HomeMy WebLinkAbout009 - 05/31/1919 - RELATING TO THE CREATION OF SOUTH COLLEGE AVENUE IMPROVEMENT DISTRICT NO 11 (EMERGENCY ORDINANCE) ORDINANCE NO _-%-1919
BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF
SOUTH COLLEGE AVENUE IMPROVEMENT DISTRICT NO 11 PROVIDING
FOR ThE CONSTRUCTION OF IMPROVEMENTS THEREIN, AND AUTHORIZIUG
THE ISSUA17CE OF BONDS T,0 PAY THE COST OF CONSTRUCTION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLIiiS
Section 1 That pursuant to a petition duly filed and
presented to the City Council on the 12th day of April A D
1919 which said petition was duly and regularly signed by
the owners of a ma3ority of the frontage in the proposed
district, as evidenced by the resolution of the City Council
duly adopted on the twenty-eighth day of April, A D 1919,
there is hereby created and organized an improvement district
under and by virtue of Subdivision C of Chapter 120 of the
Revised Statutes of 1908 of the State of Colorado concerning
public improvements in cities and towns of less than one
hundred thousand inhabitants, to be known as SOJTH COLLEGE
AVENUE IMPROVEMENT DISTRICT NUMBER 11 , comprising the street
areas limited and defined as follows , to wit Being all that
portion of South College Avenue extending from the intersection
of the north line of Olive Street with South College Avenue
to the southern corporate limits of the City of Fort Collins
where the same intersects South College Avenue, ana including
the lots and olocxs fronting or abutting on said portion of
said Soutn College Avenue, also including all that portion of
the State Agricultural lands on the west side of South College
Avenue fronting or abutting on said Avenue extenaing from
the south line of Laurel Street where the same intersects
South College Avenue to the south corporate limits of the
City of Fort Collins where the same intersects South College
Avenue all in the City of Foit Collins Colorado, for the
purpose of ordering the grading, paving curbing and guttering
of said street area within said proposed district , excepting
thirty (30) feet in the center thereof extending from the
north line of Olive Street where the same intersects South
College Avenue to a point ninety-two (92) feet north of the
north line of Garfield Street, with the exception of street
intersections where the same intersects South College Avenue
being thirty (30) feet in width in the center thereof to be
left for parking, said parking to be curbed in the same manner
as the curbing in Laporte Avenue Improvement District No 3
where parking was left in the center of the street, and also
except the west tirenty-five (25) feet of the street in said
district extending from a point ninety-two (92) feet north of
the north line of Garfield Street where the same intersects
South College Avenue to the south corporate limits of the
City of For+ Collins where the same intersects South College
Avenue to be left for parking The roadway on each side of
the parking extending from the north line of Olive Street
where the same intersects South College Avenue to a line
ninety-two (92) feet north of the north line of Garfield Street
where the same intersects South College Avenue shall be thirty
(30) feet in width, and the roadway on the east side of the
parking extendingifrom a line ninety-two (92) feet nor�h of
the north line of Garfield Street where the same intersects
South College Avenue to the south corporate limits of the
City of Fort Collins where the same intersects South College
Avenue shall be forty-four (44) feet in width, all said road-
ways to be improved by paving to consist of one-course
reinforced concrete the same as installed in Consolidated
Improvement District No 5 in said City of Fort Collins, and
the gutters and curbs to be of concrete cement of the same
specifications as in Consolidated Improvement District No 5
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in said City of Fort Collins including;he lots fronting and
abutting upon said Avenue, being Blocks^13, 114, 115 , 116
1 23, 124 125 126 127, 128 and 129 in the City of Fort Collins,
and Blocks 6, 7 and 18 in Craft ' s Subdivision of Lake Park
Addition to the City of Fort Collins also including all that
portion of the State Agricultural lands on the west side of
College Avenue fronting or abutting on said Avenue exte-iding
from the south line of Laurel Street %Nhere the same intersects
College Avenue to the south corporate limits of +he City of
Fort Collins where the same intersects south College Avenue
all in the city of Fort Collins, all of which said lots,
blocks and lands shall constitute said South College Avenue
Improvement District No 11 for the purposes of assessment
as herein provided for the improvements to be constructed
therein
Section 2 That the said petition prayed for the
permanent improvement of said district by grading, paving
curbing and guttering, to consist of reinforced concrete
paving otherwise known and described as one-course reinforced
concrete cement the same as installed in Consolidated Improve-
ment District No 5 and guttering and curbing with cement in
the same manner as in Consolidated Improvement District No 5
which said petition was made and filed under the provisions
of Subdivision C of Chapter 120 of the Revised Statutes of 1908
of the State of Colorado concerning public improvements in
cities and towns of less than one hundred thousand inhabitants,
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
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to be done in accordance therewith, as provided by la%s
together with the estimate of the cost of said construction
of said improvements, amounting to One Hundred and One Thousand
and Eighty Seven and 50/100 Dollars ($101,087 50) , which amount
includes the cost to be assessed against the Fort Collins
Municipal Railway for paving 860 square yards of street area
$2,046 80 concrete between ties $1,200 00 and parking curb
$4,162 94 total $7 ,409 74, and against the City of Fort Collins
for one-half the cost of paving 10 763 44 square yards at
street intersections, $13,048 50, leaving a balance of
$80, 629 26 to be assessed against the owners of the lots and
