HomeMy WebLinkAbout011 - 04/24/1920 - RELATING TO THE CREATION OF ALLEY IMPROVEMENT DISTRICT NO. 3 (EMERGENCY ORDINANCE) ORDINANCE NO , 1920
BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION
OF ALLEY IMPROVEMENT DISTRICT NO 31 PROtiIDING FOR THE
CONSTRUCTION OF IMPROVEMENTS THEREIN AND AUTFORIZING
THE ISSUANCE OF BONDS TO PAY THE COST OF CONSTRUCTION
T AERE OF
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 1920 which said petition was duly and re-
gularly signed by the owners of a majority of the xront-
age in the proposed district , as evidenced by the resolu-
tion of the City Council duly adopted on the 13th day of
March 1920 there is hereby created and organized an im-
Drovement district under ana by virtue of Subdivision "Cu
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 ALLEY IMPROVEMEPTT DISTRICT NO 3 comprising
the alley area limited and defined as follows, towit
The alley in Blocks 121 and 1221 extending from the inter-
section of saia alley with East Mountain Avenue to its in-
tersection with East Olive Street , and also the alley in
Block 121 extending easterly from its intersection with the
north and south alley to its intersection with Remington
Street including dr veway intersection with Remington Street
and driveway intersection with East Olive Street , excluding
therefrom the intersection of said alley with Oak Street
and including the lots and blocks fronting and abutting on
said portion of said alley, all in the City of Fort Collins,
for the purpose of ordering the grading, paving curbing and
guttering, where necessary, of said alley area within the
proposed district, all ofteaid alley area to be improved by
paving to consist of one-course six inch concrete and the
gutters and curbs to be of concrete cement of the same speci-
fications as in Consolidated Improvement District No 5 in
said City of Fort Collins, including the lots fronting and
abutting upon said alley, being the lots in Blocks 121 and 122
within said district to be assessed for the improvements
hereinabove described
Section 2 That the said petition prayed for
the permanent improvement of said district by grading paving,
curbing and guttering to consist of ml ks 4- concrete pav-
ing, otherwise known and described as one-course , six inch
concrete cement ana guttering and curbing with cement in the
same manner as in Consolidated Improvement District No 5, which
said petition was made and filed under the provisions of Sub-
division °C" of Chapter 120 of the Revised Statutes of 1808
of the State of Colorado, concerning public improvements in
cities and towns 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 aistrict and said work
of construction of said improvements is hereby ordered to be
done in accordance therewith, as provided by law, together with
the estimate of the cost of said construction of said improve-
ments , amounting to Six Thousand One HundredoEighty-nine and
47/100 Dollars ($6189 47) for paving 2104 square yards at the
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cost per front foot of $3 328 including curb and gutter, said
amount to be assessed against the owners of the lots and lands
in said district abutting upon said improvement , and the en-
gineer' s estimate of the cost per front foot to the owners of
the lots and lands in said district abutting upon said improve-
ment
Section 3 That pursuant to the requirements of
the resolution of the City Council adopted on the 20th day of
Varch, 1920, due notice was given to the owners of property to
be assessed by due and lawful publication in The Fort Collins
Express, 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 shorn by the estimate of the
City Engineer , and to the further effect that on the 24th day
of April 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 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 24th day of April,
1920 and that 7W_ complaints in writing concerning the pro-
posed improvement which had then and there been filed with the
City Clerk
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Section 4 The
h City Council final that all the
requirements of the statute respecting the petition for said
improvement 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 observed and complied with
in all respects, and it is hereby ordered that the improvement
of Alley Improvement District No 3 as proviaed 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 Alley Improvement District No 3 of the City of
Fort Collins , and shall be payable in twenty (20) annual install-
ments five per cent W) thereof payable in each and every year
during said period and shall bear interest at the rate of five
and one-half (52) 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 &Lza L
Dollars ( ma each Each of said bonds shall be subscribed
by the Commissioner of Safety and Ex Officio Mayor and a+tes*ed
by the City Clerk with the corporate seal of the City and re-
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gistered 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
accosnt of the assessments made for said improvements, all moneys
collected from said assessments 7 from +he sale of bonds for said
improvements shall be credited to Alley Improvement District No 3,
and the funds so collected shall only be used for the payment of
the work of construction of said improvement and the interest
thereon Said bonds shall be numbered from 1 to l lv', inclusive
and shall be redeemable consecu+ivel accordi
ng ing to number and in
the order of issuance Said bonds shall only be issued and de-
livered by the City Treasurer on estimates and order of the City
Engineer signed and approved by the Commissioner of Safety and
Ex Officio ,dayor when said estimates have been duly audited and
approved by the City Council and ordered paid All of said bonds
shall be aosolutely 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 Coloraao, relating
to public improvements in cities and towns of less than one hun-
dred thousana inhaoitants Pursuant to the power and authority
contained in Section 5398 of said Revised Statutes of 1908, the
payment of all the ponds issued in 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
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UNITED STATES OF AIAERICA
STATE OF COLORADO
CITY OF FORT COLLINS
ALLEY IdPROVEMENT DISTRICT NO 3
NO
The City of Fort Collins in the County
of Larimer and State of Colorado, for value received
