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HomeMy WebLinkAbout013 - 09/13/1915 - RELATING TO THE CREATION OF LAPORTE AVENUE IMPROVEMENT DISTRICT NO. 3 ORDINANCE NO. 1915, MLATIITG TO Tk: : C__UtATIJN OF LAPOP.T!: AVEXtB 131PROVELENT DISTRICT 110. 3. T.SST• KISUING THE GRADES THIMI-.OF, PROVIDING FOR TIC COiISMOTION OF I` 2ROVLU NTS T717REIh' AND AUTHORI7.'204THF- ISStUTAMCE OF :BONDS TO PAY THE 003T OF TIL CONSTRUCTION TYI'YM- OF. P BE IT ORDAINED BY TIE CITY COUNCIL OF THE CITY OF 100HT COLLINS: Section 1. That pursuant to a petition duly filed and presented to the City Council on the 12th day of July, A. D. 1915, which paid petition was duly and regularly signed by the owners of a majority of the frontage in the proposed district, and under and in virtue of a rosolution iiuly edopted by the; ^ity Council on the 9th day of August, 1915, there is hr;reby created and organized ai, improvement district under and by virtue of the provisions of Chanter C of the ateviwd Statutes of 1909 concerning public improvementa in citie :a of less than one hundred thousand inhabitants , to be known as the LAYORT:r AVENU3 I.K2FOVE1I::RT DISTRICT NO. 3, comprising all that portf-onof the i roradway on Laporte Avenue from the west line of Colle6e Avenue where the same intersects Laporte Avenue , thence west to within two (2) feet of the oast rail of the main line of The Colorado & South-orn Iallwary; the total arena of said c? istrict indluding center parking is four thousand two hundred and seventyCfive (4, 275) square yards, and the general plan is to construct a center parking approximately forty (40) Peet wide by two hundred and twenty ( 220) feet long . Ierving a thirty-nine (39) feet drive about said parking , and the said parking to be surrounded by five-inch concrete curbing and the area within to be filled with loan and supplied with a sprinkling system and seeded to lawn; and all the lots and blocks fronting and abutting upon said improvement district . The grades of said district are hereby -1- established as follows : At station IN-00, the viest line of C:oilege Avenue , the elevation of the curb on the south side is 99 .76 feet , the gutter 99 .00 feet , the center line 100 .66 feet, the north curb line 100.12 feet , the gutter 99 .40 feat ; at station 2r12 the elova''ion of the north curb 101.17 feet , the gutter 100.51 feet; at station 3+44 the elevation of tho curb on the south side 101.29 feet , the gutter 100.79 feet and the center line 102.60 foot . Section 2 . The said petition prayed for tho permanent improvement of said district by a�reding , paving , c:;rbing and guttering the eaid street with materials to be selected by the City Council , and that said petition was made and filed under the rrovisions of Chapter C of the revised ut€_.tutes of 1908 concerning permanent improvements in cities of leer, than one hundred thousand inhabitants , and the City Council has desic 7nated concrete paving , otherwise mown and described as one-course re-intorced concrete oeroeni5 � he, paving of said district , and in so ?r r as required the guttf;rLng and. curbing of said district shall be of cemont ; tbre.t the planes and s;,>eoifications , together with the maps prepared by the City Engineer in acid for said district , be and are hereby adopted are the plaau and specifications and mans for said improvement , and the said work of eol,st.ruction of said permanent improvements is h(,reby ordered to be done in accordance with said .maps , plans and specifications. vhieh mans, plans and sre cifieations so heretofore approved are hereby adopted in thdis ordinance as the maps, plans and specifications f for the construction of said improvement, as provided by lave, together with the osti.rvite of the oo:.It of construction of slid i:,sprovement , amounting to Five 'Thousand Five Hrtndred Tent„v-five and 95/100 Dollars (�5,525.95) , and the engineer' s estimate -2- of the post per front foot to the owners of lots in said district abutting upon said improvement ; the road area to be paved, includiag center parking , is four thousand two hundred and seventy-five (4, 275) square yards. Section 5. That pursuant to th6 requirements of 3+)id resolution adopted on the 9th day of August. A. D. 1915, due notice was F;ivon to the owners of the property to be assessed by due and lawful publication in t'�o Fort Collins Uorhing Extress, a daily newspaper of proneral circulation published in the City of Fort Collins , for a period of twenty ('20 ) days, as shown by the proof of publi,.ration on file in the office of the City Clerk, which said