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HomeMy WebLinkAbout003 - 02/09/1929 - RELATING TO THE CREATION OF ARTIFICIAL LIGHTING DISTRICT NO. 1 (EMERGENCY ORDINANCE) I� ORDINANCE PTO 1929 BEING AN ErIERGENCY ORDINANCE RELATTRR=iO THE CREATION OF -ARTIFICIAL LIGITIITC DISTRICT PTO 1, IN THE CITY OF FORT COLLINS PROVIDING FOR THE CONSTRUGTIOL OF IT PROVET=T`_S TlEr'7IN Al D AUTFOPIZING THE ISSUATCE 07 BONDS TO PAY T� COST OF CONSTRUCTION THEREOF BE IT ORDAINED BY TT-E CITY COUrTCIL Or TuE CITY Or FORT COLLIITS Section 1 That pursuant to a petition duly filed and presented to the Citj Council on the 20th day of October A D 1928 which said petition was duly and regularly signed bj the owners of more than one-third of the frontage in the proposed district as evidenced by a resolution of the City Council duly passed and adopted on the 3rd day of November A D 1928 there is hereby created and organized an artificial lighting district under and by virtue of the provisions of Ordinance No 7 1921 tieing an ordinance relating to local public improvements passed and adopted April 2 1921 as amended by Ordinance No 7, 1926 and also as amended by Ordinance No 9, 1926 to be known as Artificial Lighting District No 1 comprising the lots and blocks and lands abutting on North College Avenue to-wit Blocks 14, 22, 23, 4, 24 P5 and all that portion of Lot 3 in the reservation on the Northwest Quarter of Section 12, Tolnship 7 North Range 69 West lying north and west of the right-of-way of the Fort Collins Development Railway fompany in the City of Fort Collins, Colorado , which said property to be assessed fronts on North College Avenue and Includes all the property between Laporte Avenue and tPs city limits at the South end of the brad-e across the Cache la Poudre River Section 2 That the said petition prayed for the imurovement of the said district consisting of the corstruction and appliances for the installation of a system of artificial lighting of the street area in said district the light standards to be located in the street parking inside of the curbs which said petition was made and filed under the Drovisions of Ordinance No 7, 1921 as amended by Ordinance No 7, 1926, and also as amended by Ordinance No 9, 1926 and that the plans and specifications together with the map Drepared by the City Engineer be and the same are hereby adopted as the map, plans and soecifications for said district and said work of construction and installation of said improvements is hereby ordered to be done in accordance therewith as provided by law together with the estimated cost of the construction of said improvements amounting to $4, 650 32 The portion of the district north of the north property line of Cherry Street on the west side and north of Lot 5 Block 4 on the east has been figured to bear a proportional part of the total cost due to the standards being placed further apart as well as oeing staggered instead of opposite each other This was figured to be 10/33 of the whole or ^1409 19 The frontage on tnis Dart of the district is 1904 54 Beet , making a rate per front foot of t0 73991 and the estimated cost of a lot 50 feet by 140 feet to be $37 00 The balance of the district is estimated to cost $3241 13 The frontage is 1856 12 feet, making a rate per front foot of S1 746 and the estimatea cost of a lot 50 feet by 140 feet to be 4V87 31 In Block 14, Lot 17 was given 65�o of its frontage to be assessed or 21 25 feet Lot 18 is to be assessed 60ffo or 15 feet Lot 19 is to be assessea 35% or 8 75 feet and Lot 20 to be assessed 10% or 2 5 feet, and which amount of 04 650 32 includes the cost to be assessed against the property owners for the improvement of the said district, and all 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 Ordinance No 7 1921, as amended by Ordinance Igo 7 1926 and also as amended by Ordinance No 9, 1926 —2— Section 3 That Dursuant to the requirements of the resolution of the City Council duly adopted on the 5th day of January A D 1929 due notice was given to the owners of property to be assessed by due and lawful publication in the Fort Collins Fxpress-Courier a daily newspaper of general circulation in the City of Fort Collins for a period as required by law as shown by the proof of publication on fi1P 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 aeferred installments tIB 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 tIB 9th day of February A D 1929 at eight o'clock in the forenoon in the Council Chamber in the City Mall of the City of Fort Collirs the City Council would hear and determine all comi)lairts and objections that might be made and filed in writing concerning the proposed improvements bir the owner of any real estate to be assessed that in pursuance of the said notice the said City Council did sit to hear complaints at said meeting held on the 9th day of February A D 1929 and that no complaints in writing concerning the pro- Dosed improvements had then and there been filed with the City Clerk Section 4 The City Council finds that all t e require- ments 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 improvement of Artificial Lighting District No 1 as provided for in the map plans and specifications heretofore adopted by the City Council and approved in this ordinance , -3- a � be and they are hereby ordered to be congtricted Section 5 For the purpose of paying the cost of said improvements bonds of the City of Fort Collins are hereby authorized to be 19sved by the Commissioner of Finance and Ex-Officio Treasurer of the City of Fort Collins which said bonds shall bear date at such time as may be fixed by the City Treasurer after the work of improvement has been commenced in said district but said date shall be uniform for all bonds issued and in such form as may be approved by the City Council after submission by the Commissioner of Finance said bonds shall bear the