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HomeMy WebLinkAbout003 - 01/27/1923 - RELATING TO THE CREATION OF PEARL STREET PERMANENT IMPROVEMENT DISTRICT NO. 10, LIMITING AND DEFININ ORDIP'AIvCE NO 3 , 1923 BEITG AN EORGENCY ORDIMUTCE RELATING TO mFE CREATION OF PEARL STREET PERPrawT IIIPROmEr-P DISTRICT Pao 10, LINITII'G AND DEFINIIIG TIE STREET AREP TO BE PAVED, AS WELL AS THE PARKIIvG GND SIDET" AREA WITHIN THE LIMITS OF SAID DISTRICT AND PROVIDII\G FOR THE CONSTRUCTION OF PERMANENT IMPROVEMENTS THEREIN, AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF CONSTPUCTIOI1 THFREOF BE IT ORDAINED BY THE CITY COUNCIL OF mhT CITY OF FORT COLLINS Section 1 That pursuan+ to a petition dulv filed and presented to the City Council on the 25th day vf November, 1922, which saio. petit on was duly and reggklarly signed by the vnrers of more than one-third of the frontage in the proposed district, as evidenced by a resoll-tion of the City Council duly passed and adopted on the 2nd day of December, 1922, there is hereby created gnd .,rganized an improvement dis+rict under and by virtue of the provisions of Ordinance No 7, 1921 relatirg to local public improvements, passed and adopted April 2, 1921, to be knovm as Pearl Street Permanent Improvement District No 10 comprising the street area twenty-six (26) feet in width between curb lines extending from the intersection of the North property line of west Mountain Avenue with Pearl Street to the intersection of the South property line of Laporte Avenue with Pearl Street, which said improvement district does not include any street intersections but does inclade all allej* intersect ons within the area of said district said +wenty-six feet stree area being from curb line to curb line, and that the full width of said street of forty (40) feet as shorn by the pla+ it connectior with the plat of Blocks 1 and 2 of Hensel's Addition to the City of Fort Collins fo" street purposes, be divided as follows Twenty-six feet between curb lines for street area as the basis for the permanent improve- ment of said area, and seven (7) feet between carb line and proxe rty line on each side of the street for parking and sidewalk area, said parking being limited to three (3) feet in width and the sidewalk area to fear (4) feet t'ie inside line of the sidewalk on both sides of the street coinciding with the property line, said improvement district to include the following property for +he aosessment of the cost of the samd within its boundaries, to%A t Lots 3 7, 9, 11, 13 15 and 17 in Block 1, Hensel's Addition and Lots 4 8 10 12, 14, 16, 18 and 22 in Block 2 Hensells Addition all of said lots and blocks abutting upon the street area within the 1=41-s of said permanent improvement district for the purpose of ordering 1 the grading, paving, curbing and guttering of said area within said proposed district, extending from the North proper y lire of West Mountain Avenue whore the same intersects Pearl Street to the Soath property line of Laporte Avenue where the same intersects Pearl Street, said permanent improvements to consist of one-cotixse, reinforced concrete the same as installed in other permanent improvement districts throughout the city, and the curbs and gutters to be of concrete cement of the samdjmpecifications as in West Mountain Avenue Improvement District No 8 and the intersection of said permanent improvement district with said West Mountain Avenue to conform with the permanent pavirg already made at the intersection of West Mountain Avenue and Pearl Street Section 2 That the said petition prayed for the permanent improvement of said district by grading, paving, curbing and guttering to consist of reinforced concrete paving otherwise known and described as one- diourse reinforced concrete cement the same as installed in other paving districts throughout the City, and curbing and guttering in the same manner as West Mountain Avenue Improvement District No 8 which said petition was made and filed under the provisions of Ordinance No 7, 1921 and that the plans and specifications, together with the map prepared by the City Ehgineer, 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 amour ing to Eight Thousand one hundred seventy-six and 02/100 ($8176 02) Dollars, which amount includes the cost to be assessed against the property owners for paving of the street area, and curbing and guttering all to be assessed against the owners of lots and lands in said district abutting upon said improvements, when completed 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 resolution of the City Council duly adopted on the 2nd day of December, 1922, dae 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 2 circulation it the City of Fmrt Collins, for a period as required by law, as snown 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 kird of improvements proposed, the number of installments and the time in which the cost would be payable, the rate of interest on file unpaid and deferred installments the extent of the district improved, together with the probable cost per front foot as sho%m by the estimate of the City Engineer and to the further affect that on the 27th day of January, A D 1923, at eight o1clock A M , 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 27th day of January, A D 1923, and that no complaints in writing concern ng 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 