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HomeMy WebLinkAbout002 - 03/07/1941 - RELATING TO THE CREATION OF CONSOLIDATED IMPROVEMENT DISTRICT NO. 45 (EMERGENCY ORDINANCE) ORDINANCE NO 2, 1941 ) BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF CON- SOLIDATED IMPROVEMENT DISTRICT h0 45 , PROVIDING FOR THE CON- STRUCTION 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 That pursuant to 28 petitions , duly filed ana presented to the City Council on January 10, 1941 ) which said petitions were referred to the City Engineer for investigation and report and were by said City Engineer re- ported back to the City Council as being signed by the owners of more than one-third of the frontage in the proposed dis- trict , and the Commissioner of Works and the City Engineer made a further report that said 28 petitions should be con- soliaated ana considered as one petition for all purposes And the City Council , by Resolution duly adopted on January 101 1941 , ordered the consoliaation of said 28 petitions into one petition for all purposes THEREFORE, 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 Improve- ment District No 45 , comprising the lots and blocks ana lands abutting on the following streets , to-wit McKinley Street from Laporte Avenue to Mountain Avenue Washington Avenue from Laporte Avenue to Mountain Avenue Shields Street from Mountain Avenue to Olive Street Grant Avenue from Mountain Avenue to 1ulberry Street Loomis Avenue from Laporte Avenue to Magnolia Street Whitcomb Street from Myrtle Street to Laurel Street Laurel Street from Whitcomb Street to Melarum Street Sherwood Street from Myrtle Street to Laurel Street Olive Street from Mason Street to Melarum Street Olive Street from Grant Avenue to Washington Avenue Canon Avenue from Howes Street to Sherwood Street Chestnut Street from Jefferson Street to Walnut Street Plum Street from Smith Street to Stover Street Locust Street from College Avenue to Peterson Street Locust Street from Whedbee Street to Smith Street Garfield Street from Remington Street to the Experiment Station Farm Edwards Street from College Avenue to Whedbee Street Buckeye Street from alley in Block 2 of Moore' s First Addi- tion to Whedbee Street Lake Street from west City Limits to College Avenue Lake Street from alley in Block 7 of Moore' s Second Addition to alley in Block 9 , Moore' s Third Addition Remington Street from Plum Street to Elizabeth Street Remington Street from Garfield Street to Pitkin Street Mathews Street from Plum Street to Pitkin Street Peterson Street from Elizabeth Street to Prospect Street Wheabee Street from Elizabeth Street to alley in Block 4 of Moore's Third Addition Smith Street from Garfield Street to Edwards Street Alley through Block 132 , Oak Street to Olive Street Alley through Block 2 of Moore' s First Addition, Pitkin Street to Buckeye Street 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 mix- ture 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, -2- 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 Improve- ment District, and said work of construction of said Improve- ment District is hereby ordered to be done in accordance therewith, as proviaed by law, together with the estimated cost of the construction of said improvement , amounting to $78,388 48 for surfacing and 06, 885 37 for curb and gutter and $147 37 for gutter only and $1 ,911 85 for water connec- tions and $712 44 for sewer connections, or a grand total for surfacing, curb and gutter, sewer and water connections of $88,045 51 , that the total frontage is 46635 22 lineal feet , that the total amount of yardage of oil surfacing material is 137,988 square yards , that the present amount of curb and gutter required is 5 ,439 54 feet and gutter alone is 232 85 feet , that 54 water connections will be required and that 19 sewer connections will be required, that the cost per front foot on said streets is estimated at On 100 foot streets $1 73 per front foot , on 60 foot streets $1 00 per front foot, on 20 foot alleys 560 per front foot , that the cost per front foot for curb and gutter is $1 2658 and the cost per front foot for gutter only is 63 290 and the cost for each water connection on a 60 foot street is $28 05 each and on a 100 foot street is $36 50 , ana that the above figures include al- location against the entire cost for one-half of the street intersections, the remaining one-half to be paid by the City, that as an example the following is a statement of estimated costs For a 50 foot lot fronting on a 100 foot street for oil surfacing $86 50, or $149 79 for oil surfacing, curb and gutter, or $118 14 for oil surfacing and gutter , and for a 50 foot lot fronting on a 60 foot street for oil surfacing -3- J $50 00 or 4113 29 for oil surfacing, curb and gutter, or $81 64 for oil surfacing and gutter, to which then shall be added the cost for water and sewer connections where required to be made, that if W P A assistance is obtained, the cost will be reduced in proportion to the amount of assistance obtained All costs including oil surfacing, curb and gutter or gutter only and sewer and water connections are to be assessed against the owners of lots ana lands in said aistrict 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, except one-half the cost of street inter- sections and the portions of the streets occupied by street car tracks That curbs and gutters where not now in place conformable to the ordinances of the City of Fort Collins are