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HomeMy WebLinkAbout045 - 12/19/1925 - RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT NO. 44 r- ORDINANCT M. 1925, BEING AN OP.DINANCE P.TLATI4?G TO TIM, CRgATION AND ORGANIZATION OF SANITARY Sr'M-R DISTRICT NO. 44, PROVIDING FOR TH7 CO^?STRUCTION OF THS IMPROFG'MENTS THEREIN AND AUTHORIZING TIM IS8UANCE OF BONDS TO PAY THM' 00'-T OF CONST^UCTION TRERTOF. Vit,'P.TAS, Under the authority and pursuant to the provisions of Ordinance No. 7, 1921, the City Council on the 17th day of October, A. D. 1925, duly pass3d and adopted a resolution providing for th3 organization of a sanitary saw3r district and designating the boundaries thereof and th3 lots and blocks thar3in, for tha purpose of constructing a sanitary sewer line in a district composed of Lots 1 to 18 inclusive in Sylvan Place Addition to the City of Fort Collins, Colorado; and WIE'AS, On the 31st day of October, A. D. 1925, the City 7ngins3r duly reported to the City Council the estimated cost of the said sanitary sewer and the schedule of asssssments upon the lots and blocks in said sanitary sewer district, and which said report and estimate further described the total aria to be assessed in said sanitary sewer district, consisting of 610185.05 square feat, and the rate of ass3ssrent per square estimated foot of $0.0211215, and the/cost for a lot 50 feet by 65 feet is t68.64 and the estimated cost for a lot 40 feet by 65 feet is $54.92; and vm A.S, Pursuant to resolution, the City Clerk ccused notice thersof to be published in the official newspaper of the City of Fort Collins, for a period as provided by ordinance, and provided in said notice that a hearing would. be had on the 5th day of Deco-ber, A. D. 1925, by the City Council at a regular melting thersof to be held in the Council Chamber in the City Hall in the City of Fort Collins, at the hour of eight o'clock A. M., of said day, for tha purpoa3 cf hearing all complaints or objections that may be rade in writing by any o=3r or owners of real estate to be asses 3d in said Sanitary Sew3r District No. 44, befor3 the final action to be taken on an ordinance creating and organizing said district, and authorizing the improvements to be constructed th3rsin; and -1- TMR^AS, No complaints in writing concerning the proposed i-T rovement have b=?n filed with the City Clark; tharsfors BE IT ORDAINT M BY TRT CITY CO"NCIL OF TF!^ CITY OF FORT COLLINS: Section 1. That pursuant to the terms and r,rovisions of Ordinance No. 7, 1921, being an ordinance relating to local public improvements, there be and hereby is created and organised Sanitary Sewer District No. 44, consisting of all the property in Lots 1 to 18 inclusive in Sylvan Place Addition to the City of Fort Collins, Colorado; and that the work of construction of said improvements in said Sanitary Se;var District No. 44 consist of a main 93war line and branches as per map on file in the office of the City Enginear. Section 2. That pursuant to the requirements of the resolution of the City Council adopted on the 31st day of October, A. D. 1925, due notice was given to the ovners of property to be assessed in Sanitary Se'^sr District No. 44, by due and lawful publication in the Fort Collins Express-Courier, a daily newspaper of the City of Fort Collins, for two successive weeks, once each week, as shown by the proof of publication on file in the office of tha City Clark; vuhich said notice was to the ownars of property to be ass3ss-d in the proposed sanitary Sewer district, hTr31nabove described, the number of installments, the time in which the cost would be payable, the rate of interest on unpaid and dsfsrred installments, the extent of the district to be improved, together with the probable cost per square foot as shown by the estimate of the City Engineer, and the total area of real as a is to be assessed in said Sanitary Sewer District No. 44, and the total cost for a lot 50 fait by 65 feet is u68.64 and the total coat for a lot 40 fast by 65 feat is $54.92; and to the further affect that on the 5th day of Decembsr, A. D. 1925, at the hour of eight o'clock in the forenoon, in the Council Chamber of the City Hall in the City of Fort Collins, the City Cou#oil would hear and consider all complaints and obections that may be made and filed in writing, concerning said proposed improvement by the ovnar of any real estate to be assessed in said proposed district, and all pdrsons interested