lands in said district abutting upon said improvement, and the
engineer' s estimate of the cost per front foot do the owners
of the lots and lands in said district abutting upon said
improvement The road area to be paved includes 36,849 31
square yards exclusive oz the trackage of the Fort Collins
Yunicipal Railway, which amounts to 860 square yards
Section 3 That pursuant to the requirements of the
resolution of the City Council adopted on the 28th day of April
1919, due notice was given to the owners of property to be
assessed, by due and lawful publication in The Fort Collins
Courier, a daily newspaper of general circulation in the City
of Fort Collins, for a period of twenty (20) days , 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 improvement proposed,
the number of installments and the time in which the cost
would be payable, the rate of interest on unpaid and deferred
installments, the extent of the district improved, together
with the probable cost per front foot as shown by the estimate
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of the City Engineer , and to the further effect that on the
31st day of May, A D 1919, at one o' clock P 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 and filed in writing concerning the
proposed improvement by the owner of any real estate to be
assessed, that in pursuance of said notice the said City Council
did sit to hear complaints at said meeting held on the 31st day
of May, 1919, and that all complaints in writing concerning
the proposed improvement which had then and there been filed
with the City Clerk were duly considered and overruled
Section 4 The City Council finds that all the require-
ments of the statute respecting the petition for said improvement
and the resolutions and notices required by law to be given in
respect thereto before the adoption of an ordinance ordering
said improvement have been observed and complied with in all
respects, and it is hereby ordered that the improvement of
South College Avenue Improvement District No 11 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 For the purpose of paying the cost of said
improvement, 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
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issued, and in such form as may be approved by the City Council
after submission by the Comrdssioner of Finance, said bonds
shall bear the name of South College Avenue Improvement District
No 11 of the City of Fort Collins , and shall be payable in
twenty (20) annual installments, five per cent (5fo) thereof
payable in each and every year during saia period, and shall
bear interest at the rate of five 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 Five Hundred Dollars ($500 00) each Each
of said bonds shall be subscribed by the Commissioner of Safety
and Ex-officio Mayor., 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 re-
deemable out of the moneys collected on account of the assess-
me its made for saia improvements, all moneys collected from
said assessments or from the sale of bonds for saia i nprovements
shall be credited to South College Avenue Improvement District
No 11, and the funds so collected shall only be used for the
payment of the work of construction of said improvement and
the interest thereon Said bonds shall be numbered from 1 to
202 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
Commissiorer of Safety and Ex-officio Mayor when said estimates
have been duly audited and approved by the City Council and
ordered paia All of said bonds shall be absolutely due and
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payable twenty (20) years after the date of issue, but shall be
subject to call and payment at any time prior thereto, as pro-
vided in Subdivision C of Chapter 120 of the Revised Statutes of
1908 of the State of Colorado relating to public iaprovements in
cities and towns of less than one hundred thousand inhabitants
Pursuant to the pourer and authority contained in Section 5398 of
said Revised Statutes of 1908, the payment of all the bonds issued
in 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 follovving form
UNITED STATES OF AMERICA
STATE OF COLORADO
CITY OF FORT COLLINS
SOUTH COLLEGE AVENUE ITIPROVEMENT DISTRICT NO 11
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 the City Treasurer of said
City , on the day of , 19_, subject to call
and payment, however, at any time prior thereto, as
provided in the Act of the General Assembly hereinafter
mentioned, with interest thereon from date until payment
at the rate of five per centum per annum, payable semi-
annually, on the day of and the day of
at the office 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 it South College Avenue
Improvement District do 11 by virtue of and in full con-
formity with an Act of the General Assembly of the State
of Colorado, entitled, "An Act to Provide for the Con-
struction of Local Improvements in Cities of all Classes
having a Population of less than One Hundred Thousand,
and Incorporated Towns the Issuance of Local Improvement
Bonds therefor and the Assessment ana Payment of the Cost
of said Improvements, " approved April 8, 1899 said Act
being the same as Subdivision C of Chapter 120 of the
Revised Statutes of 1908 of the State of Colorado concern-
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ing public improvements , and an ordinance of said city
duly adopted and approved, published and made a law of
said city prior to the issue hereof 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 South College Avenue Improvement
District No 11 especially benefited by said improve-
ments, 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 it the respective amounts to be apportioned
to said real estate, and to be assessea 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
saia bonds is guaranteed by the City of Fort Collins as
provided by law and the ordinance authorizing the issue
hereof , and it is hereby certified and recited that the
total issue of bonds of said city for said district,
includirg this bond, does not exceed the estimate of the
City Engineer, the contract price for said improvement,
