HomeMy WebLinkAbout001 - 01/22/1937 - RELATING TO THE CREATION OF CONSOLIDATED IMPROVEMENT DISTRICT NO. 42 (EMERGENCY ORDINANCE) ORDINANCE ISO 11 1937 )
BEING AN EivMRGENCY ORDINANCE RELATING TO THE CREATION OF CONSOLI-
DATED DvIPROVE14ENT DISTRICT NO 42, PROVIDING FOR THE CONSTRUCTION
OF IMFROVEMgTS 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 That pursuant to twelve petitions , duly
filed and presented to the City Council on November 20 , 1936 ,
which said petitions were referred to the City Engineer for
investigation and report and were by said City Engineer reported
back to the City Council as being signed by the owners of more
than one-third of the frontage in the proposed district , and the
Commissioner of Works and the City Engineer made a further report
that said twelve petitions should be consolidated and considered
as one petition for all purposes And the City Council by
Resolution duly adopted on November 20 , 1936 ordered the con-
solidation of said twelve petitions into one petition for all
purposes , and these is hereby created and organized an improvement
district under and by virtue of the piovisions of Ordinance No 7
1921 as amended by subsequent ordinances, to be known as Consoli-
dated Improvement District No 42, comprising the lots and blocks
and lands abutting on the following streets, to-wit
On North hIcKinley Avenue
Blocks 1 and 2 Swett' s Addition
On Remington Street
Blocks 128 and 138 City of Fort Collins
On Lake Street
E 170 feet of Block 7 , E 80 feet of Block 4,
Blocks 3 and 8, L C Ivloore' s Second Addition
On West Myrtle Street
Blocks 105, 106 115 and 116 City of Fort Collins
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On Vilest Magnolia Street/ W 190 feet of Blocks 73 and 74,
Blocks 103 and 104, City of Fort Collins Blocks 2,3,5
and 6 Kenwood Heights Addition, Blocks 267 268 277 278
On South Sherwood Street
287 and 288 Loomis Addition
Blocks 74 and 84 City of Fort Collins
On Canon Avenue
Block 83 City of Fort Collins
On West Olive Street
Blocks 92 and 93 Blocks 72 and 73 City of Fort
Collins, Blocks 268 269 , 278, 279 288 289 all
in Loomis addition
On Washington Avenue
Blocks 289 and 290 Loomis Addition, Blocks 1 and 4,
Washington Place Addition Block 1 and the North 222 5
feet of Block 5 Prospect Place Addition
On Grant Avenue
Blocks 278, 279 280 281, 288 289 290 and 291,
Loomis Addition
On Loomis Avenue
The North 300 feet of Block 267, North 300 feet of
Block 277 Blocks 268 269 278 and 279 all in
Loomis Addition
On Mathews Street
Blocks 135 136 , 145 146 City of Fort Collins
On East Yyrtle Street
Blocks 125, 126 , 135, 136 145 , 146 City of Fort Collins
On East Mulberry Street
Blocks 134 and 135 City of Fort Collins
On Plum Street
Blocks 147 , 148 157 and 158 City of Fort Collins
On Scott Avenue
Blocks 1 and 2 Scott-Sherwood Addition
On South Shields Street
The North 300 feet of Block 1 Block 7 and the North
175 2 feet of Block 8, all in Scott-Sherwood Addition,
Blocks 2 and 3 Prospect Place Addition Block 2 and
the South 352 feet of Block 3 Washington Place Addition
Section 2 That the said petitions prayed for the
improvement of the said district by grading and surfacing with a
mixture of oil and gravel, approximately two and one-half inches
in thickness, and the curbing and guttering where necessary of the
entire street area between gutters The mixture for the surfacing
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to be according to specifications of the City Engineer, which
said petitions were made and filed under the provisions of said
Ordinance No 7 , 1921, as amended and that the plans and speci-
fications , together with the map prepared by the City Engineer,
be and the same are hereby adopted as the map, plans and speci-
fications for said consolidated district, and said work of con-
struction of said improvement is hereby ordered to be done in
accordance therewith as provided by law together with the
estimated cost of the construction of said improvement , amounting
to $222326 80 for surfacing and $7,890 50 for curb and gutter , or
a grand total for both surfacing and curb and gutter of $31,378 42,
the total frontage is 30 ,578 feet , of which 25,592 lineal feet is
along streets 100 feet in width and requiring a surfacing of 55
feet in width, and 4,986 lineal feet is along streets 60 feet in
width and requiring surfacing 31 feet in width, that the total
amount of yardage of oil surfacing material is 102,350 square
yards , that the present amount of curb and gutter required is
15 ,781 feet and gutter alone 33172 feet , that the cost per front
foot on streets where the surfacing is 55 feet in width is esti-
mated 4t 77 5¢ per front foot, that the cost per front foot on
the streets where the surfacing is 31 feet in width is estimated
