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HomeMy WebLinkAbout008 - 04/17/1936 - RELATING TO THE CREATION OF CONSOLIDATED IMPROVEMENT DISTRICT NO. 41 (EMERGENCY ORDINANCE) r ORDINANCE NO 8, 1936 ) being an emergency ordinance relating to the creation of Consoli- DATED IMPROVEMENT DISTRICT NO 41 PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN) AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF CONSTRUCTION THiREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That pursuant to nine petitions , duly filed and presented to the City Council between the 26th day of December , 1935 and the 7th day of February, 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 nine petitions should be consolidated and considered as one petition for all purposes And the City Council, by Resolution duly adopted on February 21, 1936 , ordered the consolidation of said nine petitions into one petition for all purposes , and there is hereby created and organized an improvement district under and by virtue of the provisions of Ordinance No 7 , 1921 , as amended by subsequent ordinances to be known as Consolidated Improvement District No 41, comprising the lots and blocks and lands abutting on the following streets , to-wit On South McKinley Avenue Blocks 3 and 4 , Scott Sherwood Addition On West Olive Street Blocks 82 and 83, City of Fort Collins On West Magnolia Street East half of Block 73, Blocks 83 and 93, the East 129 3 feet of Block 74, Blocks 84 and 94, City of Fort Collins -1- West Mulberry Street East half of Block 277 and Block 267 , Loomis Addition, East half of Block 2 and Block 3, Westlawn Addition, Blocks 74, 842 942 104, 114, 752 851 951 105 and 115 , City of Fort Collins East Mulberry Street Blocks 124 and 125 , City of Fort Collins West Myrtle Street Blocks 95 and 96 , Gity of Fort Collins West Laurel Street-an 116 Blocks 96 , 1062 the North 5 feet of Colorado Agriculture College Campus , east from Meldrum Street extended to College Avenue Canyon Avenue Block 74 , City of Fort Collins South Loomis Street North 134 29 feet of Block 2 and North 133 48 feet of Block 3, Westlawn Addition The South 55 84 feet of Block 277 and South 56 57 feet of Block 267 , City of Fort Collins South Whitcomb Street South 59 48 feet of Block 267 , Loomis Addition, Block 3 Westlawn Addition and Block 75 , City of Fort Collins South Sherwood Street Blocks 72 , 732 82 and 83 , City of Fort Collins South Meldrum Street Blocks 82 , 831 840 85 , 869 870 92 , 93, 94, 95 and 961 City of Fort Collins East Laurel Street Blocks 136 , 146 , 156 , 137 , 147 and 157 , City of Fort Collins Mathews Street Blocks 137 and 147 City of Fort Collins Peterson Street Blocks 147 148 , 149 1571 158 and 159 , City of Fort Collins Elizabeth Street Blocks 129 , 139 , 149 , 1591 169 , 179 and Blocks 6 , 51 4, 3 2 and 1 of Crafts' Resubdivision of Lake Park Addition Garfield Street Blocks 6 and 7 , Crafts' Resubdivision of Lake Park Addition Remington Street Blocks 6 and 5 , Crafts' Resubdivision of Lake Park Addition, South 413 4 feet of Block 6 , the South 413 4 feet of Block 7 , L C Moore' s Second Addition -2- r 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 ana one-half inches in thickness, and the curbing and guttering where necessary, of the entire street area between gutters The mixture for the surfacing 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 specifications , together with the map , prepared by the City Engineer be and the same are hereby adopted as the map , plans and specifications for said consolidated district , and said work of construction of said improvement is hereby ordered to be done in accordance therewith, as provided by law, together with the esti- mated cost of the construction of said improvement, amounting to $16 ,610 49 for surfacing and $7 ,028 60 for curb and gutter, or a grand total for both surfacing and curb and gutter of $23 ,639 09 , the total frontage is 31 ,700 feet , of which 30 ,940 lineal feet is along streets requiring a surfacing of 55 feet in width and 760 lineal feet along a street requiring surfacing 32 feet in width, that the total amount of yardage of oil surfacing material is 114,280 square yards that the present amount of curb and gutter required is 11,300 feet and gutter alone 4100 feet that the cost per front foot on streets where the surfacing is 55 feet in width is estimated at 52 7¢ per front foot, that the cost per front foot on the street where the surfacing is 32 feet in width is estimated at 33 5¢ 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 GY P g in carrying out the improvements that if the same should be done by private contractors , it is estim&ted the cost would be approximately four times the amounts above specified, that as an -3- example the following 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 , $26 35 , for a lot having a 50 foot frontage where the width of the surfacing is 32 feet , $16 75 , and all costs 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 ana 8 of Ordinance No 7 , 1921 , as amended and the total cost of the improve- ment of the street will be assessed against the property abutting on said streets , but no amount shall be assessed against the City Section 3 That pursuant to the requirements of the resolution of the City Council duly adopted on the 13th day of March A D 1936 , due notice was given to the owners of the property to be assessed, by due and awful publication in The Fort Collins Express-Courier , a daily newspaper of general cir- culation 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 , as shown by the estimate of the City Engineer and to the further effect that on the 17th day of April A D 1936 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 oblections 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 -4- notice , the said City Council did sit to hear the complaints at said meeting held on the 17th day of April , A D 1936 , 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 impro- vements 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 Consolidated Impro- vement District