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HomeMy WebLinkAbout011 - 03/13/1926 - AMENDING SECTIONS 5, 8, AND 9 AND TO REPEAL SECTION 11 OF ORDINANCE NO. 011, 1925, RELATING TO THE C ORDINANCE NO. 1926, AN ORDINANCE TO PIPN'D SUCTIONS 5, 8 AND 9 AND TO R71-EAL 5,3CTION 11 OF ORJT.D?bTTCE N0. 11 , 1925, rnu,ING AN Ub:^PGG TCY ORDINANCE P��Tyy�',,L,'ATI?TG TO THE CREATION OF LAPORTF AWIM Tt?PROV ,?T,,NT DISTPICT NO. 20',AADOPTED Al\TD APPROVED ON TRF 18th DAY OF April , A. D. 1925, TO PP.OVTDTT' TM RATT• OF TNT'�'.R�;"T OF TvT BOP'DS TO P7 ISSUED PT•TPSIIANT TO SAID 0?ZT IT'ANCr N0. 11 1925, ADTD D CLAPENG AN EMBPGu'idCY. BE IT OPIAIM� D BY THE CITY COUNCIL OF TFL CITY OF FORT COLLINS: Section 1. That Section 5 of Ordinance No. _,U, 1925, adopted and approved on the 18th dew of April A. D� 1925, be and the same is hersby amended to read as follows: Section 5. For the purpose of paying the cost of said improvements, bonds of the City of Fort Collins arT herby authorized to be issued by the i Commissioner of Finance and Ez-Officic Treasurer of the City of Fort Collins, which said bonds shallbear date at such tines 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 isr.usd, and in such form as may be apprcved by the City Council after submission by the Com-Ass'loner of Finance; said bonds shall bear the name of Laporte Avenue Improvement District No. 20 of the City of Fort Collins, and a hallbear interest at the rate of four and three-quarters parzcsntum per annum, payable semi-annually, said interest to be evidenced by coupons attached to the principal bond and attested by the facsimile signature of the City Clerk, which said bonds shall be in denominations of five hundred dollars each. Each of said bonds shall be subscribed by I, the Commissioner of Safety and Ex-Officio mayor, counteraignsd by the i Commissioner of Finance and Ex-Officic City Treasurer, and attested by the City Clerk with the corporate seal cf the City and registered with the City Treasurer, and shall be delivered from time to time as required fcr the payment of th3 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 Laporte Avenue Improvement District No. 20, and the funds so collected shall only be used for the payment of the work of construction of said improvements and the interest t)sreon. Said. bonds shall be _1- �I I numbered from 1 to 197 incl-asive, 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 estimates and order of the City Engineer signed and approved by the Commissioner of safety and Ex-Officio Mayor, when said estimates have bean duly audited and approved by the City Council and ordered paid. All of said bonds shall be absolutely due and payable twenty yeers after the date of issue, but shall be subject to call and payment at any time prior tharato, as provided in Section 27 of Ordinance No*-U,1921. 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. Section 2. That Section 8 of said Ordinance No. 11 , 1925, be qnd the same is her-by amended to read as follows: Section B. Mhenever considered prudent by tYa City Treasurer he is hereby authorized and empowered, whenever funds may be in his hands to the credit of Laporte Avenue Improvement District No. 20, including six monthel 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 3. That Section 9 of said. Ordinance No. 11 , 1925, be and the same is hereby emended to read as follows: Section 9. Upon the taking effect of this ordinance, the Courissioner of Safety and Ex-Offieio Mayor, is hereby authorized and empowered to advertise for bids for the contraction of said improvements in accordance with the map, plans and specifications heretofore adopted, which advertisement shall not ba! lees than ten days in the official ne-spaper published in the City of Fort Collins, and all bids received under said alvartissment shall be. submitted to the City C rn.ncil for acproval or rejection, and no contract shall be awarded in excess of the City Engineerls estimate of the cost of said -2- I� improvements. After the contract is awarded for construction the City Council shall r3quire a bond for the faithful performance of the s ame of not less than the full contract price, with sufficient surety or sureties to be approved by the Commissioner of Safety and Tx-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 Tngineer, adiose decision in all natters of dispute respecting compliance with this ordinance and the contract made tle reundsr, and the plans and specifications shall be final and binding upon all parties hsrsto. ' When said contract is awarded it shall contain a clause to the effect that it is subject to the p rovisiens of the charter and of the laws under which the City of Fort Collins exists and of this ordinance, and the prcvis'cns of Ordinance No. 7, 1921, relating to local public improvements; and that the agreed payments shall not exceed the estimate of the City Fngineer and the amount appropriated, 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 uron complaint of any -wnsr of real estate to be assessed for the imprcvements that the iTycroveTsnts are not being curs trusted in accordance