HomeMy WebLinkAbout014 - 05/08/1926 - RELATING TO THE CREATION OF SYLVAN COURT IMPROVEMENT DISTRICT NO. 22 (EMERGENCY ORDINANCE) ORDINAME NO , 19263,
BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF SYLVAN COURT IMPROWMENT
DISTRICT NO 22, PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN, AND
AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF COIB TRUCTION TERRIOF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MRT COLLINS
Section 1 That pursuant to a petition duly filed and presented to the
City Council on the 19th day of December, A D 1925, which said petition was
duly and regularly signed by the owners of more than one-third of the frontage in
the proposed district, as evidenced by a resolution of the City Council duly
passed and adopted on the 9th day of January, 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 emended by Ordinance No 9, 1926s to be known as Sylvan Court
Improvement District No 22, comprising all property abutting on Sylvan Court
from the North curb line of west Mountain Ave pie to the South property line of
Laporte Avenue, as follows Lots 1, 2, 30 4, 52, 61, 7, 8, 90 100 110 12, 132 14,
150 16, 1% 18, 19 and 20 in Sylvan Place Addition to the City of Fort Collins,
Colorado
Section 2 That the said petition prayed for the improvement of said
district by grading and paving the said street area, said street area to be
improved by paving to consist of plain concrete, the same as has already been
installed in alley improvement districts within the corporate limits of the
City of Fort Collins, which said petition was 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, 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 $4613 93, which amount indludes the cost to be assessed against the
property owners for paving of said street area, all to be assessed against the
gapers of lots and lands in said district abutting upon said improvements, when
completed and accepted, in accordance with the provisions of Sections 7 and 8 of
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Ordinance No 7, 19212 as amended by Ordinance No 9, 19264'
Section 3 That pursuant to the requirements of the resolution of the
City Council duly adopted on the 3rd deg 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 Empress-Courier, a daily newspaper of general circulation in the
City of Port 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 n mber of installments and the time in %hick the cost would be
payable, the rate of interest on the unpaid and deferred installments, the extent of
the district improved, together with probable cost per front foot as shows by the
estimate of the City Engineer, and to the further effect that on the 8th day of
May, A D 1926, at eight o'clock A M in the C6ancil Chamber in the City Hall
of the City of Port Collins, the City Council would 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 hear complaints at said meeting
held on the 8th day of May, A D 1926, and that no complaints in writing
concerning the proposed improvements had than 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 law 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 Sytvan Court
Improvement District No 22 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 Port Collins are hereby authorized to be issued by the
Commissioner of Finance and Ex-Officio Treasurer of the City of Port 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,
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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 Sylvan Court Improvement District No 22 of the City
of Fort Collins, 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 (5%) per cent per annum, payable semt.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
77--Ko ��Zoo o®
In denominations of C&M hundred ($ ) dollars each Each of said bonds shall
be subscribed by the Commissioner of Safety and Ez-Officio Mayor, countersigned by
the Commissioner of Finance and Ex-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 Sylvan Court Improvement District No 22, 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 Z '/ inclusive, and
shall be redeemable consecutively, according to number and to the order of issuance
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 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.
