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HomeMy WebLinkAbout004 - 03/06/1920 - RELATING TO THE CREATION OF OAK STREET IMPROVEMENT DISTRICT NO. 12 (EMERGENCY ORDINANCE) ORDINANCE NO. , 1920, T BEING ITT EMERGENCY ORDINANCE RELATING TO TIE CREATIOV OF OAK "STREET I?1PROVE' NT DISTRICT NO. 12, PROVIDING FOR THE CONSTRUCTION OF IMPROVEMI TS TT.',.FREIN, AND AUTHORIZING THE ISSUAdCE 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 petition duly filed and rresented to the City Council on the 31st day of January, A .D. 1920, which said petition was duly and regularly signed by the owners of a majority of the frontage in the proposed district , as evidence by the re- solution of the City Council duly adopted on the 31st day of January, A.D . 1920, there is hereby created and or- ganized an improvement district under and by virtue os Subdivision "C" of Chapter 120 of the Revised Statutes of 1908 , of the State of Colorado, concerning public improve- ments in cities and towns of less than one hundred thou- sand inhabitants , to be known as OAK STREET I11PROVEL1ENT DISTRICT 170. 12 , comprising the street area limited and defined as follows , towit : All that portion of Oak Street extending from the east line of the intersection of "lason Street with Oak Street to the west line of the intersec- tion of Remington Street with Oak Street , and including the lots and blocks fronting and abutting on said portion of Oak Street , all in the City of Fort Collins, for the purpose of ordering the grading, raving, curbing and gut- tering of said street area within said proposed district , excepting the street intersection of Oak Street with College Avenue , which swid intersection is already paved; all said roadway 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 Im- provement District No. 5 in said City of Fort Collins, including the lots fronting and abutting upon said street , being Blocks 111, 112, 121, 122, and all the lots fronting and abutting on said Oak Street within said district to be assessed for the improvements hereinabove described. 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 Improvement District No. 5, and guttering and curbing with cement in the same manner as in Consoli- dated 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 to be done in accordance therewith, as pro- vided by law, together with the estimate of the cost of said construction of said improvements, amounting to Sixteen Thousand Five Hundred Eighty-nine and 2-0/100 dollars -2- ($16 ,589.29) for paving 4900 square yards, at the cost per front foot of $11.34, including curb and gutter, said amount to be assessed against the owners of the lots and lands in . said district abutting upon said improvement , and the en- gineer's estimate of the cost per front foot to the owners of the lots and lands in said district abutting upon said improvement . Section 3. That pursuant to the requirements of the resolution of the City Council adopted on the 31st day of January, A.D. 1920, due notice was given to the owners of property to be assessed, by due and lawful publication in The Fort Collins Express, a daily newspaper of general circula- tion 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 of the City Engineer , and to the further effect that on the Sth day of March, A.D. 1920, at one o' clock 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 writ- ing concerning the proposed improvement by the osner of any real estate to be assessed; that in pursuance of said notice the said City Council did sit to hear complaints at said meet- ing held on the 6th day of March, A.D. 1920,. and that ZZ complaints in writing concerning the proposed improvement which had then and there been filed with the City Clerk were duly considered .=iA Section 4. The City Council finds that all the requirements 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 Oak Street Improvement District No. 12 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 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 Oak Street Improvement District No. 12 of the City of Fort Collins, and shall be payable in twenty (20) annual installments, ff�_6,,percent (5iA/ thereof payable in each and every year during said period, and shall bear interest at the rate of five and one half 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 9-.e w Qee� e =� ) each. Each of said bonds shall be sub_Dollars S , •.5 a -4- scribed 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 s'_all 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 assess- ments or from the sale of bonds for said improvements shall be credited to Oak Street Improvement District No. 12, 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 13�—, in- clusive , 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 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 twenty (20) years after the date of issue, but shall be subject to call and payment at any time prior thereto, as provided in Subdivision "C" of Chapter 120 of the Revised Statutes of 1008 of the State of Colorado, relating to public improvements in cities and towns of less than on hundred thousand inhabitants. Pursuant to the power and authority contained in Section 5398 of said Revised Statutes of 1908, the payment of all the bonds issued in virtue of this ordi- nance is hereby guaranteed by the City of Fort Collins. -5- Section S. Said bonds and the coupons attached thereto shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLINS OAK STREET IMPROVEMENT DISTRICT NO. 12 No. The City of Fort Collins, in the County of Larimer and State of Colorado, for value received, acknowledges itself indebted and her by omiswt o,pay to the bearer hereof the sum of "^"` prDollars.,in lawful money of the United States at tbe office of the Cit Treasurer of said City, on the day of , 19Y, 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 and one- half per centum per aanum, payable semi-annually, on the day of and the day of , at the office of the City Treasurer o? the City o?