hereby ordered constructed or repaired or reconstructed upon all property in said Consolidated Improvement Distiict No 45 and sewer and water main connections where not now made are hereby ordered to be made, and the City Council shall take appropriate action by Resolution to require the construction or repairing or reconstruction of said curbs and gutters in conformity with Ordinance No 6, 1930, of the City of Fort Collins , ana to require sewer and water main connections in accordance with Section 26, Ordinance No 7 , 1921, 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 con- struct or repair or reconstruct said curbs and gutters or cause said work to be done and make said connections with the sewer -4- and water main, ana charge and assess the costs thereof against the abutting property, in like manner and in the same assessing orainance to be hereafter aaopted as the cost of oil surfacing shall be assessed and certifiea to the County Treasurer as proviaed by ordinances and law, and the bonds herein authorizes to be issued shall be payable not only out of the special assessments levied to defray the cost of sur- facing the streets within said district, but also out of the special assessments levied upon the property in said district abutting the streets for curb ana gutter or gutter only and sewer ana water main connections, pursuant to the supplement- ary proceedings to be taken unaer said Ordinance No 6 , 1930 and Section 26 of Ordinance No 7, 1921 of the City of Fort Collins Section 3 That pursuant to the requirements of a Resolution of the City Council, duly adopted on the 24th day of January, A D 1941 , due notice was given to the owners of the property to be assessed, by due and lawful publication in The Fort Collins Leaner, a weekly 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 ana the time in which the cost would be payable , the rate of interest on the unpaia and aeferred 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 7th day of March, A D 1941 , at seven o' clock A tai , in the City Council Chamber in the City Hall of the City of Fort Collins , the City Council would hear and -5- determine all complaints and objections that might be made and filed in writing concerning the proposed improvements by the owners of any real estate to be assessed, that in pursu- ance of the said notice, the said City Council did sit to hear the complaints at said meeting held on the nth day of March, A D 1941 , at seven o' clock A IVI , 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 ana the resolutions and notices required by law to be given in respect thereto before the aaoption of an Ordinance oraering said improvements , have been observed and complied with in all respects , and it is hereby ordered that the improvements of Consolidated Improvement District No 45 as provided for in the map, plans and specifications hereto- fore 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 , incluaing oil surfacing, curb and gutter, ana sewer and water main connections , bonas of the City of Fort Collins in the aggregate principal amount of $88,000 00 are hereby authorized to be issued by the Commissioner of Finance and Ex-Officio City Treasurer of the City of Fort Col- lins , which said bonds shall bear date of November 1, 1941, and in such form as may be approved by the City Council after sub- mission by the Commissioner of Finance , said bonds shall bear the name of Consolidated Improvement District No 45 of the City of Fort Collins , and shall bear interest at the rate of six per cent (6%) per annum, payable semi-annually, said int- erest to be evidenced by coupons attached to the principal -6- bond and attested by the facsimile signature of the City Clerk, which said bonds shall be in denominations of Five Hundred ( $500 00) Dollars each Each of said bonds shall be subscribed by the Commissioner of Safety and Ex-Officio Mayor, counter- signed 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 costs 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 proviaed for may be sold by the City Council at public or private sale, with or without prior advertisement ana upon such terms and conaitions as to it seem advisable Said bonas shall be redeemable out of the moneys collected on account of the assessments made for said improvements , including oil sur- facing, curb and gutter and sewer and water main connections , all moneys collected from saia assessments or from the sale of bonas for said improvements , shall be credited to Consolidated Improvement District No 45 , ana the funds so collected shall only be used for the payment of the work of construction of said improvements ana the interest thereon and collection cost Saia bonds shall be numbered from one to one hundred seventy-six, 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, ana the City Treasurer shall preserve a record of the same in a suitable book kept for that purpose -7- All of said bonds shall be absolutely due and payable ten (10) years from the date of issue, but shall be subject to call and payment at any time prior thereto, as provided in Ordinance Ito 7, 1921, relating to local public improvements, as amended All assessments mace in pursuance of this Ordi- nance, 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 orainance hereafter to be adopted, constitute a per- petual lien on a parity with the tax lien for general State, County, City, Town or School taxes, and no sale of such proper- ty 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 