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HomeMy WebLinkAbout015 - 05/15/1926 - RELATING TO THE CREATION OF COMBINED ALLEY IMPROVEMENT DISTRICT NO. 7 (EMERGENCY ORDINANCE) ORDINANCE NO / , 1926s BEING AN EMERGENCY ORDINANCE RTLATITG TO THE CREATION OF COMBINED ALLEY IMPROVEMENT DISTRICT NO 7, 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 27th day of February, A D 1926 which said petition was duly and regularly signed by the owners of more than one-third of the frontage in the proposed district, and by the owners 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 6th day of March, A D 1926, and pursuant to a petition duly filed and presented to the City Council on the 6th day of March, A D 1926, which said petition was duly and regularly signed by the owners of more than one-third of the frontage in the proposed district, and by the owners 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 6th day of March, A D 1926 and pursuant to a resolution of the City Council duly passed and adopted on the 6th day of March, A D 1926 that the improvements petitioned for be ccmbined so as to form one district there is hereby created and organised an improvement district under and by virtue of the provisions of Ordinance No 7, 1921, relating to local public improvements, passed and and No 91 1926, adopted April 2, 1921, as amended by Ordinances No 4, 1923jto be known as Combined Alley Improvement District No 7, comprising all property abutting on the alley running northeast and southwest in Block 13, and all property abutting on the alley running southeast and northwest in Block 13 to-wit Lots 1 to 16 inclusive in the said Block 13, in the City of Fort Collins, Colorado Section 2 That the said petitions prayed for the improvement of said district by grading, draining and paving the said alleys paving to consist of siz inch concrete built in concave form or as may be necessary to facilitate the roof surfa-e and alley drainage of said alleys which said petitions were made and filed under the provisions of Ordinance No 7, 1921, and that the plans and specifications, together with the map prepared by the City Engineer, -1- be and are hereby 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 estimated cost of the construction of said improvements amounting to $8,015 05, being $5,257 22 for the paving of the said alleys and $2,757 83, for the storm sewer or the roof and surface drainage of the said alleys, which amount of $8,015 05 includes tba cost to be assessed against the property owners for the improvement of the said alleys and all to be assessed against the owners gfrlots add lands in said district abutting upon said improvements, when completed and accepted, in accordance with the provisions of Sections 7 and 8 of Ordinance No 7, 19210 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 loth day of April, 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 owners of the property to be assessed and designated the kind of improvements proposed, the nunber of installments and the time in which the cost would be payable, the rate of interest on the unpaid and deferred 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 Engineer, and to the further effect that on the 15th day of May, A D 1926s at eight o'clock A M , in the Council Chamber in the City Hall of the City of Fort Collins, the City Council world hear and consider all complaints 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 notice the said City Council did sit to bear complaints at said meeting held on the 15th day of May, A D 1926, and that no complaints in writing concerning 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 petitions for said improvements and the resolutions and notices required by law to be given in respect thereto before the adoption of an -2- 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 7 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 improvements, bonds of the City of Fort Collins are hereby authorised 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 be9n 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 Cou m it after submission by the Commissioner of Finance, said bonds shall bear the none of Combined Alley Improvement District No 7 of the City of Fort Collins, and shall be payable in twenty (20) annual installments, five (5%) per cent thereof payable in each and every year during said period, and shall bear interest at the rate of five (5%) 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 itwo hundred (q$20a 04 dollars each Each of said bonds shall be subscribed by the Commissioner of Safety and ExAOfficio Mayor, counter- signed by the Commissioner of Finance and Er,-Officio City Treasurer, 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 assessments or from the sale of bonds for said improvements shall be credited to Combined Alley Improvement District No 7, and the funds so collected shall only be used for the paymeft of the work of construction of said improvements and the interest th3reon Said bonds shall be numbered from 1 to -/// inclusive, and shall be redeemable consecutively, according to number and in the older of issuance Said bonds shall only be issued and delivered by the City Treasurer on estimates and order of the City -3- 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 absohite;y 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 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 COMBINED ALLEY IMPROVEMENT DISTRICT NO 7 No The City of Fort Collins, in the County of Larimer, and State of Colorado, for value received, acknowledges itself Indebted and hereby promises top ay to the bearer hereof the aum 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 amendment of Section 1 of Article XVII of the City Charter, passed and adopted April 6, 1920, and Ordinance N0p 70 1921, relating to local public improvements as amended by Ordinances No 4, 1923 and No 9, 1926, with interest thereon from date until payment at the rate of five per cent per annum payable semigannually 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 purpose of paying the cost of the local improvement in Combined Alley Improvement District No 7 