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HomeMy WebLinkAbout022 - 08/25/1928 - RELATING TO THE CREATION OF PLUM AND PETERSON STREETS IMPROVEMENT DISTRICT NO. 35 (EMERGENCY ORDINAN 7 ORDIITANCE NO. ?� '✓, 1928 , BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF PLUM AND PEfiERSON STREETS 121PROVENiENT DISTRICT ITO. 35, IN THE CITY OF FORT COLLINS, PROVIDING FOR THE CONSTRUCTION OF IMPROVE&TENTS THEREIN, AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF COiTSTRJCTION THEREOF. BE IT ORICAINED BY THE CITY COUNCIL OF THE CITY OF FORT COL T.INS: Section 1. That pursuant to a petition duly filed and presented to the City Council on the 30th day of June , A. D. 1928 , 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 7th day of July, A. D. 1928 , 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 amended by Ordinance No. 9, 1926, to be known as Plum and Peterson Streets Improvement District No. 35, comprising the lots and blocks and lands abutting on said streets,as follows , to-wit : Blocks 157, 158, 159 , 148 and 149 and al-so a portion of Block 147 to be assessed for street intersection as provided in Ordinance No. 7, 1921, all in the City of Fort Collins, Colorado, being Plum Street from the West property line of INhedbee Street to the West property line of Peterson Street , and Peterson Street from the South property line of Plum Street to the North property line of Elizabeth Street . Section 2. That the said petition prayed for the improvement of the laid district by grading, gsattering, curbing, graveling, and draining where necessary, of the street areas in said proposed district for a disca.nee of approxirately sixty (60) feet between curbs , said street areas to be graveled with four (4) inches of local gravel; which said petition was made and filed under the provisions of Ordinance No. 7, 1921, as amended -1- 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 adopted as the map, plans and specifications for said district, and said work of constraction of said improvements is hereby ordered to be done in accordance therewith, as provided by law, together with the estimated cost of the eonttruction of said improvements amounting to $7,557.78; the cost per front foot is $2.81; the cost per front foot for street intersections is $0.25; the cost per front foot for alley intersections is $0.11; the cost of the City 's share of street intersections is $792.85; the cost of a lot 50 feet by 140 feet is as follows : Frontage $140.72 Intersections 12. 56 Alley 5.43 ��l:)8.71, and which amount of $7,557.78 includes the cost to 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 improvements, 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 14th day of July, A. D. 1928, due notice was given to the owners of property to be assessed , by due and lawful publication in the Fort Collins Ex_iress-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 ati 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 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 _2.. the City Engineer, and to the further effect that on the 18th day of August, A. D. 1928, at eight o 'clock in the forenoon, in the Council Chamber in the City gall of the City of Fort Collins , the City Council would hear and determine 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 18th day of August , A. D. 1928, 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 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 Plum and Peterson Streets Improvement District No. 35 as provided for in the map, plans and specifications heretofore adopted by the City Council, and approved in this ordinance , be 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, 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 Plum and Peterson Streets Improvement District No. 35 of the City of Fort Collins , and shall be payable in ten (10) -3- .a annual installments , ten (10%) 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 /:_� ,,e Hundred. ($ ,�oc) \ ) Dollars each. Each of said bonds shall_ be subscribed by the Commissioner of Safety and Ex-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 rewired 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 Plum and Peterson Streets Improvement District No . 35, and the funds so collected shall only be used for the 1*yment of the work of construction of said improvements and the interest thereon. Said bonds shall be numbered from 1 to / /':�' 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 Magineer 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 ten (10) 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 -4- or,: iriai ce is hereby guaranteed by t;, e 0ity of Fort Collins . Section 6. Said bonds and the coupons attached thereto shall be in substantially the following form: UNITED STATES OF AMERIBA STATE OF COLORADO CITY OF FORT COLLINS PLUM AND PETERSON STREEMS Il,:PRCVEP;=ENT DISTRICT NO. 35. 