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HomeMy WebLinkAbout012 - 09/27/1915 - RELATING TO THE CREATION OF COLLEGE AVENUE IMPROVEMENT DISTRICT NO. 3 ORDINANCE NO. 1915. :?ELATIVIG TO THE CREATION OF COLTZGE AVENUE I*MMOVEME3T DISTRICT NO. 2, PROVIDING FOR THF: CONSTRUCTION OF IirSiROVEMENTS THFs^ - IN AIM AUTHO ;IZING THE ISSUANCE OF BONDS TO PAY THE COST OF CONSTRUCTION THEREOF. BE IT 2DAID110:7' BY THE CITY COUNCIL OF THE: CITY OF FORT COLLII!S : Section 1. That pursuant to a petition duly filed and presented to the City Council on the 20th day of June , A. D. 1915, n,hich sr.id petition was duly and regularly signed by the owners of a majority of the frontage in the propoded district, and under and in virtue of a resolution duly adopted by the City Council on the 5th dry of August, 1915 , there is hereby created and organised an improvement district under and by virtue of the provisions of Chapter C of the Revised Statutes of 1906 concerninp public improvements in cities of less than one hundred thousand inhabitants, to be known as THE COLLEGE AVENUE: IMIOVE7d,7EXT DISTRICT I10. 2, comprising all that portion of the roadway of College Avenue lying between the oouth line of Oak ,.treet at its intersection with College .?venue , and the north line of Laporte Avenue where said avenue intersects College Avenue , and all the lots and blocks fronting and abutting upon said improvement district. Section 2. The said petition prayed for the permanent improvement of said district by grading, paving , curbing and guttering the said btreet with materials to be selected by the City Council, and th%t said petition was made And filed under the provisions of Chapter C of the Revised Statutes of 1908 concerning permanent improvements in cities of less than -1- one hundred thousand inhabitants , and the City Council has designated concrete paving, otherwise known and described as one-course re-inforced concrete cement, for the raving of said district, and in so far as required the guttering and curbing of said district shall be of cement; that the plans and specifications, together with the maps prepared by the City Engineer in and for said district, be and are hereby adopted as the plans and specifications and map for said improvement, and the said woek of construction of said permanent improvements is hcraby ordered to be done in accord- ance with said maps, plans and specifications , which said maps , plans and sloeifinatIons so heretofore approved are hereby adopted in this ordinance as the maps, plans and specifications .for the construction of said i;nprovement , as provided by law, together with the estimate of the coat of construction of said improvement , amounting to Twenty-one Thousand Nine Hundred and Five and 37/100 Dollirre (:"21,905.37) , and the engineer's estimate of the cost per front foot to the owners of lots in said district abutting upon said improvement ; the road area to be paved includes fifteen thousand six hundred and six (15,606 ) square yards, exclusive of the trackage of the Denver & Interurban railroad Company; that the total area to be charged against the Denver i Interurban Railroad Company is eighteen hundred and five (1805) square yards, which is to be paved with vitrified peving brick at a_n estimated cost of Six Thousand Three Hundred seventeen and 50/100 Dollars ( 6,317.50) . Section 3. That pursuant to the requirements of said resolution adopted on the 5th day of August, A. D. 1915, due notice was given to the owners of the property to be assessed t by due and lawful publication in the Fort Collins iorning Express, -N- a daily newspapr'r of general eireulati )n published in the City of Fort Collins , for a period of twenty ( 20) days, as shown by the proof of publiection on file in the office of the City Clerk, which said notice was to the owners of the property to be assessdd, and des*Lnated the kind of improvements proposed, the number of installments and the time in rhich the cost xould be pa;mble , the rate of interest on unpaid and deferred installments, the extent of the district i!°sproved, topother with the probable cost per front Soot as sl: os-n by the estimates of the City Engineer; and to the further effect that on the 7th day of September, 1915 . at ;our o'clocl, p. m. in the Council Cham*er in the City Of Fort Collins , the City Council would hear and considc-r all complaints and objections that might be made and filed in writing concerning the proposed improvement by the owners of any real estate to be assessed; that Lin pursuanOe of said notice the said City Council did sit to hear complaints at an adjourned regular meeting held on the $111 day of 2eptember, 1915, and that all complaints in writing concerning the proposed improvement which hnd then and there been filed with the City Clerk viero duly considered and over-ruled. 