Sala bonds and the coupons attached thereto shall be in substantially the following form UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLINS CONSOLIDATED I14PROVE14ENT DISTRICT NO 45 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 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 November, 1951, 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 Char- ter, passed and adopted April 61 1920 , and Ordinance No 71 1921, relating to local public improvements, as amended, with interest thereon from date until payment at the rate of six per cent (6J) per annum, payable semi-annually, on the 1st day of May and the 1st aay of November 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 improvements in Consolidated Improvement District No 45 for street oiling, curb and gutter, and sewer -g- and water main connections , by virtue 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 77 1921, relating to local public improvements, as amended This bond is payable out of the proceeds of special assess- ments to be levied upon the real property, situate in the City of Fort Collins in said Consolidated Improvement District No 45 , 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 inter- est , is a lien upon the said real estate in the respective amounts to be apportioned to said real estate and to be assess- ed 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 assessments 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 Consolidat- ed Improvement District No 45 , 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 ren- der 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-Officao 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 facsimile signature of the City Clerk as of the lst day of November , 1941 Commiss o of 4ty and Ex-Officio Mayor COUNTERSIGNED Commissioner of Finance and Ex-Officio Attest City Treasurer City Clerk -9- (Form of Coupon) No $15 00 On the day of , 19 the City of Fort Collins will pay to the bearer Fifteen—TF15 00) Dollars in lawful money of the United States, at the office of the City Treasurer of Fort Collins , Colorado , being six (6) months ' interest on its local improvement bond, dated November 1 , 1941, issued for the construction of the local improvements known as Consolidated Improvement District No 45 , 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 Five Hundred 4500 001 Dollars each, numbered from 1 to 176 , inclusive, as is required to meet the estimated cost of said improvements as herein provided, and when said bonas 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 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 Improve- ment District No 45 , including six months' interest on the unpaid principal , to advertise for five ( 5) days in the official newspaper of said City, and call in a suitable number of bonds of said District for payment, ana at the expiration of thirty ( 30) aays from the first publication, interest on said bonds so callea shall cease The notice shall specify the bonds so called by number, and all bonds so issued shall be called and paia in their numerical order -10- Section 9 Upon the taking effect of this Ordinance, the Commissioner of Safety and Ex-Officio Mayor is hereby authorizea and empowered to advertise for bids for the construction of said improvements in accordance with the map , plans and specifications heretofore aaopted, which adver- tisement 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 adveltisement shall be submitted to the City Council for approval or rejection, and no contract shall be awaraed 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 approvea by the Commissioner of Safety and Ex-Officio Mayor, and the work of construction when so awarded under said con- tract shall be under the general control of the Commissioner of Public Works ana City Manager and 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 made thereunder , and the plans and specifica- tions , shall be final ana 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 emists and of this Ordinance, and the provisions of Ordinance No 7, 19213 relating to local public improvements, as amended, and that the agreed payment shall not exceed the estimate of the City Engineer and the amount appropriatea, and that upon ten (10) days ' notice the work under saia contract , without cost or claim against the City of Fort Collins , may be suspended for sub- stantial cause, and upon complaint of any owner of real estate -11- to be assessed for the improvements that the improvements are not being constructea 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 contractor 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 City Manager, the Commissioner of Public Works and the City Engineer acting for said City, and without obligation so to ao 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 Section 10 When the public improvements , incluaing oil surfacing, curb and gutter and gutter only and sewer ana water main connections in Consolidated Improvement District No 45 shall have been completed and the same approved by the City Engineer ana recommended for acceptance by said officer , ana auly 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 -12- of each piece of real estate in said district is to the front- age of all the real estate in the said district , and the cost of curb and gutter or gutter only and sewer and water main con- nections, as the case may be, shall be assessed against the