HomeMy WebLinkAbout003 - 02/09/1929 - RELATING TO THE CREATION OF ARTIFICIAL LIGHTING DISTRICT NO. 1 (EMERGENCY ORDINANCE) I�
ORDINANCE PTO 1929
BEING AN ErIERGENCY ORDINANCE RELATTRR=iO THE CREATION OF
-ARTIFICIAL LIGITIITC DISTRICT PTO 1, IN THE CITY OF FORT
COLLINS PROVIDING FOR THE CONSTRUGTIOL OF IT PROVET=T`_S
TlEr'7IN Al D AUTFOPIZING THE ISSUATCE 07 BONDS TO PAY
T� COST OF CONSTRUCTION THEREOF
BE IT ORDAINED BY TT-E CITY COUrTCIL Or TuE CITY Or FORT COLLIITS
Section 1 That pursuant to a petition duly filed
and presented to the Citj Council on the 20th day of October
A D 1928 which said petition was duly and regularly signed
bj 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 3rd day of November
A D 1928 there is hereby created and organized an artificial
lighting district under and by virtue of the provisions of
Ordinance No 7 1921 tieing an ordinance relating to local
public improvements passed and adopted April 2 1921 as amended
by Ordinance No 7, 1926 and also as amended by Ordinance No 9,
1926 to be known as Artificial Lighting District No 1
comprising the lots and blocks and lands abutting on North
College Avenue to-wit Blocks 14, 22, 23, 4, 24 P5 and all that
portion of Lot 3 in the reservation on the Northwest Quarter of
Section 12, Tolnship 7 North Range 69 West lying north and west
of the right-of-way of the Fort Collins Development Railway
fompany in the City of Fort Collins, Colorado , which said
property to be assessed fronts on North College Avenue and
Includes all the property between Laporte Avenue and tPs city
limits at the South end of the brad-e across the Cache la
Poudre River
Section 2 That the said petition prayed for the
imurovement of the said district consisting of the corstruction
and appliances for the installation of a system of artificial
lighting of the street area in said district the light standards
to be located in the street parking inside of the curbs which
said petition was made and filed under the Drovisions of
Ordinance No 7, 1921 as amended by Ordinance No 7, 1926,
and also as amended by Ordinance No 9, 1926 and that the
plans and specifications together with the map Drepared by
the City Engineer be and the same are hereby adopted as the
map, plans and soecifications for said district and said
work of construction and installation 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 $4, 650 32 The portion of the
district north of the north property line of Cherry Street on the
west side and north of Lot 5 Block 4 on the east has been figured
to bear a proportional part of the total cost due to the standards
being placed further apart as well as oeing staggered instead of
opposite each other This was figured to be 10/33 of the whole or
^1409 19 The frontage on tnis Dart of the district is 1904 54
Beet , making a rate per front foot of t0 73991 and the estimated
cost of a lot 50 feet by 140 feet to be $37 00 The balance of
the district is estimated to cost $3241 13 The frontage is
1856 12 feet, making a rate per front foot of S1 746 and the
estimatea cost of a lot 50 feet by 140 feet to be 4V87 31 In
Block 14, Lot 17 was given 65�o of its frontage to be assessed or
21 25 feet Lot 18 is to be assessed 60ffo or 15 feet Lot 19
is to be assessea 35% or 8 75 feet and Lot 20 to be assessed
10% or 2 5 feet, and which amount of 04 650 32 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
Ordinance No 7 1921, as amended by Ordinance Igo 7 1926 and
also as amended by Ordinance No 9, 1926
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Section 3 That Dursuant to the requirements of the
resolution of the City Council duly adopted on the 5th day of
January A D 1929 due notice was given to the owners of
property to be assessed by due and lawful publication in the
Fort Collins Fxpress-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 fi1P 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
cost would be payable, the rate of interest on the unpaid and
aeferred installments tIB 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 tIB 9th day of
February A D 1929 at eight o'clock in the forenoon in the
Council Chamber in the City Mall of the City of Fort Collirs the
City Council would hear and determine all comi)lairts and objections
that might be made and filed in writing concerning the proposed
improvements bir 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 9th day of February
A D 1929 and that no complaints in writing concerning the pro-
Dosed improvements had then and there been filed with the City
Clerk
Section 4 The City Council finds that all t e 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 Artificial Lighting
District No 1 as provided for in the map plans and specifications
heretofore adopted by the City Council and approved in this ordinance ,
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be and they are hereby ordered to be congtricted
Section 5 For the purpose of paying the cost of said
improvements bonds of the City of Fort Collins are hereby authorized
