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HomeMy WebLinkAbout006 - 04/16/1927 - RELATING TO THE CREATION OF WEST MOUNTAIN AVENUE IMPROVEMENT DISTRICT NO. 25 (EMERGENCY ORDINANCE) ORDINANCE NO. , 19279 BEING AN EMERGENCY ORDINANCE RELAT 'HE CREATION OF WEST MOUNTAIN AVENUE IMPROVIDAENT DISTRICT NO, 25, PROVIDING FOR THE CONSTRUCTION OF IMPROVMTEffTS THEREIN, AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF CONSTRUCTION THERBOY, BE IT ORDA31MD BY THE CITY COUNCIL OF THE CITY OF FORT COLL INS Section 1. That pursuant to a petition duly filed and presented to the City Council on the 26th day of February, A. D. 1927, which said petition was da2y and regularly signed by the owner 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 Februa yy, A. D. 192% 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 Ordinance No.9, 1926, to be known as West Mountain Avenue Improvement District No. 25, comprising all the property fronting on said West Mountain Avenue, or abutting thereon, from the center line of Bryan Avenue and extending west along said West Mountain Avenue a dis tanoe of twelve hundred seventy-three (1273) feet to the East side of the concrete bridge across the New Mercer Ditch, in the City of Fort Collins, Colorado, Section 2. That the said petition prayed for the improvement of said district by grading, paving, guttering, curbing and draining, where any of the same becomes necessary, of the street area in said proposed district for a width of thirty (30 ) feet on the south side of a center parking, said paving to consist of twenty (20 ) feet of reinforced eoneret a paving the same as has already been installed in other�pe manent improvement districts within the corporate limits of the City of Fort Collins, with a -1- shoulder of gravel ten (10) Peet in width on the soutp side thereof, with the right to increase the width of said paving at the ends of the Parking, as my be necessary, and any gutters and curbing installed to be of the same specifications as in West Mountain Avenue Improvement District No. 8; which said petition was made and filed under the provisions of Ordinance No, 7, 1921, ashmended 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 maps plans and sp ecifieat ions for said district, and said work of construction of said improvements is hereby ordered to be done in aecordanm therewith, as provuied by law, together with the estimated cost of the construction of said improvements amounting to $12,196.40, the cost per front foot is estimated at $8.48268 and the cost of a lot 50 feet by 190 feet is $424.13, and which amount of $12,196.40 includes the cost to be assessed against the property owner for the improvement of the said district, and all to be assessed against the armer of lots and lands in said district abutting upon said improvements , when completed and accepted, in aeco$dame with the provisions cf Sections 7 and 8 of Ordinance No, 7, 1921, as amended by J Ordinance No, 9, 1926. (� Section 3. That pursaant to the requirements of the resolution of the City Council duly adopted om. the 5th day of March, A. D. 19279 due notice was given to the owners of property to be assessed, by due and lawful publication in the Fort Collins Express-Courier, a daily newspaper of general circulation in the City of Fort Collins , for a period as required by lauv, 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 to the unpaid and deferred installments , the extent .2- 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 16th 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 complaints and objections that might be made and f iled 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 hear4complaints at said meeting held on thel6th day of April, A. D. 1927, and that no complairtis in writing�comerning the proposed improvements 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 improvements and the resolutions and natices 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 improvements of West Mountain Avenue Improvement District No. 25 as provided for in the map, plans and specifications heretofore adopted by the City Council, and approved in this ordi.nanoe . 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- Offioio Treasurer of the City of Fort Collins, whic_ said bonds shall bear date at such times as may be fixed ty the City Treasurer after the work of improvement has been commenced in said district, but said date shall be uniform for all bonds issued. -3- and in such form s may be approved by the G_ y Council after submission by the Commissioner of Finance , said boncls shall bear the name of West Mountain Avenue Improvement Dittrict No. 25 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-anneal]y, said interest to be evidenced by coupons attached to the principal bond and: attested by the fmo simile signature of the City Clerk, whioh said bonds shall be 1n den ominat ion of f ✓e Hundred ($ �j o d ) Dollars each. Each of said bonds shall be subscribed by the Commissioner of Safety and Ex-Offioio Mayor, oountersigned 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 TreasarerKand 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 West Mountain Avenue Improvement Di6trict No. 25, 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 � S_ inslnsive, and shall be redeemable consecutively, according to number aryl 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-Offioio Mayor, when said estimates have been duly audited and approved by the City Coum it and ordered paid. All of said bonds shall be absolutely due and payable twenty (20) years after the date of is sue , 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, .04- Pursuant to the rower and authority eontminc. in Section 29 of Ordinance No. 7, &921, 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 STATES OF AMERICA STATE OF COLORADO CITY CF FORT COLLINS REST MOUNTkIN AVENUE IMPROVRAENT DISTRICT NO. 25 No. The City of Fort Collins, in the County of Larime r, and State of Colorado, for value received, acknowledges itself indebted and hereby promises to pay to the beam hereof, the sum of Dollars in lawful money of the United States, at the af fice 57 the City Treasurer of said City, on the day of 1, 19 , subject to call and paymeenn ^,-however , at any time prior eto, as provided in the amendment of Section 1 at Article %VII of the City Charter, passed and adopted April 6, 1920 , and Ordinance No. 7, 1921, relating to local public improvements, as amended by�Ordinanee No. 9,1926, with interest thereon from date until payment at the rate of four and three-quarters (4-3/4%) per cent pear annum, payable semi-annually , on the day of , 19 , and the day of , , a the Mice of they Treasurer o e y o 0 o ins, 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 West Mountain Avenue Improvement District No. 25, by virtue of and in full conformity vdth the amendment to Section 1 of Article = of the City Charter, passed and adopted April 6, 1920, and Ordinance No, 7. 