notice ws.s to the owners of the property to beassessed , and designated the kind of improve- ments proposed, the namber of installments znd the time in which the cost wou.1d be payable, the r»te of interest on unpaid and deferred installments, the extent of the district improved , together with the probable cost. per front foot as shown by the estimates of the City Fnrineer; and to the further effect that on the 13th day of September, 19U , at four o' clock p. m. in the Council Chamber in the City of " ort Collins. the City Council vxould hear and considdr all complaints and ob,`,ections that might be -made and filed in writing concerning the proposed improvement by the owners of any real e::tate to be assessed; that in pursuance of �+e,id notice the said City Council did sit.. to hear complrAnts and 40sdc_ n o c cmpl.ai.nt s � in ­;riting concerning said proposed improvement had then and there been duly filed with the City Clerk. Section 4. The City Council finds that all the require- nenti of the statute respecting the petition for said improvement i -3- and the"resolutions and the notices required by law jro be ,given in respect thereto before the tadogatkon of an ordinance ordaring said 1-nprovement, hiive been complied with in all respects; and IT IS 11 :-:FBY OnDal"D that the improvement of Laporte Avenue Improvement District No. 3, as provided for in the mapo, plans and specifications heretofore adopted by the City Council and approved in th s ordinance, be and is 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 x-Gfficio City Treasurer of the City of Fort Colline,whioh said bonds shall bear date at such time as may befiixed by the City Treza.nurer after the work of improvement has been commenced in said district and in such form as may be approved by the City Council after submission by the Com- miscioner of Finance; the said bonds shall bear the nerve of Laporte Avenue Improvement District Ao. 3, and shall be payable in twenty annaal installments, five por cent thereof payable in each and every ,;ear during said period, and shall bear interest at the .rate of six per cent per annum, payable semi- annually, said interest to be evidenced by coupons attached to the principal bond and attested by the fan simile signature of the City Clerk, which said bonds shall be in denominations of Ji a r �1d11,t (5do�) Dollars each. Each of said bonds shell be subscribed by the Commissioner of Safety and Zx-Gfficio Mayor and attested by the City Clerk .ith the seal of the City, and registered with theCity Treasurer, and shall be issued from time to time as rcauircd for the payment of the work herein provided. said bonds sh:.11 be redeemable out of the moneys collected on account of assessments made for said -4- improvements; all moneys collected from said assessments or from the saleof the bonds for slid improvement shall be credited to Laporte Avenue Improvement District No. 3, and the fiindo so collected shall only be used for the payment of the work of donatructi n of said improvement , and the reder,:ption of said. bonds and the interest thereon. Said bonds shall be numbered 1 to inclusive , and shall be redeemable oonseoutively according to number and in the order of issuanos. Said bonds shall only be issued by the City Treasurer on estimates and, • order of the City Engineer, signed and approved by the Com- missioner of Safety and E%-Offici�:• Mayor. All of said bonds shall be absolutely due and payable ttenty (20) years after t1w date of issuance, but ahall be subject to call and payment at any time prior thbaeto, as provided in Chapter C of the Revised Statutes of 1908 , relating to public improvements in cities of less than one hundred thousand inhabitants. Pursuant to the power and authority contained in §5398 of the Revised Statutes of 1908, the payment of all the bonds issued in virtue of this ordinance is hereby guaranteed by the City of Fort Collins . Section The said bonds, and coupons thereto attached , shall be in substantially the following form; UNITED STATES OF AMERICA STATE OF 001101100 CITY OF FORT COLLINS LAPORTE AVFWJE 13PROVEMPMT DISTRICT N0. 3, TI:e City of Fort Collins, in the County of Larimer and State of Colorado, for value reoeivo3, 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 City Treasurer of said city, on the day of , 1935, subject to call and payment , i�ver, at y time p Qr thereto, as provided in the Act of the; General A.;serribly hereinafter mentioned, with -5- interest thereon 'Prom dime until payment at the rate of six per centum per annum, payable eami-annually, on the uay of , end the day of _ at t�office of the My$ressurer o?