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HomeMy WebLinkAbout025 - 10/29/1927 - RELATING TO THE CREATION OF WEST OLIVE STREET IMPROVEMENT DISTRICT NO. 21 (EMERGENCY ORDINANCE) ORDINANCE NO a S , 19270
BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF 17EST OLIVE
STREET IMPROVEMEBT DISTRICT NO 21, 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 13th dap of August , A D 1927s,
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 20th day of August, A D 19279 there is hereby created and
organized an improvement district under and Ir virtue of the provisions
of Ordinance No 7, 1921, relating to local public improvements, passed
and adopted April 2, 1921, as amended by Ordinance No 9, 1926, to be
known as West Olive Street Improvement District No 21, comprising the
lots and blocks and laniis abutting on said West Olive Street, as follows,
to-wit Blocks 112 and 113, in the City of Fort Collins, Colorado, being
West Olive Street from the West property line of South College Avenue
and extenling West to the West property line of Mason Street
Section 2 That the said petition prayed for the improvement
of the said district by grading, paving, guttering, curbing, and
drainage where necessary, of the street area in said proposed distrust,
between curbs, the said street area to be paved with reinforced concrete
paving, the same as has already been installed in other permanent
improvement districts within the corporate limits of the said city, and
curbs and gutters to be the same as that installed in West Mountain
Avenue Improvement District No 8, which said petition was made and
filed under the provisions of Ordinance No 7, 1921, as amended ty
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
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in accordance therewith, as provided by law, together with the estimated
cost of the oonstraction of said improvements amounting to $11846 121
the total frontage is 760 feet, the cost per front foot is $11.37729
the intersection frontage is 1560 feet and the intersection; rate is
$0 8941, the alley frontage is 760 feet and the; alley rate is $0.5394,
the City's share of one-half of intersections is $19394 78, and the cost
of a lot 50 feet by 140 feet is as follows Frontage $568 86, intersection
$44,71, alley $26,97, total $640 54; and which amount of $11846 12
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 cf
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 tha City Council duly adopted on tbw 17th day of
September, A D 1927 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 general eirculition 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, thieh_ 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
tines in which the cost would be payable, the Gate of interest on the
unpaid and deferred installments, the extent of the district improtted,
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 29th day of
October, 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 Council would hear
and determine all ecmplaints and objections 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
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the said City Council _id sit to hear complaints _c said meeting held
on the 29th day of October, A D 1927, and tbm t no complaints in vomiting
concerning the proposed improvements had then and there been filed with
the City Clerk
Section 4 The City Council finds that all the requirements
of the statute respecting the petition fbr 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
obserbed and complied with in all respects, and it is hereby ordered that
the improvement of West Olive Street Improvement District No 21 as
provided for in the map, plans and specifications heretofore adopted by
the City Council, and approved in this ordinance, be anti they are 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 herety 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
e
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 Nest Olive Street Improvement District No 21, of the City
of Fort Collins, and shall bear interest at the rate of four and three-
quarters (4-3/4%) 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 bonds shall be
in denominations of "� V e Hundred (4 JFi c N0'0)
Dollars each Each of said bonds shall be subscribed by the Commissioner
of Safety and Ex-Offioio Mayor, eountersigaed by the Commissioner e
Finance and Ex-Offioio 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
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discretion, may sell d bondis to pay such cost cash, as provided in
Ordinance No 7, 1921, as amended by Ordinance No 9, 1926 Said bonds
shall be redeemable out of the moneys collected on account of the assess-
ments made for said improvements, all moneys collected from said assess-
ments or from the sale of bonds for said improvements shall be credited
to West Olive Street Improvement District No 21, and the fancls so
collected shall only be used for the pqrment of the work of oonstraction
of said improvements and the interest thereon Said bonds shall be
numbered from one to zW inclusive, and shall be redeemable,, conse-
outively, 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-OYfiolo 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 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 Ordinanoe No 9, 1926, Pursuant to
the power and authority contained in Section 29 of Ordinance No 7,
1921, relating to local public improvements, as amended by Ordinance No
9, 19260 the payment of all the bonds issued in pursuance of this ordinance
$re 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
WEST OLIVE STREET IMPROVEMENT DISTRICT NO 21
No ,
The City of Fort Collins, in the County of Larimer, and State
of Colorado, for value reeeieed, acknowledges itself indebted and hereby
promises to pay to the bearer hereof, the sam 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 paymne,—however, at any time prior thereto, as
provided in the amOndment to Section 1 of Article MI of the City Charter,
passed and adopted April 6, 1920, and Ordinance No % 1921, relating to
local pablio improvements, as amended by Ordinance No 9, 1926, with
interest thereon from date until payment at the rate of four and three-
quarters (4-3/4%) per cent per annum, payable semi-annually on the
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day of and th a day of , at
the office of he i y Treasurer of tie City of !4..At Collins,, npon presentatio:
and surrender of the annexed coupons as they severally beooaee due.
