HomeMy WebLinkAbout014 - 06/18/1927 - RELATING TO THE CREATION OF COMBINED ALLEY IMPROVEMENT DISTRICT NO. 9 ORDINANCE NO � 19279
BEING AN ORDINANCE RELATING TO THE CRE927OF COMBINED ALLEY
I IPROVEMEIT DISTRICT NO 9, PROVIDING FOR TuE COiTSTRUCTION OF
Ii,PROVE�ZUTS THEPEItd, AND AUTT-TORIZING THE ISSUANCE OF BONDS TO
PAY THE COST OF GONSTRUCTION THEREOF
BE IT ORDAINED BY THE CITY COUACIL OF THE CITY OF FORT GOLLINS
Section 1 That pursuant to a pet ition duly filed and
presented to the City Council on the 2nd day of April, A D 1927 ,
which said petition was duly and regularly sued by the owners of
more than one-third of the frontage in the provosed district, as
evidenced by a resolution of the City Council duly passed and
adopted on the 2nd daj of April, A D 1927, 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 adooted April 2, 1921, as amended
by Ordinance No 4, 192.5 , and also as amended by Ordinance No 9,
1926, to be knorm as Combined Alley Improvement District PTo 9,
comprising and including all the lots in Block 112 abutting on the
alley therein runniig north and south in said block, to-wit Lots
1 to 24, both inclusive, in the City of Fort Collins , Colorado
Section 2 That the said petition prayed for the
improvement of said list-Lict by grading„ paving, and draining wnere
necessary, of the alley in the said pro-oosed district„ said paving
to coisist of six inch concrete built in concave form, or as may be
necessary to facilitate the roof, surface and alley draingge of the
said alley which said petition was made and filed under the
provisions of Ordinance No 7, 1921, as amended by Ordinance No 4,
1923, and also 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
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said district, and said work of eaZstructicm of said improvements
is hereby ordered to be done in accordance therewith, as provided
by law, together with the estimated cost of the cars truction of
said improvements amounting to $3186 13, the total frontage of the
district is; 800 feet the cost per front foot is $3 9826625 and the
cost of a lot 50 feet by 140 feet is $199 13, and which amount of
$3186 13 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 di strict
t
abutting upon said improvements, when completed and acceJpd, in
accordance with the provisi no 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 cf tre City Ocuneal duly adopted on the 30th day of
April, A D 1927, due notice was given to the owners of broperty
to be assessed, by due and lawful publication in the Fort Collins
Express-Courier a daily newspaper of general circulation in the
City of Fcnt Collins, for a period as required by law as shovm by
the proof of publication on file in the office of the City Cleik,
which said notice was to the owners of the property to the 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 deferred installments, the
extent of the district improved, together with the probable cost
pei front foot, as shown by the estimate of the City Engineer, and
to the ftirtner effect that on the 4th day of Junes 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 comulaints and objections that might be rre..de and filed in
writing concerning the proposed improvements by the owner of any
real estate to be assessed that Ln pursuance of the said notice
the said City Council did sit to hear Complaints at said meeting
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held[ on the 4th day of June, 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 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 adopt ion of an ordinance ordering said
improvements have4een observed and complied with in all respects,
and it is hereby ordered that the improvements of Combined Alley
Improvement District No 9 as provided for in the map, plans and
specifications heretofore 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 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
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 commeneediin said district , but said
date shall be uniform for a.11 bonds issued, and in such form as may
be approved by the City Council after submission �y the Commissioner
of Finance said bonds shall oear the name of Combined Alley
Improvement District No 9 of the City of Fort Collins , and shall
be payable in twenty (20) annual inst all meat s five (5%) per cent
thereof payable in each and every year during said period, 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 fac simile signature of the City Clerk, which said bonds shall
be in denominations of TW o Hundred
($ moo cvo ) Dollars each Each of said bonds shall be
subscrined by the Commissioner of Safety and Ex-Officio Mayor,
countersigned by the Commissioner of Finance and Ex-Officio City
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Treasurer , and a-tested by the City Clerk with the corporate seal
of the City, and registered with the City Treasurer, and stall be
