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HomeMy WebLinkAbout032 - 12/11/1926 - RELATING TO THE CREATION OF NORTH COLLEGE AVENUE IMPROVEMENT DISTRICT NO. 23 (EMERGENCY ORDINANCE) N ORDINANCE NO ' , 1926s BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION OF NORTH COLLEGE AVENUE IITROVEMENT DISTRICT NO 23, 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 Thit pursuant to a petition duly filed and presented to the City Council on the 20th day of March, A D 1926, which 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 20th day of March, A D 1926, there is hereby created and 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 , 1926, to be known as North College Avenue Improvement District No 23, comprising all the oroperty fronting on said North College Avenue, or abutting thereon, from the North property line of Laporte Avenue and extending North to the city limits at the south end of the bridge over the Cache la Poudre River, said district to include the lots and blocks and lands abutting on said North College Avenue as follows, to-Nit Blocks 14, 42 22, 23, 242 25 and 26, all that portion of Lot 3 in the reservation on the Northwest Quarter of Section 12, Township 7 North, Range 69 West, lying north and west of the right-of-way Railway of the Fort Collins Development/Company, all that portion of Lot 3 of the Northwest Quarter of Section 12, Township 7 North, Range 69 West within reservation lying north and west of Linden Street extendion, said street being in Fort Collins, and lying south Railway of the right-of-way of Fort Collins Development ompany, -1- a strip of land across Block J. Fort Collins, situated in the Northwest Quarter of the Northwest Quarter of Section 12, Township 7 North, Range 69 West, being a strip of land 100 feet in width, 50 feet on either side of following described line which said line is the center of located line of the Railway across said land, the center line being described as follows Commencing at a point on West line of Section 12, 1112 3 feet south of Northwest corner thereof, thence North 56 degrees 40 minutes east to west line of said Block J and place of beginning, then continuing North 56 degrees 40 minutes east 850 plus feet to south bank of Cache la Poudre River, containing 20 acres, all in the City of Fort Collins, Colorado Section 2 That the said petition prayed for the improvement of said district by grading, paving, guttering, curbing and draining where necessary, paving to consist of reinforced concrete paving, which said petition was made and filed under the provisions of Ordinance No 7, 1921, as amended by Ordinance No 9, 1926, and that the plans and specifications, together with the map prepared by the City Engineer be and Lhe same are hereby adopted as the map, plans and specifications for said district, and said work of construction of said improvements is hereby ordered to be done in accordance therewith, as provided by law, together with the estimated coat of the construction of said improvements amounting to $59 ,955 90, being $53, 515 80 for the paving of the said district, and $6,440 10 for the drainage of the said district, which amount of $59,955 90 includes the cost tro 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 No 7, 1921, as amended by Ordinance No 9, 1926 —2— Section 3 That pursuant to the requirements of the resolution of the City Council duly adopted on the 26th day of June, A D 1926, 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 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 installments, the extent of the district improved, together with the probable cost per front foot and per square foot, as shown by the estimate of the City Engineer, and to the further effect that on the 31st day of July, A D 1926, at eight o' clock A M , in the Council Chamber in the City Hall of the City of Fort Collins, the City Council would 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 complaints at said meeting held on the 31st day of July, A D 1926t Section 4 That on to-Nit the said 31st day of July, A D 1926, certain property owners made oral objections to the cost of the fill in said district being assessed against said district, and the City Council after due consideration deemed it equitable and just that the fill in the said district, up to 14,000 cubic yards, more or less, of earth should be made by the City as a whole and not charged to the district, and thereupon the City Council directed and ordered the City Engineer to make and prepare a supplemental estimate of the cost of the said proposed North 8ollege Avenue Improvement District No 23, and that thereafter the City Engineer -3- filed his revised and supplemental estimate of the cost of the said proposed district, which was by the City Council duly adopted by resolution on the 4th day of December, A D 1926, which supplemental estimate was no greater than that disclosed by the original estimate, and in many instances the estimates were much less than the original estimate, which resolution also cancelled and set aside the original estimate so made by the City Engineer Section 5 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 improvements have been observed and complied with in all respects, and it is hereby ordered that the improvement of North College Avenue Improvement District No 23 as provided for in the map, plans and specifications heretofore adopted by the City Council, and approved in this ordinance, be and is hereby ordered to be constructed Section 6 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 Treasurer of the City of Fort Collins, which said bonds shall bear date at such times 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 Commissioner of Finance, said bonds shall bear the name of North College Avenue Improvement District No 23 of the City of Fort Collins, and shall bear interest and three—fourths at the rate of fou&/(4r) per cent 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 Braid bonds shall be in denominations of five hundred dollars each Each of said bonds shall be subscribed by the Commissioner of aafety and Ex—Officio Mayor, countersigned by the Commissioner of Finance and —4— l 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 North College Avenue Improvement District No 23, 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 /Z 0 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 duly audited and approved by the City Council and ordered paid All of said bonds shall be absolutely due and payable twenty years after the date of issue, but shall be subject to call and payment at any time prior thereto, as erovided in Section 27 of Ordinance No 7, 1921 Pursuant to the