HomeMy WebLinkAbout025 - 08/27/1923 - RELATING TO THE CREATION OF LAUREL STREET IMPROVEMENT DISTRICT NO. 9, LIMITING AND DEFINING THE STRE ORDINAD'.CE N0. z'5 , 1923
BEING AN M]ERGNCY ORDINANCE RELATING TO TEE CREATION OF LAUREL S=T T
ITIPP.OVE OTZ DISTRICT NO. 9, LIIdITING A1VD DEFI?iING THE STREET AREA TO
BE PAVED, AND PROVIDIITG FOR THE CONSTRUICTION OF PERI3ANEPT I111PROVDaNTS
THEREIN, AND AUTHORIZING TEE ISSUKME OF BONDS TO PAY THE COST OF
CONSTRUCTION THEREOF.
BE IT ORDAINED BY TY.E CITY COUNCIL OF TEE CITY OF PART COLLINS:
Section 1. That pursuant to a petition duly filed and (.,resented
to the City Council on the 26th day of I-lay, 1923, 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 30th day of June, 1923,
there is hereby created and organised an improvement district under and
by virtue of the irovisions of Ordinance No. 7, 1921, relating to local
public iniprovemerts, passed and adopted April 2, 1921, to be known as
Laurel Street Improvement District No. 9, comprising the street area
sixty (50) feet in width between curb lines extending on 11hedbee Street
from the South property line of idulberry Street where the same intersects
Whedbee Street to the north property line of Laurel Street where the
same intersects Whedbee Street, and extending on Laurel Street from
the East property line thereof on Nbedbee Street to the East property
line of South College Avenue Improvement District No. 11, where the
same intersects Laurel Street, including all alley and street intersections
within the area of said district, said sixty (60) feet street area being
from curb line to curb line; said improvement district to include the
following property for the assessment of the cost of the same within its
boundaries, towit: Blocks 155, 1560 157, 165, 166, 146, 136, 126, 127,
137 and 147, all of said blocks abutting upon the street area within
the limits of said permanent improvement district for the purpose of
ordering the grading, paving, curbing and guttering of said area within
said proposed district, extending on Whedbee Street from the South
property line of lbalberry Street where the slime intersects Whedbee
Street to the North property line of Laurel Street where the same
intersects Whedbee Street and extending on Laurel Street from the Fast
property line the eof on Whedbee Street to the East property line of
South College Avenue Improvement District No 11 w}iere the same
intersects Laurel Street said permanent improvements to consist of one-
col-ree reinforced concrete +he ., ;me as installed in other permanent
improvement districts throughout tle city, and the curbs and gutters to
I%e of concrete cement of the same specifications as in West Mountain
Avenue Improvement District No 8
Section 2 That the said petition prayed for the permanent
improvement of said district by grading, paving curbirg and gut erirg
to consist of reinforced concrete paving of -e w ise known and de.cribed
as one-course, reiitbrced concrete cement the same as installed in other
Raving districts throughout the City, and curbing and guttering in the
same manner as West IJfountain Avenue Imrrvve-nent District 10 8, which
said petition was made and filed under tLe provisions of Ordinance No 7,
1921, and that the plans and specifications together vi h the mao
prepared by the City Engineer be and 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 done in accordance therewith,
as provided by law, together with the estimated cost of the construction
of said improvements omounting to Ninety-seven thousand three hundred
twent,-seven and 97/100 ($97,327 97) Dollars which amount includes the
cost to be assessed against the property owners for paving of the street
area and curb.Lng and guttering all to be assessed against the o mere of
lots and lands in said district abutting uoon said inproverrents when
corpleted and accepted, in accordance with the provisions of Sections
7 and 8 of Ordinance No 7, 1921
Section 3 That pursuant to the requirements of the resoiLtior
of the City Co .ncil duly adopted on the 30th day of Jt,ne 1923 due
notice wis given to the owners of property to be assessed by di-e and
lawfi.l publication in the Fort Collins Coarier a daily nevspaper of
general circulation in the City of Fort Collins for a period as
2
required by lav, as s own by the proof of publica ion on file in the
office of the City Clerk, which said notice was }o 'he owners of the
property to be assessed and designated the kind of improvements proposed,
the n=ber of installments and the time in %rhicn the cost would be
payable the rate of interest on the unpaid and def-rred installments,
the extent of +he district improved, togetner with the probable cost per
front foot as shown by the estimate of +he City Engineer and to the further
effect tnat on the 4th day of August A D 1923 at eight o'clock A M ,
in the Council Clwnber in the City Hall of the City of Fort Col ins the
