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HomeMy WebLinkAbout015 - 05/22/1917 - RELATING TO THE CREATION AND ORGANIZATION OF CONSOLIDATED IMPROVEMENT DISTRICT NO. 5 ORDINANCE NO �� 1917 RELATING TO THE CREATION OF CONSOLIDATED IMPROVEMENT DISTRICT NO 5, PROVIDING FOR THE CO�dSTRUCTION OF IMPROVEMENTS THEREIr1, AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF CONSTRUC- TION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That pursuant to a petition duly filed and pre- sented to the City Council on the 12th day of March A D 1917, which said petition was duly and regularly signed by the owners of a majority of the frontage in the proposed district as evidenced by the resolution of the City Council duly adopted on the 3d day of April, 1917, there is hereby created and organized an improve- ment distric* 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 CONSOLIDATED IMPROVEMENT DISTRICT NO 5, comprising the street areas between curbs in all the streets hereinafter described, being all that portion of West Mountain Avenue extending from the east line of the inter- section of Howes Street pith West Mountain Avenue to the inter- section of the west line of College Avenue with West Mountain Avenue, also including all that portion of East Mountain Avenue extending from the intersection of the east line of College Avenue with East Mountain Avenue to the intersection of the west line of Mathews Street with East Mountain Avenue , also including that portion of Linden Street extending from the intersection of the north line of East Mountain Avenue with Linden Street to the -1- intersection of the south line of Jefferson Street with Linden Street, also including that portion of Walnut Street extending from the northwest line of the intersection of Walnut Street with Linden Street to the intersection of Walnut Street with the east line of College Avenue, also including that portion of Pine Street extending from the southwestern line thereof intersecting with Walnut Street and Laporte Avenue to the northeast line of said Pine Street intersecting with Jefferson Street, all in the City of Fort Collins, Colorado, and including in said district all the lots fronting thereon in Blocks 101 111 31, 21, 121, 134 18, 193 12, 13, and 14 all of which said lots and blocks shall constitute said Consolidated Improvement District for the purposes of assessment as herein provided for the improvements to be constructed therein Section 2 The said petition prayed for the permanent improveirent of said district by grading, curbing and guttering said district with concrete and paving said district with reinforced concrete paving, otherwise known and described as 1-course reinforced concrete cement and insofar as regiired the r guttering and curbing of saiO district shall be of cement, 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 inhabitantst an& that the plans and specifications together with the map prepared by the City Engineer, be and are hereby adopted as the map, plsns and specifications for said district and said work of construction of said improvement is hereby ordered to be done in accordance -2- therewith, as provided by law, together with the estimate of the cost of said construction of said improvement, amounting to Forty-nine Thousand Two Hundred Eighty-six and 06/100 Dollars ($49,286 06), excluding therefrom The Denver & Interurban Railroad Company's right of way as shown by franchise granted said company which estimated cost to be assessed against The Denver & Interurban Railroad Company is Ten Thousand Eight Hundred Sixty and 50/100 Dollars ($10,860 50) , and against The Colorado & Southern Railway Company, One Thousand Eighty-eight and 50/100 Dol.Lars ($1,088 50), making the total cost of all improvements in said district Sixty-one Thousand Two Hundred Thirty-five and 06/100 Dollars ($61,235 06), and the eAgineer's estimate of the cost per front foot to the owners of the lots in said district abutting upon saia improvement The road area to be paved includes 30 280 square yards, exclusive of the trackage of The Denver & Interurban Railroad Company and The Colorado & Southern Railway Company, that the total area to be charged against The Denver & Interurban Railroad Company is 3 103 square yards, that the total area to be charged against The Dolorado & Southern Railway Company is 311 square yards, that the area to be charged to The Denver & Interurban Railroad Company is to be paved with � Z� c Y o-, t,rc-r d � erc,4U at the estimated cost, as above stated, of Ten Thousand Eight Hundred Sixty and 50/100 Dollars ($10,860 50) Section 3 That pursuant to the requirements of a resolution of the City Council adopted on the 3d day of April, 1917, due notice was given to the owners of property to be assessed by due and lawful publicatiom in the Larimer County Democrat, a weekly newspaper of general circulation of the City of Fort Collins, -3- 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 14th day of May, A D 1917, at four 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 bythe ovMer of any real estate to be assessed, that in pursuance of saia notice the said City