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HomeMy WebLinkAbout025 - 10/29/1927 - RELATING TO THE CREATION OF WEST OLIVE STREET IMPROVEMENT DISTRICT NO. 21 (EMERGENCY ORDINANCE) ORDINANCE NO a S , 19270 BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF 17EST OLIVE STREET IMPROVEMEBT DISTRICT NO 21, 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 the 13th dap of August , A D 1927s, which said petition was duly and regularly signed by 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 20th day of August, A D 19279 there is hereby created and organized an improvement district under and Ir virtue of the provisions of Ordinance No 7, 1921, relating to local public improvements, passed and adopted April 2, 1921, as amended by Ordinance No 9, 1926, to be known as West Olive Street Improvement District No 21, comprising the lots and blocks and laniis abutting on said West Olive Street, as follows, to-wit Blocks 112 and 113, in the City of Fort Collins, Colorado, being West Olive Street from the West property line of South College Avenue and extenling West to the West property line of Mason Street Section 2 That the said petition prayed for the improvement of the said district by grading, paving, guttering, curbing, and drainage where necessary, of the street area in said proposed distrust, between curbs, the said street area to be paved with reinforced concrete paving, the same as has already been installed in other permanent improvement districts within the corporate limits of the said city, and curbs and gutters to be the same as that installed in West Mountain Avenue Improvement District No 8, which said petition was made and filed under the provisions of Ordinance No 7, 1921, as amended ty Ordinance No 9, 1926, 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 district, and said work of construction of said improvements is hereby ordered to be done -1- in accordance therewith, as provided by law, together with the estimated cost of the oonstraction of said improvements amounting to $11846 121 the total frontage is 760 feet, the cost per front foot is $11.37729 the intersection frontage is 1560 feet and the intersection; rate is $0 8941, the alley frontage is 760 feet and the; alley rate is $0.5394, the City's share of one-half of intersections is $19394 78, and the cost of a lot 50 feet by 140 feet is as follows Frontage $568 86, intersection $44,71, alley $26,97, total $640 54; and which amount of $11846 12 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 cf Sections 7 and 8 of Ordinance No 7, 1921, as amended by Ordinance No 9, 1926. Section 3. That pursuant to the requirements of the resolution of tha City Council duly adopted on tbw 17th day of September, A D 1927 due notice was given to the owners of property to be assessed, by due and lawful publication in the Fort Collins Express-Courier, a daily newspaper of general eirculition 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, thieh_ 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 tines in which the cost would be payable, the Gate of interest on the unpaid and deferred installments, the extent of the district improtted, 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 29th day of October, A D 1927, at eight o'clock A M, in the Council Chamber in the City Hall of the City of Fort Collins, the City Council would hear and determine all ecmplaints and objections that might be made and filed in writing concerning the proposed improvements by the owner of any real estate to be assessed, that in pursuance of the said notice -2- the said City Council _id sit to hear complaints _c said meeting held on the 29th day of October, A D 1927, and tbm t no complaints in vomiting 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 fbr 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 obserbed and complied with in all respects, and it is hereby ordered that the improvement of West Olive Street Improvement District No 21 as provided for in the map, plans and specifications heretofore adopted by the City Council, and approved in this ordinance, be anti they are hereby ordered to be constructed. Section 5 For the purpose of paying the cost of said improvements, bonds of the City of Fort Collins are herety authorized to be issued by the Commissioner of Finance and Ex-Officio City Treasurer of the City of Fort Collins, which said bonds shall bear date at such time as may be fixed by the City Treasurer after the work of improvement e 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 Nest Olive Street Improvement District No 21, of the City of Fort Collins, and shall bear interest at the rate of four and three- quarters (4-3/4%) per cent per annum, payable semi-annually, said interest to be evidenced by coupons attached to the principal bond and attested by the fae simile signature of the City Clerk, which said bonds shall be in denominations of "� V e Hundred (4 JFi c N0'0) Dollars each Each of said bonds shall be subscribed by the Commissioner of Safety and Ex-Offioio Mayor, eountersigaed by the Commissioner e Finance and Ex-Offioio 