abutting property in said District as hereinbefore authorized, which said assessment for oil surfacing, curb and gutter or gutter only and sewer and water main connections , when made and reported by the City Engineer and approved by the City Council, shall be assessed against the property in said Con- solidated Improvement District No 45 by an Ordinance to be adoptea as provided by Ordinance No 7, 1921, as amended Section 11 This Ordinance shall be irrepeal- able 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 City Coun- cil 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 Introauced, read at length , and adopted by the unanimous vote of all the members of the City Council this 7th day of March, A D 1941 Commis ner of Safety and Ex-Officio Mayor Attest '�J City Clerk -13- STATE OF COLORADO, ) ss County of Larimer ) I. MILES F HOUSE, City Clerk of the City of Fort Collins, do hereby certify ana declare that the foregoing Orainance, consisting of twelve (12) Sections, was duly proposea and read at length at a regular meeting of the City Council , held on the 7th day of March, A D 1941, and was duly adopted and ordered published in the Larimer County Coloradoan, a weekly 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 13th day of March, A D 1941 , said Ordinance No 2 was duly published in the Larimer County Coloradoan, a weekly news- paper 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 13th day of March, A D 1941 City Clerk PROOF OF Pilo 1CATION Tarimer Tountg Tolorndoan STATE OF COLORADO as COUNTY O/F/LARIM/E,IRRR g� Ae �f�'�rtiE�O> �—.�.ya do solemnly swear that I am the '�J�"` �� � of the Larimer County Coloradoan that t9e sameKis a public weekly news paper printed in whole or in part and published in the County of La imer State of Colorado and has a general circulation there n that sa d newspaper is the continuation of the Fort Collins Leader and the Mountain and Plains Weekly which we a weekly public newspapers and were publish d cant nuously and uninterruptedly in as d Cot my of La line for a per od of more than fifty two consecutive weeks p for to February 1 1941 and on said date they were consolidated and since said date they were continued and published as the La mer County Coloradoan That as the Fort Coll ns Leader and as the Mountain and Plains Weekly prio to Feb us y 1 1941 and as the Larimer County Coloradoan since February 1 1941 the said Larimer County Colo a doan has been published continuously and uninterruptedly in said County of Larimer State of Colorado for a period of mo a than fifty two consecutive weeks neat prior to the first publication of the annexed legal notice o advertisement that sa d newspaper has been admitted to the United States mails as second class matter under the provis one of the Act of March 3 1879 or any amendments thereof and that as d newspaper is a weekly newspaper duly qualified for publishing legal not ces and adve t sements w th n the meaning of the laws of the State of Colorado that copies of each number of sa d paper in wh ch said notice or adve tisement was published were transmitted by mail o c rier to each of the subscr bers of said pape acco d ng to the accustomed mode of business in this office That the annexed legal notice or advertisement was publ shed in the regular and entire issue of every number of said weekly newspaper { for consecutive issues and that the first publicat on of said notice was in the issue of said newspaper dated — !!2Z A't�l—? A D 194E and that the last publ cation of said/notice was in the issue of sad newspape dated A D 1944 IN WITNESS WHEREOF I have hereunto set my hand this/3 tlu ��/day of A D 194L Subscribed and sworn to before me a notary public n and for f the County of Larimer State of Colorado this Oe 3 440 day of A D 194L k My, commission expires 194-L IF Notary Public { Publication Fee $ Attorney Paid by on { OUB to Womplerta. xvn. a. Bevva„u..a va a. ea.vea sees. sees sees .-... .. .�. .. Canon Avenue from ,Howes Bed aealnet the property o abutting Le. date at November 1. 294L and eonatrucUOn of the In-) Improve- 'IN Street to Sherwood Street. n Said treats,but n a ..I shall in such form as may.be aroved by manta known as Cc..oildwed Im- here, Chestnut Street from +ertar- on amassed against the City, except the City Council ,tar submission provement District NO. 45. provided We I eon Street to Weiser Street one-half the does Of Street Internet' by the Commleeioner Of Finance: this basd alcall not have been herw- of M Than Street from Smith Street lions and the Portions of the air... S Id horde a hall bear the a of inform amid. to Stover Street. Occupied by street r trucks. That Conaolldutea Improvement District Attached to Bond No. Leemd street from Call... 0 rbe..ittatters where not^ow I. a 45 of the City of Fort Collins, (SEA Avenue to Peter... Street. place m m torabb ro to the Ordinaneee and shall base Intest at the rota City Clerk. Larle Locust Street from Whadbee t the City of Fort Collins Are here- of six Percent(6%)per an....par- Scoter. T. The Commlmlonse of Maros Street to Smith StreeL by ordered constructed or repaired able 1-annually, mid Intenet to Finance and Ei-Otaelo CityTnes- r 4- Gerfleld Street from Reming- r e W reconstructed Upon All Property be lde and by up.ne attached ur r IS hereby an ¢ b th.rleed d d , ton Street to the Experiment in said Cromlldabd Improvement to the Principal bond and attested. rested to have printed a sufficient Station Farm. District No. 45 and..are and water