HomeMy WebLinkAbout005 - 05/09/1952 - CREATING AN IMPROVEMENT DISTRICT TO BE KNOWN AS CONSOLIDATED STORM SEWER IMPROVEMENT DISTRICT NO 12 ORDINANCE NO 5 1�52
AN O'RD14ANCE CREATING AN IMPROVEMENT DISTRICT IN THE CITY OF FORT
COLLINS COLORADO, TO BE KNOWN AS CONSOLIDATED STORM SEWER IMPROVEMENT
DISTRICT NO 12 "bRDERING THE CONSTRUCTION THEREIN OF STORM SEWER
IMPROVEMENTS PPOVIDING FOR THE ISSUANCE OF BONDS OF THE DISTRICT IN
PAYMENT FOR SAID IMPROVEMENTS AND DECLARING AN EMERGENCY
WHEREAS The City Council of Fort Collins Colorado pursuant
to the provisions of Ordinance No 7 Series of 1921 and upon the
requisite petitions subscribed by the owners of not less than 1% of the
property to be assessed for the local improvements hereinafter described
has by resolution duly found and declared that there existed a
necessity for the creation of Consolidated Storm Sewer Improvement
District No 12 and the construction therein of certain storm sewer
improvements as described in said petitions and resolution and
WHEREAS the City Engineer has made his report in the
premises and has filed with the Clerk of said City all the maps and
certificates of his survey as well as schedules plans specifications
approximations of cost and all other matters and things in complete
form and substance as by law and said resolution required and
WHEREAS by resolution duly passed and adopted by said City
Council Qrf the 4th day of April.# A D 1952 the report so made and
filed by said City Engineer was adopted and the said report together
with details specifications estimates maps and schedules was
approved and adopted by said City Council and
WHEREAS by said resolution the said City Council directed
the City Clerk to publish in the Fort Collins Coloradoan the official
newspaper of said City notice of a proposition to create said District
and that on May 9 1952 at 1 30 o'clock P M all complaints and ob—
jections that might be made in writing concerning the proposed improve-
ments by the owner or owners of any real estate to be assessed or any
person or persons interested generally would be heard and determined
by the Citj Council of said City of Fort Collins before final action
of said Council thereon and that after the determination of all complaints
and objections was made said City Council would take up and consider an
ordinance creating said district and ordering the improvements in said
resolution and novice proposed and
WHEREAS the City Clerk by advertisement for a period of
more than two (2) weeks prior to the said 9th day of May A D 1952 gave
notice in form and substance to the matters and things above mentioned
as ordered to be given in all respects in accordance with law and said
order and
WHEREAS at the time and place specified in said notice
the City Council met in open session for the purpose of hearing any
objections or protests that might be made against said improvements
and that no objections or complaints in writing concerning the proposed
improvements have been filed with the City Clerk, and
WHEREAS the City Council is now of the opinion that
Consolidated Storm Sewer Improvement District No 12 should be created
THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT COLLINS COLORADO THAT:
Section 1 Said improvements hereinbefore described and
referred to consisting of storm sewer improvements all as in the petition
and resolution for said improvements set forth and described were duly
ordered after notice duly given and hearing duly held that the petition
was duly presented to said City Council and that said petition was
subscribed by the required number of owners all as required by said
Ordinance No 7 Series 1921
Section 2 Said improvements shall consist of concrete or
vitrified tile sewer pipe in the approximate quantities and sizes
described in said notice of the proposal to create said District
together with inlets manholes appurtenances and incidentals all in
accordance with the map details estimates plans and specifications
on file in the office of the City Clerk Such improvements shall be
constructed and installed in the District bounded as follows
Beginning at the Northwest corner of Block 1 Sitzman Addition and running
thence South to a point which is 200 feet North of the South line of East
Myrtle Street thence West along the center line of the alley in Block
195 to the West line of Block 195, thence South 290 feet to the Northwest
corner of Block 196 thence West along the South line of Myrtle Street to
the Northeast corner of Block 146 thence Southwesterly across Block 146
