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HomeMy WebLinkAbout017 - 05/15/1920 - RELATING TO THE CREATION OF WEST MOUNTAIN AVENUE PERMANENT IMPROVEMENT DISTRICT NO. 8 (EMERGENCY ORD ORDINANCE NO. 17 , 1920 , BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF WEST MOUNTAIN AVENUE PERMANENT IMPROVEMENT DISTRICT NO. 8', PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS 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 21st day of February, 1920 , which said petition was duly and regularly signed bp: 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 28th day of February, 1920, there is hereby created and organized an improvement district under and by virtue of Subdivision "G" of Chapter 120 of the Revised Statutes of 19083of the State of Colorado, concern- ing public improvements in cities and towns of less than one hundred thousand inhabitants , to be known as WEST MOUNTAIN AVENUE PERMANENT IMPROVEMENT DISTRICT NO. 8, comprising the street areas limited and defined as follows., for+it : Being all that portion of West Mountain Avenue extending from the intersection of the east line of Howes Street with West .Mountain Avenue to the west corporate limits of the City of Fort Collins where the same intersects West Mountain Avenue on the south side thereof east of the east bank of the canal of The Larimer County Canal No. 2 Irrigating Comrany, and the west corporate limits on the north side of said West Mountain Avenue west of Lyons Street and on a line with the west line of Van Slyke_Setzler Addition to the City of Fort Collins , and including the lots and blocks fronting on said portion of said West Mountain Avenue , all in the City of Fort Collins , . Colorado, for the purpose of ordering the grading, paving, curbing and guttering of said street area within said proposed district , excepting thirty (30) feet in the center thereof extending from the wast line of Howes Street where the same intersects West Mountain Avenue to a point ninety (90) feet west of the west property line of Lyons Street , with the exception of street intersections where the same intersect West Mountain Avenue, being thirty (30) feet in width in the center thereof to be left for parking, said parking to be curbed in the same ;Wanner as ' the curbing in South College Avenue Improvement District No. 11, where parking was left in the center of the street , and also the roadway on each side of said parking. extending . I the east line of Howes Street where the same intersects 'west Mountain Avenue to the western corporate limits of said City of Fort Collins inhere the same intersects West Mountain Avenue , as hereinabove described; all said roadways to be improved by paving to consist of one-course, reinforced con- crete the same as installed in South College Avenue Improve- ment District No. 11 in said City of Fort Collins, and the gutters and curbs to be of concrete cement of the same speci- fications as in South College Avenue Improvement District No. 11 in said City of Fort Collins, including the lots fronting and abutting upon said Avenue ,lbeing Blocks 101, 91 , 81 , 71, 31 , .41 , 51 and 61 in the City of Fort Collins; Blocks 270 , 280, 290 , 271, 281 and 291 in Loomis Addition to the City of Fort Collins; Campbell ' s Addition .to the City of Fort Collins; Morger-Smith Subdivision and Addition to the City of Fort Collins; Blocks 1 and '2 in Washington Place Addition to the. City of Fort Collins, Blocks 1, 2, 3 , 4 , and 5 in' Seott-Sherwood Addition to the City of Fort Collins; all .the lots and blocks -2- in Grandview Addition, Hensel ' s Addition, Swett ' s Addition and Van Slyke-Setzler Addition to the City of Fort Collins; and alsothe lands lying between Hensel ' s Addition and Swett "s- Addition, .all in the City of Fort Collins; all of which said lots , blocks and lands shall constitute said West Mountain , Avenue Permanent Improvement District No . 8 for the purposes of assessment as herein provided for the imps weaents to be . constructed therein. Section 2. That the said petition prayed for the permanent improvement of said district by , grading, pav- ing, curbing and guttering, to consist of reinforced concrete paving, otherwise known and described as one-course, rein- forced concrete cement , the same as installed in South College Avenue Improvement District No. ll, . and guttering and curbing with cement in the same manner as in South College Avenue Im- provement District No. 11 , which said petition was made and filed under, the provisions of Subdivision "C" of Chapter 120 . of the Revised Statutes of 1908 of the State of Colorado, con_ cerning public improvements in cities and towns of less than one hundred thousand inhabitants; and that the plans and spe cifications , together with the map prepared by the City Engin- eer , be and are hereby adopted as the map , plans and specifi- cations for said district ,and said work of construction of said improvements is hereby ordered to be done in accordance therewith, as provided by late, together with the estimate of the cost of said construction of said improvements , amounting to One Hundred Eighty-four 'Thousand Seven Hundred Fifty-two and 29/100 Dollars ($184,752 .29) , which amount includes the cost to be assessed against the Fort Collins Municipal Rail- way for paving 1461.72 square yards- of street area, $4,617.8@, and parking curb T?6,970. 