HomeMy WebLinkAbout024 - 10/22/1927 - RELATING TO THE CREATION OF JEFFERSON STREET IMPROVEMENT DISTRICT NO. 29 (EMERGENCY ORDINANCE) OT?DINAITCC ITO L_ 1927
BEING AN ILSL'RGE TCY OR.DIITAPTCE RETIMLG TO TREY CREATION OF JEFFERSON
STREET IT PROVE1-ZiT DISTRICT I10 29 PROVIDING FOR TIME G0i`TSTRUCTIOA
OF IT PROVET FITS TI'E-�EIIT k0 AUTHORIZING THE ISSUANCE OF BONDS To
PAY TTIE COST OF COTdSTRUCTIOTd THEZEOF
BE IT CRDAIT ED BY TFE CITY COUITCIL OF THE CITY OF FORT CQLLIITS
Section 1 That pursuant to ei resolution of the City ))
Council duly passed and adopted on the -� day of e� ��e17 G e
A D 19P7 there is hereby created and organized an improvement
district under and by virtue of the provisions of Ordinance No 7
1921, rel�trng to local public improverientsp passed and adopted
April 2 1921 as amended by Ordinance No 9, 1926 to be IQiorm as
Jefferson Street Improvement District ido Z9 comprising Jefferson
Street from North College Avenue to Pine Street in the CitTr of
Fort Collies Colorado
Section 2 That the said resolution provided for the
improvement of the said district by perna.nent paving, grading and
curbs and gutters whe.Le necessary, of the street area between curbs
within the said )roposed district said street area to be improved
by paving to consist of reinforced concrete paving the same as
has already been installed in other permanent improvement
aistricts wit'im tk-e corporate limits of the said city ihich
said resolution Sias passed and adopted under the provisinns of
Ordinance ITo 7 1921, as amended by Ordinance N6 91, 1926 and
that the plans and specifications together with the map prepared
by the City Engineer he and the same are hereby adopted as the map ,
plans ind specifications for said district, and said Tjork of
construction of said improvements is hereby ordered to be done in
accordance therewith, as provided by law, together with the estimated
cost of the comtruction of said improvements amounting to
�'7528 65 the total frontage is 771 1 feet the rate per front
foot is $9 76352 and the cost of a lot 50 feet by 140 feet is "488 18
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and which amount of $7528 65 includes the cost to be assessed
against the property owiners for the improvement of the said
district, and all tcr`be assessed against the owners of lots and
lands in said district abutting upon said improvements when
completed and accepted, in accordarne with the provisions of Sections
7 and 8 of Ordinance No 7, 1921, as amended by Ordinance No 9, 1926
Section 3 Thit pursuart to the requirements of the
resolution of the City Cowlncil duly adopted on the 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 ne�jspaper of general circmldition in tie
City of Fort Collins , for a period as requii ed by lave, as shown by
the proof of publication on file n.n 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 pro josed, the number of
installments and the time in which the cost Mould be payable , the
rate of interest on the unpaid ana caefersed installments the e-ctent
of the district improved, together wi ith the probaole co4p-dr front
foot , as shown by the estimate of the City Engineer and to the further
effect that on the 22nd 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 waould hear and determine all complaints
and objections that might be mode and filed in writing concerning the
proposed improvements by the caner 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 me et ing held on the 23nd day of October
A D 1927 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 f inds that all the requirements
of the statute respecting the resolutions and notices required by law
to be given in respect thereto before the adoption of an ordinance
ordering said improvements 11,.ve beet observed and complied with in all
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respects , and it is nereby ordered that tine improvement of Jefferson
Street Improvement District No 29 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 oi)rpose of paying the cost of said
improvements bonds of she City of Port Collins art nereby authorized
to be issued by the Commissioner of Finance and Ex-Officio Treasurer of
the City of Fort Collins viw.ch 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 ap}roved by the City Council
after submission by the Commissioner of Finance said bonds snall bear
the name of Jefferson Street Improvement District No 29 of the City
of Fo.Lt 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 at' ached to the pr .0 c ipal bond rind
attested by the fac simile signature of the City Clerk wITLch said bonds
shall be _4denomi iat ions of e Hundred
( �oo ��° ) Dollars each Each of said bo�Ls shall be subscribed by
the Commissioner of Safety and Ex-Officio DLayor , countefsigned by the.