to be 19sved 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 Artificial Lighting District No 1
of the City of Fort Collins and shall be payable in ten (10) annual
installments ten (100) per cent thereof payable in each and every
year during said period, and shall bear interest at the rate of
five ( o) per cent per annum payable semi-
annually said interest to De evidenced by coupons attached to the
principal uond 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
subscribed by the Commissioner of Safety and Ex-Officio Mayor counter-
signed 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 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 Artificial Lighting District No 1, and the funds so
collected shall only be used for the payment of the work of con-
struction of said improvements and the interest thereon Said bonds
shall be numbered from 1 to 24 inclusive and small 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
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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 Conncil and ordered paid
All of said bonds shall be aosolutely 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 Ito 7,
1921, as amended by Ordinance ITo 79 19?6 and also as amended by
Ordinance No 9 19?6 Pursuant to the power ana authority contained
in Section 29 of Ordinance INTO % 1921 the vayment of all the bonds
issued by virtue of this ordinance is hereby guaranteed by the City
of Fort Collins
Section 6 Said bonds and the coupons attabhed tnereto
shall be in substantially the following form
UNITED STATES OF AIMRICA
STATE OF COLORADO
CITY OF FORT CO'LLINS
ARTIFICIAL LIrT7TIITr DISTFICT NO 1
No
The City of Fort Collins, in the County of Larimer, and
State of Colorado, for value received acknowledges itself indebted and
he eby promises to pay to the bearer hereof, the sum of
Dollars in lawful money of the United States,, a
e office of the City Treasurer of said City on the day of
, 19 , subject to call and payme—nT— however,
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 iIo 7 1921 relating to local public improvements as amended
by Ordinance No 7, 1926, and also as amended by Ordinance No 9 1926
with interest thereon from date until payment at the rate of
per cent per annum payable semi-annually on the day o
, and the day of at the office
of the City Treasurer of the Cry 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 Artificial Lighting District No 1 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 , as amended b , Ordinance
No 7, 19?6 and also 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 Artificial
Lighting District No 1 especially benefitted by said improvements and
the amount of the assessments so to b- 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 said lien having
priority over all other liens except other ponds heretofore issued by
said City and the lien of gene al taxes, but payment of said bonds is
guaranteed by the City of Fort Collins as provided by ordinance and it
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is hereby certified and recited that ttie 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 Arice 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 Artificial
Lighting District NO 1 the making of soid local improvement and the
issuance of this bond , has been fully complied with by the proper
officers of said city and tnat all conditinns 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 aue time form and
manner as required bj law
In Testimony Whereof, The said City of Fort Collins has
caused this bond to oe subscribed by its commissioner of Safety and
Ex-Officio iTayor countersigned by its Commissioner of Finance and Ex-
Officio City Treasurer and attested oy its City Clerk under the seal
of said City and the interest coupons thereto attached to be attested
uy the fac simile signature of the City Clerk as of the day of
19
Commissioner of Safety and Ex-Officio iTayor
COUNTERSIGNED
Commissioner of Finance and hx-Of icio Ci y
Treasurer
A=S^
City er
(Norm of Coupon)
Ito
On the day of , 19_ the City or Yor
Collins will pair tie 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 improv-^gems bond dated 19 issued for
the construction of the local improvement town as Artie vial Li hting
District rTo 1 provided this bond shall not have been heretofore paid
.Attached to Bond ITo
City er
Section 7 The Commissioner of Finance and Ex-Officio
Treasurer is hereby authorized and directed to have printed a sufficient
number of oonds of the denomination of Two Hundred
(� 200,00 ) Dollars each numbered from 1 to 24 inclusive as is
required to meet the estimated cost of said improvemeilis as herein
provided and when said bonds shall have been dulir prepared they shall
be retained by the City Treasurer to be issued and delivered from time
to time as hereinbefore provided
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Section 8 Whenever consia--cced prudent by the Clty Treasurer
he is hereby authorized and empowered whenever funds may ue in his
hands to the credit of Artificial Ii,htin8 District No 1 including six