to the Southwest corner of Block 146 thence South 100 feet to the
Northwest corner of Block lLP? thence West along the South line of Laurel
Street to the Northwest corner of Block 127 thence South along the East
line of College Avenue to the Southwest corner of Block 6 in Craftts Re-
subdivision of the Lake Park Addition thence East along the North line
of Garfield Street to the Southeast corner of Block 1 in Craftts Re-
subdivision of the Lake Park Addition thence North to the Northeast
corner of Block 1 in Craft's Resubdivision of the Lake Park Addition
thence North to the South line of the North one-half of Section 13 Town-
ship 7 North Range 69 West of the 6th P M thence East along the South
line of the North one-half of said Section 13 to a point directly South
of the Southeast corner of Block 198 thence North to the Northeast
corner of Block 197 thence Nor heasterly to the Southeast corner of Block
2 in Sitzmants Addition to the City of Fort Collins thence North to the
Northeast corner of Block 1 of Sitzmants Addition thence Northwesterly
along the Southeast line of Riverside Avenue to the point of beginning
all in the City of Fort Collins Colorado except streets and alleys
contained therein
Section 3 Said District shall be known as and the same is
hereby designated Consolidated Storm Sewer Improvement District No 12
Section 4 The construction and installation of the storm
sewer improvements in and for said District as shown by the plans
specifications and maps thereof prepared by the City Engineer and ap-
proved by the City Council of said City and now on file in the office
of the Clerk of said City be and the same is hereby authorized and
ordered
Section 5 By virtue of and in pursuance of the aforesaid
Ordinance No 7 local improvement bonds of the City shall be issued for
the purpose of paying for the local improvements in this Ordinance described
and provided to be constructed in said District in an amount not to
exceed the cost of said improvements including engineering inspection
other incidental expenses and interest as in said Ordinance No 7
provided
Section 6 The said bonds shall be dated November 1 1952
shall bear the name of the District improved shall be payable to the
bearer ten (10) years from and after the date thereof subject to call and
prior payment as by law proviaed shall be subscribed by the Mayor
countersigned by the City Treasurer and attested by the City Clerk under
the seal of the City shall be payable out of the moneys collected on
account of the assessments to be made for saiA improvements and shall
bear interest at the rate of five per cent (5 ) per annum payaole
semi—annually Said coupons shall be signed with the facsimile signature
of the City Clerk Said bonds shall be in the denomination of One
.Tt==& Dollars ($1000 00) each and shall be numbered consecutively
from one upward The principal of and interest on said bonds shall be
Payable at the office of the City Treasurer Said bonds shall be callable
and payable in their regular numerical order both before and after
maturity
Section 7 The said improvement bonds shall be issued on
estimates of the City Engineer approved by the City Council and shall
be sold to paj the cost of the improvements specified herein The City
Treasurer shall make and preserve a record of all bonds issued hereunder
in a suitable book kept for that purpose
Section 8 Said bonds and the coupons thereto attached shall
be in substantially the following form:
UNITED STATES OF AMERICA
STATE OF COLORADO COUNTY OF LARI14M
CITY OF FORT COLLINS
CONSOLIDATED STORM SEWER IMPROVEMENT DISTRICT ITO 12
No 0000 00
The City of Fort Collins in the County of Larimer and State
of Colorado for value received acknowledges itself inaebted and
hereby promises to pay to the bearer hereof the sum of
ONE THOUSAYD DOLLARS
l
in lawful money of the United States of America on the first day of
November A D 1962 subject to call and payment however at any time
prior thereto with interest thereon from date until payment payable
semi—annually on the first days of May and November in each year os
evidenced by and upon presentation of the annexed coupons as they several—
ly become due principal and interest being payable at the office of the
City Treasurer
This bond is callable and payable in its regular numerical
order in the issue of which it is one both before and after maturity
This bond is issued for the purpose of paying the cost of
storm sewer improvements in Consolidated Storm Sevier Improvement District
No 12 in said City by virtue of and in Hill conformity with the
