - RELATING TO THE CREATION OF NORTH COLLEGE AVENUE IMPROVEMENT DISTRICT NO. 26 (EMERGENCY ORDINANCE) ORDINANCE NO. , 1927,
BEING AN EMERGENCY ORDINANCE RELATING TO ��_E CREATION OF NORTH COLLEGE
AVENUE IMPROVENIENT DISTRICT NO. 26, PROVIDING FOR THE CONSTRUCTION OF
IMPROVEMENTS THEREIN, AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE
COST OF CONSTRUCTION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KRT COLLINS
Section 1. That pursuant to a petition lily filed and
presented to the City Council on the 26th day of February, A. D.19279
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 26th day of February, A. D. 1927, there is hereby created and
organized an improvement district under and by virtue of the provisions
of Ordinance No. 7, 1921, relating to local public improvements, passed
and adopted April 2, 1921, as amended by 6rdinance No. 9, 1926, to be
known as North College Avenue Improvement District No. 26, comprising
the lots and blocks and lands abutting on said North College Avenue as
follows, to-wit : Lots 1 to 21 inclusive in Block 22, and Lots 1 to 20
inclusive in Block 14, being a portion of North College Avenue between
Laporte Avenue and Maple Street, for a width of approximately thirty
(30) feet in the center of the block on North College Avenue between
said Laporte Avenue and Maple Street , in the City of Fort Collins,
Colorado.
Section 2. That the said petiticai prayed for the improvement
of the said district by grading, paving,and draining where necessary,
of the street area in said proposed district for: a width of approximately
thirty (30) feet in the center of the block on North College Avenue
between said Laporte Avenue and Maple Street , said paving to consist
of reinforced concrete paving the same as has already been
installed in other permanent improvement districts within the
corporate limits of the City of Fort Collins , which said petition
was made and filed under the provisions of Ordinance No, 7, 1921, as
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amended by Ordinance No. 9, 1926, 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 district, and said work of construction of said improvements
is hereby ordered to be clone in a:eoordanoe therewith, as provided by
law, together with the estimated cost of the construction of said
improvements amo-unting to $6522.65 , the cost per front foot is
estimated at $6,36356 and the estimated cost of a lot 50 feet by
1.40 feet is $318,18, and which amount of $6522.65 includes the cost
to be assessed against the property owners for the i mpr ovement of the
said district , and all to be assessed against the owners of lots and
land in said district abutting upon said improvements, vhen completed;
and accepted, in aecor dance with the provisions of Sections 7 and 8
of Ordinance No, 7, 1921, as amended by Ordinance No, 9, 19&6.
Section 3. That pursuant to the requirements of the
resolittion of the City Council duly adopted on the 12th day of March,
A. D. 1927, due notice was given to the owners of property to be
assessed, by due and lawfal publi oat ioh in the Fort Collins Express-
Courier, 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 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 vd.th the probable cost per front
foot, as shovm by the estimat a of the City Engineer and to the further
effect that on the 23rd day of April,, A. D. 1927, at eight o 'clock
A. M. in the Council Chamber in the City Hall of the City of Fort
Collins, the City Council would hear and determine all complains
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and objeetions 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 complaints at said meeting held on the 23rd
day of April, A. D. 1927, and that no complaints in writing concerning
the proposed improvementa had then and there been filed with the City
Clerk.
Section 4, The City Council finds that all the require-
ments of the statute respecting the petition for said improvementa
and the resolutions and notices required by law to be given in
respect thereto before the adoption of an ordinance ordering sail
improvements have been observed and complied with in all respects ,
and it is hereby ordered that the improvement of North College
Avenue Improvement District No. 26 as provided for in the map,
plans and specifications heretofore adopted by the City Council, an&
approved in this ordinance, be ani 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-
Offioio Treasurer of the City of Fomt Collins, which said bonds
shall bear date at such times as may be fixed by the City Treasurer
after the work of improvement has been commenced in said d 3s trict,
but said date shall be uniform for all bonds issued, and in such
form as may be approved by the City Come it after submission by the
Commissioner of Finance , said bonds shall bear the name of NortYA
College Avenue Improvement District No. 26 of the City of Fort
Collins, and shall be payable in twenty (20) annual installments,
five (5%) per cent thereof payable in each and every year during
said period, and shall bear interest at the rate of four and three-
quarters (4-3/4%) per cent per annum, payable semi-ananally, said
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interest to be evidenced by coupons attached to the prine ipal bond and
attested by the fac simile signature of the City Clerk, which said bonds
shall be in denominations of "r, ✓ e Hundred ( 4zj o o 0, ` )
Dollars each. Each cf said bonds shall be subscribed by the
Commissioner of Safety and Ex-Officio Mayor, countersigned by the
Commissioner of Finance and Etc-Officio City Treasurer, and attested by
the City Clerk with the corporate seal of tha 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. 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 North
College Avenue Improvement District No. U, and the funds so collected
shall only be used for the payment of the work of CQistructi. on. 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 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 May&r, 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 twenty (20 ) years after the date cf issue,
but shall be subject to call and payment at any time pri&r 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:
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UNITED STATES OF AMERICA
STATE OF COLORADO
CITY OF FORT COLLINS
NORTH COLLEGE AVENUE Il,PROMTENT DISTRICT NO. 26
No. .
