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HomeMy WebLinkAbout020 - 08/04/1928 - RELATING TO THE CREATION OF WALNUT, MOUNTAIN AND LINCOLN IMPROVEMENT DISTRICT NO. 32 (EMERGENCY ORDI 1 R 1928,ORDINANCE NO. BEIYIG AN EMERGENCY ORDINANCE RELA'TING-M-ME CREATION OF WALNUT, MOUNTAIN AND LINCOLN IMPROVEIt11ENT DISTRICT NO. 32, PROVIDING FOR THE CONSTRUCTION OF II:PROVE.MNTS THEREIN, AND AUT_'''ORIZING-THE ISSUANCE OF BONDS TO PAY THE COST OF CONSTRUCTION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF TIM CITY OF FORT COLLINS: Section 1. That pursuant to a petition duly filed and presented to the City Couna it on the 12th 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 12th day of June, 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 Walnut, Mountain and Lincoln Improvement District No. 32, comprising the lots and blocks and lands abutting on said streets, as follows, to-wit : Being Walnut Street , Mountain Avenue and Lincoln Avenue , from the present paving on Linden Street where Linden Street intersects Walnut Street , thence southeasterly to the intersection of Walnut Street , Mountain Avenue and Chesnut Street , thence East on East Mountain Avenue from the West property line of Mathews Street , which is the East end of the present pavement, to the soutIruest property line of Riverside Avenue and Jefferson Street extended, said line representing the southwest edge of the present pavement along Riverside Avenue and Jefferson Street , which includes all that unpaved portion of Mountain Avenue lying between the pavements now in place, and also Lincoln Avenue from the Northeast edge of the pavement on Jefferson Stre_!t and Riverside Avenue to the West end of the bridge across the Cache la P6udre River , in the City of -1- i Fort Collins, Colorado. Section 2. That the said petition prayed for the improvement of the sAid district by grading, paving, guttering , curbing and draining where necessary of the street areas in said proposed district for a width between curbs of a-2proxiaateiy seventy- six (76 ) feet on Ylalnut Street , a width between curbs on !,. ountain Avenue of one hundred eight (108) feet , being the same width as now installed on East Mountain Avenue , and for a width between curbs on Lincoln Avenue of thirty (30) feet to the Colorado and Southern Railway Company' s track, and for a width of twenty (20 ) feet from the Colorado and Southern Railway Company's track to the West end of tae brid e across the Cache la Foudre River , said street areas to be paved with reinforced concrete paving , the same as has already been installed in other permanent improvement districts within the corporate limits of the City of Fort Collins , Colorado; which said petition was made and filed 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 adopted as the map, plans and specifications for slid 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 constracti: n of said improvements amounting to $44,537.95; the cost to the City for one-half the intersections iss $4,967.57; these cots are divided in the following manner ; the total assessable frontage in the proposed district is 2509.69 feet and this is proportioned on the various streets. Walnut Street 621.34 feet, with a rate of $13 .20 per front foot ; East Mountain Avenue 1113.02 feet, having a rate of �18 .89 per front foot ; Lincoln Avenue in the thirty foot section, 629 feet , with a raze of 6..5. 50 per front foot ; Lincoln Avenue in the twenty foot section 146.33 feet , with a rate of $3.67 -ter front foot . The.,,alley in Block 19 has a frontage of -2- 1 { 231.34 feet and a rate of $0.90 per front foot ; the intersection frontage for the entire district is 3,193.43 feet, with a rate of $1.56 per front foot . A lot 50 feet by 140 feet on Walnut Street will have an estimated assessment of $782.86; East Mountain Avenue $1,022.15; on the thirty foot section of Lincoln Avenue $352.75 and in the twenty foot section of Lincoln Avenue $261.15; and which amount of $"44,537.95 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.. There have been adjustments on certain irregular lots in this proposed district. All irregular lots perpendicular to another street have been given a frontage on the improvement equal to the frontage on the street to which they are perpendicular except those lots which are in the point of a trim gular block. These trinagular lots have been given a frontage of one-third their distances as has also been done with that part of land lying south of Lincoln Avenue . These irregular lots are as follows: Lots 2, 30 4, 5 and 6 in Block 19 and Lots 17, 16 and 19 in Block 11 have been given an adjusted frontage of 25 feet on their sloping sides. Lot 1 in Block 19 and Lot 20 in Block 11 have been given one-third of their actual frontage and the frontage lying south and east and abutting on Lincoln Avenue between the Colorado and Southern right of way and the river has been given an assessable frontage of 61.33 feet. Section 3. That pursuant to the requirements of the resolution of the City Council duly adopted on the 30th day of June , 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 A { 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 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 the City Engineer, and to the farther effect that on the 4th day of August , A. D. 1928, at eight o'clock in the forenoon, in the Council Clamber is the City Hall 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 4th day of August , A. D. 1928, and that no complaints in writing concerning the proposed improvements had then and the( e been filed with the City Clerk.. Section 4. The City Counc it finds that all the require- ments 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 otxserved and complied with in all respects; and it is hereby ordered that the improvement of Walnut, Mountain and Lincoln Improvement. District No. 32 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 -4= 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 a ! 