gin3rally. That the map, plans and specifications and estimate and all proceedings of the City Council in the pr3mises are on file and can be sawn and examined at the City Clerk's office during business hours at any time within said period of thirty (30) days by any person interested. That pursuant to said notice, on the 5th day of D3cembar, A. D. 1925, at the hour of eight o'clock in the forenoon, the City Council proceeded to hear any objections that might have been made and filed respecting said proposed sanitary s3war district, and no objections having been filed, the City Council proceeded to de53rmine it was for the bast interests of the taxpayers in said Sanitary Sewer District No. 44, as wall as the City - f Fort Collins, that Sanitary S3wsr District No. 44 in the City of Fort Collins be created, and providing for the construction of the improvements therein and authorizing the issuance of bonds to pay the cost of the construction thereof. Section 3. The City Council further finds that all the raquiremants of the ordinance respecting the resolutions and notic3s required by the same to be given in respect ther3to before the adoption of an ordinance ordering said improvements, :have b33n observed and complied with in all respects, and it is hereby ordered that the improvements in said Sanitary Sewer District No. 44, as provided for in the map, plans and specifications heretofore adopted by the Qity Council and approved in this ordinance be and are har3by ordered to be constructed. Section 4. For the purpose of pefing the cost of said improvements, bonds of the City of Fort Collins are hereby authhrizsd to be issued by the Commissioner of Finance and Ex-Officio City Treasurer, which said bonds shall bear date at such time as may be fixed by the City Treasurer after the work of improvement has bean comm3nosd in said district, but said date shall be uniform for all bonds issued, and in such form as may be approved by the City Council after submission by the Commissioner of Finance ; said bonds shall bear the nama of Sanitary Saver District No. 44, of the City of Fort Collins, and shall be payable in tan (10) annual installments, ten per cent (100) th3rscf payable in each and every year daring, said period, and shall bear interest at the rate of -3- six (6%) per cent per anmm, payable semi-annually, said int=.rest to be evidenced by coupons attached to the principal bond and attested by the fac simile signature of the City Clerk, which said bonds shall be in denominations of Two ?iundred ($200.oa)Dollars each. Each of said bonds shall be subscribed by the Co:nnissioner of Safety and Ex-Offieio Mayor and attested by the City Clerk with the corporate seal of the City and countersigned by the Com=issioner of Finance and Ex-Officio City Treasurer, and registered with the City Treasurer, and shall be delivered from time to time as required for the payment of the work herein provided. Said bonds shall be redeemable out of the moneys collected on account of asssssments made for said improvements; all moneys collected from said assessments or from the sale of bonds shall be credited to Sanitary Sewer District No. 44, and the funds so collected shall only be used for the payment of the work of construction of said improvements and the interest thereon. Said bonds shall be numbered one to inclusive, and shall be redeemable, commencing one year after date thereof, consecutively and according to number and in order of issuance. Said bonds shall only be issued and delivered by the City Treasurer on estimates and order of the City Engineer, signed and approved by the Commissioner of Safety and Ex-Officio Mayor, when said estimates have bean duly audited and approved by the City Council and ordered paid. 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. Pursuant to the authority and power contained in Section 29 of Ordinance No. 7, 1921, relating to local public improvements, the payment of all the bonds issued in pursuance of this ordinance are hereby gaaranteed by the City of Fort Collins. Said bonds shall be received at par in payment of said improvements. Section 5. Said bonds and the coupons attached thereto shall be in substantially the following form: UNITED STATES OF XCiRICA ST.A71T OF COLORADO CITY OF :SORT COLLINS SANITARY S_rTR DISTRICT NO. 44 No. -4- 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 Dollars in lawful money of the United States, at the office of the City Treasurer of said City, on the