with the contract, then the City Council may consider the complaint and rraks such order as maybe just, and its decision shall be final. The City Council shall have the right to reject any. and all bids VIhich may be nade by any person or persons for the construction of said improvements, and when in the judgment of the City Council it shall be deemed to the best inter4sts of the said City of Fort Collins, the said City Council is hereby authorized and empowered to provide for doing such work by hiring carties by the day and to arrange for purchasing the necessary materials to do such work under the direction, supervision and control of the Commissisner of Public Forks and the City Fnginser, acting for said city. Section 4. That Section 11 of said Ordinance No. 11 , 1925, be and the same is hereby repealed. Section 5. That the bonds to be issued fbr said Iaporte .Avenue Imr.rovsment Pletrict No. 20 shall tsar interist at the rate of four and three- quarters per oentum per a^num, pAyoble sami-annually, instead of six per csntum per annum as specifis8 in said Orlin-nce No. 11, 1925, that said bonds shall in all other res_scts be in substantially tbts SA-I fora as set forth in said Ordinance No. 11, 1925. Section b. That all ordinanc-s or carts th reof in conflict herewith are hereby repealed. Section 7. Thereas it is necessary for the City Council to provide i=-3diatsly for the construction of the irprovemsnts proposed in said Laports Avenue Improverent District No. 20, the -;reliminary 1=os3 dings for Pkich have h3retofor- been taken and adopted, it is hereby declarad that an emergency exists, that t'.A s ordinance is for the -,reservation of the p.,blic health, peace and safety and that it shall take effect immediately upon !, its Ia ssage. Introducsd, read at length and adopted by the unanin-us vote of it all the mtmbirs of the City Council this 13th day cf Merch, A. D. 1925. Com.issiorePf4�ift f ty L -Cfficic , or City Clerk. It was then rrovad by Co mmiasicner and seconded by Commissioner that all rules of the City Council vibich might prevent, unless suspended, the final Kassa a and adoption og said ordinance at this meeting, be and the same are hereby suspended for the purpose of permitting the final . passage and adoption of said ordinance at this muting. The question being upon the adoption of said motion and the suspension of thb rules, the roll was called with the following raoUlt: Thoae vo*,ing eye: Commissioners Those voting nay: All members of the City Councilbaving voted in favor of said motion, the Mayor declared said motion carried and the rules suspended. Co=lssionar 5 .hl I ehtwr than roved th-t said ordinance be now placed upon its final passage. Commissioner _ ('npder seconded the motion. The quasticn being upon the placing of said ordinance upon its final passage, the roll was called with the following result: Those voting aye: Commissiorere Montgomery Goeder and Schlichter, Those voting nay: None. I The 'Mayor, as presiding officer, tL3n 413clar�d the motion carried II and the crdinance placed upon its final passage. Commissioner Schlichter therrupcn moved that said ordinancs be finally passed and adopted as introduced and read and ordered published. Cow-issicner Goeder seconded the i motion. I STA'"" OF !40LOT?A"0, ) COiRCTY OF ',ARI91"?, ) as. t CITY OF PORT COLLP-S. ) I, A. J. 'ROTm0W, City Clerk of the City of Fort Collins, do harsby certify and declare that the foregoing ordinance consisting of seven aactions, was duly proposed and read at length at a r-Tular mn+ting of the ^ity Cr ncil held on the 13th day of March, A. D. 1926, and was duly adopted and ordered publish9d in the Fort Collins :.xpresa-Cou.risr, a Bail, newspaper and tiie official nc :spaper of the City of Fort Collins, by the unanimous vote of all the members of the City Co=cil, 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, to-wit: the 17th day of 14arch, 1926, said Ordinance To. 11 , 1926, was.duly pu1-,li9hed in the Fort Collins xpress-Courisr, a daily newspaper publi^?:nd in the City of Fort Collins, Colorado. ,iT v"TTN^SS '"E OF, I have hcreuntc set my head and affixed the seal of said city this 17th day of March, A. D. 1926. City Clerk. I II i zJA4%T OF FTBLICA710H QZ OitNNA= 30. , 1926. The qusstion being upon the final passage and adoption of a-mid ordinance, the roll wes called with the following result: Those voting aye: Commissioners Montgomery. GnAdAr six] Schlichter. _. These voting nay: None. The "ayor, as pr- siding officir, thereupon declared teat all .of the resmbers of the City Council, duly elected, qualified and acting as such, having voted in favor thereof, the said motion was carried and the said ordinance finally passed and adopted. On motion duly adopted, it wzs than ordered that said ordinance be numbered 11 , 1026; that said ordinance, after sLoproval by the Mayor, be ;-,ublisbad in The Fort Collins Exprsss-Cor.rier, the official newspaper of the city, in its issue of March 17th A. D. 1926 ; and that said ordinance be r9corded and authenticated as required by law. (STAL) Co iss onsr of Safety Ex-Offic 4aycr AT::: City Clerk.