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HomeMy WebLinkAbout017 - 08/16/1927 - RELATING TO THE CREATION OF EDWARDS STREET IMPROVEMENT DISTRICT NO. 27 (EMERGENCY ORDINANCE) ORDINANCh NO 17 , 19279 BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF EDWARDS STREET IMPROVEMENT DISTRICT NO 27, PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN, AND AUTHORIZING THE ISSUANCE OF BONUS 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 Piled and presented to the City Council on the 28th day of May, A D 19279 which said petition was drily and. regularly signed by the owners of more than Brae-third of the frontage in the proposed district, as evidenced by a resolution of the City Council duly passed and adopted on the 28th day of May, A D 19270 there is hereby created and organized an improvement district under and by 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 Edwards Street Improvement District No 27, comprising the lotus and blocks and lands abutting on said Edwards Street, as follows, to-wit• Blocks 7, 89 90 109 110 12. 130 14, 15, 16. 17 and 18, Lake Park Addition to the City of Fort Collins, Colorado, being Edwards Street from College Avenue East to the City limits at the end of Edwards Street. r- Section 2. That the said petition prayed for the improvement of the said district by grading, guttering, curbing, graveling, and draining where necessary, of the street area in said proposed district for a distance of approximately sixty (60) feet between ourbs, said street area to be graveled with six (6) inches of local gravel, which said petition was made and filed under the provisions of Ordinance No 7, 1921, as amended by 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 $aid district, and -1- said work 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 construction of said improvements amounting to $16,163 670 the total frontage is 4160 feet , the cost per front foot is $2.88395 and the cast per front foot for street intersections is $0 30648, in Blocks 7, 81, 17 and 18 of Fake Bark Addition there is an alley intersection rate of $0 14799 per front foot, the cost of a 50 feet by 140 feet inside lot with 50 feet frontage frontage $144 19 and interseotion $15 32, and which amount of $16,163.67 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 oomoleted and accepted, in accordance with the provisions of 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 the City Council duly adapted on the 2nd day of duly, A D 1927, due notice was given to the owners of pr op erty to be assessed, by due and lawful publication in the Fort Collins Express-Courier, a daily newspaper of general oirohhation in the City of Fort Collins, for a period as required by law, as shorn by the proof of publication on file in the office of the City Clerk, which said notice was to"he owners of the property to be assessed and designated the kind of improvements proposed, the number of installments and the time in whioh the cost would bDe payable, the rate of interest asp the unpaid and deferred install- ments, the extent of the district improved, together with the probahle cost per front foot , as shomm by the estimate of the City Engineer and to the further effect that on the 6th day of August , 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 complaints and objections that might be -2- made and filed in writing eoncerning the proposed improvements by the owner of any real estate to be assessed, that in pursuance of the n - said notice the said City Council flid sit to hear eomplainte at a meeting held on the/6th day of August , 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 Counciat finds that all the require- ments of the statute respecting the petition for said improvements and the resolution and notices required by law to be given in respect thereto before the adoption of an ordinance ordering said improvements have been observed and oomplied with in all respects, and it is hereby ordered that the improvement of Edwards Street Improvement District No 27 as provided for in the map, plans and speoifieations heretofore adopted by the City Council, and approved in this ordinance, be and they are hereby ordered to be constr=ted. Section 5. For the purpose of paying the cost of said improvements, bonds of the City of Fort Collins are hereby authorized to be issued by the Commissioner of Finance and Ex-Offioio 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 diatriot, 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 Edwards Street Improvement District No 27 of the City of Fort Collins, and shall be payable in ten (10) annual installments, five (5%) per cent thereof payable in each and every year during said period, and shall bear interest at the rate of five (5%) per cent per annum, payable semi-annually, said interest to be evidenced by coupons attached to the principal bond and attested by the fao simile signature of the City Clerk, which said bonds shall be in denominations of vP 4Y Pd- -3- c O ftmla" \ ) Dollars each. Each of said bonds shall be subscribed by the Commissioner of Safety and Ex-Offioio 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 regained for the payment of the work herein provided Said bonds shall be redeemable out of the moneys oolleoted on account of the assessments made fcr said improvements, all moneys oolleoted from said assessments or from the sale of bonds for said improvements shall be credited to Edwards Street Improvement District No 27, and the funds so collected shall only be used for the payment of the work of constructicn of said improvements and the interest thereon. Said bonds shall be numbered from 1 to A;:�3 inclusive, and shall 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 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 Council and ordered paid All of said bonds shall be absolutely 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 Ordinanoe No, 7, 1921, as amended by Ordinance No 9, 1926 Pursuant to the power and authority contained in Secticm. 29 of Ordinance No 7. 