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HomeMy WebLinkAbout018 - 06/19/1926 - RELATING TO THE CREATION OF COMBINED ALLEY IMPROVEMENT DISTRICT NO. 8 (EMERGENCY ORDINANCE) .r ORDINANC-� NO 8 , 1926, BEING AN EMERGENCY ORDINANCE 1TZATING TO THE CREATION OF COMBINED ALLEY IMPROVEMENT DISTRICT NO 8, PROVIDING FOP THE CONSTRUCTION OF IMPROVET�LNTS THEREIN, AND AUTHORIZING THE ISSTJANCE OF BONDS TO PAY THE COST OF CONSTRUCTION THEREOF BE IT ORDAINED BY TIN 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 17th day of April, A D 1926, which said petition was duly Ladd regularly signed by the own-rs of more than ons-third of the frontag- in the proposed district, and by the own re of more than one- third of the area in the proposed district, as evidenced by a resolution of the City Council duly passed and adopted on the 17th day of April A D 1926 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 4, 1923 and Ordinance No 9, 1926 to be known as Combined Alley Improvement District No 8 comprising all property abutting on the alley extending north and south through Block 123, Main Addition to the City of Fort Collins Colorado, from Olive Street to Magnolia Street in the City of Fort Collins Section 2 That the said petition prayed for the improvement of said district by grading, draining and paving the said alley, paving to consist of six inch concrete built in concave form, or as may bs necessary to facilitate the roof, surface and alley drainage of said alley, which said petition was *Wade and filed under the provisions of Ordinance No 7, 1921 as amsnded by Ordinances No 4, 1923 and No 9, 1926, and that the plans and specifications, together with the map prepared by the City Engineer be and the same are h-reby adopted as the map, plans and specifications for said district, and said work of construction of said improvements is hereby ordered to be done in accordance therewith, as provided by law, together with the estiva ted cost of the construction of said improvements amounting to $4303 18, being $4209 88 for the paving of the said alley and $93 30 for th- storm sew-r or the roof and surface drainage of the said alley which amount of $4303 18 includes the cost to be assessed against the property owners for the improvement of the said -1- alley, and all to be assessed against the owners of lots and lands in said district abutting upon said improvements, wben completed and accepted, in accordance with the provisions of Sections 7 and 8 of Ordinance No 7, 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 15th day of May, A D 1926, due notice was given to the owners of property to be assessed, by due and lawful 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 own re of the property to be assessed and designated the kind of improvements proposed, the number of installments and the time in vnich the cost would be payable, the rate of interest on the unpaid and def-rred install- ments, the extent of the district improved, together with the probable cost per front foot and per square foot, as shown by the estimate of the City Ehginser, and to the further effect that on the 19th day of June, A D 1926, 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 consider all comolaints 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 said notice the/City Council did sit to hear complaints at said me ting held on the 19th day of June, A D 1926 and that no complaints in writing cone rning 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 lav 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 improvement of Combined Alley Improvement District No 8 as provided for in the map, plans and specifications heretofore adopted by the City Council, and auproved in this ordinance, be and is hereby ordered to be cots tructed -2- Section 5 'or the uurpose of paying the c 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, wh3,.h 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 Finances said bonds shallbear the name of Combined Alley Improvement District No 8 of the City of Fort Collins, and shall be payable in twenty (20) annual in�tallm-nts, five (5%) per cent to-reon payable in each and every year during said ueriod, and shall bear interest at the rate of five (5%)ppsr cant psr annum pavable 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, avhich said bonds shall be in denominations of two hundred ($200 oo) dollars each Each of said bonds shall be subscribed by the Commissioner of Safety and Ex-Officio Mayor, counter- signed by the Commissioner of Finance and Ex-Officio City Treasurer, and attes*ed by the City Clerk with 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 Combined Alley Improvement District No 8 and the funds so collected shall only be used for the payment of the work of construction of said improvements and the interest thereon Said bonds shall be numbered from 1 to -61 2 inclusive, and shall be redsemable consecutively, according to numb--r and in the order of issuance Said bonds shall onlv be issued and delivered by the City Treasurer on estimates and order of the City Engineer signed and approved by the Commissioner of Safety and Ex-Officio Mayor, when said estimates have been duly addited 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 -3- Section 6 Said bonds and the coupons attached thereto shall be in substantially the following form UNITED STAT713 OF AITERICA STATE '1F COLORADO CITY OF FORT COLLINS COMBINED ALLEY I�TPRO"_VNT DI9TRICT NO 8 No The City of Fort Collins, in the County of Larimer, and State of Colorado, for valas 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 office of the Citf Treasurer, of said City, on the day of , 19 , subject to call and payment, however, at any time prior th-reto, as provided 7n the amendment of Section 1 of Article XVII of the City Charter, passed and adopted April 6, 192D, and Ordinance No 7, 1921s relating to local public improvements, as amended by Ordinances No 4, 1923 and No 9 1926 with inter-at thereon from date until payment at the rate of five par cent per annum, payable sari-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 aeverally become due This bond is issued for the purpose of paying the cost of the local improvement in Combined Alley Improvement District No 8 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 Ordinances No 4 1923 and No 9, 1926 This bond is payable oat of the proceeds and special assessments to be levied upon the real property situate in the City of Fort Collins in said Combined Alley Improvement District No 8, -specially benefitted by said improvements, and tYa 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 amourts to be apportioned to said real estate and to be assess-d by an ordinance of said city, said lien having priority over all otter liens, except oth-r bonds heretofore issued by said City, and the lien of general taxes, but Fayment 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 estimat of the City Engineer, and the contract pries for said improvements, nor the amount authorized by law and it is further certified