Council did sit to hear complaints at said meeting held on the 14th day of May, 1917, 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 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 improve- ment, have been observed and complied with in all respects, and it is hereby ordered that the improvement of Consolidated Improve- ment District No 5 as provided for in the mpp, plans and specifi- cations heretofore adopted by the City Council and approved in this ordinance be and is hereby ordered to be constructed -4- Section 5 That under the provisions of Ordinance No 13, of the Series of 1906, entitled "An Ordinance Granting to the Denver & Interurban Railroad Company, its Successors and Assigns, the Right to Construct, Maintain and Operate a Street Railway in the City of Fort Collins Colorado, and Granting a Right of Way to said Company, its Susessors and Assigns Over Along and Across certain Streets, Alleys and Public Highways of the City of Fort Collins " the Baia The Denver & Interurban Railroad Company is obligated to pave or otherwise improve the streets when so ordered by the City Council and The Denver & Interurban Railroad Company has elected in writing, duly filed in the office of the City Clerk to have paved the streets in said district so fax as the Isame are occupied by the tracks of said company with tuba �I ^ Ufin r�� lrt .4y to the extent of the street occupied by its said tracks and twenty-four (24) inches on each side of the outside rail of said track which amount has heretofore been estimated by the City Engineer at 3,103 square yards and estimated the cost at $10 860 50, and said The Denver & Interurban Railroad Company has elected to pay the cost of said construction in annual installments as other assessments are paid in saia district, and the cost of paving said afea herein described as belonging to The Denver & Interurban Railroad Company shall be assessed to said company and collected in the same manner as the other assessments in said district Section 6 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 ana Ex Officio Treasurer of the City of Fort Collins which said bonds shallbear date at -5- r 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 Consolidated Improve- ment District No 5 of the City of Fort Collins and shall be payable in twenty (20) annual installments, five per cent (5�o) thereof payable in etch and every year during said period and shall bear interest at tle 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 Offioio 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 tle 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 s&le of bonds for said improvement shall be credited to Consolidated Improvement District No 5 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 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 Commissioner of Safety and Ex 0fficio 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 -6- payable twenty (.&0) years after the date of Lasue, 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 improvements in cities and towns of less than one 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 ordinance is hereby guaranteed by the City of Fort Collins Section 7 Said bonds and the coupons attached thereto shall be in substantially the following form UNITED STATES OF AI�IERICA STATE OF COLORADO CITY OF FORT COLLINS COiTSOLIDATED IMPROVE1ENT DISTRICT NO 5 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 1937 subject to call and payment, however, at any time prior thereto, as provided in the Act of the General Assembly hereibafter 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 Treas- urer 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 Consolidated Improvement Dis- trict No 5 by virtue of and in full conformitj with an Act of the General Assembly of the State of Colorado, entitled, "An Act to Provide for the Constiuction 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 -7- Subdivision C of Chapter 120 of the Revised Statutes of 1908 of the State of Colorado concerning public improve- ments 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 (Consolidated Improvement District No 5) especially bene- fitted 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 b} an ordinance of said city said lien having priority over all other liens except other bonds hereto- fore 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 author- izing 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 contract price for said improvement, nor the amount authorized by law, and it is further hereby certified and recited that every require- ment of law relating to the creation cf said� Consolidated Improvement District No 5 ) the making of said local im- provement 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 t`ings required to be 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 existfin 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 unddr 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 1917 Commissioner of atety and ATTEST Ex Officio Mayor City Clerk (Form of Coupon) No $ On the day of 19_1 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 1917, issued for the construction