The City of Fort Collins, in the County of Larimer, aml
State of Colorado, for value received, acknowledges itself indebted
and hereby promises to lay 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 , subj eet to call and payment ;
however, at any time prior eto, as provided in the amendment of
Section 1 of Article XVII of the City Charter , passed and adopted
April 6, 1920, and Ordinance No. 7, 1921,rel4ting to local public
improvements, as amended by Ordinance No, 9, 1926, with interest
thereon from date until payment at the rate of four and three-quarters
(4-3/4%) per cent per annum, payable semi-annually, on the
day of , 19 , and the day o
19 ,tithe o ffi ce the City
Treasurer of the City of Fort Collins , upon presentation and
surrender of the annexed coupons s they severally become due.
This bond is issued for the purrpose of paying the cost of
the local improvement in North College Avenue Improvement District
No. 26, by virtue of and in full conformity- with the amendment t�
Section I of Article XVII of the City Charter, passed and adopted
April 61, 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 spmeial assessments to be levied
upon the real property situatee in the City of Fort Collins in said
North College Avenue Improvement Dis;triet No. 26, ealneially benefited
by said improvements, and the amount of the assessments 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 apportiazed 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 Ergineer, and the contract price of said
improvements, nor the amount authorized by law; and it is further
certified and recited that every requirement of law relating to the
creation of said North College Avenue Improvement District No. 26,
the making of said local i npr ovement 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 b e em 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 Fit Collins has
eausea this bond to be subscribed by its Commissioner of Safety and
Ent-Offieio Mayor, countersigned by its Commissioner of Finance and Ex-
Offieio City Treasurer , and attested by its City Clerk under the
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seal of said City, and the interest coupons thereto attached to be
attested by the fae simile signature of the City Clerk at of the
day of , 19
Commissioner of Safetyand Ex-Officio or
COUNTERSIGITED.
Commissioner of Finance and Ex-Ofricio City
Treasurer .
ATTEST
City Clerk,
(Form of Coupon)
NO,
On the clay of , 19 , the ify
of Fort Collins w3l pay tot the tearer
Dollars in lawful money of the United S a es at the offiee o e
Treasurer of Fort Collins, Colorado, being six months' interest cm its
local improvement bond dated , 19 ,
issued for the construction of the local improvementown as orth
College Avenue Improvement Distriat No. 26, provided this bond shall
not have been heretofore paid.
Attached to Bond No.
city Clerk,
Section 7, The Commissioner of Finance and Ex-Offieio
Treasurer is hereby authorized and directed to have printed a sufficient
number of bonds of the denominaticam of F v e Hundred/(
Dollars each numbered from l to inclusive , as is required to
meet the estimated cost of said improvements as herein provided, ani
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
hereinbef ore provided.
Section 8. Whenever considered prudent by the City Treasurer
he is hereby authorized and empowered, whenever ±kinds may be in his
hands to the credit of North College Avenue Improvement District No. 26,
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 skid district for payment, and at the expiration of
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thirty days from the first publication, interest cn said bon-Is so
called shall cease. The notice shall specify the bondis 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-Offiaio Mayor is hereby authorized and
empowered to advertise for bids? foar the construction of said
improvements in accordance with the map, plans and specifications
heretofore adopted. which advertisement shall not be less than ten
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 :ftithful 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 aonstruotion 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 com-
plianoe with this ordinance , and the contract made thereunder , an(k the
plans and specifications shall be final and binding upon all parties
thereto. When said contract is awarded it shall contain a clause to
the effect that it is suboect 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. % 1921, relating to
local public improvements, as amended by Orch-nance No, 9, 1926, and
that the agreed payments shall not exceed the estimate of the City
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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 Count it 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 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 contractor in money, all at the opticm 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 eonstruetion of said improvements,
and when in the judgment of the City Council it shall be deemed to the
best interests of 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 improvements in North College
Avenue Improvement District No. 26 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 the lots or tracts off'
land abutting upon said North College Avenue Improvement District No. 26
in proportion 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
when so reported 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 that the contractor shall be paid in
bonds, then for the purpose of paying for engineering and other cl6rical
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expenses and the cost of inspection, upon the approval of the City Council,
the Commissioner of Safety and Ex-Offieio Mayor is authorized to advertise
for not less tnan ten days in the official newspaper of said city, and
sell sufficient of said 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 Public Works by day labor,
may sell thb entire bond issue at not less than par , wh.Lch said bonds
shall not bear interest to exceed four and three-quarters (4-3/4%) per
cent per annum to be paidsomi-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 Ordiname No. 9, 1926.
Section 12, This ordinance shall be irrepealable unt i 1 the
indebtedness herein provided for, whenever the same shall be created,
shall have been duly paid, satisfied and discharged asfherein 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 authority contained in Sections 6 and 7 of Article
IV of the City Charter.
Introduced, read at length and adopted by the unanimais vote
of all the members of the City Count it this 23rd day of April, A. D.
1927*
omm ssi ner of Saf 71an d�=-Offinfo Mayor
ATTEST
CiV
er
STATE OF COLORADO )
COUNTY OF LARIMER ) SS.
I, A. J. ROSENOW, City Clerk of the City of Fort Collins,
do hereby certify and declare that the foregoing ordinance consisting
of thirteen (13) sections was duly proposed and read at length at a
regular meeting of the City Council held on the 23rd day of April,
A:�D.192% and was du]y adopted and ordered published lin the; Fort
Collins Express-Courier, a daily newspaper and the offiaial
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 thereafter
and on to-wit the ZS wday of April, A. D. 1927, said
Ordinance No. __ z 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, thia day of April, A. R. 1927.
City Clerk.
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