name of Artificial Lighting District No 1 of the City of Fort Collins and shall be payable in ten (10) annual installments ten (100) per cent thereof payable in each and every year during said period, and shall bear interest at the rate of five ( o) per cent per annum payable semi- annually said interest to De evidenced by coupons attached to the principal uond and attested by the fac simile signature of the City Clerk, which said bonds shall be in denominations of Two Hundred ($ 200,00 ) 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 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 Artificial Lighting District No 1, and the funds so collected shall only be used for the payment of the work of con- struction of said improvements and the interest thereon Said bonds shall be numbered from 1 to 24 inclusive and small be redeemable consecutively according to number and in the order of issuance Said bonds shall only be issued and delivered by the City Treasurer on -4- d estimates and order of the City Engineer signed and approved by the Commissioner of Safety and Ex-Officio Mayor when said estimates have been duly audited and approved by the City Conncil and ordered paid All of said bonds shall be aosolutely due and payable ten (10) years after the date of issue but shall be subject to call and payment at any time prior thereto, as provided in Section 27 of Ordinance Ito 7, 1921, as amended by Ordinance ITo 79 19?6 and also as amended by Ordinance No 9 19?6 Pursuant to the power ana authority contained in Section 29 of Ordinance INTO % 1921 the vayment of all the bonds issued by virtue of this ordinance is hereby guaranteed by the City of Fort Collins Section 6 Said bonds and the coupons attabhed tnereto shall be in substantially the following form UNITED STATES OF AIMRICA STATE OF COLORADO CITY OF FORT CO'LLINS ARTIFICIAL LIrT7TIITr DISTFICT NO 1 No The City of Fort Collins, in the County of Larimer, and State of Colorado, for value received acknowledges itself indebted and he eby promises to pay to the bearer hereof, the sum of Dollars in lawful money of the United States,, a e office of the City Treasurer of said City on the day of , 19 , subject to call and payme—nT— however, at any time prior thereto ,, as provided in the amendment of Section 1 of Article XVII of the City Charter passed and adopted April 6, 1920 and Ordinance iIo 7 1921 relating to local public improvements as amended by Ordinance No 7, 1926, and also as amended by Ordinance No 9 1926 with interest thereon from date until payment at the rate of per cent per annum payable semi-annually on the day o , and the day of at the office of the City Treasurer of the Cry 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 improvement in Artificial Lighting District No 1 by virtue of and in full conformity with the amendment to Section 1 of Article XVII of the City Charter passed and adopted April 6 1920 and Ordinance No 7, 1921 relating to local public improvements , as amended b , Ordinance No 7, 19?6 and also as amended by Ordinance No 9 1926 This bond is payable out of the proceeds and special assessments to be levied upon the real property situate in the City of Fort Collins in said Artificial Lighting District No 1 especially benefitted by said improvements and the amount of the assessments so to b- made upon the real estate in said district for the payment thereof with accrued interest is a lien upon the said real estate in the respective amounts to be apportioned to said real estate and to be assessed by an ordinance of said city said lien having priority over all other liens except other ponds heretofore issued by said City and the lien of gene al taxes, but payment of said bonds is guaranteed by the City of Fort Collins as provided by ordinance and it -5- l is hereby certified and recited that ttie 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 Arice of said improvements , nor the amount authorized by law and it is further certified and recited that every requirement of law relating to the creation of said Artificial Lighting District NO 1 the making of soid local improvement and the issuance of this bond , has been fully complied with by the proper officers of said city and tnat all conditinns 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 aue time form and manner as required bj law In Testimony Whereof, The said City of Fort Collins has caused this bond to oe subscribed by its commissioner of Safety and Ex-Officio iTayor countersigned by its Commissioner of Finance and Ex- Officio City Treasurer and attested oy its City Clerk under the seal of said City and the interest coupons thereto attached to be attested uy the fac simile signature of the City Clerk as of the day of 19 Commissioner of Safety and Ex-Officio iTayor COUNTERSIGNED Commissioner of Finance and hx-Of icio Ci y Treasurer A=S^ City er (Norm of Coupon) Ito On the day of , 19_ the City or Yor Collins will pair tie 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 improv-^gems bond dated 19 issued for the construction of the local improvement town as Artie vial Li hting District rTo 1 provided this bond shall not have been heretofore paid .Attached to Bond ITo City er Section 7 The Commissioner of Finance and Ex-Officio Treasurer is hereby authorized and directed to have printed a sufficient number of oonds of the denomination of Two Hundred (� 200,00 ) Dollars each numbered from 1 to 24 inclusive as is required to meet the estimated cost of said improvemeilis as herein provided and when said bonds shall have been dulir prepared they shall be retained by the City Treasurer to be issued and delivered from time to time as hereinbefore provided -6- Section 8 Whenever consia--cced prudent by the Clty Treasurer he is hereby authorized and empowered whenever funds may ue in his hands to the credit of Artificial Ii,htin8 District No 1 including six months , interest on the unpaid ppincipal to advertise for five days in the official newspaper of said City and call in a suatable number of bonds of said district for payment and at the expiration of thirty days from the first publication interest on said bands so called shall cease Tne 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 SaLpty and Ex-Officio T*ayor is hereby authorized and empowered to advertise for bids for the construction of said improvements in accordance with the maA plans and specifications heretofore aaopted which advertisement shall not be lest than ten days in the official newspaper published in the City of Fort Collins and all bias received under said advertisement shall be subm_tted to the City Council for approval or rejection, and no contract shall be awarded in excesq of the Citi Ensineer 's estimate of the cost of said improvements After the contract is aviarded 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 uy 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 Olorks and in the im-ediate charge control and supervision of the Citj Engineer wnose decision in all matters of dispute respecting compliance with this ordinance , and the contract made thereLnder, and the plans ana specifications shall be final and bigding upon all parties thereto When said contract is awarded it shall contain a clause to the effect that it is subiect to the provisions of the charter and of the lams under which the City of Fort Collins exists and of this ordinance and the provisions of Ordmnance No 7 1921 relating to local public improvements , as amended by Ordinance No 7 1926, and also as amended by Orainance TTo 9 1926 and that the -7- agreed payment shall rot exceed thekstimate 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 impr vements ale not being constructed in accordance with the contract then the City Council may consider the complaint and make such order as may ue just and the 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 mace in bonds of the said district to be accepted by the contractor at par or whether payment shall be made to the contoactor in money all at the option of the City Coi.ncil The City Council shall have the right to reject any and all bids, which may ue made by any person or »ersons for the construction of said improvements and when in the judgment of the City Council it shall be deemed to the best interests of said City of Fort Collins the said City Council is hereby aut}Zorized and empowered to provide for doing sich work by hiring parties by the day and to arrange for purchasing the necessar3 materials to do such work under the direction supervision and control of the Commissioner of Public Works and the City Engineer acting for said city Section 10 When the said public improvements in Artificial Lighting District No 1 shall have been completed and the same approved by the City Engineer and recomnended for acceptance by said officer and dgly accented by the City Council of the City of Foit Collins the cost thereof shall be assessed upon the lots or tracts of land abutting upon said Artificial Lighting District No 1 in proportion as the frontage of each lot or tract of land is to the frontage of all the lots or tracts of land so improved, which assessments when so reported by the City Engineer and approved by the City Council shall be assessed against the property in said improvement district by an ordinance to be adopted as provided by law Section 11 In the event that the contractor shall be paid in bonas , then for the purpose of paying for engineering and other -8- a 0 L4 v 0 c) rical expenses and the cost of inspection upon the approval of the City Council, the Commissioner of Safety and Ex-Officio Mayor is authorized to advertise for not less than ten days in the official rewspaper of said city, and sell sufficient of said bonds to pay for the engineering and other clerical expense including the cost of inspection and in the event that the work is ordered to be done by the Commissioner of Public Works by day labor may sell tre entire bond issue at not less than par which said bonds shall not bear interest to exceed five ( 5 %o) per cent Der annum to be paid semi-annually, evidenced by coupons bearing the fac simile signature of the Citj Clerk all in accordance with Section 27 of Ordinance Ho 7, 1921 as amended by Ordinance Ho 9 1926 Section 12 This ordinance shall be irrepealableir until the indeotedness herein provided for, whenever the same shall be created shall have been duly paid, satisfied and discharged as herein provided Section 13 In the opinion of the City Council an emergency exis+s for the preservation of the public health peice and safety and this ordinance shall tuake effect upon its passage and publicatioji, 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 9th day of February A D 1929 Commissioner of Safety 7� x- ticio ayor ATTEST City Clerk -9- STATE OF COLORADO ) SS COUNTY OF LARITCR ) I A J ROSENOW City Clerk of the City of Fort Collins do hereby certify and declare that the foregoing ordinance consisting of thirteen (13 ) sections was duly oroposed and read at length at a reTalar meetin- of the City Council held on the 9th day of February A D 1929 and was duly adorted and ordered published in the Fort Collins Express-Courier, a daily newspaber and the official newspaver of the City of Fort Collins by the unanimous vote of all the members of the City Council, as an emergency ordinance in accordance with the provisions of Sections G and 7 of 1irticle IV of the City Charter, of the City of Fort Collins and thereafter and on towit the 12th day of February, A D 1929 said Ordinance No 3 was duly published in the Fort Collins Express-Courier, a daily newspa-oer published in the Citv of Fort Collins Colorado IN TITWESS WHEREOF I have hereunto set my hana and afiixed the seal of said City this 12th doy of February A D 1929 / City Clerk