HomeMy WebLinkAbout028 - 09/26/1957 - RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT NO. 51 ORDINANCE NO 28, ,1957
RELATING TO THE CREATION AND ORGANIZATION OF SANITARY
SEWER DISTRICT NO 51, 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 COUNCIL OF THE CITY OF FORT COLLINS
Section 1 That pursuant to a petition duly filed and
presented to the Council on May 23, 19S7, which said petition was
referred to the City Engineer for investigation and report and was
by said City Engineer reported back to the City Council as being
signed by the owners of more than one percent of the area in the
proposed district THEREFORE, there is hereby created and organized
an improvement district under and by virtue of the provisions of
Ordinance No 7, 1921, as amended by subsequent ordinances, to be
known as Sanitary Sewer District No 51, compris4ng an area within
the following described boundary lines, to-wit
Beginning at a oint which is North 72 3 feet from the S E
corner of Lot 1&}, Tennyson Heights Subdivision of a part of
Section 10, Township 7 North, Range 69 West of the 6th P M ,
and running West 8 Peet, thence South 72 25 feet, thence
West 217 25 feet, thence North 47 3 feet, thence West 75
feet, thence North 25 feet, thence West 350 feet, thence
North 67 feet, thence West 125 feet, thence South 67 feet,
thence West 110 feet, thence North 217 feet, thence East
738 4 feet, thence North 300 feet, thence East 350 feet,
thence South 100 feet, thence East 64 feet, thence South
50 feet, thence East 180 feet, thence South 367 feet to
point of beginning, all of which is in the City of Fort
Collins.
Section 2 That the said petition prayed for the improvements
of the said district by construction of a sanitary sewer line in the
areas within the following described boundary lines, to-wit u
Beginning at a oint which is North 72 3 feet from the S E.
corner of Lot 49 Tennyson Heights Subdivision of a part of
Section 10, Townshi 7 North, Range 69 West of the 6th P M ,
and running West 48 feet, thence South 72 25 feet, thence
West 217 25 feet, thence North 47 3 feet, thence West 75
feet, thence North 25 feet, thence West 350 feet, thence
North 67 feet, thence West 125 feet, thence South 67 feet,
thence West 110 feet, thence North 217 feet, thence East
738 4 feet, thence North 300 feet, thence East 350 feet,
thence South 100 feet, thence East 64 feet, thence South
50 feet, thence East 180 feet, thence South 367 feet to
point of beginning, all of which is in the City of Fort
Collins;
which said petition was made and filed under the provisions of said
Ordinance No 7, 1921, as amended, and that the plans and specifica-
tions together with the estimated cost of said sanitary sewer and
the schedule of assessments upon the lots in said blocks in said
sanitary sewer district, together with the map prepared by the
City Engineer, be and the same are hereby adopted as the map, plans
and specifications for said sanitary sewer district, and said work of
construction of said sanitary sewer district is hereby ordered to be
done in accordance therewith, as provided by law, which said report
further described the total area to be assessed in said sanitary sewer
district, consisting of 387,819 52 square feet, and the rate of
assessment per square foot as $QRD94.07, and the cost of a lot 50 by
140 feet as $168 49 All costs of said construction and improvement
are to be assessed against the owners of lots and lands in said
district as the area of each piece of real estate in said district
is to the area of all the real estate in the district, exclusive of
streets and alleys, in accordance with the provision of Ordinance
No 7, 1921, as amendedg
Section 3 That pursuant to the requirements of a Resolution
of the City Council, duly adopted on the 23rd day of May, A D 1957P
due notice was given to the owners of the property to be assessed, by
due and lawful publication in The Fort Collins Coloradoan, 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 install�ments, the extent of the district improved,
together with the probable cost per square foot, as shown by the
estimate of the City Engineer, and to the further effect that on
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the 12th day of September, A D 1957, at 1 30 otclock P M , in
the City Council Chamber in the City* Hall of the City of Fort Collins,
the City Council would hear and determine all complaints and object-
ions that might be made and filed in writing concerning the proposed
improvements by the owners of any real estate to be assessed, that
in pursuance of the said notice, the said City Council did sit to
hear the complaints at said meeting held on the 12th day of September,
A D 1957, at 1 30 o' clock P M , and that no complaints in writing
concerning the proposed improvements had then and there been filed
with the City Clerk
Section 4 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 improvements of Sanitary Sewer District No 51 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 in the aggregate
principal amount of $9,333 52 are hereby authorized to be issued by
the Director of Finance of the City of Fort Collins , which said bonds
shall bear date of November-1, 1957, and in such form as may be
approved by the City Council after submission by the 'Director of
Finance, said bonds shall bear the name of Sanitary Sewer District
No 51 of the City of Fort Collins, and shall bear interest at the
rate of six per cent (6%) 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
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said bonds shall be in denominations of Five Hundred ($500 00)
Dollars each Each of said bonds shall be subscribed by the
Mayor, countersigned by the Director of Finance, and attested
by the City Clerk with the corporate seal of the City, and register"
ed with the Director of Finance, 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
costs in cash, as provided in Ordinance No 7, 1921, as amended, and
anything in this Ordinance or any Ordinance of the City of Fort
Collins to the contrary notwithstanding, any or all of the bonds
herein provided for may be sold by the City Council at public or
private sale, with or without prior advertisement and upon such terms
and conditions as to it seem advisable Said bonds shall be redeem-
able 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 Sanitary Sewer District No 51, and the funds so collected shall
only be used for the payment of the work of construction of said
improvements and the interest thereon and collection cost Said
bonds shall be numbered from one to nineteen, inclusive, and shall
be redeemable consecutively, according to number and in the order of
issuance Said bonds shall be issued upon estimates of the City
Engineer, approved by the City Council, and the Director of Finance
shall preserve a record of the same in a suitable book kept for
that purpose All of said bonds shall be absolutely due and
payable ten (10) years from the date of issue, but shall be subject
to call and payment at any time prior thereto, as provided in
Ordinance No 7 , 1921s relating to local public improvements, as
amended All assessments made in pursuance of this Ordinance,
