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HomeMy WebLinkAbout011 - 04/18/1925 - RELATING TO THE CREATION OF LAPORTE AVENUE IMPROVEMENT DISTRICT NO. 20 (EMERGENCY ORDINANCE) I I� I II ORDINANCE NO , 1925, BEING AN El RGFNCY ORDINANCE RELATING X THE CREATION OF LAPORTT AVENUP �IIMPROVTMENT DISTRICT NO 20, PROVIDING FOR THE CONSTRUCTION OF ITTROVFrMNTS THEREIN, AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COgT OF COIZ TRUCTION THEREOF II BE IT ORDAIND B ORDAINED THE CITY COUNCIL OF THP CITY OF FORT COLLINS I � Section 1 That pursuant to a petition duly filed and presented to the City Council on the 14th day of November, A D 1924, which said petition was duly and regularly signed by the owners of more than one-third �I of the frontage in the proposed district, as evidenced by a resolution of IIthe City Council duly passed and adopted on the 22nd day of November, A D 4 1924, there is hereby created and organized an improvement district undar and by virtue of the provisions of Ordinance No 7, 1921, relating to i local public improvements, passed and adopted April 2, 1921, to be known as I Laporte Avsnus Improvement District No 20, comprising all lots and blocks if t fronting on Laporte Avenue, or abutting thereon, from the intersection of � IILaporte Avenue with the west property line of Howes Street to the inter- section of the south property line of Laporte Avenue with the east property line of Shields Street, said district to include the lots and blocks 1 abutting on said Laporte Avenue as follows Blocks 41, 42, 51, 52, 61, 62, II and 272, 282, 292, 2712 281, 292 in Loomis Addition to the City of Fort j I Collins, and Blocks 302, 312 and 322 Capitol Hill Addition to the City of j Fort Collins, Morger-Smith Subdivision, and all that body of land lying j I� Ifbetween Washington Avenue and Mack Street, abutting on said Laporte II Avenue not subdivided into lots and blocks, all in the City of Fort Collins, Colorado Section 2 That the said petition prayed for the improvement of said district by grading, paving, curbing and guttering to consist of reinforced concrete paving, otnerNise known and described as one-course, reinforced concrete cement, the same as installed in other paving districts -1- �I � iI f throughout the unity, and curbing and guttering , the same manner as west �I Moantain Avenue Improvement District No 8, 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 theresith, as provided by law, together with the estimated cost of the construction of said improvements amounting to $98,074 08, of (I which amount $10,253 37 is estimated to be assessed against tie City of Fort Collins as one-half of the coat of street intersections, which amount (exclusive of the amount estimated to be assessed against the said City) includes the cost to be assessed against the property owners for paving of the street area, and curbing and guttering, all to be assessed against the owners 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 Ordinance No 7, 1921 Section 3 That pursuant to the requirements of the resolution of the City Council duly adopted on the 14th day of March, A D 1925, 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 reeuired by law, as shown by the proof of publication on file in the office of the l City Clerk, which said notice was to the owners of the property to be II assessed and designated the kind of improvements proposed, the number of i ' installments and the time in Nhich the cost would be payable, the ra*e of interest on the unpaid and deferred installments, the extent of the district improved, together with the probablLo cost per front foot as shown by the estimate of the City Engineer, and to the further effect that on the 18th day of April, A D 1925, 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 complaints and objections that might be made -2- I I f 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 18th day of April, A D 1925, 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 petition for said improvements and the resolutions and notices required by law to be given in respect thereto hefore 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 Laporte Avenue Improvement District No 20 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 Por 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 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 Laporte Avenue Improvement District No 20 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 siX6e) er cent per annum,jayable 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 oo) dollars each Each of said bonds shall be subscribsd countersigned by the Commissioner of Finance and Ex-Officio City Treasurer, by the Commissioner of Safety and Ex-Officio Mayor6 and attested by the City Clerk with the corporat6 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 I 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 Laporte Avenue Improvemett District No 20, 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 nunbered from 1 to / 9 7 lnelusive, and shall be redeemable consecutively, acwording 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 Engine=r signed and approved by the Commission er 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 Pursuant to the power and authority contained in Section 29 of Ordinance No 7, 1921, the payment of all the bonds issued in virtue of this ordinance is berPby guaranteed by the City of Fort Collins Section 6 Said bonds and the coupons attaciled thereto shall be in substantially the following form UNITFD STATCS OF A11TRICA STATF OF COLORADO CITY OF FORT COLLINS LAPORTL AVENUE IMPROVEMENT DISTRICT NO 20 No The City of Fort Collins, in the County of Larimer, and State of Colorado, for value receited, acknowledges itself indebted and hereby pro- mises 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 dqy of , 19 , subject to call and payment, however, at any time prior thereto, as provided in the amendment of Sectior 1 of Article XVII of tl*e City Charter, passed and adopted April 6, 1920, and Ordinance No 7, 1921, r-lating to local public improvements, with interest thereon from date until payment at the rate of six per cent per annum, payable semi-annually, on the day of and the day of , at the office of the City Treasurer of -4- i The City of For ti Collins, upon presentation and arrander 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 Laporte Avenue Improvement District No 20, 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 This bond is paya^le out of the pro- ceeds and special as^essments to be levied upon the real property situate in tna City of Fort Collins in said Laporte Avenue Improvement District No 20, especially benefitted by said improvements, and th3 