— 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 Oak Street Improvement District No. 12, by virtue of and in full conformity with an Act of the General Assembly of the State of Colorado, entitled, "An Act to Provide for the Construction 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 and 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 concerning 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 pro- ceeds and special assessments to be levied upon the real property situate in the City of Fort Collins in said Oak Street Improvement District No. 12, espe- cially benefited 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 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 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 , including this bond, does not exceed the estimate of the City Engineer, the con- -6- tract price for said improvement , nor the amount authorized by law; and it is further hereby certi- fied and recited that every requirement of law re- lating to the creation of said Oak Street Improve- ment District No . 12, 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 pro- perly 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 Officio Mayor , 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 , 1920. Commissioner of Safety ATTEST: and Ex Officio Mayor . City er . (Form of Coupon) No. On the day of ,�1J ,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, Colo- rado, being six months' interest on its local improve- ment bond dated , 1920, issued for the construc- tion of the local improvement known as Oak Street Im- provement District No. 12; provided this bond shall not have been heretofore paid. Attached to Bond No. City Clark. 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 denomi- nation of Y_,6.14t Dollars ( 000:L) each, numbered from l to J 4 inclusive, as is required to meet the estimated cost of said improvement as herein -7- provided, and when said bonds shall have been duly pre- pared, 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 Oak Street Improvement District No. 12, including six months' interest on the unpaid principal, to advertise two inser- tions, a week apart , 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 (30) 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 said 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 --ayor is hereby authorized and empowered to advertise for bids for the construction of said improvement in accordance with the map, plans and specifications heretofore adopted, which advertisement shall not be less than ten (10) days in the daily official newspaper published in the City of Fort Collins, and all bids received under said advertise- ment 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 im- provement. After the contract is awarded for construction, the City Council shall require a bond for the faithful per- formance of the same of not less than twenty-five per cent of the contract price, with sufficient surety or sureties -8- 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 Com- missioner of Public Torks and in the immediate charge , con- trol and supervision of the City Engineer, whose decision in all matters of dispute respecting compliance with this ordi- nance and the contract made thereunder , and the plans and sp cifications, 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 dlaim 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 improvement 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 construc- tion 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 Works and the City Engineer , acting for said City. -9- Section 10. When the said public improvement in Oak Street Improvement District No. 12, shall have been completed and the same approved by the City Engineer and re- commended for acceptance by said officer, and duly accepted by the City Councilof the City of Fort Collins, the cost thereof shall be assessed upon the lots or tracts of land abutting upon said Oak Street Improvement District No. la 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 im- proved, 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 against the property in said improvement district by an ordinance to be adopted as pro- vided by law. Section 11. For the purpose of paying for en- gineering and other clerical expenses and the cost of inspec- tion, upon the approval of the City Council the Commissioner of Safety and Ex 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 dis- charged as herein provided. -10- Introduced, read at length and adopted by the unanimous vote of all the members of the City Council rt this day of March, A.D. 1920. i Commissioner of Safety and Ex Officio layor. ATTEST• / City rk— STATE OF COLORADO ) SE. COUNTY OF LARIMER ) I , A. J. ROSENOW, City Clerk of the City of Fort Collins, do hereby certify and declare that the fore- going ordinance consisting of twelve (12) sections was duly proposed and read at length 4t a regular meeting of the City Council held on the day of }larch, A.D. 1920, and was duly adopted and ordered published in the Fort Collins Express, a daily newspaper and the official newspaper of the City of Fort Collins, by the unanimous vote of all mem- bers of the Council, as an energency ordinance, in accor- dance with the provisions of Seetioffi6 and 7 of Articlvv of the City Charter; and thereafter, on towit/•/the /o " day of Uarch, A.D. 1920, said Ordinance .Jo. -� was duly published in the Fort Collins Express, a daily newspaper published in the City of Fort Collins , Colorado. IN TIT°2ESS WEEREOF, I have hereunu set my hand and affixed the seal of said City this o day of March, A.D. 1920. y Clerk. _11-