lay of , 19 , subject to call and payment, however, at any time prior thereto, as provided in the amendment to Section 1 of Article %VII of the City Charter, pass3d and adopted April 6, 1920, and Ordinance No. 7, 1921, relating to local public improvements, with interest therion from date until payment at the rate of six per cent per annum payable semi-annually on the day of and the day of , at the office of the City Treasurer of the City of Fort Collins, upon presentation and surrender of the annexed coupon 6 as they severally become due. This bond is issued for the purpose of paying the cost of the local im-rovement in Sanitary Sewer District No. 44 by virtue of and in full conformity with the amendment to Section 1 of Article %VII of the City Charter, passsd and adopted April 6, 1920, and Ordinance No. 7, 1921, relating to local public improvements. This bond is payable out of the proceeds and special assessments to be levied upon the real property sit,ats in the City of Fort Collins in said Sanit^ry Sewer District 170. 44, especially benefittad by said improvement, 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 ap?ortione d to said real estate, end to be assessed by an ordinance of said city, said lien having priority over all other liens, sxcspt other bonds heretofore issued by said City, and the lien of general taxis, but payment of said bonds is guarsnteed by the City of Fort Collins as provided by ordinance;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 estimate of the City 7ngineer, and the contract price for said improvement, nor the amount authorized by lea ; and it is further hereby certified and recited that every recairament of law relating to the creation of said Canitary Sewer District No. 44, the making of said local improvement and the issuance of this bond, has been fully complied with by the proper officers of said city, and that all conditions recultsd to exist and all things required to be done precednat to and in the issuance of this bond to render the aaa:e lawful and valid, have happened, and been properly done and performed, and did exist in r�gulnx and due tin—a, form and manrsr as required by law. In Testimony 'mhereof, the said City of Fort Collins has caused this bond to be subscribed by its Commissioner of Safety and rx-Officio Mayor, counter- signed by its Corn-issi marof Finance and Tx-Officio City Treasurer, and attested by its City Clerk under the seal cf said City, and the interest coupons thersto attached, to be attested by the fac simile signature of the City Clerk as of the day of , 19 Commissioner cf Safety and L'x-Officio Mayor COMTi FSIGN=T : Commissiozn r of Finance and ix-Officic City ATTEST: Treasurer. City Clerk. (Form of Coupon) No. $ On the _ day of , 19 , the City of Fort Collins will ay to the bearer Dollars in lawful money of the UnitedStatas; ^t the office of the City Treasurer of Fort Collins, Colorado, being six ronths' interest on its local 1- provement bond dated , 19 , issued -5- for the construction of local improvement known as Sanitary Sewer District W. 44, provided this bond shall not have been heretofore paid. Attached to Bond No. City Clark. Section 6. The Commissioner of F'nance and 7x-Officio City Treasurer is hereby authorized and directed to have printed a suVicient number of bonds of the denomination of Two Hundred ($200.00 yollars each, numbered from one to , J inclusive, as ra.,.-irad to meat the astima`ed cost of said improypvrbt as herein provided, and when said bonds shall have barn duly prepared, they shall be retained by the City Treasurer to be issued and delivered from time to time as harninbefore provided. Section 7. Innever the City Treasurer has funds in his hands to the credit of Sanitary Sewer District 7o. 44, including six months' interest on the unpaid principal, he shall by advertisement once a wade for threa consecutive weeks, in the official newspaper of sail city call in a suitable number of said bonds of said district for payment, and at the expiration of thirty (30) days from the first publication of such notice, interest on the bonds so called shay_. cease. The notice shall specify the bonds so called by number, and all said bonds so issued shall be called and paid in their numerical order. Section 8. Upon the taking effect of this ordinance, the Commissioner of Safety and Fx-Officio Mayor is hereby authorized and empowered to advertise for bids for the construction of said improvements in accordance