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HomeMy WebLinkAbout017 - 07/14/1928 - RELATING TO THE CREATION OF WHEDBEE STREET IMPROVEMENT DISTRICT NO. 33 (EMERGENCY ORDINANCE) r ORDINANCE NO. _LZ, 1928, BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF VM DBEE STREET INaROVEA +NT DISTRICT NO. 33, PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS 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 e; petition duly filed and presented to tihe City Council on the 26th day of May, A. D. 19289 wnieh said petition was duly and regularly signed by the owners of more than one-third of the frontage in the proposed district, as evidenced by a resolution of the City Council duly passed and adopted on the 26th day of May, A. D. 1928, there is hereby created an& 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. 9, 1946, to be known as Whedbee Street Improvement District No. 33, comprising the lots and blocks and lands abutting on said Whedbee Street, as follows, to-wit Blocks 157, 167, 1589 168, 159 and 169, in the City (f- Fort Collins , Colorado , being Whedbee Street from the South side of Laurel Street to the North side of Elizabeth Street. Section 2. That the said petition prayed for the improvement of the said district by grading, gatteribg, curbing, graveling, and draining where necessary, of the street area in said proposed district, between curbs , the said street area to be graveled with four (4) inches of local gravel, which said petition was made and filed under the provisions of Ordinance No. % 19213, as amended by Ordinance No 99 19260 and that the plans and sp ecif goat ions, together wit h th e mag pre par ed by the C ity Engineer be and the same are hereby adopted as the map, plans and specifications for said district, and said work of construction of said improvements -1- 1 r i is hereby ordered to be done in accordance therewith, as provided by law, together with the est imat ed cost of the oonstruct ion of said improvements amounting to $7549.11, that the total frontage is 2068.6 feet , the cost per front foot is $2.840181 the cost per front foot for street intersections is $0,258438, the cost per front foot for alley intersections is $0.109695, the cost of a lot 50 feet by 140 feet is as follows: Frontage $142,01 Intersections 12,92 Alley 5.48 being a total of -------------------------- $160.41; and which amount of $7549.11 includes the cost to be assessed against the property owners for the improvement of the said district, and all to oe assessed against the owners of lots and lands in said district abutting upon said improvements, when 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 they 9th daffy of June, A D. 1928, due notice was given do the owners of property to be assessed, by due and lawful publication in the Fort Collins Ekpress-Cogxier, 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 owners of the property to be assessed and designated the kind of improvements proposed, the number of installments and the time in which the cost would be payable, the rate of interest on the unpaid and deferred installmentsl, the extent of the district improved, together with the probable cost per front foot, as shown by the estima Tue of the City Engineer and to the further effect that on the 14th day of July, A. D. 1921, at eight oteloek in A. M. in the Council Chamber/the City Hall of the City of Fort Collins, the City Council would hear and determine all complaints -2- i 1 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 notice the said City Council did sit to hear complaints at said meeting held on the 14th day of July; A. ,D. 1928, and that no complaints in writing concerning 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 law to be given in respect thereto before the adoption of an ordinance ordering said improvementsa have been observed and complied with in all respects; and it is hereby ordered that the improvement of Whedbee Street Improvement District No. 33 as provided for in the map, plans and specifications heretofore adopted by the City Council, and approved in this ordinance, be arrt they are hereby ordered to be cohstrueted. Section 5. For the purpose of paying the cost of said improvements, bondsof the City of Fort Collins are hereby authorized to be issued by the Commissioner of Finance: and Ex-Officia 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 Coonssioner of Finance, said bonds shall bear the name of Whedbee Street Improvement District No. 33 of the City of Fort Collins, and shall be payable in ten (10) annual installments , - ten (10%) per cent thereof pgiy&ble in each and every year during said period, and shall bear interest at the rate of five (5%) 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, _3- Y which said bonds shall be in denominations of 1—1 Ve- Hundred o o � ) Dollars each. Each of said bonds shall be subscribed by the Commissioner of Safety and Ex-Officio Mayor, countersigned by the Commissioner of Finance and Ex-Officio City Treasurer, and attested 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 Whedbee Street Improvement District No. 33, 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 �o _ inclusive, 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 been du%7 audited and approved by the City Council and ordered paid All of said bonds shall bie absolutely due and payable ten (10) 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 . 79, 1921, as amended ty Ordinance No 9, 1926 Pursuant to the power and authority contained in Section 29 of Ordinance No 7, 1921, the payment ofnall the bonds issued by 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- -4- � r UNITED STATES OF AMERICA STATE OF COICRADO CITY OF FORT COLLIIZ WHEDBEE STREET IMPROYD ENT DISTRICT NO. 33, NO. The City of Fort Collins, in the County of I,arimer, and State of Colorado, for value 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 o the City Treasurer of said City, on the day of , 19 , subject to call and payment, however, at any me prior eretoo,—as provided in the amendment of Section if 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 Ordinance No. 9, 1926, with interest thereon from date until payment at the rate of five (5%) per cent per antrum, payable semi-annually via the _ day of , 19 , and the day of , , at th e office of the CiTy Treasurer o e City of Fort Collins , upon presentation and surrender of the annexed coupons as they segerally become due. This bond is issued for the purpose of paying the cost of the local improvement in Whedbee Street Improvement District No 33, 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 Ordinance No. 9, 1926. This bond is payable out of the proceeds and special assessments to be levied upon the real property diituate in The City of Fort Collins in said Whedbee Street Improvement District No 33, 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 the