HomeMy WebLinkAbout032 - 12/11/1926 - RELATING TO THE CREATION OF NORTH COLLEGE AVENUE IMPROVEMENT DISTRICT NO. 23 (EMERGENCY ORDINANCE) N
ORDINANCE NO ' , 1926s
BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF NORTH
COLLEGE AVENUE IITROVEMENT DISTRICT NO 23, PROVIDING FOR THE
CONSTRUCTION OF IMPROVEMENTS THEREIN, AND AUTHORIZING THE
ISSUANCE OF BONDS TO PAY THE COST OF CONSTRUCTION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS
Section 1 Thit pursuant to a petition duly filed and
presented to the City Council on the 20th day of March, A D
1926, 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 20th day of March, A D 1926, 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 North College
Avenue Improvement District No 23, comprising all the oroperty
fronting on said North College Avenue, or abutting thereon, from
the North property line of Laporte Avenue and extending North to
the city limits at the south end of the bridge over the Cache la
Poudre River, said district to include the lots and blocks and
lands abutting on said North College Avenue as follows, to-Nit
Blocks 14, 42 22, 23, 242 25 and 26, all that portion of Lot 3
in the reservation on the Northwest Quarter of Section 12, Township
7 North, Range 69 West, lying north and west of the right-of-way
Railway
of the Fort Collins Development/Company, all that portion of Lot 3
of the Northwest Quarter of Section 12, Township 7 North, Range 69
West within reservation lying north and west of Linden Street
extendion, said street being in Fort Collins, and lying south
Railway
of the right-of-way of Fort Collins Development ompany,
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a strip of land across Block J. Fort Collins, situated in the
Northwest Quarter of the Northwest Quarter of Section 12, Township
7 North, Range 69 West, being a strip of land 100 feet in width,
50 feet on either side of following described line which said line
is the center of located line of the Railway across said land, the
center line being described as follows Commencing at a point on
West line of Section 12, 1112 3 feet south of Northwest corner
thereof, thence North 56 degrees 40 minutes east to west line of
said Block J and place of beginning, then continuing North 56
degrees 40 minutes east 850 plus feet to south bank of Cache la
Poudre River, containing 20 acres, all in the City of Fort
Collins, Colorado
Section 2 That the said petition prayed for the
improvement of said district by grading, paving, guttering,
curbing and draining where necessary, paving to consist of
reinforced concrete paving, 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 Lhe
same 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 provided
by law, together with the estimated coat of the construction of
said improvements amounting to $59 ,955 90, being $53, 515 80 for
the paving of the said district, and $6,440 10 for the drainage
of the said district, which amount of $59,955 90 includes the cost
tro 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
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Section 3 That pursuant to the requirements of the
resolution of the City Council duly adopted on the 26th day of
June, A D 1926, 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, the
rate of interest on the unpaid and deferred installments, the
extent of the district improved, together with the probable cost
per front foot and per square foot, as shown by the estimate of the
City Engineer, and to the further effect that on the 31st day of
July, A D 1926, at eight o' clock A M , in the Council Chamber
in 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 31st day of July, A D 1926t
Section 4 That on to-Nit the said 31st day of July,
A D 1926, certain property owners made oral objections to the cost
of the fill in said district being assessed against said district,
and the City Council after due consideration deemed it equitable and
just that the fill in the said district, up to 14,000 cubic yards,
more or less, of earth should be made by the City as a whole and
not charged to the district, and thereupon the City Council directed
and ordered the City Engineer to make and prepare a supplemental
estimate of the cost of the said proposed North 8ollege Avenue
Improvement District No 23, and that thereafter the City Engineer
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filed his revised and supplemental estimate of the cost of the said
proposed district, which was by the City Council duly adopted by
resolution on the 4th day of December, A D 1926, which supplemental
estimate was no greater than that disclosed by the original estimate,
and in many instances the estimates were much less than the original
estimate, which resolution also cancelled and set aside the original
estimate so made by the City Engineer
Section 5 The City Council finds that all the requirements
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 improvement of North College Avenue Improvement District No 23 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 6 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—Officio Treasurer
of the City of Fort Collins, which said bonds shall bear date at such
times 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 North College Avenue Improvement
District No 23 of the City of Fort Collins, and shall bear interest
and three—fourths
at the rate of fou&/(4r) per cent per annum, payable semi—annually, said
interest to be evidenced by coupons attached to the principal bond and
attested by the facsimile signature of the City Clerk, which Braid
bonds shall be in denominations of five hundred dollars each Each of
said bonds shall be subscribed by the Commissioner of aafety and
Ex—Officio Mayor, countersigned by the Commissioner of Finance and
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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
North College Avenue Improvement District No 23, 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 /Z 0 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—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 years after the date of issue, but shall be subject
