HomeMy WebLinkAbout024 - 06/30/1920 - RELATING TO THE CREATION OF HOWES STREET IMPROVEMENT DISTRICT NO. 14 (EMERGENCY ORDINANCE) 1
OF.DINAN'CE NO. 1,/� , 1920,
BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF
HOWES STREET IMPROVEMENT DISTRICT NO. 14, PROVIDING FOR
THE CONSTRUCTION OF I'26 ROVEMENTS 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 6th day of
`_?arch, 1920 , which said petition was duly and regularly signed,
by the owners of a majority of the frontage in the proposed
district , as evidenced by the resolution of the City Council
duly adopted on the 13th day of 1-Harch, 1920 , there is hereby
created and organized an improvement district under and by
virtue of Subdivision 110" of Chapter 120 of the Revised
Statutes of 1908 of the State of Colorado, concerning public
improvements in cities and -towns of less than one hundred
thousand inhabitants, to be known as H617ES STREET IIdPROVE11EET
DISTRIQP NO. 14 , corlprising the street .areas limited and de'
fined as follows, towit : Being all that portion of Howes
Street extending from the intersection of Howes Street with
the north boundary line of Laurel Street , and thence extend-
ing to the north line of LaPorte Avenue where the same inter-
sects Howes Street , excluding therefrom the street intersec
tion of Howes Street with Pest Mountain Avenue which is in-
cluded in West Mountain Avenue Permanent Improvement District
No. 8; and also including that portion of LaPorte Avenue ex-
tending from the west line of Howes Street where the same in-
tersects LaPorte Avenue to the east line of ;Jason Street
where the same intersects LaPorte Avenue , and .including
the lots and blocks fronting on said portion of Howes
Street and said portion of LaPorte Avenue , all in the
City of Fort Collins, Colorado, for the purpose of or-
dering the grading, paving, curbing and guttering of
said street area within said proposed district , within
Hoives Street , and forty-eight (48) feet in width within
LaPorte Avenue to the west line of :.!aeon Street ; all
said roadways to be improved by paving to consist of
one-course , reinforced concrete, the same as installed
in South College Avenue Improvement District . ??o. 11 in
said City of Fort Collins , and the street intersection
area from the west property line of iaason Street to the
east property line of I'Jason Street to 'be paved therein
shall be fifty-eight (58) feet in width and one hundred
(100) feet in length, being the combined area of both
the railway and street intersection, the north line of
which combined area is parallel to and twenty-six (26)
feet south of the north property line of LaPorte Avenue,
and the south line of which combined area is parallel- to
and sixteen (16) feet north of the south property line
of - LaPorte Avenue, which said area, exclusive of the rail
way trackage of the Colorado & Southern Railway Company,
is ,to be paved in the same manner as the balance of the
district , and the area of the railway trackage is to be
paved in accordance with the map, plans and specifications
to be hereafter submitted by the City. Lngineer and duly
approved by the City Council; curbs and gutters in said
district to be of cement concrete in accordance with the
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plans and specifications for the district ; including in
said district the lots fronting and abutting upon said
district., being Blocks 95, 98 , 105, 106 in Harrison' s
Addition to the City of Fort Collins , Blocks 94, 93 , 92, ;
91 , 41 , Washington Park, 31 , 101 , 102 , 103, 104, 42 , 32,
12 , and. 21 , and all the lots fronting and abutting on .
said Howes Street and said LaPorte Avenue within said
district , all in the City of Fort Collins; all of which
said lots , blocks and lends shall constitute said Howes
Street -Improvement District No. 14, for the purpose of
assessment as herein provided for the iirprove:pents to be
constructed therein.
Section 2 . That the said petition prated
for the permanent improvement of said district ,by grading,
paving , curbing and guttering, to consist of reinforced
concrete paving, otherwise known and described as one_
course ,' reinforced concrete, the same as installed in
. South College Avenue Improvement District Aio. 11 , and
guttering and curbing with cement in accordance with the
specifications of the city engineer 'for said district ,
which said petition was made and filed under the pro_
visions of Subdivision °C" of Chapter 120 of the Revised
Statutes of 1208 of the State of Colorado, concerning pub-
lic i,rprovements in cities and to'rns of less than one hundred
'thousand inhabitants; and that the plans and specifications ,
-together with the map, -prepared by the City Engineer , be and
are hereby adopted as the map, plans and specifications for
said district , and said work of construction of said improve-
ments is hereby ordered to be done in accordance therewith,
as provided by law, together with the estimate of
the cost of said constructon. of said improvements,
amounting to $114,244.03 (now reduced to $112;207.87} ,
which amount includes the cost to .be assessed against
the Fort Collins .4unieipal Railway for paving 0375
square yards of street area , $2 ,405.36; and against
the City of Fort Collins for one-half the cost of
paving street intersections , " 3211.85 square yards,"
$11 ,445 . 47; The Colorado & Southern Railway Company.