City Council would hear and consider all cor-olaints and objections that be
made and filed in writing concerning the uroposed improvements by the
owher of any real estate to be assessed that in pursuance of the said
notice the said City Council did sit to hear cor-olaints at said meeting
held on the 4th day of August, A D 1923, and the Council having considered
a remonstrance heretofore filed, on motion the aw-e was
l
Sect on 4 The City Council finds that all the requirements of the
statute respecting the retition for said improvements and the resolutiors
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 with in all respects and it is hereby ordered that the improvement
of Laurel Street Improvement District No 9 as provided for in the Map,
plans and specifications heretofore adopted by the City Council and aroroved
in this ordinance be and is hereby ordered to be corstructed
Section 5 For the -ourpose of Laying the cost of said improvements,
bonds of the Oily of Fort Collirs are hereby autrorized to be issued by the
Commissioner of Finance and Ex-Officio Treasurer of tle Citv of fort Collins
which said bonds shall bear date at such time as may be fixed by the City
Treasurer after the work of improvement nas been co=enced in said district,
but said date shall be uniform for all bonds issued, and in such form as
may be apTroved by the City Co%Ancil after submission by tie Commissioner of
3
Finance said bonds Wiall bear the name of Laurel Street Improvement
District No 9 of the CitS of Fort Collins and shall be payable in
twenty (20) annual installments, five per cent (5/) thereto payable in
each and every year during said -aeriod and shall bear interest at the
rate of six (6%) per cent per annum, payable semi-annually said interest
to be evidenced by coupons attached to the Ar�ncipal bond and attested by
the fac sivile signs, ure of the City Clerk, wnieh said bonds shall be in
deno-nin-,tions of five lr_ndred dollars (�500 oo) each Each of said bonds
shall be subscribed by the Commissioner of Safety and ExPOfficie Mayor, and
a tested by the City Clerk with the corporate seal of the City and re-,istered
with the City Treasarer, and shall be delivered fron tine to time as
required for the payment of the work herein -)rovided Said bonds shall
be redeemable oat of the moneys collected on account of the asses^ments
made for said improvements all moneys collected from said assessments or
from the sale of bonds for said improve-nent� shall be credited to Laurel
Street Improvement District No 9 and the f5nds so collected shall only
be -aed ror the payment of the work of construction of a uid improvements
and the interest thsreon Said bonds s all be numbe-ed from 1 to 195
inclusive and snall be redeemable consecuti7ely according to number and
in the order of issuance Said binds shall only be issued and delivered
by trie City Treas-rer on estimates and order of the City Engineer signed
and avoroved by the Commis.ioner of Safety and Ex-Gfficio Mayor, when
said estimates have been dulj audited and approved by the City Council and
ordered paid All of said bonds shall be 4bsolutely dz.e and pay able
twenty (20) years after the date of issue bzt shall 1-e saoject to call
and payment at any time prior thereto, as provided in Section 27 of
Ordinance Jo 7, 19?1 Pursuant to the power and azithority contained
in Section 29 of Ordinance No 7, 1021, the payment of all the bonds
issued in vir+ae of this 6rdinance is hereby guaranteed by +he Ci'v of
Fort Collins
n
Section 6 Said bonds and the coupons attached thereto shall be
in sabstantially the following form
UNITED STATES OF A,1ERICA
STATE OF COLORADO
CITY OF FORT COLliINS
LfiUEEL STREET IMPROVE MidT DISmPICT TO 9
lro
Tie City of Fort Collins, in the County of Larimer end State of Colorado,
for value received, acknowledges itself indebted and hereby iromises to raS
to the bearer hereof the stun of Dollars
in lawful money of the United States at the office of the City Treasurer of
said City on the day of lc2 , subject to call and
payment however, at any +i7e prior Cher to aN rrovided in t -9 Act of the
General Assembly hereinafter mentioned, idth interest thereon Prom date
until payment at the rate of six rer cent ner annum uayable semi-annually
on the day of and the day of ,
at the office of the City Treasurer of ne Ci J of Fort Collins, t.-oon
presentation and surrender of the annexed co_nons as they severally become due
This bond is issued for the purpose of paying the cost of the local
im.l.rovements in Laurel Stiset Improvement District fro 9 by virtue of and
in fill conformity vith an Act of the General Assembly of the State of
Colorado, entitled, "An Act to Provide for the ConatrLct on of Local
Improvements in Cities of all Classes having a population of less than one
hundred thousand, and incorporated towns, the issuance of local improvement
bonds tneredor, and the Assessment and Paiment of the cost of said improvements,"
