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HomeMy WebLinkAbout002 - 03/20/1936 - RELATING TO THE CREATION OF CONSOLIDATED IMPROVEMENT DISTRICT NO. 40 (EMERGENCY ORDINANCE) ORDINAdCE NO 2 1936 BEING AN EMERGENCY ORDINAITCE RELATING TO THE CREATION OF CON- SOLIDATED IMPROVMENT DISTRICT NO 40 , PROVIDING FOR THE CON- STRUCTION OF IMPROVEMENTS THEREIN, AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF COA,STRUCTION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That pursuant to five petitions , duly filed and presented to the City Council between the 27th day of December 1935 and the 3rd day of January, 1936 , which said petitions were referrea to the City Engineer for investigation ana 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 ana the City Engineer made a further report that saia five petitions should be consolidated and considered as one petition for all purposes And the City Council , by Resolution duly adopted on January 31 , 1936 , ordered the consolidation of said five petitions into one petition for all purposes , and there is hereby created ana 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 40 , comprising the lots and blocks and lands abutt- ing on Remington Street as follows , to-wit Blocks 121, 122, 123 124 125 126 127 and Blocks 131 , 132 , 133 134, 135 136 and 137 Blocks 1, 2 4 , 5 , N 100 feet of Block 6 and N 100 feet of Block 7 , L C Moore' s Secona Addition On East Lake Street , as follows , to-wit Blocks 5 , 6 , W2 of Block 7 and W2 of Block 4 , L C Moore* s Second Addition On East Laurel Street , as follows to-wit Blocks 126 and 127 On West Olive Street , as follows , to-wit W2 of Block 6 and W2 of Block 9 , -1- Scott-Sherwood Addition On West Oak Street as follows to-wit Blocks 101, 102 , 91 , 92 , 81 , 82 71 , 72 Blocks 269 270 , 2791 280 , 289 and 290 Loomis Addition Blocks 1 2 3 and 4 , Washington Place Addition Blocks 1 , 2 , 37 4 , 5 , 6 and 7 , Scott-Sherwood Aadition, that tract of land in the City of Fort Collins known as City Park East from Bryan Avenue extended to Jackson Avenue On Jackson Avenue , as follows , to-wit Blocks 2 , 3 , 6 and 9 , Scott-Sherwood Addition and City Park from Oak Street to West Magnolia Street extended On South Mason Street as follows , to-wit Blocks 101 and 111 On East Olive Street , as follows , to-wit W-2 of Blocks 132 and 133 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 nec- essary. of the entire street area between gutters The mixture for the surfacing to be according to specifications of the City Engineer wnich 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 estimated cost of the construction of said improvement, amounting to $12 ,998 50 , the total frontage is 25 ,338 feet, the cost per front foot for streets requiring surfacing of 37 feet in width 35¢, the cost per front foot for streets requiring 55 feet in width of surfacing, 51 1¢ the cost per front foot of streets requiring 63 feet in width of surfacing, 58 59�, the estimated cost of a 50 foot lot requiring surfacing -2- of the street area 37 feet in width $17 50 requiring 55 feet of surfacing in width, $25 55 , and requiring 63 feet of surfac- ing in width, $29 25 , which amount above stated includes the cost of intersections to be assessed against the property owners for the improvement of said district , and all of the above figures are based upon the assumption that the City will obtain Federal Aid from the W P A in doing the work if such Federal Aid is not obtainable , then the cost will be approximately four times the amounts above given, 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 and 8 of Ordinance No 7 , 1921, as amended, and the cost of the improvement of the street abutting on the City Park, will be assessed against the City of Fort Collins , but no other amounts shall be assessed against the City Section 3 That pursuant to the requirements of the resolution of the City Council duly adopted on the 14th day of February, 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 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, to- gether with the probable cost rer front foot , as shown by the estimate of the City Engineer and to the further effect that on the 20th day of March, A D 1936 , at seven o'clock A M in the City Council Chamber in the City Hall of the City of Fort Collins , -3- 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 the complaints at said meeting held on the 20th day of March, 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 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 witn in all respects and it is hereby ordered that the improvement of Consolidated Improvement District No 40 as provided for in the map , plans and specifications 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 b5 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 fiyea 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 40 , of the City of Fort Collins , and shall bear interest at the rate of six ( 6%) per cent per annum, payable semi- annually, said interest to bd evidenced by coupons attached to the -4- principal bond and attested by the fac simile signature of the City Clerk, which said bonds shall be in denominations of Hundred ( ( Dollars each Each of said bonds shall be subscribed by the Commissioner of Safety and Ex-Offlcio 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 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 