HomeMy WebLinkAbout017 - 08/16/1927 - RELATING TO THE CREATION OF EDWARDS STREET IMPROVEMENT DISTRICT NO. 27 (EMERGENCY ORDINANCE) ORDINANCh NO 17 , 19279
BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF EDWARDS
STREET IMPROVEMENT DISTRICT NO 27, PROVIDING FOR THE CONSTRUCTION
OF IMPROVEMENTS THEREIN, AND AUTHORIZING THE ISSUANCE OF BONUS 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 Piled and
presented to the City Council on the 28th day of May, A D 19279
which said petition was drily and. regularly signed by the owners of
more than Brae-third of the frontage in the proposed district, as
evidenced by a resolution of the City Council duly passed and
adopted on the 28th day of May, A D 19270 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 improvements, passed and adopted April 2. 1921, as amended
by Ordinance No 9. 1926, to be known as Edwards Street Improvement
District No 27, comprising the lotus and blocks and lands abutting
on said Edwards Street, as follows, to-wit• Blocks 7, 89 90 109 110
12. 130 14, 15, 16. 17 and 18, Lake Park Addition to the City of
Fort Collins, Colorado, being Edwards Street from College Avenue
East to the City limits at the end of Edwards Street.
r- 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 ourbs, 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 $aid district, and
-1-
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 $16,163 670 the total frontage is 4160 feet , the cost
per front foot is $2.88395 and the cast per front foot for street
intersections is $0 30648, in Blocks 7, 81, 17 and 18 of Fake Bark
Addition there is an alley intersection rate of $0 14799 per front
foot, the cost of a 50 feet by 140 feet inside lot with 50 feet
frontage frontage $144 19 and interseotion $15 32, and which
amount of $16,163.67 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 oomoleted and
accepted, in accordance with the provisions of 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 the City Council duly adapted on the 2nd day of
duly, A D 1927, due notice was given to the owners of pr op erty
to be assessed, by due and lawful publication in the Fort Collins
Express-Courier, a daily newspaper of general oirohhation in the
City of Fort Collins, for a period as required by law, as shorn by
the proof of publication on file in the office of the City Clerk,
which said notice was to"he owners of the property to be
assessed and designated the kind of improvements proposed, the
number of installments and the time in whioh the cost would bDe
payable, the rate of interest asp the unpaid and deferred install-
ments, the extent of the district improved, together with the
probahle cost per front foot , as shomm by the estimate of the City
Engineer and to the further effect that on the 6th day of August ,
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 complaints and objections that might be
-2-
made and filed in writing eoncerning the proposed improvements by the
owner of any real estate to be assessed, that in pursuance of the n -
said notice the said City Council flid sit to hear eomplainte at a
meeting held on the/6th day of August , 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 Counciat finds that all the require-
ments of the statute respecting the petition for said improvements
and the resolution and notices required by law to be given in
respect thereto before the adoption of an ordinance ordering said
improvements have been observed and oomplied with in all respects,
and it is hereby ordered that the improvement of Edwards Street
Improvement District No 27 as provided for in the map, plans and
speoifieations heretofore adopted by the City Council, and approved
in this ordinance, be and they are hereby ordered to be constr=ted.
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-Offioio 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 diatriot, 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 Edwards Street Improvement
District No 27 of the City of Fort Collins, and shall be payable
in ten (10) annual installments, five (5%) per cent thereof payable
in each and every year during said period, 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 fao simile signature of the City Clerk,
which said bonds shall be in denominations of vP 4Y Pd-
-3-
c O
ftmla" \ ) Dollars each. Each of said bonds shall be
subscribed by the Commissioner of Safety and Ex-Offioio Mayor,
countersigned 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 regained for the payment of the work
herein provided Said bonds shall be redeemable out of the moneys
oolleoted on account of the assessments made fcr said improvements,
all moneys oolleoted from said assessments or from the sale of bonds
for said improvements shall be credited to Edwards Street Improvement
District No 27, and the funds so collected shall only be used for
the payment of the work of constructicn of said improvements and the
interest thereon. Said bonds shall be numbered from 1 to A;:�3
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 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 Ordinanoe No, 7,
1921, as amended by Ordinance No 9, 1926 Pursuant to the power
and authority contained in Secticm. 29 of Ordinance No 7. 19210
the payment 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 compons attached thereto
shall be in substantially the following form
a
.4-
UNITED STATES OF AMERICA
STATE OF COLORADO
CITY OF FORT COLLINS
EDWARDS STREET IMPROVEMENT DISTRIO`T NO 27
No
The City of Fort Collins , in the County of Iarimer, 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 oall and payment,
owever, at any time prior ere to, as provided in the amendment of
Section 1 of Article XVII of the City Charter, passed and adopted
April 60 1920, andYOrdinance No 7, 1921, relating to local pablio
improvements, as amended by Ordinance No 9, 1226, with interest
thereon from date until payment at the rate off five (5%) per cent
per annum, payable semi-annually, on the day of ,
19 , and the day of , , a e
of if oe-of the City asurer of the City of Fort0 lens ,upon
presentation and surrender of the annexed coupons as they severally
became due
This bond is issued for the purpose of paying the cost of
the local improvement in Edwards Street Improvement District No 27,
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 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
Edwards Street Improvement District No 27, especially benefitted by
said improvements, and the amount of the assessments so to be made
upon the real estate in said dis tricot for the payment tb?ereor 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, including this bond, does not exceed the estimate of
the City Engineer, and the contract pride 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
Edwards Street Improvement District No 27, the making of said local
improvement and the issuame 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, hnd been properly done and performed, and did exist
in regular and due time, form and manner as 4equired by law.
