HomeMy WebLinkAbout014 - 07/03/1916 - RELATING TO THE CREATION OF COLLEGE AVENUE IMPROVEMENT DISTRICT NO. 4 ORDINANCE NO 1916
RELATING TO THE CREATION OF COLLEGE AVENUE IMPROVEb' ITT DISTRICT
NO 41 PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THERE-
IN 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 day of March A D
1916, which said petition was duly and regularly signed by the
owners of a majority of the frontage in the proposed district
and under and in virtue of the resolution duly adopted by the
City Council on the 16th day of Iday, A. D 1916 , there is nere-
by created and organized an improvement district under and by
virtue of Chapter C of the Revised Statutes of 1908 concerning
public improvements in cities of less than one hundred thousand
inhabitants , to be known as "COLLEGE AVENUE Ib1PROVEi7-FT DISTRICT
NO 4, " comprising all that portion of the roadway of College
Avenue lying between the south line of Oak Street at its inter-
section with College Avenue, and to the north line of Olive
Street at its intersection with College Avenue, and all the
lots and blocks fronting and abutting upon said Improvement
District
Section 2 The said petition prayed for the permanent
improvement of said district by grading curbing and guttering
said district with concrete paving, and that said petition was
made and filed under the provisions of Chapter C of the Revised
Statutes of 1908 concerning improvements in cities of less than
one hundred thoueand inhabitants, and said concrete paving
so selected being the same as heretofore adopted for the paving
of Impr®vement Districts Pros 2 and 3, and otherwise known
and described as 1-course reinforced concrete cement , for
the paving of said district, and insofar as required the
guttering and curbing of said district shall be of cement,
that the plans and specifications, together with the map
prepared by the City Engineer in and for said district , be
and are hereby adopted as the plans specifications and map
for said district , and said workof construction of said improve-
ment is hereby ordered to be done in accordance with said map
plans and specifications for the construction of said improve-
ment , as provided by law together with the estimate of the
cost of construction of s i provement , amounting to Q1N�l^ e'
Thousand =Hundred wand 50/100 Dollars ( S5 ),
and the engineer' s estimate of the oost per front foot to the
owners of lots in said district abutting upon said improvement
The road area to be paved includes
square yards exclusive of the trackage of The Denver & Interurban
Railroad Company, that the total area to be charged against The
Denver & Interurban Railroad Company is 400
square yards, which is to be paved with vitrified paving brick
at an estimated cost of Fourteen Hundred Dollars ($1400.00)
Section 3 That pursuant to the requirements of said
resolution adopted on the 16th day of May A D 1916 due
notice was given to the owners of the property to be assessed
by due and lawful publication in the Fort Collins rviorning Express,
a daily newspaper of general circulation in the City of Fort
Collins, for the period of twenty (20) days 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 coat would be payable,
the rate of interest on unpaid and deferred installments, the
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extent of the district improved, together with the probable
cost per front foot as shown by the estimates of the City
Engineer, and to the further effect that on the 19th day of
June, A D. 1916, at four o'clock P. M. in the Council Chamber
in the City of Fort Collins, the City Council would hear and
consider all complaints and objections that might be made and
filed in writing concerning the proposed improvement by the
owners of any real estate to be assessed, that in pursuance of
said notice the said City Council did sit to hear complaints
at said meeting so held on the 19th day of June, 1916, and that
all complaints in writing concerning the proposed improvement
which had then and there been filed with the City Clerx were
duly considered and overruled
Section 4 The City Council finds that all the require-
ments of the statute respecting the petition for said improve-
ment and the resolutions and notices required by law to be
given in respect thereto before the adoption of an ordinance
ordering said improvement , have been complied with in all
respects, and IT IS HEREBY ORDERED that the improvenenit of
College Avenue Improvement District No. 4, as provided for in
the map, plans and specifications heretofore adopted by the
City Council and approved in this ordinance, be and is hereby
ordered toibe constructed
Section 5 That under Ordinance No 13 of the Series
of 1906, entitled "An Ordinance Granting to The Denver & Inter-
urban Railroad Company, its Successors and Assigns, the Right
to Construct , Maintain and Operate a Street Railway in the City
of Fort Collins, Colorado , and Granting a Right of Way to said
Company, its Successors and assigns, Over, Along and Across
Certain Streets, Alleys and Public Highways of the City of
Fort Collins," the said The Denver w Interurban Railroad Company
is obligated to pave zU or otherwise improve the streets when
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so ordered by the City Council., and The Denver & Interurban
Railroad Company has elected in writing duly filed in the
office of the City Clerk, to have paved the street in said
district so far as the same is occupied by the tracks of the
said company with vitrified brick to the extent of the street
