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HomeMy WebLinkAbout024 - 06/30/1920 - RELATING TO THE CREATION OF HOWES STREET IMPROVEMENT DISTRICT NO. 14 (EMERGENCY ORDINANCE) 1 OF.DINAN'CE NO. 1,/� , 1920, BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF HOWES STREET IMPROVEMENT DISTRICT NO. 14, PROVIDING FOR THE CONSTRUCTION OF I'26 ROVEMENTS THEREIN, 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 6th day of `_?arch, 1920 , which said petition was duly and regularly signed, by the owners of a majority of the frontage in the proposed district , as evidenced by the resolution of the City Council duly adopted on the 13th day of 1-Harch, 1920 , there is hereby created and organized an improvement district under and by virtue of Subdivision 110" of Chapter 120 of the Revised Statutes of 1908 of the State of Colorado, concerning public improvements in cities and -towns of less than one hundred thousand inhabitants, to be known as H617ES STREET IIdPROVE11EET DISTRIQP NO. 14 , corlprising the street .areas limited and de' fined as follows, towit : Being all that portion of Howes Street extending from the intersection of Howes Street with the north boundary line of Laurel Street , and thence extend- ing to the north line of LaPorte Avenue where the same inter- sects Howes Street , excluding therefrom the street intersec tion of Howes Street with Pest Mountain Avenue which is in- cluded in West Mountain Avenue Permanent Improvement District No. 8; and also including that portion of LaPorte Avenue ex- tending from the west line of Howes Street where the same in- tersects LaPorte Avenue to the east line of ;Jason Street where the same intersects LaPorte Avenue , and .including the lots and blocks fronting on said portion of Howes Street and said portion of LaPorte Avenue , all in the City of Fort Collins, Colorado, for the purpose of or- dering the grading, paving, curbing and guttering of said street area within said proposed district , within Hoives Street , and forty-eight (48) feet in width within LaPorte Avenue to the west line of :.!aeon Street ; all said roadways to be improved by paving to consist of one-course , reinforced concrete, the same as installed in South College Avenue Improvement District . ??o. 11 in said City of Fort Collins , and the street intersection area from the west property line of iaason Street to the east property line of I'Jason Street to 'be paved therein shall be fifty-eight (58) feet in width and one hundred (100) feet in length, being the combined area of both the railway and street intersection, the north line of which combined area is parallel to and twenty-six (26) feet south of the north property line of LaPorte Avenue, and the south line of which combined area is parallel- to and sixteen (16) feet north of the south property line of - LaPorte Avenue, which said area, exclusive of the rail way trackage of the Colorado & Southern Railway Company, is ,to be paved in the same manner as the balance of the district , and the area of the railway trackage is to be paved in accordance with the map, plans and specifications to be hereafter submitted by the City. Lngineer and duly approved by the City Council; curbs and gutters in said district to be of cement concrete in accordance with the -2- plans and specifications for the district ; including in said district the lots fronting and abutting upon said district., being Blocks 95, 98 , 105, 106 in Harrison' s Addition to the City of Fort Collins , Blocks 94, 93 , 92, ; 91 , 41 , Washington Park, 31 , 101 , 102 , 103, 104, 42 , 32, 12 , and. 21 , and all the lots fronting and abutting on . said Howes Street and said LaPorte Avenue within said district , all in the City of Fort Collins; all of which said lots , blocks and lends shall constitute said Howes Street -Improvement District No. 14, for the purpose of assessment as herein provided for the iirprove:pents to be constructed therein. Section 2 . That the said petition prated for the permanent improvement of said district ,by grading, paving , curbing and guttering, to consist of reinforced concrete paving, otherwise known and described as one_ course ,' reinforced concrete, the same as installed in . South College Avenue Improvement District Aio. 11 , and guttering and curbing with cement in accordance with the specifications of the city engineer 'for said district , which said petition was made and filed under the pro_ visions of Subdivision °C" of Chapter 120 of the Revised Statutes of 1208 of the State of Colorado, concerning pub- lic i,rprovements in cities and to'rns of less than one hundred 'thousand inhabitants; and that the plans and specifications , -together with the map, -prepared by the City Engineer , be and are hereby adopted as the map, plans and specifications for said district , and said work of construction of said improve- ments is hereby ordered to be done in accordance therewith, as provided by law, together with the estimate of the cost of said constructon. of said improvements, amounting to $114,244.03 (now reduced to $112;207.87} , which amount includes the cost to .be assessed against the Fort Collins .4unieipal Railway for paving 0375 square yards of street area , $2 ,405.36; and against the City of Fort Collins for one-half the cost of paving street intersections , " 3211.85 square yards," $11 ,445 . 47; The Colorado & Southern Railway Company. for paving track area, 600 square yards (now re- .duced to 348 square yards) , $4,848.00 (now reduced to $2811.84) , leaving a balance of $95 ,545 .20 .to be assessed against, the owners of, the lots. 