Loading...
HomeMy WebLinkAbout009 - 04/24/1958 - RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT NO. 52 r ORDINANCE NO 9 , 1958 RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SERVER DISTRICT NO 52, PROVIDING FOR ThE CONSTRUCTION OF IMPROVEMENTS THEREIN, AiM 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 February 13, 1958, 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 c 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 52, comprising an area described as follows, to-wit Lots 1, 2 and 4 to 14 inclusive in Block 1, and Lots 1 to 14 inclusive in Block 2, all in Steele 's Subdivision of Tract 5 of Emigh' s Subdivision of the S2 of the SFr,- of Section 14, Township 7 North, Range 69 West of the 6th P M , all of which is in the City of Fort Collins Section 2 That the said petition prayed for the improve- ments of the said district by construction of a sanitary sewer line in the area within the following described boundary lines, to-wit Lots 1, 2 and 4 to 14 inclusive in Block 1, and Lots 1 to 14 inclusive in Block 2, all in Steelels Subdivision of Tract 5 of Emights Subdivision of the S2 of the SEA of Section 14, Township 7 North, Range 69 West of the 6th P M , all of which is in the Citv 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 186,2�4 75 square feet, and the rate of assessment per square foot as $p0 02581, and the cost of a lot 50 by 140 feet as �181 37 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 13th day of February, A D 1958, 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 installments, 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 27th day of March, A D 1958, at .. 2 . 1 30 o1clock 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 objections that might be made and filed in writing concerning the proposed improvements by the owners of any real estate to be assessed, that in pursuant of the said notice, the said City Council did sit to hear the complaints at said meeting held on the 27th day of March, A D 1958, at 1 30 o' clock P M i and that no complaints in writing concerning the proposed improvements had then and there been filed with the City Clurk. Section 4 The City Council finds that all the require- ments 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 525 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 $4,807 75 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 1958, and in such form as may be approved by the City Council after submission by the Director of Finance, said bonds shall bear the narie of Sanitary Sewer District No 52 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 - 3 - principal bond and attested by the facsimile signature of the City Clerk, which said bonds shall be in denominations of Two Hundred ($200 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 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 redeemable 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 52, 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 costs Said bonds shall be numbered from one to ttwentyT2Jva 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, 1921, relating to local public improvements, as amended All assessments made in pursuance of this 4 .4 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 assess- ing ordinance hereafter to be adopted, constitute a perpetual lien on a parity with the tax lien for general State, County, C_tty,Trawn 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 SEVIER DISTRICT NO 52 No The City of Fort Collins, in the County of Larimer, and State of Colorado, for value received, acknowledges itself indebted and hereb promises to pay the bearer hereof, the sum of Two Hundred ( 200 00) Dollars in lawful money of the United States , at the office of the Director of Finance of said City, on the 1st day of November, 1968, 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 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 they severally become due, This bond is issued for the purpose of paying the cost of the local improvements in Sanitary Sewer District No 52, 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 Ao 52, 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, - 5 " 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 further hereby certified and recited that every requirement of law relating to the creation of said Sanitary Sewer District No 52, 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 faQgimj @ signature of the City Clerk as of the lst day of November 1958 liayor COUNTERSIGNED Director of Finance ATTEST City Clerk (Form of Coupon) No. $6 00 On the day of $19 , the City of Fort Collins w 11 to the bearer Six TTD 0 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, 1958, issued for the constructiomi of the local improvements known as Sanitary Sewer District No 52, s provided this bond shall not have been heretofore paid Attached to B and No City Clerk � 6 - Section 7 The Director of Finance is hereby authorized and directed to have printed a sufficient number of bonds of the denomination of Two Hundred (4f200 00) Dollars each, numbered from 1 to 25, 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 hereinbef ore 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 52, 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 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 Jor 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 . 7 m Manager alone and in the immediate charge, control and supervis- ion 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) dayst 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 lNhen the local improvements in Sanitary Sewer District No 52 shall have been completed and the same approved by 8 r 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 Sanitary Sewer District No 52 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 27th day of March, A D 1958, and to be presented for final passage on the 24th day of April, A D 1958 "VY , Mayor ATTEST 7 City Clerk Passed and adopted on final reading this 24th day of April, A D 1958 Mayor ATTEST 7�,� I City Clerk - 9 -