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HomeMy WebLinkAbout034 - 11/03/1928 - RELATING TO THE CREATION OF REMINGTON STREET IMPROVEMENT DISTRICT NO. 37 (EMERGENCY ORDINANCE) ORDINANCE NO. 1928, BEING AN EMERGENCY ORDINANCE RELATIN= THE CREATION OF REMINGTON STREET IMPROVEMENT DISTRICT NO. 370 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 resolution of the City Council duly passed and adopted on the 29th day of September, A. D 1928, there is hereby created and organized an improvement district under and by virtue of the provisions of Ordinance No, 70 1921, relating to local public improvements, passed and adopted April 2, 1921, as amended by Ordinance No. 9, 1926, to be known as Remington Street Improvement District No. 37, com- prising Remington Street from Edwards Street to Pitkin Street, said district to include the blocks abutting on said street as follows , to-wit Blocks 17 and 18, Lake Park Addition to the City of Fort Collins, Colorado, Section 2. That the said resolution provided for the improvement of the said district by grading, graveling, and curbs and gutters where necessary, of the street area between curbs within the said district, said area to be improved by graveling to consist of four (4) inches of local gravel, the same as installed in Whedbee Street Improvement District No. 33, in tYs City of Fort Collins, Colorado , whieb- said resolution was passed and adopted under the provisions of Ordinance No. 7 , 1921, as amended by Ordinance No. 9, 1926, and that the plans and specifications, together with the map prepared by the City Engineer be and the same are hereby adapted as the map, plans and specifications for said district , and said work of con- struction of said improvements is hereby ordered to b e done in accordance therewith, as provided by law, together with the estimated cost of the constraction of said improvements amounting -1- to $1,214.14, the total frontage is 600 feet , the cost per front foot for gravel is $1,64856, coat per front foot for gutter $0,75, the estimated cost of a lot 50 feet by 140 feet where no gutter is to be constructed is $"82.43, the estimated cost of a lot 50 feet by 140 feet where gutter must be constructed is to $119.93, and which amount of $1,214.14 includes the cost/be assessed against the property owners for the improvement of the said district, and all to be assessed against the owners of lots and lands in said district abutting upon said improve- ments, when 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 29th day of September, A. D. 1928, 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 properly to be assessed and designated the kind of improvements proposed, the number of installments and the time in which the cost would be payable, the rate of interest on the unpaid and deferred installments, the extent of the district improved , together with the probable cost per front foot, as shown by the estimate of the City Engineer, and to the further effect that on the 3rd day of November, A. D. 19289 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 determine all complaints and obgections 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 -0- at said meeting held on the 3rd day of November, A. D. 1928, arA that no complaints in writing concerning the pr oposed improvements had them and these been filed with the City Clerk. Section 4 . The City Council finds that all the require- ments of the statute respecting 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 com- plied with in all respects , and it is hereby ordered that the improvement of Remington Street Improvement District No. 37 as provided for in the map, plans and specifications heretofore adopted by the City Council, and approved in this ordinance , b,e and they are 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 authorized to be issued by the Commissioner of Finance and Ex- Offieio 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 , anal in such form as may be approved by the City Council after submission by the Commissioner of Finance , said bonds shall bear the name ecr Remington Street Improvement District No. 37 of the City of Fort and Collins=/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 Tom/ Hundred (0 "'2 o o � ) Dollars each. Each of said bonds shall be subscribed by the -3- t Commissioner of Saf ety and Ex-Of fieio 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, or the City Council, in its discretion, may sell said bonds to pay such cost in cash, as provided in Ordinance No 7 , 1921, as amended by Ordinance No 9, 1926. 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 Renington Street Improvement District No. 37, 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 one to S C ✓ e )'t 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 Engineer signed and approved by the Commissioner of Safety and Ex-Offieio Mayor, when said estimates have been duly audited and approved by the City Council and ordered paid. Al 1 of said bonds shall be absolutely due and payable ten (10) years from the date of issue, but shall be subject to call and payment at any time prior thereto, as provided in Ordinance No, 70 19210 relating to local public improvements , as amdnded by Ordinance No. 9, 1926. Pursuant to the power and authority contained in Section 29 of Ordinance No. 7 , 1921, relating to local public improvements , as amended by Ordinance No. 9, 1926, the payment of all the bonds issued in pursuance of this ordinance are hereby guaranteed by the City of Fort Collins. Section 6. Said bonds and the coupons attached thereto shall be in substantially the following form A 4 UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLINS REMINGTON STREET IMPROVEMENT DISTRICT NO. 37. No. . The City of Fort Collins, in the County of Larimer, ani State of Colorado, for value received, acknowledges itself indebted and hereby promises to -)ay to the bearer hereof, the Bum of Dollars in lawful money of the United States,, at the office o the City Treasurer of said City, on the day of 19 , subject to call and paymenT owever, at any time prior ereto,as provided in 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 Ordinance No. 9, 