Commissioner of . inane- and Ex-Officio City Treasurer , and attested by
the City Clerk with the corporate seal of uhe City, and registered with
the City Treasurer, and stall be delivered from time to time as required
for the payment of the work hei ein provided, or the City Council in its
discretion, may sell said bonds to pay such cost in cash, as pro aided in
Ordinance No 7 1921, as amended by Ordinance No 9 1926 Said ponds
shall be redeemable out of the moneys collected on account of the
assessments made for said imps ovements all moneys collected from said
assessments or from the sale of bonds for said improvements shall be
credited to Jefferson Street Improvement District No 29 and the funds
so collected shall only be used for the payment of the iiork of
construction of said improvements and the interest thereon Said bonds
shall be numbered from one to / <o// inclusive, and shall be
redeemaole, consecutively according to number and in the order of
issuance Said bonds shall only be issued and delivered oy the City
Treasurer on estimates and order of the City Engineer signed and approved
by the Commissioner of Safety and Ex-Officio Dlayor, when said estimates
have been duly audited and appi oved by the City Council and orde_ ed paid
All of said bonds sI^all be absolutely dice and payable twenty (20 ) years
from the date oz issue but shall be subLject to call and payment at any
time »rior thereto, as provided in Ordinance No 70 1921 relating to
local public imnlovemelts as amended by Ordinance No 9 , 1926 Pursuant
to the Tjo jer and authority contai iea in Section 29 of Ordinance IIo 7,
1921, l elating to local public improvements, as amended by Ordinance
No 9, 1926 the payment of all uhe bonds issued in pursuance of this
ordinance are hereby guaranteed by the City of Fort Collins
Section 6 Said bonds and the coupons attached thereto
shall be Ln substantiall�v the folloijui.& form
UNITED STATESOF ATtERICA
STATE OF COLOLI+-DO
CITY OF FORT COLLINS
JEFFERSOF STRELT IMPROVER= DISTRICT NO 29
ado
The City of Fort Colli s in the County of Larimer, and State
of Colorado , for value received, acknowledges itself indebted aad hereby
promises to pay to the bearer hereof , the sum of
Dollars in lawful money of the United States, at he
office of the City Treasurer of said City, on the day of
, 19 subject to cal and payment
ho sever , at any time prior then as provided in the amendment to
Section 1 of Article XVII of the City Charter , passed and adopted
4pril b, 1920 and Ordinance No 7 1921, relating to local public
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, pavable semi-annually on the day of _
and the day of , at the or'-Lice of the City ^
Treasurers of he City of For o lins uroon presentation and surrender
of the annexed coupons as they severally become aue
This bond is issued for the )urpos e of paging the cost of the
local improvement in Jefferson Street, Improvement Dist.Lict IIo 29 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 IIo 7, 1921, relating to local public improvements as amended
by Ordinance No 99 1926 This bond is aajable out of the proceeds and
special assessments to be levied upon ujae real pronerty situate in the
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City of Foit Collins in said Jefferson Street Improvement District
Ito 29 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 w-Lth accrued interest , is a lien upon the said
real estate in the Les-oective amounts to ue apportioned uuon the said
real estate and to be assessed by an ordinance of said City, said lien
having prio'tty over all otner liens, except otrier bonds hereto-'ore issued
by said City and the lien of general taxes, but payment of saia bonds
is guaianteed by the City of Fort Collins as urovided by ordinance and
it is hereby certified ana recited that the tonal issue of bonds of said
city for said district including this bond, noes not exceed the estimate
of the City lingineei , and the contract price for said improvements, nor
the amount authorized by law end it is fu.rhher hereby certified and
recited that every reauirement of law relating to the creation of said
Jefferson Street Imps overlent District No 29 the making of said local
improvement and the issuance of this bond, has been fully complied %lath
by the proper officers of said city, and that all conditions reauirea
to exist and all u1iings required to be done precedent to and in the
issuance of tnis bond to rei-d er the same lawful and valid, have
hap-oened and been properly done and perfoirned, and did exist in re.,ular
and due time form and manner as required by la%j
In Testimony rThereof the said City of Fort Collins has
caused this bond to be subscribed by its Commissioner of Safety and
Ex-Officio Iiayor countersigned by its Commissioner of Finance and
Ex-Officio City Treasurer , and attested by its City Clerk unde.L the
seal of said City and the interest coupons thbreto attached, to be
attested by the fac simile sibnature of the City Clerk as of the
day of , 19
Commissioner of Safety and Ex-Offscio Mayor
C OUiFT ER S I GIM=
ommissione-L of Finance and Ex-Officio City Treasurer
4TTEST
City Clerk
(Form of Coupon)
No
On the day of 19 the City
Fort Collins will vay�o the bearer Dollars
in la�jful money of the United Statos, at the of-ice of the i y
Treasurer of Fort Collins, Colorado, being six months ' interest on its
local improvement bond dated 1927 issued
for the construction of the local i -proven, ents known as Jefferson
Street Improvement District No 29 provided this bond shall not have
been heretofo.Le paid
Attached to Bond No
City Clerk
Sect ion 7 The Commissioner of Finance and Ex-Offieio City
Treasurer is hereby authorized and directed to nave piinted a sufficient
number of bonds of the denomination of "09:-/ Hundred
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D lars each, numbered from 1 o 1(p inclusive, as is
