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HomeMy WebLinkAbout001 - 01/07/1922 - RELATING TO THE CREATION AND ORGANIZATION OF STORM SEWER DISTRICT NO. 6 (EMERGENCY ORDINANCE) i�. . 79�� ORDINANCE NO 1 19d2, BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION AND ORGANIZATION OF STORM SEWER DISTRICT NO 6, IN THE CITY OF FORT COLLINS PROVIDING FOR THE CONSTRUCTION OF THE IM- PROVEMENTS THEREIN AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF THE CONSTRUCTION THEREOF WHEREAS, Under the authority and pursuant to the provisions of Ordinance No 1, ltial, the City Council, on the 21st day of February, A D 19Z0, duly passed and adopt- r�► ed a resolution providing for the organization of a storm ` sewer district , and designating the boundaries thereof and the lots and blocks therein, for the purzose of constructing. a storm sewer line in said district, and WHEREAS, Thereafter the special engineer, R W Gelaer, assisting the City Engineer and t,ommissioner of Works duly reported to the City Council the estimated cost of the said storm sewer and the schedule of assessments upon the lots and blocks in said storm sewer district , and which said ren®rt and estimate further described the total area to be assessed in said district , consisting of y,tir7,blo 5 square feet , ana the rate of assessment per square foot is �$ O1,s68 for the entire district , or 495 16 for a lot 50 x 140 feet and 61z9 9d for a lot 50 x 190 feet, the trunk line levy for Storm Sewer Sub- District No 1 is 4 005 per square foot , which levy would amount to oho oo for a lot 50 x 140 feet and 041 50 for a lot 50 x 190 feet, the trunk line levy for Sub-District No 2 is 4p 0054b4 per square foot , which levy would amount to §68 17 for a lot 50 x 140 feet and $51 81 for a lot 50 x 190 feet, the trunk line levy for Sub-District No 6 is 0 007845 per square foot or 4po4 51 =or a lot bO x 140 feet and $ 14 56 for a lot 50 x 190 feet, 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 Tth day of January, A D 1922s by the City Coun- cil at a regular meeting thereof zo be held in the Council Chamber in the City Hall in the City of Fort Collins, at the hour of one o' clock P M on said day, for the purpose of hear_ ing 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 Storm Sewer District No 6, before the final action to be taken on an ordinance creating and organizing said district and authorizing the improvements to be constructed therein, therefore BE IT ORDAINED BY THE CITY COUVCIL OF THE CITY OF FORT COLLINS Section 1 That pursuant to the terms and pro- visions of Ordinance No 7, 1921, being an ordinance relating to local public improvements, there be and hereby is created and organized Storm Sewer District No 6, consisting of the following lots and blocks within the limits of said territory The North Half of Block al, Blocks 34, 36, 412 42, 51, East rdalf of Block 432 Blocks 52, 61 , 62, 71 , 81, 91, west Half of Block 101, West Half of Block 102, Blocks 268, 269, 2102 271, d771 278, 6192 280, 281, 287, 288, 269, 290, 2911 Loomis Adai- zion, blocks 2rd, 264s 29a, West Side Addition, Blocks 302, 312, 3240 Capitol Hill Addition, Blocks 1, 2, 30 4, Washington Place Addition, Blocks 1 2, S, 4, 5, Prospect Place Addition, Blocks 1, 21 3, 4, 5 , 6, 72 Scott-Sherwood Addition, Blocks 1 and 2, vanSlyke-Setzler Addition, Blocks 1 and 2, Swett 's Addition, -2- Grandview Addition, Hensel' s Addition, Morger-Smith Addition, Campbell' s Addition, also that area between Swett ' s and Hen- sel' s addition, and that area between Hensel' s and Grandview Addition to the City of Fort Collins, also that area between Washington Street and Mack Street and Mountain Avenue and La_ Porte Avenue, and that the work of construction of said im_ -orovements in said Storm Sewer District No 6 consist of Main Trunk Line A, as per map now on file in the City Engi- neer' s office together with sub-laterals therexrom, exclud- ing from said district the construction of sewer lines in Sub-Districzs Nos 2 and 3, at this time, the line having been constructed in Sub-District No 1, to which trunk line levy will be added the cost of the sewer lines in Sub-Districts Nos 2 and 3 when organized, constructed and completed Section 2 That pursuant, to the requirements of the resolution of the City Council adopted on the 3d day of December, 1921s due notice was given to the owners of property to be assessed in said Storm Sewer District No 6, by due and lawful publication in the Fort Collins Courier , a daily news_ paper 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 zo be assessed in the pro- posed storm sewer district , hereinabove described, the number of installments, the time in whion the cost would be payable, the rate of interest on un-oaid and deferred installments, the extent of the district to be improved, together with the pro- bable cost per square foot as shown by the estimate of the City Engineer , and the total area of real estate to be assessed in said Storm Sewer District No 6, and the total cost on an or. dinary lot 50 x 140 feet and 50 x 190 feet , and to the further -3. effect that on the 7th day of January, 1922, at one o' clock in the afternoon, in the Council Chamber of the City Hall in the City of Fort Collins, the City Council would hear and consider all complaints and objections that may be made and filed in writing, concerning said proposed improvement by the owner of any real estate to be assessed in said proposed district That the man, plans ana specifications and estimate and all proceed- ings of the City Council in the premises are on file and can be seen and examined at the City Clerk' s office during business hours at any time within said period of thirty days by any person interested That pursuant to said notice, on the 7th day of January, 1922, at the hour of one o' clock P M , the City Council proceeded to hear any objections that might have been made and filed respecting said proposed storm sewer dis- trict , and no objections having been filed, the City Council proceeded to determine it was for the best interests of the taxpayers in said Storm Sewer District No 6, as well as the City of Fort Collins, that the period of payment should be twenty years in twenty annual installments Section 3 The City Council further finds that all the 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 improvement have been observed and complied with in all respects and it is here- by ordered that the improvements in Baia storm sewer district , as provided for in the map, plans ana specifications heretofore adopted by the City Council and approved in this -orrd, e, and are hereby ordered to be constructed �"rCt- 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 Otficio 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 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 sub- mission by the Commissioner of Finance, said bonds shall bear the name of Storm Sewer District No 6, of the City of Fort Collins, and shall be payable in twenty (20) annual install.. ments, five per cent (5L�) thereof payable in