HomeMy WebLinkAbout009 - 06/08/1914 - RELATING TO JEFFERSON STREET IMPROVEMENT DISTRICT NO. 1 ORDINANCE NO 9 1914
RELATING TO JEFFERSON STREET IMPROVEMENT DISTRICT NO 1 THE
CONSTRUCTION OF IL2ROVF=NTS TI-1E'ZUIF AND PROVIDING
FOR THE ISSUANCE OF BONDS TO PAY THE COST OF COISTPUCTION
THEREOF
BE IT ORDAINED BY THE CITY COUFCIL OF THE CITY OF FORT COLLINS
Section 1 That pursuant to a petition duly presented to
the City Council on the 19th day of August 1912 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 a resolution adopted by the City Council on
the 22d day of September 1913 there is hereby created and
adopted an Improvement District under and by virtue of an act
of the General Assembly to provide for the construction of
local improvements in cities of all classes having a population
of less than one hundred thousand and incorporated towns the
issuance of local improvement bonds therefor and the assessment
and payment of the cost of said improvements approved April 8
1699 to be known as "Jefferson Street Improvement District
No 1" comprising 'Jefferson Street from the intersection of said
street with North College Avenue to the point of intersection
with East Mountain Avenue and more particularly described as
follows G Being the roadway area on Jefferson Street from the
east line of College Avenue to the intersection of Jefferson
Street and Lincoln Avenue on the north line of Iuountain Avenue
which is fifty-four (54b feet in width and all the lots and
blocks fronting and abutting on said improvement district
Section 2 The said petition provided for the use of
Sherman Hill gravel which is hereby adopted for the surfacing
of said street together with the curbing guttering and alley
approaches to be constructed of cement all of which work bf
construction is to be done in accordance with the map plans
and specifications heretofore reported to the City Council by
the City Engineer under authority heretofore granted the said
City Engineer to prepare the same, and which said map plans
and specifications were adopted on then— day of
and are hereby approved and adopted in this ordinance as the
map plans and specifications for the construction of said
improvement as provided by law together with the estimate of
cost of the construction of said improvement amounting to
�9 330 00 together with engineer' s estimate of cost per front
foot to the owners of lots abutting thereon
Section 3 That pursuant o the requirement of said
resolution adopted on the a-(O day of 1914
1914
�9
due notice was given by due and lawful publication in the
Fort Collins Express a daily newspaper of general circulation
pitbliehed in the City of Fort Collins Colorado for a period
of twenty (20) days as shown by the proof of publication on
file in the City Clerk's office which said notice was to the
owners of the property to be assessed and describing the kind
of improvements proposed the number of installments and the
time in which the cost will be payable the rate of interest
on unpaid and deferred installments the extent of the district
improved together with the probable cost per front foot as
shown by the estimates of theCity Engineer and to the further
effect that on the 25th day of bray 1914 at four o' clock p m
at the Council Chamber in the City of Fort Collins the City
Council would hear and consider all complaints and objections that
might be made in v*riti.ng concerning the proposed unnrovement by
the owners of owners of any real estate to be assessed that
in pursuance of said notice the said City Council did sit to
hear complaints and that no complaints in vriti.ng concerning the
said proposed improvement had then and there been filed with the
said City Clerk
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Section 4 The City Council finds that all the reouire-
ments of the statute respecting the petition for said improvement
and the notices required by law to be given in respect thereto
before the adoption of an ordinance ordering said improvement
have been complied with, and it is herebyordered that the
improvement of Jefferson Street Improvement District No 1 as
provided for in the map plans and specifications heretofore
adopted by the City Council and approved in this ordinance
�e and are hereby ordered to be constructed in accordance with
said map plans and specifications
Section 5 Under Ordinance No 13 of the Series of 1906
entitled "An Ordinance Granting to The Denver and Interurban
Railroad Company its Successors and Assigns the Right to
construct Yaintain and Operate a Street Railway in the City
of Fort Collins Colorado and &ranting a Right of [lay to said
Company Its Successors and Assigns Over Along and Across
Certain Streets Alleys Avenues and Public Highways of the
CitSr of Fort Collins " the said The Denver and Interurban Rail-
road Company is obligated to pave or otherTise improve the
streets when so ordered by the City Council and ithe
Denvcr and Interurban Railroad Company has elected to pay its
proportion of the cost of grading and surfacing said improvement
district so far as the same is occupied by the tracks of said
company in said district and to pad the cost thereof as may
be assessed by the City TCouncil to the extent of the street
occupied by its said tracks and twenty-four (24) inches on
each side of the outside rail of said tracks which amount has
