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HomeMy WebLinkAbout027 - 11/08/1924 - RELATING TO THE CREATION OF PITKIN STREET IMPROVEMENT DISTRICT NO. 17 (EMERGENCY ORDINANCE) ORDINANCE NO 1924, BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF PITKIN STREET IMPROVEMENT DISTRICT NO 17, PROVIDING FOR THE CONSTRUCTION OF IMPROVE- MENTS 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 / day of �a ro 4 192_Z, 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 29th day of March, A D. 1924, there is hereby created and organized an improvement district under and by virtue of the provisions of Ordinance No 7, 1921, relating to local public improve- ments, passed and adopted April 2, 1921, to be known as Pitkin Street Improvement District No 17, comprising all lots and blocks fronting on Pitkin Street, from the intersection of Pitkin Street with the East property line of South College Avenue, thence East to the City limits, which is 220 feet East of the East property line of Smith Street, said district to include lots abutting on Pitkin Street and within a distance of one-half block therefrom in Blocks 13, 14, 15, 16, 17 and 18 of Craft 's Re-Subdivision of Lake Park Additon, and Block 2 of L C . Moore 's First Addition, and Blocks Jend 2 of L C Moore 's Second Addition, and Blocks 1, 2 and 3 of L C Moore's Third Addition, to the City of Fort Collins , Colorado Section 2 That the said petition prayed for the improvement of said district by grading, paving, curbing and guttering to consist of reinforced concrete paving otherwise known and described as one-course, 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, to- gether with the map 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 amounting to $57,172 50, of which amount $6,148 07 is estimated to be assessed against the City of Fort Collins as one-half of the cost of street intersections , which amount (exclusive of the amount estimated to be assessed against the said City) 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 4th day of October, A D. 1924s due notice was given to the owners of property to be assessed, by due and lawful publication in the Fort Collins Express- Covrier, 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 Clerks 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 cost 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 shown by the estimate of the- City Engineer, and to the further effect that on the 8th day of November, A. D 1924, at eight ojclock A M , in the Council Chanber in the City Hall of the City of Fort Collins, the City Council would hear and consider all complaints and objections -2- 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 8th day of November, A. D. 1924, 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 lair 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 Pitkin Street Improvement District No 17 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 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 as 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 Pitkin Street Improvement District No. 17 of the City of Fort Collins, and shall be payable in twenty (20) 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 signature of the City Clerk, which said bonds shall be in denominations of five hundred dollars ($500 oo) each Each of said -3- 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 improve- ments , all moneys collected from said assessments or from the sale of bonds for said improvements shall be credited to Pitkin Street Improvement District No 17, and the funds so collected shall only be used for the payment of the work of construction of said improve- ments and the interest thereon Said bonds shall be numbered from 1 to //5 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 thereat', 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 COLORADO CITY OF FORT COLLINS PITKIN STREET IMPROVEMENT DISTRICT NO 17 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 , 19 , subject to call and payment, owever, at any time prior thereto, as provided in the amendment of Section 1 of Article XVII of the City Charter, passed and adopted April 6, 1920, and Ordinance No 7, 1921, relating to local public improvements, with interest thereon from date until payment at the rate of six per cent per annulo payable semi-annually, bn the day of and the day of , at t e o ce of the City Treasur- er 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 improvement in Pitkin Street Improvement District No. 17, by virtue of and in full conformity with the amendment to Section 1 of Article XVII of the City Charter, passed and adopted April 6, 1920, and Ordinance No 7, 1921, relating to local public improvements 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 Pitkin Street Improvement District No. 17, especially benefit- ted 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 i8 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 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 guaran- teed 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 for said improve- ments , nor the amount authorized by law, and it is further certified and recited that every requirement of law relating to the creation of said Pitkin Street Improvement District No. 17, 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 con- ditions 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 kort Collins has caused this bond to be subscribed by its Commissioner of Safety 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 19 Commissioner of Safety & Ex-Officio Mayor ATTEST City Clerk (Form of Coupon) No On the day of , 19 the 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, being six months ' interest on its local improvement bond dated 19 , issued for the con- struction of the local improvement known as Pi-t7in Street Improvement District No 17, provided this bond shall not have been heretofore paid Attached to Bond No -5- Section 7 The Commissioner of Finance and Ex-Officio Treasurer is hereby authorized and directed to have printed a sufficient number of bonds of the denomination of Five Hundred Dollars ($500 00) each, numbered from 1 to //Sinclusive, 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 here- inbefore 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 Pitkin Street Improvement District No 17, including six months ' 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 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 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 sub- mitted 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 con- struction the City Council shall require a bond for the faithful performance of the same of not less than twenty-five per cent of the contract price, with sufficient surdty or sureties to be approved by the Commissioner of Safety and Ex-Officio Mayor, and the work of -6- 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 dispute respecting compliance with this ordinance and the contract made thereunder, and the plans and speci- fications 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 charter and of the laws under which the City of Fort Collins exists and of this ordinance, and the provisions of Ordinance No 7, 1921s relating to local public improve- ments , 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 said 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 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 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 Pitkin Street Improvement District No 17 shall have been completed and the -7- 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 Pitkin Street Improvement District No 17 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 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 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 to be 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 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 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 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 Counc his 8th day of November, A. D. 1924 ATTEST Commissioner of afety & - fficio Mayor City Clerk STATE OF COLORADO, ) ) SS COUNTY OF LARIMER ) I, A J ROSENOW, 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 the 8th day of November, A. D 1924, 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 IV of the City Charter of the City of Fort Collins, and thereafter and on towit the /^ day of 1924, said Ordinance No a 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 day of November, A D. 19240 City Clerk