by the facsimile signature of the number of bonds at the deeomina- Edward. Street from College main Go...Oil... Where at now City Clerk. Which Said bond. hall it.. of Five Hundred ($500.00) Dol- Avenue to Whadbee Street. made are hereby ordered to be made, be In denomination. of Five Hue- jars each, numbered from 1 to ITS, Buckeye Street from .,ley In sad the Cit Council shall take ap- Bred ($500.00) Dollar.each. Each of mCl^slve,as le .,.lead to meat the Block 4 f Moore'. Prat AQdi- proprlate action by Resolution Co Sold bonds shall be a bscribed by mOthated coat of Said Improvement. Lion to Whadbee Street. require lee Construction OF .pair- the Commleloner of Safety and Ex- a hareln MuvMed, a d when - id Lake Street from west CRY In8 or eec0 truOUo^ of eaid curbs OMolo Mayor, e u leralgned by the horde.ball have been duly prepared. Limps to College As.... d gutters In comfe,ra fty with Or- CommWio.ar of Pinnace and Ex- they shall be retained by the City rom Lake Street f alley in direst. No. 0, 1980, of the City at Offiek, City Treasurer, anfl attested Treasurer to be Issued and delivered Block T of Moore'.Second Add[- Fort Collins. and to requite sower by the City Clerk with the corporate from it.. to time as haeelnbefora ties to alley In Black 9. Mmre'e and water main connection. In ac- mal of the City.and registered with provided. Third Addition. ordanee with Section 26,Ordinance the City Treasurer,and shall be de- S.Fth. S. Whenever Copaidmred er Reinat.. Street from Plum No. T itni 1921, t the CIty, at Fort Col- livered from time to time as r - prudent by the City Treasurer. he Street to Elisabeth Street. Be% Bud them a {ant it...by gSir" far the payment f the work is hereby uth,rlm, and 6epower- Remington Street from Oar- the property owners within thirty herein provided-r the City Counell, d. Whenever food. may be in him field Street to PRAM Street. (30) days from the date of Service in Its discretion.may sell said bonds hand. to the credit Of C....Banned Mathawe Street from Plum of Said Resolution On, In Bald ordl- to Day such cow In m h, as pre- Improvement District No.43,mahol- Street to Pitkin Street. ... provided, the City shall ah.- vided an Ordinance N. T, 1921, Ing .1. m nthg Interest n the On- Peterson Street from Ella,- atruct or repair or reconstruct maid ended, and anything In this OY Paid prlselml. to dvertlpe for five bath Street to Prompect Street curbs and gutter. o e said distance or any Ordinance Of the City (5) days In the oMclal newspaper Whadbee Street from Mlhi work to be done and make mid of Fort Collins to the contra"not. o1 old CRY, d call In ,suitable both Street to ,ley in Black 4 connections with the sewer and - Ithatanding, my nit Of the number of bah,.of ante District for of Mohre's Third Addition, ter main,an charge and ae a the ponds herein provided for nay be payment, ad at the rMiratiOn of Smith Street tram Garfield coats thereof against Me hutting Bold by the City C....11 At public Lnirty (30) dare from the Bret Dub- elroet [c Hdwarde 8treat. pro Berty. In ilk.manner and In the or Private ale, with or without Ilmbtoe, Interest o old bond. So Alley through Block 132. Oak mmeeing ordi..rO. to be prior advartlea..nt and upon ouch roiled shall cease. The notice shall Street to Olive Street bermiter adopted.the Fort f all term. d dlthm- as b It .eem specify the bend.So .lied by mum: Ate, through Block E of mzfacln[shall be..eased and car- advisable. Said hand. shall be re- her and ail bond.ea Issued anal,be M.,W. First Adation. PlUds tiflm to the County Tr......I ve d...ble out of the mone y. col- allied and Daid In their ....Final Street to Buckeye Street provided by rdt.m,om anfl law.and [acted on account of the amen- Order. Section 2. That the Bald p.ttti... the bond. herei. authorized to be end mods for said improvemented. SSGR.a 9. Upon lbe ankle, Nett prayed for Me Im Dr......I of the turned.hall be Payable not Only out It din, ^II a rfacing cur a el'this Drill nantt,the Commissioner mid dletrlec by grading and.uF[x- of the special men, levied to matter and sewer and water main t Safety and Ex-Of^ 10 Mayor la Ing with a mixture of oil and gravel. defray [he oast o[ surtacing the nectihna: all ermoney- cotlmted he shy authorised and empowered. approximately two and one-half street.within Itl district. but abo from aid m Be ante Or from Me to advertise for bids for the co - inche. 1. thlck.m.,and the c.r0ing out of the eyeCJai assessments levied Bale of bonds for mid improvement., ..ruction of aid Improvement. In .ad gulterin8 where ...weary Of upon the Property I. mid dtstrlet hall be credited to C.m.11dated accordance with the ap, ptell.end Che entire street area between gut- .ninon[ the treat. tar Our rn and Imbrue....I District No.45,and the wparl"O.R.n. It...w ere adopted OHYYNANat NO. X 1N1 .era• the mlxtare for the ."Madam mutter Or [miler on¢ ad rower funds so collected -ball Billy be hick ad,,YtI.emagt shall n t be BEING IN EMERGENCY GADS- to De according to .eclflcallon of and water eh, connections, Dar- a ed for the payment f the ark I...than ten (10) days In the.110.1 NANCE RELATING TO THE CRE- the City, Engineer: Specification aid Pell- stunt a the aupplementary Proceed- of construction of Sold Improve- ewepaper publlenea In the City f ATION OF CONSOLIDATED Ed- Um.were made era wed under the Irma to De taken under Id Oral- .,onto and the interest thereon a d Fort Collin., and 11 bids ec Ived PROVEMENT DISTRICT NO. 45. provamlone hf and Ordinance No. T, Games