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HomeMy WebLinkAboutMINUTES-05/26/1913-Adjourned408 Records of the City Council, Ifs O. ,. N0.4Ra .. ...a .........W. Day 191 Minutes of a regular adjourned meeting of the City Council of the City of Fort Collins, Colorado held pursuant to adjournment of May 26 1913, on the 29th day of May A. D. 3913, Prosent: Hon. H. M. Balmer, Mayor Aldermen, Abbott, Armitage, EiDIX, Glessner, Johnson Mathews, Schlichter, St. Clair, Watson, Yard. Absent Alderman, Eves. Moved by alderman Abbott and seconded by alderman yard that the Communication from Mr. Paul W. Lee in regards the question of assessing Mr. J. A. C. U ssock Lots unlawfully, for old sere purposes was referred to the Committee on Sewers and Drain and the City Attorney. Moved by alderman Abbott and seconded by alderman Schlichter and when put to a vote carried the Bond of Mr. M. G. Nelson City Treasure.. was anTrr-)ved and ordered placed on file. Moved by clderman Johnson and seconded by alderman Yard and vr'nen put to a vote carried the Bond of Mr. L. D. Phelps as Police Magistrate vras Rem oved and ordered placed on file. Moved by alderman Yard and seconded by alderman Glessner, and when put to e vote carried the Bond Of Mr. Ray Baxter City Clerk wesapproved and ordered placed on file. Moved by alderman Schlichter and seconded by alderman Abbott and when put to a vote carried, the matters in regards the College Avenue Improvement District the Committee on Streets and the City Engineer to report next regular meeting. Moved by alderman Abbott and seconded by alderman Glessner, and when put to a vote carried, the progress of the Jefferson Street Improvemer_t District was left to the Street and Alley Committee to report next meeting. Moved by alderman Armitage and seconded by alderman Abbott, that the Committee on Public Grounds be authorized to plank the bridge on the road out to the Cemetery The roll being celled the vote stood as follows. Ayes Aldermen, Abbott, Armitage, Glessner, Johnson Mathews, Schlichter, St. Clair, Watson, Yard Nays Aldermen . . . . . . . . . . . . . . . Absent Alderman Eves. A majority of the alderman voting1,.n the affirmative the motion was carried and so declrred by the Mayor. Moved by alderman Armitage and seconded by alderman St. Clair that the Commitee on Law and Ordinance, the Committee on Public Grounds, and the City Atty. revise the rules and regulations in regards the Cemetery. The r oll being celled the vote stood as f ollows. Ayes. Aldermen, Abbott, Lrmitage, Glessner, Johnson Mathews, Schlichter, St. Clair, Watson, Yard. Records of the City Council, hay 191 400 Nays Aldermen. Absent Alderman Eves. A majority of the Cldermen voting in the affirmative the motion was carried and so declared by the Mayor. Moved by Alderman Armitage and seconded by alderman Johnson that the mater of reduc- ing the water rate for the Union Pacific Railroad be left to the Committee on Water Works to report later. Which report was as follows. REPORT OF THE COMMITTEE ON WATER WORKS RESPD7TING THE REQUEST OF THE UNION PACIFIC RAILROAD CO. TO MODIFY IT.' CONTRACT WITH THE CITY OF FORT COLLINS FOR THE USE OF WATER. TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF FORT COLLINS: 1 Gentlemen. The Committee on Water Works, to which was referred the request of the Union i Pacific Railroad Comp ny made through its representative, Captain Tenzer, to make a change in the contract of Baia comner�y with the City of Fort Collins respecting the I mimimum amount of water to be used by the ComparW, beg leave to submit the following I report: The committee has had Linder considerction the matter of the change in said contract, and find that under the present contract the railroad company is required to pay for not less than twenty five thousand gallons per day, and that according to the reports of the committee, the company does not consume anywhere near this amount of water during some months and the charge is largely in excess of the actual consumption. We therefore recommend that the request of the company to change the minimum amount in said contract from twenty five thousand gallons per day to fifteen thousand gallons per day be approved, and that the Mayor and City Clerk be authorized to execute a modi- fication of said contract in accordance with the terms of this report, subject to the approval of the City Attorney and the Company Very respectfully submitted F. D. Abbott, Chairman M. M. St. Clair. The roll being called the vote stood rs follows. Ayes Aldermen, Abbott, Armitage, Glessner, Johnson Ma thews, Schlichter, St, Clair, Watson, Yard. Nays Alderman. . . . . . . . . .. Absent Alderman Eces. All aldermen present voting in the affirmative the motion was carried and so declared by the Mayor. Moved by alderman Abbott and seconded by aldermEi:t Glv'esner Chest Inc fo1'loain _e�o_t o accepted. AND DRAINS RESPECTING THE CLAIM OF