HomeMy WebLinkAbout004 - 03/22/1940 - RELATING TO THE CREATION OF IMPROVEMENT DISTRICT NO. 44 (EMERGENCY ORDINANCE) ORDINANCE NO 4, 1940)
BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF
IMPROVEMENT DISTRICT NO 44, PROVIDING FOR THE CONSTRUCTION
OF IMPROVEMENTS THEREIN, AND AUTHORIZING THE ISSUANCE OF BONDS
TO PAY THE COST OF CONSTRUCTION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS
Section 1 That pursuant to a petition, duly filed
and presented to the City Council on January 19, 1940, which
said petition was referred to the City Engineer for investigation
and report and was 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 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 Improvement
District No 44, comprising the lots and blocks and lands abutting
on the following streets, to-wit-
East Oak Street from Remington to Whedbee Streets
East Olive Street from College Avenue to Whedbee Street,
excepting one half block east of Remington Street
which is now in
West Magnolia Street from South Howes Street to College
Avenue and East Magnolia Street from College Avenue
to Whedbee Street
East Mulberry Street from Remington to Whedbee Streets
West Myrtle Street from Howes Street to College Avenue
and East Myrtle Street from College Avenue to Whedbee
Street.
Plum Street from College Avenue to Smith Street
Mathews Street from Oak Street to Laurel Street
Peterson Street from Mountain Avenue to Laurel Street
Whedbee Street from Laurel Street to Elizabeth Street
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Section 2 That the said petition 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, which said petition was made and filed under the
provisions of said Ordinance No 79 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 Improvement District, and said
work of construction of said improvement district 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 $45, 568 00 for surfacing and $1352. 26
for curb and gutter and $848 59 for gutter only and $276. 56 for
water connections, or a grand total for surfacing, curb and
gutter and water connections of $48,045 41, the total frontage
is 31259 1 lineal feet, that the total amount of yardage of
oil surfacing material is 114787 square yards, that the present
amount of curb and gutter required is 2600. 5 feet and gutter alone
is 2571. 5 feet and 8 water connections will be required, that
the cost per front foot on said streets is estimated at On
Mathews Street, 400 block on Plum Street (gravel already in
place ) is $1.27 per front foot, on 100, 200 and 300 blocks
on Peterson Street, 400 Block on Magnolia Street (occupied by
street car track) is $"1 196 per front foot, on Whedbee Street
(gravel already in place and occupied by street car track) is
$1 085 per front foot, on all other streets in said District
is 61.40 per front foot, that the cost per front foot for curb
and gutter is 520 and the cost per front foot for gutter only is
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33V and the cost for each water connection is $34 57, that
the above figures include allocation of one-half the entire cost
for street intersections, the remaining one-half to be paid by
the City, that as an example the following is a statement of
the estimated costs for a lot having a 50 foot frontage on
Mathews Street or 400 Block on Plum Street for oil surfacing
$63 50, or $89. 50 for oil surfacing, curb and gutter, or $$80 00
for oil surfacing and gutter, for a lot having a 50 foot frontage
on 100, 200 and 300 blocks on Peterson Street, 400 Block on
Magnolia Street for oil surfacing $59 80, or $85 80 for oil
surfacing, curb and gutter, or $76.30 for oil surfacing and
gutter, for a lot having a 50 foot frontage on Whedbee Street
for oil surfacing $54 25, or $80.25 for oil surfacing, curb and
gutter, or $70 75 for oil surfacing and gutter, on all other
streets in said proposed district for a lot having a 50 foot
frontage $70.00 for oil surfacing, or $96.00 for oil surfacing,
curb and gutter, or $86 50 for oil surfacing and gutter, to which
there shall be added $34. 57 for each water connection where re-
quired to be made, and all costs including oil surfacing, curb
and gutter or gutter only and water connection to be assessed
against the owners of lots and lands in said district abutting
upon said improvements when completed and accepted, in accordance
with the provisions of Sections 7 and 8 of Ordinance No. 7,
1921, as amended, and the total cost of the improvement of the
street will be assessed against the property abutting on said
streets, but no amount shall be assessed against the City,
except one-half the cost of street intersections and the
portions of the streets occupied by street car tracks That
cubbs and gutters where not now in place conformable to the
ordinances of the City of Fort Collins, are hereby ordered
constructed or repaired or re-constructed upon all property in
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said Improvement District No 44 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 re-construction of said curbs
and gutters in conformity with Ordinance No 6, 1930 of the City
of Fort Collins, and to require 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 construct or repair or re-con-
struct said curbs and gutters or cause said work to be done and
make said connections with the water main, and charge and assess
the costs thereof against the abutting property, in like manner
and in the same assessing ordinance to be hereafter adopted as
the cost of oil surfacing shall be assessed and certified to the
County Treasurer as provided by ordinances and law, and the bonds
herein authorized to be issued shall be payable not only out of
the special assessments levied to defray the cost of surfacing