at 500 per front foot , that the above figures include allocation
against the entire cost for street intersections , that the above
figures are based as above stated on obtaining Federal Aid through
TAT p A in carrying out the improvements , that if the same should
be done by private contractors it is estimated the cost would be
approximately$1 44 per lineal foot where the width of surfacing
is 55 feet , and 840 per lineal foot where the width of surfacing
is 31 feet , and for curb and gutter $1 00 per lineal foot and for
gutter only 650 per lineal foot, that as an example the following
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is a statement of the estimated costs for a lot having a 50
foot frontage for the various widths above mentioned to-wit
for a lot having a 50 foot frontage where the width of the
surfacing is 55 feet, 438 75, or $63 75 for oil surfacing, curb
and gutter, for a lot having a 50 foot frontage where the width
of the surfacing is 31 feet , 425 00 or $50 00 for oil surfacing,
curb and gutter, and all costs including oil surfacing, curb and
gutter 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, and the total cost of the
improvement of the street will be assessed against the property
abutting on said streets , but no amount shall be assessed against
the City That curbs and gutters where not now in place conform-
able to the ordinances of the City of Fort Collins , are hereby
ordered constructed or repaired or re-constructed upon all
property in said Consolidated Improvement District No 42, and
the City Council shall take appropriate action by Resolution to
require the construction or repairing or re-construction of said
curbs and gutters in conformity with Ordinance No 6, 1930 of
the City of Fort Collins, and if the same is not done by the
property owners within thirty (30) days from the date of service
of said Resolution as in said Ordinance provided the City shall
construct or repair or re-construct said curbs and gutters or cause
said work to be done , and charge and assess the costs thereof
against the abutting property in like manner and in the same
assessing ordinance to be hereafter adopted as the cost of oil
surfacing shall be assessed and certified to the County Treasurer
as provided by ordinances and law
Section 3 That pursuant to the requirements of
the Resolution of the City Council duly adopted on the llth
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day of December A D 1936 , due notice was given to the owners
of the 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, to-
gether with the probable cost per front foot , as shown by the
estimate of the City Engineer, and to the further effect that on
the 22nd day of January A D 1937 , at seven o'clock A M in
the City 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 oNn.er of any real estate to be
assessed, that in pursuance of the said notice the said City
Council did sit to hear the complaints at said meeting held on
the 22nd day of January A D 1937 at seven o'clock L, M , and
that no complaints in writing concerning the proposed improvements
had then and there been filed with the City Clerk
Section 4 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 improvements
of Consolidated Improvement District No 42 as provided for in
the map, plans and specifications heretofore adopted by the City
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Council and approved in tris Ordinance , be and they are hereby
ordered to be constructed
Section 5 For the purpose of paying the cost
of said improvements including oil surfacing curb and gutter
less any Federal assistance received bonds of the City of Fort
Collins in the aggregate principal amount of $31,378 42 are
hereby authorized to be issued by the Commissioner of Finance
and Ex-Officio Citv Treasurer of the City of Fort Collins ,
which said bonds shall bear date of September 1, 1937 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,nent District No 42 of the City of
Fort Collins , and shall bear interest at the rate of six per
cent (6%) per annum payable semi-annually said interest to
be evidenced by coupons attached to the principal bond and
attested bt the fac simile signature of the City Clerk which
said bonds shall be in denominations of Five Hundred ($500 00)
Dollars each, except Bond No 63 which shall be in the denomina-
tion of $378 42 Each of said bonds shall be subscribed by the
Commissioner of Safety and Ex-Officio Mayor , 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 time as required for the payment of the work herein
provided or the City Council in its discretion, may sell said
bonds to bay such cost in cash as provided in Ordinance No 7 ,
1921 as amended, and anything in this Ordinance or any Ordinance