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 r3al 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 decited that the total issue of bonds of said city for said district, including this bond, does not exceed the estimate of the City Engineer, and the contract price for said improvements, nor the amount authorized by law, and it is further certified and recited that every requirement of law relating to the creation of said 1 Laporte Avenue Improvement District No 20, the making of said local improvement and the issuance of this bond, has been fully complied with by the propsr offic-re of said city, and that all conditions rPgaired to axist 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 lax In Testimony Whereof, The said City of Fort 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 Clerk under 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 f 19 ommiss oner of Safe and Ex-Of o Mayor Countersigned ATTEST Commissioner of Finance and Ex-Officio City Treasurer City Clerk � (Form of Coupon) No $ II Om 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 monthst interest on its local improvement bond dated 19 , issued for the construction of the local improvement known as Laporte Avenue Improvement District No 20, provided this bond I shall not have been heretofore paid I� Attached to Bond No Cit Clerk Section 7 The Commissioner of Finance and Ex-OfficioPreasurer is hereby authorized and dir-cted to have printed a sufficient number of bonds of the denomination of five hundred ($500 oo) dollars each, numbered from 4 1 to -LI-L inclusive, as is required to meet the estimated cost of said Improvements as herein provided, and when said bonds shall have been -5- duly prepared, they shall be retained by the City Treasur-r to be issued and ICI delivsred from time to time as hereinbefore provided Section 8 Thenever considered prudent by the City Treasurer he is hereby autnorized and empowered, whenev-r funds may be in his hands to the credit of Laporte Avenue Improvement Distriet,No 20, including six months' interest on the unpaid principal, to advertise once a week for i three consecutive wesks ile the official newspaper of said City, and call in a auitable number of bonds of said district for payment, and at the expiration of thirty (30) days from the first publication interest on said bonds so called shall cease The notice shal$ specify the bonds so called by numb-r, and all said bonds so issued shall be called and paid in their numerical order Section 9 Upon the taping effect of this ordinance, the Commissioner of Safety and Ex-Officio Mayor, is hereby authorised and I empowered to advertise for bids for the construction of said improvements in accordance with the map, plans and specifications her-tofors adopted, virich advertisement shall not be less 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 approval or rejection, and no contract shall be awarded in excess of 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 control of the Commissioner of Public Works and in the immediate charge, control and s-.pervision of the City Engineer, whose decision in all matters of dispute respecting compliance with this ordinance and the contract made ther-under, and the plans and specifications shall be final and binding upon all parties hereto Vhen 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 -6- i City of Fort Co.L_�ns exists and of this ordinance, and the nrovisiors of Ordinance No 7, 1921, relating to local public improvements, and that the agreed payments shall not exceed the estimate of the City Engineer and the lamolant appropriated, and that upon ten (10) days' notice the work under said 1lcontract, without cost or claim against the City of Fort Collins, may be suspended for substantial cause and uuon 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 Coureil 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 contain a Ielause to the effect 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 reject any and all bids fhich may be made by any person or persons 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 smoowared to provide for doing such work by hiring parties by the d ay and to arrange for purchasing the necessary mat-rials to do such work under the direction, supervision and (control of the Commissioner of Public Works and the City Engineer, acting I�for said city Section 10 When the said public improvements in Laporte Avenue (Improvement District No 20 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 Co ncil of the City of Fort Collins, the cost thereof shall be assessed upon the lots or tracts of land abutting upon said Laporte jAvenue Improvement District No 20 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 raportsd 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. -7- I I Section 11 For the purpose of paying for engineering and- other clerical expenses and the cost of inspection upon the approval of the City ilCouncil, the Commissioner of Safety and Ex-Officio Mayor is autrorised to 111 advertise for not less than tan days in the official namspapsr of said city, and sell sufficient of daid bonds at not less than par, to pay the engineering and otn-r clerical expanses, including the cost of inspection, and in the event that the xork is orderad 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 ahall not bear interest to -exceed six (6%) per cent par annum to be paid semi-annually, evidenced by coupons bearing the fac simile signature I of the City Clerk, all in accordance with Section 27 of Ordinance No 7, 1921 Section 12 This ordinance shall be irrapealable until the indebtedness herein provided for, whenever 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 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 Intro3uced, read at length and adopted by the unanimous vote of all the members of the City Council this 18th day of April, A D 1925 I� Commissioner of S -y and E ficio Mayor ATTEST City Clark _f, I� STATE OF COLORADO ) SS COUNTY OF LARIMTP ) I, A J RO'PNOW, City Clerk of the City of Fort Collins, do hereby certify and declare t}a t 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 18th day of April, A D 1925, and was duly adopted and ordered publisl-Bd 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 Col.ncil, as an emergency ordinance in accordance with the provisions of Sections 6 and 7 {I of Article IV of the City Charter of the City of Fort Collins, and thereafter �1 and on to-wit the e�U�ay of 1925, said i Ordinance No �_ was duly published in the Fort Collins Express-Courier, i a daily newspaper published in the City of Fort Collins, Colorado IN WITNESS TFPRPOF, I have hereunto set my hand and affixed the seal of said City this o= day of April, A D 1925. City Clerk. t I