HomeMy WebLinkAbout005 - 04/09/1927 - RELATING TO THE CREATION OF WEST MOUNTAIN AVENUE IMPROVEMENT DISTRICT NO. 24 (EMERGENCY ORDINANCE) ORDINANCE NO. 6�9 1927,
BEING All EMERGENCY ORD=CE RELATING TO THE CREATION OF WEST
MOUNTAIN AVENUE IMPROVEMENT DISTRICT NO, 24, PROVIDING FOR THE
CONSTRUCTION OF IMPROVEMENTS THEREIN, AND AUTT-DRIZING THE
ISSUANCE OF BONDS TO-PAY THE COST OF CONSTRUCTION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF-FORT COLLINS
Section 1. That pursuant to a petition duly filed and
presented to the City Council on the 3rd day of July, A. D. 19269
which said petition was duly and regularly signed by the owners of
more than one-third of the frontage in the proposed distret, as
evidenced by a resolution of the City Council duly passed and
adopted on the 3rd day of July, A. D. 1926, 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. 24, aomprising all the property fronting
on said West Mountain Avenue, or abutting thereon, from the end of the
present paving on the North side of West Mountain Avenue to the
City limits at Larimer County Canal No. 2, 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 drainage where neoessary, paving to consist of reinforced concrete
paving, which said petition was made and filed under the provisions
of Ordina.noe No, 7, 1921, as amended by Ordinance No, 9, 1926, and
that the plans and specif iaations, together vdth 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 constraotion of
said improvements is hereby ordered to be done in Gaoeordanoe
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therewith, as provided by law, together with the estimated oost of
the construction of said improvements amounting to $15,497.76 for
the paving, the cost per front foot is estimated at $13.875, inter-
section rate is $0,647 and the cost of a lot 50 feet by 190 feet is
$726,139 the total estimated cost for drainage is $19520.24, the
rate per square foot for drainage is,-$0.018 and the cost of a lot
50 feet by 190 feet is $173,76 and the total estimated cost of the
district complete $17,018.000 and which amount of $17,018,00 includes
the cost to be assessed against the property owners for the
improvement of the said district, and all to be assessed against the
owners of lots and lands in said district abutting upon said
improvements, when completed and aoceptad, in accordance with the
provisions of Seeticns 7 and 8 of Ordinance No. 7, 1921, as amended by
Ordinance No, 9, 1926.
Section 3. That pursuant to the requirements of the
resolution of the City Council du],y adopted on the 26th day of
February, A. D. 1927, due notice was given to the owners of property
to be assessed, by due and lawfal 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 law, as shown by the
proof of publication on file in the office of the City Clerk, which
said noticze 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 and per dquare foot , as shown by the estimate: of the City
Engineer , and to the farther effect that on the 9th 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
filed in writing concerning the proposed improvements by the ow er 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 9th day of April, A. D. 1927, 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 respeetirg the petiticn for said improvements and the
resolutions ail notices required by law to be given in respect
thereto before the adoption cf an ordinance ordering said improvements
have been obserxed~and complied with in all respects,,�and it is
hereby ordered that the improvement of West Mountain Avenue
Improvement District No. 24 as provided for in the map, plans
and speeificsations heretofore adopted by the City Council, and
approved in this ordinance, be and is hereby cr dered 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-Offieio Treasurer
of they City of Fort Collins , which said bonds shall bear date ab such
times as may be fixed by the City Treasurer after the work of
improvement has been commamed 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 West Mountain Avenue Improvement
District No. 24 of the City of Fort Collins , and shall be payable
in twenty (20) annual installments, five (5%) per cent thereon
payable in each and every year 8br3.rg said period, and shall bear
and three-fourths
interest at the rate of four,(44%)per sent 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 f, ✓e A
00
Hundred ($�_�) Dollars each. Each of said bonds shall be
subscribed by the Commissioner of Safety and Ex-Offieio Mayor,
countersigned by the Commissioner of Finance and Ex-Offielo 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. 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 District No. 24, and the funds so collected shall only
be used for the payment of the work of acnstraction of said improvements
and the interest thereon. Said bonds shall be numbered from 1 to
inclusive, and shall be redeemable cnnsecutively, 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 Coftissioner cf Safety and
Ex-Offioio 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 twenty (20 ) years after the date
of issue, but shall be subject to call arxt payment at any time prior
thereto, as provided in Section 27 of Ordirame 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:
UNITED STATES OF AMERICA
STATE OF COLORADO
CITY OF FORT COLLINS
WEST MOUNTAIN AVENUE IMPROVEMENT DISTRICT NO, 24
No,
The City of Fort Collins' 3 he County of Larimer, and
State of Colorado, for value received, acknowledges itself indebted and
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hereby promises to pay to the bearer hereof the sum of
Dollars in lawful money of the United States, at the office of WF=y
Treasurer of said City, on the day of ,
19 , subject to (tall and paymeme-lff; however, at any time prior
thereT6, as provided in the amendment of Seetinn 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 by
Ordinance �T�.+ ��1�9��6 ith interest thereon from date until payment
at the rake of"ft�Y laffier cent per annum, payable semi-annually,
on the day off- 4 , 19 , and the day
of , 19 at he office of the i y--
Treasurer of the City of Fort Cons, 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 looal improvement in West Mountain Avenue Improvement District
No. 24, by virtue of and in full conformity with the amendment to
Section l./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 by Ordinance No, 9, 1926. This bond is
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 Improvement District No. 24, especially benefitted 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 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 gene-Lal 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 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 West Mountain Avenue: Improvement District No. 24, the
making of said local improvement and the issuance of this bos3., has
been fully complied with by the proper officers of said cityl 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 subderibed by its Commissioner of Safety and
Ex-Offieio Mayor, countersigned by its Commissioner of Finance and
Ex-Offie io 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 signatume of the City Clerk as of the
day of , 192
Commissioner of a e y and Ex-Offieio Mayor
Countersigned.
