HomeMy WebLinkAbout012 - 05/05/1923 - RELATING TO THE CREATION OF A COMBINED ALLEY, ROOF AND SURFACE DRAINAGE AND PERMANENT PAVING DISTRIC ORDINANCE NO �Z , 1923
BEING AN E6ERGENCY ORDINANCE RELATING TO TqE CREATION OF A COiIBIMDALLEY,
ROOF AND SURFACE DRAINAGE kqD PERMANENT PAVING DISTRICT TO BE KNOWN AS
COiMINED ALLEY IMPROVEMENT DISTRICT NO 5, SAID COMBINED ALLEY, ROOF AND
SURFACE DRAINAGE AND PERMANENT PAVING DISTRICT INCLUDING ALL THE LOTS
ABUTTING ON THE ALLEYS IN BLOCK 21, AND ALL THE LOTS ABUTTING ON THE
ALLEYS IN BLOCK 111, ON BOTH SIDES THEREOF, AND ALL INTERSECTIONS OF
SAID ALLEYS WITH STREETS, PROVIDIITG FOP THE CONSTRUCTION OF PERMANENT
IMPROVEn07TS THEREIN TO CONSIST OF ROOF AND SURFACE DRAIIA GE AND PERMANENT
PAVING OF THE ALLEYS WITHIN SAID DISTRICT, AND AUTHORIZING 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 2nd day of March, A D, 1923, which said
petition was duly signed by the owners of more than one per cent of the
surface area in the proposed district, as well as more than one-third
of the frontage dif the lots abutting on the alleys in said proposed
district, and further, by authority of a resolution of the City Council
duly passed and adopted on the 17th day of March, A D 1923, wherein the
City Engineer was authorized and empowered to prepare map, plans and
specifications and estimate of the cost of the improvements for alley,
roof and surface drainage and permanent paving in said proposed district,
and further, pursuant to a resolution of the City Council duly passed
and adopted on the 31st day of March, A D 1923, adopting the map, plans
and specifications and estimate of the total cost of the improvements for
alley, roof and surface drain ge and permanent paving in said proposed
district, there is hereb)r 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, to be
known as Combined Alley Improvement District No 5, comprising the alley
areas in Block 21, said alley extending from the intersection of Laporte
Avenue with the permanent paving in West Mountain Avenue, and further
including the alleys in Block 111 extending from the permanent paving
in West Mountain Avenue to the permanent paving in Oak Street, as well
as the branch in Block 21 extending to Mason Street, as well as the
branch in Block 111 extending to Mason Street, and all street intersections
of' said alleys th Laporte Avenue, Mountain Ave a and Oak Street, as well
as Mason Street, and all lots in said blocks abutting upon said alleys
within the limits of said Combined Alley Improvement District No 5, for
the purpose of ordering the construction of surface drainage within the
limits of said district, as well as the grading and permanent paving of the
alleys within the said proposed district to be composed of all the lots
abutting upon the alleys in Block 21 and all the lots abutting on the
alleys in Block 111 on both sides thereof
Section 2 That said petition prayed for the permanent improvement
of said district by providing for alley, roof and surface drainage and the
grading and permanent paving of the alleys within the said proposed district
to consist of one-course six-irch concrete paving to be installed as in
other alley paving districts throughout the City, which said petition was
made and filed under the provisions of Ordinance No 7, 1921, and which said
map, plans and specifications, as well as an estimate of the cost prepared
by the City Engineer were duly adopted by a resolution of the City Council
on the 31st day of March, A D 1923, 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 done in accordance therewith,
as provided by law
Section 3 That pursuant to the resolution of the City Council
of the 31st day of March, A D 1923, due notice was given to the owners of
property to be assessed, by due and lawful publication in the Fort Collins
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 cos* 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, as well as the cost per square foot
for drainage, as shown by the estimate of the City Engineer, and to the
further effect that on the 5th day of May, A D 1923, at eight o'clock A M ,
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in the Council Chamber in the City Hall of the City of Fort Collins, the
City Council would hear and consider all complaints and objections 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 5th day of May, A D 1923, 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 further finds that all the requirements
of the ordinance respecting the petition for said improvements and the
resolutions 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 the Combined IL11ey, Roof and Surface Drainage and Permanent
Paving known as Combined Alley Improvement District No 5 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 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-Officio Treasurer of the City of Fort Collins,