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 out 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 7, especially benefitted by said improvements, and the amount of the assessments so to be made upon the real estate amat in said District for the payment hereof 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 ordinance, and it is hereby certified and r-cited that the total issue of bonds of said city for said district, including this bond, does not exceed the eatimite of the City Engineer, and the contract price for said improvements, nor the amount authorized by law, and it is further certified and r cited that every requirement of law relating to the creation of said Combined Alley Improvement District No 7, _ems 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 Port Collins has caused this bond to be subscribed by its Commissioner of Safety and Ex-Officio Mayor, countersigned by its Commissioner of Finance and Ex-Officio City Treasurer, and attested by its City Claris 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 19 Commissioner of Safety and Et .-Officio Mayor Countersigned. Commissioner of Finance and Ex-Officio City Treasurer ATTEST City Clerk (Form of Coupons) No $ On the day of m 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 dat-d 19 , issued for the construction of the local Improvement known as Combined Alley Improvement District No 7, provided this bond shall not hava been heretofore paid Attached to Bond No City Clerk Section 7 The Commissioner of Finance sad Ex-Officio Treasurer is hereby authorized and directed to have printed a sufficient n=ber of bonds of the denomination of twaa hundred ($290 00) dollars each, ==bored from 1 to 1 inclusive, as is required to meet the estimated cost of said improvements as herein provided, and when said bonds shall have been duly prepared, they shall be retained by tb 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 Itis hands to the credit of Combined Alley Improvement District No 7, including six months' interest on the unpaid principal, to advertise for five days in the official newspaper of said city, -5- 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 th9 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 improvements in accordance with the map, plans and specifications heretofore adopted, which advertisement shall not be lose than ten days in the official newspaper published in the City of Fort Collins, and all bids received under said advertisement shall be submitted to the City Council for pproval or rejection, and no contract shall be awarded in excess of the City Engineerls estimate of the cost of said improvements After the contract is awa rded for construction the City Council shall require a bond for the faithful performance of the same of not less than the full 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 charms, control and superlision of the City Engineer, whose decision dh 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 tba reto When said contract is awarded it shall contain a clause to the offset that it it subject to the provisions of the chart-r and of the laws under which the City of Fort Collins exists and of this ordinance, and the provisions of Ordinance No 7, 1921, relating to local public improvements, as amended by Ordinance No 9, 19266 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 improvements, that the improvements are not being constructed in accord nee 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 6_ awarded it shall also contain a provision as to the manner of payment - whether 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 which may be made by any person or persons for the construction of said improvements, and wben 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 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 Works and the City Engineer, acting for said city Section 10 When the said public improvements in Combined Alley Improvement District No 7 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 late or tracts of land abutting upon said Combined Alley Improvement District No 7 in proportion as the frontage and area of each lot or tract of land is to the frontage and area of all the lots or tracts of land so improvad, 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 In the event that the contractor shall be paid in bonds, than for the purpose of paying for engineering and other clerical expenses and the cost of inspection, upon the apprmval of the City Co mcil, the Commissioner of Safety and Ex-Officio Mayor is authorised to advertise for not less than ten days in the for official newspaper of said city and sell sufficient of said bond to Paz/the engineering and other clerical expenses, including the cost of inspection, and in the event that the work is adered 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 erdinance No 7, 1921, as amended by Ordinance No 9, 1926 -7- Section 12 This ordinance shall be irrepealable until the indebtedness herein provided for, whenever the a ame shall be created, shall have been duly paid, satisfied and discharged 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 Article IV of the City Charter Introduced, read at length and adopted by the unanimous vote of all the members of the City Council this 18th day of May, A D 1926 Commissioner of Safet d Ex-Offi Mayor ATTEST City Clerk STATE OF COIARADO ) ) COUNTY OF LARIMER ) SS CITY OF FLIRT COLLINS ) I, A J ROSENOW, City Clerk of the City of Fort Collins do hereby certify and declare that the foregoing ordinance consisting of tnirteen (13) sections was duly proposed and read at length at a regalar meeting of the City Council held on the 15th day of May, A D 1926, and was duly adopted end ordered published in the Fort Collins Express-Courier, 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 Cjty Charter of the City of Fort Collins, and thereafter and on to-wit the day of 11�/ 1926, said ordinance No 45- - was duly published in the Fort Collis Express- Cou.rior, a daily newspaper published in the City of Fort Collins, Colorado IN WITNESS RE'OF, I have hereunto sat my hand and afi!�;ad the seal of said City this _Z4'g day of May, A D 1926 City Clark -g-