HomeMy WebLinkAbout018 - 06/19/1926 - RELATING TO THE CREATION OF COMBINED ALLEY IMPROVEMENT DISTRICT NO. 8 (EMERGENCY ORDINANCE) .r
ORDINANC-� NO 8 , 1926,
BEING AN EMERGENCY ORDINANCE 1TZATING TO THE CREATION OF COMBINED ALLEY
IMPROVEMENT DISTRICT NO 8, PROVIDING FOP THE CONSTRUCTION OF IMPROVET�LNTS
THEREIN, AND AUTHORIZING THE ISSTJANCE OF BONDS TO PAY THE COST OF
CONSTRUCTION THEREOF
BE IT ORDAINED BY TIN 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 17th day of April, A D 1926, which said petition
was duly Ladd regularly signed by the own-rs of more than ons-third of the
frontag- in the proposed district, and by the own re of more than one- third of
the area in the proposed district, as evidenced by a resolution of the City
Council duly passed and adopted on the 17th day of April A D 1926 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 4, 1923 and
Ordinance No 9, 1926 to be known as Combined Alley Improvement District
No 8 comprising all property abutting on the alley extending north and
south through Block 123, Main Addition to the City of Fort Collins Colorado,
from Olive Street to Magnolia Street in the City of Fort Collins
Section 2 That the said petition prayed for the improvement of
said district by grading, draining and paving the said alley, paving to consist
of six inch concrete built in concave form, or as may bs necessary to facilitate
the roof, surface and alley drainage of said alley, which said petition was *Wade
and filed under the provisions of Ordinance No 7, 1921 as amsnded by Ordinances
No 4, 1923 and No 9, 1926, and that the plans and specifications, together
with the map prepared by the City Engineer be and the same are h-reby adopted
as the map, plans and specifications for said district, and said work of
construction of said improvements is hereby ordered to be done in accordance
therewith, as provided by law, together with the estiva ted cost of the
construction of said improvements amounting to $4303 18, being $4209 88 for the
paving of the said alley and $93 30 for th- storm sew-r or the roof and
surface drainage of the said alley which amount of $4303 18 includes the cost
to be assessed against the property owners for the improvement of the said
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alley, and all to be assessed against the owners of lots and lands in said
district abutting upon said improvements, wben completed and accepted, in
accordance with the provisions of Sections 7 and 8 of Ordinance No 7, 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 15th day of May, A D 1926, due notice was
given to the owners of property to be assessed, by due and lawful 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 own re of the property to be assessed and designated the kind of
improvements proposed, the number of installments and the time in vnich the
cost would be payable, the rate of interest on the unpaid and def-rred install-
ments, the extent of the district improved, together with the probable cost per
front foot and per square foot, as shown by the estimate of the City Ehginser,
and to the further effect that on the 19th day of June, A D 1926, 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 consider all comolaints 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
said
notice the/City Council did sit to hear complaints at said me ting held on
the 19th day of June, A D 1926 and that no complaints in writing cone rning
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 lav 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 improvement of Combined Alley
Improvement District No 8 as provided for in the map, plans and specifications
heretofore adopted by the City Council, and auproved in this ordinance, be and is
hereby ordered to be cots tructed
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Section 5 'or the uurpose of paying the c 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,
wh3,.h 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 Finances
said bonds shallbear the name of Combined Alley Improvement District No 8 of
the City of Fort Collins, and shall be payable in twenty (20) annual in�tallm-nts,
five (5%) per cent to-reon payable in each and every year during said ueriod,
and shall bear interest at the rate of five (5%)ppsr cant psr annum pavable 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, avhich said bonds shall
be in denominations of two hundred ($200 oo) dollars each Each of said bonds
shall be subscribed by the Commissioner of Safety and Ex-Officio Mayor, counter-
signed by the Commissioner of Finance and Ex-Officio City Treasurer, and
attes*ed 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 assessments or from the sale of bonds for said
improvements shall be credited to Combined Alley Improvement District No 8