5eeti ;r. 4. '-'he City Council finds that all the require- ment 's of the :statute respecting the petition for said improve- Tiont and the resolutions and the notices required by law to be given in respect thereto before the adoption of an ordinance oPdering said improvement, i;a.vo been complied with in all respects; and IT IS Fik BY ORDEFED that the improvement of College Avenue Improvement District +o. 2, as provided for in the maps, plans and specifications heretofore adopted bj the City Council and approved in this ordinance , be and is hereby ordered to be constructed. Section That under Ordinance o. 13 of the Series of 1906, entitled, "yin Ordinance Granting to the Denver & Interurban Railroad Company, its Successors and Assigns , the Right to Construct, Maintain and Operate a Street Railway in the City of Fort Collins , Colorado, and Granting a Night of V`ay to said company, its Successors and 1ssigns , over, along and across certain Street*, Alleys and '�ubl. ic 111ghways of the City of sort Collins , " the said The Denver 8 Interurban Railroad Company is obligated to pay or otherwise improve the streets ..hen so ordered by the City Council , and TY:e Denver r Interurban lailroad Company has elected in writing duly filed in the office of the City Clerk, to have paved the street in said. district, so far rz the same is occupied by the tracks of said company. vaith vitrified brick to the extentof the street occupied by its said tracks , and twenty-four (24) inches on each side of the outside rail of ;eid tracks, crhich nmo nt has he.ratofore been estimated by the City Engineer at eighteen hundred and five (1805 ) square yards, and estimated to cout Six Thousand Three Hundred ;seventeen and 50/100/, and the said The Denver & Interurban =.ailroad Company has elected to pay the cost of said construction and the annual installments as other assessments are paid in said district, and the cost of paving said area herein described as belonging to The Denver & Inter- urban Railroad Company shall be assessed to said company and collected in the same manner as the other assessments in said district. Section G. For the purpose of paying the cost of said iruprove.wnts, bonds of the City of Fort Collins are hereby authorized to be issued by the Commissionor of Finance and Ex-Officio City Treasurer of the City of Fort Collins, which -4- said bonds shall bear date at such time as may be fixbd by the City Treasurer aftE:r the wore of improvement has been commenced in said district , and in such form as may be approved by the City Council after sn.bmi.ssion by the Commissioner of Financo ; the said bonds shall boax the name of College Avenue Improvement District 'io. 2, and shall be payable in twenty (20) annual installments, five cer cant thereof payable in each and every year 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 fee si,-uile signatiu�e of the City Clark. which s:•_id bonds shall be in denominations of,&4L ,T,_ �.An A(-_Oe) Doll :.rs each, .Saab of said bonds shall be subscribed by the Commissioner of Safety and :x-Officio iayor and attested by the City Clerk with the seal of the City , and registered with the City Treasures, and shall be issued from time to ti:-ie as required for the payment of the work herein provided. Said bonds shell be redeemable out of the moneys collected on account of assessments made for said improvements ; all moneys collected from said ausessments or from the sale of the bonds for said improvement shall be credited to College Avenuo Improvement District No. 2, and the funds so collected shall only be used for the payment of the work of construction of said improvement , and the redemption of said bonds and the interest thereon. Said bc7nds shall be nu-bored 1 to Inclusive , and shall be redeemable consecutively according to number and in the order of issuance . ;aid bands shall only be issued by the City Treasurer on estimates and order of the City Engineer, signed and ;approved by the Commissioner of Safety and yx-Offici.o Mayor. All of said bonds shall be absolutely due and payable twenty (20) years after the date of I..suance, but shall be subject to call and payment at any time prior thereto, as provided in Chapter C -C- of the Revised Statutes of 1908 , relating to public Improve- ments in cities of less than one hundred thousand inhabitants# pursuant to the power and auth rity contained in §53II8 of the Revised Statute,, of 1908 , the payment of all the bonds issued in virtue of this oxtirance is hereby guaranteed by the City of :Fort Collins . Section 7. The said bonds, and coupons thereto attached , shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF COLORADO / CITY OF 1'ORT COLLINS No. COI.LI.:GE ,kVFKUt: IAPROYELTICIT DISTRICT 140. 