HomeMy WebLinkAbout043 - 11/28/1925 - RELATING TO THE CREATION AND ORGANIZATION OF WATER MAIN DISTRICT NO. 5 (EMERGENCY ORDINANCE) ORDINANCE. NO. 040 1925,
BEING AN FMSRWRITCY ORDIR'ANCT RELATING TO THT CREATION AND ORGANIZA.TIO„ OF
WITFR MXN DISTRICT N0. 5, IN TFE CITY OF FORT COLLINS PR04IrING FOR '7t
C07STRUCTIO?? OF TAt. I".PRO77=5 TH`:fiTIN AT_TD ANT'ORIZT'.'G TF^ IS�IIA'.'CE OF
BONDS TO PAY TF^ CO"T OF CON^ =TION TL r?OF.
MRrAS, Under the authority and pursuant to the provisions of
Ordinance No. 7, 1921, as amended by Ordinance 7o. 13, 1924, the City
Council on the loth dity of October, A. D. 1925, duly passed and adopted a
resolution providing for the organization of a water main district and
designating the boundaries thereof and the lots and blocks th3r3in, for the
purpose of constructing water mains with laterals th3r3from in a district
composed of Blocks 1, 2, 3 and 4, Babbitt's Addition to the City of Fort
Collins, Colorado, and
VWRTAS, On the 21st day of October, A. D. 1925, the City Engineer
duly reported to the City Council map, plans, specifications and estimated
cost of th3 construction of water mains for the proposed district, and the
schedule of assessments upon the lots and blocks in said water main district,
and which said report estimated the total cost to be $5611.03, and described
the total frontage to be ass3s:;ed in said water main district consisting of
3614.92 feet, and the ra*a of assissmant par front foot of $1.55219, and the
cost for a fifty foot lot frontage is $77.61; and
r.1MREAS, On the 21st day of October, A. D. 1925, the City Council
duly passed and adopted a resolution adopting the said report, map, plans,
specifications, details and estimate of the City Engin33r, and aut`.crized
the publication of notice to the owners of all real estate in the proposed
district, and to all persons interest3d generally, fixing the time of hearing
v1Y.en the City Council would consider the ordering by ordinance of the
proposed improvements; and
?HEREAS, Pursuant to said resolution, the City Clerk caused notice 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
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would be had on the 28th day of November, A D 11-25 by the City Council at a
regular m-ating thereof to Is neld in the Cournil Chamber in the City Hall in
the City of Fort Collins, at the hour of eight o'clock A 14 of said day, for
the purpose of hearing all co-rplairts or objections tha may ba trade in writing
concerning the proposed improvements by any oirners of real estate to be
assessed in said Water Wain District No 5 or any parsons interested before
the final action to be taken on an ordinance creating and organizing said
district and authorizing the improvements to be constructed therein and
THEREAS, No complaints or objections have been made or filed
concernirg the proposed improvements therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT`' OF FOPT COLLINS
Section 1 That pursuant to the terms and provisions of Ordinance
No 7, 1921, as amended by Ordinance No 13, 1924, being an ordinance relating
to local public ir-D rovements, there bar and hereby is creatad and organized
Water I+Fain District No 5 consisting of Blocks 1 2, 3 and 4, Babbit 'a
Addition to the Citv of Fort Collins, Colorado, and tha the work of
construction of said improv,msnts in said Water Main District No 5 consist
of water mains and laterals as Der map on file in the office of the City
Engineer
Section 2 That pursuant to the requirements in the rasolt.tion of
the City Courell adopted on the 21st day of October A D 1925 due notices
was given to the owners of property to be assessed in said Water Main
District No 5 by due and lawful publication in the official newspaper of
the City of Fort Collins, to-wit the Fort Collins rxDress-Courier a daily
newspaper of general circulation in the City of Fort Collins, for two weeks,
once each week, as shorn by the proof of publication on file in the office
of the City Clerk which said notice was to the owners of property to be
assessed in the proposed water main district composed of Blocks 1 2 3 and 4
Babbitt's Addition to the City of Fort Collins Colorado and to all persons
interested gen-ral�y and designating the kind of improvement proposed the
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numb r of installments, the time in Ahich the cost would b e payable, the rite
of interest on mpaid and deferred installments, the extent of the di trict to
be i*rproved and ass-esed, together with the probable cost as shown by the
esticrats of the City Engineer, and the total frontage of real estate to be
as essed in Mter ,lain District No 5, and the cost per front foot, and to
