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HomeMy WebLinkAbout008 - 03/10/1928 - RELATING TO THE CREATION OF JACKSON AVENUE IMPROVEMENT DISTRICT NO. 31 (EMERGENCY ORDINANCE) 1 r ORDII?ANCE 110. y 1928. BEING AN EMERGE uCY ORDINANCE REI,ATIM, TO THE CREATION OF JACKSON AVEiTUE IT PROVETMIT DISTRICT NO. 31, PROVIDING FOR TIHE COiiSTRUCTION *sue Y TI H-R N AND AUT"HORIMM TTTIE ISSi'A+CE OF BO :DS TO 0 �...,�.TS EI OF Il6'0.'R VE PAY THE COST Oi' COI;STRUCTION THEREOF. BE IT 0.2DAINED BY T M CITY COUi CIL OF THE CITY CF FORT COLLINS : Section 1. That pursuant to a petition duly filed and presented to the City Council on the 7th day of January, A. D. 1923, which said petition eras 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 21st day of January , A. D. 1928 , there is hereby created and organized an improvement district under axid by virtue of the provisions of Ordinance !To. 7, 1921 , relating to local public improvements, passed and adopted April 2, 1921 , as amended by Ordinance Ilo. 9 , 1926 , to be known as Jackson Avenue Improvement District 1,10. 31 , comprising the lots and bloc'_:s and lands abutting, on said Jackson Avenue , as follows, to-wit : Blocks 2 and 3, Scott-Sherwood Addition to the City of Fort Collins , Colorado, being Jackson Avenue from the South property line of est Tlountain Avenue to the North property line of S7est Oak Street. Section 2. That the said petition prayed for the improvement of the said district by grading , guttering, curbing , graveling, and draining where necessary, of the street area in said proposed district for a distance of approximately sixty (60) feet between curbs ; with the right to make use of gattering and curbing where installed, if in compliance with the specif'eations and requirements adopted; said street area to be graveled with six (6) inches of local gravel; and curbs and gutters and gravel to be the same as that installed in -1- - 1 y c Edwards Street Improvement District No. 27; which said petition was made and filed under the provisions of Ordinance ido. 7 , 1921, as amended by Ordinance Pvo. 9 , 1926 , and that the plans and specifications , together with the map prepared by the City Engineer be and the same are hereby adopted as the map , plans and specifications for said district, and said vfork of construction of said improvements is hereby ordered to be done in accordance thereaith, as provided by law, together with the estimated cost of the construction of said improvements amounting to 32,150.01; the total frontage is 760 feet ; the cost per front foot is y2.740868 ; and the cost per front foot for alley ,do.ofl9oji�; intersections is 'the cost of a lot 50 ' x 140 ' is 141.44; and which amount of 02,150.01 includes the cost to be assessed against the property owners for the improvement of the said district, and all to be 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 To. 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 oil the MmW day of iaammver A. D. 1923, 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 lawi, 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 ,iould be payable , the rate of interest on the unpaid and deferred installments, the extent of the district improved , toeethar with the probable cost per front foot , as shown by the estimate of the City Engineer and to the further effect teat on the loth day of March, A. D. 1928 , at eight o'clock A. L. in the Council Chamber in the City Hall of the City of Fort Collins , the -2- 1 z City Council mould hear and determine all complaints 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 com- plaints at said meeting held on the loth day of Lurch, 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 Cowicil finds that all the requirements of the statute respecting the petition for said improvements and the resolutions aid notices required by lace 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 Jackson Avenue Improvement District P;o. 31 as provided for in the map , plans and specifications heretofore adopted by the City Council, and approved in this ordinance, be and they are hereby ordered to be constructed. Section 5. For the purpose of paying the cost of said improvements , bonds of the City of Fort Collins are hereby authorized to be issued by the Commissioner of Finance and Ex-Officio City Treasurer of the City of fort Collins , .,,hich said bonds shall bear date at such time as may be fixed by the City Treasurer after the eaork 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 Colulcil after submission by the Commissioner of Finance; said bonds shall bear the name of Jackson Avenue Improvement