3-
UNITED STATES OF AMERIC
STATE OF COLORADO
CITY OF FORT COLLINS
SYLVAN COURT IMPROVEMENT DISTRICT NO 22
No
The City of Fort Collins, in the County of Larimer, and State of Colorado,
for value 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 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 %VII of the
City Charter, passed and adopted April 6, 1920, and Ordinance No 7, 1921, relating
to local public improvements, as amended by Ordinance No 90 1926, with interest
thereon from date until payment at the rate of five per cent per a==, payabl e
semi-aw=lly 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 annaz9d coupons as they severally
become due
This bond is, issued for the purpose of paying the cost of the local
improvement in Sylvan Court Improvement District No 22, by virtue of and in full
conformity with the amendment to Section 1 of Article %VII of the City Charter,
passed and adopted April 6, 1920, and Ordinance No 7, 1921, relating to local
public improvements, as amended by Ordinance 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 C9111ns in said Sylvan Court Improvement District No 22,
especially benefitted by said improvements, and the 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 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 h-retofore
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 recited that the total issue of bonds of said city for said district,
inlcuding this bond, does not exceed the estimate of the City Engineer, and the
contract price for said improvements, nor the amount authorised by law* and it is
further certified and r=cited that every requirementr of law relating to the
creation of said Sylvan Court Improvement District No 222 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 Fort Collins has caused this bond
to be subscribed by its Commissioner of Safety and Er-Officio Mayor, countersigned
by its Commissioner of Finance and Ex-Offieio City Treasurer, and attested by its
City Clerk wader the seal of said city, and the interest coupons thereto attached to
be attested by the fee simile signature of the City Clerk as of the day of
19
Commissioner of Safety and Ea-Officio Mayor
Countersigned,
ATTEST
Commissioner of Finance and Ex-Offieio City Treasurer
City Clerk,
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(Form of Coupon)
No $
On the day of 19 the City of Fort Collins
Mill pay to the bearer Dollars in lawful money of the United
States, at the office of the City Treasurer of Fbrt Collins, Colorado, being six
months' interest on its local improvement bond dated 19.0
issued for the construction of the local improvements known as Sylvan Court
Improvement District No 22, F rovided this bond shall not have been heretofore paid
Attached to Bond No
City Clerk.
Section 7 The Commissioner of Finance and Es-Offioio Treasurer is hereby
authorised and directed to have printed a sufficient number of bonds of the denomination
remo ozoc ao
of boos hundred ($500mm) dollars each, numbered from 1 to -I / inclusive, as is
required to meet the estimated cost of said improvements as herein provided, and when
said bonds shall have been duly prepared, they shall be retained by the City Treasurer to
be issued and delivered from time to time as hereinbefore provided
Section 8 Tbenever considered prudent by the City Treasurer he is hereby
authorized and empowered, whenever funds may be in his hands to the credit of Sylvan
Court-Improvement District No 22, including six months$ 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 trirty 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 taking effect of this ordinance, the Commissioner of
Safety and Ex-Offieio 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 less than ten
days in the official newspaper published in the City of Fort Collins, and all bids
received vnder said advertisement shall be submitted to the City CoLnoil for approval
or rejection, and no contract shall be awarded in excess df the City Engineer's
estimate of the cost of said improvements After the contract is awarded 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
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control of the Commission( -)f Public Works and in the imrr' ate charge, control and
supervision of the City Engineer, whose decision 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 partiesthersto Men 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 the provisions of Ordinance No 7, 1921, relating to local
public improvements, as amended by Ordinance No 9, 1926, 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 accordance with the contract, t1a n 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 - whether the some shall be made in bonds
by the contractor
of the said district to be socepte¢/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 whicg may be made by any person or persons
for the construction of said improvements, and alien in the judgment of the City
Council it shall be deemed to the best interests of said City of Nbrt Collins, the
said City Council is hereby autborixed 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 Sylvan Court Improvement
District No 22 shall have been completed and the same approved by the City Engineer
and recomended for acceptance by said officer, and duly accepted by the City
Council of the City of Fort Collins, the cost tla roof shall be assessed upon the lots
or tracts of land abutting upon said Sylvan Court Improvement District No 22 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, which assessments when so reported by the City
Engineer and approved by the City Council shall be assessed against the property in
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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 paying 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
:ggvs to pay for the engineering and other clerical expenses 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,
uhich said bonds shall not bear interest to exosed five (5%) per cent per am mi 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 irrepealable until the indebtedness
herein provided for, whenever the same shall be created, shall have been duly paid,
satisfied and discharged as hdrein 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 8th day of May, A D 19269
ommisaior4r of $af and Ea.Of o Mayor
17/
ATTEST
City Clerk
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STATE of COLORADO )
COUNTY OF LARIMER ) SS
)
MITT OF FORT COLLINS )
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 8th day of May, A D 1926, and was
duly adopted and 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 City Charter of the City, of Fort Collins, and thereafter and on to-vA t
the day of . 1926, said Ordinance No
was duly published in the Fort Collins Express-Courier, 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 May, A D 1926
City Clerk.