of the City of Fort Collins to the contrary notwithstanding any
or all of the bonds herein provided for may be sold by the City
Council at public or private sale with or without prior adver-
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tisement and upon such terms and conditions as to it seem
advisable provided however, that such bonds shall not be
sold at less than par plus accrued interest Said bonds shall
be redeemable out of the moneys collected on account of the
assessments made for said improvements including oil surfacing
curb and gutter , all moneys collected from said assessments or
from the sale of bonds for said improvements shall be credited to
Consolidated Improvement District No 42 , 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 one to sixty-three inclusive and shall be redeemable
consecutively, according to number and in the order of issuance
Said bonds shall be issued upon estimates of the City Engineer,
approved by the City Council and the City Treasurer shall preserve
a record of the same in a suitable book kept for that purpose
All of said bonds shall be absolutely due and rayable five ( 5)
years from the date of issue , but shall be subject to call and
payment at any time prior thereto, as provided in Ordinance No 7 ,
1921, relating to local public improvements as amended All
assessments made in Dursuance of this Ordinance together with
all interest thereon and penalties for default in the payment
thereof and all costs in collecting the same, shall, from the
date of the final publication of the assessing ordinance hereafter
to be adopted, constitute a perpetual lien on a parity with the
tax lien for general State County City Town or School taxes
and no sale of such property to enforce any general State County,
Town or School tax or other lien, shall extinguish the perpetual
lien of such assessments herein provided to be made
Section 6 Said bonds and the coupons attached
thereto shall be in substantially the following form
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UNITED STATES OF AMERICA
STATE OF COLORADO
CITY OF FORT COLLINS
CONSOLIDATED IMPROVEMENT DISTRICT NO 42
NO
V
The City of Fort Collins, in the County of Larimer,
and State of Colorado, for value received adknowledges itself
indebted and hereby promises to pay to the bearer hereof, the
sum of Five Hundred ($500 00) Dollars in lawful money of the
United States , at the office of the City Treasurer of said
City, on the 1st day of September 1942 subject to call and
payment , however, at any time prior thereto, as provided in
the amendment to Section 1 of Article XVII of the City Charter,
passed and adopted April 6 , 1920, and Ordinance No 7 , 19212
relating to local public improvements as amended with interest
thereon from date until payment at the rate of six per cent
(6%) per annum, payable semi-annually on the 1st day of March
and the lst day of September , 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 improvements in Consolidated Improvement
District No 42 by virtue of and in full conformity with the
amendment to Section 1 of Article XVII of the City Charter
passed and adopted April 61 1920 , and Ordinance No 7 1921s
relating to local public improvements as amended This bond
is payable out of the proceeds of special assessments to be
lelied upon the real property, situate in the City of Fort
Collins in said Consolidated Improvement District No 42,
especially benefitted 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, and the lien created by said assessing
ordinance together with all interest thereon and penalties for
default in the payment thereof and all costs in collecting the
same, shall, from the date of the final publication of the
assessing ordinance hereafter to be adopted constitute a
perpetual lien on a parity with the tax lien for general State ,
County City, Town or School taxes, and no sale of such property
to enforce any general State County, Town or School tax or
other lien shall extinguish the perpetual lien of such assess-
ments herein provided to be made 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 for said improvements ,
nor the amount authorized by law and it is further hereby
certified and recited that every requirement of law relating
to the creation of said Consolidated Improvement District No
42 the making of said local improvements 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 properly done and performed, and did exist in regular
and due time , form and manner as required by law
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IN TESTIMONY YHEREOF, the said City of Fort
Collins has caused this bond to be subscribed by its Com-
missioner 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 1st day
of Septemoer, 1937
