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HomeMy WebLinkAbout014 - 06/18/1927 - RELATING TO THE CREATION OF COMBINED ALLEY IMPROVEMENT DISTRICT NO. 9 ORDINANCE NO � 19279 BEING AN ORDINANCE RELATING TO THE CRE927OF COMBINED ALLEY I IPROVEMEIT DISTRICT NO 9, PROVIDING FOR TuE COiTSTRUCTION OF Ii,PROVE�ZUTS THEPEItd, AND AUTT-TORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF GONSTRUCTION THEREOF BE IT ORDAINED BY THE CITY COUACIL OF THE CITY OF FORT GOLLINS Section 1 That pursuant to a pet ition duly filed and presented to the City Council on the 2nd day of April, A D 1927 , which said petition was duly and regularly sued by the owners of more than one-third of the frontage in the provosed district, as evidenced by a resolution of the City Council duly passed and adopted on the 2nd daj of April, A D 1927, 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 adooted April 2, 1921, as amended by Ordinance No 4, 192.5 , and also as amended by Ordinance No 9, 1926, to be knorm as Combined Alley Improvement District PTo 9, comprising and including all the lots in Block 112 abutting on the alley therein runniig north and south in said block, to-wit Lots 1 to 24, both inclusive, in the City of Fort Collins , Colorado Section 2 That the said petition prayed for the improvement of said list-Lict by grading„ paving, and draining wnere necessary, of the alley in the said pro-oosed district„ said paving to coisist of six inch concrete built in concave form, or as may be necessary to facilitate the roof, surface and alley draingge of the said alley which said petition was made and filed under the provisions of Ordinance No 7, 1921, as amended by Ordinance No 4, 1923, and also 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 -1- said district, and said work of eaZstructicm of said improvements is hereby ordered to be done in accordance therewith, as provided by law, together with the estimated cost of the cars truction of said improvements amounting to $3186 13, the total frontage of the district is; 800 feet the cost per front foot is $3 9826625 and the cost of a lot 50 feet by 140 feet is $199 13, and which amount of $3186 13 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 di strict t abutting upon said improvements, when completed and acceJpd, in accordance with the provisi no 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 cf tre City Ocuneal duly adopted on the 30th day of April, A D 1927, due notice was given to the owners of broperty to be assessed, by due and lawful publication in the Fort Collins Express-Courier a daily newspaper of general circulation in the City of Fcnt Collins, for a period as required by law as shovm by the proof of publication on file in the office of the City Cleik, which said notice was to the owners of the property to the 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 pei front foot, as shown by the estimate of the City Engineer, and to the ftirtner effect that on the 4th day of Junes 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 comulaints and objections that might be rre..de and filed in writing concerning the proposed improvements by the owner of any real estate to be assessed that Ln pursuance of the said notice the said City Council did sit to hear Complaints at said meeting -2- held[ on the 4th day of June, 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 finds that all the 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 adopt ion of an ordinance ordering said improvements have4een observed and complied with in all respects, and it is hereby ordered that the improvements of Combined Alley Improvement District No 9 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 , bonds of the City of Fort Collins are hereby authorized to be issued 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 commeneediin said district , but said date shall be uniform for a.11 bonds issued, and in such form as may be approved by the City Council after submission �y the Commissioner of Finance said bonds shall oear the name of Combined Alley Improvement District No 9 of the City of Fort Collins , and shall be payable in twenty (20) annual inst all meat s five (5%) per cent thereof payable in each and every year during said period, 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 fac simile signature of the City Clerk, which said bonds shall be in denominations of TW o Hundred ($ moo cvo ) Dollars each Each of said bonds shall be subscrined by the Commissioner of Safety and Ex-Officio Mayor, countersigned by the Commissioner of Finance and Ex-Officio City -3- Treasurer , and a-tested by the City Clerk with the corporate seal of the City, and registered with the City Treasurer, and stall be delivered from time to time as required for the uayment 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 Combined Alley Improvement District No 9, and the fundis so collected shall only be used for the payment of theAiork of construction of said improvements and the interest thereon Said bonds shall be numbered from 1 to // inclusive, and snall be redeemable consecutively, according to number and in the order of issuance Said bonds shall o.L ly 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 twenty (20) years after the date of issue, but shall be suFaject to call and payment at any time prior thereto, as provided in Section 27 of Ordinance No, 7, 1921, ameamended by Ordinance No 9, 1926 Pursuant to the power and authority contained in Section 29 of Ordinance No 7, 19213, 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 courons attached thereto shall be in sabstantially the following form UNITED STATES OF AMERICA STA.CE OF COLORADO CITY OF PORT COLLINS G0141BIIM ALLEY IMPROVEIaNT DISTRICT NO 9 No The City of Fort Collins , in the County of Larimer, and Stave of Colorado, for value received, acknowledges itself indebted and hereby promises to pay to the bearer hereof, the sum of Dollars in lawful money on united States, at the office of the CiTy Treasurer of said City, on the day of 19 , sub J ect to call an a paymen - -4- however, at ark ime prior thereto, as pr lded in the amendment of Section 1 of Article XVII of the City Charter, passed and adotited April 61, 1920, and Ordinance No 7, 1921, relating to local public improvements, as amdnded by Ordinance ffo 9 , 1926, va th interest thereon from data until payment at the rate of four and three-quarters (4-3/4%) per cent per annum, payable semi-annually, on the day of and the day of at the office of tre City Treasurer of tFe City of For Collins, upon pu esentation 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 i iiprovement in Combun.d Alley Improvement District No 9, by virtue of and in full conformiby 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 4, 1923 , and also as amended by Ordinance A0 9, 1926 This bond is payable out of the proceeds and special assessments to be le vidd upon the