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HomeMy WebLinkAbout018 - 06/12/1958 - CREATING AN IMPROVEMENT DISTRICT TO BE KNOWN AS CONSOLIDATED STORM SEWER IMPROVEMENT DISTRICT NO. 13 ORDINANCE NO 18 , 1958 AN ORDINANCE CREATING AN IMPROVEMENT DISTRICT IN THE CITY OF FORT COLLINS, COLORADO, TO BE KNOWN AS CONSOLIDATED STORM SEDER IMPROVEMENT DISTRICT NO 13, ORDERING THE CONSTRUCTION THEREIN OF STORM SENER IMPROVEMENT, PROVIDING FOR THE ISSUANCE OF BONDS OF THE DISTRICT TO PAY THE COST OF IMPROVEMENTS THEREOF 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 13, 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 Clerlr of said City all the maps and certificates of his survey, as well as schedules, plans, specif- ications, 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 on the lst day of May, A D 1958, 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 22, 1958, at 1 30 o 'clock P M , all com- plaints 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 generally, would be heard and determined by the City 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 WHEREAS, the City Clerk, by advertisement for a period of more than two (2) weeks prior to the said 22nd day of May, A D , 1958, 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 improve- ments 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 13 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 the sewer pipe in the approximate quantities and sizes$ described in said notice of the proposal to create laid ]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 Begin at the4 corner common to Sections 13 and 24, both in Township 7 North, Range 69 West of the 6th P M , and run thence Westerly, along the North line of th4 Northwest 4 of said Section 24, 1616 15 feet, more or less, to a point 30 feet Northerly from the Northeast corner of Block 2, Person Subdivision of a portion of said Section 24s thence Southerly, along the East line of said Block 2, Person Subdivision, 330 feet, thence Westerly 35 feet, to the Northeast corner of Lot 7, said Block 29 Person Subdivision, thence Southerly 250 feet, to the Northeast corner of Lot 18, in said Block 2, Person Be-Subdivision, thence Westerly 60-feet thence Southerly 82 feet, to the South line of the North 1 of the Northwest 4 of the Northwest 4 of said Section 24, thence Westerly, along the South line of the North a of the Northwest 4 of the Northwest 4 of said Section 24, 925 feet, more or less to the West line of the Northwest 4 of the Northwest 4 of said Section 24, thence Southerly, along the West line of the Northwest 4 of the Northwest 4 of said Section 24, 662 feet, more or less, to the Southwest corner of the Northwest 4 of the Northwest 4 of said Section 24, thence Easterly, along the South line of the North 2 of the Northwest 4 of said Section 24, 2636 3 feet, more or less, to the Southeast corner of the Northeast 4 of the Northwest 4 of said Section 24, thence Northerly along the East line of NE 4 of NW4 of said Section 24, 1322 feet, more or less, 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 13 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 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 authorised and ordered Section 5 By virtue of and in pursuance of the afore- said Ordinance No 72 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, 19589 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 Mayor, countersigned by the Director of Finance, 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 annum, payable semi-annually Said coupons shall be signed with the facsimile signature of the City Clerk Said bonds shall be in the denomination of Five Hundred Dollars ($500.00) 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 Director of Finance 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 pay the cost of the improvements specified herein The Director of Finance 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 LARIMER CITY OF FORT COLLINS CONSOLIDATED STORM SENER IMPROVEMENT DISTRICT NO 13 No $500*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 FIVE HUNDRED DOLLARS in lawful money of the United States of America, on the First day of November, A D 1968, subject to call and payment, however, at any time prior thereto, with interest thereon from date until pay- ment, 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 Director of Finance 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 13, 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 laws of said City prior to the issue hereof This bond is payable out of the proceeds of special assess- ments to be levied upon real estate situated in the City of Fort Collins, Colorado, in said Consolidated Storm Sewer Improvement District No 13, 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 exceed 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 this bond to render the same lawful and valid, have happened, been properly done and 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, countersigned by the Director of Finance, attested by thia 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 1958. l �— � r � _ Mayor--r---�— �'✓ -- COUNTERSIGNED Director of 11inance ( S E A L ) ATTEST City Clerk (form of Coupon) No $15 00 May On the First day of November, A D 19 , the City of Fort Collins, Colorado, will pay to the bearer FIFTEEN AND N0/100 DOLLARS in lawful money of the United States of America, at the office of the Director of Finance, in Fort Collins, Colorado, being six monthst interest on its local improvement bond issued for the construction of local improvements in Consolidated Storm Sewer Improvement District No 13 , in said City, provided the bond to which this coupon is attached shall not have been theretofore paid Attached to bond dated November 1, 1958, bearing No (facsimile signature) ' City Clerk Section 9 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 30, 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 10 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 Consolidated Storm Sewer Improvement District No. 13, 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 11. 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 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 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 laws 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 thelwork 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 moneyp 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 12 When the local improvements in Consolidated Storm Sewer Improvement District No 13 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 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 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 Consolidated Storm Sewer Improvement District No 13 by an Ordinance to be adopted as provided by Ordinance No 7, 1921, as amended Section 13 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 22nd day of May, A D 1958, and to be presented for final passage on the 12th day of June, A D 1958 ay or ATTEST city cleric Passed and adopted on final reading this 19th day of June, A D 1958 %�,�Pw.✓DIY _� Mayor ATTEST C ty Clerk