'and lands in said district abutting upon said improvement, and the engineer' s estimate of the cost per front foot to the owners of the lots and lands in said district abutting upon said inprovem ent . -3 a- The road area to be paved includes 28, 772.2 square yards, in- cluding the trackage of the Fort Collins '_iunicipal Railway, whibh amounts to 675 square yards. Sectior.•.3. That pursuant to the requirements of the resolution of the City Council adopted on the 21st day of April, 1920, due notice was given to the o,sners of property , to be assessed, by due and lawful publication in the Fort Col- lins Exoress, a daily newspaper of general circulation in the City of Fort Collins, for a 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 improvement proposed, the number of installments and the time in which the cost would ,be payable, the rate of interest on unpaid and deferred install- ments, the extent of the district improved, together with the probable cost per front foot as shown by the estimate of the City Engineer , and to the further effect that on the. 29th day of 11ay, A.D. 1920, at one o' clock P.M. , in the Council Chamber in the City Hell of 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 im- provement by the owner 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 held on the 29th day of !lay, 1920 , and that all complaints in writing concerning the pre- posed improvement which had then and there been filed with the City Clerk were duly considered and overruled. -4- Section' 4. The City Council finds that all the requirements of the statute respecting the petition for said im- provement and the resolutions and notices required by law to be given in respect thereto before the adoption of an ordinance or- dering said improvement have been observed and complied with in all respects; and it is hereby ordered that. the improvement of Howes Street Improvement District No. 14 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 to be constructed. Section 5. For the purpose of paying the cost of said improvement , 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 , 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 Howes Street Improvement District No. 14 of the City of Fort Col- lins , and shall be payable in twenty (20) annual installments , . five per cent (5�) thereof payable in each and every year during ' said period, and shall bear. interest at 'the rate of five and one- half per cent per annum, payable seini-annually, . said in terest. 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 LtA416 Dollars ( ;oo°%j each. Each of said bonds small be subscribed by the Commissioner of Safety and Ex Officio lulayor , and attested by the City Clerk with the corporate seal of the Citv and' register- I ed with the City Treasurer , and shall be delivered from time to time as required for the payment of. the work herein Provided. Sail bonds shall be redeemable out of the moneys , collected on account of the assessments made for said im- provements; all moneys collected from said assessments or from the sale of bonds for said improvements shall be cre- dited to Howes Street Improvement District Ho. 14, and .the funds so collected shall only be used for the payreiit of the • work of construction of said improvement and the interest thereon. Said bonds shall be numbered from 1 to in- clusive, 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 esti-' mates 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 ab- solutely 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 Subdivision "C° of Chapter 120 of the Revised Statutes of 1908 of the State of Colorado,. . relating to public improvements in cities and towns of less than one hundred thousand inhabitants. Pursuant to the power and authority contained in Section 5398 of said Re- vised Statutes of 1908, the payment of all the bonds issued in virtue of this ordinance is hereby guaranteed by the City of Fort Collins. -g- Section 6. Said bonds and the coupons attached thereto shall be'in substantially the following form: UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLINS HOWES STREET IMPROVEMENT DISTRICT N0, 14. No. The City of Fort Collins , in the County of Larimer 'and State of Colorado, for value received, acknow- ledges 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 call and payment , however, at any time prior thereto, as provided in the Act of the General Assembly hereinafter mentioned, : ith interest thereon from date until payment at the rate of five and one-half .per centum per annum, payable semi-annually on the day of and the day of , at the office of the City Treasurer of the City of Fort Collins , upon presentation and surrender of the annexed coupons as they severally be- come due. This bond is issued for the purpose of paying. the cost of the local improvement in Howes Street Improvement District No. 14 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 Towns , the Issuance of Local Improvement Bonds therefor, and the Assessment and Payment of the Cost of said Improvements , " approved April. 8, 1899, said Act being the same as Subdivision "C" of Chapter 120 of the Revised Statutes of 1908 of the State of Colorado, concerning public improvements , and an ordinance of said city duly adopted and approved, published and made a law of said city prior to the issue hereof. 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 Howes Street Imnrovernent District No . 