HomeMy WebLinkAbout012 - 05/21/1927 - RELATING TO THE CREATION OF WHEDBEE, RIVERSIDE, JEFFERSON AND LINDEN IMPROVEMENT DISTRICT NO. 19 (EM ORDINANCE NO / I , 19 27 ,
BEIIIG All EMERGENCY ORDINANCE RELATING TO THE CREATION OF ViHEDBEE,
RIVERSIDE, JEFFERSON AND LINDEN IMPROVN'AENT DISTRICT NO 199
PROVIDING FOR THE C014S TRUCTION OF ITTROVEMENTS THEREIN, AND
AUTuORIZING 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 19th day of March, 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
adopt ed on the 19th day of March, 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 adopted April 2, 1921, as amended
by Ordinance No 9, 1926, to be known as Whedbee, Riverside,
Jefferson and Linden Improvement District No 19, comprising and
including the lots and blocks and lands abutting on said streets,
as follows, to-wit Blocks. 156, 155, 1669 165, 154, 1640 153, 163,
1529 162, 1510 91 11, 89 12, 79 139 1, 2, 10 and D, and that
portion of abutting property north of and between Blocks 1 and 2
and the south side of the south river bridge on Linden Street, in
the City of Fort Collins, Colorado
Seetinn 2 That the said petition imayed for the improvement
of said district by grading, paving, guttering and curbing , where
necessary, of the street areas in said proposed district, bet:Jeen
curbs, provided that the paving on Linden Strer-t betieen the north
property line of Jefferson Street and the north property line of
Willow Street shall be of a width to be determined by the City
Engineer but shall not be less than tlunty (30) feet , and the paving
north of the north property line of Willow Street shall be twenty
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(20) feet in width, said paving to consist of reinforced concrete pav-
ing the same as has already been installed in other permanent
improvement distiiets within the corporate limits of the City of
Fort Collins, and any gutters and curbing installed to be of the
same specifications as in West Mountain Avenue Improvement District
No 8 , which said petition was Trade 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 specif ications for said district , and said work of c onstructian
of said improvements is hereby ordered to be done in accordance there-
with, as provided by lave, together with the estimated cost of the
construction of said improvements amounting to $137,333 86, the total
frontage of the district is 9512 73 feet , the frontage on dhedbee
Street and Riverside Avenue is 5403 80 feet and the estimated cost
per front foot is $11 911448,the frontage on Jefferson Street is
2476 93 feet and the estimate.a cost per front foot is $11 755471, the
frontage on Linden Street , forty feet wide, is 800 feet and the
estimated cost per front foot is $60478762, the frontage on Linden
Street, twenty feet wide, is 832 feet and the estimated cost per
front foot is $4 2755769, the frontage of the alleys in Block 151
is 250 8 feet and the estimated cost per front foot is $1 449681, the
intersection frontage is 15835 66;and the estimated cost per front
foot is $1 0970638 the estimated cost for a lot 50 feet by 140
feet on Whedbee Street and Riverside Avenue is $650 42 the estimated
cost for a lot 50 feet by 140 feet in Block 151 is $722 90, the
estimated cost for a lot 50 feet by 140 feet on Refferson Street is
$642 62, and the estimated cost for a lot 50 feet by 140 feet on
Linden Street , forty feet wide, is $378 79 and the estimated cost
for a lot 50 feet by 140 feet on Linden Street , twenty feet wide,
is $268 63, and which amount of $137,333 86 includes the cost to be
assessed against the property owners for the improvement of the said
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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 Oidinanee No % 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 16th day of
April, A D 1927, due notice was given to the owners of property
to oe assessed., by due and lmiful 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 vrr ich the cost would be payable , the
rate of interest on the unpaid and deferred installments, the extent
of the district improved, together with the probab&a cost per front
foot , as shorn by the estimate of the City Engineer, and to the further
effect that on the 21st day of May , 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 complaift;s
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 meeting held on the 21st day of May, A D
192% 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 improvements of Whedbee, Riverside, Jefferson
and Linden Improvement District No 19 as provided for 3-1 the crap,
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plans and specifieations heretofore adopted by the City Council, and
ap-oroved 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 mre 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
times 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 submission by the Commissioner of
Finance said bonds shall bear the name of Wh.edbee, Riverside,
Jefferson and Linden Improvement District No 19 of the City of Fort
Collins, and shall be payable in twenty (20) annual installments,
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 V Hundred
Dollars each Each of said bonds snall be subscribed by the:
Commissioner of Safety and Ex-Officio Mayer , countersigned by the
Commissioner of Finance and Ex-Officio City Treasurer, and attested
ty the City Clerk Frith 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. 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
whedbee, Riverside Jefferson and Linden Improvement District No 19,
and the funds so collected shall only be used for the payment of the
work of construction of said improvements and the interest thereon
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Said bonds shall be numbered from 1 to a '7S 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 Fngineer signed and
appi oved by the Commissioner of Safety and Ex-Of ficio 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 subject to call
and payment at ,any time prior thereto, as provided in Section 27 of
Ordinance No 7, 1921, as amended by Ordinance No 9, 1926 Pursuant
to the power and authority contained in Section 29 of Ordinance No 7,
1921, 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 coupons attached thereto
shall be in substantially the following form
UNITED STATES OF APdIERIC4
STATE OF GOLORADO
CITY OF FORT G•OLLINS
VEMBEE RIVERSIDE, JEFFERSON AMID LINDEN DAPROVEE01ENT
DISTRICT NO 19
No
The City of Fort Collins , in the County of Larimer, 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 meted
States, at the office of the Ci y Treasurer of said City, on the
day of , 19_, subj ect to call and payme�
however, a any time prior ereto, as provided in the amendment of
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 four and three-quarters
(4-3/40) per cent pe.L annum, payable semi-annually, on the day of
and the day of ,