which said bonds shall bear date at such time w may be fixed by the City
Treasurer 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 Combined Alley Improvement
District No 5 of the City of Fort Collins, and shall be payable in twenty (20)
annual installmnts, five per cent (5%) thereof payable in each and eveyy
year during said period, 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 principal bond and attested by the fac simile signature
of the City Clerk, *icrh said bonds shall be in danominetions of five hundred
($500) dollars each Each of said bonds shall be subscribed by the
Commissioner of Safety and Ex-Officio Mayor, and attested by the City Clerk
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with the corpoi a seal of the City and register 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 Combined Alley Improvement District No. 5,
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 33 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
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 and payment at any time prior thereto, as provided in Section 27 of
Ordinance No 7, 1921 Pursuant to the power and authority contained in
Section 29 of Ordinance No 7, 1921, the payment of all the bonds issued
in 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 CQLORADO
CITY OF FORT COLLINS
CO?BINED ALLEY IMPPOVEMENT DISTRICT NO 5
No
The City of Fort Collins, in the County of Larimer, and State of Colorado, for
value received, acknowledges itself 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
_p 19 _, subject to call and payment however, at any time prior
thereto, as provided in the Act of the General Assembly hereinafter mentioned,
with interest thereon from date until payment at the rate of six per cent per
annum payable sem&-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 Combined Alley Improvement District No 5 by virtue of and in full conformity
with an Act of the General Assembly of the State of Colorado entitled, "An
Act to provide for the Construction of Local Improvements in Cities of all
Classes having a population of less than one hundred thod nd� and incorporated
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towns, the issuance of local improvement bonds theredor, and the Assessment
and payment of the cost of said improvements," approved April 8, 1899, said
Act being the same as Subdivision licit- of Chapter 120 of the Revised Statutes
of 1908 of the State of Colorado, concerning public improvements, and
Ordinance No 7, 1921, of said city duly adopted and approved, published and
made a law of said city prior to the issue hereof. 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 Combined Alley Improvement
District No 5, especially benefited by said improvements, and the amount of
the assessmont so to be made upon the real estate in said District for the
payment thereof, with secured interest, is a lies upon the said real estate
in the resrective 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 general taxes, but payment of said bonds is guaranteed by the City of
Fort Collins as provided by law and the ordinance authorizing the issue hereof,
and it is hereby certified and recited that the total issue of bonds of said
city for said District, including tris bond, does not exceed the estimate of
the City Engineer, the contract price of said 2mprovement, nor the amount
authorized by law, and it is further hereby certified and recited that every
requirement of law relating to the creation of Combined Alley Improvement
District No 5, the making of said local improvements 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 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 subscribed by its Commissioner of Hafety and Ex-Officio Mayor, 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 192
ATTEST
Commissioner of Safety and ExOfficio Mayor
City Clerk
(Form of Coupon)
No $
On the day of , 19 _ to 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, blihng six month s'
interest on its local improvement bond dated , 1923, issued for
the construction of the local improvements knoAn as Combined Alley Improvement
District No 5 provided this bord shall not have been heretofore paid
Attached to Bond No
City Clerk
Section 7 The Commissioner of Finance and ExOfficio Treasurer is
hereby authorized and directed to have printed a sufficient number of bonds of
the denomination of Five Hundred ($500) Dollars each numbered from 1 to 33
inclusive, as is required to meet the estima*ed cost of said improvements as
herein provided, and when said bonds ahlll have been duly prepared, they
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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 tie City Treasurer he is
hereby authorized and empowered, whenever funds may be in his hands to the
credit of Combined Alley Improvement District No 5, including six monthst