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 City Treasurer of said City, on the day of is) , subject to e-a11 and payment , however , at any ime prior there, as provided in the amendment of Section I 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 day of , 19 , and the day of , 19 , FY-Me—of fife of the=y Treasurer o7 the City of _ or 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 Plum and Peterson Streets Improvement District No. 35, 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 Ordinance No. 9, 1926. This bond is payable out of the proceeds and special assessments to be levied upon the real property sit -ate in the City of Fort Collins in said Plum and Peterson Streets Improvement District No. 35 , 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 heretofore issued by said City, and the lien of general tax$s, byt 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, doe+ot exceed the estimate of the City Engineer, and the contract price of 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 Plum and Peterson Streets Improvement Districet No. 35 , 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 reauiredte exist and all things required to be done pprecedent 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. -5- 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 eouprns thereto attached to be attested by the fac simile signature of the City Clerk as of the day of , 19 . Commissioner of Safety and Ex-Officio Mayor . COUNTERSIGNED: Commissioner of Finance and Ex-Officic y Treasurer. ATTEST: City Clerk. (Form of Coupon) No. On the day of , 19_, the Ci Fort Collins wi11 pay to the bearer Dollars in lawful money of the United States at the office of he City Treasurer of Fort Collins, Colorado, being six months ' interest on its local immrovement bond dated , 19 , issued for the construction of the local improvement .mown as Plum and Peterson Streets Improvement District No. 35, provided this bond shall not have been heretofore paid. Attached to Bond No. Ci y Clerk. Section 7. The Commissioner of Finance and Ex-Offiaie Treasurer is hereby authorized and directed to have printed a sufficient number of bonds of the denomination of �i k/e— Hundred ($ 5-o o ba) Dibllars each numbered from I to 16 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. Whenever considered prudent by the City Treasurer he is hereby authorized and empowered, whenev-r funds may be in his hands to the credit of Plum and Peterson Streets Improvement District l;o. 35, including six months ' interest on -6- .� 1y 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 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 the taking effect of this ordinance , the Commissioner of Safety and Ex-Offiaio 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 under said advertisement shall be submitted to the City Council for approval or rejection, and no co_itraet 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-Offieio Mayor, and the work of e onstruction when so awarded under said contract shall be under the gene-ral control of the Commissioner of Public Works and in the immediate charge, control and supervision of the City Engineer, whose deeison in all matters of dispute respecting compliance with this ordinance, and the contract made thereunder. and the plans and specifications sha _1 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 -7- Y I-, 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) day notice the work under eaid 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, then the City Council may consider the complaint and make such order as may be just , and the decision shall be final. when said contract is 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 monyy, 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 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 *aterials 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 Plum and Peterson Streets Improvement District No. 35 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 -8- shall be assessed upon the lots or tracts of land abutting upon said Plum and Peterson Streets Improvement District No. 35 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 said improvement district by an ordinance to be adopted as provided by law. Section. 11. in the event that the eontracrtor 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 Pdayor is authorized to advertise for not less than ten days in the official newspaper of said city , and sell sufficient of said bonds to pay for the engineering and other clerical ejqianse , 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 , 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 Ordinance No. 7, 1921, as amended by Ordinance No. 9, 1926. Section 12. This ordinance shall be irrepealable until the indebtecness 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 mid safety, and this ordinance shall take effect upon its passage -9- and publication, under and by virtue of the authority contairned in Sections 6 and 7 of Article IV of the City Charteb. Introduced, read at length and adopted by the unanimous vote of all the members of the City Council this 19s th day g of August , A. D. 1928. Conlmissilzner of Saf and Ex-Of icio Mayor.ATTEST : City Clerk. STATE OF COLORADO ) SS. COUNTY OF LARTM M ) I, A. J. MSM?0111, City Clerk of the City of Fort Collins, do he_°eby certify and declare that the foregoing, ord1nance consisting of thirteen (13 ) sections was duly proposed and road at ngth at a regular meeting of the City Council held on the 70th day of August, 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 of Fort Collins by the unanimous vote of all the members of the City Council, as an emergency ordinance in accordance with the pilovisions of Sections 6 and 7 of Article IV of the City Charter , of,-the City of Fort Collins , and thereafter and on to-vait : the . &'eday of August , A. D. 1928, said Ordinance No . '2 y was duly published in the Fort Collins Expr-ss-Courier , a ai v newspaper published in the City of Fort Collins , Colorado . IN WITUESS ME-EREOF, I have hWeunto set my hand and affixed the seal of said City , this a84 "day of August , A. D. 1928. city CIME. - -10-