nor the amount authorized by law, and it is further
hereby certified and recited that every requirement of
law relating to tihe creation of said South College Avenue
Improvement District No 11, the making of said local
improvement and the issuance of this bond, has been fully
conplied 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 ana been properly aone and performed, and did
exist in regular and due time, form and manner as required
by law
In Testimony Whereof, the said City of Fcr t Collins
has caused this bond to be subscribed by its Commissioner
of Safety and Ex-ofiicio Mayor, attested by its City Clerk
under the seal of said city, ana the interest coupons
thereto attached to be attested by the fac simile signature
of the City Clerk, as of the day of 1919
Commissioner of Safety and
ATTEST Ex-of fi ci o Mayor
City Clerk
(Form of Coupon)
No
On 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 months'
interest on its local improvement bond dated 1919
issued for the construction of the local improvement known
as South College Avenue Improvement District No 11 , provided
this bond shall not have been heretofore paid
Attached to Bond No
City Clerk
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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 Five Hundred
Dollars MOO 00) each, numbered from 1 to 202 inclusive, as
is required to meet the estimated cost of said improvement 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 ana empowered whenever
funds may be in his hands to the credit of South College Avenue
Improvement District No 11, including six months' interest on
the unpaid principal, to advertise two insertions 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 oonds so
called shall cease The notice shall specify the bonds so
called by number, and all said bonds so issued shall be called
and paid in their numerical order
Section 9 Upon the taking effect of this orainance
the Commnssioner of Safety and Ex-olticio Mayor is hereby
authorized and empowered to advertise for bids for the con-
struction of said improveme-it in accordance with the map, plans
and specifications heretofore aaopted, which advertisement shall
not be less than ten days in the daily official newspaper
published in the City of Fort Collins and all bids received
under said advertisement shall be submitted to +he 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
improvement After the contract is awaraed for construction
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the City Council shall require a bond for the faithful perform-
ance of the same of not less than twenty-five per cent of the
contract price with sufficient surety or sureties to be
approved by the Commissioner of Safety and Ex-ofticio Mayor
and the work of construction when so awarded urder 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 that the agreed payments shall not exceed the estimate of
the City Engineer and the amount appropriated, and that upon
ten 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 owner of real estate
to be assessed for the improvement that the i nprovenient is 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 their decision shall be final 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 materials to do such
work under the direction, supervision and control of the
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Commissioner of Public works and the City Engineer, acting
for said City
Section 10 When the said public inprovement in South
College Avenue Improvement District No 11 shall have been
completed and the same approved by the City Engineer and recom-
mended 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 South College Avenue Improvement District No 11 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, the
sides of the corner lots abutting upon the streets or alleys so
improved being regarded as frontage to the extent of twenty-five
(25) feet, the cost of the street intersections to be assessed
one-half to the City of Fort Collins and the remaining half as
provided by law which assessments when so reported by the City
Engineer and approved by the City Council shall be assessed
r
against the property in said iriprovement district by an ordinance
to be adopted as provided by law
Section 11 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 Ea-officio Mayor is authorized to advertise for not less
than ten (10) days in the official newspaper of said city, and
sell as many bonds as may be necessary and use the proceeds
thereof for said purpose, and in accordance with the provision
of Section 5393 of said Revised Statutes of 1908
Section 12 This ordinance shall be irrepealable until
the indebtedness herein provided for, whenever the same shall
be created, shall have been fully paid, satisfied and discharged
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as herein provided
In the o-oinion of the City Council an emergency
exists for the preservation of the public health, peace and
safety, andthis 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
Introduced, read at length andedopted by the unan-
imous vote of all the members of the City Council this 31st
day of May, A D 1919
om7ifissioner of Safety d Ex-officio
Attest Mayor
City lerk
STATE OF COLORADO )
COUNTY OF LARIIIER ) SS
CITY OF FORT COLLINS )
I, A J Rosenow, City Clerk of the City of Fort
Collins, do hereby certify and declare that the foregoing or-
dinance, consisting of � sections, was duly proposed and
read at length at a regular meeting of the City Council held
on he 31st day of May, A D 1919, and was duly adopted and
ordered published in the Fort Collins Courier, a daily news-
paper, bythe unanimous vote of all the members of the City
Council, as an emergency ordinance, in accordance with the pro-
visions of Sections 6 and 7 of Article IV of the City Charter
of the City of Fort Collins, and thereafter, and on to-wit,
the 2nd day of June, A D 1919, said Ordinance No 9 was duly
published in the Fort Collins Courier, a daily newspaper pub-
lished in the City of Fort Collins, Colorado
IN WITNESS RF.F'REOF, I have hereunto set my hand and
affixed the seal of said City this 2 day of
A a 1919 67
City Clerk