HomeMy WebLinkAbout026 - 10/28/1922 - RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT NO. 39 (EMERGENCY ORDINANCE) I -
ORDINANCE NO. �2 1922,
BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION AND ORGANIZATION
OF SANITARY SEWER DISTRICT NO. 39, PROVIDING FOR THE CONSTRUCTION OF
THE IMPROVEMENTS THEREIN AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY
THE COST OF CONSTRUCTION THEREOF.
WHEREAS, Under the authority and pursuant to the provisions of
Ordinance No. 7, 1921, the City Council, on the 2nd day of September, A D.
1922, duly passed and adopted a resolution providing for the organization
of a sanitary sewer district and designating the boundaries thereof and
the lots and blocks therein, for the purpose of constructing a sanitary
sewer line in a district composed of the South Half of Block 2, Prospect
Place Addition to the City of Fort Collins, Colorado, and
WHEREAS, On the 23rd day of September, A. D. 1922, the City
Engineer duly reported to the City Council the estimated cost of the said
sanitary sewer and the schedule of assessments upon the lots and blocks in
said sanitary sewer district, and vftich said report and estimate farther
described the total area to be assessed in said sanitary sewer district
consisting of 71550 square feet, and the rate of assessment per square
foot of $ 013285, and the cost for a lot 50t x 1901 is $126 21, and for
a lot 401 x 1501 is $79.71, and
WHEREAS, Pursuant to said resolution, the City Clerk caused
notice thereof 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 28th day of October, 1922, by
the City Council at a regular meeting thereof to be held in the Council
Chamber in the City Hall in the City of Fort Collins, at the hour of eight
otclock A. M., of said day, for the purpose of hearing all complaints or
objections that may be made in writing concerning said proposed improvement
by any owner or owners of real estate to be assessed in said Sanitary
Sewer District No 39, before the final action to be taken on an ordinance
creating and organizing altid district and authorizing the improvements
to be constructed therein, therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That pursuant to the terms and provisions of
Ordinance No. 7, 1921, being an ordinance relating to local public
improvements, there be and hereby is created and organized Sanitary Sewer
District No. 39, consisting of the South Half of Block 2, Prospect Place
Addition to the City of Fort Collins, Colorado, and that the work of con-
struction of said improvements in said Sanitary Sever District No 39
consist of a main sewer line and branches as per map on file in the office
of the City Engineer.
Section 2. That pursuant to the requirements in the resolution
of the City Council adopted on the Rs 23rd day of September, A. D. 1922,
due notice was given to the owners of property to be assessed in said
Sanitary Sewer District No 39, by due and lawful publication in the Fort
Collins Courier, a daily newspaper of general circulation in 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 the City Clerk, which said
notice was to the owners of property to be assessed in the proposed sanitary
sewer district, composed of the South Half of Block 2, Prospect Place
Addition to the City of Fort Collins, Colorado, and designating the kind
of improvement proposed, the number of installments, the time in which the
cost woald be payable, the rate of interest on unpaid and deferred install-
ments, the extent of the district to be improved, together with the probable
cost per square foot as shorty► by the estimate of the City Engineer, and the
total area of real estate to be assessed in said Sanitary Sewer District
No 39, and the cost per square foot, and to the furtner effect that on the
28th day of October, A. D. 1922, at eight o'clock A. M., in the Council
Chamber of the City Hall in the City of Fort Collins, the City Council would
hear and determine all complaints and objections that may be made and filed
in writing, concerning said proposed improvements by the owner of any reel
estate to be assessed in said proposed district. That the map, plans and
specifications and estimate and all proceedings of the City Council in the
premises are on file and can be seen and examined at the City Clerkle
office during ousiness hours at any time with said period of thirty days
by any person interested. That pursuant to said notice, on the 28th day
of October, A. D. 19223, at the hour of eight o'clock A. M , the City Council
proceeded to hear any objections that might have been filed respecting said
proposed sanitary sewer district, and no objections ]aving been filed, the
City Council proceeded to determine that it was for the best interests of
the taxpayers of said Sanitary Sewer District No 39, as well as the City of
Fort Collins, that the period of payment should 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 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 in said sanitary
sever district, as provided for in the map, plans and specifications
heretofore 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 cost of said improvements,
bonds of the City of Fort Collins are hereby authorized 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 Commissioner 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 may
be approved by the City Council, after submission by the Commissioner of
Finance, said bonds shall bear the name of the Sanitary Sewer District No.