for paving track area, 600 square yards (now re-
.duced to 348 square yards) , $4,848.00 (now reduced
to $2811.84) , leaving a balance of $95 ,545 .20 .to be
assessed against, the owners of, the lots. 'and lands
in said district abutting upon said improvement,
and the engineer' s estimate of the cost per front
foot to the owners of the lots and lands in said
district abutting upon said inprovem ent .
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The road area to be paved includes 28, 772.2 square yards, in-
cluding the trackage of the Fort Collins '_iunicipal Railway,
whibh amounts to 675 square yards.
Sectior.•.3. That pursuant to the requirements
of the resolution of the City Council adopted on the 21st day
of April, 1920, due notice was given to the o,sners of property ,
to be assessed, by due and lawful publication in the Fort Col-
lins Exoress, a daily newspaper of general circulation in the
City of Fort Collins, for a 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 improvement proposed,
the number of installments and the time in which the cost would
,be payable, the rate of interest on unpaid and deferred install-
ments, 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. 29th day
of 11ay, A.D. 1920, at one o' clock P.M. , in the Council Chamber
in the City Hell of 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 im-
provement by the owner 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 held on the 29th day of !lay,
1920 , and that all complaints in writing concerning the pre-
posed improvement which had then and there been filed with the
City Clerk were duly considered and overruled.
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Section' 4. The City Council finds that all the
requirements of the statute respecting the petition for said im-
provement and the resolutions and notices required by law to be
given in respect thereto before the adoption of an ordinance or-
dering said improvement have been observed and complied with in
all respects; and it is hereby ordered that. the improvement of
Howes Street Improvement District No. 14 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
to be constructed.
Section 5. For the purpose of paying the cost of
said improvement , 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 ,
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
Howes Street Improvement District No. 14 of the City of Fort Col-
lins , and shall be payable in twenty (20) annual installments ,
. five per cent (5�) thereof payable in each and every year during '
said period, and shall bear. interest at 'the rate of five and one-
half per cent per annum, payable seini-annually, . said in
terest. 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 LtA416
Dollars ( ;oo°%j each. Each of said bonds small be subscribed
by the Commissioner of Safety and Ex Officio lulayor , and attested
by the City Clerk with the corporate seal of the Citv and' register-
I
ed with the City Treasurer , and shall be delivered from
time to time as required for the payment of. the work herein
Provided. Sail bonds shall be redeemable out of the moneys ,
collected on account of the assessments made for said im-
provements; all moneys collected from said assessments or
from the sale of bonds for said improvements shall be cre-
dited to Howes Street Improvement District Ho. 14, and .the
funds so collected shall only be used for the payreiit of the
• work of construction of said improvement and the interest
thereon. Said bonds shall be numbered from 1 to in-
clusive, 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 esti-'
mates 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 ab-
solutely 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 Subdivision "C° of Chapter 120
of the Revised Statutes of 1908 of the State of Colorado,. .
relating to public improvements in cities and towns of less
than one hundred thousand inhabitants. Pursuant to the
power and authority contained in Section 5398 of said Re-
vised Statutes of 1908, the payment of all the bonds issued
in virtue of this ordinance is hereby guaranteed by the City
of Fort Collins.
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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
HOWES STREET IMPROVEMENT DISTRICT N0, 14.
No.
The City of Fort Collins , in the County of
Larimer 'and State of Colorado, for value received, acknow-
ledges 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 call and payment , however, at any time
prior thereto, as provided in the Act of the General
Assembly hereinafter mentioned, : ith interest thereon from
date until payment at the rate of five and one-half .per
centum per annum, payable semi-annually on the day of
and the day of , at the office of the
City Treasurer of the City of Fort Collins , upon presentation
and surrender of the annexed coupons as they severally be-
come due.
