HomeMy WebLinkAbout013 - 06/23/1955 - RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT NO. 50 i
ORDINANCE NO 13 , 1955
RELATING TO THE CREATION AND ORGANIZATION OF SANITARY
SEWER DISTRICT NO 50, P80vIDING FOR THE CONSTRUCTION
OF IMP$QVEMENTS THEREIN,, ib AUPHORIZING THE hWOCE
OF BONDS TO MY THE COST OF CONSTRUCTION THEREOF.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
Section 1 That pursuant tC a petition duly filed and presented to
the Council on February 11, 1955, 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 signeduby 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 50, comprising blocks 306, 316, 325 and 326, and
that part of Blocks 3o5 and 315 lying North and East of the Arthur Ditch, all
in the Capitol Hill Addition to the City of Fort Collins, Colorado.
Section 2 That the said petition prayed for the-improvement of the
said district by construction of a sanitary sever line in Blocks 306, 316, 325 and
326, and that part of Blocks 305 and 315 lying North and East of the Arthur Ditch,
all in the Capitol Hill Addition to the City of Fort Collins, Colorado, which
said petition was made and filed under the provisions of said Ordinance No. 7,
1921, as amended, and that the plans and specifications 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 speeifications for said sanitary sewer district, and said work of
construction of said sanitary sever 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
669055 square feet, and the rate of assessment per square foot for trunk line
assessment of 60 0065255, and branch line assessment of $0 012 and the cost of
a lot 50 by 170 feet for branch line assessment is estimated at $102.00, and
for such lot for trunk line assessment is estimated at $55 47 with a total
assessment for such lot is estimated at $157 47 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 amended
Section 3 That pursuant to the requirements of a Resolution of the
City Council, duly adopted on the 1st day of April, A. D. 19559 due notice was
given-to the owners of the property to be assessed, by due and lawful publlca-
tion 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 the 13th day of May, A. D. 1955, 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 complainis and objections that might be
made and filed in writing concerning the proposed improvements by the owners
of any real estate to be assessed, that by Ordinance No. 6 , 1955, passed
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and adopted on final reading on the 29th day of April 1955, the time for said
hearing was continued to the 26th day of May, A.-D 1955, that in pursuance
of the said notice, the said City Council did sit to hear the complaints at
said meeting held on the 26th-day of May, A. D. 1955, at 1 30 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 fort 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 50 as provided for in the map, plans and specifications here.
tofore 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 $12,400 23
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, 1955, 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 50 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 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 registered with the Director of Finance, and shall be
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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. 73, 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 ad-
vertisement and upon such terms and conditions as to it seem advisable. Said
bonds shall be redeemable out of the moneys collected on account of the assess—
ments 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. 50, 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 twenty-five,
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 pre—
serve 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, 1921, 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 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
tag, or other lien, shall extinguish the perpetual lien of such assessments
herein provided to be made.
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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 §ICIER DISTRICT NO 50
No.
The City of Fort Collins, in the County of Larimer, and State of
Colorado, for value rece3.ved, 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 May and the 1st day of November, 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 improvementsx as amended,
with interest thereon from date u„t,i payment at the rate of six per cent (6%)
per annum, payable semi-annually, on the 1st day of May and the lst 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 theit severally become
due
This bond is issued for the purpose of paying the cost of the local
improvements in Sanitary Sewer District No. 50, by virtue and in full conformity
with the City Charter and Ordinance No. 7, 1921, relating to local public im-
provements, 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. 50, 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 aqy general State, County, Town or School tag, or other lien, shall
extinguish the perpetual lien ofsuch assessments herein provided to be made
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 estimab of
the City Engineer, and the contract price for said improvements, 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 Sanitary Sever District
No 50, 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
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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, ymder the seal of said City, and the interest
coupons thereto attached., to be attested by the facsimile signature of the
City Berk as of the�lst day of November 1955
ayor
COUNTERSIMM
Director of Finance
ATTEST
City Clerk
(Form of Coupon)
No $15,00
On the day of , 19_, the City of Fort
Collins will pay o e earer een O�Dollars in lawfal 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 improvement bond, dated
November 1, 1955, issued for the construction of the local improvements known
as Sanitary Sever District No. 50, provided this bond shall not have been
heretofore paid
Attached to Bond No
City Clark
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 25, inclusive, as is required to meet
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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. 50, including six monthst 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 map, plans and specifications hereto-
fore 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 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 speci-
fications,"shall be final and binding upon all parties thereto. When said
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contract is awarded it shall contain a clause to the effect that it is subject
to the provisions of the charter and of the lairs 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
appronriatea, and that upon ten (10) dayst notice the work unaer 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 aecision shall be final. When said
contract is awardea, _t shall also cortazn a provision as Fo the rannrner of
payment - whether the sane shall be rlaae in bonas of the sdlo D1strlct 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 maae by any person
or persons for the construction of said improvements, and when, in the udgment
of the City Council, it shall be deemea to the best interests of the said City
of Fort Collins., the sale City Council is hereby authorized ana empowerea to
provide for doing such work by harin parties by the day and to arrange for
purchasing the necessary mCterials, to do such work under the direct super-
vision any control of the City Manager and the City Engineer acting for said
City.
Section 10 ldhen the local improvements an Sanitary Sewer District
No 50 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 Collins, the cost the eof shall be assessea upon
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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. 7,
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 Distri6t No. 50 by an Ordinance to be adopted as provided
by ordinance No. 7, 1921, 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 26th day of May, A D 1955, and to be presented for final passage on the
23rd day of June, A D 1955
Mayor
ATTEST
City er
Passed and adopted on final reading this 3pgh day of Jame, A D. 1955.
Z-lr�4�
mayor
ATTEST
city Ueric
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