months , interest on the unpaid ppincipal to advertise for five days
in the official newspaper of said City and call in a suatable number
of bonds of said district for payment and at the expiration of thirty
days from the first publication interest on said bands so called shall
cease Tne 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 SaLpty and Ex-Officio T*ayor is hereby authorized and
empowered to advertise for bids for the construction of said improvements
in accordance with the maA plans and specifications heretofore aaopted
which advertisement shall not be lest than ten days in the official
newspaper published in the City of Fort Collins and all bias received
under said advertisement shall be subm_tted to the City Council for
approval or rejection, and no contract shall be awarded in excesq of
the Citi Ensineer 's estimate of the cost of said improvements After the
contract is aviarded for the construction the City Council shall require
a bond for the faithful performance of the same of not less than the
full contract price with sufficient surety or sureties to be approved
uy 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 Olorks and in the im-ediate
charge control and supervision of the Citj Engineer wnose decision in
all matters of dispute respecting compliance with this ordinance , and
the contract made thereLnder, and the plans ana specifications shall be
final and bigding upon all parties thereto When said contract is awarded
it shall contain a clause to the effect that it is subiect to the
provisions of the charter and of the lams under which the City of Fort
Collins exists and of this ordinance and the provisions of Ordmnance No 7
1921 relating to local public improvements , as amended by Ordinance
No 7 1926, and also as amended by Orainance TTo 9 1926 and that the
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agreed payment shall rot exceed thekstimate 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 impr vements ale not
being constructed in accordance with the contract then the City Council
may consider the complaint and make such order as may ue 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 mace in bonds of the said district to be accepted by the contractor
at par or whether payment shall be made to the contoactor in money all
at the option of the City Coi.ncil The City Council shall have the right
to reject any and all bids, which may ue made by any person or »ersons
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 aut}Zorized and empowered to
provide for doing sich work by hiring parties by the day and to arrange
for purchasing the necessar3 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 Artificial
Lighting District No 1 shall have been completed and the same approved
by the City Engineer and recomnended for acceptance by said officer and
dgly accented by the City Council of the City of Foit Collins the cost
thereof shall be assessed upon the lots or tracts of land abutting upon
said Artificial Lighting District No 1 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 that the contractor shall be paid
in bonas , then for the purpose of paying for engineering and other
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c) rical 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 rewspaper of said
city, and sell sufficient of said bonds to pay for the engineering and
other clerical expense 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 tre entire bond issue at not less than par which
said bonds shall not bear interest to exceed five
( 5 %o) per cent Der annum to be paid semi-annually, evidenced by coupons
bearing the fac simile signature of the Citj Clerk all in accordance
with Section 27 of Ordinance Ho 7, 1921 as amended by Ordinance Ho 9
1926
Section 12 This ordinance shall be irrepealableir until the
indeotedness 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
exis+s for the preservation of the public health peice and safety and
this ordinance shall tuake effect upon its passage and publicatioji, 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 9th day of February A D 1929
Commissioner of Safety 7� x- ticio ayor
ATTEST
City Clerk
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STATE OF COLORADO )
SS
COUNTY OF LARITCR )
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 oroposed and read at
length at a reTalar meetin- of the City Council held on the 9th day
of February A D 1929 and was duly adorted and ordered published in
the Fort Collins Express-Courier, a daily newspaber and the official
newspaver 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 G and 7 of 1irticle IV of
the City Charter, of the City of Fort Collins and thereafter and on
towit the 12th day of February, A D 1929 said Ordinance No 3
was duly published in the Fort Collins Express-Courier, a daily
newspa-oer published in the Citv of Fort Collins Colorado
IN TITWESS WHEREOF I have hereunto set my hana and
afiixed the seal of said City this 12th doy of February A D 1929
/ City Clerk