District No. 31, of the City of Fort Collins, 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, which said 00 bonds shall be in denominations of 77 /y o Hundred ( 4� 0 0 ) Dollars each. Bach of said bonds shall be subscribed by the Commissioner of Safety and Ex-Officio I.1ayor, 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, or the City Council, in its discretion may sell said bonds to pay such cost in cash, as provided in Ordinance No. 7, 1921, as amended by Ordinance No. 9 , 1926 . Said bonds shall be redeemable out of the moneys collected on account of the assessments made for said improve- ments; all moneys collected from said assessments or from the sale of bonds for said improvements shall be credited to Jackson Avenue Improvement District No. 31, 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 one to 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 , v^ihen 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 ten (10) years from the date of issue , but shall be subject to call and pairment at any time prior thereto , as provided in Ordinance No. 7, 1921, relating to local public improvements , as amended by Ordinance No. 9 , 1926 . Pursuant to the power and authority contained in Section 29 of Ordiance No. 7, 1921 , relating to local public improvements, as amended by Ordinance No. 9, 1926, the payment of all the bonds issued in pursuance of this ordinance are hereby guaranteed by the City of Fort Collins. Section 6. Said bonds and the coupons attached thereto shall be in substantially the follovvinC form: UNITED STATES OF U1ERICA STATE OF COLORADO CITY OF FORT COLLINS JAMON AVE11UE IT:FROVET;,KTT DISTRICT NO. 31. No. The City of Fort Collins , in the County of Larimer and State of Colorado, for value received, ac?azowledges itself indebted and hereby promises to pay to the bearer hereof, the sum of Dollars in lawful money of the UnitedStates, at the office of the -4- y •, k City Treasurer of said City, on the day of , 19 subject to call and payment, n7owever, at any time prior thereto, as provided in the amendment to Section 1 of Article XVII of the City Charter, passed and adopted April 6, 1920 , and Ordinance ilo. 7, 1921 , relating to local public improvements , as amended by Ordinance No . 9 , 1926, with interest thereon from date until payment at tie rate of five (5%) per cent per annum, payable semi-annually on the day of and the day of , at he office of the City Treasurer offy of For Collins , upon presentation and surrender of the annexed coupons as they severally become due. This bond is issued for the purpose of paying; the cost of the local improvement in Jackson Avenue Improvement District No. 31 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 ',To. 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 situate in the City of Fort Collins in said Jackson Avenue Improvement District into. 31, especially benefitted by said improvem-its, and the amount of the assessment 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 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 Port 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 con- tract price for said improvements , nor the amount authorized by law; and it is further hereb,, certified and recited that every requirement of law relating to the creation of said Jackson Avenue Improvement District PIo. 31, 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 la.iflzl 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 'Ahereof, the said City of Fort Collins has caused this bond to be subscribed by its Commissioner of Safety and Ex-0£fieio ,. T.ayor , countersigned J s o- b it Commissioner of Finance and Ex-Offieio City Treasurer, and attested by its City Clerk, under the seal of said City, and the interest coupons thereto attached, to be attested by the fae simile signature of the City Clerk_ as of the day of 19 Commissioner of Safety and Ex-Officio Vayor. COMITEnSIGNED: Commissioner of Finance and Ex-Officio City Treasurer. ATTEST: City Clerk. -5-. I tI k I 4 (FORD.: OF COUPON) No. the day of , 19 e ulty o 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 , 1928 , issued for the construction of the local improvernen novm as Jackson Avenue Improvement District !To . 31, provided this bond shall not have been heretofore paid. Attached to Bond Ido. City Clerk. Section 7. The Commissioner of Finance and Ex-Officio City* Treasurer is hereby authorized and directed to have printed a sufficie,lt number of bonds of the denomination of 7—w o Hundred 00 Dollars each, numbered 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. 