40 , ana 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 inclusive , and shall be redeemable , consecutively, according to number and in the order of issuance Said bonds shall only be issued ana delivered by the City Treasurer on estimates and oraer 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 , 19212 relating to local public improvements , as amended Pursuant to the power and 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 -5- 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 MERICA STATE OF COLORADO CITY OF FORT COLLINS CONSOLIDATED 111PROVEMENT DISTRICT NO 40 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 Vie 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 ana 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 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 issuea for the purpose of paying the cost of the local improvement in Consolidated Improvement District No 40 by vi$tue 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 and special assessments to be levied upon the real property situate in the Citj of Fort Collins in said Consolidated Improvement District No 40 especially bene- fitted by said improvement and the amount of the assessment so to be made upon the real estate in said aistrict 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 estimate of the City Engineer, and the contract price for said improvement 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 40 , 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 properly done and performed, and did exist in regular and due time , form and manner as required by law -6- In Testimony Whereof 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 day of , 19 Commissioner of Safety and Ex-Officio Mayor COUNTERSIGNED Commissioner of finance and Ex-Officio City ATTEST Treasurer 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 , 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 40 , 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 regkired 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 Cit Treasurer to be issued and delivered from time to time as hereinbefore urovided Section 8 Whenever considered prudent by the City Treasurer , he is hereby authorized and empowered whenever -7- funds may be in his hands to the credit of Consolidated Improve- ment District No 40 including six months' interest on the unpaid principal to advertise for five days in the official newspaper of said CitS , and call in a suitable number of bonds of said District for payment ana 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 , ana all bonds so issued shall be called and paid in their numerical oraer 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 improvements in accordance with the map , plans and specifications heretofore adoptea 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 then so awarded unaer saia contract shall be under the general control of the Commissioner of Public Works ana in the immediate charge control and supervision of the City Engineer, whose decision in all matters of aispute respecting compliance with this ordinance and the contract maae thereunder , and the plans and specifications , shall be final and binding upon all parties thereto When said contract is awarded 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 -8- exists and of this ordinance and the provisions of Ordinance No 7 , 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 con- tain 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 contractor at par, or whether payment shall be made to the con- tractor 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 ana 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 unaer the direc- tion, supervision and control of the Commissioner of Public works and the City Engineer acting for said City and may accept Federal Aid in connection therewith, reducing the expense to +he property and the District owners a b so much as shall be obtained from y Federal bid by money, materials and labor Section 10 when the said public improvements in Consolidated Improvement District No 40 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 -9- 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 assess- ment when made and reported bj the City Engineer and approved by the City Council , shall be assessed against the property in said Consolidated Improvement District No 40 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 Section 12 In the opinion of the CitS Council an emergency exists for the preservation of the public health, peace and safetj, 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 20th day of March , A D 1936 Commissioner of Safety and Ex-Officio Ala yo r Attest Acting Citj Clerk STATE OF COLORADO , ) ss County of Larimer ) I JESSIE ROBERTS City Clerk of the City of Fort Collins , do hereby certify and declare that the foregoing Ordinance consisting of twelve (12) sections , was auly proposed and read at length at a regular meeting of the City Council , held on the 20th day of 14arch , 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 25th day of March , A D 1936 said Ordinance No 2 was duly published in the Fort Collins Express- Courier, a aaily newspaper published in the City of Fort Collins , Colorado IN WITNESS WH=OF, I have hereunto set my hand and affixed the seal of said City, this 25th day of Yarch A D 1936 �c ing City Clerk