and r-cited that every requirersnt of law r-latirg to the or-ation of said Combined Ally Improvement District No 8 the making of said local improvement and the issuance of tiis bond, has been Hilly complied with by the v roper officers of said city and that all conditions required to exist and all things required to b- dore precedent to and in the issuance of tfis bond to render the same lawful and valid, have happened, and been properly done and performed, and did exist in r-gular and due time, form and manner as required by law In Testimony VCh-reof, The said City of Fort Collins has caused this bond to besubscribed by its Commissioner of Safety and Ex-Officio Mayor countersign-d 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 th-reto a tacked to be attested by the fac simile signature of the City Clerk as of the day of 19 Commission of Safety and Ex-Officio Mayor Countersigned ATTEST Commissioner of Finance and Ex-Of`icio City Treasurer City Clerk .4- (Form of Coupon) No $ On the day of 19 , the City of Fort Col�ine rill 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 irproverrent bond dated 19 , issued for the construction of the local improvement known as Combined Alley Improvement District No 8, provided this bond shall not have been here ofore paid Attached to Bond No City Clerk Section 7 The Commissioner of Firance and Ex-Officio Treasurer is hereby authorized and directed to have print-d a sufficient number of bonds of the ollars denomination of two hundred ($200 oo1�ach numbered from 1 to z inclasive, as is required to rreet the estimated cost of said improvements as herein provided, and when said bonds shall have been fuly prepared, they shall be retained by t'l+e City Treasurer to be issued and deliver-d from tine to time as hereirbefore provided Section 8 FlhenevAr considered prudent by the City Treasurer he is h-reby authorized and empovv3red, whenever funds may be in his hands to the credit of Combined Alley Improvement Diet-ict No 8 including 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 bonds so issued shall be called and paid in their numerical order Section 9 Upon the takirg ef"ect of this ordinance the Commissioner of Safety and Ex-Officio Mayor, is hereby authorized and empowered to adv rtise for bids for the construction of said improvements in accordance with the map, plans and specifications h retofore adopt-d, which advertisement shall not be less than ten days in the official newspaper published in the City of Fort Collins and all bids r9ceived 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 marovemerts After th- contract is awarded for the construction the City Council shall require a bond for th- faithful performance of the same of not less than the full contract price, with sufficient surety or sureties to be approved by the Corarissionsr of Safety and Ex-Officio Mayor, -5- and the work of construction vtiken so awarded under said contract shall be under the g-neral control of the Comissioner of Public works and in the irmiadiate charge control and supervision of the City Engineer, whose decision in all matters of dispute respecting compliance with this ordinance, and the cortract made thereunder, and the plans and specifications shall be final and binding ujon all parties thereto When said contract is awarded it shall con+ain a classe to the effect that it is subject to the provisions of the charter and of tha laws under which the City of Fort Collins exists and of tris ordinance and the vrovisions of Ordinance No 7, 1921, relating to local public improver-arts, as amended by Ordinance No 9, 1928, and that the agr-ed paym-nts shall not exceed the estimate of the City Engine r 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 suspended for substantial cause and upon complaint of any owner of real estate to be assessed for the improvements, that the improvements are 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 shall be final When said contract is awarded it shall also contain a provision as to the manner of payment - ti;�ather the same shall be made in bonds of the said district to be accepted by the contractor at par, or whether payment shall be made to the contractor in money, all at the option of the City Council The City Council shall have the right to reject any and all bids each may be made by any person or per,ons 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 City of Fort Collins, the said City Council is hereby authorized and empowered to provide for doing si.ch work by hiring parties by the day and to arrange for purchasing the necessary materials to do uch work under the dir-etion supervision and control of the Commissioner of Public works and the City Engineer, acting for said city Section 10 Vhien the said public improvements in Combined Alley Improvement District No 8 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 -6- upon the to s or tracts of land abutting upon said Corbined Alley TmproveTlent District No 8 in proportion as the frontage and area of each lot or tract of lend is to the frontage and area of all the lots or tracts of land so improved, which assessments v�hen so reported by the City Engineer and approved by the City Coi.ncil shall be assessed against the property in said improvement district by an ordinance 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 pag)iing 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 shall not bear interest to exceed five (5%) per cent 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 irrspealable until the indebtedness herein provided for, whenav-r 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 -mergency exists for the preservation of the public health, peace and safety and this ordinance shall take effect upon its passagle and publication and-r and by virtue of the authority contained in Sections 6 and 7 of Article IV of the City Cbart�r Introduced, read at length and adopted by the unanimous vote of all the members of the City Council this 19 da of June, A D 1926 C mmissionar of Safety d Ex-Of fici Mayor ATTEST City Cl-rk -7- STATE OF COLORADO ) SS COUNTY OF LARIMM ) I, A J ROSPNOW City Clerk of the City of Fort "Collins, do h-reby certify and declare that the foregoing ordinance corsisting of thirteen (13) sections was duly propos-d and read at length at a regular meeting of the City Council held on the 19th day of June A D 1926, and was duly adopted and ordered published in the Fort Collins Express-Courier a daily newspaper and the official nerspaper of the City of Fort Collins by th- unanirous vo a of all the members of t',ie City Council, as an emergency ordinanc- in accordance with the provisions of Sections 6 and 7 of Article IV of the �lCiZ barter of the City of Fort Collins, and th reafter and on to-Tdt the 2,+v "day of Cl��7 C' , 1026, said Ordinance No /00 was duly published in the Fort Collins Express- Courier a daily newspaper published in the City of Fort Col ins Colorado IN I"ITNESS WHTREOF I have hereunto set my hand and affixed the Beal of said City this Z Z day of June A D 1926 City Clerk -8-