7henever considered prudent by the City Treasurer be is hereby authorized and empowered, whenever funds may be in his hands to the credit of Jackson avenue Improvement District No. 31 , including six months' interest on the unpaid principal, to advertise for five days in the official newspaper of said City , and call in a suit4ble number of bonds of said district for payment , and at the expiration of thirty (30 ) days from the first publication, interest oil 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 taking effect of this ordinance, the Commissioner of Safety and Ex-Officio 4>ayor is hereby authorized and empowered to advertise for bids for the construction of said improvements in accordance with the man , plans and specifLcations heretofore adopted, which advertisement shall not be less than ten (10) days in the -6- 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 a?•aarded in excess of the City Engineer's estimate of the cost of_ said improve- ments. After the contract is awarded for the construction of said improvements the City Council shall require a bond for the faithful performance of the same of not less than the fall contract price, with sufficient surety or sureties to be approved by the Commissioner of Safety and Ex-Officio L;ayor , and the work of construction when so awarded under said contract shall be under the general control of the Commissioner of Pablic "'orks and in the immediate charge, control and supervision of the City .ingineer , whose decision in all matters of dispute respectin compliance with the ordinance and the contract made thereunder , and the plans and specifications , shall be final and bind- ing upon all parties thereto. 7.1hen 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 the provisions of Ordinance -To. 7 , 1921 , relating to local public improvements, as amended by Ordinance Yo. 9 , 1926 ; and that the agreed pa,,-merit shall not exceed the estimate of the City Engineer and the amount appropriated, and that upon ten (10) days notice the viork undersaid 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 faith 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 a:aarded it shall also contain a provision as to the manner of payment ,Iliether 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 -7= t � to reject any and all bids which may be made by any person or persons for the construction of said improvements, acid ,,;hen in the judgment of the City Council it shall be deemed to the best interests of the 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 the Commissioner of Public forks and the City Engineer acting for said city. Section 10. '. :Zen the said public improvements in ,Jackson Avenue Improvement District aio. 31 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 upon all the real estate in said district as the frontage of each piece of real estate in said district is to the frontage of all the real estate in the said district, which said assessments when made and reported by the City Engineer and approved by the City Council, shall be assessed against the property in said Jac1 son Aveme Improvement District No. 31 by an-- ordinance to be adopted as provided by Ordinance No. 7 , 1921, as amended by Ordinance 11o . 9 , 1926. Section 11. This ordinance shall be irrepealable uiitil the indebtedness herein provided for , whenever the same shall be created, shall have been duly paid, satisfied and discharged as herein provided. Section 12. 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 aazd by virtue of the authority contained Li Sections 6 and 7 of Aatiele IV of the City Charter . �=- Introduced, read at lerl;,o,1 and adopted by the unanimous vote of all the members of the City Council this /O day of Yarch , A.D.1928. ACOM.1is oaer of ety and Ex- ffieio i,:a.yor ATTEST: City Clerk. STATE OF COLORADO ) SS. COUNTY OF LARII,IER } I, A. ROSE1107, City Clerk of the City of Fort Collins , do hereby certify and declare that' the foregoing ordinance consisting of Twelve (12) sections was dul;,- proposed and read at length at a regular meeting of the City Council held on the /0 77day of flarch, A. D. 1928, and was duly adopted and ordered published in the Fort Collins Express- Courier, 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 o and 7 of Article IU of the City Charter of the City of Fort Collins, and thereafter and on to-wit : the IJ '" day of -c 1928 , said Ordinance Uo. R as duly published in the Fort Collins Express-Courier, a daily newspaper pab lished in the City of Fort Collins , Colorado. IFf 71ITUESS -=u RyO_', I have hereunto set my, hand and affixed the seal of said City this /3 ` $ day of March, A. D. 1928 . City Clerk .