power and autrority 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 7 Said bonds and the coupons attached thereto shall be in substantially the following form UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLINS NORTH COLLEGE AVENUE IMPROVEMENT DISTRICT NO 23 NO The City of Fort Collins, in the County of Larimer, 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 of the City Treasurer of said City, on the day of , 19 , subject to call and payment, how ver, at any time prior thereto, as provided in the amendment of Section 1 of Article XVII of the City —5— Charter, passed and adopted April � , 1920, and Ordinance No 7, 1921, relating to local public improvements, as amended by Ordinance No 9, 19 6 wi�t+h i}�terest thereon from date until payment at the rate of four and ��hy%r SA isper annum, payable semi-annually on the day of at the office of the City Treasurer of the City of Fort 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 North College Avenue Improvement District No 23, 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, 19200 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 situate in the City of Fort Collins in said North College Avenue Improvement District No 23, especially benefitted by said improvements, and the amount of uhe assessments bo 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 gg�f�� said bonds is guaranteed by th e City of Fort Collins as providedA$rdinance, 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 North College Avenue Improvement District No 23, 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 property done and performed, and did exist in regular 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 seal of said city, and the interest coupons thereto attached to be attested by the fac simile signature of the City Clerk as of the day of , 192 Commissioner of Safety and Ex-Officio Mayor Countersigned Commissioner of Finance and Ex-Officio City Treasurer ATTEST City Clerk (Form of Coupon) No On the day of , 19 the City of 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, Colore�do, being six months' interest on its local -6- improvement bond dated , 192 issued for the construction of the local improvement known as North College Avenue Improvement Di- tract No 23, provided this bond shall not have been heretofore paid Attached to Bond No City Clerk Section 8 The Commissioner of Finance and Ex-Officio Treasurer is hereby authorized and directed to have printed a sufficient number of bonds of the denomination of five hundred dollars each numbered from 1 to 1.240 inclusive, as is required to meet the estimates 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 9 Whenever considered prudent by the City Treasurer he is hereby authorized and empowered, whenever funds may be in his hands to the credit of North College Avenue Improvement District No 23, 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 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 10 Upon the taking 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 said improvements in accordance with the map, plans and specificatinns heretofore adopted, which advertisement shall not be less than ten days in the official newspaper publighed 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 of the City Engineer' s estimate of uhe cost of said improvements After the contract is awarded for construction the City Council shall require -7- a bond for the faithful perfofmance of the same of not less than the full contract price, with sufficient surety or sureties to be approved by the Commissioner of Safety and Ex-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 Engineer, whose decision in all matters of dispute respecting compliance with this ordinance and the contract made thereunder, and the plans and specifications shall be final and binding upon all parties hereto Whem said contract is awarded it shall contain a clause to the effect that it is subject to the previsions of the charter and of the laws under which the City of Fort Collins exists and of this ordinance, and theprovisions of Ordinance No 7 , 1921, relating to local public as amended by Ordinance No 9, 1926, improvements/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, 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 with the contract, then the City Council may consider the complaint and make such order as may be just, and its decision shall be final The City Council shall have the right to reject any and all bids which -nay be made by any person or persons for the construction of said improvementst and when 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 directioh, supervision and control of the Commissioner of Public Works and the City Engineer, acting for said City Section 11 When the said public improvements in North College A,venue Improvement District No 23 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 -8- Collins, the cost thereof shall be assessed upon the lots or tracts of land abutting upon said North College Avenue Improvement District No 23 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 , and the cost of drainage shall be proportioned upon the area of lots or tracts of land abutting upon said North College Avenue Improvement District No 23 in proportion as the area of each lot or tract of land is to the area of all the lots or tracts of land so improved, for a distance of fifty (50) feet back on eit'ier side of the said street 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 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 erg rgency exists for the preservation of the public health, peace and safety and this ordinance shall take effect upon its passage and publication, under and by virtue of the authority contained in Sections 6 and 7 of article IV of the City Charter Introduced, read at length and adopted by the ananimous vote of all the members of the City Council this llth day of December, A D 1926 Co issioner of Safety d Ex—Offic o LAayor ATTEST ity Clerk —9— STATE OF COLORADO ) SS COUNTY OF LARIMER ) I; A J ROSENOW, City Clerk of the City of Fort Collins, do hereby certify and declare that the foregoing ordinance consisting of thirteen (13) sections was duly prpposed and read at length at a regular meeting of the City Council held on the llth day of December, A D 1926, 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 membcrs 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 day of 1926, said Ordinance No 0 V was duly published in the Fort Collins Express-Courier, a daily newsppper published in the City of Fort Collins, Coloraio IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City this day of 1926 City Clerk -10-