1926, with interest thereon from date until payment at the rate of five (5%) per cent per annum, payable semi-annually on the dot cf and the day of , a ie office of e City Treqsurer of the pity of Fort Collms, upon presentation andL surrender of the annexed coupons as they severally became due. This bond is issued for the purpose of paying the cost of the local improvement in Remington Street Improvement! District No 37 by virtue of and in full conformity vith 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 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 Collins in said Remington Street Improvement District No. 37 , especially benefitted by said improvements, and the amount of the assessment 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 upon the 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 recited 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 slid improvements , nor the amount authorized by law, and it is further hereby certified and recited that every requirement of law relating to the creation of said Remington Street Improvement District No. 37, 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 eausea this bond to be subscribed by its Commissioner of Safety aryl Ex-Officio Mayor, countersigned by its Commissioner of Finance and Ex-Officio City Treasurer, and gLttested by its City Clerk under the -5- seal of said City, and the interest coupons thereto attached, to be attested by the fae simile signature of the City Clerk as of the day of , 19 Commissioner of Safety andL Ex-Officio Mpyore COUNTERSIGNED Commissinner of Finance and Ex-Officio City Treasurer. ATTEST City (;Ierk* (Form of Coupon) No. On the day of , 19 , the 7-1 y of Fort Collins wT pay to the bearer Dollars in lawful money of the United States,, at the office cr tle City Treasurer of Fort Collins, Colorado, being six months ' interest on its local improvement bond dated , 19 •, issued for the construction of the local improvements known as Remington Street Improvement District No. 37, provided this bond shall not have been heretofore paid. Attached to Bond No. i y (;Ierk* Section 7, The Commissioner of Finance and. Ex-Officio City Treasurer is hereby authorized and directed to have printed a sufficient number of bonds of the denomination of T'y/ c Hundred u U ( o2 v o ) Dollars each, numbered from 1 to -..7z- inclusive, as is required to meet the estimated coat 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. Whenever considered prudent by the City Treasurer he is hereby authorized and empowered, whenever funds may be in his hands to the or-dit of Remington Street Improvement District No. 37 , 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 , azA -6- 6 at the expiration of thirty 130) 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 30 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-Officio Mayor is hereby authorized and empowered to advertise for bids for the construction of said improvements in accordance with the map, plans and specificatiors heretofore adoptdd, which said advertisement shall not be for less than ten (10) 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 the 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 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 parties thereto. When 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 payment shall not exceed the estimate of the City Engineer and the amount appropriated, and that upon ten (10) -7- I days notice the work under said contract , without cost or claam against the City of Fort Collins may be suspended for substantial cause and upon complaint of any owner of real estate to be assedsed 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 f-nal. When said contract is awarded it shall also contain a provision as to the manner of payment - whether the sam shall be made in bonds of the said district to be accepted by the oaftbraetor 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 when in the judgment of the City Council it shall be deemed to the best interest of the 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, super- vision and control of the Commissioner of Public Works and the City Engineer acting for said city. Section 10, When the said public improvements in Remington Street Improvement Dastrict No. 37 shall have been com- pleted 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 all the real estate in said district as the frontage of each piece of real estate in said district is to the frontage of all the real estate in the said district , which said assessments when made and reported by the City Engineer and approved by the City* Council, shall be assessed against the property in said Remington Street Improvement District No. 37 by an ordinance to be adopted as -8- provided by Ordinance No 7 , 1921, as amended by Ordinance No. 9, 1926, Section 11, This ordinance shall be irrepealable until the indebtedness herein prcvided for, whenever the same shall be created shall have been duly paid, satisfied and discharged as herein provided. Section 12. 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. Introauced, read at length and adopted by the unanimous vote of all the members of the City Council this 3rd day of November, A. D. 192B * ommissio er 43afgety iei or. ATTEST i y Clerk* STATE OF COLORADO ) ) SS. COUNTY OF LARIPJEu ) I, A. J. ROSENOW, City Clerk of the City of Fort Collins, do hereby certify and declare that the foregoing ordinance consisting of twelve (12) sections was duly proposed and read at length at a regular meeting of the City Council held on the 3rd day of November, A. D. 1928, and was duly adopted and ordered published in the Fort Collins Express- Courier, a daily newspaper and the official newspaper of the City d Fort Collins, by theunanimous 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 d Fort Collins, and thereafter and on to-wit the ytr�.t� day of Iveven, 6e1; 1928, said Ordinance No. 014 was duly published n the Fort Collins Express-Courier, a daily newspaper published in the City of Fort Collins, Colorado. IN WITNESS WHEREOF* have hereunto set my hand and affixed the seal of said City this day of November . D. 11289 city er . -9-