No. 6, 1930 d mention PB t collection cast. Said bands hall ba under Id .verbleamant shall be PROVIDING FOR THE CON- 1921,as amended:and that the plane Ordinance No. T, 1921 Of the City of numbered from on to one hundred submitted to the CRY Council for aTRUCTION OF IMPROVEMENTS Sold menifimtm.,together with Me Fort Cotb-. eevevtY-Mlz. Ind".Ive, nd ceall be approval r rejection,City nd nc eo THEREIN, AND AUTHOAPLINO an prepared by Na City En[mear, Bastion 3. That pursuant to the radeemaDle c n.ecullveury, a c rain[ Dart hall be awarded I^ ...... .I THE ISSUANCE OF BONDS TO map and the Sam are hereby adopted requirements f a Resolution Of the to number and In the order of lam- Lna City Engineer'. estimate Of the PAY THE COST OP CONBTRUC- a Me Step. Plans and reification. City Council.of adopted on the Sao . Said bond. shall be limited het it eem Ie r' .stun to Attar TION THEREOF, for Bald Improvement District. e d 34ti dew of January.A.D.wner doe .pen approved by of the CIty EastCouncil, Bud the contract 1.awarded for the..a- mid work of ...o ai.. f mid ties a elver to the where a pproity re she City Caundh 0 tructin. be City Council hall to- BE IT ORDAINED BY THE CITY Ine,nm smael District le hereby Or- she property to De vasan.e4 by due lne GItY Treasurer aha11 preserve a ye)re a bond for the faithful Der- COUNCIL OF THE CITY OF FORT dared to be do.. In ac ord.... nd lawful publication In The Fort record of the Sam. In ..liable [I rasa to f the Same of not less COLLINS: therewith; a Provided by law, to- Collins Leader. mk1Y newspaper book kept for that porous.. All of than the full contract Drl.. with Senile.1. That tm,m.nl to 28 De- mother with the estimated cost of of general circulation In the City ed Bala payabbondsle chaff 0) absolutely due sufficient surety o sundae to be tillona, duly wed ad preeantad to the co^atruetton at Id Improve- Fort Celllnq for a period t e proof of and D.rable tan (10�lean from the y ved by the Commissioner f the City Council on January 10,1941. went unou it.. to,$79,998.48 for by law, as shown by the office f toca t and but hall be subject IifaCWy d Ex-Offlcio Mayor, and Which aid petitions were referred Surfacing and$9.996.37 for curb and Publication o Elm In [h a (fl of l0 11 d mY.ant [ ny timehe p as N the City Ilnglnneer far Invmit- utter d $147.37 for [utter my the City Cleck, which IO notice prior thereto, provided In Ord,. awarded k under a Itl,chntraco,nhall fallen and report and by mid and $1,911.86 for water Connections to the owner. [ the Properly i No. T, 192E retailer as to local be under the general central at the City Engineer reported back to the and $732.44 for ewer connections to b. aeeesead and Oasignv[ad the public Improvamentq a. amended Commissioner o[ Public Works and City Council .being signed by the or a grand total for suffering, curb kind of Impr^vemente proposed, the All assessment. made in pursuance City Malinger and u the Immediate f more then one-third of and gutter. sewer and water an. number of Ineaa Would and the time of this rna Otherence,and pen with II merge, control and supervision of the franca[. Is the proposed die- action of $99.045.61; teat the total to wrath of noel st on be San p id default [hereon antl theRlm for Irltb: and the Commissioner f front.. le 48635.22 Racal feet;that Na rate a Inters.[ a, paid .11 .. o the payment thereof nd the l ma Ev.l of d whose decision ng Works and the City Engineer mafle the local amount of yardage I fill Bud deterred Inetallmenb. the ex- ❑ costa In eolleetlnh the e e In all ttere t thin ..na. ad further report that Sam 89 petl- s"reacbg material ae 131,088 Steele tent of the district ImOroved to- abaft, from lba date f the anal compliance with tole Urdinanee and [ions should be consolidated nd yards;that the present account Of ,ether with the probable at car pvbti h...after[to sea opte ordl. the ans a ace Neal.. . d conelflered one petltlon [oraW urD nd [utter qulred le 6,419.64 Ron[ tact a hewn by the tl- pence nimaof h Da adopted, car- the Plane and peddeaHone, shall Durpoeee. And the DILY Counell, by feet and water alone I. E38.96 feet: mate o[ the City Enmineeq d to eU[uN a DerDa[usl Ilan o DaritY be final and binding upon all par- Poteme ton day a City on Janu- that n abet connections will be the further offset that n thaa. t UP Itb the Inx Ilan far ganeeal Slate. [Ian [heroic. When said tract is y l0. on Berea adopted the o naJanu- rat 54 and that n a war ill be day f March. A.D. 1941, at eve C...IT, Cl,,Town or School tnxee, warded It shall contain claI he Ron of said 28 petition. Into ..a it... Will be required; that Me o lock A.M.. in the City Council and no Sala f Much property to en- the effect that it Ian -ubiec, [o the petition for all purposes. THERE- Greet per front tool Sold street. Clamber In the CI% Hall f the fare. any general 8b[eo, County. Provislona of the onartei d [the FORE, there 1. hereby created and to estimated at: On 100 toot streets City of Fort Collins,the City CouncilTown or School tax. Or ther lien, laws under which the CRyy o[ Fort organized n improvement d1e[dc[ $1.T8 per eronl foot, n 00 tootwould hear and determine all o - shall extinguish the Perpetual llm Collins..June and of Lola is ".gar d by mpr.11b he the proof- base r f par front 4 on EO plmints and oble"I..e that might be at ouch.........ta herein provided ad the Dro,h,..e of Ordinance No. •ton of OrdinanceNo. $ 1083, ae loot alleys e6O par front foot; [hat made and flied 1. writing concern- to be mae. T, 