Loading...
HomeMy WebLinkAbout027 - 11/12/1927 - RELATING TO THE CREATION OF JACKSON AVENUE IMPROVEMENT DISTRICT NO. 30 (EMERGENCY ORDINANCE) ORDINANCE NO , 19271, BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF JACKSON AVENUE IMPROVEMENT DISTRICT NO 309 PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN, AM AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF CONSTRUCTION THEREOF BE IT' ORDAINED BY THE CITY COUlU IL OF THE CITY OF FDRT COLLINS Section 1. That pursuant, to a petition duly f11ad and presented to the City Council on: the 8th day of October, A D 1927, which said petition was duo and regularly signed by the owners of more than one-third of the frontage in the proposed district, as evidenQed by a resolution of the City Council duly passed and adopted on the 8th day of October, A D 1927, there is hereby created and organized an improvement district under and by virtue of the provisions of Ordinance No 7, 1921, re]a tang to local public improvements, passed and adopted April 2, 1921, as amended by Ordinance No 9, 19269 to be known as Jackson Avenue Improvement District No 30, comprising the lots and blocks and lanis abutting on said Jackson Avenue, as follows, to-wit Blocks 6 and 9, Soott-Sherwood Addition to the City of Fort Collins , Colorado , and also Commencing at a point 950 feet West of the Southeast corner of Seeticn 10, Township 7 North, Range 69 West, thence West 1921 feet along section line to a point 2455 feet East of the Southwest corner of Section 10, Township 7 North, Range 69 West, 'thence North 24 degrees 15 minutes West 277 4 feet, thence East,42 feet to center of Larimer County Canal No 2, thence North 6 degrees 30 minutes East 137 feet along center of Iarimer County Canal No 2, thence North 42 degrees 40 minutes East 350 feet , thence North 3 degrees 30 minutes East 450 feet, thence North 28 degrees West 257 5 feet, all along line of Larimer County Canal No 2, thence East 1845 6 feet to a point 950 feet West of center of Shields Street and 570 feet South of center of Mountain Avenue, theme South 1363 2 feet to the place of beginning Also including that portion of the Northeast Quarter of the Northwest Quarter and the Northwest Quarter of the Northeast Quarter of Section 15, Township 7 North, Range 69 West lying North of County road, and on the South and West side of what is known as Sheldon Lake as well as said lake and the land thereunder, containing 62 7 acres, more or less, being Jackson Avenue from the South property line of West Oak Street to the North property line of Magnolia Street -1- Section 2. That the said petition iaayed for the improvement of the said district by grading, guttering, curbing, graveling, and draining where necessary, of the street area in said proposed district, fpr a distance of approximately sixty (60) feet between curbs , said street area to be graveled with six (6) inches of local gravel, and curbs and gutters and gravel to be the same as that installed in Edwards Street Improvement District No 27, which said petition was made and filed under the provisions of Ordinance No 7, 1921, as amended by Ordinance No 9, 1926, and that the plans and specifications, together with the map prepared by the City Engineer be and the same 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, t cgether with the estimated cost of the aanstruetion of said improvements amounting to $5839 26, the total frontage is 1670 feet , the cost per front foot is $3 2826 and the cost per front foot for street intersections is • $0 22906, the cost of a lot 50 feet by 140 feet is $164 13 for frontage and $11 45 for intersections, or a total of $175 58 , and which amount of $5839 26 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 90 1926 Section 3. That pursaant to the requirements of the resolution of the City Council duly adopted on tba 8th day of October, A D 1927, due notice was given to the owners of inoperty to be assessed, by due and lawful publication in the Fort Co11_ins Express- Courier, a daily newspaper of general eiroul-Ltien in the City of Fort Collins, for a period as required by law, as shown by the proof of publ imation on file in the office of the City Clerk, which said not ice was to the owners of the property to be assessed and designated the -2- 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 12th day of November, A D 1927, at eight o'clock A M in the Council Chamber in the City Hall of the City of Fort Collins, the City Coancil would hear and determine all complaints and objections that might be made and filed in vw: ting 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 12th day of November., A D 1927, and that ho complaints in writing concerning the proposed improvements lad then and there been f it ed with the City Clerk Section 4 The City Council finis 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 beem