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HomeMy WebLinkAbout023 - 07/20/1925 - RELATING TO THE CREATION OF ALLEY IMPROVEMENT DISTRICT NO. 6 (EMERGENCY ORDINANCE) ORDINANCE NO. , 1925 BEING AN MrRGENCY ORDINANCT IRLPTING TO TM, CR3ATION OF ALLY I?.IPROWWTNT DISTRICT NO. 6, PROVIDING FOR THE CONSTRUCTION OF IVPROV!%MENTS M..RF,IN, AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THT COST OF CONSTRUCTION THTREOF. BE IT OFDAINED BY TH, CITY COU".CIL OF THE; CITY OF FORT COLLINS: Section 1. That pursuant to a resolution of the City Council duly passed and adopted on the 23rd day of ?: ay, A. D. 1925, there is hereby creatad and orgenizad 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, to be knom as Alley Improvement District No. 6, ='prising the alley connecting Linden Street and College Avenue, and the alley extending from the allay connecting Linden Street and Collage Avenue, to Talnut Street, in Block 18, in the City of Fort Collins, Colorado. i S3etion `2. That the said resolution provided for the improvement of said distr?a, by grading and paving; paving to consist of one-course six inch ncrete co , sa.,e as installed in other alley paving districts throughout the City, wlYch said resolution was passed and adopted under the provisions of Ordinance No. 7, 1921, and that the plans and spe cificatiens, 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 $4072.79, which amount includes the cost to be assessed against the property owners for grading and paving of the alley area, all to be assessed against the owners of lots an; lands in said district abutting upon said improvements, when comrlsted and accepted, in accordance with the provisions of Secticns 7 and 8 of Ordinance No. 7, 1921. Section 3. That pursuant to the ragciremants of the resolution of the City Council duly adopted on the first day of Jura, A. D. 1925, due notice was given to the owners of property to be assessed, by due and lawful publication in the Fort Co ]'lins Express-Courier, a daily newspaYar of general circulaticn in the City of Fort Collins, for a ariod as rs aired by law, as -1- 1 shorn by the proof of publication on file in the office of the City Clerk, W ich said notice was to the owners of the property to be assessed, and designated the kind of improvements proposed, the number of installments and the time in which the cost w7ald be payable, the rate of interest on the unpaid and deferred installments, the extent of the district improved, together with the probable cost . r front foot as si'omn by the estimate of the City ?nginesr, and to the further effect that on the llth day of July, A. D. 1925, at eight o'clock A. M., in the Council Chamber in the City Hall of the City of Fort 'tollins, the City Council would 'rear and consider all complaints and ob�sctions 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 llth day of July, A. D. 1925, and that no complaints mn writing concerning the proposed improvements had then and ther been filed with the City Clerk. Section 4. The City Council finds that all the requirements of the statute respecting the pstiticn for said improvements and the resolutions and notices requird by law to be given in respect thereto befors the adoption of an ordinance ordering said improvements have been observed and complied with in a;l respects; and it is hereby ordered that the improvement of Alley Improvement District No. 6 as provided for in the map, plans and specifications heretofore adopted by the City Council and approved in this ord.inance, be and is hsrsby 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 authorized to be issued by the Commissioner of Finance and Ex-Officio Treasurer of the City of Fort Collins, which said bonds sha'_lbear 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. 6 of the City of Fort Collins, and shall be payable in twenty (20) annual installments, five per cant (5p) thereof payable in each and every year during -2- said period, and shL bear interest at the rate of i e per cent (50) 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 five hundred ($500.00) Dollars each. Each of said bonds shall be sLbscribed by the Commissioner of Safety and Ex-Officio Mayor, countersigned by the Co=missiorsr of Finance and Ex-Officio City Treasurer, and attested by the City Clark with the corporate seal of the City and registered with the City Treasurer, and shall be deliv-2red from time to time as required for the payment of the vxrk herein provided. Said bonds shall be redeemable out of the coneys collected on account of the as esscents made for said imL-rcverrer.ts; all mor.sys collected from said assessments or from the sale of bonds for said improvements shall be credited to Alley Inprovsment District No. 6, and the funds so collact^d 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 9 inclusive, and Shall be redeemable