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HomeMy WebLinkAbout011 - 04/24/1920 - RELATING TO THE CREATION OF ALLEY IMPROVEMENT DISTRICT NO. 3 (EMERGENCY ORDINANCE) ORDINANCE NO , 1920 BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF ALLEY IMPROVEMENT DISTRICT NO 31 PROtiIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN AND AUTFORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF CONSTRUCTION T AERE OF 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 1920 which said petition was duly and re- gularly signed by the owners of a majority of the xront- age in the proposed district , as evidenced by the resolu- tion of the City Council duly adopted on the 13th day of March 1920 there is hereby created and organized an im- Drovement district under ana by virtue of Subdivision "Cu 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 ALLEY IMPROVEMEPTT DISTRICT NO 3 comprising the alley area limited and defined as follows, towit The alley in Blocks 121 and 1221 extending from the inter- section of saia alley with East Mountain Avenue to its in- tersection with East Olive Street , and also the alley in Block 121 extending easterly from its intersection with the north and south alley to its intersection with Remington Street including dr veway intersection with Remington Street and driveway intersection with East Olive Street , excluding therefrom the intersection of said alley with Oak Street and including the lots and blocks fronting and abutting on said portion of said alley, all in the City of Fort Collins, for the purpose of ordering the grading, paving curbing and guttering, where necessary, of said alley area within the proposed district, all ofteaid alley area to be improved by paving to consist of one-course six inch concrete and the gutters and curbs to be of concrete cement of the same speci- fications as in Consolidated Improvement District No 5 in said City of Fort Collins, including the lots fronting and abutting upon said alley, being the lots in Blocks 121 and 122 within said district to be assessed for the improvements hereinabove described Section 2 That the said petition prayed for the permanent improvement of said district by grading paving, curbing and guttering to consist of ml ks 4- concrete pav- ing, otherwise known and described as one-course , six inch concrete cement ana guttering and curbing with cement in the same manner as in Consolidated Improvement District No 5, which said petition was made and filed under the provisions of Sub- division °C" of Chapter 120 of the Revised Statutes of 1808 of the State of Colorado, concerning public improvements in cities and towns 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 aistrict and said work of construction of said improvements is hereby ordered to be done in accordance therewith, as provided by law, together with the estimate of the cost of said construction of said improve- ments , amounting to Six Thousand One HundredoEighty-nine and 47/100 Dollars ($6189 47) for paving 2104 square yards at the Y -2- cost per front foot of $3 328 including curb and gutter, said amount to be assessed against the owners of the lots and lands in said district abutting upon said improvement , and the en- gineer' s estimate of the cost per front foot to the owners of the lots and lands in said district abutting upon said improve- ment Section 3 That pursuant to the requirements of the resolution of the City Council adopted on the 20th day of Varch, 1920, due notice was given to the owners of property to be assessed by due and lawful publication in The Fort Collins Express, 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 shorn by the estimate of the City Engineer , and to the further effect that on the 24th day of April 1920 at one o'clock P M , in the Council Chamber in the City Hall 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 24th day of April, 1920 and that 7W_ complaints in writing concerning the pro- posed improvement which had then and there been filed with the City Clerk -3- Section 4 The h City Council final that all the requirements of the statute respecting the petition for said improvement 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 observed and complied with in all respects, and it is hereby ordered that the improvement of Alley Improvement District No 3 as proviaed 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 Alley Improvement District No 3 of the City of Fort Collins , and shall be payable in twenty (20) annual install- ments five per cent W) thereof payable in each and every year during said period and shall bear interest at the rate of five and one-half (52) 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 &Lza L Dollars ( ma each Each of said bonds shall be subscribed by the Commissioner of Safety and Ex Officio Mayor and a+tes*ed by the City Clerk with the corporate seal of the City and re- -4- gistered 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 accosnt of the assessments made for said improvements, all moneys collected from said assessments 7 from +he sale of bonds for said improvements shall be credited to Alley Improvement District No 3, and the funds so collected shall only be used for the payment of the work of construction of said improvement and the interest thereon Said bonds shall be numbered from 1 to l lv', inclusive and shall be redeemable consecu+ivel accordi ng ing to number and in the order of issuance Said bonds shall only be issued and de- livered by the City Treasurer on estimates and order of the City Engineer signed and approved by the Commissioner of Safety and Ex Officio ,dayor when said estimates have been duly audited and approved by the City Council and ordered paid All of said bonds shall be aosolutely 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 Coloraao, relating to public improvements in cities and towns of less than one hun- dred thousana inhaoitants Pursuant to the power and authority contained in Section 5398 of said Revised Statutes of 1908, the payment of all the ponds issued in 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 -5- UNITED STATES OF AIAERICA STATE OF COLORADO CITY OF FORT COLLINS ALLEY IdPROVEMENT DISTRICT NO 3 NO The City of Fort Collins in the County of Larimer and State of