to call and payment at any time prior thereto, as erovided in
Section 27 of Ordinance No 7, 1921 Pursuant to the power and
autrority 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 7 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
NORTH COLLEGE AVENUE IMPROVEMENT DISTRICT NO 23
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, how ver, at any time prior thereto,
as provided in the amendment of Section 1 of Article XVII of the City
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Charter, passed and adopted April � , 1920, and Ordinance No 7, 1921,
relating to local public improvements, as amended by Ordinance No 9,
19 6 wi�t+h i}�terest thereon from date until payment at the rate of four and
��hy%r SA isper annum, payable semi-annually on 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 in North College Avenue Improvement District
No 23, 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, 19200
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
situate in the City of Fort Collins in said North College Avenue
Improvement District No 23, especially benefitted by said improvements,
and the amount of uhe assessments bo 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 gg�f�� said bonds is guaranteed by th e City of Fort Collins as
providedA$rdinance, 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 North College Avenue Improvement
District No 23, 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 property
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, countersigned by its Commissioner of Finance and
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 , 192
Commissioner of Safety and Ex-Officio Mayor
Countersigned
Commissioner of Finance and Ex-Officio City
Treasurer
ATTEST
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, Colore�do, being six months' interest on its local
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improvement bond dated , 192
issued for the construction of the local improvement known as North
College Avenue Improvement Di- tract No 23, provided this bond shall
not have been heretofore paid
Attached to Bond No
City Clerk
Section 8 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 each numbered
from 1 to 1.240 inclusive, as is required to meet the estimates 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 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 North College Avenue Improvement District No 23,
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 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 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 improvements
in accordance with the map, plans and specificatinns heretofore adopted,
which advertisement shall not be less than ten days in the official
newspaper publighed 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 City Engineer' s estimate of uhe cost of said improvements After
the contract is awarded for construction the City Council shall require
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a bond for the faithful perfofmance 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 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 hereto Whem said contract is awarded it shall contain a clause to
the effect that it is subject to the previsions of the charter and of the
laws under which the City of Fort Collins exists and of this ordinance,
and theprovisions of Ordinance No 7 , 1921, relating to local public
as amended by Ordinance No 9, 1926,
improvements/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 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 its decision shall be final The City Council
shall have the right to reject any and all bids which -nay be made by any
person or persons for the construction of said improvementst and when in
the judgment of the City Council it shall be deemed to the best interests
of the 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 directioh, supervision and control of the Commissioner
of Public Works and the City Engineer, acting for said City
Section 11 When the said public improvements in North College
A,venue Improvement District No 23 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
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Collins, the cost thereof shall be assessed upon the lots or tracts
of land abutting upon said North College Avenue Improvement District
No 23 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 , and
the cost of drainage shall be proportioned upon the area of lots or
tracts of land abutting upon said North College Avenue Improvement
District No 23 in proportion as the area of each lot or tract of
land is to the area of all the lots or tracts of land so improved,
for a distance of fifty (50) feet back on eit'ier side of the said
street 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 ordinance to be
adopted as provided by law
Section 12 This ordinance shall be irrepealable 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 erg rgency
exists for the preservation of the public 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 IV of the City Charter
Introduced, read at length and adopted by the ananimous vote
of all the members of the City Council this llth day of December,
A D 1926
Co issioner of Safety d Ex—Offic o LAayor
ATTEST
ity Clerk
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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 prpposed and read at length at a regular meeting
of the City Council held on the llth day of December, A D
1926, 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 membcrs of the City Council, as an emergency ordinance
in accordance with the provisions 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 day of
1926, said Ordinance No 0 V was duly published in the
Fort Collins Express-Courier, a daily newsppper published in
the City of Fort Collins, Coloraio
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of said City this day of
1926
City Clerk
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