-We City of� Co ins, upon presentation and :surrender of the anne.:ed coupons <,s they severally become due . This bond is i.^sued for the, purpose of paying the cost of the local improvement in the 'lk4brte Avenue Improvement District No. 3, by virtic of and in full conformity with an Act of the General Assembly of the State of Colorado entitled, "An act to Provide for the Construction of Local Improvements in Cities of all Classes having a Population of less than One Hundred Thousand , and Incorpomted Towns, the issuance of Local ImprovementoBonds therefor, and the Asses6ment and. Payment of the Cast of Eiid Imnrovemt�nts , " approved April S. 1899, said Act being the same as Chapter C of the Revised Statutes of 1906 concerning public improvements in cities of less than one hundred thousand inhabitants , and on ordinance of said city duly adopted and approved, published and made a law of said city prior to the Issuance :eroof. This bond is payable out of the proee,^ds and special assess- ments to be levied upon tho real property situate in the City of Fort Collins in said Laporte Avenue 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 interest , is a lien upon said real estate in the respective amounts to be apportioned to said real estate and to be assessed by an ordinance of the 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 ordinance authorizing, the issue thereof; 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 esti,iate of the City Engineer, the contract price for said. improvement, nor the amount authorized by law; and it is further hereby certified and recited that every requirement of law relating to the creation of said Lapointe Avenue Improve- ment District No . 3 , the maki:,g of said local improvement and the issu�.nce of this bond, has been dully complied with by the proper officers of said city, and that nl.l conditions required to exist and all things required to be done precedent to and in the i.ssunrice of this band to render the same lawful and valid, have happened and been properly done and performed, and did oxist inregular and due time, formand marr:er as regnired by law. In Testimony Tnivroof, the said the City of Fort Collins has caused this bond to be subscribed by its Commissioner of Safety and h'a-Offieio Mayor. attested by its City Clerk under the seal of said city, and the interest coupons hereto attached to be attested by the Tao simile signatur000f the City Clerk, as of the _T any of _—, 1915 . Commissioner of a e y and ,Ex-Offico :.Sayer. ATTRS'T: City Clerk. (Form of Coupon) No. a v On the day of 19 the City of Fort Collino will pay to the bearer, Dollars in lawful money of the United a erg s,ache office of the City Treasurer of the City of Fort Collins, Colorado, being six months ' interest on its local Improvement bond dated , 1915 , issued for the construction of the local improvement known as Laporte Avenue Improve- ment District No. 3, provided this bond shall not have been heretofore paid. Attachod to bond N1 . City Clerk. Section 7 . The Commissioner of Finance and Ex-Officio City Treasurer is hereby authorized and directed to have printed a sufficient humber of bonds of the denomination of ,Wv1, XV? njQWo) Doll;j rs , each. numbered from 1 to inclusive , as qre required to meet the esti ated cost of said improvement ao herein provided, and when said bonds shall have been duly prepared the✓ shall be retained by the City Treasurer to be issued from time to time as hereinbefore provided. Section e. Whenever considered prudent by theCity Treasurer, he is her by authorizied and empowered , whenever funds may be in his hands to the credit of svid Laporte Avenue Improvement District to. 3, exceeding sir months ' interest on the unpaid principal, to advertise for five days in the officill newspaper of said city and call in a suitable, number of bonds in said district for payment , and at the expiration of thirty days from the first publication interes' on the bonds so called shall ceaed • 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. -7- Section 9 . Upon the taking effect of this ordinance, the ;Mayor is hereby authorized and e;mpowerl to advertise for bids for the construction of said improvement In accordance with the maps , plans and specifications heretofore adop*ed, which ad•✓ertisemont shill not be loss than ten dayq in the ofTicial nowspauor 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 awarded in excess A the City Engineer' s estimate of the cost of sold improvement . After the contract is