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HomeMy WebLinkAbout006 - 07/14/1939 - RELATING TO THE CREATION OF IMPROVEMENT DISTRICT NO. 43 (EMERGENCY ORDINANCE) ORDINANCE NO 6 , 19399 BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF INPROVEMENT DISTRICT NO 43, 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 Tune 2, 1939, which said petition was referred to the City Engineer for investigation and report and was by said City Engineer reported back to the City Council as being signed by the owners of more than one- third of the frontage in the proposed district THEREFORE, there is hereby created and organized an improvement district under and by virtue of the provisions of Ordinance No 7, 19219 as amended by subsequent ordinances, to be known as Improvement District No 43, comprising the lots and blocks and lands abutting on the following streets, to-wit East Laurel Street from Vhedbee Street to Smith Street and Smith Street from East Myrtle Street to Plum Street Section 2 That the said petition prayed for the improvement of the said district by grading and surfacing with a mixture of oil and gravel, approximately two and one-half inches in thickness, and the curbing and guttering where necessary of the entire street area between gutters The mixture for the surfacing to be according to specifications of the City Engineer, which said petition was made and filed under the provisions of said Ordinance No 7, 1921, as amended, and that the plans and specifications, together with the map prepared by the City Engineer, be and the same are hereby -1- adopted as the map, plans and specifications for said Improvement District, and said work of construction of said improvement district is hereby ordered to be done in accordance therewith, as provided by law, together with the estimated cost of the construction of said improvement, amounting to $3160 50 for surfacing and $162 00 for curb and gutter and $463 00 for gutter only and $2129 34 for interest during construction, collection cost and bond discount, or a grand total for both surfacing and curb and gutter of $5914 84, the total frontage is 2834 lineal feet, that the total amount of yardage of oil surfacing mat4rialI/is 9637 square yards, that the present amount of curb and gutter required is 405 feet and gutter alone 1850 feet, that the cost per front foot on said streets is estimated at $1 7821 per front foot for oil surfacing,$ 625 for curb and gutter and $ 391 for gutter only, that the above figures include allocation of one-half the entire cost for street inter- sections, the remaining one-half to be paid by the City, that as an example the following is a statement of the estimated costs for a lot having a 50 foot frontage, to-wit $89 11 for oil surfacing or $120 36 for oil surfacing, curb and gutter, or $108 66 for oil surfacing and gutter only, and all costs including oil surfacing, curb and gutter or gutter only 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, and the total cost of the improvement of the street will be assessed against the property abutting on said streets, but no amount shall be assessed against the City, except one-half the cost of street intersections That curbs and gutters where not now in place conformable -2- to the ordinances of the City of Fort Collins, are hereby ordered constructed or repaired or re-constructed upon all property in said Improvement District No 43, and the City Council shall take appropriate action by Resolution to require the construction or repairing or re-construction of said curbs and gutters in conformity with Ordinance No 6, 1930 of the City of Fort Collins, and if the same is not done by the property owners within thirty (30) days from the date of service of said Resolution as in said Ordinance provided, the City shall construct or repair or re- construct said curbs and gutters or cause said work to be done, and charge and assess the costs thereof against the abutting property, in like manner and in the same assessing ordinance to be hereafter adopted as the cost of oil surfacing shall be assessed and certified to the County Treasurer as provided by ordinances and law, and the bonds herein authorized to be issued shall be payable not only out of the special assessments levied to defray the cost of surfacing the streets within said district, but also out of the special assessments levied upon the property in said district abutting the streets for curb and gutter or gutter only, pursuant to the supplementary proceedings to be taken under said Ordinance No 6, 1930 of the City of Fort Collins Section 3 That pursuant to the requirements of a Resolution of the City Council, duly adopted on the 9th day of June, A D 1939, due notice was given to the owners of the property to be assessed, by due and lawful publication in The tort Collins Express-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 Ulerk, which said notice was to the owners of the -3- property to be assessed and designated the kind of improvements proposed, the number of installments and the time in which the cost would be payable, the rate of interest on the unpaid and deferred installments, the extent of the district improved, to- gether with the probable cost per front foot, as shown by the estimate of the City Engineer, and to the further effect that on the 14th day of July, A D 1939, at seven o'clock A M , in the City Uouncil 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 concerning the proposed improvements by the owners of any real estate to be assessed, that in pursuance of the said notice, the said City Council did sit to hear the complaints at said meeting held on the 14th day of July, A D 1939, at seven o'clock A M , and that no complaints in writing concerning the proposed improvements had then and there been filed with the City Clerk Section 4 The City Uouncil finds that all the requirements 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 improvements of Improvement District No 43 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 constructed Section 5 For the purpose of paying the cost of said improvements, including oil surfacing, curb and gutter, bonds of the City of Fort Collins in the aggregate principal -4- amount of $5914 84 are hereby authorized to be issued by the Commissioner of Finance and Ex-Officio City Treasurer of the City of Fort Collins, which said bonds shall bear date of September 11 1939, 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 Improvement District No 43, of the City of Fort Collins, and shall bear interest at the rate of six per cent (6%) 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 ale rk, which said bonds shall be in denominations of One Hundred ($100 00) Dollars each Each of said bonds shall be subscribed by the Commissioner of Safety and Ex-Officio Mayor, countersigned by the Commissioner of Finance and Ex-Officio City Treasurer, 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, or the City Council, in its discretion, may sell said bonds to pay such cost in cash, as provided in Ordinance No 7, 1921, as amended, and anything in this Ordinance or any Ordinance of the City of Fort Collins to the contrary notwithstanding, any or all of the bonds herein provided for may be sold by the City Council at public or private sale , with or without prior adver- tisement and upon such terms and conditions as to it seem advisable Said bonds shall be redeemable out of the moneys collected on account of the assessments made for said improve- ments, including oil surfacing, curb and gutter, all moneys collected from said assessments or from the sale of bonds for said improvements, shall be credited to Improvement District No 43, and the funds so collected shall only be used for the -5- payment of the work of construction of