approved April 8, 1899, said Act being the same as Subdivision "C" of
Chapuer 120 of tits Revised Statutes of 1908 of t'ae State of Colorado,
concerning uublic improvements, and Ordinance No 7, 1921 of said City daly
adopted and approved, published and made a law of said city prior to the issue
neieof This bond is payable out of Vie proceeds and special assessments to
be 1-vied upon the real property situate in the City of Fort Coll ns in
said Laurel Street Improvement District No 9, especially benefited by said
improvements, and the amount of the assessment so to be made upon the real
es ate in said District for the payment thereof, vith accrued interest is
a lien upon the said real estate in tie 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 oy said city and the lien of general taxes but payment of said
bonds is guaranteed by the Ci y of Fort Collins as nrov_ded by law and
the ordinance authorizing the issue hereof and iy is I-eieby certified and
recited that the total issue of bonds of said city for said District
including t-iis bond does not exceed the estimate of the City Engineer,
the contract price of said improvement, „or the amount autlorized by law
and it is furtrer hereby certified and recited that every requiremont of lai
relating to the creation of Laurel Street Inprovemen+ District To 9, the
making of said local improvements and the issuannce of tale bond has been
full,)r complied with by the proper officers of said city and twat all
conditions required to exist and all things recuired to be done precedent
to and in the issuance of this bond to render the same lawful and valid,
have napoened and been properly done and performed, and did exist in re6n lar
and due time form and manner as required by law
IN TESMIONY 19IIER"OF, The said City of Fort Collins has caused this bond to
be sabscribed by its Commissioner of Safety and Ex-Officio iiayor attested
by its City ClerAt under t .e seal of said City and the interest coupons tnerebo
attached to be at ested by the fat simile signature of the City Clerk as of
the day of 192
Commissioner of Safety and ExOfficio Mayor
AT^EST
01tJ Clerk
(form of cou3on)
PTO $
On the day of , 192 , the City of Fort
Collins will nay to the bearer Dollars
in lawful money of the United States at t -e office o-P the City Treasurer
of Fort Collins, Coloredo, being six non lie' interest on its local
improvem-nt bonds dated , 192 , iosued for
the construction of the local improve-nents knoiti as Laurel Street
Improvenent District No 9, provided tnis bond ahall not have been hereto-
fore paid
Attached to Bond No
Citv Clerk
Section 7 The Commisrioner of Finance and Ex-O£ficio Treasurer
is hereby authorized and directed to have printed a safficient number of
bonds of the denomination of Five ituldred 0500 oo) Dollars each numbered
from 1 to 195 irclasive, as is required to me-t the estimated cost of
said irprovements as nerein provided, and when said bonds shall have been
dulv prepared, they srall be retained by +hs Citj Treasurer to be issued
and delivered from time to tLTMe as hereinbefore provided
Section 8 19henever considered prudent by the City Treasurer he
is hereby authorized and wgpowered,whenever funds may be in his hands fo
the credit of Laurel Street Improvement District No 9 inclading six
months' interest on the unpaid principal, to advertise two insertions in
the official newspaper of said City, and call in a su table number of bonds
of said district for payment, and at the e-Kr) ration of trirty (30) days
from the first publication intere t on said bonds so celled shall cease
The notice shall specify the bonds so called bN number and all said bonds
so issued shall be called and paid in their r�zerical order
Section 9 Upon the taking e'fect of this ordinance, the
Commissioner of Safety and Ex-Officio Mayor, is nereby authorized and
empowered to advertise for bids for the construction of said _rnrovements
in accordance with the map, plans and specifications heretofore adopted,
wh_ch advertisement shall not be less than ten days in the daily official
newspaper published in the City of fort Collins and all bids received
under said advertioemen snall be submitted o the City Coincil for
approval or rejection and no con ract shall be a�,arded in excess of +he
City Engireerts estimate of +he cost of said improvements After the
contract is awarded for the construction the Citj Co_ncil shall
regaire a bond for the faithful performance of the same of not less than
t%Rnty-five per cent of the contract price, with sufficient surety or
sureties to be approved by the Corrnissioner of Safety and ExOfficio Mayor,
and the work of construction when so awarded under said contract shall
be under the general control of the Commissioner of Public Worxs and in
the immediate charge, control and supervision of the City Engineer, wiose
decision in all matvere of dispate respecting comi,liance with this