the further effect that on the 28th day of Novemb r A D 1025, at eight
o' clock A IvI in the Council Chamber of the City Hall in the City of Fort
Collins, the City Council wow.ld consider the ordering by ordinance of tYe
proposed improvements and hear and determine all complain s and objections
that may be Trade and filed in writing concerning said proposed improvements
by the owner of any real estate to be assessed in said proposed district, or any
peraons interested and that the map, plans and specifications and estumte
and all proceedings of the City Council in the premises are on file and can be
seen and sxar+ined at the City Clerk's office during business hours at any time
within said period (being not less than thirty days) by any person interested
That pursuant to said notice, on the 28th day of November A D 1925, at th-
hour of eight o' clock A M the City Council proceeded to hear any objections
that might have been filed respecting s id prop^sed water main district, and no
complaints or objections having been made or filed, tYe City Council proceeded
to determine that it was for the best interests of the taxpayers of slid
Wa er Rain District No 5 as wall as the City of Fort Collins, that the
period of payment shouBi be ten years in ten annual payments
Section 3 The City Council further finds that all requirements of the
ordinance respecting the resolutions, and notices required by the same to ba
given in respect tba reto before the adoption of an ordinance ordering said
improvements, have been observed and complied with in all r-spects, and it is
hereby ordered that th- improvements in said water main district as provided
for in the rap., plans and specific tions h-retofore adopted by the City
Council and approved in this ordinance be and are hereby ordered to be
constructed
Section 4 For the purpose of paying the comet of said improvements
bonds of the City of Fort Collins ar- hereby authorized to be issued by the
Commissioner of Finance and Ex-Offieio City Treasurer which said bonds shall
bear date at such time as may be fixed by the Commissiorer of Finance after the
work of improvement has been commenced in said district but said date shall
be uniform for all bonds issued, and in such form as -nay be approved by the
City Council, after submission by the Commissioner of Finance said bonds shall
bear the name of Neater Min District No 5, of the City of Fort Collins and
shall be payable in ten (10) annual installments, ten per cent (lOn) thereof
psZm ble in each and every year during said period, and shall bear interest at
he rate of six per cent (60) per annum, payable semi-annually, said interest
to be evidenced by coupons attached to the grin ipal bond and a*tea ed by the
fac simile signature of the City Clerk which said bonds shall be in
denominaticis of Five Hundied ($500 oo) Dollars each Each of said bonds
shall be subscribed bj the Commissii-nsr of Safety and Ex-Offieio Mayor and
attested by the City Clerk with tie corporate seal of the City and count-r-
signed by the Commis lone r of F nance and Ex-Officio City Treasurer, and
registered %pith the City Treasurer and snall be deliv-red from time to tima
as required for the payment of tre work herein puvided Said bords stall be
redeemable out of the moneys collected on account of as essmants ^ade for
said improvemerts all moneys collet ed from said assessments or from the
sale of bonds shall be creditad to {'Dater main District No 5 and he funds
so collected shall only be used for the payment of the work of cons ruction
of said improvements and the interest thereon Said bonds shall be numbered
from 1 to / � inclusive, and shall be redeemable com*ercing one year after
date thereof, consecutively, and according to mmber and in order of issuance
Said bonds shall only be issued and deliv red by the City Treasur-r on estimates
and order of the City Fngineer signed and approved by the Commissioner of S.-fety
and Ex-Officio Mayor when said estimates have be-n 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
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call and payment at L time prior th reto as provides in Ordinance No 7, 1921,
relating to local public improvements Pursuant to the authority and po+var
contained in Section 29 of Ordinance No 7, 1921, as amended by Ordinance do
13, 1024, relating to local public improvements, the paym-nt of all tb- bonds
issued in pursuance of this ordinance is hereby guaranteed 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 attanh-d thereto arall be in
substantially the following form
U1%TITPD STATES OF APEPICA
STAT,r OF COLORADO
CITY OF FORT COLLINS
FATER 1UIN DISTRICT NO 5
No