19210 the payment 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 compons attached thereto shall be in substantially the following form a .4- UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLINS EDWARDS STREET IMPROVEMENT DISTRIO`T NO 27 No The City of Fort Collins , in the County of Iarimer, and State of Colorado, for value received, acknowledges itself indebted and hereby promises to pay to the bearer hereof, the sum 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 oall and payment, owever, at any time prior ere to, as provided in the amendment of Section 1 of Article XVII of the City Charter, passed and adopted April 60 1920, andYOrdinance No 7, 1921, relating to local pablio improvements, as amended by Ordinance No 9, 1226, with interest thereon from date until payment at the rate off five (5%) per cent per annum, payable semi-annually, on the day of , 19 , and the day of , , a e of if oe-of the City asurer of the City of Fort0 lens ,upon presentation and surrender of the annexed coupons as they severally became due This bond is issued for the purpose of paying the cost of the local improvement in Edwards Street Improvement District No 27, 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 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 Edwards Street Improvement District No 27, especially benefitted by said improvements, and the amount of the assessments so to be made upon the real estate in said dis tricot for the payment tb?ereor 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 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 district, including this bond, does not exceed the estimate of the City Engineer, and the contract pride 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 Edwards Street Improvement District No 27, the making of said local improvement and the issuame 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, hnd been properly done and performed, and did exist in regular and due time, form and manner as 4equired by law. In Testimony Whersof, The said City of Fort Collins has caused this bond to be subscribed by its Commissioner of Safety and Ex-Officio Mayor, oountersigned by its Commissioner of Finance and Ex-Officio City Treasurer, and attested by its City Clerk under the -5- seal of said City, and the interest coupons thereto attached to be attested by the fgc simile signature of the City Clerk as of the day of , 19 Commissioner of MeTy and Ex-Offioio Mayor COURTERSIGNED- omm ss oner of Finanae and =-Uffioio city Treasurer. ATTEST CityClerk* (Form of Coupon) No �n the day of , 19 , the City of Fort Collins w=ppay to the bearer Dollars in lawful money of the United States at the office of tha CitF Treasurer of Fort Collins Colorado, being six months' interest on its local improvement bond M ed , 19 , issued for the a oastruotion of the local improvementown as dwarrs Street Improvement District No 27, provided this bond shall not have been heretofore paid Attached to Bond No City Clerke Section 7 The Commissioner of Finance and Ex80ffioio Treasurer is hereby authorized and directed to have prim ed a sufficient number of bonds of the denomination of �fj d e-- Hundred Q t-57o o ,** ) Dollars each numbered from 1 to 3j inclusive, as is required to meet the estimated cost of said improvements as herein provided, and when said bonus shall have been duly prepared, they shall be retained by the City Treasurer to be issued and delivered from time to tima as hereinbefcr-e 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 Edwards Street Improvement District No 27, 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 days from the first publication, interest on said bonds so called shall cease. The notice shall specify the bonds so called by -6- number, and all bonis 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 authorised and empowered to advertise for bids for the construction of &aid improvements in accordance with the map, plans and speoifications heretofore adopted, which advertisement shall not be less than ten days in the official newspaper published in the City of Fort Collins, and all bids received under said advertisement shall be submitted to the--d�ty Council for approval or rejection, and no contract shall be awarded in excess of the City Engineer's estimate of the cost of said improvements After the o mtraat 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 oontramt price, with sufficient surety or sureties to be approved tr the Commissioner of Safety and Ex-Offioio Mayor, and the work of cm- struotion when so awarded under said contract shall be under the general control of the Commissioner of Publie Warp 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 oontraot made thereunder, and the plans and specifications shall be final and binding upon all parties thereto. When said contract is awarded it shall ocntain 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 by Ordinance No. 90 192A, and that the agreed payments shall not exceed the estivate 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 improvements are not being constructed -7- in accordance with the contract, then the City Council may consider the complaint and make such order as may be just, and i is deoision 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 ty 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 Counoil shell 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 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 Commissioner of Public Works and the City Engineer acting for said city. Section 10 When the said public improvements in Edwards Street Improvement District No 27 shall have been ecmpleted 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 the lots or tracts of land abutting upon said Edwards Street Improvement District No 27 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 reperted 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 bands, then for the purpose of paying for engineering and other clerical 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 fornot less thaam ten days -8- in the official newspaper of said city, and sell sufficient of said borers to pay for the engineering and other clerical expense, a including the cost of inspection, and in the event that the work is ordered to be done by the Commissioner of Pnblio Works by day labor, may sell the entire bond issue at not less than par, which said bonds shall not bear interest to emceed five (5%) per cent per annum to be paid semi-annually, evidenced by coupons bearing the fac sidle signature of the City Clerk, all in aocordarm a with Section 27 of Ordinance No 7, 1921, as amended by Ordinance No. 9, 1926 Section 12 This ordinance shall oe irrepealable until the indebtedness herein provided for, whenever the same shall be created, shall have been duly paid, satisfied and,-discha rged as herein provided Section 13 In the opinion of the City Couno it 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 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 thiaffklt day of August, A D 1927 ATTEST Commissioner or U 7y ancL =)FMOio or -Uity Clerk -9- STATE OF COLORADO j SS. COUI7TY OF LARIMER ) 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 proposed adJodrned— and read at length at a regular meeting of the City Council held on thel6th day of August , A D 1927, and was duly adopted and ordered published in the Fort Collins Express-Coyrier, a daily newspaper and the official newspaper of the City of Fort Collins by the unanimous vote of all the members of tha City Council,as an emergency ordinance in accordance with the provisions of Sections 6 and 7 of article IV of the City Charter 4f the City of Fort Collins and thereafter and on to-wit the / 0 2L� day of August , A D 1927, said Ordinance No - /7 was duly published in the Fort Collins Express- Courier, a daily newspaper published in the City of Fort Collins, Colorado IN WITNESS WFLREOF', I have hereunto set my hand and affixed the seal of said City, this 8 1 day of August, i A D 192'7 er -10-