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HomeMy WebLinkAbout005 - 08/17/1951 - CREATING AN IMPROVEMENT DISTRICT TO BE KNOWN AS CONSOLIDATED STORM SEWER IMPROVEMENT DISTRICT NO. 10 ORDINANCE NO 5* 1951 AN ORDINANCE CREATING AN IMPROVEMENT DISTRICT IN THE CITY OF FORT COLLINS, COLORADO, TO BE KNOWN AS CONSOLIDATED STORM SEWER IMPROVEMENT DISTRICT NO 10, ORDERING THE CONSTRUCTION THEREIN OF STORM SNIPER IMPROVEMENTS, PROVIDING FOR THE ISSUANCE OF BONDS OF THE DISTRICT IN PAYMENT FOR SAID IMPROVEMENTS, AND DECLARING AN EMERGENCY WHEREAS, The City Council of Fort Collins, Coloradog pursuant to the provisions of Ordinance No. 7* Series of 19219 and upon the requisite petitions subscribed by the owners of not lees 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. 10, 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* plane, specificationst approximations of costs 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 on the 13th day of duly, A D. 1951* the report so made and filed by said City Engineer was adopted* and the said reports together with details, specifications, estimates, mapes and schedules, was approved and adopted by said City Councill and WHEREAS, by said resolutions the said City Council directed the City Clerk to publish in the Fort Collins Colorad.oans the official newspaper of said City* notice of a proposition to create said Districts and that on August 17, 1951, at 1 30 otclock P M , all complaints and objections that might be made in writing concerning the proposed improvements by the owner or owners of any real estate to be assessed, or any person or persons interested generallyp would be heard and determined by the dity 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 notice proposed= and MHEMS, the City Clerk, by advertisement for a period of more than two (2) weeks prior to the said 17th day of August, A. D. 1951, 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 VEEMS, 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 a protest in petition form signed by property owners of 151 properties in the district was presented, and WHEREAS, the City Council is now of the opinion that Consolidated Storm Sewer Improvement District No 10 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 sever 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 followst Commencing at the northwest corner of Block 7 of Craft's Eesubdivision of the Lske Park Addition, thence south to the northwest corner of Block 2 of L. C Moore's First Additions thence west to the northwest corner of Block 1 L C, Moorels First Addition► thence south to the southwest corner of G F, Wiard's Additions thence east to the southwest corner of Block 6 of L. C. Moore's Second Addition, thence south to the southwest corner of Block 1 of I C. Bradleyls Addition, thence east to the southeast corner of Block 2 of I. C. Bradleyts Addition, thence north to the southeast corner of Lot 10 in Block 7 of L. C Moore's Second Addition, thence east to the southeast corner of Circle Drive Subdivision of L. C Moore's Third Addition, thence north to the north— east corner of Block 12 of Craft's Eesubdivision of Lake Park Addition. thence vest to point of beginning, all in the City of Fort Collins, Colorados 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, 10, Section 4 The construction and installation of the storm sever improvements in and for said District, as shown by the planes specifications and maps thereof, prepared by the City Hhgineer and approved 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 Districts In an amount not to exceed the cost of said improvementes including engineering, inspections other incidental expenses and interests as in said Ordinance No 7, provided. Section 6. The said bonds shall be dated November 19 19519 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 provided, shall be subscribed by the Mayors 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 said improvements, and shall bear interest at the rate of six per cent (6%) per annums payable semi-annually. Said coupons shall be signed with the facsimile signature of the City Clerk Said bonds shall be in the denomination of One Thousand 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 Pngineers approved by the City Council, and shall be sold to pay 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 COIORADO COUNTY OF LARIMER CITY OF FORT COLLINS CONSOLIDATED STORM SEVER IMPROYEM T DISTRICT NO. 10 No $1000.00 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 ONE THOUSAND DOLLARS in lawful money of the United States of America, on the first day of November, A. D 1961, 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, as evidenced by and upon presentation of the annexed coupons as they severally 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 Sewer Improvement District No. 10, in said City, by virtue of and in full 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 lave 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 Tort Colline, Colorado, in said Consolidated Storm Sewer Improvement District No 10, specially benefited by said improvements, which assessments, with accrued interest, are by law 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 exceeO the amount authorized by law, that every requirement 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 thin bond to render the same lawful and valid have happened, been properly done ana performed and did exist in regular and due time form and manner as required by law For the 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, counter9igned 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 lot day of November A D 1951 Mayor COUNTERSIGNED ( S E A L ) City Treasurer ATTEST City Clerk (form of Coupon) No $30.00 may On the first day of November, A D 19 , the City of Fort Collins, Colorado, will pay to the bearer THIRTY AND 110/100 DOLLARS in lawful money of the United States of America, at the office of the City Treasurer, in Fort Collins, Coloradop being six months; interest on its local improvement bond issued for the construction of local improvements in Consolidated Storm Sewer Improvement District No 10, in said City, provided the bend to which this coupon is attached shall not have been theretofore paid. Attached to bond dated November 1, 1951, bearing No (Facsimile Simnature) City Clerk Section 9. The City Clerk is hereby authorised 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 is payment of the cost of said improvements, as hereafter directed by the City Council. Section 10. The Mayor and City Clerk are hereby authorised to advertise for bids to construct and install such improvements, for not lees 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 parts thereof, in conflict herewith are hereby repealed This ordinance shall be recorded in a book kept for that purpose, 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 17th day of Au&st, A D. 1951 Mayor l ATTEST: City Clerk STATE OF COLORADO ) ) a8 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 17th day of August, A.D 1951, 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 IV of the City Charter= and thereafter and on to—wit the 21st day of August, A D 1951, said Ordinance No. 5 was duly published in the Fort Collins Coloradoan, a daily newspaper in the City of Fort Collins. Colorado. IN [FITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City. this 21et day of August A.D 1951. City Clerk