This bond is issued for the purpose of paying.
the cost of the local improvement in Howes Street Improvement
District No. 14 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 Towns , the Issuance of
Local Improvement Bonds therefor, and the Assessment and
Payment of the Cost of said Improvements , " approved April. 8,
1899, said Act being the same as Subdivision "C" of Chapter
120 of the Revised Statutes of 1908 of the State of Colorado,
concerning public improvements , and an ordinance of said city
duly adopted and approved, published and made a law of said
city prior to the issue hereof. 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
Howes Street Imnrovernent District No . 14, especially bene-
fated by said improvements , and the amount of the' assessment
so to be made upon the real estate in said District for the
payment thereof , :pith 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 law and the ordi-
nance authorizing the issue hereof; 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 , the contract price for said improvement , nor
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the amount authorized by law; and it is further hereby certi-
fied and recited that every requirement of law relating to the •
creation of said Howes Street Improvement District No. 14, the
making of said local improvements 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 bona to render the same lawful and valid, have happen-
ed and been properly done and perforil:ed, and did exist in re-
gular and die time, form and manner as required by law.
In Testimony ldhereof , the said City of Fort
Collins has caused this bond to be subscribed by its Com-
missioner of Safety and Ex Officio Hayor, 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 Clerk, as of the day of ,
1980.
Commissioner of, Safety an
ATTEST: Ex Officio iiayor .
CITY CLERK.
(Form of Coupon) . .
On the 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 , 1920,
issued for the construction of the local improvement known
as :owes Street Improvement District No. 14; 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
r f
Xfive � . Dollars each, numbered from
l to "k7q inclusive, as is required to meet the estimated
cost of said improvement as herein provided, and w1:en 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 r_rovided.
i
Section 8, wherever considered prudent by
the City Treasurer , he is, hereby authorized and empowered,
whenever funds may be in his hands to the credit of Howes
Street Improvement District No. 14, including six months'
interest on the unpaid principal, to advertise two inser_
Lions in the official newspaper of said City and call in a
suitable number of bonds of said district for payr_ent , and
at the expiration of thirty (30) days from the first publi-
cation 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 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 improvement in accordance with
the. map, plans and specifications heretofore adopted, which
advertisement shall not be less than ten days in the daily,
official newspaper published in the City of Fort Collins, and
all bids received under said advertisement shall 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 i proveraent . After the contract is awarded
for construction„the City Council small 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 Safe•4j and Ex
Officio Mayor , and the work of construction 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 supervision of. the City Engineer , whose deci- .
Sion 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 parties thereto. When 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
that the agreed payments 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 sus-
-ended for substantial cause and upon complaint of any owner
of real estate to be assessed for the improve-ment , that_ the
improvement is 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 s`:all
be final. The City Council shall have the right to reject
any and all bids which spay 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 tothe best
interests of said City of Fort Collins, the said City Council
is hereby authorized and empowered to pro-aide for doing such
work by hiring parties by the day and to .arrange for purchas-
ing the necessary materials to do such work. under the direc-
tion , supervision. and control of the Commissioner of Public
llorks and the City Engineer , acting for said City.
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Section 10. When the said public improvement
in Hones Street Improvement District No. 14 shall have been
completed and .the same approved by the City Engineer and re-
commended for acceptance by said officer , and duly accepted
by the City Council of the City of Fort Collins, the cost
thereof shall be assessed uron the lots or tracts of land
abutting upon said Howes Street Improvement District No. 14,
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 streets or
alleys so improved being regarded as front ageto 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 assessments when so
reported by the City Engineer and approved by the City Council
shall be assessed against the property in said improvement dis-
..trict by an ordinance' to be adopted as provided by law.
Section 11. For the purpose of paying for en-
gineering- and other clerical expenses and the cost of inspec-
tion, upon the approval of the City Council, the Commissioner
of Safety and Ex Officio Mayor is •autherized to advertise for
not less than 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 Section 5393 of said Revised Statutes of 1908.
Section 12. This ordinance shall be irrereal-
able until the indebtedneseaherein provided for, whenever the
same shall be 'Created, shall have been fully paid, satisfied .
and discharged, as herein provided.
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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 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 r•,embers of the City Council
this 26th day of June,A.D. 1920.
Comm_issi ner of etyty an�
/ Fx .Officio Mayor.
ATTEST:
LC t y Clerk.
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STATE OF COLORADO )
SS. .
COUNTY OF LARI^IIER )
I , A. J. ROSENOT, City Clerk of the City
of Fort Collins , do hereby certify and declare that the
foregoing ordinance, consisting of thirteen (13) sec-
tions , was duly proposed and read at length at a regular
meeting of the City Council held on the loth day of 'Jung,
A.D. 1920, and was duly adopted and ordered published in
the Fort Collins Express , 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 Fort Collins , and thereafter , and on, touit :
the �` " day o A.D. 1920 , said Ordinance No.
was duly published in the Fort Collins Express, a daily
newspaper published in the City of Fort Collins, Colorado.
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed the seal of said City this day of
A.D. 1920 .
City Clerk.