of the local improvement known as (Consolidated Improvdment District No 5�, provided this bond shall not have been heretofore paid Attached to Bond No _8- Citj Clerk uA�ul�� Section 8 The Commissioner of Finance and Ex Officio A is hereby authorized and directed to have printed a suffichent number of bonds of the denomination of Five Hundred Dollars ($500 00) each, numbered from 1 to inclusive, as is required to meet the estimated cost of said improvement as herein provided and when said bonds shall have been duly prepared they shall be retained by the City Treasurer to be�issued and delivered from time to time as hereinbefore provided Section 9 whenever considered prudent by the City Treasurer, he is hereby authorized and empowered whenever funds may be in his hands to the credit of Consiblidated Improvement District No 5, including six months ' interest on the unpaid principal to advertise two insertions in the official weekly newspaper of said City and call in a suitable number of bonds of said district for payment, and at the expiration of thirty days from the first publication interest on said bonds so called shall cease The notice shall speci$r the bona so called by number, and all said bonds so issued shall be called and paid in their numerical order Section 10 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 improvement in accordance rith the map, plans and specifications heretofore adopted, whic"i advertisement shall not be less than ten days in the weekly official newspaper published in the City of Fort Collins and all bids received under said advertisment shall be submit+ed to the City Council for approval or rejection, and no contract shale awarded in excess of the City Engineer's estimate of the cost of said improvement After the contract -9- is awarded for construction, the City Council shall require a bond for the faithful performance of the same of not less than twenty-five per cent of the contract price, with sufficient sure6y or sureties to he 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 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 tnis ordinance and that the agreed payments shall not exceed the estimate of the City Engineer and the amount appropriated, and that upor ten days' notice the work under said contract without cost or claim against the City of Fort Collins, maybe suspended for substantial caube 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 bias 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 deem it to the best interests of said City of Fort Collins, the saia 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 -10- direction, supervision and control of the Commissioner of Public Works and the City Engineer, acting for said city Section 11 When the said public improvement in Consolidated Improvement District No 5 sha,li have been completed and the same approved by the City Engineer and recommended for acceptance by saia 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 Consolidated Improvement Dis- trict No 5 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, +he 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 ageinst the property in said improvement district by an ordinance to be adopted as provided by law Section 12 For the purpose of paying for engineering and other clerical expenses and the cost of inspection upon the approval of the City Council tue Commissioner of Safety and Ex Officio Mayor is authorized to advertise for not less than ten (10) days in the official newspapei of sc..id 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 Baia Revised Statutes of 1908 Section 13 This ordinance shall be irrepealable until the indebtedness herein provided for wnenever the same shall be cleated, shall have been fully pain satisfied and discharged as herein provided -11- Introduced read and orderell published this /�f�� day of May 1917 Passed and adopted this a pd day of May, A D 1917 ic-,L�_ Commissioner of Safety and ATTEST � � Ex Officic Mayor City Clerk STATE OF COLORADO, ) - s s COUNTY OF LARIMER ) I, Ray Baxter, City Clerk of the Cit} of Fort Collins, do hereby certify and declare that the foregoing ordinance, consisting of thirteen (13) sections, duly proposed and read at length at a meeting of the City Council held on the 14th day of May, 1917, was duly ordered by Aye and Nay vote to be published in the Fort Collins Courier, a daily newspaper of the Cit1 of Fort Collins in accordance with the provisions of Section 7 of Article IV of the City Charter, that thereafter and on to-rit the Z�7'4 day of May A D 1917, at a regular meeting of the City Council, said ordinance came before said Council on its final passage, a period of more than ten days having elapsdd since the publication as above set forth and that the said ordinance was upon second reading adopted as an ordinance, and thereafter and on to-wit, the � 11A day of May A D 1917, said Ordinance No L_.V _1917, as finally passed and adopted was duly published in the Fort Collins Courier a daily newspaper published in the City of Fort Collins, Color ).do IN WITPTESS WHEREOF, I have hereunto set my hand this day of May, A D 1917 City Clerk