awarded for eonstrDetion, the City Council shall require a bond for the faithful performance of the same of not less than trcnty-five Der cent of the contract price, :with sufficient surety or sureties to be approved by the Commissioner of Safety and Rx-Officio gayer, and the workof conitruction when so awarded under such contract-: , ohallbe under the general control of the Commissioner of _'ublic Works and in the immediote control and supervision of the City Engineer, whose decision, in all matters of dispute respecting compliince with this ordinance and the contract :Wade thereunder, shall Q&inal and binding upon all parties thereto. When sail contract is awarded it shall contain a clause to the effect that it is subject to the probi .ions of the note under which the City of tort Collins exists , and of this ordina. .ce, and that the agreed payments shall not e7ceed the estimate of the City Engineer and the snount appropriated, and thf:t 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 upon compl&int of anyowner of real estate to be assessed for the improvemont , that the improvement is not Wing con- -S- structed in accordance with the contrWct, then the City Council majz consider the complaint arl make such order as may be ,just , and their decision shall be final. ;he 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 ,judgment of the City Council it shall deem it to the best interests of said City of Fort Collins, the said City Council is hereby authorized and am powered to provide for doing such work by hiring parties by the dsy 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. When the s&id public improvement in Lao ". Avenue Iraproveiaent District No. 3 Shall have been completed and the same approved by the City Engineer and recommanded for acceptance by Sflid officer, and duly accepted by the City Council of the City of Fort Collins, the sost thweeof ahall be assessed upon the lots or tracts of land abutting upon sidd Laporte .Avenue Improvement District ho. 3 in proportion as the fronta„e of each lot or tr,-�ct of land is to the frontage of all the lots or tracts of land so improved, the sides of the corner lots abutting upon the street or alleys so improved being regarded as frontage to the extent of twenty-five (25) feet; the cost of the street intersections to be assessed one hall' to the City of Fort Collins and the remaining half as provided b, law, which assessments when so reported by the City Engineer and approved by the City Council, shall be assessed against the property in said improvement di,atriot by an ordinance to be adopted as provided by lair. r Section 11. For the purpose of paying for engineering and other clerical expenses and the cost of iaspeetion ,upon the approval of the City Council the Commissioner of Safety and x-Cfficic layer is authorized to advertise for not less than ten (10) doys in the official newspaper of said city, and sell as many bonds as may be necessary and use the proceeds therpol for said purpose , and in accordance with the provisions of 15393 of the revised Statutes of 1903 . Section 12 . This ordinance stall be irrepesl*able . until the indebtAness herein provided for, whenever the 3nno shall be orcatod, shal'have been fully paid, satisfied and discharged, as herein provided . Passed fled adopted this 2��d,y of September. A. D. 1915. Commissioner of .safety and Ex-offic icy Asyor. A3 TQT: - ) .�e r •. f STATE OF COLORADO) ) SS. COONTY OF LARIMER) I, Ray Baxter, Cite. Clerk of the City of Fort Collins, do hereby certify and declare that the foregoing ordinance, consisting of 4eerr W To sections, duly proposed and read at length at a meeting of the City Council held on the / >f day of September, 1915, was duly ordered by a Aye " and 7x " Nay a vote to be published in the Fort a Collins`'xp ss, a daily newspaper of the City of Fort n accordance with the provisions of Section ,/ Collins,, 7 of ArticleIV of the City Chatter; that thereafter, and oni; to wit, the ll i'''I day of 1915, at a regular meeting X of the City Council,saii' ordinance came before said Co� neil on its final passage, a period of more than ten days having elapsed since the publication as above set forth, and that said ordinance was upon sedond reading adopted as an ordinance; and thereafter and on, to-wit, the C..l'— day of A A P tJ , 1915, said ordinance No. , as finally passed and 4opted, was duly published in the Fort Collin'sAExpressy a daily newspaper published in the City of Fort Collins, Colorado. In Witness ereof, I have hereunto set my h" this day of ��e/(// , 1916. City Clerk. i