The City of Fort Collins, in the County of Larimer and State of
Colorado, for value received, aekrowledges 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 tn- City Treasurer of th- said City on the
day of , 19 subject to call and payment, hom ver at any
tine prior thereto, as provided in the amendment to Section 1 of Article XVII
of the City Chart-r passed and adopted April 6, 1920 and Ordinance No 71 1921,
relating to local public improvements This bond is payable out of the proeac.de
and special ass-ssmsnts to be levied upon the real property situate in the City
of Fort Collins in said Water Main District No 5 especially bensfitted by said
improvement, and the amount of the assessment so to be Trade upon the real estate
in said district for the payment th reof, 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, said lien having
priority over all other liens except otn r bonds heretofore issued by said city
and the lien of general taxes, but payment of said bonds is guaranteed by the
City of Fort Collins as provided br ordinance, and it is h-reby certifi-d and
recited that the total issue of bonds of said city for said district, including
to s bond, does not exceed the estimate of the City -.nginear and the contract
price of said improv-ment nor the amount authorized by law and it is furth-r
h raby c=rtified and recited that every requirement of lai relating to the
creation of said Seater Main District No 5, the making of said local improvement
and the issuance of this bond has been fully complied with by the propar
officers of said city and that all conditions required to exist and all thi^gs
required to be dons prec-dent to and in the issuance of this bond to render the
same lawful and valid, have happened, and been properly done and Aerfon-ad, and
did exist in r-gular and due time, form and mann3r as recurred by law
In Testimony Wh reof, the said City of Fort Collins has caused this bond
to be subscribed by it, Commission-r of Safety and Ex-Officio Mayor counter-
signed by its Commissioner of Finance and Ex-Officio City Treasurer and
attestad by its City Clark under the seal of said city and the inter-st
coupons th-reto atta caed to be a ested by the fac simile signature of the
City Cl-rk as of the day of 19
Commbssioner of Safety and Ex-Officio Mayor
Countsrsign3d
Comr_ission r of Finance and Ex-Officio City
Treasurer
ATTEST
City Clerk
(Form of Coupon)
No $
On the day of , 19_, the City of Fort Collins, will
pay to the barer Dollars in lavfAl money of the United States,
at the office of the City Treasurer of Fort Collins, Colorado, b-ing six -non*hs'
interest on its local improvement bond dated lg
'
issued for the construction of the local improvement known as Mter Main DistrTUr—
No 5, provided this bond shall not nave been her-tofore paid
Attached to Bond No
City CIvrk
Section 6 The Commissioner of Finance and Lx-Of icio City Treasurer is
hereby authorized and directed to have printed a sufficient number of bonds of the
denoTm-ation of Five Hundred ($500 oo) Dollars each ni.mbared fron I to -Z-�
inclusive as is required to meet the estimated cost of said improvement as herain
provided and when said bonds shall have been duly prepared th-y shall be retained
by the City Treasurer to be issued and delivered from time to time as hsrpinb�fore
provided
Section 7 Men-ver the City Treasurer has funds in his hands to the
cr-dit of Water Main District No 5 including six months' interest on the
consecutive
unpaid Drincipal, he shall by advertisement once a week for three/%wseks} in the
official newspaper of said City call in a suitable numb r of said bonds of said
district for payment, and at the expiration of thirty (30) days from th- first
Dublication of such notice, interest on th- bonds so called shall case The
notice shall specify the bonds so called by number, and all said bonds so issu-d
shall be called and paid in their numerical order
Section 8 Upon the taking effect of this ordinance th- Commissioner of
Safety and Ex-Officio Mayor is hereby authorized and empox-red to adv rtise for
bids for the construction of said improvements in accordance with the map plans
and specifications h-retofore adopted mnich advertisement shall be for not less
than ten (10) days in the official newspaper published in the City of Fort
Collins and all bids r-ceived under said advertisement shall b- submitted to the
City Council for approval or rejection and no contract shall be awarded in
excess of the City Engineerts estimate of the cost of said improvement After
the contract is awarded for construction, the City council shall reauire a bond for
the faithful performance of same equal to the amount of th- full contract price