Colorado, for value received acknowledges iteelfu indebted and hereby promises to pay to the bearer hereof the spun 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 with 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 become due This bond is issued for the purvose of paying the cost of the local improvement in Alley Improve- ment District IT 3, by virtue of and in full conformity with an Act of the General Assembly of the State of Colo- rado, entitled, "An Act to Provide for the Construction of Local Improvements in Cities of all Classes having a Population of less than One Lundred Thousand and In- corporated 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 con- cerning public improvements , and an ordinance of said City duly adopted and approved, puolished and made a law of said city prior to the issue hereof This bond is payable out of tre proceeds and special assessments to be levied upon the real property situate in the City of Fort Collins in said Alley Improvement District No 3, especially benefited 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 in- terest , is a lien upon the said real estate in the res- pective 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 ;hat the total issue of bonds of said city for said district including this bond aces not exceed the estimate of the City Engineer the contract price for said improvement nor the amount authorized by law, and it is further heresy certified and recited that eve.Ly requiretment of law relating to the creation -6- of said Alley Improvement District No 3 , 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 issu- ance 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 t'iis bond to be subscribed by its Commissioner of Safety and Ex Officio Mayor, attes- ted by its City Clerk under the Beal 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 192_ Commissioner o e y an Ex Officio Mayor ATTEST City Clerk (Form of Coupon) No 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 , 192 , issued for the construction of the local improvement known as Alley Improvement District No 3, provided this bond shall not have been heretofore paid Attached to Bond do t y er 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 de- nomination ofarrx- Dollars (6 ero ) each numbered from 1 to !l._� inclusive, as is required -7- 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 Cicy Treasurer to be issued and delivered from time to time as hereinbef ore pro- vided 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 Alley Improvement District No 3 , including six months ' interest on the unpaid principal, to advertise two insertions , a week apart, in the official newspaper of said City and call in a suitable number of bonds of said aistrict for payment , and at the expiration of thirty (30) 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 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 (10) days in the daily official newspaper published in the City of Fort Collins , and all bids received under said advertise- ment 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 After the contract is awarded for construction, the City -8- 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 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 decision in all matters of dispute res- pecting 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 abpropriated and that upon ten days' notice the work under said ocntract 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 improve- ment is not being constructed in accordance with the con- tract , then the City Council may consiaer tle complaint and make such order 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 judg- ment of the City Council it shall be deemed to the best in- terests of said City of Fort Collins the saia City Council is hereby authorized and empowered to provide for doing such -9- 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 Works and the City Engineer acting for said City Section 10 When the said public improvement in Alley Improvement District No 3 shall have been completed and the same approved by the Cit; 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 Alley Improvement District No 3, 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 cor- ner lots abutting upon the alleys so improved being regarded as frontage to ' he extent of twenty-five (25) feet, which assessments 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 11 For the purpose of paying for engineering and other clerical expenses and the cost of in- spection, upon the approval of the City Council the Commis- sioner of Safety and Ex Officio Mayor is authorized to ad- vertise for not less than ten (10) days in the official news- paper of said city and sell as many bonds as may be neces- sary and use the proceeds thereof for said purpose, ana in accordance with the provision of Section 5393 of said Revised Statutes of 1908 Section 12 This ordinance shall be irrepeal- aole until the indebtedness herein provided for whenever the _10- same shall be created shall have been fully paid, satisfied and discharged as herein provided Introauced, read at length and adopted by the unanimous vote of all the members of the City Council this 24th day of April, A D 1920 //ems Commissioner or 5drety and Ex Off icio Major ATTEST ,,W -City Clerk STATE OF COLORADO ) SS COUNTY OF LARIMER ) I A J ROSENOw, City Clerk of the City of Fort Collins, do hereby certify and declare that the fore- going ordinance, consisting of twelve (12) sections was dull proposed and read at length at a regular meeting of the City Council held on the 24th day of April, A D L920 and was duly adopted and ordered published in the Fort Collins Ex- press, a daily newspaper and the official newspaper of tie City of Fort Collins, by the unanimous vote of all members of the City Council, as an emergency ordinance, in accor- dance with the provisions of Sections 6 and 7 of Articlg IV of the City Charter, and thereafter on towit the day of April, A D 1920 said Ordinance No �_ was duly published in the Fort Collins Exprees, a daily newspaper published in the City of Fort Collins, Colorado IN V9ITNESS THEREOF I have rereuno set my hand and affixed the seal of said City this day of April , A D 1920 — p2LO'X.� 'City Clerk _11-