delivered from time to time as required for the uayment 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 Combined Alley Improvement
District No 9, and the fundis so collected shall only be used for the
payment of theAiork of construction of said improvements and the
interest thereon Said bonds shall be numbered from 1 to //
inclusive, and snall be redeemable consecutively, according to
number and in the order of issuance Said bonds shall o.L ly 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 twenty (20) years after
the date of issue, but shall be suFaject to call and payment at any
time prior thereto, as provided in Section 27 of Ordinance No, 7,
1921, ameamended by Ordinance No 9, 1926 Pursuant to the power
and authority contained in Section 29 of Ordinance No 7, 19213,
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 courons attached thereto
shall be in sabstantially the following form
UNITED STATES OF AMERICA
STA.CE OF COLORADO
CITY OF PORT COLLINS
G0141BIIM ALLEY IMPROVEIaNT DISTRICT NO 9
No
The City of Fort Collins , in the County of Larimer, and
Stave of Colorado, for value received, acknowledges itself indebted
and hereby promises to pay to the bearer hereof, the sum of
Dollars in lawful money on united
States, at the office of the CiTy Treasurer of said City, on the
day of 19 , sub J ect to call an a paymen -
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however, at ark ime prior thereto, as pr lded in the amendment of
Section 1 of Article XVII of the City Charter, passed and adotited
April 61, 1920, and Ordinance No 7, 1921, relating to local public
improvements, as amdnded by Ordinance ffo 9 , 1926, va th interest
thereon from data until payment at the rate of four and three-quarters
(4-3/4%) per cent per annum, payable semi-annually, on the day
of and the day of at the
office of tre City Treasurer of tFe City of For Collins, upon
pu esentation 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 i iiprovement in Combun.d Alley Improvement District No 9, by
virtue of and in full conformiby 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 4, 1923 , and also as amended by Ordinance
A0 9, 1926 This bond is payable out of the proceeds and special
assessments to be le vidd upon the real property situate in the City
of Fort Collins in said Combined Alley Improvement District No 9
especially benefitted by said"improvements, and the amount of the
assessments so to be made upon the real estate in said district for:
the payment thereof with accrued interest is a lien upon t,ne 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 l-B retofole
issued by said City, and the lien of geneial taxes , but payment of
said bonds/as guaranteed by the City of Fort Collins, as provided by
ordinance sand 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 of said improvements, nor the amount authorized by law and it
is furtner certified and recited that every requirement of lari
relating to the creation of said Combined Alley Improvement District
To 9, 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 subscribed by its Commissioner of Safety and
Ex-Officio Mayor, countersigned by its Commissiaiier of Finance and
Ex-Officio City Treasurer, and attested by its City Clerk under the
seal of said city, and the interest coupons thereto attached to be
attested by the fac simile signature of the City Cleric as of the
day of 19
Commissioner of Safety and Ex-0 ficio Mayor
Countersigned
ommissioner of Finance and Ex-Officio City
ATTEST Treasurer
City Clerk
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(Form of Coupon)
No
—fin-the day of , 19 , tha itG ty of
Fort Collins will pay to the bearer
Dollars in lawful money of the United States at tae office of the City
Treasurer of Fort Collins , Colorado , being six months' interest on its
local improvement bond dated , 19 ,
issued for the construction of the local improvemen own as-om Find
Alley Improvement District No 9 , provided this bond shall not have
been heretofore paid
Attached to Bond No
City Clerk
Section 7 The Commissioner of Finance and Ex-Officio
Treasurer is hereby authorized and directed to have printed a sufficient
number of bonds of the denomination of J yYO
Hundred ($ �Z ao CI ) Dollars each numoered from 1 to /
inclusive, as is requsr ed to me et the est ina t ed co st of said improvements,
as herein urovided, 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 hereinbefcr e provided
Section 8 Whenever considered prudent l;y the City
Treasurer he is hereby authorized and empowered, whenever funds may
be in his hands to the credit of Combined Alley Improvement District
No 9, 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 number, and all bonds so issued shall be called and vaid
in their numerical order
Section 9 Upon the taping effect of this orainance , the
Commissioner of Safety and Ex-Officio Mayor is hereby autnorized and