1921, relating I. local .bit. Ian-I amended by Bubse eat ordinance.. the cost per front toot for curb and ing the proposed Improvements by Bmtioa B. Said bonds a d Me PravemBnba. as dad: and that, to be known R n. ]mace Ian- matter b $S.E666 and the post per the own of r Sal estate to coupon.attached.thereto shall be In the alit ad Dayof h e C tl n [mcaed provement District No. 45, oo pile- front [hot for1.2 69 an thenly Is BB.Per be a.erred; that In pursuance 1 sUbebantlally the fo]10wing form: a0 eeNratO [ the Clcy Engineer.. M, the Iota bNo. anfl lati. a d the cost far each atei n 03.29. the said notice,the Said CRy Ceuncll UNITED STATES Or AMERICA and the -.net npprm,FI.ted, end. M, the on the blackhAlau lam lead. tlad the B 60 foot.Rest is Water o6 emn did sit to bear the BOOM WAS at SPATE OF COLORADO Nat upon bn (10)e days• nation the Co-wlt and a 100 foot ,treat 1. $30.60, ..,it meeting held on the Ttn day CITY OF FORT COLLINS cork under said contract, INout MoRlinley Street from "parts and that the above figures [noted. of March,A.D.1941.at aevan o Clock CONSOLIDATED IMPROVEMENT cal claim se met the CHI of Avenue to Mountain Avenue. allocation aganst the entire coal A.M., and that no complaint. In DISTRICT NO. 45 Fort Cattle., BY be ^..ended for Washington Avenue from Lit- far one-half of the street Intermee- with.,concerning the proposed Ian- No substantial cause, and upon cam- ports Avenue to Mountain Ave- it.., Me .mccomm, one-halt to be Droveante had then and there been The City f Fort Caltr., in no piglet of any co of real saute e. paid by the Clty:that an An example died with the City Clerk. County of Lorimer, and Bate of to be uaseemnd for the Improvements n Shields Street from Mountain the following In a statement Of eatl- Bootton 4. The City Council find. Colorado, for value renslvsd, ao- that the improvements accord are not being Avenue to Olive Street. meted costs; For a 50 fuel lot treat- that .11 the requirements of the ...wisdom.Itself Indebted and here- constructed in .e d dens wean the Grant Avenue from MOUnam Ing on a 100 foot street for Gil sor- Statute respecting the D.Ltbn for by promisee to pay the bearer here- contract. then the city Council Tay Avenue to Mulberry Street. lacing $86.50. or 4149.79 for oat r- said Improvements and the ee lu- or, the um of Five Hundred ($590.- con Ider the complaint and ..it. Loomis Avenue fro Laporte facing, c b and mutter, or $118.14 floe, and notice. required by law 00) Dollars an lawful money f the such order may be lust and It. Avenue to Maenolla Street. for oil surfacing and mutter:and for to be given In respect there. be- United Stites. at thetfln Of the decision hall be deal. When m Whitcomb Street Rom Myrtle a 60 toot let Ire^tin[ On 60 fool fore the adoption of an Ordinance City Treasurer of said City, on the contract to awarded, It shall also Sonat to Laurel Street. street for oil .urfacanm $50.00 r ordering amid improvements, have let day of November, 1951. sublmt contain a .eavtelon - to the Man- La^rol Street Rom WhllcomD ti$113.29 for H rearing, curb and been observes and compted With In to call and paymmL however. at n r of payment-whether the Game 0treet to Meldrum Sir St. gutter, or $8L64 for oil surfacing all respects:and it Is hereby ordered any time Prior theroto. ae provided shall be made in Ponds of sad Sherwood Street from Myrtle and gutter,to Which then hall be that the Improvement. Of Commit- In the ed.ent to 8eetlell I Of District to be acceted by the Ga.- Streat to laurel Street added the set for water and Sewer dated Bereavement District No. 46 Artie[. XVII of the City Charter. tractor at Par, of whether payment Olive Street from Maven Street co ectione here required to be as provided tar In the Map. plan. paned and .opted April 6, 1920. shall be made to the conteretor to to Meldrum Street. made; that If W, P. A. Stance I. a d mctlficatlone heretoore adopt- ad Ordinance No. T. 1921, relating money.all t the option of the City obtained. the coat will Ee reduced ed ry the CRY Counell,fled approved to local public Improvement, Council. The City Council-ball have In proportaon to the ..I Of .- ' LLI. Ordinance, be and they amended with interest thereon from the right to reject say and all bid. aistance obtained. All meets Intlud- hereby Ordered to be conetructed.r, date until payment at the rate Of which may be made by any person Ing oil suracing. curb and gutter Section 6. For the Purpose Of pay- elx per cant (4%) per member. Pay- ^ perm. for the construction f r gutter Only a d se war and water ing the coat of eaid improvement, able mm1-annually. on the let day said improvement , Bud When. In eonnectlone re to be aseaeead Induding ell aurfadn[, curb . d of May end the set day of November the judgment P the City Counall, It against the mnen of Lob and gutter, ad moo., a d water main at the office f the City Treasurer shall be deemed to the beet Interests lands In said district Duttlng pen connection.. bond. of the City of of the City of Fort Collins. upon of the split City Of Fort Collins, the' Bald improvement when cemplead Fort Collins In the aggregate Drin- Drmentation and surrender r nder Of the mid City Council to hereby author-] and accepted. m accordance with Giblets ount o1 $99.000.00 here- axed Coupons as they severally Iced and empowered to Provide for m the prowl.c.a of Beetlone T and 9 by authised to be I....it o w y the ban...do.. dome such work by hiring Parties, of Ordinance N. T, 10P1, ae amend- Commissioner of