HARRIET RAYMOND REPORT OF THE COMMITTEE ON SEWERS WALLACE FOR DAMAGES ON ACCOUNT OF THE PINE STREET SEWER." TO THE HONORABLE MAYOR AND THE CITY COUNCIL OF THE CITY OF FORT COLLINS: Gentlemen: 410 Day 191 Records of the City Council, Your committee on Sewers and Droins has had under consideration the com— munication of L. R. Rhodes to the City Council respecting the claim of Harriet Raynor Wallace for damages on account of the discharge from the Pine Street Sewer, and beg leave to submit the following report. About May 1, 1905 the City constructed and put along Pine Street a Sanitery Sewer which drains the northwestern portion of the City of Fort Collins. The outlet of said sewer discharges at about the middle of Pine Street into a branch or arm of the Cache La Poudre River, running across Pine Street through the north end of plaintiff's premises, and this branch runs no considerable amount of water except for a short period of time during high water. On the 19th of October, 1907 Mrs. WaLLace filed a suit in the District Court of Larimer County against the City for damages, end preyed for a permanent in— junction against the maintenance of the outlet of said sewer near her property she being the owner of Lots 13 end 15, in Block 2 of the City of Fort Collins and residing thereon. On the 2nd day of April 1908., finding anf judgment was entered in favor of plaintiff in said action to the effect that the outlet discharge of said sewer was negligently and carelessly placed and mainteained so that the sewer matter was emptied into the said channel or branch of the Cache La Poudre river and has caused and continues to cause and accumlation of filth and sewage matter near said outlet and on the premises of plaintiff inside the bed or channel of said branch or arm; and the court further found that "by reason whereof noisome and offensive odors since the date of the construction of said sewer have permeated and do now permeate the air in and upon plai,tiff Is premises, all of which constitute a nuisance as to the plaintiff." The court further awarded damages in the sum of t17.00 per month from the 1st day of May, 1905, until the connencement of the e,ction October 19,1907 amounting in all to $ 504.00 and costs. The court further ordered and decreed that the " City of Fort Collins, its officers, agents, servants and employes be and they are hereby perpetually enjoined and restrained from k;eping and maintaining said sewer as the same is now kept and maintained so that said filth and sewerage mater is caused to flow upon e.nd accumulate on or near the premises of the plaintiff, to the hurt, inconvenience and danger of plaintiff as herein found, orpermitting the same to be so kept and maintained." This cause was appealed to the Supreme Court of the State of Colorado, and upon the creation of the Court of Appeals was transferred to that Court, and on February 10, 1913, the judge'ent of the District Court of Larimer County was affirmed, the Court holding that under Article ii, of Section 15 of the Constitution of the State of Colorado providing that private property shall not be taken or damaged for public use without compensation, a city discharging sewerage in an arm of the river end at a point near to or on the premises of an individual cfusing damage to him, is liable for the damages sustained. The principal contention of the city ib that ease as presented by its City Attorney Records of the City Council, Day I 91411 was that every nne else living in the immediate vicinity of the sewer or the home of tYe plaintiff " suffered the same inconvenience, and if the sewer pipe was carried on to the river proper that there were people living along the bank where deposits would then be made, and that they would suffer like damage, and found that to carry the pipe entirely beyond the habitable prrt of the City would occasion too great an expense. Of course, every case of this character must be determined upon the facts and conditions which it presents, and we shall atempt to lay down no general rule governing such matters, we expressly ruled in Pueblo vs. Bradley, 128 Pacific, 98891.........It is not necessary I for us to set forth here or q uote from the authorities which we have cited and commented upon. " After the affirmation of the foregoing judgement, the City paid insettlement of the Wallace claim the sum of $ 773.59, and this covered the damages to October 19, 1907. Ever since the decision of the case by the District Court on Apri_1 2, 1908, the City has been. under an injunction from keeping and maintaining said sewer as the same was. then kept and maintained, and we understand that our predecessors in office endeavored to improve the conditions at the outlet of this sewer. However, whatever has been done does not seem to have satisfied Mrs. Wallace, end she now claims damages e.rising from the maintenance of said outlet to Pine Street sewer from