Constitution and laws of the State of Colorado and the Charter and
ordinances of said City duly adopted approved published and made laws
of said City prior to the issue hereof
This bond is payable out of the proceeds of special assessments
to be levied upon real estate situated in the City of Fort Collins
Colorado in said Consolidated Storm Sewer Improvement District No 12
specially benefited by said improvements which assessment- with accrued
interest are by lair made perpetual liens on said real estate in the
respective amounts apportioned thereto and to be assessed by an ordinance
of said City said liens to have priority over all other liens except
general taxes
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
amount authorized by law that every reouirement of law relating to the
creation of said District the making of said local improvements and the
issue of this bond has been fully complied with by the proper officers
of said City and that all conditions required to exist and things
required to be done precedent to and in the issue of this bond to render
the same lawful ana valid have happened been properly done and performed
and did exist in regular and due time form and manner as required by
law
For `he payment of this bond and the interest thereon the City
pledges all of its lawful corporate powers
IN TESTIMONY WHEREOF the City of Fort Collins has caused
this bond to be subscribed by its Mayor countersigned by the City
Treasurer attested by the City Clerk under the seal of the City and
the interest coupons hereto attached to be signed with the facsimile
signature of the City Clerk this 1st day of November A D 1952
Mayor
COUNTERSIGNED
City Treasurer
( S E A L )
ATTEST
City Clerk
Section 9 The City Clerk is hereby authorized and directed
to arrange for the printing of such bonds as may be required to meet
the actual cost of said improvements as herein provided and when said
bonds are prepared to deposit the same with the City Treasurer to be
issued in payment of the cost of said improvements as hereafter
directed by the City Council
Section 10 The Mayor and City Clerk are hereby authorized
to advertise for bids to construct and install such improvements for
not less than 10 days in the Fort Collins Coloradoan the official
newspaper of the City
Section 11 By reason of the fact that the completion at the
earliest possible date of the improvements described in and contemplated
by this ordinance is necessary to the immediate preservation of the
public health peace and safety it is declared that an emergency exists
and that this ordinance shall take effect upon passage and publication
Section 12 All ordinances or pasts thereof in conflict
herewith are hereby repealed This ordinance shall be recorded in a
book kept for that purposes shall be authenticated by the signatures of
the Mayor and City Clerk and shall be published in the Fort Collins
Coloradoan
Introduced read at length and adopted by the unanimous vote
of all members of the City Council this 9th day of May A D 1952
Mayor
ATTEST
�/
City Clerk
(form of Coupon)
No $25 00
may
On the first day of November A D 19 the City of
Fort Collins Colorado will pay to the bearer
TWENTY—FIVE AND N01100 DOLLAR$
in lawful money of the United States of America at the office of
the City Treasurer in Fort Collins Colorado being six monthsl
interest on its local improvement bond issued for the construction of
local improvements in Consolidated Storm Sewer Improvement District
No 12 in said City provided the bond to which this coupon is
attached shall not have been theretofore paid Attached to bond dated
November 1 1952 bearing
No
(Facsimile Signature)
City Clerk
STATE OF COLORADO )
ss
COUNTY OF LARIMER )
I MILES F HOUSE City Clerk of the City of Fort Collins
do hereby certify and declare that the aforesaid Ordinance consisting
of twelve sections was duly proposed and read at length at a
regular meeting of the City Council held on the 9th day of May
A D 1952 and was duly adopted and ordered published in the Fort
Collins Coloradoan a daily newspaper and official newspaper of the
City of Fort Collins by the unanimous vote of all members of the
City Council as an Emergency Ordinance in accordance with the
provisions of Sections 6 and 7 of Article IY of the City Charter and
thereafter and on to—wit the 13th day of May A D 1952 said
Ordinance No 5 was duly published in the Fort Collins Coloradoan
a daily newspaper in the City of Fort Collins Colorado
IN WITNESS WHEREOF I have hereunto set my hand and affixed
the seal of said City this 13th day of May A D 1952
/ I City C1e�J