Finance and Ex- This bond I. Issued for the Pur- by the day and to Arrange for par-' I,,, Of nW.g the Fast of the localbasing the Greenery material. to Improvements In Consolidated Im- do much work under the direction. provement District No. 45 for street sovervI.W. and control of the CITY ailing. curb and [utter, and . Manger.the Cfinpnlaspa.., of per- and water main connection.,by sit- in Work. and the CIty Engineer tut and In full conformity with the acting for uld GIt, and without XVdment to Sono.. 1 of Article pbllmatlO.eo M do may accept Fed- II of the City Charter•passed and ...I Aid in connection N...with. ,opted April 0, M20,and Ordinance reducing the expense m Ne Drapertr No. T. 1921, retailer to local public a aad the Dletrlet by as much June......to, amended This aw shalt be oDlate.d from FmernI bond Ian payable our of the proceed. Ajd by me^ey, sterlale and labor. at special a mmenb 1. be tested at on 10. When bhp public Im- Don the real property, Otmte In .rovemento, Meluding .11 or Bill the City of Fort Collin. to m curb and gutter and gOR only and Consolidated Improvement District war and water main...eeail...In No. 46. eep..telln b...Atted by aaid c....I, to improvement Dintriet IGG.vmmF-- the assessment aod the am to be maden t Of upon No. t6 shell have been comDla ed IF, the real most. 1. as District tar Enminnar and FacaOVeenda for ca¢- Ne payment thereof, With .rued car[anee by mid offlner, and duly Internet le a Ilan .,an the Bald aceepred by the City Council of the rest..hate In the re.pectle.amount. City t Fort C011i�4 Ih. .at of ell, tO be apportioned to Said real state eu took then. I hall be .......d', a d to be amp ed by a orl.nae `m'.all the real Beata In . dl.- of Said City,and the Ilan created by tr,Bt se the frontage of each pboe man assessing ordinance, '.mother o1 real ..,at. In Bald district Ie in With.11 Interest there..aad banal- M frontage o1 all the real Beale it.. tar default in the payment Moth. Ia district. and Na cost of M.F. e, and all Caste in a ll-nial curb and cutter or gutter Only and I same,Seoul,from the date Of the Sewer and water main ......it.... dust Publication of the .....Ing as the Bew map be ,hail be..sewed .,dines. hereafter to be adopted. mramet the .utting Property 1n constitute a perpetual Iles Bald District en berolnbetore..the'- partly With toe tax He.far general dyed. which said mm.mt in' Oil S Schooltate. County. City. Ton or School "'being,curb aim ratter or Sutter taxes, and no sale of such DropertY ouly snit .Or and Water met.Can- to..fares any general ante.coon- a Olona Who. made and reported ty. Town Or School taz, or other by the City Engineer and am,....it Ilan.a[such extinguish the hepelp,Dro! by Me City Council, e1m11 be ae- Fided to be made. And It la hereby -cl d.tod l property In mM oerttfled and routed that the total Chnaojlda[ed Improvement District Issue of band.of Gold CRY for aid No. 46 by as Ordinance to be adopt- District including this bond. doe. ad ms provided by OrdimMer No. T,I not exceed the estimate Of than City 1983, amended. Engineer,anfl the...tract price Ior Sectio n 11. Tale Ordinance halt mid improvemenl, n r the ...But be Rr mil.bla until the Indebted- Said heroin provided [oq whenever hereby certified Idw; d IL I. further the same Shall be treated shall have everyY requirement a, recited'S that Breen duty Oats, mOefied and an.— every ma of Oil law bated charmed.s hotel.Provided. I to themeetcreation t lilt No.Con 41ldathe Section 12. In the opinion of the° Improvement of District No. 46. the City council ae emergency coda, . klnm of cam local his o bond m far the preservation f the Public and the 1, remee 1. Nle bond, hoe health, Dance and Safety, and this: Dann fully r.of ad Citithy. aY the Ordi.nca shall take effect upon Ib proper n[dcen o[said City,and[hat passage, under and by virtue of the l sees ..... ..mdrnn ra exist and _ .__- ad its ...._— {d City of Fort Co ;g. bond to be subscrib by HOUSE, EnJ ed by its Com- MILES i I. `mmiss+oner of Safety and F.x-0ffl- ATTES p Mayor, countersign issionor oY Finance and Ex-Offlcio STATE OCYeC LORADO, 1 ss Pal •ty Treasurer, and attested by its t 'ty Clerk, under the seal Sald rhuer. County °Y La City Clerk Pf tY. and the to bes attes Led sbY there-the I MILES F. IIOUSE, do here- y attached, of the City let of the City of Fort Collins.that the 4 1941. of certify and declare of an csimile signature Novenrbeq Ordinance, consisting of the 1st day °f foregoing ections, was duly Pro lesions of Safety twelve (12) S regu- Comm posed and read at length at a and Ex-I I?, '-rlaY°r' Jar meeting of the Clty h A.D, 1941, Il COUNTERSIGNED' 04 March, on the 7th day adopted and ordered of Copi�p�i ss loner°Y and was duly I,primor County 1 Treasurer. published in the paw spaPer and and Ex-OYftcio City aweekly Cit 1 ST: Coloradoan, newspap tha°f the y 'pTTE the official by unanimous City Clark. of Fort Collins, era of Lhe City on) vote of ult memo Ordinance, of CuuP $15,00 Council, as an Emergency (Form revisions e No�� in accordance wl f Pr of ArUpf r of the On theme daY °f-- Seetiens 6 and 7 04 Fort C1111ns w City Charter: and tVeroea er and on, 19_ the City arch, A. l bearer Fifteen (515.I q was duly pay to the , pY the to-♦vitia�d Ordinance N°� County In lawfulLhe nfflce of the 1941, the Lary n .Dollars . ublishad in weakly newspaper .s United ity d States. at ort Collins, Colo- poloradcan, a = City Treasurer n(61 months' interest C ... ,ado, being six E 1� 1 �- _�_. NOlytl:)l..'jnd 30