391, of the City of Fort Collins, and shall be payable in ten (10) annual
installments, ten per cent (10%) thereof payable in each and every year
during said period, and shall bear interest at the rate of six per cent (60)
per annum, payable semi-annually, said interest to be evidenced by
coupons attached to the principal bond and attested by the fee simile
signature of the City Clerk which said bonds shall be in denominations of
Five Hmdred Dollars ($500.00) each. Each of said bonds shall be subscribed
by the Co-missioner of Safety and Ex Officio Mayor and attested by the
City Clerk with the corporate seal of the City 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 theassessments made for said improvement,
all moneys collected from said assessments or from the sale of bonds shall
be credited to Sanitary Sewer District No 39, 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 from
1 to 2 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
Cm=iesioner of Safety and Ex Officio Mayor, when said estimates have been
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 improvementsp
Pursuant to the power and authority contained in Section 29 of Ordinance No.
7, 1921, relating to local public improvements, the payment of all the
bonds issued in virtue of this ordinance is hereby guaranteed by the City
of Fort Collins.
Section 5. 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 SEVER DISTRICT NO. 39
No J
The City of Fort Collins, in the County of Larimer, and State of
Colorado, for value received, acknowledges itself inddbted 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 day of , 19 , subject to call
and payment, however, at any time prior thereto, as provided in the amendment
to Section 1 of Article XVII of the City Charter, passed and adopted April
4, 1920, and Ordinance No. 7, 1921, relating to local public improvements,
with interest thereon from date until payment at the rate of six per cent
per annmm, payable semi-annually, on the day of
and the day of , at the office of the City
Treasurer of the City of Fort Collins, updni 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
improvement in Sanitary Sewer District No. 39, by virtue of and in hall
conformity with the amendment to Section 1 of Article %PII of the City Chater,
passed and adopted April 4, 1920, and Ordinance No 7, 1921, relating to local
public improvements. This bond is payable out of the proceeds and special
assessments to be levidd upon the real property situate in the City of Fort
Collins in said Sanitary Sewer District No. 39, 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, said lien having priotity over all other liens, except other 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 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 Engineer, and the contract price for said improvements,
nor the amount authorized by law, and it is further certified and re cited that
every requirement of law relating to the creation of said Sanitary Sewer
District No. 39, the making of said local improvement and the issuance of
this bond, has been fully complied wit# 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 laid'uland
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 Commissioner of Safety and Ex Officio Mayor,
attested by its City Clerk under the seal of said City, and the interest
coupons thereto attached, to be attested by the fac simile signature of the
City Clerk, as of the day of , 19 .
Commissioner of Saf ety and Ex Officio Mayor
ATTEST!
City Clerk
(Form of Coupon)
No. $
On the day of m 19 , the City of
Fort Collins will pay to the bearer Dollars
in lawful money of the United States, at the office of the City Treasurer
of Fort Collins, Colorado, being six months' interest on its local
improvement bond dated , 192 , issued for
the construction of the local improvement kno m as Sanitary Sewer District
No. 39, provided this bond shall not have been heretofore paid.
Attached to Bond No
City Clerk
Section 6. The Commissioner of Finance and Ex Officio City
Treasurer 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 2 inclusive, as is required to meet the estimated
cost of said improvement as herein provided, and when said bonds shall have
been duly prepared, they shall be retained by the City Treasurer to be
issued and delivered from time to time as hereinbefore provided.