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 Cosine 1-1 after submission by the Commissioner of Finance; said bonds shall bear the name of Walnut, Mountain and Lincoln Improvement District No. 32 of the City of Fort Collins ; and shall be payable in twenty (20) annual installments, five (5%) per cent, thereof payable in each and every ,year during said period, and shall bear interest at the rate of ffin + a� v (4 `) per cent per annum, payable semi-annually, said interest to eedidenced b coupons attached to the y p principal bond and attested by the fac simile signature of the City Clerk, which said bonds shall be in denominations of /14:-. v e- Hundred (w* k-JDO \. ) Dollars each. Each of said bonds shall be subscribed by the Commissioner of Safety and Ex-Officio Mayor , countersigned by the Commissi :.ner 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 Walnut , Mountain and Lincoln Improvement District No. 32, 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 inclusive, and shall be redeemable consecutively accordd7�iingtd 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 -5- � 1 i f the Commissioner of Safety and Ex-Offioio Mayor, when said estimates have been duly audited and approved by Y the City Council and ordered paid. All of said bonds shall be aosolutely due and. sayable 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; UNITED STATES OF IMERICA STATE OF COLORADO CITY OF FORT COLLINS VIALNi7T, MOUNTAIN AND LINCOLN 11T,PP.OMIENT DISTRICT NO. 32. No. The City of Fort Collins, in the County of Larimer, and State of Colorado , for value received, acknowledges itself indebted and hereby progtises 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 ereto, as provided in the amendment of 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 four and three- quarters (4-3f4%) per cent per annum, payable semi-annually on the day of , 19 , and the day of , 1 at the o ice o e C y Treasurer of the Lily of For Cow 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 Walnut , Mountain and Lincoln Improvement District No. 32, by virtue of and in full conformity with the amendment to Section 1 of Article %VIZ 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. 99 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 Walnut, Mountain and Lincoln Improvement District No. 32, 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 -6- Y � 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 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 Walnut, Mountain and Lincoln Improvement District No. 32, the making of said local improvement and the issuance of this bond, has taeen fully complied with by the proper officers of said city, and that all co_:dit .ons required to exist and all things required to b e 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 , fo= and manner as required by law. In Testimony Whereof, The said City of Fort Collins has caused this bond to be subseribed by its Commissioner of Safety and Ex-afficio M yor, countersigned by its Commissioner of Finanne and Ex-Offieio 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 of , 19 Commissioner of Safety and Ex-Offieio A yor COUNTERSIGNED: ommissicner of Fiance and -Officio Ci y Treasurer. ATTEST : i y Ter (Form of Coupon) No. On the day of 19 , the CiT of Fort Collins will pay to the Tearer Dollars in lawful money of the United States 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 construction of the local improvement mown as Waln-uV;-2uSountain and Lincoln Improvement District No. 32, provided this bond shall not have been heretofore. paid. Attached to Bond No. city er . Section 7. The Commissioner of Finance and Ex-Officio Treasurer is hereby authorised and directed to have printed a sufficient number of bonds of the denomination of o0 Hundred ( V do ) Dollars each numbered from 1 to inclusive, as is required to meet the estimated cost of said improvements as herein provided , and when said bonds shall have been -7- 1 L ~ 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 credit of Walnut , Mountain and Lincoln Improvement District No. 32, 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 thirty days from the first publication, interest on said bonds so malled shell 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-Officio 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 contract shall be awarded in excess of the CityEngineer'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 1%yor, 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 su2ervision of the City Engineer, whose decision in all matters of dispute respecting compliance with -8- 1 i r this ordinance , an3 the contract made thereunder, and the plans and sbecifieations 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 payments shall not exceed the estimate of the City Engineer and the amount appropriated, and that u-)on 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 saner of real estate to be assessed for the improvements, that the improve- ments are not being constructed in accordance with the contract, then the City Council may consider the complaint and rake such obder as may be dust , and the decision shall be final. "When said contract is &,r;arded it shall also ccntain 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 t ;,e 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 stall 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 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. _q_ v V Section 10. When the said public improvements in Walnut , Mountain and Lincoln Improvenent District Tio. 32 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 shall be assessed upon the lots or tracts of land abutting upon said Walnut, Mountain and Lincoln Improvement District No. 32 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 ordinanne 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- Offieio Mayor is authorized to advertise for not less than ten days in the official newspaper of said city , and sell sufficient of said bondd to pay for the gngineering and other clerical expense , including the cost of inspection, and is the event that the work is ordered to be done by the Commissioner of Public Works by day not labor, may sell the entire bond issue atot 1 ess thn par _fly l w d,t s ich �wv er1 said bonds shall not bear interest to exceed f s O per cent per annum to be paid semi-annually, evidenced y'-3 'f7o by coupons bearing the fac simile signature of the City Clerk, all in accordance with Section 27 of Ordiri.nce 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, st*isfied and discharged as herein provided. -10- y Section 13. In the opinion of the City Council an emergency exists for the preservation of the pubj-ic 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 IF of the City Charter. Introduced, read at length and adopted by the unanimous vote of all the members of the City Council this 4th day of August, A. D. 1928. ommissioner of safety anp't.:-UrricLq P:_ayor ATTEST: City Clerk, STATE OF COLORADO ) SS. COUNTY OF LARIMER ) 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 4th 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 cf 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 IY of the City Charter of the City of Fort Collins and thereafter and on to-wit : the g""' day of August , A. D. 1928, said Ordinance No. .?o was duly pu szed In the Fort Collins Express-Courier, a daily newspaper published in the City of Fort Collins, Colorado . IN WITNESS 4*=-EOF, I ave hereunto set my hand and affixed the seal of said City, this �, day of August , 1926 . icy Clerk. -11-