empowered to advertise for bids for the construction of said
improvements in accordance with the nap , plans and specifications
heretofore adopted, which advertisement shall not be less than ten (10)
days in the official newspaper publisned in -he City of Fort Collins,
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and all bids received under said advertisement snall be submitted to
the City 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 contract 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 contract price, with sufficient surety
or sureties to be approved by the Commissioner of Safety and ExOfficio
Ufayor, and t ne work of co nstrtacti on when so awarded under said contract
shall be under the general control of the Commissioner of Public Works
and in the immediate charge, control and suneivision of the City
Engineer, whose decision in all matters of dispute respecting compliance
with this ordinance, and the contract made thereunder, and the plans
and specifications stall be final and binding upon all parties thereto
Jlhlen 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 orclvnance,
and the provisions of Ordinance No 7, 1921, relating to local public
improvements, as amended by Ordinance No 4, 1923 , and also as amended
by Ordinance No 9, 1926 and tnat the agreed payments snall not
exceed the estimate of the City Engineer and the amount aupropriated,
and that upon ten (10) days notice the work under said contract ,
tint out cost or cla im against the City of Fort Collins , may be
suspended for substantial cause and upon complaint of any miner of
real estate to be assessed f or the improvements , 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 Then said contract is awarded
it shall also contair a provisicn as +c ' lie 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
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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 necessa.Ly Xateria.ls to do such v�ork under the
direction supevvis ion and control of the Commiss for er of Public (forks
and the City Engineer acting for said city
Section 10 When the said public improvements in Combined
Alley District No 9 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 the lots or tracts of land
abutting upon Combined Alley Improvement District No 9 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 wren so
reported by the City Engineer and approved by the City Council shall
be assessed agaanst the property in said improvement district by an
ordinance to be adopted as vrovrded by law
Section 11 In the event that the contractor shall be paid!
in bonds , 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 for not less than ten days in the official
newspaper of said city , and sell sufficient of said bonds to pay
for the engineering and other clerical expense, including t,ze 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 the entire
bond issue at not less than par, which said bonds shall not bear
interest to exceed four and three-quarters (4-3/4%) per cent per
annum to be paid semi-annually, evidenced by coupons bearing the faiR
simile signature of the City Clerk, all in accordance vdth Section
27 of Ordinance No 7, 1921, as amended by Orarna.nce No 9, 1926
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Section 12 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 1je re in provided
Introduced, read and ordered published this. 4th day of
June, A D 1927
Passed and adopted this /8 day of Q/0 n -e-
A D 1927
ommissi-cher of 3afey111 d =-Ufylo Mayor
ATZ EST
City Clerk
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STATE OF COLORADO )
SS
COMITY OF LAR ITYIER )
I, A J RQSENOVT, City Clerk of the City of Fort Collins,
do hereby certify and declare that the fofegoing ordinance, consisting
of twelve (12) sections, was duly proposed and read at length at a
regular meeting of the City Council held on the 4th day of June ,
A D 1927, and was duly ordered by aye and nay vote to be published
once un full in the Fort Collins Express-Courier a daily newspaper
of the City of Fort Collins, in accordance with the provisions of
Section 7 of Article IV of the City Charter that thereafter and on,
to-wit the 18 -IV day of Cr,�, Q , A D 1927, at a regular
meeting of the City Council, the said ordinance came before said
Council upon its final passage, a period of more than ten days having
elapsed since its publication as above set forth, and that said
ordinance was upon second reading adopted as an ordinance, and
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thereafter and on to-wit the X/9^day of fur, ,
A D 1927, said Ordinance No - //?-/ , as finally passed and adopted
was duly published in the Fort Coll- ins Express-Couri e,. , a daily
newspaper published in the said City of Fort Collins, Coloraioj
IN WITNESS WHEREOF, I have hereunto set my hand this
oL/ day of cry n e A D 1927
F
i y Cleck
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