Commissioner of Safety and Ex-Officio Mayor
COUNTERSIGNED
Commissi nr o nance and -Officio
Attest City Treasurer
City Clerk
(Form of Coupon)
No $15 00
On the day of , 19 the City
of Fort Collins will pay to the bearer Fifteen ( 15 00) 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 September 1, 1937 ,
issued for the construction of the local improvements known as
Consolidated Improvement District No 42, provided this bond
shall not have been heretofore paid
Attached to Bond No
City Clerk
Section 7 The Commissioner of Finance and Ex-
Officio City Treasurer is hereby authorized and directed to have
Drinted a sufficient number of bonds of the denomination of Five
Hundred ($500 00) Dollars each numbered from 1 to 63 inclusive,
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 de-
livered from time to time as hereinbefore provided
Section 8 Whenever considered prudent by the
City Treasurer , ne is hereby authorized and empowered whenever
funds may be in his hands, to the credit of Consolidated Improve-
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ment District No 42, including six months' interest on the
unpaid principal to advertise for live (5) 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
(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 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 blayor 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 ( 10) days in the official newspaper 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, and no contract shall be awarded in excess of the
City Engineer' s estimate of the cost of said improvements After
the contract is awarded 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 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
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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 72 1921, relating to local public
improvements , as amended and that the agreed payment shall not
exceed the estimate of the City Engineer and the amount appro-
priated and that upon ten (10) 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 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 con-
tractor at par or whether payment shall be made to the contractor
in money all at the option of the City Council 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 im-
provements 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 direction, supervision and control of the Com-
missioner of Public Works and the City Engineer acting for said
City, and may accept Federal Aid in connection therewith reducing
the expense to the property owners and the District by so much
as shall be obtained from Federal Aid by money, materials and
labor
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Section 10 When the said public improvements
including oil surfacing curb and gutter in Consolidated
Improvement District No 42 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 Collins the cost of oil surfacing thereof shall
be assessed upon all the real estate in said District as the
frontage of each piece of real estate in said District is to the
frontage of the real estate in the said District , and the cost of
curb and gutter or gutter only, as the case may be shall be
assessed against theabutting property in said District as herein-
before authorized, which said assessment for oil surfacing cuhb
and gutter when made and reported by the City Engineer and
approved by the City Council, shall be assessed against the
property in said Consolidated Improvement District No 42 by
an ordinance to be adopted as provided by Ordinance No 7 19212
as amended
Section 11 This Ordinance shall be irrepealable
until the indebtedness herein provided for whenever the same
shall be created shall have been duly paid, satisfied and dis-
charged as herein provided
Section 12 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 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
22nd day of January A D 1937
Corms one f Safety and Ex-Officio
Attest Mayor
i yClerk
STATE OF COLORADO, )
ss
County of Larimer )
I , J D McINTYRE, City Clerk of the
City of Fort Collins, do hereby certify and declare that the
foregoing Ordinance consisting of twelve (12) sections, was
duly proposed and read at length at a regular meeting of the
City Council held on the 22nd day of January, A D 1937, 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 members
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 , and thereafter and on to-wit the 26th day of
January A D 1937 said Ordinance No 1 was duly
published in the Fort Collins Express-Courier a daily newspaper
published in the City of Fort Collins Colorado
IN WITNESS Vs1MEOF, I have hereunto set
my hand and affixed the seal of said City, this 26th day of
January A D 1937
city Uldric