requited to meet the estimate cost of s aid improvements as herein
provided and when said bonds shall have been dulj prepareu, ` zey shall
be retained by the City Treasurer to be issued and delivered from time
to time as hereinbefore provided
Section 8 dheneveo considered prudent by the City Treasurer
he is hereby authorized and emno%riered, whenever funds may be in his
hands to the credit of Jefferson Street Impzovemeat District ito 29
-Lncludi,ag six months ' interest on the unbaid Urincipal, to advertise
for five days in the official newspaper of said City, and call in a
saitable nuipber of bonds of said district for payment , and at the
expiration of thizty (30) days fzom the first publication, interest on
said bonds so called shall cease The notice shall specify tqe bonds so
called by aumbe-L and all bonds so issued shall be called and paid in
t -ieir numerical order
Section 9 Upon the taking effect of tun-Ls ordinance, the
Commissioner of Safety and Ex-afficio Mayor is hereby authorized and
empo eled to advertise for bids foi the construction of said
improvements in accordance with the map, plans and specifications
her etofore adopted, which q dvei t is ement shall not be less tnan ten (10)
dads in the official ne ispaper published in the City of Fort Collins ,
and all bids received under said advertisement shall be submitted to
the City Council for apuroval or rejection and no contract shall be
awarded in excess of the Cit, L`nginuer 'eestimate of the cost of said
improvements After the contract is a%jarded 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
I ayor and the Mork of construction when so at arded urrler said
contract stall be under the general control of the Commissioner of
Public !forks and in the immediate charge control and supervislion of
the City Engineer, whose decision in all matters of dispute respects ig
compliance oath this ordinance and the contract made thereunder , and
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the plans and specifications, shall be fiial and binding upon all
parties thereto [hen said contract is awarded it shall contain a
clause to the effect that it is subject to the provisions of the
charter and of tiie laws under vhich the City of Port Collins exists
and of this ordinance, and the provisions of Ordinance ido 7 , 1921,
relating to local public improvements as amended by Ordinance 110 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, witoovts cost or claim against the
City of Tort Collins may be suspended for substantial cause and upon
complaint of any owner of real estate to be assessed for the improvements
that the improvements are not being constructed in accordance with the
contract then the City Council may consider the complaint and make
such order as may be just and its decision shall be finial 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 c cutractor at par , or thetlher payment
shall be made to the contractor in money, all at the opt-Lon of the
City Council The CitS Counc _1 shall have the right to reject any
and all bids unich may be made by anv person or velsons for the
construction of said improvements and �ihen in the judgment of the
City Council it shall be deemed to the oest interests of the said
City of Fort Collins , the said City Council is hereby authorized and
empowered to provide for doing such Mork by hiring parties by the day
and to arrange for purchasing the necessary iia.terials to do such work
under the direction, sup ervisi on and control of the Commissioner of
Public dorks and the City Engineer acting for said city
Section 10 When the said public improvements in Jefierson
Street Imrorovement District No 29 small have seen compleued and
the same approved by the City Engineei and recommended for acceptance
by said officer and duly accepted by the City Council of the City of
Fort Colli-is, the cost thereof shall be assessed upon all the i eal
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estate in said district as the frontage of each piece of real estate
in said district is to the frontage of all the real estate in the
said district, which said assessments when made and reported by the
City Engineer and approved by the City Council, shall be assessed
against the pi onerty in said Jeffei9on Street Improvement District
No 29 by an ordinance to be adopted as provided by Ordinance No 7,
1921 as amended by Ordinance No 9 1926
Section 11 This ordinance shall be irrepealable until the
i zdebbedness herein pi ovided for 0he never 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 and publication
under and by virtue of the author_ty contairn d in Sectio -is 6 and 7 of
Article IV of the City Charter
Intioduced, read at length and aaooted by the unanimous vote
of all the members of the Citj Coulicil this 22nd day of October,
A D 1927
Cordmissioner of Safe7Ex-Off ic Mayor
ATTEST
City lei k
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STATE OF COL0P4D0 )
SS
COUNTY OF LARIIIER )
I, A J ROS `ROI City Clerk of the City of Fort
Collins, do hereby certify and declare that the fo=egoing ordinance
consisting of twelve (12) sections was duly proposed and read at
length 3t a regular m- etin6 of the City Council held on the 22nd
day of October, A D 1927, 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 accordance with the provisions of Sections
6 and 7 of Article IV of the City Cha.Lter of the City of Fort
Collins, and thereafter and on to-ijit the 25-erday of
Oc X C.> h e Y , 1027, s iid OL d finance No was daly
published in the Fort Collins Express-Cotu lei a daily newspaper
published in the City of Fcr t Collins Colorado
IN Wl TiMESS 41=EOF I have hel eunto set my hand and
affixed the seal of said City this o267 day of October , A D
1921
�y Clerk
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