acknowledges iteelfu indebted and hereby promises to pay
to the bearer hereof the spun 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
office 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 purvose of
paying the cost of the local improvement in Alley Improve-
ment District IT 3, by virtue of and in full conformity
with an Act of the General Assembly of the State of Colo-
rado, entitled, "An Act to Provide for the Construction
of Local Improvements in Cities of all Classes having a
Population of less than One Lundred Thousand and In-
corporated 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 con-
cerning public improvements , and an ordinance of said
City duly adopted and approved, puolished and made a law
of said city prior to the issue hereof This bond is
payable out of tre proceeds and special assessments to
be levied upon the real property situate in the City of
Fort Collins in said Alley Improvement District No 3,
especially benefited 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 in-
terest , is a lien upon the said real estate in the res-
pective 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 ;hat the total issue of bonds of
said city for said district including this bond aces not
exceed the estimate of the City Engineer the contract
price for said improvement nor the amount authorized
by law, and it is further heresy certified and recited
that eve.Ly requiretment of law relating to the creation
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of said Alley Improvement District No 3 , 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 issu-
ance 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 t'iis bond to be subscribed by
its Commissioner of Safety and Ex Officio Mayor, attes-
ted by its City Clerk under the Beal 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 192_
Commissioner o e y an
Ex Officio Mayor
ATTEST
City Clerk
(Form of Coupon)
No
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 , 192 , issued for the construction of
the local improvement known as Alley Improvement District
No 3, provided this bond shall not have been heretofore
paid
Attached to Bond do
t y er
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 de-
nomination ofarrx- Dollars (6 ero
)
each numbered from 1 to !l._� inclusive, as is required
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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 Cicy Treasurer to be
issued and delivered from time to time as hereinbef ore pro-
vided
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 Alley
Improvement District No 3 , including six months ' interest
on the unpaid principal, to advertise two insertions , a
week apart, in the official newspaper of said City and
call in a suitable number of bonds of said aistrict 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 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 (10) days
in the daily official newspaper published in the City of
Fort Collins , and all bids received under said advertise-
ment 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 construction, the City
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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 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 decision in all matters of dispute res-
pecting 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 abpropriated and that upon
ten days' notice the work under said ocntract 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 improve-
ment is not being constructed in accordance with the con-
tract , then the City Council may consiaer tle complaint and
make such order 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 judg-
ment of the City Council it shall be deemed to the best in-
terests of said City of Fort Collins the saia City Council
is hereby authorized and empowered to provide for doing such
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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
Works and the City Engineer acting for said City
Section 10 When the said public improvement
in Alley Improvement District No 3 shall have been completed
and the same approved by the Cit; 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 Alley Improvement District No 3, 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 cor-
ner lots abutting upon the alleys so improved being regarded
as frontage to ' he extent of twenty-five (25) feet, which
assessments 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 11 For the purpose of paying for
engineering and other clerical expenses and the cost of in-
spection, upon the approval of the City Council the Commis-
sioner of Safety and Ex Officio Mayor is authorized to ad-
vertise for not less than ten (10) days in the official news-
paper of said city and sell as many bonds as may be neces-
sary and use the proceeds thereof for said purpose, ana in
accordance with the provision of Section 5393 of said Revised
Statutes of 1908
Section 12 This ordinance shall be irrepeal-
aole until the indebtedness herein provided for whenever the
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same shall be created shall have been fully paid, satisfied
and discharged as herein provided
Introauced, read at length and adopted by the
unanimous vote of all the members of the City Council this
24th day of April, A D 1920
//ems
Commissioner or 5drety and
Ex Off icio Major
ATTEST
,,W
-City Clerk
STATE OF COLORADO )
SS
COUNTY OF LARIMER )
I A J ROSENOw, City Clerk of the City of
Fort Collins, do hereby certify and declare that the fore-
going ordinance, consisting of twelve (12) sections was dull
proposed and read at length at a regular meeting of the City
Council held on the 24th day of April, A D L920 and was
duly adopted and ordered published in the Fort Collins Ex-
press, a daily newspaper and the official newspaper of tie
City of Fort Collins, by the unanimous vote of all members
of the City Council, as an emergency ordinance, in accor-
dance with the provisions of Sections 6 and 7 of Articlg IV
of the City Charter, and thereafter on towit the
day of April, A D 1920 said Ordinance No �_ was duly
published in the Fort Collins Exprees, a daily newspaper
published in the City of Fort Collins, Colorado
IN V9ITNESS THEREOF I have rereuno set my
hand and affixed the seal of said City this day of
April , A D 1920 —
p2LO'X.�
'City Clerk
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