ordinance and the contract made thereunder, and the plans and specifications
shall be final and binding unon all par ies here o Tien said contract is
awarded it shall contain a clause to Via effect +hat it _s subject to the
provisions of the charter and of +he laws under wb ch the City of Fort
Collins exists and of this ordinance and the provisions of Ordinance IIo 7,
1921 relating to local ptblic improvemen-s and that the agreed payments
shall not exceed the estinite of the City Engineer and Vie amoi.nt
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
supended for substantial cause and upon complaint of any owner of real
as ate to be assedded for the improvements that the improvements are not
being constructed in aocardarce with the contract, then the City Council
may consider the complaint and make such order as may be jtst, and its decisim
shall be final When said contract is awarded it shall contain a clause
to the effect that the contract price shall be paid in bonds of tho said
district to be accepted at par The City Coi-ncil shal.L have the right
to reject any and all bids which may be made by any person or persols for
the construction of said improvements, and when in t1is jtdgrent of the
Citv Council it shall be deened to the bast interests o^ said City of
Fort Collins t 1e said City Councill is }.ereby authorized and empowered
to provide for doing such work by hiring parties by the day and to
arrange for purchasirg the necessary materials to do such work under
the direction supervision, and control of the Co^rnissioner of Public
Works and the City Engineer acting for the City
}
Section 10 When the said public improvement in Laurel Street
Improvement District No 9 shall have been com-oleted and the same approved
by the City Engin-er and recona2ended for aeceDtan�e by said officer, and
duly accepted by the City Council of the City of Fort Collirs, the cost
thereof shall be assessed tipbns lots or tracts of land abutting aaon
said Laurel Street Im-orovement District No 9 in Dropertion as the fronta,;e
of each lot or tract o' land is to the frontam of all the lets or tracts of
land so irrDroved, which ass-ssmente when so reported by the City Engineer
and aDuroved by the City Council shall be assessed agairst the proper y
in said improverent district oy an ordinance to be adopted as provided by la}
Section 11 For the purpose of paying for engineering and other
clerical expenses and the cost of i-spection upon the approval of the City
Council, the Corimi.ssioner of Safe y end Ex-Officio Mayor is attvhorized to
a-vertise for not less than ten days in the official ne :apaper of said
city, and sell sufficient of said bonds at not less than Dar to nay the
engineering and other clerical expenses incl_ding the cost of insrection,
and in the event that `hs work is ordered to '6e done by tiie Commissioner of
Public Works by day labor may sell the entire bond issue at not less than
bar which said ponds ahll not bear interest to e-ceed six Wo) per cent
per annum to be Daid semi-annually evidenced by couroons bearing the fac
simile signattre of t2s Citj Clerk all in accordance with Section 27 of
Ordinance No 7 1931
S-ctior 12 This ordinance shall be irreDeala11e i.ntil the
inde'mtedreen herein Drovidea +b r, whenever the sane shall be created srs1.L
tiiave been fully paid satisfied and disci rged as herein prov_dna
Section 11 All ordinances and par s of ord rances in conflict
rath this ordinance are hereby rerealed
S-ction 14 In the opinior of the Ci+y Council en emergency
exists for the nres rvat on of the public liealth peace and safety, and
this ordirance a -all take effect upon its passage and 1,1.blication -Lnder
and by virtue of the authority contained in Gections 6 and 7 of Article IV
of the City CL-ar ei
Introduced read at length and edopted by the unanirrous vote
of all members of the Cit3 Council rift t is � day of
A D 1923
on4niesioz �r of Safety an fxOffieio ITayor
ATTEST
City Clerk
4^AmE 07 COLORADO )
SS
COUIT''Y OF L 9RI11FR )
I A J ROSE jOtl, City Clerk of fl+e Ci+y of Fort Collins,
do hereby certify and declGre that t'Le foregoing ordinance consisting of
fourteen (14) sections was duly proposed and read at length/at a reg lar �
m sting of t2B City Council held on the ,Iz_ d y of
19ti3 and wao duly edopted and ordered published in the Fort Collins
Courier, a da.il newspaper and the official newspa-oor of +-ne City of Err
Col�ins, by the .animus vote of ell +he rrenbers of he City Council, as
an emergency ordinance, in accord nee with the uro nsiors of Sections 6 and
7 of Article IV o" the City Charter of t�- City of Frrt Collirs and tare.ifter
s�
and on to Mit tre 8 day of , 1023 said Ordinance
ITo was duly published in he Fort Collins Co Tier, a dail -ewspare
published in +h-, City of Fort Collins, Coloiado
and
IiT I'IIMTESS WIETEOF, I have hereunto ��set my hand/affi-ed
the seel of said City this day of �el� , 1023
City Clerk