October 19% 1907 to the date hereof, and as sta- ted in the letter of her counsel, to the amount of$ 2500.00 as an offer of settlemer_t. The committee met with counsel for Mrs. Wallace on Wednesday l,iay 21, and went over the whole situation respectinC the claims of Mrs. Wallace. The Committee prior to said meeting also made a personal investigation of the outlet of the Pine Street sewer e.nd d the premises belonging to Mrs. Wallace and theyreached the conclusion that the claim of Mrs. Wallace was excessive and not to be allowed. In these circumstances the committee was unable to reach any reasonable or satisfactory adjustment of the matter, but believing that it was its duty to report fully all the facts and circumstances out of which the c claim has been made so that the council could be fully advised in the premises and take itte believes it would be advisable for the council such action as it saw fit. The comm to take immediate steps to relieve the situation as much as possible in connection with said outlet sewer by removing all the rubbish end debris that has accumulaged, and pro- viding a free outlet to the main ch annel of the river and to maintain in this condition' until the new outlet for the Pine Street sc;wer is constructed and compaleted. Counsel for Mrs Wallace claims that the City Council is in contempt of the District' Court by reason of its failure to observe the requirements of said decree, and under the the city council should endeavor in every way possiblw to modify and control circumstances the conditions existing at said outlet in furtherance of the requirements of said decree and to relieve itself from any possible charge of wilful violation of the court's mandate i Respectfully submitted B. B. Johnson D. C. Armitage W. M. Yard. Committee on sewers and Drains. 412 Records of the City Council, Day I 9 I The roll being called the vote stood as follows. Ayes Aldermen, Abbott, Armitage, Exea, Glessner, Johnson, Mathews, 2Schlichter, St, Clair, Watson, Yard. Nays, Alderman. .. - Absent alderman Eves. All aldermen present voting in the affirmative the motion was carried and so declared bir the Mayor. Moved by alderman Abbott and seconded by' alderman Glessner that the following report be accepted. REPORT OF THE COP1)1ITTEE ON SEWERS AND DRAINS RESPECTING THE AWARDING OF THE CON TRACT F OR THE CONSTRUCTION OF THE NEW OUTLET TO THE PINE STREET SANITARY SEWER. TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF FORT CO-L INS. Gentlemen: The eormu ttee on Sewers end Drains , to which was referred the bids for the construction of the new outlet to the Pine Street Sanitary Sewer, beg leave to submit the following report: In conjunction with the City Engineer we have considered the bids of Kirkpatrick & Son and James Whedbee, and we find that the total bid of Kirkpatrick Son amounts to $ 4400.00 and that of James of Whedbee amounts to $ 4913.00. We find upon examination that there is little variation in the bids growing out of the stone work, the specifications providing for a separate bid whenever stone work is encountered in the work of construction,but the committee believes t et thebid of Kirkpatrick & Son is the proper bid to be accepted by the City, and we therefore recommend that the contract be awarded to Kirkpatrick & Son and that they be re— quired to give a bond to be arproved by the Mayor of this City in thesum of $0-200.00 to complete the wotk in 60 days, and tart the City A�torney be directed to draw up a contract and bond in accordance with this award. Very Respectfully submitted. B. B. Johnson D. C. Armitage W. M. Yard. Committee on Sewers end Drains. The roll being called the vote stood as follows. Ayes, Aldermen, Abbott, Armitage, Glessner, Johnson Mathews, Schliohter, St. Clair, Watson, Yard. Nays Alderman. . . . . . . . . . . Absent Alderman Eves, All aldermen present voting in the affirmative the m otion was carried and so de— clared by the Mayor. Moved by alderman Yard and seconded by alderman Glessner that the Bid of Kirk— patrick & Son for the construction of the Pine Street Sewer Outlet in the amount of 044OOoOO be accepted. Records of the City Council, Day 191 413 Which said motion -,eing put to a vote carried and was so declared by the mayor. Moved by alderman Yard and seconded by alderman Johnson that the Chair appoint a committee of three to raise fifty dollars for the G. a. R. Which said motion when put to a vot carried and was so declared by the Mayor. The following committee was appointed pursuant to the above motion Aldermen, Yard,Platso and St. Clair. Moved by alderman St. Clair and seconded by alderman Glessner and when put to a vote cesried the Street and Alley Committee and tie City Attorney were instructed to lock into the matter of the ownership of College Avenue south of Laurel street to Elizabeth Street.. Whereupon Council adjourned until May, 28th 1913. Attest ,_-DitY Clerk. � Mayor