interest on the unpaid principal, to advertise two insertions 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 (30) 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 said bonds so
issued shall be called and paid in their numerical order
Section 9 Upon the taking effect of this ordinance, the Commission r
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, pland and specifications heretofore adopted, which advertisement shall
not be lees tnan ten days in the daily official newspaper pi.blished in the
City of Fort Collins, and all bids received under said advertisement shall
be submitted to the City Coun^il for approval or rejection, and no contract
shall be awarded in excess of the City Engineer's estimate of the cost of
said i-mrovements After the contract is awarded for construction the City
Council shall require a bord for the faithful performance of the same of not
less than tw-nty-five per cent of the contract price, with sufficient surety
or sureties to be approved by the Commissioner of Safety and E%Officid Mayor,
and the pork of construction 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, whos-e decision in all
matters of dispute respecting compliance with this ordinanc a and the
contract made th-reunder, and the -olans and specifications allll be final and
binding upon all parties thereto When said contract is awarded it shall
contain a clause to the effect tLat it is subject to the provisions of the
charter and of the laws under which the City of Fort Collins exists and of
this ordinance, and " 9 provisions of Ordinance No 7 1921, relating to local
public improvements, and that the agreed payments shall not exceed the estimate
of the City 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 Council
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 contain a clause to the
effect that the contract price shall be paid in bonds of the district, to be
accepted at par 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 inthe 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 Combined Alley
Improvement District No 5 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 as to the
permanent paving shall be assessed upon the lots or tracts of land abutting upon
said Combined Alley Improvement District No 5 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, and the cost of the alley, roof and surface drainage in said district
shall be assessed upon all the real estate in said Combire d Alley Improvement
District No 5, respectively, in proportion as the area of each piece of real
estate in the district is to the area of all the real estate in the district,
exclusive of public highways, all in accordance with the provisions of Ordinance
No 7, 1921, 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
0
Section 11 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 ExOfficio Mayor is authorized to
advertise for not less than ten days in the official newspaper of said city,
and sell sufficient of said bonds at not less than par, to pay the engineering
and other clerical expenses, including the cost of inspection , and in the
event that the work is ordered tobs done by the Commissioner of Public Works
by day labor, may sell the entire bond issue at not less than par, which said
bonds shall not bear interest to exceed six (6%) per cent per annum to be paid
semi-annually, evidenced by coupons bearing the fac simile signature of the
City Vlerk, all in accordance with Section 27 of Ordinance No 7, 1921
Section 12 This ordinance shall be irrepealable until the
indebtedness herein provided for, whenever the same shall be created, shall
eve been fully paid, 894isfied and discharged as herein provided
Section 13 In the opinion of the City Council an emPf+gency
exists for the pr-aervation of the public health, peace and safety, and
this ordinance shall take effect upon its passagems 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 unanimous vote of
all the members of the City Council this Oth day of May, A D 1923
C ssioner off Safety and fficio Mayor
ATTEST
City Clerk
STATE OF COLORADO )
SS.
COUNTY OF LAPIMER )
I, A J POSENOW, City Clerk of the City of Fort Collins, do
hereby certify and declare that the foregoing ordinance consisting of
thirteen (13) sections was duly 70 ose&rid read at length at a regular
meeting of the City Council held on the 5th day of May, A D 1923, and was
duly adopted iW and ordered published in the Fort Collins 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 provisions of Sections 6 and 7 of
Article IV of the City Charter of the City of Fort Collins, and thereafter
and on towit the 8 At day of o , 1923, said Ordinance
No /Z was duly published in the Fort Collins Courier, a daily
newspaper published in the City of Fort Collinsf Colorado
IN WITNESS WfR;REOF, Ihave hereunto set my hand and affixed the
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seal of said City tors $= day of May, A D 1923
t-Clty Clerk