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 -3- discretion, may sell d bondis to pay such cost cash, as provided in Ordinance No 7, 1921, as amended by Ordinance No 9, 1926 Said bonds shall be redeemable out of the moneys collected on account of the assess- ments made for said improvements, all moneys collected from said assess- ments or from the sale of bonds for said improvements shall be credited to West Olive Street Improvement District No 21, and the fancls so collected shall only be used for the pqrment of the work of oonstraction of said improvements and the interest thereon Said bonds shall be numbered from one to zW inclusive, and shall be redeemable,, conse- outively, according to number and in the order of issuance, Said bonds shall only be issued and delivered by the: City Treasurer on estimates and order of the City Engineer signed and approved by the Commissioner of Safety and Ex-OYfiolo Mayor, when said estimates have been duly audited and approved by the City Council and ordered paid All of said bonds shall be absolutely due and payable twenty (20) years from the date of issue, but shall be subject to call and payment at any time prior thereto, as provided in Ordinance No 7, 1921, relating to local public improvements, as amended by Ordinanoe No 9, 1926, Pursuant to the power and authority contained in Section 29 of Ordinance No 7, 1921, relating to local public improvements, as amended by Ordinance No 9, 19260 the payment of all the bonds issued in pursuance of this ordinance $re hereby guaranteed by the City of Fort Collins Section 6 Said bonds and the coupons attached thereto shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLINS WEST OLIVE STREET IMPROVEMENT DISTRICT NO 21 No , The City of Fort Collins, in the County of Larimer, and State of Colorado, for value reeeieed, acknowledges itself indebted and hereby promises to pay to the bearer hereof, the sam of Dollars in lawful money of the United States, at the office of the City Treasurer of said City, on the: day of , 19 , subject to call and paymne,—however, at any time prior thereto, as provided in the amOndment to Section 1 of Article MI of the City Charter, passed and adopted April 6, 1920, and Ordinance No % 1921, relating to local pablio improvements, as amended by Ordinance No 9, 1926, with interest thereon from date until payment at the rate of four and three- quarters (4-3/4%) per cent per annum, payable semi-annually on the .4- day of and th a day of , at the office of he i y Treasurer of tie City of !4..At Collins,, npon presentatio: and surrender of the annexed coupons as they severally beooaee due. This bond iss issued for the purpose of paying the cost of the local improvement in West Olive Street Improvement District No 21 by virtue of and in full conformity with the amendment to Section 1 of Article %VII of the City Charter, passed and adopted April 6, 1920, and Ordinance No 7, 1921, relating to local public improvements, 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 West Olive Street Improvement District No 21, especially benefitted by said improvement and the amount of the assessment so to be made upon the real estate in said district for the payment thereof, with accrued interest, is a lien upon the said real estate in the respective amounts to be apportioned to said real estate, and to be assessed by an ordinance of said city, said lien having paiority over all other liens, except other bonds heretofore issued by said City, and the lien of general taxes, but payment of said bonds is guaranteed by the City of Fort Collins as provided by ordinance, and it is hereby certified and recited that the total issue of bonds of said city for said distrust, including this bawd, does not exceed the estimate of tba City Engineer, and the contract price for said impr ovement s, nor the amount authorized by law, and it is further hereby certified and recited that every requirement of 1mw relating to the creation of said West Olive Street Improvement District No 21, the making of said local improvement and the issuance of this bond, has been fully complied with by the proper officers of said city, and that all conditions required to exist and all- things required to be done precedent to and in the issuance of this bond to render the same lawful and valid, have happened, and been properly done and performed, and did exist in regular and due time, form and manner as required by law, In Testimony Whereof, the said City of Fort Collins has caused this bond to be euhsoribed by its Commissioner of Safety and Ex-Off~ioio Mayor, countersigned by its Commissioner of Finance and Ex-Offieio City Treasurer, and attested by its City Clerk undet the seal of said City, and the interest coupons thereto attached, to be attested by the fae simile signature of the City Clerk as of the day of , 19 Commissioner of Safety and Ex-Officio Mayor COUNTERSIGNED Commissioner of Finance and -0 fioio City Treasurer. ATTEST City Clerk. No (Form of Coupon) $ On the day of , 19 , the City�— Fort Collins will ppaay to the bearer Dollars in lawful money of the United States, aLt the affiee X t1a City TFeasurer of Fort Collins , Colorado, being six months' interest on its local improvement bond dated , 1927, issued for the construction of the loeal Improveme—HTown as West Olive Street Improvement District No 21, provided this bond shall not have been heretofore paid Attached to Bond No City Clerk* -5- Section 7. The Commissioner of Finance and Ex-Offioio City Treasurer is hereby authorized and directed to have printed a sufficient number of boats of the denomination of 4-1 Hundred ( 001% ) Dollars each, numbered from 1 to .