2. The City of Fort Collins, in the County of Lari»er and State of Colorado, for value receive4, 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, anA payment TTowever, at any time prior thereto, as provided in the Act of the Ceneral Assembly hereinafter mentioned, with interest thereon from date until payment at the .rate of six per eentum per annum, payable semi-annually, on the day of and the day of aT-- e—office of the City-fiaeasurer of ® C ty of IVort 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 the College ?venue Improvement District No. 2, by virtue of and in full conformity with an Act of the Geno-ral Assr.ribly 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 XK* less than One Hundred Thousand , and Incorporated Towns , the Issuance of the Local Improvement Bonds therefor, and the 'Assessment and Payment of the Cost of said Improvements ," approved April S. 1899 , said Act being the same as Chapter C of the Revised Statutes of 1908 concerning public improvements in cities of less than and hundred thousand inhabitants, and an ordinance of said city duly adopted and approved, published and made a lays of said city prior to the issuance lkhreof. This band is payable out of the proceeds a_t special assess- ments to be ldvied upon the real property situate in the City of Fort Collins in oa.id College Avenue Improvement District No. 2 especially benefitted 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 said city, said lien heving priority over all other -6- liens arse. t other bonds heretofore issued b said oityand the lien ofpgeneral taxes; but paytaar+t of said. bands is p;uarantoed by the City of Fart Collins as provided by law rind the ordinance authorizing the issu# thereof; and it is hereby certified and recited that the total issue of bonds of said city for said district. Inoludir.g this bond , does not exceed the astiMate of the City Engineer, the contract price for said improvement , nor the amount authorized by :tar; axed it Is further hereby certified and recited that every requirement of laic. relating to the oreati n of said College Avenue Improvement District No. 2, the making of said local improvement and the issuance of this bond , has been fully complied with by the proper officers of said eityl and that all conditions required to exist and all things required to be done precedent to and in the issuance of this bond to rdnder the some lawfal and velid , have happened and been properly done and -prarformod , and did exist in regular and due time, form and manner as required by law. In Testimony 'frh.(sr.eof,, the said the City of eort Collins has caused this bond to be subscribed by its Commissioner of Safety and Ex-Officio dayor , attested by its City Clerk under the seal of said city, and the interest coupons hereto attached to be attested by the fae simile signature of the City Clerk, as of the day of 1915 . Commissioner of S,,. e y and rx-Officio Mayor. ;'TTF02: . Ci a er . ( 'orm of coupon) No. On the d,ay of 319 the city of port CollTne will prey t` ©ara�l" Dollars in lawful money of the United , a ee, at the office of the City Treasurer of Fort Collins Colorudo, being six months' interest on its local Improvement bond date& , 1915. issued for the constructi cal Improvement known as College Avenue Improvement District Iwo. 2, provided this bond shell not have been heretofore paid. Attac,ied to 3ond NO. City Clerk. Section .s, The Commissioner of Finance and Ex-Officio City Treasurer is hereby authorized and directed to have printed /a suffiolent number of bonds of the eenorxinatiom of ere �j�,�� npo (5oo)Taallars. each,numborod from I to -7- incluzivo , as are required to meet the estiT-,ted coot of said i,„provo:acnt as hor-in provided, and when Laid 'bonds --,hall a ,.ve boon duly prepared they shall be retained# by the City Treasurer to be i_:siu�d from ti.-ac to t.i:..r; as horeinbefore nrovidcd . ecticrr. J. Wherevor considered prudent by the City Treasurer, he is herby authorized and empowered, vhenever :unds may be is his hands to the credit of said �;ollee.e Hvenae Improve- ment District �o. -2, exceeding six months ' interest on the unpaid principal, to advertise for five days in the official newspaper of said city and call in a suitable nuEaber of bonds in said district for payment , and tit the expiration of thirty. -• days from the first publieption interest on the binds 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 10. Upon the taking effect of this ordinance , tho :layor is hereby authorized and ompowerod to advertise for bids for the construction of said L, inrovenent in accordance with the :saps, plans and specifications heretofore adopted, w-ndch udvertise,uant shall not be less than ten days in the official no;-spapor published in the City of Fort Collins, and all bids received under said advertiserient shall be submitted to the City Council for approval or rejection, and no contract shall be awarded in excess; of the . ity :ngincer' e estimate of the cost of sf.Ad improvement . After the contract is awarded for construction , the City Council shall require a bond for the faithful pbrformanee of the ewne of not less, than ticenty-five per cent of the contract price , with sufficient surety or sureties to be approved by the Commissioner of Safety and Ex-Cfficio aa7or, and the work of construct; -n when coo awarded under such contract , shall be under the general control lo f the -II- Commissioner of Public .