consecutively, according to number and in the order of issuance. Said bonds shall only be issued and delivered by the City Treasurer on estimates and order of the City Engines=r signed and approved by the Commissioner of Safety and Ex-Officic Mayor, when said estimatas 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. Pursuant to the pourer and authority contained in Sections 29 of Ordinance No. 7, 1921, the payment of all the bonds 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; UNITED STATES OF ANERICA STATE OF COLOF.ADO CITY OF FORT COLLINS ALLEY I7TROVT_VENT DISTRICT NO. 6 No. The City of Fort Collins, in the County of Larimsr, and State of Colorado, for value r=ceived, 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 tine -3- lay of , 19 subject w call and payment, however, at any time prior th=reto, asprovided in the amendment of Section 1 of Article XVII of the City Charter, passed and adopts! April 6, 1920, and Ordinance No. 7, 1921, relating to local public improvements, with interest th�3reon from date rntil rayment at the rate of five per cent 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 s=verally b=come due. This bond is issued for the purpose of paying the cost of the local Improvement in Alley Improvement District No. 6 by virtus of and in full conformity with the amendment to Section 1 of Article XVII of the City Charter , pas ed and adopted April 6, 1920, and Ordinance No. 7, 1921 relating to local public improvements. This bond is payable out of the proceads and special assessments to be levied upon the real property situate in the City of Fort Collins in said Alley Improvement District No. 6, especially bensfitt,d by said improvements, and the amount of the assessments so to be made upon the rsal estate in said d.isttict for the payment thereof with accrued interest is a lien upon the said real estate in the reapeetive amounts to be apportioned to said real estate and to be assessed by an ordinancs 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 an! recited that the total issue of bonds of said city for said district, including t` is bond, does not exceed the estimate of the City Engineer, x d tha contract p rice f6r said improvements, nor the amount authorized by law; and it is further mortified and recited that every requirement of law relating to the creation of said Alley Improvement District No. 6, 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 bs done precedent to and in the issuance of this bond to rander tlaa same lawful and valid, have happened, and bean proparly done and performed, and aid exist in regular and clue time, form and manner as required by law. In T38timony Whereof, The said City of Fort Collins has caused this bond to be subscribed b$ its Commissioner of Safety and Ex,-Officio Mayor, coantarsignad by its Commissioner of Finance and Ex-Officio City Trsasurer, and attested by its City Clerk under the sial of said city, and the interest coupons #hereto attached to be attested by the fac simile signatur3 of the City Clerk as of the day of 19 Commissioner of Safety and x-Officio Mayor Countarsignad: Commissioner of Finance and 3x-Offieio City ATTEST: Treasurer 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 IInited Stgtas, at the office of the City Treasurer of Fort Collins, Colorado, being six months' interest on its local improvement bond dated , 19 , issued for the constructioh of th3 local improvament '::ncwn as Alley Improvement District 'To. 6, proviiad this bond shall not have been heretofors paid. Attached to Bond No. City Clerk. -4- Section 7. The Commissioner of Finance and Fx-Officio Treasurer is hereby authorized and dir3ctadto have printed a sufficient number of bonds of the denomination of five hundred ($500.00) dollars each, numbered from 1 to 9 inclusive, as is required to meet the estimated cost of s-_id L-prov3ments as herein ,rovidsd, and when said bonds shall have b ,an duly prepared, they shall be retained by the City Treasurer to be issued and delivered from time to time as her3inbefors provided. Section S. *ansver the City Treasurer has funds in his hands to the credit of Alley Improvament District No. 6, including six months' interest on the unpaid principal, ne shall by advertisement once a weak for three consecutive waaks, in the official nswspe.par of said City call in a w-,.itable number of said bonds of said district for payment, and at the -expiration of thirty (30) days from the first publication of such notice, interest on to bonds so called steal_ cease. The notice shay_ 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 Conmissi=ar of Safety and Ex-Officio Mayor, is he r3by authorized and snij�owared to advertise for bids for the construction of said improvements in accordance with the map, plans and specifications heretofore adoptdd, which advertisement shall rot be less than ten days in