heretofore been estimated by the said Engineer at 1020 square
yards and estimated to cost g584 40 and when said improvement
shall have been completed the tout of improving said 1020 square
yards so occupied by the tracks of The Denver and Interurban
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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 for said improvements
bonds of the City of Fort Collins are hereby authorized to be
issued bj the Commissioner of Finance and ex-officio City
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 the 'Sefferson Street Improvement District Ylo 1"
and shall be payable in ten (10) annual installments ten per
cent thereof payable in each and every year during said period
and shall bear interest at the rate of six per cent her annum
payable semi-ai)nually said interest to be evidenced by coupons
attached to the principal bond and attested bar the fac simile
signature of the C t3 ,y Clerk which sai bonds shall be in
denominations of m4.t maze +r ==aum�ffollars (4gAi5B-AO+j
each Each of said bonds shall be subscribed by the Mayor
and attested by the City Clerk with the seal of the City
and registerdd with the City Treasurer and shall be issued
from time to time as required for the payment of the work herein
provided Said bonds shhll be redeemable out of the moneys
collected on account of assessments made for said improvement
all moneys collected from said assessments or from sale of bonds
for said improvement shall be credited to the liefferson Street
Improvement District Tto 1 and the moneys do collected shall
only be 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 1 to"?inclusive and
shall be redeemable consecutively according to number and in
the orddr of issuance Said bonds shall only be issued by the
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City Treasurer on estimates and order of the City Engineer
countersigned and approved by the Mayor All of said bonds
shall absolutely be due and payable ten (10) years after the
date of issuance but shall be subject to call and paymant
at any time prior thereto as provided in the act of the
General Assembly of the State of Colorado hercinbefoie mentioned
Section 7 Said bonds and coupons thereto attached shall
be in substantially the following form
UNITED STATES OF AIMRICA
STATE OF COLM00 CITY OF FORT COLLIITS
No ��®
Local Improvement Bond
Jefferson Street Improvement District No 1
The City of Fort Collins in the County of Larimer and
State of Colorado for value received acknowledges Itself
indebted and reby promises to pay to the bearer hereof
the sum of $ ®D " in lawful monev of the United Stat s
at the office owe City (Preasurer of said City on the 3
day of `LQ
t4KA) 1924 subject to call and payment howrRver
at any time prior thereto as provided in t1le act of the
General Assembly hereinafter mentioned with interest theref)n
from date until payment at the rate of six per ce tum Der
ann ayable s ma-annually on the day of CfiA c( and
the vvP ddy of c{ r� i,/ in each year a the off�,ce oo the
City reasurer of ZP City of Fort ollins �
P;WCvF upon presentation and surrender of the annexed cou-
pons as they setierally beome due
This bond is issued for the purpose of paying the cost
of the local improvements in the Jefferson Street Improvement
District No 1 by virtue of and in full copformity 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 Pppulation of less than
one hundied thousand and incorporated Tov,ns the issuance of
Local Improvement Bonds therefpr and the Assessment and Payment
of the Cost of said Improvements " approved April S 1699 and
an ordinance of said city duly adopted and approved puolished
and made a lww of said city prior to the issuance hereof
This bond is payable solely out of the proceeds of a special
assessment to be levied upon the real property situate in the
City of Fora, Collins in said Jefferson Street Improvement District
No 1 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 said real estate in the respective amounts to be
appor'-ioned 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 and it is hereby certified and
recited that the total issue of bonds of said city- for said
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district including this bond does not exceed the estimate
of the City Lngineer the contract price for said improvement
V1o�JFt the smount authorized by law and it is further hereby
certified and recited that every requirement of law relating
to the creation of said Jefferson Street Improvement District
No 1 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 happendd
and been properly done and performed and did exist in regular
and due time form and manner as requmred by law
In Testimony Whereof the said the Citj of Fort Collins
has caused this bond to be subscribed by its hayor attested
by its City Clerk under the seal of the City and the interest
coupons hereto attached tb be attested b the fac simile signature
of the City Clerk as of the ,�AA day of &etdrN 1914
Mayor
Attest
City Clerk
(For-n of Coupon)
No d
On the day of 19 the City of Fort Collins
will pay theme—"Fe Y i inn lawful money of the United
States at the office of� the City Treasurer of Fort Collins
Colorado
— eing six months interact on its Local
Improvement Bond dated 1914 issued for the