1921s, relati4 g to local public improvements, as amended 1or Ordiname No. 9, 1926. This bond is e payable out of the proceeds and special assessments to be levied upon the real property situate in the City of Fort Collins in said West Mountain Avenue rovement District No. 25, especially benefitted by said imgr and the amount of the assessments so to be made upon the real est ai,e in said distr=t for the payment thereof with accrued interest is a lives upon the said real estate in the respective amounts to be apporticned to said real estate and to be assessed by an ordinance of said eityJj said lien having priority over all other liens, except other hinds 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 bonis of said city fcs 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 by law, and A. is farther certified and recited that every requirement of law relating to the creation of said West Mountain Avenue Improvemeat -5- District No. 25 , ae making of said local i, 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 r enl er the same lawful and valid, have happened, and been properly done and performed, and did exist in regular and due time, form and rmnner as required by law In Testimony Whereof, The said City of Fort Collins has caused this bond to be subscribed by its Commissioner of Saf ety and Ex-Officio Mayor, oountersigned by its Commissioner of Fimme and Ex-Officio City Treasurer, and attested by its City Clerk under the seal of said city, and the interest coupons thereto attached to he attested by the fao simile signature of the City Clerk as of the day of , 19 • Commissioner of Safety and EX-Ufficio M&YOr C mint era igned omm ssioner or Finance and Ex-Ofri0io UiVY Treasurer. ATTEST City GlerJce (Form of Coupon) No. �On the day of , 19_, City of Fort Collins wl pay to the earer Dollars in lawful money of the United States a e o ice et City Treasurer of Fort Collins, Colorado, being six months' interest on its local improvement bond. dated 919 , issued for the construction of the local improvementown as esy— Mountain Avenue Improvement District No. 25, provided this bond shall not have been heretofore paid. Attached to Bond No, City Cler Section 7, The Commissioner of Finance and Ex-Officio Treasurer is hereby authorized and directed to have printed a sufficient number of bonds of the denomination of Hundred (3 ,r,5-00 0, ) Dollars each numbered from 1 to .756- inclusive , as is required to meet the estimated cost of sa& imprcwements 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 hereinbefare provided. .6- Section 8, Whenever oonicdered prudent by the City Treasurer he is hereby authorized and empowered, whenever funds may be in his hands to the credit of West Mountain Avenue Improvement District No. 25, 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 ao 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-Offioio Mayor is hereby authorized and empowered to advertise for bids for the construction of said improvements in a000rdanee with the map, plans and specifications heretofore adopted, which advertisement shall not be less than ten Jaya in the of fie ial newspaper pub 1 isbe d in the C ity of For t Coll ins , 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 fall contract price, with sufficient surety or sureties to beyapproved by the Commissioner of Safety and Ex-Offioio Mayor, and the work of contraction when so awarded under said contract shall be under the general control of the Commissioner of Public Works and in the immediate charge, c cntrol and supervis icm of the City Engineer, whose decision in all matters of dispute respaoting oom- plianoe with this ordinance, and the ecmtract madi thereunder, and the plans and specifications shall be final and bird ing upon all parties -7- thereto. when said contract is awarded it shall coaltmin a clause to the effect that it is subject to the provisions of the charter and of the laws unddr which the City of Fort Collins exists and of th3s ordinance, and the provisions of Ordinance No. 79 1921, relating to local public improvements, as amended by Ordinance No, 9, 1926, and that themeat 1 t t agreed payments shall no eatoeed the esti�.te of he City Engineer and the amount appropriated, and that upon ten (10) days notice the work under said ountraet, 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 onntraot, then the City Council may consider the complaint and rake 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, of whether payment shall he made to the contractor in money, all at the opt ion 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 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 anal control of the Commissioner of Public works and the City Engineer acting for said city. Section 10. when the said public improvements in west Mountain Avenue Improvement District No. 25 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 .8. the lots or tracts of land abutting upon said ffest Mountain Avenue Improvement District No. 25 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 IV the City EYigineer and approved by the City Council shall be assessed againetthe 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 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 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 the entire bond issue at not less than per , which said bonds shall not bear interest to exceed four and three-quarters (4-3/4%) per cent per annum to be paid semi-annually, evidenced by oompons bearing the fao simile signature of the City Clerk, all in accordance with Seoticn 27 of Ordinance No. 7, 1921, as amended by Ordianee 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 du]y paid, satisfied and discharged as herein provided, Seotinn 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-Seeticns 6 and 7 of Article IV of the City Charter, -9- Introduced, read at length and adopted by the unanimous vote of all the members of the City Council this 16th day of April, A. D. 1927o Uohnissioner of S ancl Ex—Oicio or ATTEST- City Clerk, STATE OF COLORADO ) ) SS. COUNTY OF LARIMER ) I, A. J. ROSEffiOW, City Clerk of the City of Fort Collins , do hereby certify and declare that the foregoing ordinance oonsisting of thirteen (13) seotinns was duly proposed aryl, read at length at a regular meeting of the City Council held on the 16th day of April, A. D. 1927, 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 the members of the City Council, as an emergency ordinance in accordance with the proves ons of Sections 6 and 7 of Article IY of the City Chaer of the City of Fort Collins, and thereafter and on to wit the - - day of April, A. D. 1927, said Ordinance No. 4 was duly published in the Fort Collins Express-Courier, a daily newspaper published in the City of Fort Collins, Colorado , IN WITNESS WHMEOF, I Uave hereunto set my hand and affixed the seal of said City this -1.?V- day of April, A. D. 1927. City Cleric, -10-