occupied by its said tracts and twentyfour (24) inches on each
side of the outside rail of said tracks, which amount has here-
tofore been estimated by the City Engineer at f D U
snuare yards and estimated to Bost Fourteen Hundred Dollars
41400 00) , and the said The Denver & Interurban Railroad
Company has elected to pay the cost of said construction in
annual installments as other assessments are paid in said
district, and the cost of paving said area herein described
as belonging to The Denver & Interurban Railroad Company shall
be assessed to said company and collected in the same manner
as the other assessments in said district
Section 6 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 commenced
in said district , and in such form as may be approved by the
City Council after submission by the Commissioner of Finance ,
the said bonds shall bear the name of College Avenue Improvement
District No 4, and shall be payable in twenty (20) annual install-
ments, five per cent thereof payable in each and every year
during said period, and shall bear interest at the rate of six
per cent per annum, payable semi-annually, said interest to be
evidenced by coupons attached to the principal. bond and attested
by the f ac-simile signature of the City Clerk, which said bonds
shall be in denominations of Five Hundred Dollars ($500.00) each
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Each of said bonds shall be subscribed by the Commissioner of
Safety and Ex-officio Mayor and attested by the City Clerk with
the corporate seal of the city, and registered with the City
Treasurer, and shall be issued from time tib time as required
for the payment of the work herein provided Said bonds shall
be redeemable out of the moneys collected on account of assess-
ments made for said improvements, all moneys collected from said
assessments or from the sale of the bonds for said improvement
shall be credited to College Avenue Improvement District No 4,
and the funds so collected shall only he used for the payment
of the work of construction of said improvement and the redemption
of said bonds and the interest thereon Said bonds shall be
numbered l to inclusive , and shall be redeemable consecutively
according to number and in the order of issuance Said bonds shall
only be issued by the City Treasurer on estimates and order of
the City Engineer, signed and approved by the Commissioner of
Safety and Ex-pff icio Mayor All of said bonds shall be absolute-
ly due and payable twenty (20) years after the date of issuance
but shall be subject to call and payment at any time prior
thereto, as provided in Chapter C of the Revised Statutes of
1908, relating to public improvements in cities of less than
one hundred thousand inhabitants Pursuant to the power and
authority contained in 85398 of the Revised Statutes of 1908
the payment of all the bonds issped in virtue of this ordinance
is hereby guaranteed by the City Bf Fort Collins
Section 7 The said bonds, and coupons attached thereto,
shall be in substantially the following form
U N I T E D S T A T E S O F A M E R I C A
STATE OF COLORADO
CITY OF FORT COLLINS
No.
College Avenue Improvement District No 4
The City of Fort Collins, in the County of Larimer and
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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 o ice o the City Treasurer o+f
said City, on the _ day of , 1936
subject to call and payment, however, at any time prior thereto
as provided in the Act of the General Assembly hereinafter
mentioned, with interest thereon from date until payment at
the rate of six per centum per annum, payable semi-annually
on the day of , and the day of
at the o ice of the City Treasurer of the
City of Fort Coll.Lns, 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 College Avenue Improvement District
No 4, by virtue of and in full conformity with an Act of the
General Assembly of the State of Colorado, entitled, "An Act
to Provide for the Construction of Local improvements in
Cities of all Classes having a Population of less than One
Hundred Thousand, and Incorporated 'iowns, the Issuance of
Local Improvement Bonds therefor, and the Assessment and Pay-
ment of the Cost of Said Improvements," approved April 8, 1899 ,
said Act being the same as Chapter C of the Revised Statutes
of 1908 concerning public improvements, and an ordinance of said
city duly adopted and approved, published and made a law of
said city prior to the issuance thereof. 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
College Avenue Improvement District No 4 especially benefitted
by said improvements, 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 assesvyv, ajnd
d by an ordinance of said city, said lien
having priority over ather liens, except other bonds hereto-
fore issued by said C the lien of general taxes, but
payment of said bo is guaranteed by the City of Fort Collins
as provided by 1 and the ordinance authorizing the issue
thereof, and it s hereby certified and recited that the total
issue of bonds of said city for said district including t1is
bond, does not exceed the estimate of the City Engineer, the
contract price for said improvement nor the amount autnorized
by law, and it is further hereby certified and recited that
every requirement of law relating to the creation of said
College Avenue Improvement District No 4, 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, 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 , 1916
Commissioner of Safe y and
Ex-officio Mayor.
