HomeMy WebLinkAbout019 - 08/04/1928 - RELATING TO THE CREATION OF REMINGTON AND LOCUST STREETS IMPROVEMENT DISTRICT NO. 34 (EMERGENCY ORDI t t t
ORDINANCE NO. , 19289
BEING All ENIERGENCY ORDINANCE RELATING TO TFiE CREATION OF RE& GTON
ALT LOCUST STREETS I12ROVEVEI:T DISTRICT NO. 34, PROVIDING FOR THE
CONSTRUCTION OF IMPROVEMENTS THEFEIN, AND AUTHORIZING THE ISSUANCE
OF BONDS TO PAY THE COST CF CONSTRUCTION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS:
Section 1 That ur sxant to 'a petition duly filed an&
P P y
presented to the City Council on the 26th day of May, A. D. 1928,
which said petition was duly and regular3.y 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 16th day of June , A. D. 1928, there is hereby
created and organized an inT rovement 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 Remington and Locust
Streets Improvement District No . 34, comprising the lots and blocks
and lands abutting on said streets, as follows , to-wit: Blocks 128,
138, 129 and 139 in the City of Fort Collins , Colorado, being
Remington Street from the North property line of Plum Street to the
North property line of Elizabeth Street , and also Locust Street from
the West property line of Remington Street to the East property line
of College Avenue.
Section 2. That the said petition preyed for the
improvement of the said district by grading, guttering, curbing,
graveling, and draining where necessary, of the street areas in said
proposed district for a distance of approximately 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 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
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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 $7468.69 ;
the total frontage is 1880.84 feet ; thecost zer front foot is
$3.0256374; the cost per front foot for street intersections is
$0.317083 ; the cost per front foot for alley intersections is
0.123092 and the cost of a lot 50 feet by 140 feet is as follows :
Frontgge $'151.28
Street intersection 15.85
Alley intersection 6.15
being a total of . . . . . . . . . . . . . . . . . . . . . . . . . . . 173. ; and which amount
of $7468. 69 inclues 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 ai-A lands in said district
abutting upon said improvements , when completed and accepted, in
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accordance with the prcvisions of Sections L/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 23rd 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
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, t
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 4th day of August , A. D. 1928 , at eight
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o 'clock in the forenoon, in the Council Chamber in the City Hall of
the City of Fort Collins, the City Council would his 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 eoncering the proposed ir_mrovements had then and there
been filed with the City Clerk.
Section 4. The City Cou'hcil finds that all the reeaire-
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 observed and complied with in all respects ;
and it is hereby ordered that the improve.mer_t of Remington and
Locust Streets Improvement District To. 34 as provided for in the
map, plans and specifications heretofore adopted by the City Council,
arid. 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 authoriz ed
to be issued by the Commissioner of Finance and Ex-Offcio 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 Remington and Locust
Streets Improvement District No. 34 of the Ciuy of Fort Collins;
and shall be payable in ten (10 ) annual installments , ten (10%)
per cent thereof payable in each and every year during said period,
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and shall bear interest at the rate of fives er cent per annum,
4 payable semi-annually, said interest to be ev'�de °c)ed by coupons
attached to the principal bond and attested by the fae simile
signature of the City Clerk, which said bonds shall be in denominations
of e Hundred ( 00 ° ) Dollars
each. Each of said bonds shall be subscribed by the Commissioner
of Safety and Ex-Officio A?ayor , 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 tine as required
for the payment of the work herein provided. Said bonds shall be
.tedeemaole 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
Remington and Locust Streets Improvement District No. 34, and the
funds so collected shall only he used for the payment of the worlf of
construction of said improvements and theinterest thereon. Said
bonds shall be numbered from 1 to /aJ inclusive, and shalt 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-Officio I.4ayor, 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 ordinance is hereby guaranteed by the City
of Fort Collins.
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Section 6. Said bonds and the coupons attached thereto
shall be in substantially the following form:
UNITED STATES OF ATu:ERICA
STATE OF COLORADO
CITY OF FCF T COLLINS
RE67INGTON AP?D LOCUST STREETS II:PROVEIe?E11T DISTRICT NO. 34.
No.
The City of Fort Collins, in the County of Larimer, and
Sta ,e of Colorado , for value received, aelmowledges 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 he 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 five (5%) per cent
per annum, payable semi-annually on the day of ,
19 , and the day of , 19 , at the o fiee
Of the City Treasurer of the City of Fort 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 Remington and Locust Streets Improvement
District No. 34, 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 bituate in the City of Fort Collins
in said Remington and Locust Streets Improvement District No. 34,
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 lion upon the said
real estate in the resu; ctive 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 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 Remington and Locust Streets
Improvement District No. 34, 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 r ender 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
caused this bond to be subscribed by its Commissioner of Safety and
Ex-Offieio Mayor , countersigned by its Commissioner of Finance and
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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 fac simile signature of the City Clerk as of the
_ day of , 19 .
Commissioner of Safety and Ex-Offieio Mayor.
COUNTERSIGNED:
Commissioner of Finance and -Officio City
Treasurer.
ATTEST:
City Clerk.
(Form of Coupon)
No.
On the day of 19_, the City or—
Fort Collins will pay to the Barer
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 impro-v-WeFen-Town as
Remington and Locust Streets Improvement District No. 34, provided
this bond shall not have been heretofore paid.
Attached to Bond No.
City Clerk,
Section 7. The Commissioner of Finance and Ex-Officio
Treasurer is hereby authorized and directed to have printed a
sufficient number of bonds of the denomination of
Hundred ( a o �) Dollars each numbered from I
to Z-�Cinelusive, 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 tine 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 Remington and Locust Streets
Improvement District No. 34, 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
laid district for payment, and at the expiration of thirty days
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from the first publication , interest on said bonds so called shall
cease. The notice shall spe city 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
Commieftner 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 news-caper 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, andno
contract shall be awarded in excess of the City Engineer's estimate
of the cost of said improvements . After the contract is awarded ±t
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 deeis-' cn 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. 79, 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 upon ten (10)
days notice the work under said e ont raat'� without cost or claim
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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 money,
all at the opticn of the City Cor_ncil. The City Co _ncil shall have
the right to reject any and all bids, which may be ma de 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
materials to do such work under the direction, supervision and
control of the Commissioner of Public 7J7orks and the City Engineer
acting for said city.
Section 10. 77hen the said public improvements in Remington
and Locust Streets Improvement District No. 34 shall have been
completed and the same sDrroved by the City Engineer and recommended
for acceptance by said office , 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 Remington
and Locust Streets Improvement District No. 34 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 soy
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.
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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 i_s
authorized to advertise for not less than ten days in the official.
newspaper of said city, and sell sufficient of sadd bonds to pay for
the engineering and other clerical expense, 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 er cent per annum to be paid semi-
(S o
annual evidenced b coupons bearing the fac simile signature of
semi-
annually, Y p �
the City Clerk, all in aeeordnaee with Section 27 of Ordinance No. %
1921, as amended by Ordinance No. 9 , 1926.
Section 12. This ordinance shall be irrepe&lable 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 End publication,
under and by virtue of the authority contained in Sections 6 and 7
of Article IV 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.
Commission r of Safety Ex-Off iei Mayor
ATTEST;
City Clerk.
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N r Ml
STATE OF COL02ADO )
SS.
COUNTY OF LARIMER j
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 of 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 onto-wit : the
day of August , A. D. 192a, said Ordinance No . was duly published
in the Fort Collins Express-Courier, a daily newspaper published in
the City of Fort Collins , Colorado .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of said City, this day of August , A D. 19M .
City Clerk.
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