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HomeMy WebLinkAbout014 - 07/03/1916 - RELATING TO THE CREATION OF COLLEGE AVENUE IMPROVEMENT DISTRICT NO. 4 ORDINANCE NO 1916 RELATING TO THE CREATION OF COLLEGE AVENUE IMPROVEb' ITT DISTRICT NO 41 PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THERE- IN 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 day of March A D 1916, which said petition was duly and regularly signed by the owners of a majority of the frontage in the proposed district and under and in virtue of the resolution duly adopted by the City Council on the 16th day of Iday, A. D 1916 , there is nere- by created and organized an improvement district under and by virtue of Chapter C of the Revised Statutes of 1908 concerning public improvements in cities of less than one hundred thousand inhabitants , to be known as "COLLEGE AVENUE Ib1PROVEi7-FT DISTRICT NO 4, " comprising all that portion of the roadway of College Avenue lying between the south line of Oak Street at its inter- section with College Avenue, and to the north line of Olive Street at its intersection with College Avenue, and all the lots and blocks fronting and abutting upon said Improvement District Section 2 The said petition prayed for the permanent improvement of said district by grading curbing and guttering said district with concrete paving, and that said petition was made and filed under the provisions of Chapter C of the Revised Statutes of 1908 concerning improvements in cities of less than one hundred thoueand inhabitants, and said concrete paving so selected being the same as heretofore adopted for the paving of Impr®vement Districts Pros 2 and 3, and otherwise known and described as 1-course reinforced concrete cement , for the paving of said district, and insofar as required the guttering and curbing of said district shall be of cement, that the plans and specifications, together with the map prepared by the City Engineer in and for said district , be and are hereby adopted as the plans specifications and map for said district , and said workof construction of said improve- ment is hereby ordered to be done in accordance with said map plans and specifications for the construction of said improve- ment , as provided by law together with the estimate of the cost of construction of s i provement , amounting to Q1N�l^ e' Thousand =Hundred wand 50/100 Dollars ( S5 ), and the engineer' s estimate of the oost per front foot to the owners of lots in said district abutting upon said improvement The road area to be paved includes square yards exclusive of the trackage of The Denver & Interurban Railroad Company, that the total area to be charged against The Denver & Interurban Railroad Company is 400 square yards, which is to be paved with vitrified paving brick at an estimated cost of Fourteen Hundred Dollars ($1400.00) Section 3 That pursuant to the requirements of said resolution adopted on the 16th day of May A D 1916 due notice was given to the owners of the property to be assessed by due and lawful publication in the Fort Collins rviorning Express, a daily newspaper of general circulation in the City of Fort Collins, for the period of twenty (20) days 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 which the coat would be payable, the rate of interest on unpaid and deferred installments, the -2- extent of the district improved, together with the probable cost per front foot as shown by the estimates of the City Engineer, and to the further effect that on the 19th day of June, A D. 1916, at four o'clock P. M. in the Council Chamber in the City of Fort Collins, the City Council would hear and consider all complaints and objections that might be made and filed in writing concerning the proposed improvement by the owners of any real estate to be assessed, that in pursuance of said notice the said City Council did sit to hear complaints at said meeting so held on the 19th day of June, 1916, and that all complaints in writing concerning the proposed improvement which had then and there been filed with the City Clerx were duly considered and overruled Section 4 The City Council finds that all the require- ments of the statute respecting the petition for said improve- ment and the resolutions and notices required by law to be given in respect thereto before the adoption of an ordinance ordering said improvement , have been complied with in all respects, and IT IS HEREBY ORDERED that the improvenenit of College Avenue Improvement District No. 4, as provided for in the map, plans and specifications heretofore adopted by the City Council and approved in this ordinance, be and is hereby ordered toibe constructed Section 5 That under Ordinance No 13 of the Series of 1906, entitled "An Ordinance Granting to The Denver & Inter- urban Railroad Company, its Successors and Assigns, the Right to Construct , Maintain and Operate a Street Railway in the City of Fort Collins, Colorado , and Granting a Right of Way to said Company, its Successors and assigns, Over, Along and Across Certain Streets, Alleys and Public Highways of the City of Fort Collins," the said The Denver w Interurban Railroad Company is obligated to pave zU or otherwise improve the streets when -3- so ordered by the City Council., and The Denver & Interurban Railroad Company has elected in writing duly filed in the office of the City Clerk, to have paved the street in said district so far as the same is occupied by the tracks of the said company with vitrified brick to the extent of the street occupied by its said tracts and twentyfour (24) inches on each side of the outside rail of said tracks, which amount has here- tofore been estimated by the City Engineer at f D U snuare yards and estimated to Bost Fourteen Hundred Dollars 41400 00) , and the said The Denver & Interurban Railroad Company has elected to pay the cost of said construction in annual installments as other assessments are paid in said district, and the cost of paving said area herein described as belonging to The Denver & Interurban Railroad Company shall be assessed to said company and collected in the same manner as the other assessments in said district Section 6 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 commenced in said district , and in such form as may be approved by the City Council after submission by the Commissioner of Finance , the said bonds shall bear the name of College Avenue Improvement District No 4, and shall be payable in twenty (20) annual install- ments, five per cent thereof payable in each and every year during said period, and shall bear interest at the rate of six per cent per annum, payable semi-annually, said interest to be evidenced by coupons attached to the principal. bond and attested by the f ac-simile signature of the City Clerk, which said bonds shall be in denominations of Five Hundred Dollars ($500.00) each -4- Each of said bonds shall be subscribed by the Commissioner of Safety and Ex-officio Mayor and attested by the City Clerk with the corporate seal of the city, and registered with the City Treasurer, and shall be issued from time tib time as required for the payment of the work herein provided Said bonds shall be redeemable out of the moneys collected on account of assess- ments made for said improvements, all moneys collected from said assessments or from the sale of the bonds for said improvement shall be credited to College Avenue Improvement District No 4, and the funds so collected shall only he used for the payment of the work of construction of said improvement and the redemption of said bonds and the interest thereon Said bonds shall be numbered l to inclusive , and shall be redeemable consecutively according to number and in the order of issuance Said bonds shall only be issued by the City Treasurer on estimates and order of the City Engineer, signed and approved by the Commissioner of Safety and Ex-pff icio Mayor All of said bonds shall be absolute- ly due and payable twenty (20) years after the date of issuance but shall be subject to call and payment at any time prior thereto, as provided in Chapter C of the Revised Statutes of 1908, relating to public improvements in cities of less than one hundred thousand inhabitants Pursuant to the power and authority contained in 85398 of the Revised Statutes of 1908 the payment of all the bonds issped in virtue of this ordinance is hereby guaranteed by the City Bf Fort Collins Section 7 The said bonds, and coupons attached thereto, shall be in substantially the following form U N I T E D S T A T E S O F A M E R I C A STATE OF COLORADO CITY OF FORT COLLINS No. College Avenue Improvement District No 4 The City of Fort Collins, in the County of Larimer and -5- 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 o ice o the City Treasurer o+f said City, on the _ day of , 1936 subject to call and payment, however, at any time prior thereto as provided in the Act of the General Assembly hereinafter mentioned, with interest thereon from date until payment at the rate of six per centum per annum, payable semi-annually on the day of , and the day of at the o ice of the City Treasurer of the City of Fort Coll.Lns, 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 College Avenue Improvement District No 4, by virtue of and in full conformity with an Act of the General Assembly of the State of Colorado, entitled, "An Act to Provide for the Construction of Local improvements in Cities of all Classes having a Population of less than One Hundred Thousand, and Incorporated 'iowns, the Issuance of Local Improvement Bonds therefor, and the Assessment and Pay- ment of the Cost of Said Improvements," approved April 8, 1899 , said Act being the same as Chapter C of the Revised Statutes of 1908 concerning public improvements, and an ordinance of said city duly adopted and approved, published and made a law of said city prior to the issuance thereof. 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 College Avenue Improvement District No 4 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, 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 assesvyv, ajnd d by an ordinance of said city, said lien having priority over ather liens, except other bonds hereto- fore issued by said C the lien of general taxes, but payment of said bo is guaranteed by the City of Fort Collins as provided by 1 and the ordinance authorizing the issue thereof, and it s hereby certified and recited that the total issue of bonds of said city for said district including t1is bond, does not exceed the estimate of the City Engineer, the contract price for said improvement nor the amount autnorized by law, and it is further hereby certified and recited that every requirement of law relating to the creation of said College Avenue Improvement District No 4, 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, 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 , 1916 Commissioner of Safe y and Ex-officio Mayor. ATTEST City Clerk -6- (Form of Coupon) No. n fie- day, of 19 the City of Fort Collins will pay to the bearer dollars in lawful money of the United States , at the office—of the