real property situate in the City of Fort Collins in said Combined Alley Improvement District No 9 especially benefitted by said"improvements, and the amount of the assessments so to be made upon the real estate in said district for: the payment thereof with accrued interest is a lien upon t,ne 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 l-B retofole issued by said City, and the lien of geneial taxes , but payment of said bonds/as guaranteed by the City of Fort Collins, as provided by ordinance sand 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 of said improvements, nor the amount authorized by law and it is furtner certified and recited that every requirement of lari relating to the creation of said Combined Alley Improvement District To 9, 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 subscribed by its Commissioner of Safety and Ex-Officio Mayor, countersigned by its Commissiaiier 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 Cleric as of the day of 19 Commissioner of Safety and Ex-0 ficio Mayor Countersigned ommissioner of Finance and Ex-Officio City ATTEST Treasurer City Clerk -5- (Form of Coupon) No —fin-the day of , 19 , tha itG ty of Fort Collins will pay to the bearer Dollars in lawful money of the United States at tae office of the City Treasurer of Fort Collins , Colorado , being six months' interest on its local improvement bond dated , 19 , issued for the construction of the local improvemen own as-om Find Alley Improvement District No 9 , provided this bond shall not have been heretofore paid Attached to Bond No City Clerk Section 7 The Commissioner of Finance and Ex-Officio Treasurer is hereby authorized and directed to have printed a sufficient number of bonds of the denomination of J yYO Hundred ($ �Z ao CI ) Dollars each numoered from 1 to / inclusive, as is requsr ed to me et the est ina t ed co st of said improvements, as herein urovided, and when said bonds shall have been duly prepared, they shall be retained by the City Treasurer to be issued and delivered from time to time as hereinbefcr e provided Section 8 Whenever considered prudent l;y the City Treasurer he is hereby authorized and empowered, whenever funds may be in his hands to the credit of Combined Alley Improvement District No 9, 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 number, and all bonds so issued shall be called and vaid in their numerical order Section 9 Upon the taping effect of this orainance , the Commissioner of Safety and Ex-Officio Mayor is hereby autnorized and empowered to advertise for bids for the construction of said improvements in accordance with the nap , plans and specifications heretofore adopted, which advertisement shall not be less than ten (10) days in the official newspaper publisned in -he City of Fort Collins, -6- and all bids received under said advertisement snall 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 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 ExOfficio Ufayor, and t ne work of co nstrtacti on when so awarded under said contract shall be under the general control of the Commissioner of Public Works and in the immediate charge, control and suneivision 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 stall be final and binding upon all parties thereto Jlhlen 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 orclvnance, and the provisions of Ordinance No 7, 1921, relating to local public improvements, as amended by Ordinance No 4, 1923 , and also as amended by Ordinance No 9, 1926 and tnat the agreed payments snall not exceed the estimate of the City Engineer and the amount aupropriated, and that upon ten (10) days notice the work under said contract , tint out cost or cla im against the City of Fort Collins , may be suspended for substantial cause and upon complaint of any miner of real estate to be assessed f or 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 final Then said contract is awarded it shall also contair a provisicn as +c ' lie 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 -7- 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 necessa.Ly Xateria.ls to do such v�ork under the direction supevvis ion and control of the Commiss for er of Public (forks and the City Engineer acting for said city Section 10 When the said public improvements in Combined Alley District No 9 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 the lots or tracts of land abutting upon Combined Alley Improvement District No 9 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 wren so reported by the City Engineer and approved by the City Council shall be assessed agaanst the property in said improvement district by an ordinance to be adopted as vrovrded by law Section 11 In the event that the contractor shall be paid! in bonds , 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 for not less than ten days in the official newspaper of said city , and sell sufficient of said bonds to pay for the engineering and other clerical expense, including t,ze 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 the entire bond issue at not less than par, which said bonds shall not bear interest to exceed four and three-quarters (4-3/4%) per cent per annum to be paid semi-annually, evidenced by coupons bearing the faiR simile signature of the City Clerk, all in accordance vdth Section 27 of Ordinance No 7, 1921, as amended by Orarna.nce No 9, 1926 -8- Section 12 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 1je re in provided Introduced, read and ordered published this. 4th day of June, A D 1927 Passed and adopted this /8 day of Q/0 n -e- A D 1927 ommissi-cher of 3afey111 d =-Ufylo Mayor ATZ EST City Clerk -9- STATE OF COLORADO ) SS COMITY OF LAR ITYIER ) I, A J RQSENOVT, City Clerk of the City of Fort Collins, do hereby certify and declare that the fofegoing ordinance, consisting of twelve (12) sections, was duly proposed and read at length at a regular meeting of the City Council held on the 4th day of June , A D 1927, and was duly ordered by aye and nay vote to be published once un full in the Fort Collins Express-Courier a daily newspaper of the City of Fort Collins, in accordance with the provisions of Section 7 of Article IV of the City Charter that thereafter and on, to-wit the 18 -IV day of Cr,�, Q , A D 1927, at a regular meeting of the City Council, the said ordinance came before said Council upon its final passage, a period of more than ten days having elapsed since its publication as above set forth, and that said ordinance was upon second reading adopted as an ordinance, and /- thereafter and on to-wit the X/9^day of fur, , A D 1927, said Ordinance No - //?-/ , as finally passed and adopted was duly published in the Fort Coll- ins Express-Couri e,. , a daily newspaper published in the said City of Fort Collins, Coloraioj IN WITNESS WHEREOF, I have hereunto set my hand this oL/ day of cry n e A D 1927 F i y Cleck -10-