the official newspaper published in the City of Fort Collins, and all bids r3csited under said advertisement shall be submitted to the City Council for approval or rejection, end no contract shall be awarded in excess of the City 7nginaer's estimate of the cost of said improvements. After the contract is awarded for construction the City Council shall rewire a bond for the faithful performance of the same of not less than the full contract Arica, with sufficient surety or sureties to be approved by the Co m.issioner of Safety and Ex-Officio Mayor, and the work of construction whsn so awarded under sari contract shall be under the general control of the Comnissi ner of Public Works and in the imr^ediat3 charge, control and supervision of the City '-nginasr, 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 parties h3reto. When said contract is -5- 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, 1321, relating to local public improvements; and that th3 agreed payments shall not sxcead the estimate of the City Engineer and the amount appropriated, and that upon ten (10) days' notice, the work under said contrr:^t, without cost or clad,= against the City of Fort Collins, may be waspended for substantial cause and apon complaint of any cwnar of real estate to be assessed for the improv-3ments 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. %ion said contract is awarded it shall contain a clause to the sf-act that the contract price shall be paid in bonds of the said district, to be accepted at par. The City Council shall have the right to raject any and all bids which may bs --ads by any person or persons for the construction of said improvements, and whan in the judgm3nt of the City Council it shall be deemed to the best interssts of said City of Fort Collins, the said City Council is hereby agthorized and empowered to provide for doing such work by hiring parties by the day and to arrange for purchasing tha necessary materials to do such work under the direction, supervision and control Of the Commissioner of Public Ncrks and the City Enginasr, acting for said city. Section 10. ix�hsn the said public improvements in Alley Improvement District No. 6 shall have been completed and the same approved by the City Engineer and rec=nanded 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. 6 in proportion as the frontage of each lot or tract of land is "aich to the frontage of all the lots or tracts of land so improved,_I . . assessments v en so reported by the City Engin�ar and approved by the City Council shall be assessed against the property in said improvement district by an ordinance to be adopted as rrovided by lwv. _6_ Section 1_ . For the purpose of paying for _,iginaering and other clerical expens3s and the cost of inspection,upon the approval of the City Council, the Commissioner of Safety and 7x-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 at not less than par, to pay the engineering and other clerical axpansas, including the cost of inspection, and in the event that the work is ordered to be done by the Cover ssiora r of Public tnorks by day labor, may sell the entire bond issue at not less than par, , which said bonds shall not Lear int-crest to 3xceed five (5o) per cant par annum to be paid semi annuall;v, evidenced by coupons bearing the fac simile signature of the City !'1erk, all in accordance with Section 27 of Ordinance No. 7, 1921. Section 12. This ordinance shall be irrepealabls until the indebtedness herein provided for, whenav r the same shall be created, shall have been fully 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 1n Suctions 6 and 7 of Article I9 of the City Charter. Introduced, read at length and adopted by the unanimous vote of all z� the members of the City Council this lath day of July, A. D. 1925. Co nissioner of Safe end Fx-Offi io Mayor A: ^BT: ity Clark. -7- 7TATT OF COLORArO ) SS. COUNTY OF LARIP.'sR ) I, A. J. ROSE1Mt9, City Clerk of the City of Fort Collins, do hereby certify and declare the forsgoing ordinance consisting of/ thirteen (13) sections was duly proposed and read at l-ngth at a reg-lar meeting of the City Council held on the �day of � A. D. 1925, and vvas duly adopted and ordered published in the Fort Collins Express-Courier, a dail.- newspaper, and the official newspaper of the City of Fort Collins, by the unanimous vote of all the sembare of the City Council, as an emergency ordinance in accordance vdth the provisions of Sections 6 and 7 of Article I4 of the City Charter cf the City of Fort Collins, and thereafter and on to-wit: the .?2 4day of C!• �. 1925, said Ordinance No. �� was duly published in the Fort Collins Express-Courier, a daily newspaper published in the City of Fort Collins, Colorado. IN rITNESS MRREOF I have hereunto set my hand and affixed the seal of said City this day of A. D. 1925. City Clerk.