and the funds so collected shall only be used for the payment of the work of
construction of said improvements and the interest thereon Said bonds shall be
numbered from 1 to -61 2 inclusive, and shall be redsemable consecutively,
according to numb--r and in the order of issuance Said bonds shall onlv 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 addited 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
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Section 6 Said bonds and the coupons attached thereto shall be in
substantially the following form
UNITED STAT713 OF AITERICA
STATE '1F COLORADO
CITY OF FORT COLLINS
COMBINED ALLEY I�TPRO"_VNT DI9TRICT NO 8
No
The City of Fort Collins, in the County of Larimer, and State of Colorado,
for valas 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 office of the Citf Treasurer, of said City, on the
day of , 19 , subject to call and payment, however, at any
time prior th-reto, as provided 7n the amendment of Section 1 of Article XVII of
the City Charter, passed and adopted April 6, 192D, and Ordinance No 7, 1921s
relating to local public improvements, as amended by Ordinances No 4, 1923 and
No 9 1926 with inter-at thereon from date until payment at the rate of five
par cent per annum, payable sari-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
aeverally become due
This bond is issued for the purpose of paying the cost of the local
improvement in Combined Alley Improvement District No 8 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 Ordinances No 4 1923 and No 9, 1926 This
bond is payable oat of the proceeds and special assessments to be levied upon the
real property situate in the City of Fort Collins in said Combined Alley
Improvement District No 8, -specially benefitted by said improvements, and tYa
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 amourts to be apportioned to said real estate and to be assess-d
by an ordinance of said city, said lien having priority over all otter liens,
except oth-r bonds heretofore issued by said City, and the lien of general taxes,
but Fayment 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 estimat of
the City Engineer, and the contract pries for said improvements, nor the amount
authorized by law and it is further certified and r-cited that every requirersnt of
law r-latirg to the or-ation of said Combined Ally Improvement District No 8
the making of said local improvement and the issuance of tiis bond, has been Hilly
complied with by the v roper officers of said city and that all conditions
required to exist and all things required to b- dore precedent to and in the
issuance of tfis bond to render the same lawful and valid, have happened, and been
properly done and performed, and did exist in r-gular and due time, form and
manner as required by law
In Testimony VCh-reof, The said City of Fort Collins has caused this bond to
besubscribed by its Commissioner of Safety and Ex-Officio Mayor countersign-d 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 th-reto a tacked to be
attested by the fac simile signature of the City Clerk as of the day of
19
Commission of Safety and Ex-Officio Mayor
Countersigned
ATTEST
Commissioner of Finance and Ex-Of`icio City Treasurer
City Clerk
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(Form of Coupon)
No $
On the day of 19 , the City of Fort Col�ine
rill 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 irproverrent bond dated
19 , issued for the construction of the local improvement known as Combined Alley
Improvement District No 8, provided this bond shall not have been here ofore paid
Attached to Bond No
City Clerk
Section 7 The Commissioner of Firance and Ex-Officio Treasurer is hereby
authorized and directed to have print-d a sufficient number of bonds of the
ollars
denomination of two hundred ($200 oo1�ach numbered from 1 to z inclasive,
as is required to rreet the estimated cost of said improvements as herein provided,
and when said bonds shall have been fuly prepared, they shall be retained by t'l+e
City Treasurer to be issued and deliver-d from tine to time as hereirbefore
provided
Section 8 FlhenevAr considered prudent by the City Treasurer he is
h-reby authorized and empovv3red, whenever funds may be in his hands to the credit of
Combined Alley Improvement Diet-ict No 8 including 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 bonds so issued shall be called and paid in their numerical order
Section 9 Upon the takirg ef"ect of this ordinance the Commissioner of
Safety and Ex-Officio Mayor, is hereby authorized and empowered to adv rtise for
bids for the construction of said improvements in accordance with the map, plans
and specifications h retofore adopt-d, which advertisement shall not be less than ten