Commissioner of Finance and M-c-Officio City
Treasurer*
ATTEST.
city Clerk,
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(Form of Compon)
No.
On the day of , 192 , the 0ity
of Fort Coll-ins wild pay to the bearer Dollars
in lawful money of the United States at the office of the y
Treasurer of Fort Collins, Colorado, being six months ' interest on its
local improvement bond dated , 192 ,
issued for the construction of the looaJL improvemen ovin as at
Mountain Avenue Improvement District No. 24, provided this bond shall
not have been heretofor a paid.
Attached to Bond No,
City Clerk,
Section 7, The Commissioner of Finance and Ex-Offioio
Treasurer is hereby authorized and directed to have printed a sufficient
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number of bonds of the denomination of /-,� Hundred ( Nt oo )
Dollars each numbered from l to .5- 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
hereinbefore provided.
Section 8. Whenever considered prudent by the City
Treasurer he is hereby authorized and empowered, whenever fends may be
in his hands to the credit of West Mountain Avenue- Improvement
District No. 24, including sax 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 so called by number, and all bonds as
issued shall be stalled 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
improvements in accordance with the map, plans and specifications
heretofore adopted, which advertisement shall not be less than ten
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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 ftLithful 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-
Offioro Mayor, and the work of oonstruotion 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 supervisicn
of the City/Engineer , whose decision in all matters of dispute
respecting aompliancre with this ordinance, and the contract made
thereunder, and the plans and specifications shall be final and
binding upon all parties thereto. When said enntraet is awarded it
shall contain a clause to the effect that it is subj eat to the pro-
visions 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. 7, 1921, relating to local public improvements, as amended by
Ordiname No. 9, 1926; and that the agreed payments shrill not
exceed the estimate of the City Engineer and the amount appropriated,
and that upon ten (10) days not lee the work under scald oo ntraet,
without cost or claim against the City of Fort Collins, may be
suspended for subst ant ial cause and upon complaint of any owner of
real esta 6e to be assessed for the improvements, that the iTnp roveme nta
are not being oonstrmoted in accordance with the contract, then the
City Council may consider the complaint and make such order as mRLy 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 daid district to be
accepted by the contractor at par, or vdiether payment shall be made
to the contractor in money , all at the option of the City Council.
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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 and control of the. Commissioner of Public
Works and the City Engineer, acting for said oity.
Section 10. When the said public improvements in Test
Mountains Avenue Improvement District No. 24 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 of land abutting upon said West Mountain Avenue
Improvement District No. 24 in proportion as the frontage and area:
of each lot or tract of land is to the frontage and area 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
ord.inarae 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-Offioio 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
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entire bond issue at not less than par , which said bonds shall not bear
and thr e-fourths
interest to exceed four/ (44%) per cent per annum to be paid aemi-anm,ally,
avidenoed by coupons bearing the fac simile signature of the City Clerk,
all in accordance with Section 27 of Ordimnoe No. 7, 1921 , as amended by
Ordinance 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 duly paid, satisfied and discharged as herein 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 adoptdd by the unanimous vote of
all the members of the City Council this 9th day of April, A. D. 1927,
ommis toner o e n - cio or
ATTEST.
City Clerk.
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STATE OF COLORADO )
SS.
COUNTY OF LARIMER )
I, A. J. ROSENOW, City Clerk of the City of Fort
Collins , do hereby certify and declare that tba 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 9th
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 Conncil, 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 /.2 day of April,
1927, said Ordinance No. S was duly published in the Fort
Collins Express-Courier, a daily hewspaper 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 day of April, A. D. 1927.
Clerk,
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