at the office of the Ci y Treasurer__o_f_Eh:e City of Fort Collins, 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 Whodbee, Riverside , Jefferson and Linden Improvement
District No 19, 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 L vied upon the real
Property situate in the City of Fort Collins in said Phedbee,
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Riverside, Jefferson and Linden Improvement District No 19 , 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 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 otner 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 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 Vftledbee, Riverside, Jefferson
and Linden Improvement District No 19, 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 coriditiona 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 valdd, have happ ened,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, counteisigned by its Commissioner 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 fae simile
signature of the City Clerk as of the day of ,
19
ommissioner of Safety and Ex-Officio Mayor
Countersigned
Commissioner of Finence and Ex-Officio city
Treasurer
ATTEST
City Cleck
(Form of Coupon)
No
On d of _, y
Fort Collins wily to the bearer , 19 the i o
Dollars in lawful money of the United States at the of flee of the i y
Treasurerof Fort Collins, Colorado , being six months ' interest on its local
improvement bond dated 19 , issued for
the eons#ruction of the local improvement own as effee; Riverside,
Jefferson ahU Linden Improvement District No 19, 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-Officio
Treasurer is hereby authorized and directed to have printed a sufficient
number of bonds of the denanination of r-i ye Hundred (? �� )
Dollars each numbered from 1 to inclusive, as is required to
meet the estimated cost of said urprovements as herein provided, and when
said bonds shall have been duly prepai ed, they shall be retai2m d by the
City Treasurer to be issued and delivered from time to time as herein-
before 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 Whedbee, Riverside, Jefferson and Linden
Improvement District No 19, including six months ' interest om the unpaid
principal, to advertise for five days in the official newspaper of said
city,and call in a suitable number of b mds of said district fer payment ,
and at the expiration of thirty Bays from the first uublication, interest
on said bonds so called shall cease The notice shall specify the bonds
so called by number, and all bonds so issued shall he 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 for the construction 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 Foit Collins, and all bids received
under said advertisement shall be submitted to tha 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 f-aithfal performance of the same ox not less than
the full contract price , with sufficient surety or sureties to be
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approved by the Commissioner of Safety and Ex-Officio Mayor, and the
work of construction when so awarded under said contract snall 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 matters of dispute respecting compliance with this
ordinance, and the contract made thereunder, and the plans and
specifications shall be final and binding upon all -)artiies the?eto
When said contract is awarded it shall contain a clause to the effect
that it is subject to the provisions of the cliarter 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 9 , 1926, and that the agreed
payments ahAll not exceed the estimate of the City Eng3-beer and the
amoant 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 uuon complaint of any ovmer
of real estate to be assessed for the uvprovements, that the improvements
are not being constructed in accordance with the contract, , then the,
City Council may cons.Lder the canplaint and make such order as may be
just, and its decision shall be final When said contract is awarded it
shall also contain a pr ovi s i cn as to the mamie r of payment - wheht er the
same shall be made in bonds of the said distriat to be accepted by the
contractor at par, or whether payment shall be made to the contractor
in money, all at the optian of the City Council The City Council shall
have the light 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 Ci4-y of Fort Collins, the sa-Ld 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 directicn , supervision a--id control of the
Commissioner of Public Works and the City Engineer acting for said city
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Section 10 When the said public improvements in Ylhedbee,
Rives side, Jefferson and Linden. Improvement District No 19 shall have
been completed and the same approved by the City Engineer and recommended
for acceptance by said officer, and d-uly 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 Whedbee, Riverside, Jefferson
and Linden Improvement Dis tri ct No 19 in proportion as the front age 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 rep crted by the City
Engineer and approved by the City Council shall be assessed against the
property in said improvement district by an ordinawe to be adopted as
provided 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 the 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 ahall not bear interest to
exceed four and three-quarters (4-3/4%) per cant per annum to be paid
semi-annually, evidenced by coupons bearing the fac simile signature of
the City Clerk all in accordance with Section 27 of Ordinance No 7,
1921, as amended by Ordinance No 9, 1926.
Section 12 This ordinance shall be irrepaalable until the
indebtedness herein provided for, whenever the same shall be created,
shall have been duly paid, satisfied and discharged as herein provided.
Section 13 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 pub.Lioation, under
and by virtue of the authority contained in Sections 6 and 7 of Article
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IV of the City Charber
Introduced, read at length and adopted by the unanimous vote
of all the members of the City Council this 21st day of May , A D 1927
ComEissioner of S77y and Offic io Mayor
ATTES`F
— City Clerk
STATE OF COLORADO )
) SS
COUNTY OF LARIAI+ETZ )
I, A J RQSENOVI, City Clerk of the City cf Fort Collies, do
hereby certify and declare that the foregoing ord2hnance consisting of
thirteen (13) sections was duly proposed and read at length at a
regal_r meeting of the City Council held on the 21st day of May, 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
Cit r of Fort Collins , and thereafter and on to-wit the ESL day of
said Ordinance No /,2 was duly pub li s e in the
Fort Co ins Express-Courier, a. daily newspap er published in the City
of Fort Collins Colorado
UM WITITESS WHEREOF, I have hereunto set my hard and affixed
the seal of said City, this day of May , A D 1927,
a Uy C ei
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