This bond iss issued for the purpose of paying the cost of the
local improvement in West Olive Street Improvement District No 21 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 improvements, 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 West Olive Street Improvement District
No 21, especially benefitted by said improvement 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 amounts to be apportioned to said real estate,
and to be assessed by an ordinance of said city, said lien having paiority
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
distrust, including this bawd, does not exceed the estimate of tba City
Engineer, and the contract price for said impr ovement s, nor the amount
authorized by law, and it is further hereby certified and recited that
every requirement of 1mw relating to the creation of said West Olive
Street Improvement District No 21, 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 time, form and manner as
required by law,
In Testimony Whereof, the said City of Fort Collins has caused
this bond to be euhsoribed by its Commissioner of Safety and Ex-Off~ioio
Mayor, countersigned by its Commissioner of Finance and Ex-Offieio City
Treasurer, and attested by its City Clerk undet the seal of said City,
and the interest coupons thereto attached, to be attested by the fae
simile signature of the City Clerk as of the day of ,
19
Commissioner of Safety and Ex-Officio Mayor
COUNTERSIGNED
Commissioner of Finance and -0 fioio City
Treasurer.
ATTEST
City Clerk.
No (Form of Coupon) $
On the day of , 19 , the City�—
Fort Collins will ppaay to the bearer Dollars
in lawful money of the United States, aLt the affiee X t1a City TFeasurer
of Fort Collins , Colorado, being six months' interest on its local
improvement bond dated , 1927, issued for the
construction of the loeal Improveme—HTown as West Olive Street Improvement
District No 21, provided this bond shall not have been heretofore paid
Attached to Bond No
City Clerk*
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Section 7. The Commissioner of Finance and Ex-Offioio City
Treasurer is hereby authorized and directed to have printed a sufficient
number of boats of the denomination of 4-1 Hundred
( 001% ) Dollars each, numbered from 1 to .� inclusive, as is
required to meet the estimated cost of said improvements as herein
provided, and when said bonds shall have been duly prepared, th W 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 West Olive Street Improvement District No 21, 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 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-Offioio Mayor is hereby authorized and
empowered to advertise for bids for the canatraction of said improvements
in accordance with the map, plans and specifications heretofore adopted,
which advertisement shall not be less than ten (10) 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 contraot shall be awarded in excess of
the City Engineer's estimgte of the most of said improvements After
the contract is awarded for the construction of said improvements 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 by the Commissioner of Safety and Ex-Offioio
Mayor, and the work of oonstra etic.n when so awarded under said c cantract
shall be under the general control of the Commissioner of Public Works
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and in the immediate oharge, control and supervision of the City Ebgineer,
whose decision in all matters of diapute 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 provisi4sof 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) 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 improvementa
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 the City Council The City
Council shall have the right to reject any and all bids whiah 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 the said City of Fort Collins, the said City Council is
hereby authorized and empowered to provide for doing such work by hying
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 West Olive
Street Improvement District No 21 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 all the real estate in said district
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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 property in said West Olive Street IrQrovement
District No 21 by an ordrna.nae to be adopted as provided by Ordinance No. 79
1921, as amended by Ordinance. No 9, 19260
Section 11, 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 he ein 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 oontaind. 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 29th day of October, A D 1927
Coltmisdioner o y c- is o or
ATTEST
y Clerk
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STATE OF COLORADO )
SS
COUNTY OF LARIMER )
I, A J ROSEffOWv City Cleric 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 29th
day of October, A D 192% 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 aeeordano a with the provisions of Sections
6 and 7 of Article IY of the City Charter of the City of Fort
Collins, and ther2after and on to-wit the day of lVo v el" 4 p
1927, said Ordinance No -z S 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
a
the seal of said City t1us der of /1/,oyelza 6et' ,
A D 1927
y Clerk,
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