the streets within said district, but also out of the special
assessments levied upon the property in said district abutting
the streets for curb and gutter or gutter only and water main
connections, pursuant to the supplementary proceedings to be
taken under 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 9th day
of February, A D 1940, due notice was given to the owners of
the property to be assessed, by due and lawful publication in
The Fort Collins Leader, a weekly newspaper of general circula-
tion in the City of Fort Collins, for a period as required by
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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 22nd day of March, A D 1940, at seven o' clock
A M , in the City Council Chamber in the City Hall of the City
of Fort Collins, the City Council would hear and determine all
complaints and objections that might be made and filed in writing
concerning the proposed improvements by the owners of any real
estate to be assessed, that in pursuance of the said notice,
the said City Council did sit to hear the complaints at said
meeting held on the 22nd day of March, A D 1940, at seven
o' clock A M , and tha-Vone complaints in writing concerning
the proposed improvements had then and there been filed with
the City Clerkq which the City Council after due consideration
finds insufficient
Section 4. The City Council finds that all
the requirements of the Statute respecting the petition for
said improvements and the resolutions and notices required by
law to be given in respect thereto before the adoption of an
Ordinance ordering said improvements, have been observed and
complied with in all respects, and it is hereby ordered that
the improvements of Improvement District No 4.4 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, including oil surfacing, curb and gutter,
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and water main connections, bonds of the City of Fort Collins
in the aggregate principal amount of $48,000 00 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 of November 1, 1940, 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
Improvement District No 44 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 de-
nominations of Five Hundred (0500 00) Dollars each Each of
said bonds shall be subscribed by the Commissioner of Safety and
Ex-Officio Mayor, countersigned by the Commissioner of Finance
and Ex-Officio City Treasurer, and attested by the City Clerk
with the corporate seal of the City, and registered with the City
Treasurer, and shall be delivered from time to time as required
for the payment of the work herein provided, or the City Council,
in its discretion, may sell said bonds to pay such cost in cash,
as provided in Ordinance No 7, 1921, as amended, and anything
in this Ordinance or any Ordinance of the City of Fort Collins
to the contrary notwithstanding, any or all of the bonds herein
provided for may be sold by the City Council at public or private
sale, with or without prior advertisement and upon such terms and
conditions as to it seem advisable Said bonds shall be redeem-
able out of the moneys collected on account of the assessments
made for said improvements, including oil surfacing, curb and
gutter and water main connections, all moneys collected from
said assessments or from the sale of bonds for said improvements,
shall be credited to Improvement District No. 44, and the funds
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so collected shall only be used for the payment of the work
of construction of said improvements and the interest thereon
and collection cost Said bonds shall be numbered from one to
ninety-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 City1council and the City Treasurer shall preserve a
record of t I e same in a suitable book kept for that purpose
All of said1bonds shall be absolutely due and payable ten (10)
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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,irelating to local public improvements, as amended
All assessments made in pursuance of this Ordinance, together
with all intierest 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
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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
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Section 6 Said bonds and the coupons attached
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thereto shall be in substantially the follova ng form
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UNITED STATES OF AMERICA
STATE OF COLORADO
CITY OF FORT COLLINS
IMPROVEMENT DISTRICT NO 44
NO
The City of Fort Collins, in the County of I,arimer,
and State of Colorado , for value received, acknowledges itself
indebted and hereby promises to pay the bearer hereof, the
sum of Five Hundred WOO 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, 1950, subject to call and
payment, however, at any time prior thereto, as provided in
the amendment to Section 1 of Article XVII of the City Charter,
passed and adopted April 6, 1920, and Ordinance No 7, 1921,
relating to local public improvements, as amended, with interest
thereon from date until payment at the rate of six per cent
( 6°fo) per annum, payable semi-annually, on the 1st day of May
and the 1st day 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 Improvement District No 44
for street oiling,curb and gutter 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
65 1920, and Ordinance No. 7, 1921, relating to local public
improvements, as amended This bond is payable out of the
proceeds of special assessments to be levied upon the real
property, situate in the City of Fort Collins in said Improve-
ment District No 44, especially benefitted by said improvements,
