Loading...
HomeMy WebLinkAbout012 - 05/21/1927 - RELATING TO THE CREATION OF WHEDBEE, RIVERSIDE, JEFFERSON AND LINDEN IMPROVEMENT DISTRICT NO. 19 (EM ORDINANCE NO / I , 19 27 , BEIIIG All EMERGENCY ORDINANCE RELATING TO THE CREATION OF ViHEDBEE, RIVERSIDE, JEFFERSON AND LINDEN IMPROVN'AENT DISTRICT NO 199 PROVIDING FOR THE C014S TRUCTION OF ITTROVEMENTS THEREIN, AND AUTuORIZING 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 19th day of March, A D 1927, 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 adopt ed on the 19th day of March, 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 adopted April 2, 1921, as amended by Ordinance No 9, 1926, to be known as Whedbee, Riverside, Jefferson and Linden Improvement District No 19, comprising and including the lots and blocks and lands abutting on said streets, as follows, to-wit Blocks. 156, 155, 1669 165, 154, 1640 153, 163, 1529 162, 1510 91 11, 89 12, 79 139 1, 2, 10 and D, and that portion of abutting property north of and between Blocks 1 and 2 and the south side of the south river bridge on Linden Street, in the City of Fort Collins, Colorado Seetinn 2 That the said petition imayed for the improvement of said district by grading, paving, guttering and curbing , where necessary, of the street areas in said proposed district, bet:Jeen curbs, provided that the paving on Linden Strer-t betieen the north property line of Jefferson Street and the north property line of Willow Street shall be of a width to be determined by the City Engineer but shall not be less than tlunty (30) feet , and the paving north of the north property line of Willow Street shall be twenty -1- (20) feet in width, said paving to consist of reinforced concrete pav- ing the same as has already been installed in other permanent improvement distiiets within the corporate limits of the City of Fort Collins, and any gutters and curbing installed to be of the same specifications as in West Mountain Avenue Improvement District No 8 , which said petition was Trade 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 specif ications for said district , and said work of c onstructian of said improvements is hereby ordered to be done in accordance there- with, as provided by lave, together with the estimated cost of the construction of said improvements amounting to $137,333 86, the total frontage of the district is 9512 73 feet , the frontage on dhedbee Street and Riverside Avenue is 5403 80 feet and the estimated cost per front foot is $11 911448,the frontage on Jefferson Street is 2476 93 feet and the estimate.a cost per front foot is $11 755471, the frontage on Linden Street , forty feet wide, is 800 feet and the estimated cost per front foot is $60478762, the frontage on Linden Street, twenty feet wide, is 832 feet and the estimated cost per front foot is $4 2755769, the frontage of the alleys in Block 151 is 250 8 feet and the estimated cost per front foot is $1 449681, the intersection frontage is 15835 66;and the estimated cost per front foot is $1 0970638 the estimated cost for a lot 50 feet by 140 feet on Whedbee Street and Riverside Avenue is $650 42 the estimated cost for a lot 50 feet by 140 feet in Block 151 is $722 90, the estimated cost for a lot 50 feet by 140 feet on Refferson Street is $642 62, and the estimated cost for a lot 50 feet by 140 feet on Linden Street , forty feet wide, is $378 79 and the estimated cost for a lot 50 feet by 140 feet on Linden Street , twenty feet wide, is $268 63, and which amount of $137,333 86 includes the cost to be assessed against the property owners for the improvement of the said -2- 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 Sections 7 and 8 of Oidinanee No % 1921, as amended by Ordinance No 9, 1926. Section 3 That pursuant to the requirements of the resolution of the City Council' duly/adopted. on the 16th day of April, A D 1927, due notice was given to the owners of property to oe assessed., by due and lmiful publication in the Fort Collins Express-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 file 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 vrr ich the cost would be payable , the rate of interest on the unpaid and deferred installments, the extent of the district improved, together with the probab&a cost per front foot , as shorn by the estimate of the City Engineer, and to the further effect that on the 21st day of May , 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 complaift;s 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 the said City Council did sit to hear complaints at said meeting held on the 21st day of May, A D 192% 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 requirements 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 improvements of Whedbee, Riverside, Jefferson and Linden Improvement District No 19 as provided for 3-1 the crap, -3- plans and specifieations heretofore adopted by the City Council, and ap-oroved 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 mre 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 times 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 Wh.edbee, Riverside, Jefferson and Linden Improvement District No 19 of the City of Fort Collins, and shall be payable in twenty (20) annual installments, 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 V Hundred Dollars each Each of said bonds snall be subscribed by the: Commissioner of Safety and Ex-Officio Mayer , countersigned by the Commissioner of Finance and Ex-Officio City Treasurer, and attested ty the City Clerk Frith 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 whedbee, Riverside Jefferson and Linden Improvement District No 19, and the funds so collected shall only be used for the payment of the work of construction of said improvements and the interest thereon -4- Said bonds shall be numbered from 1 to a '7S 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 Fngineer signed and appi oved by the Commissioner of Safety and Ex-Of ficio 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 subject to call and payment at ,any time prior thereto, as provided in Section 27 of Ordinance No 7, 1921, as amended by Ordinance No 9, 1926 Pursuant to the power and authority contained in Section 29 of Ordinance No 7, 1921, 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 coupons attached thereto shall be in substantially the following form UNITED STATES OF APdIERIC4 STATE OF GOLORADO CITY OF FORT G•OLLINS VEMBEE RIVERSIDE, JEFFERSON AMID LINDEN DAPROVEE01ENT DISTRICT NO 19 No The City of Fort Collins , in the County of Larimer, 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 meted States, at the office of the Ci y Treasurer of said City, on the day of , 19_, subj ect to call and payme� however, a any time prior ereto, as provided in the amendment of 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, with interest thereon from date until payment at the rate of four and three-quarters (4-3/40) per cent pe.L annum, payable semi-annually, on the day of and the day of , at the office of the Ci y Treasurer__o_f_Eh:e City 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 Whodbee, Riverside , Jefferson and Linden Improvement District No 19, 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 L vied upon the real Property situate in the City of Fort Collins in said Phedbee, -5- Riverside, Jefferson and Linden Improvement District No 19 , 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 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 otner 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 price 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 Vftledbee, Riverside, Jefferson and Linden Improvement District No 19, 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 coriditiona 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 valdd, have happ ened,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, counteisigned by its Commissioner 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 fae simile signature of the City Clerk as of the day of , 19 ommissioner of Safety and Ex-Officio Mayor Countersigned Commissioner of Finence and Ex-Officio city Treasurer ATTEST City Cleck (Form of Coupon) No On d of _, y Fort Collins wily to the bearer , 19 the i o Dollars in lawful money of the United States at the of flee of the i y Treasurerof Fort Collins, Colorado , being six months ' interest on its local improvement bond dated 19 , issued for the eons#ruction of the local improvement own as effee; Riverside, Jefferson ahU Linden Improvement District No 19, provided this bond shall not have been heretofore paid Attached to Bond No City Clerk -6- 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 denanination of r-i ye Hundred (? �� ) Dollars each numbered from 1 to inclusive, as is required to meet the estimated cost of said urprovements as herein provided, and when said bonds shall have been duly prepai ed, they shall be retai2m d by the City Treasurer to be issued and delivered from time to time as herein- before 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 Whedbee, Riverside, Jefferson and Linden Improvement District No 19, including six months ' interest om the unpaid principal, to advertise for five days in the official newspaper of said city,and call in a suitable number of b mds of said district fer payment , and at the expiration of thirty Bays from the first uublication, interest on said bonds so called shall cease The notice shall specify the bonds so called by number, and all bonds so issued shall he 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 authorized and empowered to advertise for bids for the construction 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 Foit Collins, and all bids received under said advertisement shall be submitted to tha 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 f-aithfal performance of the same ox not less than the full contract price , with sufficient surety or sureties to be -7- approved by the Commissioner of Safety and Ex-Officio Mayor, and the work of construction when so awarded under said contract snall be under the general control of the Commissioner of Public Works 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 contract made thereunder, and the plans and specifications shall be final and binding upon all -)artiies the?eto When said contract is awarded it shall contain a clause to the effect that it is subject to the provisions of the cliarter 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 9 , 1926, and that the agreed payments ahAll not exceed the estimate of the City Eng3-beer and the amoant 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 uuon complaint of any ovmer of real estate to be assessed for the uvprovements, that the improvements are not being constructed in accordance with the contract, , then the, City Council may cons.Lder the canplaint and make such order as may be just, and its decision shall be final When said contract is awarded it shall also contain a pr ovi s i cn as to the mamie r of payment - wheht er the same shall be made in bonds of the said distriat to be accepted by the contractor at par, or whether payment shall be made to the contractor in money, all at the optian of the City Council The City Council shall have the light 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 Ci4-y of Fort Collins, the sa-Ld 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 directicn , supervision a--id control of the Commissioner of Public Works and the City Engineer acting for said city -8- Section 10 When the said public improvements in Ylhedbee, Rives side, Jefferson and Linden. Improvement District No 19 shall have been completed and the same approved by the City Engineer and recommended for acceptance by said officer, and d-uly 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 Whedbee, Riverside, Jefferson and Linden Improvement Dis tri ct No 19 in proportion as the front age 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 rep crted by the City Engineer and approved by the City Council shall be assessed against the property in said improvement district by an ordinawe to be adopted as provided 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 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 the entire bond issue at not less than par , which said bonds ahall not bear interest to exceed four and three-quarters (4-3/4%) per cant per annum to be paid semi-annually, evidenced by coupons bearing the fac simile signature of the City Clerk all in accordance with Section 27 of Ordinance No 7, 1921, as amended by Ordinance No 9, 1926. Section 12 This ordinance shall be irrepaalable until the indebtedness 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 exists for the preservation of the public health, peace and safety, and this ordinance shall take effect upon its passage and pub.Lioation, under and by virtue of the authority contained in Sections 6 and 7 of Article -9- IV of the City Charber Introduced, read at length and adopted by the unanimous vote of all the members of the City Council this 21st day of May , A D 1927 ComEissioner of S77y and Offic io Mayor ATTES`F — City Clerk STATE OF COLORADO ) ) SS COUNTY OF LARIAI+ETZ ) I, A J RQSENOVI, City Clerk of the City cf Fort Collies, do hereby certify and declare that the foregoing ord2hnance consisting of thirteen (13) sections was duly proposed and read at length at a regal_r meeting of the City Council held on the 21st day of May, 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 Charter of the Cit r of Fort Collins , and thereafter and on to-wit the ESL day of said Ordinance No /,2 was duly pub li s e in the Fort Co ins Express-Courier, a. daily newspap er published in the City of Fort Collins Colorado UM WITITESS WHEREOF, I have hereunto set my hard and affixed the seal of said City, this day of May , A D 1927, a Uy C ei -10-