said improvements and the interest thereon and collection cost Said bonds shall be numbered from one to fifty-nine inclusive, and shall be redeemable consecutively, according to number and in the order of issuance Said bonds shall be issued upon estimates of the City Engineer, approved by the City Council and the City Treasurer shall preserve a record of the same in a suitable book kept for that purpose All of said bonds shall be absolutely due and payable ten (10) 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, as amended All assessments made in pursuance of this Ordinance, together with all interest thereon and penalties for default in the payment thereof and all coots in collecting the same, shall, from the date of the final publication of the assessing ordinance hereafter to be adopted, constitute a perpetual lien on a parity with the tax lien for general State, County, City, Town or School taxes, and no sale of such property to enforce any general State, County, Town or School tax, or other lien, shall extinguish the perpetual lien of such assessments herein provided to be made Section 6 Said bonds and the coupons attached thereto shall be in substantially the following form -6- UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLINS IMPROVEMENT DISTRICT NO 43 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 One Hundred ($100 00) Dollars in lawful money of the United States, at the office of the City Treasurer of said City, on the lst day of September, 1949, subject to call and payment, however, at any time prior thereto, as provided in the amendment to Section 1 of Article XVII of the City Charter, passed and adopted April 6, 1920, and Ordinance No 7, 19219 relating to local public improvements, as amended, with interest thereon from date until payment at the rate of six per cent (6%) per annum, payable semi-annually, on the 1st day of March and the 1st day of September, 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 Improvement District No 43 for street oiling, curb and gutter, by virtue and in full conformity with the amendment to Section I of Article %VII of the City Charter, passed and adopted April 69 1920, and Ordinance No 79 1921 relating to local public improvements, as amended This bond is payable out of the proceeds of special assessments to be levied upon the real property, situate in the City of Fort Collins in said Improvement District No 43, especially benefitted by said improvements, and the amount of the assess- ment 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, and the lien created by said assessing ordinance, together with all interest thereon and penalties for default in the payment thereof, and all costs in collecting the same , shall, from the date of the final publication of the assessing ordinance hereafter to be adopted, constitute a perpetual lien on a parity with the tax lien for general State, County, City, Town or School taxes, and no sale of such property to enforce any general State, County, Town or School tax, or other lien, shall extinguish the perpetual lien of such assessments herein provided to be made 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 for said improvements, 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 Improvement District No 43, the making of said local improvements and the issuance of this bond, has been fully complied with by the proper officers of -7- 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 Safety and Ex-Officio Mayor, countersigned by its Commissioner of Finance and Ex-Officio City Treasurer, and attested by its City C1erx, 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 1st day of September, 1939 Commis i e r o Safety and EX-Off o Mayor COUNTERSIGNED r Commissioner of Finance and Ex-Officio City Treasurer Attest City Clerk (Form of Coupon) No 3 00 On the day of , 19 , the City of Fort Coll'�ns Th will pay to the be ree ($3 00) 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 September 1, 1939, issued for the construction of the local improvements known as Improvement District No 43, provided this bond shall not have been heretofore paid Attached to Bond No City Clerk Section 7 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 -8- of One Hundred (S100 00) Dollars each, numbered from 1 to 59 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 Vhenever considered prudent by the City Treasurer, he is hereby authorized and empowered,whenever funds may be in his hands, to the credit of Improvement District No 43, including six months' interest on the unpaid principal, to advertise for five (5) days 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 bonds so issued shall be called 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 authorized and empowered to advertise for bids for the construction of said improvements in accordance with the map, plans and specifications heretofore adopted, which advertise- ment shall not be less than ten (10) days in the official news- paper 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 con- struction, the City Council shall require a bond for the -9- faithful performance of the same of not less than 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 'Works and City Manager 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, and that the agreed payment 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 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 th* City Council The City Council shall have the right to reject any and all bids which may be made by any -10- 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 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 City Manager, the Commissioner of Public Works and the City Engineer acting for said City, and without obligation so to do may accept Federal Aid in connection therewith, reducing the expense to the property owners and the District by so much as shall be obtained from Federal Aid by money, materials and labor Section 10 When the said public improvements, including oil surfacing, curb and gutter and gutter only, in Improvement District No 43 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 of oil surfacing thereof shall be assessed upon all the real estate in said district as the frontage of each piece of real estate in said district is to the frontage of the real estate in the said district, and the cost of curb and gutter or gutter only, as the case may be shall be assessed against the abutting property in said District as hereinbefore authorized, which said assessment for oil surfacing, curb and gutter or gutter only, when made and reported by the City Engineer and approved by the City Council, shall be assessed against the property in said Improvement District No 43 by an ordinance to be adopted as provided by Ordinance No 7, 1921, as amended -11- Section 11 This Ordinance shall be irre- pealable until the indebtedness herein provided for, whenever the same shall be created, shall have been duly paid, satisfied and discharged as herein provided Section 12 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 effect upon its passage, 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 14th day of July, A D 1939 Co sio r Safety an -Off cio Mayor Attest City Clerk STATE OF COLORAD09 ) ss County of Larimer ) I, MILES F HOUSE, City Clerk of the City of Fort Collins, do hereby certify 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 14th day of July, A D 1939, 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 City Council, as an Emergency Ordinance, in accordance with the provisions of Sections 6 and 7 of Article IQ of the City Charter, and thereafter and on to-wit the lath day of July , A D 1939, said Ordinance No 6 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 18th day of July, A D 1939 ity�Gler