`.'orbs andin the i:mnedi�:te control and supervislon of the City wn,7lr.eer, whose iecision in all matters of dispute respecting compliance with t1:is ordinance and the contract aade thereunder, shnIl be final and binding upon all parties thereto. When said oontraet is awarded it shall contain a, c4Ause to tk:o effect that it in subject to the pr. ovis ', ons of the acts under which the Cit,, pf Fort Collins exists, and of this ordinance, and that the agreed payments shall not exceed the estimate of the City Engineer 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, Itay be suspended for substantirl cause , and upon complaint of any owner of real est.n,te to bo assessed for the improvement , that the improvement is not being constructed in accordance with the contract , then the City Council may consider the complaint and maize such order as may be just, and their decision shall be final. `TA City Council shall have the right to reject any and all bids e,hich may be .wade by any ,arson or persons for the eonbtruction of said improvemonts, and vihen in the judgment of the City Council it shall doom it to the beet interests of said City of Port Collins, the said City Council is hereby authorized and empowered to provide for doing such work by Miring parties by the day and to arrange for purchasing the necessary materials to do such word: under the direction, supervision and control of the COM- missionc.- of Public Works and the City Engineer, voting for said city. Section 11. When the sold public improvement in College Avenue Improvement District No. 2 shall h:uve been completed and the same approved by the City Fngineer iznd recc:ariendod for acceptance by said officer, and duly accepted by the City Council of the City of Fort Collins, the cost thereof shall be assessed -9- upon the lots or tracts of land abutting upon said College Av, nue Iaprovc: ent District l'o. 2 in proportion as the front- of each or t o land is to the frontage of .11 th front- age a.cl ,cat rest f a e o ge e e 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 tvrenty-f ive 025) feet; the cost of the street intersections to be assessed one-half to the City of Fort Collins and the remaining hall` as provided by law, •.tihioh assesa:nents when so reported by the City Engineer and approved by the City 'r01MCil, shahi be assessed against the property in sr,id improvement diotrict by aa; ordinance to be adopted as provided by law. Section 12. For the purpose of paying for engineering and otter clerical expensos r,nd the coact of inspection upon, the approval of the City Counncil the Commissioner of Safety and Ex-Officio Mayor is authorized to advertise for not less than ten (10) days in the official reweraper of said city, and sell as many bonds as :Wray be necessary and use the proceeds thereof for said purpose, and in accordance with the provisions of t5393 of the revised Stntutes of 1906 . Section 13. :this orc;inance shall be irrepc.alable until the indebtedness herein provided for, whenever the stavne shall be created , shall have been fully paiC , satisfied :nnd discharged, as herein provided. Passed and adopted this � day of September, A. D. 1915. Cownissi oner of Safttj and x;:x-0f'ficio I yor . ATTEST i tY 'r 1 STATE OF COLO.RADO) ) SS. _ COUNTY OF LARIMER) ' I, Ray Baxter, City Clerk of the City of Fort Collins, do �httze.1 hereby certify and declareAhat the foregoing ordinance, consisting of Pm, sections, duly proposed and read at length at a meeting of the City Council held on the /3 F� day of September, 1915, waas,dduulyy ordered by ' Aye " and " Nay " vote to be published in the Fort CollinsExpress, a daily newspaper ti of the City of Fort Collins, in accordance with the provisions of Section 7 of ArticleIP of the City Chatter; a'th"at" thereafter, and onyi to-wit, the --� day of ,1916, at a regular meeting of the City Council,said ordinance came beforo said Council 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 second reading adopted , ..ruyt+rNr 1..• ®s an ordinance; and thereafter and on, to-wit, the 17 V day of" 1915, said ordinance No. as finally passed and ado ed, was duly published in the Fort Collinsz xp©l, a daily newspaper published in the City of Fort Collins, Colorado. In Witness Whereof, I have hereunto set my hand this - day of nnl �J t/t , 1915. City Clerk, !� Mlk k T f$•