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with sufficient sur ty or sure ips to be approved by the Commissioner of Safety
and "x-Officio Mayor and the work of construction vuhan so awarded undar said
contract shall be under the general control of the Commissioner of Public "orks and in
the immediate charge, control and supervision of the City Engineer, whose decision
in all matters of dispute respecting compliance Kith this ordinance and the contract
made tl^-rsunder, and the plans and specifications, shall be final and binding uvon all
parties thereto When said contract is awarded it shall contain a provision to the
effect that it is subject to thepuovisions of the City Charter, and of th- laws under
Which the City of Fort Collins Pxists, and of Ordinance No 7 1921, and this
ordinance and that the agreed payments shall not exceed the estimate of tha City
Engineer and the amount appropriated and that upon ten days' notic the work under
said contrac` without cost of claims against the City of Fort Collins may be
suspended for subs antral cause, and upon complaint of any ovvner of real estate to
be assessed for the improvement that the improvement is nct beirg constructed in
accordance with the contract, then the City Council may consider the complairt 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 be •nade by any person
or persons, firms or corporations for the corstraetion of said improvements and
%hen in the ,judgment of the City Council it shall be deemed to the best interests
of said City of Fort Collins tYs said City Council is h3reby authorized and
empowered to provide for doing such i4rk by hiring parties by the day and to
arrange for purcIn sing the necessary materials to do such work under the direction,
supervision and control of the Comnissiorar of l,7orks and the City Engin-er, acting
for said city
Section9 When said public improvement in Neater Main District No 5
hall have been completed and the same approved by he City Engineer recommended
f6r acceptance by said officer and duly accepted by the City Council of the City
of Fort Collins, the cost thereof shall he assessed gpon all the real estate in
said district as the frontage of each piece of real estate in said district is to
Vie frontage of all the real estate in the said district exclisive of public ig'nways
which said assr-ssmsnts when made and reported by the City Engineer and approved by
the City Council shall be assessed against th3 property in liter 4ain District No 5
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by an ordinance to be adopted as provided by Orrlinanc- No 7, 1921
Section 10 For the purpose of paying for engin=ring and other
clerical axnanses and th- cost of inspection, upon the approval of the City
Council the Commissioner of Safety and Ex-Officio Mayor is authorized to adv rtise
for not less than t-n (10) days in th(- official newspaper of said City and sell
as nany of said bonds as may be necessary and use the proceeds thereof for said
purpose and in accordance with the provisions of Ordinance Zo, 7, 1921
Section 11 This ordinance shall be irrepealable until the irdebtedness
herein provided for, whenever the same srall be crea ad shall have been fully paid
satisfied and discharged as herein provided
S-ction 12 In the opinion of the City Council an -mergency 94ists
for th- preservation of the public health, peace and szfoty and this ordinance shall
take effect upon fts passage sad publication and-r and by virtue of the authority
contained in S?ctions 6 and 7 of Article IV of the City Chart-r
Introduc-d read at length and adopted by th- unanim-us vote of
all tTie m=mb rs of th- City Council t h day of November A D 1Q25
Commission-r of Safes nd Ex-Off i Mayor
ATTEST
e po�'
City Clerk
STATE OF COLORADO )
) SS
COUNTY OF LARIPF'TT )
I A J ROS7'TTOW City Clerk of the City of For Col ins do
h raby certify and d-clara that the foregoing ordinance cops sting of twelve (ld)
sections vas daly proposed and read at length at a regular m- ting of the City
Coi.ncil h-ld on the 2Bth day of November, A D 1925 and was duly adopted and
ordered pL-blisl-ed in the Fort Collins Exor-ss-Couri-r a daily nevspaper and the
official newspaper of the City of Fort Collins, by the unanimous vot- of all
m-mbers of the Council, as an am,rg-ncyordinance in accordance with the provisions
of Sections 6 and 7 f Article IV of the City Charter and t roafter, on to-gat
he /fit day of p` " A D 1925 said Ordinance No was di.ly published
in the Fort Collins Express-Courier a daily newspaper published in tre City of
Fort Collins Colorado
IN WITNFSc;WIPREOF I gve hgP unto set my hand and affixed the
seal of said City this �� day of r A D 19
City Clerk