together with all interest thereon and penalties for default in the
payment thereof and all costs in collecting the same,, shall, from the
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date of the final publication of the assessing ordinance hereafter
to be adopted, constitute a perpetual lien on a parity with the
tax lien for general State, County, City, Town or School taxes,
and no sale of such property to enforce any general State, County,
Town or School tax, or other lien, shall extinguish the perpetual
lien of such assessments herein provided to be made
Section 6 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
SANITARY SEWER DISTRICT NO 51
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 the bearer hereof, the sum of Five
Hundred ( 500 00) Dollars in lawful money of the United States, at
the office of the Director of Finance of said City, on the lst day
of November, 1967, subject to call and payment, however, at any
time prior thereto, as provided in the City Charter and Ordinance
No 7, 1921, relating to local public improvements, as amended,
with interest thereon from date until payment at the rate of six
per cent (6,%) per annum, payable semi-annually, on the 1st day of
May and the 1st day of November at the office of the Director of
Finance 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 improvements in Sanitary Sewer District No 51, by virtue
and in full conformity with the City Charter and Ordinance No 7, 1921,
relating to local public improvements, as amended This bond is
payable out of the proceeds of special assessments to be levied upon
the real property, situate in the City of Fort Collins in said
Sanitary Sewer District No 51, 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 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, and the lien created by said
assessing ordinance, together with all interest thereon and penalties
for default in the payment thereof, and all costs in collecting the
same, shall, from the date of the final publication of the assessing
ordinance hereafter to be adopted, constitute a perpetual lien on a
parity with the tax lien for general State, County, City, Town or
School taxes, and no sale of such property to enforce any general
State, County, Town or School tax, or other lien, shall extinguish
the perpetual lien of such assessments herein provided to be made.
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 for
said improvements, nor the amount authorized by law, and it is
fi.rther hereby certified and recited that every requirement of
law relating to the creation of said Sanitary Sewer District No
51, the making of said local improvements 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 properly
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 Mayor, countersigned by
its Director of Finance, and attested by its City Clerk, under the
seal of said City, and the interest coupons thereto attached, to be
attested by the facsimile signature of the City Clerk as of the 1st
day of November 1957
Mayor
COUNTERSIGNED
Director of Finance
ATTEST
City Clerk
(Form of Coupon)
No $15000
On the day of , 19 , the City of
Fort Collins wi l-pay to the bearer Fifteen— $15 OOT—Dollars in lawful
money of the United States, at the office of the Director of Finance
of Fort Collins, Colorado, being six (6) months ' interest on its local
improvements bond, dated November 1, 1957, issued for the construction
of the local improvements known as Sanitary Sewer District No 51,
provided this bond shall not have been heretofore paid
Attached to Bond No,
City Clerk
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Section 7 The Director of Finance is hereby authorized
and directed to have printed a sufficient number of bonds of the
denomination of Five Hundred ($500 00) Dollars each, numbered from
1 to 19, 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 Director of
Finance to be issued and delivered from time to time as hereinbefore
provided
Section 8 Whenever considered prudent by the Director of
Finance, he is hereby authorized and empowered, whenever funds may
be in his hands, to the credit of Sanitary Sewer District No 510
including six months ' interest on the unpaid principal, to advertise
for five (5) 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 (30) 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 bonds so issued shall
be called and paid in their numerical order
Section 9 Upon the taking effect of this Ordinance, the
Mayor is hereby authorized and empowered to advertise for bids for
the construction of said improvements in accordance with the maps
plans and specifications heretofore adopted, which advertisement
shall not be less than ten (10) days in the 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 awarded in excess of the City
Engineer' s estimate of the cost of said improvements After the
contract is awarded for the construction, the City Council shall
require a bond for the faithful performance of the same of not less
than the full contract price, with sufficient surety or sureties to
be approved by the Mayor, and the work of construction when so awarded
under said contract shall be under the general control of the City
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Manager alone 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 thereto When 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 law-a under which the City of
Fort Collins exists and of this Ordinance, and the provisions of
Ordinance No 7, 1921, relating to local public improvements, as
amended, and that the agreed payment shall not exceed the estimate
of the City Engineer and the amount appropriated, and that upon
ten (10) 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 When said contract is awarded, it shall also contain
a provision as to the manner of payment - whether 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 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 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 direct supervision and control
of the City Manager and the City Engineer acting for said City
Section 10 When the local improvements in Sanitary Sewer
District No 51 shall have been completed and the same approved by
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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 area of each piece of real estate in said district
is to the area of all the real estate in the district, exclusive of
streets and alleys, in accordance with the provision of Ordinance
No 79 1921, as amended, which said assessment when made and reported
by the City Engineer and approved by the City Council, shall be
assessed against the property in said Sanitary Sewer District No 51
by an Ordinance to be adopted as provided by Ordinance No 7, 1921s
as amended
Section 11 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
Introduced, considered favorably on first reading and
ordered published this 12th day of September, A D 19579 and to
be presented for final passage on the 26th day of September, A D
1957
Mayor
ATTEST
City Clerk
Passed and adopted on final reading this 26th day of September, A D
1957
Mayor
ATTEST
4404
�iCi Clem
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