� inclusive, as is required to meet the estimated cost of said improvements as herein provided, and when said bonds shall have been duly prepared, th W 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 West Olive Street Improvement District No 21, including six months' interest on the unpaid principal, to advertise for five days in the official newspaper of said City, and call in a suitable number of bonds of said district for payment , and at the expiration of thirty (30) days from the first publication, interest on said bonds so called 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-Offioio Mayor is hereby authorized and empowered to advertise for bids for the canatraction of said improvements in accordance with the map, plans and specifications heretofore adopted, which advertisement shall not be less than ten (10) days in the official newspaper published in the City of Fort Collins, and all bids received under said advertisement shall be submitted to the City Council for approval or rejection, and no contraot shall be awarded in excess of the City Engineer's estimgte of the most of said improvements After the contract is awarded for the construction of said improvements 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-Offioio Mayor, and the work of oonstra etic.n when so awarded under said c cantract shall be under the general control of the Commissioner of Public Works -6- and in the immediate oharge, control and supervision of the City Ebgineer, whose decision in all matters of diapute 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 provisi4sof Ordinance No 7, 1921, relating to local public improvements, as amended by Ordinance No 9, 1926, and that the agreed payment shall not exceed the estimate of the City Engineer and the amount appropriated, and that upon ten (10) days notice the work under said contract, without cost or claim against the City of Fort Collins, may be suspended for substantial cause and upon complaint of any owner of real estate to be assessed for the improvementa that the improvements are not being constructed in accordance with the contract, then the City Council may consider the complaint and make such order as may be just , and its decision shall be final When said contract is awarded it shall also contain 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 whiah 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 hying parties by the day and to arrange for purchasing the necessary materials to do such work under the direction, supervision and control of the Commissioner of Public Works and the City Engineer acting for said city Section 10 When the said public improvements in West Olive Street Improvement District No 21 shall have been completed and the same approved by the City Engineer and recommended for acceptance by said officer, and duly accepted by the City Council of the City of Fort Collins, the cost thereof shall be assessed upon all the real estate in said district -7- as the frontage of each piece of real estate in said district is to the frontage of all the real estate in the said district., which said assessments when made and reported by the City Engineer and approved by the City Council, shall be assessed against the property in said West Olive Street IrQrovement District No 21 by an ordrna.nae to be adopted as provided by Ordinance No. 79 1921, as amended by Ordinance. No 9, 19260 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 he ein 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 and publication, under and by virtue of the authority oontaind. 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 29th day of October, A D 1927 Coltmisdioner o y c- is o or ATTEST y Clerk -Q- STATE OF COLORADO ) SS COUNTY OF LARIMER ) I, A J ROSEffOWv City Cleric 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 29th day of October, A D 192% and was duly adopted and ordered published in the Fort Collins Express-Courier , a daily newspaper and the official newspaper of the City of Fort Collins , by the unanimous vote of all the members of the. City Council,, as an emergency ordinance in aeeordano a with the provisions of Sections 6 and 7 of Article IY of the City Charter of the City of Fort Collins, and ther2after and on to-wit the day of lVo v el" 4 p 1927, said Ordinance No -z S was duly published in the Fort Collins Express-Courier, a daily newspaper published,in the City of Fort Collins , Colorado IN WITNESS WHEREOF, I have hereunto set my hand and affixed a the seal of said City t1us der of /1/,oyelza 6et' , A D 1927 y Clerk, -9-