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HomeMy WebLinkAbout002 - 01/10/1930 - RELATING TO THE CREATION OF MATHEWS STREET IMPROVEMENT DISTRICT NO. 39 (EMERGENCY ORDINANCE) ORDINANCE NO 2 , 1930s, BEING AN EMERGENCY ORDINANCE RELATIRGO THE CREATION OF MATHEWS STREET IMPROVEMENT DISTRICT NO 39, IN THE CITY OF FORT COLLINS, PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN 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 20th day of September, A D k929, 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 tYs 27th day of September, A D 1929, there is hereby created and organized an improvement district under and by virtue of the provisions of Ordinance No 7, 19210 relating to local public improvements,passed and adopted April 2, 1921, as amended by Ordinance No 9, 1926, to be known as Mathews Street Improvement District No 39, comprising the lots and blocks and lands abutting on said street as follows, to-wit Blocks 138 and 148, and also a portion of Blocks 139 and 149 to be assessed for street intersection as provided in Ordinance No % 1921, all in the City of Fort Collins, Colorado, being Mathews Street from the South property line of Plum Street to the South property line of Locust Street in said city Section 2 That the said petition prayed for the improvement of the said district by grading, guttering, curbing, graveling, and draining where necessary, of the street area in said proposed district for a distance of approximately sixty (60) feet between curbs, said street area to be graveled with four (4) inches of gravel, the same as was installed in Whedbee Street Improvement District No 33, which said petition was made and filed under the provisions of Ordinance No 7, 1921, as amended .1- J by Ordinance No 9, 1926, and that the plans and specifications, together with the map prepared by the City Engineer be and the same is 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 oonstruction of said improvements amounting to $4007 909 the total frontage is 780 feet, the cost per front foot is $3.756025 and the cost per front foot for alley intersections is $0 04763151, the cost per front foot for street intersection is $0 37633568 and the estimated cost of a lot 50 feet by 140 feet is as follows Frontage $187 80, street intersection $18 82, alley intersection $2 38, making a total of $209 00, and which amount of $4007 90 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 accepted, in accordance with the provisions of Sections 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 duly adopted on the 4th day of October, A D 1929, due notice was given to the owners of property to be assessed, by due and lawful publication in the Fort Collins Express-Courier, a daily newspaper of gene,-al circul8tion 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 property to be assessed and designated the kind of improvements proposed, the number of installments and the time in which the cost would be payaole, the raze of interest on the unpaid and deferred install6 ments, the extent of the district improved, together with the probable cost per front foot, as shown by the estimate of the City Engineer, and to the further effect that on the 8th day of November, -2- A D 1929, at eight o'clock in the forenoon, 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 boncerning 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 8th day of November, A D 1929, 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 require- ments of the statute 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 Mathews Street Improvement District No 39 as provided for in the map, plans and specifications heretofore adopted by the City Council, and approved in this ordinance, be and they are hereby ordered to be construeted Section 5 For the purpose of paying the cost of said improvements, bonds of the City of Fort Collins are hereby authorized to oe issued by the Commissioner of Finance and Ex- Offieio Treasurer 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 improvement has been commenced in said district, out 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 Mathews Street Improvement District No 39 of the City of Fort Collins, and shall be payaule in ten (10) annual installments, ten (10%) per cent thereof in each and every year during said period, and shall bear interest at the rate of five (5%) per cent per annum, payable semi-annually, said interest to be -3- i 1 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 Two Hundred ($ 200.00 ) Dollars each Each of said bonds shall be sub- scribed by the Commissioner of Safety and Ex-Officic Mayor, counter- signed by the Commissioner of Finance and Ex-Officio City Treasurer, and attested by the City Clerk with she corporate seal of the City, and registered with the City Treasurer, and shall be delivered from time to time as required for the pW ment of the work herein provided Said bonds shall be redeemable out of the moneys oollected 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 Mathews Street Improvement District No 39, 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 21 inplusive, and shall be redeemable con- secutively 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 ten (10) 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, 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 uy the City of Fort Collins Section 6. Said bonds and the coupons attached thereto shall oe in substantially the following form -4- UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT CQLLINS MATHEWS STREET IMPROVEMENT DISTRICT NO 39 No The City of Fort Collins, in the County of Larimer, and State of Colorado, for value received, acknowledges itself indebt- ed and hereby promises to pay to the bearer hereof, the sum of Dollars in lawful money of the United a es, at the orrice o the City Treasurer, of said City, on the day of , 19 , subject to call and paym�, however, at any time prior there7o, as provided in the amendment of Section 1 of Article %VII of the City Charter, passed and adopted April 6, 1920, and Ordinance No 7, 19211, relating to local public improvements, as amended by Ordinance No 9, 1926, with interest thereon from date until payment at the rate of five (5%) per cent per annum, payable semi-annually on the at�Fie office o e y Tre of asurer and the a urer or tR—e-Myt 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 improvement in Mathews Street Improvement District No 39, by virtue of and in full 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 improve- ments, 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 Mathews Street Improvement District No 39 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 amouhts 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 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 Mathews Street Improvement District No 39, 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 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 form, time and manner as required by law In Testimony Thereof, the said City of Fort Collins has caused this bond to be subscribed by its Commissioner of Safety and Ex-Officio Mayor, countersigned by its Commissioner of Finance and Ex-Officio City Treasurer, and attested by its City Clerk under the seal of said City, and the interest eoupo#s thereto attached to be attested by the fac simile signature of the City Clerk -5- as of the day of , 19 Commissioner of Safety and x-0 P cio Mayor COUNTERSIGNED Commissioner of Finance an x-0 f cio Ci y Treasurer ATTEST City Clerk* (Form of Coupon) No On the day of , 19 , the City of Fort Collins wT=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 months' interest on its local improvement bond dated , 19 , issued for the construation o elocal improvement own as a ews Street Improvement District No 39, provided this bond shall not have been heretofore paid Attached to Bond No City Clerk Section 7 The Commissioner of Finance and Ex-Ofiioio Treasurer is hereby authorized and directed to have printed a sufficient number of bonds of the denomination of Two Hundred ( 200 00) Dollars each numbered from 1 to 21 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 funds may be in his hands to the credit of Mathews Street improvement District No 39, including six months ' interest on the unpaid principal, to advertise for five days in the offioial 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 -b- i the first publication, interest on said bonds so called shall cease The notice shall specify the bonds so called by number, and all bonds so issued shall be oalied 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 withorized 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 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 faithful performance of the same of not less than the frill contract price, with sufficient surety or sureties to be approved by the Commissioner of Safety and Ex-Offieio Mayor, and the work of con- struction 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 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 clause to the effect that 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 the provisions of Ordinance No 7, 1921, relating to local public improvements , as amended by Ordinance No 9, 1926, and that the agreed payment shall not exceed the estimate of the City Engineer and the amount appropriated, and that upon ten (10) dayst notice the work under -7- M said contract, without cost or claim against the City of Fort Collins, may be suspended for substantial cause and upon com- plaint 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 the 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 said district to be accepted by the contractor at par, or whether payment shall be made to the contractor in money, all at the option of the City Council 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 beat interests of the 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 improvement in Mathews Street Improvement District No 39 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 Mathews Street Improvement District No 39 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 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, Section 11 In the event the contractor shall be paid -8- 4 1 • 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-Officio Mayor is authorized to advertise for not less than ten (10) days in the official newspaper of said city, and sell sufficient of said bonds to pay for the engineering and other clerical expense, including cost of inspection, and in the event that the work is ordered to be done by the Commissioner of Publia Works by day labor, may sell the entire bond issue at not less than par, which said bonds shall not bear interest to exceed five (5A) per cent per annum to be paid semi-annually, evidenced by coupons bearing the fao simile signature of the City Clerk, all in accordance with Section 27 of Ordinance 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 efrect 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 adopted by the unanimous vote of all the members of the City Council tihis lOth day of January, A D 1930 i omm ss o er o e - c oMayor ATTEST y er -9- STATE OF COLORAM ) SS COUNTY OF LARIMER } I, A J RGSENOW, City Clerk of the City of Fort Collins, do hereby certify and declare that the foregoing ordinance consisting of thirteen (13) sections was duly proposed and read at length at a regular meeting of the City Council held on thelOth day of January, A D 1930, 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 Council, as an emergency ordinance in accordance with the provisions of Sections 6 and 7 of Article IY of the City Charter of the City of Fort Collins, and thereafter and on to-wit the 14th day of January ] A D 1930, said Ordinance No 2 was duly published in the Fort Collins Express- Courier, a daily newspaper 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 14th day of January, A D 1930 y Clerk -10.