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HomeMy WebLinkAbout031 - 09/26/1925 - RELATING TO THE CREATION AND ORGANIZATION OF CURB AND GUTTER IMPROVEMENT DISTRICT NO. 1, KENWOOD HEI ORDINANCE NO 1925, BEIIvG AN EMERGENCY ORDINANCF RMATING TO THE CREATION AND ORGANIZATION OF CURB AND GUTTER IMPROVEMENT DISTRICT NO 1, KENWOOD HEIGHTS IN THE Crff OF FORT COLLINS, PROVIDING FOR THE CONSTRUCTION OF THE IMPROVEMENTS THEREIN AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF CONSTRUCTION THEREOF WH A4, Under the authority and pursuant to the provisions of ;section 9 of Ordinance No 10, of the Series of 1914, and Ordinance No 7, 1921, relating to local public improvements, and the laws of the State of Colorado governing the same, the City Council on the 16th day of May, A D 1925, duly passed and adopted a resolution providing for the organization of a curb and gutter improvement district and designating the boundaries thereof and the lots and blocks therein, for the purpose of constructing curbs and gutters in a district composed of all lots in Blocks 1, 21, 32 4, 5 and 6, Kenwood Heights, City of Fort Collins, Colorado and WHEREAS, On the 23rd day of May, A D 1925, the City Engineer duly reported to the City Council map, plans, specifications and estimated cost of the construction of curbs and gutters for the proposed district and the schedule of assessments upon the lots and blocks in said curb and gutter improvement district, and which said report estimated the total cost to be $11,757 31 and described the total frontage to be assessed in said curb and gutter improvement district consisting of 7510 6 feet and the rate of assessment per front foot of $1 5654, and the cost for a fifty foot front lot is $78 27, and WHEREAS, On the 22nd day of August, A D 1925, the City Council duly passed and adopted a resolution adopting said report, map, plans specifications, details and estimate of the City Engineer, and authorized the publication of notice to the owners of all real estate in the proposed district, and to all persons interested generally, fixing the time of hearing %hen the City Council would consider the ordering by ordinance of the proposed improvements and -1- WHEREAS, Pursuant to said resolution, the City Clerk caused notice to be published in the official newspaper of the City of Fort Collins for a period as provided by ordinance, and provided in said notice that a hearing would be had on the 26th day of September, A D 1925, by the City Council at a regular meeting thereof to be held in the Council Chamber in the City Hall in the City of Fort Collins, at the hour of eight o'clock A M of said day, for the purpose of hearing all complaints or objections that may be made in writing concerning the proposed improvements by any owners of real estate to be assessed in said Curb and Gutter Improvement District No 1 Kenwood Heights, or any persons interested, before the final action to be taken on an ordinance creating and organizing said district and authorizing the improvements to be constructed therein, and WHEREAS, No complaints or objections have been made or filed concerning the proposed improvements therefore BE IT ORDAINED BY THE CITY COUNCIL OF TIM CITY OF FORT COLLINS Section 1 That pursuant to the terms and provisions of Section 9 of Ordinance No 10, of the Series of 1914, and Ordinance No 7, 1921, relating to local public improvements and the laws of the State of Colorado governing the same, there be and hereby is created and organized Curb and (hitter Improvement District No 1, Kenwood Heights City of Fort Collins, Colorado, consisting of all lots in Blocks 1, 2, 3, 4, 5 and 6 Kenwood Heights City of Fort Collins, Colorado and that the work of construction of said improvements in said Curb and Gutter Improvement District No 1 corsists of curbs and gutters of concrete, together with gutters crossing all alleys also curbing to sidewalk line of all alleys and private driveways, as per map on file in the office of the City Engineer Section 2 That pursuant to the requirements in the resolution of the City Council adopted on the 22nd day of August, A D 1925, due notice was District given to the owners of property to be assessed in said Curb and Gutter Improvement/ -2- No 1, dap due and lawful publication in the official newspaper of the City of Fort Collins, to-wit the Fort Collins Expre 3 a-Courier, a daily newspaper of general circulation in the City of Fort Collins, for two w9eks, once each week, as shown by the proof of publication on file in the office of the City Clerk, which said notice was to the owners of property to be assessed in the proposed curb and gutter improvement district, composed of all lots in Blocks 1, 2, 3, 4, 5 and 6, Kenwood Heights, City of Fort Collins, Colorado, and to all uarsons intar3st-d gen3rally, and designating the kind of improvement proposed, the number of installments, the time in which the cost would be payable, the rate of interest on unpaid and deferred installments, the extent of the district to be improved and assessed, together with the probable cost as shown by the estimate of the City Engineer, and the total