with the msp, plans and specifications heretofore adopted, which advertisement shall be for not less than tan (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 improvement. After the contract is awarded for construction, the City Council shall require a bond for the faithful performance of same equal to the amount of the full contract price, with sufficient surety or sureties to be approved by tha Commissiors r of Safety and 7x- Officio Mayor, and the work of construction when so awarded under said contract _6- shall be under the general control of the Co^missioner of Public Forks and in the imrsdia'a charge, control and supervision of the City Enginssr, whosa decision in all matters of dispute respecting compliance with this ordinance, and the contract made thsr3undar, and the plans and specifications, shall be final and binding upon all parties th3reto. When said contract is awarded it shall contain a provision to the affect that it is subject to the provisions of the City Charter, and of the laws under which the City of Fort Collins exists, and of Ordinance No. 71 1921, and this ordinance, and that the agreed payment shall not exceed the estimate of the City 77ngina3r and the amount appropriated, and that upon ton days' 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 improvement that the improvement is 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. The City Council shall have the right to reject any and all bids which may b- made by any person or persons, i'irms or corporations, for the construction of said improvements, and when in the judgment of the City Council it shall be deemed to the best intarasts of 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 direction, supervision and control of the COTmissiorB r of Corks and the City Engineer, acting for said City. Section 9. Flan said public improvement in Sanitary Sewer District No. 44 shall have been completed and the same approved by the City Engineer, recommended for acceptancs 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 tha area of all the real =state in the said district, ex- clr�sivs of 17 blic highways, which said assessmsnts when made and reported by the City Engineer and approved by the City Council, shall be assessed against the property in Sanitary S-3war District I'o. 44, by an crdinanca to be adopted as provided by Ordinanc3 No. 7, 1921. -7- Section 10. For the purpose of ^eying for angini3ring and other clerical 3xp3nsas and the cost of inspection, upon the approval of the City Council the Co=issiore r of Safety and !�x-Officio Mayor is authorized to advertise :for not lass than tan (10) days in the official newspaper of said City, and sell as many of said bonds as may be necessary and use the proceeds thereof for said purpose, and in accordance with the rovisions of Ordinance No. 7, 1921. Section 11. This ordinance shall be irrepaalabla until the indebtedness herein provided for, whenever the same shall be created, shall have bean ful .y paid, satiefiad and discharged as herein provided. Introduced, read and ordarad published this 5th day Of 1)3eimber, A. D. lc25. Pas,3d and adopted tc_is 19th day of D3cembsr, A. D. 1925. C as,i her of Sa`at 3 3x-Offic "4aycr ATT 'T City C13rk. STATE OF COLORADO ) SS. COUNTY OF LARI1MR ) I, r. J. ROS-NOTF4 City Clark of the City Of Fort Collins, do hereby certify and declare that the fors oing ordinance, consisting of eleven (11) sections, was duly proposed and read at length at a regular ns 3ting of the City Council held on the 5th day of D3cembsr, A. D. 1925, and was duly ordered by eye and nay vote to be published once in full in the Express-Couriar, a daily newspaper of the City of Fort Collins, in accordance with the _envisions of Section 7 of Article IV of the City Charter; that thereafter, and on, to-writ: the 19th day of December, A. D. 1925, at a ragular m33ting of the City Council, the said ordinance cams b3fora said Council upon its final passage, a period of mor': than ten days having elapsed since its publication as above set forth, and that said ordinance was upon second reading adopted as an ordinance, and thereafter and on, to-wit: the __'# day of Dscamber, A. D. 1925, said Ordinance No. as finally passed and adopted, was duly published in the ^xpress-Cosier, a daily newspaper published in said City of Fort Collins, Colorado. IN VTMTTSS pn 7,-OF I Pave _ereunto set my hand end affixed the seal of said City this ova day of Dsce D. 1925. ` City Clerk.