14, especially bene- fated by said improvements , and the amount of the' assessment so to be made upon the real estate in said District for the payment thereof , :pith 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 law and the ordi- nance authorizing the issue hereof; 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 , the contract price for said improvement , nor -7- the amount authorized by law; and it is further hereby certi- fied and recited that every requirement of law relating to the • creation of said Howes Street Improvement District No. 14, the making of said local improvements 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 bona to render the same lawful and valid, have happen- ed and been properly done and perforil:ed, and did exist in re- gular and die time, form and manner as required by law. In Testimony ldhereof , the said City of Fort Collins has caused this bond to be subscribed by its Com- missioner of Safety and Ex Officio Hayor, 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 Clerk, as of the day of , 1980. Commissioner of, Safety an ATTEST: Ex Officio iiayor . CITY CLERK. (Form of Coupon) . . On the 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 , 1920, issued for the construction of the local improvement known as :owes Street Improvement District No. 14; 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 r f Xfive � . Dollars each, numbered from l to "k7q inclusive, as is required to meet the estimated cost of said improvement as herein provided, and w1:en 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 hereinbefore r_rovided. i Section 8, wherever considered prudent by the City Treasurer , he is, hereby authorized and empowered, whenever funds may be in his hands to the credit of Howes Street Improvement District No. 14, including six months' interest on the unpaid principal, to advertise two inser_ Lions in the official newspaper of said City and call in a suitable number of bonds of said district for payr_ent , and at the expiration of thirty (30) days from the first publi- cation 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 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 improvement in accordance with the. map, plans and specifications heretofore adopted, which advertisement shall not be less than ten days in the daily, official newspaper published in the City 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 i proveraent . After the contract is awarded for construction„the City Council small 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 Safe•4j and Ex Officio Mayor , and the work of construction 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 supervision of. the City Engineer , whose deci- . Sion 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 parties thereto. When 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 ordinance, and that the agreed payments shall not exceed the estimate 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 sus- -ended for substantial cause and upon complaint of any owner of real estate to be assessed for the improve-ment , that_ the improvement is 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 s`:all be final. The City Council shall have the right to reject any and all bids which spay 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 tothe best interests of said City of Fort Collins, the said City Council is hereby authorized and empowered to pro-aide for doing such work by hiring parties by the day and to .arrange for purchas- ing the necessary materials to do such work. under the direc- tion , supervision. and control of the Commissioner of Public llorks and the City Engineer , acting for said City. -10- Section 10. When the said public improvement in Hones Street Improvement District No. 14 shall have been completed and .the same approved by the City Engineer and re- commended for acceptance by said officer , and duly accepted by the City Council of the City of Fort Collins, the cost thereof shall be assessed uron the lots or tracts of land abutting upon said Howes Street Improvement District No. 14, 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 streets or alleys so improved being regarded as front ageto 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 assessments when so reported by the City Engineer and approved by the City Council shall be assessed against the property in said improvement dis- ..trict by an ordinance' to be adopted as provided by law. Section 11. For the purpose of paying for en- gineering- and other clerical expenses and the cost of inspec- tion, upon the approval of the City Council, the Commissioner of Safety and Ex Officio Mayor is •autherized to advertise for not less than 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 Section 5393 of said Revised Statutes of 1908. Section 12. This ordinance shall be irrereal- able until the indebtedneseaherein provided for, whenever the same shall be 'Created, shall have been fully paid, satisfied . and discharged, as herein provided. . -11- 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 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 r•,embers of the City Council this 26th day of June,A.D. 1920. Comm_issi ner of etyty an� / Fx .Officio Mayor. ATTEST: LC t y Clerk. -12- STATE OF COLORADO ) SS. . COUNTY OF LARI^IIER ) I , A. J. ROSENOT, City Clerk of the City of Fort Collins , do hereby certify and declare that the foregoing ordinance, consisting of thirteen (13) sec- tions , was duly proposed and read at length at a regular meeting of the City Council held on the loth day of 'Jung, A.D. 1920, and was duly adopted and ordered published in the Fort Collins Express , 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 City of Fort Collins , and thereafter , and on, touit : the �` " day o A.D. 1920 , said Ordinance No. was duly published in the Fort Collins Express, a daily newspaper published in the City of Fort Collins, Colorado. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City this day of A.D. 1920 . City Clerk.