days in the official newspaper published in the City of Fort Collins and all bids
r9ceived 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 marovemerts After th- contract is awarded
for the construction the City Council shall require a bond for th- faithful
performance of the same of not less than the full contract price, with sufficient
surety or sureties to be approved by the Corarissionsr of Safety and Ex-Officio Mayor,
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and the work of construction vtiken so awarded under said contract shall be under
the g-neral control of the Comissioner of Public works and in the irmiadiate
charge control and supervision of the City Engineer, whose decision in all matters
of dispute respecting compliance with this ordinance, and the cortract made
thereunder, and the plans and specifications shall be final and binding ujon all
parties thereto When said contract is awarded it shall con+ain a classe to
the effect that it is subject to the provisions of the charter and of tha laws under
which the City of Fort Collins exists and of tris ordinance and the vrovisions of
Ordinance No 7, 1921, relating to local public improver-arts, as amended by
Ordinance No 9, 1928, and that the agr-ed paym-nts shall not exceed the estimate
of the City Engine r 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 improvements, that the improvements
are 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 When said contract is awarded it shall also contain a provision
as to the manner of payment - ti;�ather the same shall be made in bonds of the said
district to be accepted by the contractor at par, or whether payment shall be made
to the contractor in money, all at the option of the City Council The City Council
shall have the right to reject any and all bids each may be made by any person
or per,ons 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 City of
Fort Collins, the said City Council is hereby authorized and empowered to provide
for doing si.ch work by hiring parties by the day and to arrange for purchasing
the necessary materials to do uch work under the dir-etion supervision and
control of the Commissioner of Public works and the City Engineer, acting for
said city
Section 10 Vhien the said public improvements in Combined Alley 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 accepted by
the City Council of the City of Fort Collins the cost thereof shall be assessed
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upon the to s or tracts of land abutting upon said Corbined Alley TmproveTlent
District No 8 in proportion as the frontage and area of each lot or tract of
lend is to the frontage and area of all the lots or tracts of land so improved,
which assessments v�hen so reported by the City Engineer and approved by the City
Coi.ncil shall be assessed against the property in said improvement district by an
ordinance 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 pag)iing 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 shall not bear interest to exceed five (5%) per cent 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 irrspealable until the indebtedness
herein provided for, whenav-r 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 -mergency exists for the
preservation of the public health, peace and safety and this ordinance shall take
effect upon its passagle and publication and-r and by virtue of the authority
contained in Sections 6 and 7 of Article IV of the City Cbart�r
Introduced, read at length and adopted by the unanimous vote of all the
members of the City Council this 19 da of June, A D 1926
C mmissionar of Safety d Ex-Of fici Mayor
ATTEST
City Cl-rk
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STATE OF COLORADO )
SS
COUNTY OF LARIMM )
I, A J ROSPNOW City Clerk of the City of Fort
"Collins, do h-reby certify and declare that the foregoing ordinance corsisting of
thirteen (13) sections was duly propos-d and read at length at a regular meeting of
the City Council held on the 19th day of June A D 1926, and was duly adopted and
ordered published in the Fort Collins Express-Courier a daily newspaper and the
official nerspaper of the City of Fort Collins by th- unanirous vo a of all the
members of t',ie City Council, as an emergency ordinanc- in accordance with the
provisions of Sections 6 and 7 of Article IV of the
�lCiZ barter of the City of
Fort Collins, and th reafter and on to-Tdt the 2,+v "day of Cl��7 C' ,
1026, said Ordinance No /00 was duly published in the Fort Collins Express-
Courier a daily newspaper published in the City of Fort Col ins Colorado
IN I"ITNESS WHTREOF I have hereunto set my hand and affixed
the Beal of said City this Z Z day of June A D 1926
City Clerk
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