and the amount of the assessment so to be made upon the real
estate in said District for the payment thereof, with accrued
interest, is a lien upon the said real estate in the respective
amounts to be apportioned to said real estate and to be assessed
by an ordinance of said City, and the lien created by said
assessing ordinance, together with all interest thereon and
penalties for default in the payment thereof, and all costs in
collecting the same , shall, from the date of the final publi-
cation 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 Improvement
District No 44, 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
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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 YV=OF, 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 1st
day of November, 1940
Commissioner of Safety and Ex-Officio
Mayor
COUNTERSIGNED
Commissioner of Finance and Ex-Officio
City Treasurer
Attest
City Clerk
(Form of Coupon)
No 15.00
On the day of 19 the
City of Fort Colli snswwill pay to the bearer FifteenT615.00)
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, 1940, issued for the construction of the local
improvements known as Improvement District No 44, provided
this bond shall not have been heretofore paid
Attached to Bond No
City Clerk
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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 ($500 00) Dollars each, numbered from 1 to 96
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 antelivered from time to time as hereinbefore
provided
Section S Whenever considered prudent by the
City Treasurer, he is hereby authorized and empowered, whenever
funds may be in his hands, to the credit of Improvement District
No 44, 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, and at the expiration of thirty (30)
days from the first publication, interest on said bonds so
called shall cease The notice shall specify the bonds so
called by number, and all bonds so issued shall be called and
paid in their numerical order
Section 9 Upon the taking effect of this
Ordinance, the Commissioner of Safety and Ex-Officio 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 adopted, 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 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
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of said improvements. After the contract is awarded for the
construction, the City Council shall require a bond for the
faithful performance of the same of not less than the full
contract price, with sufficient surety or sureties to be
approved by the Commissioner of Safety and Ex-Officio Mayor,
and the work of construction when so awarded under said contract
shall be under the general control of the Commissioner of Public
Works and City Manager and in the immediate charge, control and
supervision of the City Engineer, whose decision in all matters
of dispute respecting compliance with this Ordinance and the
contract made thereunder, and the plans and specifications, shall
be final and binding upon all parties thereto When said contract
is awarded it shall contain a clause to the effect that it is
subject to the 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 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 ce assessed
for the improvements that the improvements are not being con-
structed 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 De 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
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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 do 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,
including oil surfacing, curb and gutter and gutter only and
water main connections in Improvement District No 44 shall
have been completed and the same approved by the City Engineer
and recommended for acceptance by said officer, and duly accepted
by the City Council of the City of Fort Collins, the cost of
oil surfacing thereof shall be assessed upon all the real estate
in said district as the frontage of each piece of real estate
in said district is to the frontage of the real estate in the
said district, and the cost of curb and gutter or gutter only
and water main connections, as the case may be , shall be
assessed against the abutting property in said District as
hereinbefore authorized, which said assessment for oil sur-
facing, curb and gutter or gutter only and water main con-
nections, when made and reported by the City Engineer and
approved by the City Council, shall be assessed against the
property in said Improvement District No 44 by an Ordinance
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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 City Council
an emergency exists for the preservation of the public health,
peace and safety, and this Ordinance shall take effect upon
its passage, under and by virtue of the authority contained
in Sections 6 and 7 of Article IV of the City Charter.
Introduced, read at length and adopted by the
unanimous vote of all the members of the City Council, this
22nd day of March, A D 1940.
Commi s ner of Safety and x-0 ficio
Mayor
Attest
City Uierk
STATE OF COLORADO, }
ss
County of Larimer }
I, MILES F HOUSE, City Clerk of the
City of Fort Collins, do hereby certify and declare that the
foregoing Ordinance, consisting of twelve (12) Sections, was
duly proposed and read at length at a regular meeting of the
City Council, held on the 22nd day of March, A D 1940 , and
was duly adopted and ordered published in the Fort Collins
Leader, 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 28th day of
March, A D 1940, said Ordinance No 4 was duly published in
the Fort Collins Leader, a weekly 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 28th day
of March, A D 1940
City Clerk