Loading...
HomeMy WebLinkAbout020 - 09/03/1927 - RELATING TO THE CREATION OF MATHEWS STREET IMPROVEMENT DISTRICT NO. 28, PROVIDING FOR THE CONSTRUCTI ORDINANCE NO .Z 0 , 19270 BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION CF MATH E1rS STREET ITIPROVDIFNT DISTRICT NO 28, EROVIDING 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 23rd day of July, A D 1927, 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 23rd day of July, A D 1927, there is hereby created and organized an improvement district under and by virtue of the provisions of Ordnance No 7, 1921, relating to local public improvements, passed and adopted April 29 1921 , as amended by Ordinance No 9, 1926, to be knowm as Mathews Street Improvement District No 28, comprising the lots and blocks and lands aoutting on said Mathews Street, as follows, to wit Blocks 131, 1329 1330 1349 135, 136, 1419 1420 1439 1449 145 and 146, in the City of Fort Collins, Colorado, being Mathews Street from the North boundary line of East Laurel Street to the South boundary line of East Mountain Avenue. Section 2 That the said petition prayed for the improvement of the said district by grading, guttering curbing, graveling, and draining where necessary , of the street area in said proposed district for a distance of approximately sixty (60 ) feet between curbs said street area to be graveled with six (6) inches of local gravel, 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 -1- of construction of said improvements i-s 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 $170,696 70, the total frontage is 5174 feet , the cost per front foot is $2 693073 and the cost per front foot for street intersections is $0 22123, the cost per front foot for alley intersections is $0 10189 the cost of a lot 50 feet by 140 feet is $145 71, and which amount of $17,696 70 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 improve- ments, when completed and aecepted, in accordance with the provisions of Sections 7 and 8 of Ordimnee No 7 1921, as amended by Ordinance No 9, 1926 Section 3 That pursuant to the requirements of the resolution of the City Council duly adopted on the 30th day of July, 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 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 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 cn 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 3rd day of September, 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 Couheil would hear and determine all complaints 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 the said City Council did sit to hear complaints at said -2- meeting held on the 3rd day of September, A D 1927, 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 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 improvement of Mathews Street Improvement District No 28 as provided for in the map, plans and specifications heretofore adopted by the City Council, and approved in this ordinance, be ani 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 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 Treasiver after the work of improvement has been commenced in said d3.strict, 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 Mathews Street Improvement District No 28, of the City of Fort Collins, and shall bear interest at the rate of five (50) 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 demoninations of ✓ e-- Hundred ($ m o o E-' ) Dollars each Each of said b aids shall be subscribed by the Commissioner of Safety and Ex-Offieio Mayor, counter- signed 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 the City Treasurer, and shall be delivered from time to time as required for the payment of the work herein imovided, -3- 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 by Ordinance No 9, 1926 Said fronds 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 arecdited to Mathews Street Improvement District No 28, and the funds so collected shall only be used for the payment of the: work- of construction of said improvements and the interest thereon Said bonds shall be numbered from one to %: 4 inclusive, and shall be redeemable , cons ecutive.l<y, 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-Offieio 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 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 contained in Section 29 of Ordinance No 7, 1921, relating to local public pmprovements, as amended by Ordinance No 9, 1926, the payment of all the bonds issued in pursuance of this ordinance are 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 MATHEWS STREET 121PRO V a' 'LENT DISTRICT NO 28 No The City of Fort Collins, in the County of Iarimer, ands Sta �e of Colorado, for value received, acknowledges itself indebted and hereby promises to pay to the bearer hereof, the sum of -4- Dollars in lawful. money of the United States, at the office o he City Treasurer of said City, on the day of , 19 , subject to call and paymeen ,—Tiowever, at any time prior ere o, as provided in the amend- ment 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 by Ordinance No 9, 1926, with interest thereon from date until payment at the rate of five (5%) per cent perainnum, payable semi-annually on the day of and the day of , at the office of the City Treasurer—of City of PortCollins., 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 Mathews Street Improvement District No 28 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, 19209 and Ordimnee No 7, 1921, relating to local public improvements, as amended by Ordinance No 9, 1926o 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 Mathews Street Improvement District No 28, 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 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, n_nclud.ing this bond, does not exceed the estimate of the City Engineer, and the contract price for said improvement, 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 Mathews Streeb Improvement District No 28 , the making of said local improvement and the issuance of this bond,, -bmd been fully complied with by the proper officers of said city , and that all conditions required to exist and all things requn'ed to be done precedent to and in the issuance of this bond to render the same lawful and valid, have happened, and oeen properly done and performed, and did exist in regular and due time , f orm and manner as r equired 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-Offioio City Treasurer, and attested by its City Clerk under the seal of said City, and the interest eoupnns thereto attached, to be attested by the fac simile signature of the City Clerk as of the day of . 19 Commissioner of Safety an -0 ficio Mayor COUNTERSIGNED Commissioner of Finance and EX-Officio City Treasurer ATTEST City Clerk -5- (Form of Coupon) No !--7Tn- the day of , 19 , 'the i y OF Fort Collins will pay tFo the bearer Dollars in lawful money of the United States, at the office of We-riTy Treasurer of Fort Coll3.ns , Colorado , being six months' interest on its local improvement bond dated , 1927, issued for the construction of the local improvement own as Vathews Street Improvement District No 28 , provided this bond shall not have been heretofore 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 denomination of El v e hundred ( 5oo p6 ) 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, they shall be retained by the City Treasurer to be issued and delivered from time to time as hereinbefore provided Section 8 Whenever ac sidered prudent by the City Treasurer he is hereby authorized and empowered, whenever funcls may be in his hands to the credit of Mathews Street Improvement District No 28 , 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 bands 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 fcr the construction of said improvements in accordance with the map, plans and specifications heretofore adopted, which advertisement shall not lbe 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 -R- the City Council for approval or rejecticm, 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 fcr the eons;truetion 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- Officio Mayor, and the work of eonstruetion vihen 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 ratters of dispute respect- ing compliance with this ordinance and the contract made thereunder, and the plans and specifications, shall be final and binding upon all parties thereto 111hen 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 % 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 improvements that the improviement s are not being constructed in accordance with the contract, then the City Co noil 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 which may be made by any person or persons for the construction of said improvements, and when in the -7- 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 necessat7 materials to do such work under the direction, s upe rvis ion and cantrol of the Commissioner of Public Works and the City engineer acting for said city Section. 10 When the said public improvements in Mathews Street Improvement District No 28 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 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 Mathews Street Improvement Distriat No 28 by an ordinance to be adopted as provided by Ordinance No 7 , 1921, as amended by Ordinance No 9, 1926, Section 11 This ordinance shall be irrepealable until the indebtedness herein provided for, whenever the same shall be areated, 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 and publication, under and by virtue of the authority contained in Sections 6 and 7 of Article IV of the City Crmrter Introduced? read at length and adopted by the unanimous vote of all the members of the City Council this 3rd day of September, A D 1927 ssioner o e - c Mayor ATTEST y Clerk. -8- 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 oonsistirg of twelve (12) sections was duly proposed and read at length at a regular meeting of the City Council held on the 3rd day of September, 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 ordinance in accordance with the provisions of Sections 6 and 7 of Article IV of the City Charter of the City of Fett Collins, aryl thereafter and on to-wit the day of �'ep/C � e1� , 192% said ordinance No ?/O was duly published in the Fort Collins Express- Courier, a daily newspaper published in the City of Fort Collins, Colorado IN WITNESS V1IEREOF, I have hereunto set my band and affixed the seal of said City this day of Sept ember, A D 1927 City Clerk -9-