frontage of real estate to be assessed in Curb and Gutter Improvement District No 1, and the cost per front foot, and to the further effect that on the 26th day of September, A D 1925, at eight o',,lock A M in the Council Chamber of the City Bell in the City of Fort Collins, the City Council would consider the ordering by ordinance of the proposed improvements, and hear and determine all complaints and objections that may be made and filed in writing concerning said proposed improvements by the owner of any real estats to be assessed in said proposed district, or any persons interested and that the map, plans and specifications and estimate and all proceedings of the City Council in the premis-e are on file and can be seen and examined at the City Clerk's office during business hours at any time within said period (being not lose than thirty days) by any person interested That pursuant to said notice, on the 26th day of September, A D 1925, at the hour of eight o'clock A M the City Council proceeded to hear azy objections that might have been filed respecting said proposed curb and gutter improvement district, and no complaints or objections having been made or filed, the City Council proceeded to determine that it was for the best interests of the taxpayers of said Curb and Gutter Improvement District No 1, as well as the City of Fort Collins, that the period of payment should be five (5) years in five (5) annual payments -3- Section 3 The City Council further finds that all requirements of the ordinance respecting the resolutions, and notices, required by the same 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 in said curb and gutter improvement district, as provided for in the map, plans and specifications heretofore adopted by the City Council and approved in this ordinance be and are hereby ordered to be constructed Section 4 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 City Treasurer, which said bonds shall bear date at such time as may be fixed by the Commissioner of Finance 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 Curb and Gutter Improvement District No 1, Kenwood Heights, City of Fort Collins, and shall be payable in five (5) annual installments, t5daty (20%) per cent thereof payable in each and every year during said period, and shall bear interest at the rate of five (5%) per cent per aamumi, 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 Five Hundred ($500 oo) Dollars each Each of said bonds shall be subscribed by the Commissioner of ,Safety and Ea,-Officia, Mayor, and attested by the City Clerks*U the corporate seal of the City and eountarsigned by the Commissioner of Finance and Ea-Officio City Treasurer, 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 assessments made for said imprevementa, all moneys ^olleeted from said assessments or from the sale of bonds shall be credited to Curb and Gutter Improvement District No 1, Kenwood Heights, and the funds -4- 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 2 inclusive, and shall be redeemable commencing one (1) year after date thereof, consecutively, and according to number and in 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 Pursuant to the power and authority contained in Section 29 of Ordinance No 7, 1921, relating to local public improvements, the payment of all the bonds issued in pursuance of this ordinance is hereby guaranteed by the City of Fort Collins Said bonds shall be received at par in payment of said improvements Section 5 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 CURB AND GUTTER IMPROVEMENT DISTRICT NO 1 No The City of Fort Collins, in the County of Larimer and State of Colorado, for value r3ceivad, acknowledges itseelf 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 provided in the amendment to Section 1 of Article %VII of the City Charter, passed and adopted April 6, 1920, and Ordinance No 7, 19210 relating to local public improvements with interest thereon from data until payment at the rate of five (5APer 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 issued for the purpose of paying the cost of the local improvements in Curb and Gutter Improvement District No 1 by virtue of and in Rill conformity with the amendment to Section 1 of Article %VII of the City Charter, passed and adopted April 6, 1920, and Ordinance No 7, 1921, relating to local public improvements This bond is payable out of the proceeds and spscial assessments to be levied upon the real property situts in the City of -5- Fort Collins in said uurb and Gutter Improvement District No 1, 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, exc-pt 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 estivate 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 Curb and Gutter Improvement District No 1 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 do#e 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 Jh3reof, the said City of Fort Collins has caused this bond to be subscribed by its Commissio-mr of Safety and Ex-Officio Mayor, countersigned by its Commissioner of Finance and Ea-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 ATTEST