respecting the petition for said improvements and the resolutions and notices requir-d by law to be given in respect the-eto 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 Pearl Street Permanent Improvement District No 10 as provided for in the map, plans and specifications heretofore adopted by the City Council and approved in this ordinance, be and is hereby ordered to be constructed Section 5 For the purpose of paying the cos* of said improvements, bonds of the City of Fort Collins are hereby authorized to be issued by the Commissioner of Finance and Fx-Cfficio Treasu-er of the City of Fort Collins, which said bonds shall bear date at such time as may be fixed by the City Treasurer after the work of improveirent has b-en commenced in said district, but said date shall Is 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 Pearl Street Permanent Improvement District No 10 of the City of Fort Collirs and shall be payable in twenty (20) 3 annual installments, five per cent (5%) thereof payable in each and every 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 signa4- re of the City Clerk, which said bonds shall be in denominations of five hundred dollars ($500 oo) each Each of said bonds shall be subscribed by the Commissioner of Safety and Ex Officio Mayor, 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 monels collected from said assessments orlfrom the sale of bonds for said improvements shall be credited to Pearl Street Permanent Improvement District No 10, 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 17 inclusive and shall be redeemable consecutively acording 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 W-solutely due and payable twenty (20) years after the date of issue, but shall be subject to call and payment at any time prior thereof, as provided in Section 27 of Ordinance No 7, 1921 Pursuant to the power and authority contained in mmki Section 29 of Ordinance Yo 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 sub9tantially the following form 4 UNITED STATES OF AMFRICA STATE OF COLORADO CITY OF FORT COLLINS PEARL STREET PEIUMTENT IPYTROVMMTT DISTRICT h0 10 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 beer hereof the sum of Dollars in lawful money of the Lnited States at the office of the City Treasurer of said City, on the day of , 192 _, 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 nix pex cent pe r ennu*; r t r r n 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 improve- ments in Peal-lStreet Permanent Improvement District No 10 by virtue of and to full conformity with an Act of the General Assembly of the State of Colorado entitled, "An Act to Provide for the Construction of Local Improvemients in Cities of all Classes having a population of less than one hundred thousand, and incorporated towns, the issuance of local improvement bonds therefor, and the Assessment and Payment of the cost of said improvements " approved April 8, 1899 said Act being the same as Subdivision "C" of Chapter 120 of the Revised Statutes of 1908 of the State of Colorado, concerning public improvements and ardinance No 7, 1921 of said city duly adopted and approved published end made a law of said city prior to the issue hereof This bond is payable out of the Droceeds and special assessments to be levied upon the real property situate in the City of Fort Collins in said Pearl Street Permanent Improvement District No 10 especially benefited by said improvements and the amount of the as essment so to be made upon the real estate in said District for the payment thereof, with a mrued 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 prioity over all other leans, except other bonds heretofore issued by said city and the lien of general taxes tut 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 Dis+riot in(-luding this bond, does not exceed tns estimate of the City Engineer the contract price of said Lnprovement, nor the amount autiorized by law and it is fur+her here lty certified and recited that every requirement of law relating to the creation of Pearl Street Permanent Improvement District No 10 the making of said local improvements and the issaanee 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 performad, and did exist in regular and due time, form and manner as required by law IN TESTMONY VrBEREOF The said City of Fort Collins has caused this bond to be subscribed by its Commissioner of Safe+y and Ex-Officio Mayor, attested by its City Clerk under the seal of said city, and the interest coupons thereto a:ttacbed to be attested by the fac simile signature of the City Clerk as of the day of , 192 Commissioner of Safety and ExOfficio Mayor ATTEST City Clerk 5 (Form of Coupon) No $ On the day of , 192 the City of Fort Collins will pay to the beater Dollars in lavful money of the Jnited States at the office of the City Treasurer of Fort Collins, Coloradq being six monthst interest on its local improvement bond dated 1923 issued for the construction of the local improvements known as Pearl Street Permanent Improvement Di3trict No 10 provided this bond shall not have been heretofore paid Attached to Bond No City Clerk Section 7 The Comissioner of Finance and Ex-Officio Treasurer is hereby authorized and direct d to nave printed a sufficient number of bonds of the denomination of Five Fundred Dollars ($500 oo) each numbered. from 1 to 17 