construction of the local improvement known as ''Jefferson
Street Improvement District No 1 providea this bond shall
not have been heretofore paid Attached to bond, No
City Clerk
Section 8 The Comm ssionerr of Finance and lx-officio
City Treasurer is hereby� and di e cted to have printed a sufficient
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number of bonds of the denominat/;..on of O 6 each numbered
consecutively from 1 &lr%, ..as axe required to meet the estimated
cost of said i provement as herein provided and when said bonds
shall have been duly prepared they shall be retained by the
City Treasurer to be issued from time to time as herminbefoxe
provided
Section 9 Whenever considered prudent by the City
Treasurer he is hereby authorized and empowered whenever funds
may be inhis hands to the credit of the said Jefferson Street
Improvement District No 1 exceeding six months' interest on
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the unpaid princip1l to advertise for five (5) days in same
newspaper and call in a suitable number of bonds in said
District for payment and at the expiration of thirty (30) days
from the first vublication interest on the bonds so called
shall cease The notice shall specify the bonds so called
by number and all said bonds so issued thall be 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 map plans and specifications herein men' loned and
as heretofore adopted which said advertisement shell not be
less than ten (10) days in some newspaper of general circulation
published in the Clty of Fort Collins and all bids received
under said advertisement shall 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
improvement if a contract is awarded for construction, the
City Council shall require tkz a bond for the faithful performance
of the same of not less than 5 Per cent of the contract
price with sufficient surety or sureties to be approved by
the Mayor and the work of construction when so awarddd under
contract shall be under the general constrol of the Commissioner
of Public storks and in the immediate control and sunervision
of the City Engineer whose decision In all matters of dispute
respecting compliance with thins ordinance and the contract made
thereunder shall be final and binding upon all parties, thereto
if said contract is awarded it shall contain a clause to the
effect that it is subject to the provisions of the acts under
which the City of Fort Collins exists and of this ordinance and
that the agreed payment thereon shall not exceed the estimated
of the City Engineer and the Amount appropriated and tnat upon
ten day's notice the work under said contract without cost or
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Gla3.m against the City of Fort Collins may be suspended for
substantial cause and upon complaint of any owner of real
esta a to be assessed for the improvement that the improvement
is not being constructed in accordance withr the contract then
the City Council may consider the complaint and make such order
in the premises as shall be just and their decisin shall be
final the City Council shall have the right to reject any
and all olds which may be made by any person or persons for
the construction of the improvement, in said Jefferson Street
Improvement District No 1 and if the said City Council shall
deem it to the best interests of the said City of Fort Collins
the said City Council is hereby empowered to provide for doing
such work by hiring parties tfy 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
Section 11 When the said public improvement in Jeffer-
son Strect Improvement District No ,,shall have been completed
and accepted by the City of Fort Collins the cost thereof shall
be assessed upon all the lots or tracts of lands abutting
upon said Jefferson Street Improvement District No 1 in
proportion as the frontage of each lot or tract of land is
to the frontage of all the lots and lands improved the sides
of the corner lots abutting on the street ar alleys xf to
to the extent of twenty-five (25) feet
improved being regarded as frontage tithe cost of athe street
intersections to be assesses one-half to the City of Fort
Collins and the remaining half as provided by law and all of
said assessments to be made and collected in accordance with
the provisions of ordinance Ido 19 1884 concerning assessment
and collection of special charges
Section 12 This ordinance shall be irrepe alable until
the indebtedness herein provided for whenever the same shall
be created shall be fully paid satisfied and discharged as
herein provided
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Sbetion 13 Ordinance No of 191 "Relating
to said Jefferson Street Improvement District No 1 " is
hereby repealed
Passed and adopted this day of June A D 1914
May or
ATTE
City Clerk
I hereby certify that the foregoing is a true
copy of an ordinance which was introduced read and ordered
published on May 2 S 1914—r and
�which was duly publ ishe d
one insertion in the �dUl �nn�
a daily newspaper on the �I-,4fday of May A D 1914 and
which will come up for final consiceration and passage by
the Council at the regular meeting of the Council on Monday
the AjtLday of ,AA%-C- 1914
Witness m� hand and official se&l this day
of Hay A D 1914
V /14L�
City Clerk