observed and complied with iu all respects; and it is hereby ordered that the improvement of Jackson. Avenue Improvement District No 30 as pro- vided for in the map, plans and sp eeifieations here#ofore 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 tha cost of said improvements, bonds of the City of Fort Collins axe 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 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 submissions IF the Commissioner of Finance, said bonds shall bear the name of Jacrkson Avenue Improvement District No 30, of -3- the City of Fort Collins , and shall bear interest at the rate of five (5%) per cent per annum, payable semi-annually, said interest to be evidenced by coupons attached to the principal bond and attested by the fae simile signature of the City Clerk, which said bcads shall be in denominations of _Z_w o Hundred 0 �) Dollars each Each of said bonds shall be subscribed ty the Commissioner of Safety and Ex-Offioio Mayor , countersigned by the Commissioner of Finance and Ex-Offieio City Treasurer , and attested by the City Clerk with the corporate seal of the City, and registered with tha 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, 19211, as amended by Ordinance No 9, 1926 Said bonds shall be redeemable out of the moneys collected on account of the assessments made far said improvements, all moneys collected from said assessments or fmm the sale of bonds for said improvements shall be erredited to Jackson Avenue Improvement District No 30, and the funds so eallected shall only be used for the payment of the work of a custruetion of said improvements and the interest thereon Said bonds shall be numbered from one to JO 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-Offioio Mayor, when said estimates have been duly audited and approved by the City Council an4rdered paid All of said bonds shall be absolutely die 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 by Ordinance No 9 , 1926 Pursuant to the power and authority c attained in Section 29 of Ordinance No 7, 1921, relting to local public improvements, as amended by Ordinance No 9, 1926, the payment of all the bonds issued in tiursuance: of this ordinance are hereby guaranteed -4- 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 FCET COLLINS JACESON AVENUE I12ROVEMENT DISTRICT NO 30 No The City of Fort Collins , in the County of Larimer, and State of Colorado, for value reeeiwed, acknowledges itself indebted and hereby promises to pay to the bearer hereof, the sum of Dollars in lawful mongy of the United States, at the office ar the City Treasurer of said City, on the, deg of , 19 , subs eat to call and payment;however , a any time prior tHereto, as provided in the amendment to Section 1 of Article ZVII 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 aemi-annually at the day of and the day of , at e office of the i y Treasurer o� City of FcrtCollins., upon presentation and surrender of the annexed coupons they severally become due This bond is issued for the purpose of paying the cost of the local improvement in Jackson Avenue Improvement Dis:trict No 30 by virtue of and in full =nformity Hdth 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 imprcw ements, 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 Jackson Avenue Improvement District No 30, especially benefitted by said improvements, and the amount of the assessment 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 amounta 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 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 Jackson Avenue Improvement District No 30, the masking of said local improvement and the issuance of this band, has been frilly 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 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-Off ioio Mayor, cotntersigned by its Commissioner of Finame and Ex-Officio City -5- Treasurer, and at ated by its City Clerk undar the seal of said City, and the interest coupons thereto attached,, to be attested by the fao simile gignature of the City Clerk as of the day of , 19 Commissioner of Safety a -Offieio . or COUNTERSIGNED- Commissioner of Finance and EF-Offic.10 City Treasurer ATTEST City Clerk (FORM OF COUPON) No � On the day of 19 , the City of Fort Collins gill pay to the bearer Dollars in lawful money of the United States, at the office or 119=y Treasurer of Fort Collins, Colorado, being six months' interest on its local improvement bond dated , 1927, issued for the construction of the loea improvemen own ae ackson Avenue Improvement District No 30, provided this bond shall not have been heretofer a paid Attached to Bond No City Clerk. Section 7. The Commissioner of Finance and Ex-Offieio City Treasurer is hereby authorized and directed to have printed a sufficient number of bonds of the denomivat ion of 7-w p Hundred ($, o?uo ) Dollars each, numbered from I to 30 inclusive, as is required to meet the estimated eost 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 hereinbefm a provided. Section 8 Whenever considered prudent by the City Treasurer he is herelar authorized and empowered, whenever funds may be in his hazds So the credit of Jackson Avenue Improvement District No 30 including six months' interest on the unpaid principal, to advertise for five days in the official newspaper of said City, and call in a suitable; number of bonds of said distriat for payment, and at the expiration of ti-iirty (30) days from the first publication, interest on said bmda so called shall cease The notice shall specify the bonds so called by number , and all -6- bonds so issued shall he called and paid 3n their numerical order. Section 9. Upon the taking effect of this ordinance, the Commissioner of Safety and Ex-Offieio Mayor is hereby authorized and empowered to advertise for bids for the construction of said improvements in aocbrdance with the map, plans and specifications heretofore adopted, which advertisement shall not be less than test (10) days = the official newspaper published in the City of Fort Collins , and all bids received under said advertisement shall be submitted to tba City Council fm approval or rejection, and no amtraet shall be awarded in excess of the City Engineer's estimate of the cost of said improvements After the contract is awarded for the castruction of said improvements the City Council shall require a bond for the faithful performance of the same of not less than the full oontract price , with sufficient surety or sureties to be approved by the Commissioner of Safety and Ex-Offiefo Mayor, and the work of emstruotion when so awarded under said contract shall be under the general control of the Commissioner of Public Works and in the immediate charge, omtral and supervision of the City Engineer, whose decision in all matters of dispute respecting compliance with the ordinance and the contract made thereunder,, and the plans and specifications , shall be final and binding upon all pairties thereto When said contract is awarded it shall contaft a qINVase 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 ordLnenee, and the provisions of Ordinance No 7. 1921, relating to local public improvements, as amended by Ordinance No 91, 1926, and that the agreed payment shall not exceed the estimate of tha 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 tYs City Council may oansider the complaint and make such order as may be just , and its -7- deoisic¢t 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 eontraotor at par, or wheth er7 payment shall be made to the contractor in money, all at the option of the City Council The City Council aha]l have the right to reject any and all bids which may be made by any person or persons for the construction of said imprawements, an& 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 aathori zed 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 Jackson Avenue Improvement District No 30 shall have been completed and the same approved by the City Engineer and recommended for aeeeptanee by said officer, and duly accepted by the City Council of the City of Fort Collins , the cost 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 all the real estate in the said district, which said assessments when made and reported by the City Engineer and approved by the City Council, shall be assessed against the propdrty in said/Jackson Avenue Improvement District No 30 by an ordinance to be adopted as provided by Ordinance No 70 1921, as amended by Ordinanoe No 9, 19WD Section 11, This ordinance shall be irrepealable until the indebtedness herein provided for , whenever the same shall be created, aball 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 and publication, under and by virtue of the authority contained in Sections 6 and 7 of Article IQ of the City Charter. -8- Introduced, read. at length and adopted by the unanimous vote of all the members of the City Council this 12th day of November, A D 1927 Commissioner of S 712' Ex-710Mayor ATTEST i y er STATE OF COIARAM ) ) SS COUNTY OF MARINER ) I, A. J ROSENOW, City Clerk of the City of Fort Collins , do hereby aertify 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 12th day of November, A D 1927, 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 crdinanee in aocordance with the provisions of Sections 6 and 7 of Article IV of the City Ch-gr ter of the City of Fort Collins , and thereafter and on to-wit the /S4f`day of / uye)'n bge )— , 1927, said Ordinance No A, 7 was duly pig" M� ed in t'��or ojlins Express-Courier, a dai4 n spaper published in the City of Fort Collins , Colorado IN WITNESS WHEREOFFj, ve hereunto set. my hand and affixed the seal of said City this day of Nov-ember, A D 1927 City Clerk