inclusive, as is required to meet the estimated cost of said improvements as herein provided and when said bonds sktall 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 B Whenever considered prudent by the City Treasurer he is hereby authorized and empowered whenever funds may be in his hands to the credit of Pearl Street Permanent Improvement District No 10 including six monthat interest on the unpaid principal, to advertise fwo insertions in the official nefpaper of said City and call in a suitable rrunber 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 lq= 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 Co=nissioner of Safety and Ex-Officio Mayor is hereby authorized and empowered to advertise for bids for the construction of said improvements in accordance with tke fore map, plans and specifications hereto/sttax adopted which 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 advertisement shall be subdAtted to the City Council for approval or rejection, and no contract shall be awarded in excess of the City Engineerts estima a of the cost of 6 said improvements After the contract is awarded for construction the City Council shall require a bond for the failthful performance of the same of not less than twenty-five per cent pf the contract price witn sufficient surety or sureties to be approved by the Commissioner of Safety and Ex- Officio Mayor and 4he work 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 whose decision in all matters of dispate rospecting compliance with this ordinance and the contract made thereunder, and the plans and specifications shall be final and binding upon all parties hereto when said contract is awarded it shall contain a clause to the effect that it is subject to the provisions of the cha-ter and of the laws ander ftxa which the City of Fort Collins exists and of t"iis ordinance, and the provisions of Ordinance No 7, 1921, relating *o local public improvements, and that the agreed payments shall not exceed the estimate of the City Engineer and the amoi.nt appropriated and tat upon ten (10) days' notice the work under said contract, without cost or claim against the City of Fort Collins, may be suspended for sabstantial cause and uoon 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 Vie complaint and make such order as may be jaet, and its decision shall be final when said contract is awarded it shall contain a clause to the effect that ttxta the contract price shall be paid in bonds of the said district, to be accepted at par The City Council shall have the rignt to reject any and all k=& bids cihich 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 empowerdd to provide for doing such work by hiring parties by the day and to arrange for purchasing the necessary materials to do such wom under he direction, saroervision and control of the -7- Commissioner of Public Works and the City Engineer acting for said city Section 10 When the said public improvements in Pearl Street Permanent Improvement District No 10 shall have been completed and the sane approved by the City Ebgineer 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 trac a of land abutting upon said Pearl Street Permanent Improvement District No 10 in proportion as the frontage o-P each let or tract of land is to the frontage of all the lots or tracts of land so impro ed, which assessments when so reported by the City Engineer and approved by the City Council shall be assessed against the property in said improvement die*riot by an ordinance to be adopted as provided by law Section 11 For the purpose of paying for engineering and otner clerical expenses and the cost of inspection upon the approval of *he City Council the Commissioner of Safety and Ex-Officio Mayor is authorized to advertise for not less than ten days in the offielalneaspaper of said city and sell sufricient 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 to be done by the Commissio-er 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 Clerk 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 have been fully paid, satisfied and discharged as herein provided Section 13 All ordinances or part& of ordinances in conflict with Section 1 of this ordinance respecting Via street area, location of parking and sidewalk area and the width thereof are hereby repealed Section 14 In the opinion of the City Council an emergency exists for the preservation of the public 1,ealth, peace and safety and this ordinance shall take eff act upon its pas age and publication, under and by virtue of the au hority 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 t'iis 27th day of January, A D 1923 C ssioner of Safety d ExOffic o Mayor ATTEST City Clerk STATE OF COIARADO ) ) SS County of larimer ) I A J ROSENOW, City Clerk of the City of Fort Collins, do hereby car ify and declare that the foregoing ordinance consisting of foirteen (14) sections was daly proposed and read at length at a regular meeting of the City Council held on the 27th day of January, 1923 and was duly adopted W 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 ¢St and on towit the 3/ -7 day of a , 1923, said Ordinance No 3 was duly klmsittlatuft ;711shad in the Fort Collins Courier a daily newspaper published in the City of Fort Collins Colorado IN WITNESS 1=OF2 I have hereunto set my hand and affixed the seal of said City this Q44tLday of January, A D City Clerk