Commissioner of Finance and Ex-Officio City 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 monthst interest on its local improvement bond dated , 1925, issued for the construction of the local improvement known as Curb and Gutter Improvement District No 1, provided this bond shall not have been heretofore paid Attached to Bond No City Clerk Section 6 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 Five Hundred ($500 co) Dollars each, numbered from 1 to 24 inclusive, as is required to meet the estimated cost of said improvement 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 -b Section 7 Menever the City Treasurer has funds in his hands to the credit of Curb and Gutter Improvement District No 1, including six months' interest on the unpaid principal, he shall by advertisement once a week for throe apnsecutive weeks, in the official newspaper of said City call in a suitable number of said bonds of said district for payment, and at the expiration of thirty (30) days from the first publication of such notice, interest on the bonds so called shall cease The notice shall specify the bonds so called by number, and all said bonds so issued shall be called and paid in their numerical order Section 8 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, vihich advertisement shall be for not 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 improvement After the contract is awarded for construction, the City Council shall regaire a bond for the faithful performance for same equal to the amount of 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 when so awarded under said contract shall be under the general control of the Commissioner of Public Wbrks and in the ia¢nediate 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 awarded it shall contain a provision to the effect that it is subject to the provisions of the City Charter, and of the laws under which the City of Fort Collins exists, and of Ordinance No % 1921 and this ordinance, and that the agr-ed payments shall not exceed the estimate of the City Engineer and the amount appropriated, and that upon ten days' notice the work under said contract, .7- 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 improvement that the improvement is not being constructed in accordance with the contract, than the City Council may consider the complaint and make such order as may be just, and its decision shall be final The City Council shall have the right to reject any and all bids which may be made by any person or persons, firms or corporations, for the construction of said improve- ments, and when in the judgnent of the City Council it shall be deemed to the best interests of said City of Fort Collins, the said City Council is hereby authorised 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, eLpervision and control of the Commissioner of works and the City Engineer, acting for said City Section 9 when said public improvement in Curb and Gutter Improvement District No 1 shall have been completed and the same approved by the City Engineer, recommended for acceptance by said officers, 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 Curb and Gutter Improvement District No 1 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 said assessments when made and reported by the City Engineer and approved by the City Council, shall be assessed against the property in Curb and Gutter Improvement District No 1 by sai ordinance to be adopted as provided by Ordinance No 7, 1921 Section 10 For the purpose of paying for engineering and otter 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 (10) days in the official newspaper of said City, and sell as many of said bonds as may be necessary, at not less than par, and use the proceeds thereof for said purpose, and in accordance with the provisions of Ordinance No 7, 1921 8- Section 11 This ordinance shall be irrepealable until the indebtedness herein provided for, vibenever the same shall be created, shall have been fully paid, satisfied and discharged as herein provided Section 12 In the opinion of the City Council an emergency etists for the preservation of the public health, peace and safety, end 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 IY of the City Charter Introduced, read at length and adopted by the unanimous vote of all the members of the City Council t is 26th flay of September, A D 1925 Commissioner of Safety an Officio B or ATTEST ity Clerk STATE OF COLORADO ) * SS COUNTY OF LARIIMER ) I, A J ROSENOW, City Clerk of the City of Fort Collins, do hereby a-rtify 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 26th day of September, A D 1925, 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 Coi.ncil, as an emergency ordinance, in accordance with the provisions of Sectionk 6 and 7 of rt cle IP of the City Charter and thereafter, on to-wit the day of A D 1925, said Ordinance No 0/ was lisbed in the IFort Collins Express-Courier, a daily newspaper published in the City of Fort Collins, Colorado IN WITNESS WHEI%OF, I have hereunto set my hand and affixed the seal of said City, this -4,0-,141 day of September. D 1925 City Clerk -9-