ATTEST
City Clerk
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(Form of Coupon)
No.
n fie- day, of 19 the City
of Fort Collins will pay to the bearer dollars
in lawful money of the United States , at the office—of the
City Treasurer of Fort Collins, Colorado, being six months'
interest on its local improvement bond dated 1916
issued for the construction of the local improvement—]mown as
Dollege Avenue Improvement District No. 4, provided this bond
shall not have been h eretofore paid
Attached to Bond No
City Clerk
Section 8. The Commissioner of Finance and Ex-officio
Treasurer is hereby directed and authorized to have printed a
sufficient number of bonds of the denomination of Five Hundred
Dollars (%500.00) each, numbered from 1 to inclusive , as
are required to meet the estimated cost of said improvement as
herein provided, and when said bonds shall have been duly pre-
pared they shall be retained by the City Treasurer to be issued
from time to time as hereinbefore provided
Section 9 Whenever considdred prudent by the City
Treasurer, he is hereby authorized and empowered whenever
funds may be in his hands to the credit of College Avenue
Improvement District No. 4 exceeding 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 said bonds so issued shall:be called
and paid in their numerical order
Section 10 Upon the taking effect of this ordinance,
the Mayor is hereby authorized and empowered to advertise for
bids for the construction of said improvement in accordance
with the maps, plans and specifications heretofore adopted,
which advertisement shall not be less than ten days in the
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• official newspaper published in the City of Fort Collins ,
and all bids received under said advertisement shall be sub-
mitted 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 improvement After the contract
is awarded for construction the City Council shall require a
bond for the faithful performance of the same of not less than
twenty-five per cent of the contract price , with sufficient
surety or sureties to be approved by the Commissioner of Safety
and Ex-officio Mayor, and the work of construction, when so
awarded under such contract, shallbe under the general control
of the Commissioner of Public Works and in the immediate control
and supervision of the City Engineer, whose decisions in all
matters of dispute respecting compliance with this ordinance and
the contract made thereunder, 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 pro-
visions of the acts under which the City of Fort Collins exists,
and of this ordinance , and that the agreed payments shall not
exceed the estimate of the City Engineer and the amount appro-
priated, and that upon ten 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 improvement ,
that the improvement is not being constructed in accordance with
the contract, then the City Council may consider the complaint
and make such orddr as may be just , and their decision shall
be final 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 judgment of
the City Council it shall deem it 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
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hiring parties by the day and to arrange for purchasing the
necessary materials to do such work under the direction super-
vision and control of the Commissioner of Public Works and the
City Engineer, acting for said city
Section 11 When the said public improvement in College
Avenue Improvement District No 4 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 said College Avenue
Improvement District No. 4 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, the sides of the corner lots abutting upon
the street or alleys so improved being regarded as frontage to
the extent of twenty-five (25) feet, the cost of the street
intersections to be assessed one-half to the City of Fort
Collins and the remaining half as provided by law, which assess-
ments when so reported 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 12 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
then ten (10) days in the official newspaper of said city,
and sell as many bonds as may be necessary and use the proceeds
thereof for said purpose , and in accordance with the provisions
of C5393 of the Revised Statutes of 1908
Section 13. This ordinance shall be irrepealable until
the indebtedness herein provided for, whenever the same shall
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be created, shall have been fully paid, satisfied and dis-
charged, as herein provided
Introduced, read and ordered published this 19th day
of June, A D 1916.
Passed and adopted this a_.day of July A D 1916
Commissioner of Safety and
Ex-off&cio .dayor
ATTEST
/s/ Ray Baxter
City Clerk
STATE OF COLORADO, )
-ss
COUNTY OF LARIMER )
I , RAY BAXTER, City Clerk of the City of Fort
Collins, do hereby certify and declare that the foregoing
ordinance, consisting of thirteen (13) sections, duly pro-
posed and readaat length at a meeting of the City Council
held on the 19th day of June, 1916 was duly ordered by
"Aye" and "Nay" vote to be published in the Fort Collins
Morning Express , a daily newspaper of the City pf Fort
Collins, in accordance with the provisions of Section 7 of
Article IY of the City Charter. that thereafter and on, to-wit,
the day of July, A. D 1916, at a regular meeting of
the City Council. said brdinanee came before said Council on
its final passage , a period of more than ten days having
elapsed since the publication as above set forth, and that the
said ordinance was upon second reading adopted as an ordinance,
and thereafter and on, to-wit , the day of July, A D.
1916, said Ordinance No as finally passed and adopted
was duly published in the Fort Collins Morning Express, a
daily newspaper published in the City of Fort Collins
Colorado
? 3A,4 In Witness Whereof, I have hereunto set my hand this
day of July, A D 1916
City Clerk