Section 7. Whenever considered prudent by the City Treasurer,
he is hereby authorized and empowered, whenever funds may be in his
hands to the credit of Sanitary Sewer District No 39, including six
months' interest on the unpaid principal, to advertise for two insertions,
a week apart, 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 said bonds so issued shall be cal]e d and
paid in their numerical order.
Section B. Upon the taking effect of this ordinance, the
Commissioner of Safety and Ex Officio Mayor is hereby authorized and
said
empowered to advertise for bids for the construction of./improvements
in accordance with the map, plans and specifications heretofore adopted,
which advertisement shall not be less than ten (10) days in the daily
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 Yngineerts 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 the same of not less than twenty-five
per cent of the contract price, with sufficient surety or sureties to be
approved by the Commissioner of Safety and Ex Officio Mayor, and the work
of construct when so awardefl under said co act shall be under the
general control of the Commissioner of Public Works and in the immediate
charge, control and supervision of the Citt 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 upmn 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 City Charter, and of the laws under which the City of Fort Collins
exists, and of Ordinance No. 70 1921, and this ordinance, and that the
agreed payments shall not exceed the estimate of the City Engineer and
the amount appropriated, and that upon ten dayst notice, the work under
said contract, without cost or claim against the City of Fort Collins, may
cause
be suspended for substantial/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 mare 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 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 said City of Fort Collins, the
said City Coi.ncil 1s 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 Commissioner of Works and the City Engineer, acting for the
City
Section 9 When said public improvement in Sanitary Sewer
District No. 39 shall have been completed and the same approved by the
City Engineer, recommended for acceptance by said officer, and drily
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 public highways, Which said
assessments when made and reported by the City Engineer and approved by
the City Council, shall be assessed against the property in Sanitary
Sewer Distric. No 39, by an ordinance to be a .pted as provided in
Ordinance No. 7, 1921.
Section 10, For the purpose of paying for engineering and other
clerical expenses and the cost of inspection, upon the approval of the
City Council, the Commissioner of Hafety and Ea Officio Mayor is authorized
to advertise for not less than ten (10) days in the official newspaper
of said City, and sell as many bonds as may be necessary and use the
proceeds thereof for said purpose, and in accordance with the provisions of
Ordinance No 7, 1921.
Section 11. This ordinance shall be irrepealable until the
indebtedness herein provided for, whenever the same shall be created,
shall have been fully paid, satisfied and discharged as herein provided.
Section 12. In the opinion of the City Council an emergency
exists for the preservation of the public health, peace and safety, and
this ordinance shall take effect upon its passage and publication under
and by virtue of the authority contained in Sections 6 and 7 of Article
IV of the City Charter.
Introduced, read at length and adopted by the unanimous vote of
all the members of the City Council this 28th day of October, A. D. 1922.
mmiesioner of Safety d Ex Officio
Mayor
ATTEST'
City Clerk
STATE OF COLORADO )
) SS.
COUNTY OF IA RROER )
I, A. J. ROSENOW, City Clerk of the City of Fort Collins
do hereby certify and declare that the foregoing ordinance, consisting
of twelve (12) sections, was duly proposed and read at length at a
regs]a r meeting of the City Council held on the 28th day of October,
A. D. 1922, and was duly adopted and ordered published in the Fort
Collins Courier, a daily newspaper and the official newspaper of the
City of Fort 8bllins, by the unanimous vote of all members of the
Council, as an emergency ordinance, in accordance with the provisions
of Sections 6 and 7 of Article IY of the City Charter, and thereafter,
on towit the r:x12: day of , A D. 1922, said Ordinance No.
,6 . was duly published in the Fort Collins Courier, a daily
newspaper published in the City of Fort Collins, Colorado.
IN WITNESS WMREOF, I have hereunto set my hand and affixed
the seal of said City, this C2-n4 day of y A. D. 1922,
City Clerk.