said real estate in the respective amounts to be apportioned to said real estate and to oe assessed by an ordinance of said city, said lien having priority over all other liens, except other bonds hereto- fore 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 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 estimate of the City Engineer, and the contract price of said improvements, nor the amount authorized by law, and it is further certified and recited that every requirement of law relating to the creation of said Whedbee Street Improvement District No. 33, 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 happened, and been properly done and performed, and did exist in regulat and due time , form and manner as required by law In Testimony Whereof, The said City of Fort Collins has caused this bond to be subscribed by its Commissioner of Safety and Ex-Officio Mayor, countersigned by its Commissioner of Finance and Ex-Officio City Treasurer, and attested by its City Clerk under the .5- C � L seal of said City, and the interest coupons thereto attached J;o be attested by the fac simile signature of the City Clerk as of the day of , 19 Commissi cner of Safety and Ex-0 ficio Mayor COUNTERSIGNED Commissioner of Finance and Ex-Officio City Trea surer. ATTEST. City er . (Form of Coupon) No. On the day ofL� — of Fort Collins wi1T-pay to tM bearer Dollars in lawful money of the United States at the office of tbe CitT Treasurer of Fort Collins , Colorado , being six months? interest on its local improvement bond dated , 19 , issued for the construction of the local improveme-nT—EFown as Whea ee Street Improvement District No. 33, provided this bond shall not have been heretofore paid. Attached to Bond No City Clerk, Section 7. The Commissioner of Finance and Ex-Officio Xneasurer is hereby authorized and directed to have printed a sufficient number of bonds of the denomination of Hundre d c� b // (qP 05 © �' ) Dollars each numssered from 1 to inclusive, as is required to meet the estimated cost of said improvements as herein provided, and when 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 provided. Section 8. Whenever considered prudent by the City Treasurer he is hereby authDrized and empowered, whenever funds may be in his hands to the credit of Whedbee Street Improvement District No. 33, 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 tnirty days from .6" M 1- ^ ♦ n R I the first publication, interest on said bonds so called shall cease. The notice shall spe city the bonds so called by number, and all bonds so issued shall be called and paid in their numerical order. Section 9. Upon the tak-ing 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 staid improvements in accordance with the map , plans and specifications heretofore adopted, which advertisement shall not be less than ten days in the official newspaper published in the City of Fort Collins, and all bids received under said advertisement shall oe 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. improvements . After the contract is awarded for the construction the City Council shall require a bond for the faithful performance of the same of not less than the full contract price , with sufficient sur=ty or sureties to be approved by the Commissicner of Safety and Ex-Offieio Mayor, and the work of construction when so awarded under said contract shall be under the general control of the Comnissioner of Public Works and in the immediate charge, control and supervision of the City Engineer, whose decision in all matters of dispute respecting com- pliance with this ordinance, and the c cmtract made t1r ,reunder, 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 exista and of this ordinance, and the provisions of Ordinance No. 7, 1921, relating to local public improvements, as amended by Ordinance No. 9, 1926, 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 suspended for substantial cause and< upon complaint of arW owner of real estate to be assessed for the -7- y � improvements, that the improvements are not being constructed in accordance with the contract, then the City Connell may consider the complaint and make such order as may be just , and the decision shall be final. When said contract is awarded it shall also contain a provision as to the manner of payment - whether 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, which may be made by any person or persons for the construati on 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 such work by hiring parties by the day and to arrange for purchasing the necessary materials to do such work under the direction, supervision and control of tYe Commissioner of Public Works and the City Engineer acting for said city. Section 10. When the said public improvements in Whedbee Street Improvement District No 33 shall have been completed and the same approved by the City Engineer and recommended for acceptance by said officer, and duly accepted oy 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 Vlhedbee Street Improvement District No 33 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, 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, In the event that the contractor shall be paid in bonds, then for the purpose of paying for engineering and- other clerical expenses and the cost of inspection, upon the? approval of the City Council, the Commissioner of Safety and Ex- .8- Officio Mayor is autnorized to adtiertise 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 alerieal 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 lessthan 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 irrepealable until the indebtedness herein provided for , whenever 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 emergency exists for the preservation_ of the pubic health, peace and safety, and this ordinance shall take effect upon its passage virtue of the and publication, under and by/authority antained 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 members of the City Council this: lath day of July, A. D. 1928, Commissioner of S of and Ex-Of eio Myor ATTEST City Clerk. -9- h t a, STATE OF COLORADO ) SS. COUNTY OF LARIlVER ) I, A. J. ROSENOW, City Clerk of the City of Fort Collins, do hereby certify and declare that tYn foregoing ordinance consisting of thirteen (13) sections was duly proposed and read at length at a regular meeting of the City Council held cn the 14th day of July, A. D. 1928, and was duly adopted and ordered published in the Fort Collins Express-Courier, a dai7�y 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 to-wit the /rrf,day of July, A. D. 1928 , said Ordinance No. was duly published in the Fort Collins Express-Courier, a daily newspaper published in the City of Fort Collins, Colorado , IN FATNESS VMEREOF, I have hereunto set my hand and 1� affixed the seal of said City , this / 7` day of July A. D 1926 . -10- ,