No 41 as provided for in the map , plans and speci- fications heretofore adopted by the City Council , and approved in this ordinance , be and they are hereby ordered to be constructed Section 5 For the purpose of paying the cost of said improvements , less any Federal assistance received, bonds of the City of Fort Collins are hereby authorized to be issued by the Commissioner of Finance and Ex-Officio City 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 Consolidated Improvement District No 41, 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 by the fac simile signature of the City Clerk, which said bonds shall be in denominations of Hundred (0 ) Dollars each Each of said bonas 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 -5- 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 pro- vided , or the City Council , in its discretion, may sell said bonds to pay such cost in cash , as provided in Ordinance No 7 , 1921, as amended 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 Consolidated Improvement District No 41, and the funds so collected shall only be used for the pay- ment of the work of construction of said improvements and the interest thereon Said bonds shall be numbered from one 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-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 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 Pursuant to the power ana authority contained in Section 29 of Ordinance No 7 , 1921, relating to local public improvements , as amended, the payment of all the bonds issued in pursuance of this ordinance are hereby guaranteed by the City of Fort Collins Section 6 Said bonds and the coupons attached thereto shall be in substantially the following form UNITED STATES OF AMERICA STATE OF COLORADO CITY OF NORT COLLINS CONSOLIDATED IMPROVEMENT DISTRICT NO 41 NO -6- 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 pro- vided in the amendment to Section 1 of Article XVII of the City Charter, passed and adopted April 6, 1920 , and Ordinance No 7 , 1921, relating to local public improvements , as amended, with interest thereon from date until payment at the rate of six (6%) per cent per annum, payable semi-annually on the day of , and the day of , at the office of e i y and of the City of Forto lins , 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 District No 41 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 , 1920 , and Ordinance No 7 , 1921, relating to local public improvements , as amended This bond is payable out of the proceeds ®f special assessments to be levied upon the real property situate in the City of Fort Collins in said Consolidated Improvement Dist- rict No 41, especially benefitted by said improvement , 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 ordinance, 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 esti- mate of the City Engineer, and the contract price for said improve- ment , 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 41, the making of said local improvement and the issuance of this bona , 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 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 , 19 Commissn6r o S ty and Ex-Officio Mayor COUNTERSLGNED Attest Commissioner of Finance and Ex-Officio City Treasurer City Clerk -7- (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 1936 , issued for the construction of the local improvement known as Consolidated Improvement District No 41, 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 printed a sufficient number of bonds of the denomination of Hundred ( ) Dollars each, numbered from 1 to 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 delivered from time to time as herein- before 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 Consolidated Improvement District No 41, including six months' interest on the unpaid princi- pal , 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 (30) days from the first publication, interest on said bonds so called dhall 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 Mayor is hereby authorized and empowered to advertise for bids for the construction of said -8- 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 esti- mate 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 urice , 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 awardea it shall con- tain 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 the provisions of Ordinance No 79 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 appropriated , 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 -9- 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- trgctor 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 improvements , 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 Commissioner of Public Works and the City Engineer acting for said City, and may accept Federal Aid in connection there- with, 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 Section 10 When the said public improvements in Consolidated Improvement District No 41 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 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 all the real estate in the said District , which said assessment 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 41 by an ordinance to be adopted as provided by Ordinance No 7 , 1921, 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 discharged as herein provided -10- 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 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 unanimous vote of all the members of the City Council , this 17tn day of April , A D 1936 Co M74s one o Safety and Ex-Officio Mayor Attest City C erk 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 17th day of April A D 1936 , 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 21st day of April, A D 1936 , said Ordinance No 8 was duly published in the Fort Collins Express-Courier , a daily newspaper published in the City of Fort Collins, Colorado IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City, this 21st day of April , A D 1936 City Cl rk