City Treasurer of Fort Collins, Colorado, being six months' interest on its local improvement bond dated 1916 issued for the construction of the local improvement—]mown as Dollege Avenue Improvement District No. 4, provided this bond shall not have been h eretofore paid Attached to Bond No City Clerk Section 8. The Commissioner of Finance and Ex-officio Treasurer is hereby directed and authorized to have printed a sufficient number of bonds of the denomination of Five Hundred Dollars (%500.00) each, numbered from 1 to inclusive , as are required to meet the estimated cost of said improvement as herein provided, and when said bonds shall have been duly pre- pared they shall be retained by the City Treasurer to be issued from time to time as hereinbefore provided Section 9 Whenever considdred prudent by the City Treasurer, he is hereby authorized and empowered whenever funds may be in his hands to the credit of College Avenue Improvement District No. 4 exceeding 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 said bonds so issued shall:be called and paid in their numerical order Section 10 Upon the taking effect of this ordinance, the Mayor is hereby authorized and empowered to advertise for bids for the construction of said improvement in accordance with the maps, plans and specifications heretofore adopted, which advertisement shall not be less than ten days in the -7- • official newspaper published in the City of Fort Collins , and all bids received under said advertisement shall be sub- mitted 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 improvement After the contract is awarded for construction the City Council shall require a bond for the faithful performance of the same of not less than twenty-five per cent of the contract price , with sufficient surety or sureties to be approved by the Commissioner of Safety and Ex-officio Mayor, and the work of construction, when so awarded under such contract, shallbe under the general control of the Commissioner of Public Works and in the immediate control and supervision of the City Engineer, whose decisions in all matters of dispute respecting compliance with this ordinance and the contract made thereunder, 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 pro- visions of the acts under which the City of Fort Collins exists, and of this ordinance , and that the agreed payments shall not exceed the estimate of the City Engineer and the amount appro- priated, and that upon ten 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 improvement , that the improvement is not being constructed in accordance with the contract, then the City Council may consider the complaint and make such orddr as may be just , and their decision shall be final The City Council shall 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 deem it 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 -a- hiring parties by the day and to arrange for purchasing the necessary materials to do such work under the direction super- vision and control of the Commissioner of Public Works and the City Engineer, acting for said city Section 11 When the said public improvement in College Avenue Improvement District No 4 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 said College Avenue Improvement District No. 4 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, the sides of the corner lots abutting upon the street or alleys so improved being regarded as frontage to the extent of twenty-five (25) feet, the cost of the street intersections to be assessed one-half to the City of Fort Collins and the remaining half as provided by law, which assess- ments when so reported 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 12 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 then ten (10) days in the official newspaper of said city, and sell as many bonds as may be necessary and use the proceeds thereof for said purpose , and in accordance with the provisions of C5393 of the Revised Statutes of 1908 Section 13. This ordinance shall be irrepealable until the indebtedness herein provided for, whenever the same shall -9- be created, shall have been fully paid, satisfied and dis- charged, as herein provided Introduced, read and ordered published this 19th day of June, A D 1916. Passed and adopted this a_.day of July A D 1916 Commissioner of Safety and Ex-off&cio .dayor ATTEST /s/ Ray Baxter City Clerk STATE OF COLORADO, ) -ss COUNTY OF LARIMER ) I , RAY BAXTER, City Clerk of the City of Fort Collins, do hereby certify and declare that the foregoing ordinance, consisting of thirteen (13) sections, duly pro- posed and readaat length at a meeting of the City Council held on the 19th day of June, 1916 was duly ordered by "Aye" and "Nay" vote to be published in the Fort Collins Morning Express , a daily newspaper of the City pf Fort Collins, in accordance with the provisions of Section 7 of Article IY of the City Charter. that thereafter and on, to-wit, the day of July, A. D 1916, at a regular meeting of the City Council. said brdinanee came before said Council on its final passage , a period of more than ten days having elapsed since the publication as above set forth, and that the said ordinance was upon second reading adopted as an ordinance, and thereafter and on, to-wit , the day of July, A D. 1916, said Ordinance No as finally passed and adopted was duly published in the Fort Collins Morning Express, a daily newspaper published in the City of Fort Collins Colorado ? 3A,4 In Witness Whereof, I have hereunto set my hand this day of July, A D 1916 City Clerk