In Testimony Whersof, The said City of Fort Collins has
caused this bond to be subscribed by its Commissioner of Safety and
Ex-Officio Mayor, oountersigned by its Commissioner of Finance and
Ex-Officio City Treasurer, and attested by its City Clerk under the
-5-
seal of said City, and the interest coupons thereto attached to be
attested by the fgc simile signature of the City Clerk as of the
day of , 19
Commissioner of MeTy and Ex-Offioio Mayor
COURTERSIGNED-
omm ss oner of Finanae and =-Uffioio city
Treasurer.
ATTEST
CityClerk*
(Form of Coupon)
No
�n the day of , 19 , the City
of Fort Collins w=ppay to the bearer
Dollars in lawful money of the United States at the office of tha CitF
Treasurer of Fort Collins Colorado, being six months' interest on its
local improvement bond M ed , 19 ,
issued for the a oastruotion of the local improvementown as dwarrs
Street Improvement District No 27, provided this bond shall not have
been heretofore paid
Attached to Bond No
City Clerke
Section 7 The Commissioner of Finance and Ex80ffioio
Treasurer is hereby authorized and directed to have prim ed a sufficient
number of bonds of the denomination of �fj d e-- Hundred
Q t-57o o ,** ) Dollars each numbered from 1 to 3j inclusive, as
is required to meet the estimated cost of said improvements as herein
provided, and when said bonus shall have been duly prepared, they
shall be retained by the City Treasurer to be issued and delivered
from time to tima as hereinbefcr-e 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 Edwards Street Improvement District No 27,
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 days from the first publication, interest on said bonds so
called shall cease. The notice shall specify the bonds so called by
-6-
number, and all bonis 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 authorised and
empowered to advertise for bids for the construction of &aid
improvements in accordance with the map, plans and speoifications
heretofore adopted, which advertisement shall not be less than ten
days in the official newspaper published in the City of Fort
Collins, and all bids received under said advertisement shall be
submitted to the--d�ty 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 o mtraat is awarded for
the construction the City Council shall require a bond for the
faithful performance of the same of not less than the full oontramt
price, with sufficient surety or sureties to be approved tr the
Commissioner of Safety and Ex-Offioio Mayor, and the work of cm-
struotion when so awarded under said contract shall be under the
general control of the Commissioner of Publie Warp 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 oontraot made thereunder, and the
plans and specifications shall be final and binding upon all parties
thereto. When said contract is awarded it shall ocntain 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, 1921, relating to
local public improvements, as amended by Ordinance No. 90 192A, and
that the agreed payments shall not exceed the estivate 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
-7-
in accordance with the contract, then the City Council may consider
the complaint and make such order as may be just, and i is deoision
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 ty 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 Counoil shell 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 Edwards
Street Improvement District No 27 shall have been ecmpleted 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 the lots or
tracts of land abutting upon said Edwards Street Improvement
District No 27 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 reperted 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 bands, then 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 fornot less thaam ten days
-8-
in the official newspaper of said city, and sell sufficient of said
borers to pay for the engineering and other clerical expense,
a including the cost of inspection, and in the event that the work is
ordered to be done by the Commissioner of Pnblio Works by day
labor, may sell the entire bond issue at not less than par, which
said bonds shall not bear interest to emceed five (5%) per cent per
annum to be paid semi-annually, evidenced by coupons bearing the
fac sidle signature of the City Clerk, all in aocordarm a with
Section 27 of Ordinance No 7, 1921, as amended by Ordinance No.
9, 1926
Section 12 This ordinance shall oe irrepealable until
the indebtedness herein provided for, whenever the same shall be
created, shall have been duly paid, satisfied and,-discha rged as
herein provided
Section 13 In the opinion of the City Couno it 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 Council thiaffklt day of August,
A D 1927
ATTEST Commissioner or U 7y ancL =)FMOio
or
-Uity Clerk
-9-
STATE OF COLORADO j
SS.
COUI7TY 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
adJodrned—
and read at length at a regular meeting of the City Council
held on thel6th day of August , A D 1927, and was duly adopted
and ordered published in the Fort Collins Express-Coyrier,
a daily newspaper and the official newspaper of the City of
Fort Collins by the unanimous vote of all the members of tha
City Council,as an emergency ordinance in accordance with the
provisions of Sections 6 and 7 of article IV of the City
Charter 4f the City of Fort Collins and thereafter and on
to-wit the / 0 2L� day of August , A D 1927, said Ordinance
No - /7 was duly published in the Fort Collins Express-
Courier, a daily newspaper published in the City of Fort
Collins, Colorado
IN WITNESS WFLREOF', I have hereunto set my hand and
affixed the seal of said City, this 8 1 day of August, i
A D 192'7
er
-10-