00, total $P11 ,587.89; and against the .. City of Fort Collins for one-half the cost of paving 6,830..28 square yards at street intersections , �21,578. 65 , leaving a balance of $151 ,585. 75 to be assessed against the owners of the lots and lands in said district abutting upon said improve- ment , and the engineer ' s estimate of the cost per front foot to the oxners .of thelots and lands in said district abutting upon said improvement . The road area to be paved includes 50 ,068.60 square yards, exclusive of the trackage of the Fort Collins Municipal Railway, which amounts to 1461 . 72 square yards. Section 3. That pursuant to the requirements of the resolution of the City Council adopted on the 7th day of April, 1920, due notice was given to the owners of property to be assessed , by due and lawful publication in the Fort Colline. Ex-oress , 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 pro- perty to belassessed 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 de- ferred installments , the extent of the district improved, to- gether with the probable cost per front foot as shown by the , estimate of the City Engineer , and to the further effect that on the 15th day of May, A .D. 1920, at one o' clock P.M. , in the Council Chamber in the City Hall of the City of Fort .Collins , the City Council would hear and consider all complaints and _4_ objections that might be made and filed in writing concerning the proposed improvement 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 15th day of May, 1920, and that a�..-' complaints in writing concerning the proposed improvement v 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 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 West Mountain Avenue Permanent Improvement District No. 8 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 here- by authorized to be issued by the Commissioner of Finance and Ex Officio Treasurer of the City of Fort Collir_s , 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 west mountain Avenue Permanent Improvement Dis- trict No. 8 of the City of Fort Collins., and shall be payable in twenty (20) annual installments , five per cent (%o) thereof pay- -5- able in each and every year during said period, and shall bear interest at the rate of five and. one-half per cent (52;�) 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 ofLll�� p Dollars each. Each of said bonds shall be sub- scribed 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 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 assessmentslor from the sale of bonds for said improvements shall be credited to west Mountain Avenue Permanent Improve- ment District Yo . 8, and the funds so collected shall only "be used for the payment of the work of construction of said im- provement and the interest thereon. Said bonds shall be numbered from 1 to 3 70 inclusive, and . shall be redeemable consecutively, according to number and in the order of issu- ance. 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 twenty (20) years -after the date of issue, but shall' be subject to call and pay- ment at any time prior thereto, as provided in Subdivision of Chapter 120 of the Revised Statutes of 1908 of the State of -6- 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- vi.sed Statutes of 1908, the payment of all the bonds issued in virtue of this ordinance is hereby guaranteed by the City of Fort Collins . Section :o. 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 7TEST MOUNTAIN AVENUE PERMANENT IMPROVE-MENT DISTRICT NO. 8 . • 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, with 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 of- fice of the City Treasurer of the 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 pay- ing the cost of the local improvement in nest Mountain Avenue Permanent Improvement District No. 8 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 Thou- sand, and Incorporated Towns , . the Issuance of, Local Im- pro•vement 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 sqLid city duly ac -oted and approved, published and made a Law of said city prior to the issue hereof . This bond is pay- able out of the proceeds and special assessments to be levied upon the real property situate in the 'City of Fort Collins in said West sountain Avenue .Perraianent Improvement District No. 8 especially benefited by said improvements , and the amount of the assessment se 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 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 ordinance 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 con- tract price for said improvement , nor the amount authorized by lave-; and it is further hereby certified and recited that every requirement of law relating to the creation of said (Jest Mountain Avenue Permanent Improvement District 'No. 8, the making of said local improvements and the .issuance of this bond, has been fully cot-,plied with by the proper of- ficers 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 aid exist in regular and due lima , form and manner as required by law. In Testimony ;hereof, the said City of Fort Collins has caused this bond to be subscribed by its Com- missioner 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 fac simile signature of the City Clerk, as of the day of , 1920 . Commissioner of Safety and Ex Officio Mayor . ATTEST: . City Clerk. (Form of Coupon) Ato. 4 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 West Mountain Avenue Permanent Improvement District No. 8; provided this bond shall not have been heretofore paid. Attached to Bond No. City Clerk. Section 7. The Cgunissioner of Finance and Ex Officio Treasurer is hereby authorized and directed to have printed a sufficient number of bonds of the denomina- Lion of JCirix� `��,�dt Dollars ( each; num- bered from 1 to %3,96 inclusive , as is required to meet the estimated cost of said improvement as herein provided, and when said bonds shall "nave been duly prepared they shall be retained by the City Treasurer to be issued and delivered from time to time as hereinbefore 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 Nest Mountain Avenue Permanent Im,provetent District No. 8, in- cluding six months ' interest on the unpaid principals to advertise two insertions 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 (30) days from the first publication interest on said bonds so called shall cease. The notice shall specify the bonds so called by num- ber , and all said bonds so issued shall be called and paid in their numerical order. Section 9. Upon the taking effect of this o-rdi nance , the Commissioner of Safety and Ex Officio Mayor is here_ by authorized and empowered to advertise for bids for the con- struction of.: said . improvement in accordance with the map, plans and specifications heretofore adopted, which advertisement shal not be less than ten days in the daily, official newspaper published in the City of Fort Collins, and all bids received -9- 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 improvement . After the contract is awarded for con_ struction the City Council shall require a bond for the faith- ful 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 said contract shall be under the general control of the Commissioner of Public Works and in the immediate charge , control and super- vision of the City Engineer , whose decision in all matters of dispute respecting compliance with this ordinance and the con-' tract 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 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 order., as may be just , and its 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 f.or, the construction of said improvements , and when in the judgment of the City Council _10- it shall be deemed to the best interests of said City of Fort Collins , the said City Council is hereby authorized and emvow- ered 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 ;corks and the City Engineer , acting for said City: Section 10 . When the said public improvement in west -Mountain Avenue Permanent Improvement District No. 8 shall have been completed and the same approved by the City Engineer and recommended for acceptance by said officer , and duly accep- ted by the City "Council of the City of Fort Collins , the cost thereof shall be assessed "upon the lots or tracts of land abut- " ting .upon said hest Mountain Avenue Permanent Improvement Dis= trict No . 8 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 frontage to the extent of twenty-five (25) feet; the cost of the street intersections to be assessed one-half to the City of Fart Collins and the re- maining half as provided by lair, which assessments -when so re- ported 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 engin- eering.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 (10) days .in the official news-caper of said city, and sell. as -11- many bonds as may be necessary and use the proceeds thereof for said purpose , and in accordance viith the provisions of Section 5393 of said Revised Statutes of 1908 . Section 12. This ordinance shall be irrepeal- able until the indebtedness herein provided for, whenever the same shall be created, shall have been fully paid, satisfied and discharges. , 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 publication, under and by virtue of the authority contained in Sections 6 and 7 of Artiole Its of the City Charter . Introduced, read at length and adopted by the unanimous vote of all the members of the City Council this 15th day of May, A.D . 1920. Commissioner ol 6af"y and Ex Officio Mayor . ATTEST: -City er . „ _12- STATE OF COLORADO ) SS . . COUNTY OF LARILIER ) 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 and read at length at a regular meeting of the City Council held on the 15th. day of Lfay, 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, , towit: the -Z 6 day of May, 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 Q'LD day of May, A.D. 1920 . (/ City Clerk.