each and every year during said period, and shall bear interest at the rate of six per cent (661h) per annum, payable semi-annually, said interest to be evidenced by coupons attached to the principal bond and attested by the fao simile signature of the City Clerk, which said bonds shall be in denominations of Five Hundred Dollars ($500 oo) each Each of said bonds shall be subscribed by the Commissioner of Safety and Ex Offioio Mayor and attested by the City Clerk with the corporate seal of the City and re- gistered with the City Treasurer, and shall be delivered from time to time as required for the payment of the work herein pro- vided Said oonas shall be redeemable out of the moneys col- lected on account of assessments made for said improvements, all moneys collected from said assessments or from the sale of bonds shall be credited to Storm Sewer District No 6, and the funds so collected shall only be used for the payment of the work of construction of said improvements and the interest there- on Said bonds shall be numbered from 1 to Z 2 inolusive, and shall be redeemable, commencing one year after date thereof, -5- consecutively and according to number and in order of issuance Said bonds shall only be issued and delivered by the City Treas- urer on estimates ana order of the City Engineer, signed and approved oy the Commissioner 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 ab- solutely due and payable twenty (20) years from the date of is- sue but shall be subject to call and payment at any time prior thereto, as provided in Ordinance No 7, 1y21, relating to local public improvements Pursuant to the authority and power contained in Section 25 of Ordinance No 7, 10211 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 Said bonds shall be received at par in payment for said improvements 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 STORM SEWER DISTRICT NO 6 No The City of Fort Collins , in the County of Lari- mer 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 day of , 19 , supjeet 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 1520, and Ordinance No 7 1�J21, relating to local public Improvements with interest thereon from date until payment at the rate of six per centum 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 coupons as they severally become due This bond is issued for the purpose of paying the cost of the local improvement in Storm Sewer District No 61 by virtue of and in full conformity with the amendment to Section 1, of Article XVII of the City Charter, passed and a- dopted April 4, 1y20, and Ordinance No T ly41, relating to local public improvements This bond is payable out of the proceeds and special assessments to be levied upon the real property situate in the City of Fort Collins in said Storm Sewer District No 6 especially oenefitted by said improve- ment , and the amount of thy, assessLen� so tc ce Lace 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 priority over all other liens except other bonds heretofore issued by said city and the lien of gen- eral 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 con- tract price for said improvement , 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 Storm Sewer District No 6, the making of said local improve- ment and the issuance of this bond, has been fully complied with by the proper officers of said city, and that all con_ ditions 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 Commis- sioner of Safety and Ex Officio Mayor , attested by its City Clerk under the seal of said City, and the interest coupons thereto attachea, to be attested by the fac simile signature of the City Clerk, as of the day of , 19 ATTEST Commissioner-of a e y an Ex Offiolo Mayor City er (Form of Coupon) No On the day of , 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 , 19220 issued for the construction of the local improvement known as Storm Sewer District No 6, provided this bond shall not have been heretofore paid Attached to Bond No i y er -7- Section 6 The Commissioner of Finance and Ex Off icio City Treasurer is hereby authorized and directed to have printed a sufficient number of bonds of the denomina_ tion of Five Fundred Dollars WOO oo) each, numbered from 1 to 2 9'`.�, inclusive, as is required to meet the estimated cost of said improvement as herein provded, 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, when- ever funds may be in his hands to the credit of Storm Sewer District No 63 including six months' interest on the unpaid principal, to advertise two insertions, a week apart , in the official newspaper of said City and call in a suitable num- ber of bonds of said district for payment , and at the expira- tion of thirty (30) days, from the first publication, in^ terest on said bonds so called shall cease The notice shall specify the bonds so called by number , and all saia bonds so issued shall be called and paid in their numerical order Section 8 Upon the taking effect of this or- dinance, the Commissioner of Safety and Ex Officio Mayor is hereby authorized and empowered to advertise for bids for the construction of said improvement in accordance with the map, plans and specifications heretofore adopted, which advertise- ment shall be for not 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 submitited -e. to the City Council for approval or rejection, and no con.. tract 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 the same of not less than twenty-live per cent of the contract price, with suf- fioient surety or sureties to be approved by the Commissioner of Safety and Ex Officio Mayor and the work of construction when so awaraed under said contract shall be under the gen- eral control of the Commissioner of Public Works and in the immediate charge, control and supervision of the City Engi- neer , whose decision in all matters of dispute respecting compliance with this ordinance and the contract made there- under, 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 City Charter , and of the laws finder which the City of Fort Collins exists, and of Ordinance No 7, 1921, and this ordinance, and that the agreed payments shall not exceed the estimate of the City Engineer ana the amount appropriated, ana that upon ten days' notice the work under said contract , without cost or claim against the City of Fort Collins, may be suspenaed for substantial cause ana upon complaint of any owner of real estate to be assessed for the improvement that the improve- ment 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 -9- bids which may be made by any person or persons for the con_ struction 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 Council is hereby authorized aiu empowered to provide for doing such work by airing 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 Engineers acting for said City Section 9 When said public improvement in Storm Sewer District No 6 shall have been completed and the same approved by the City Engineer, recommended for accept- ance by said officer, and duly acceptea by the City Council of the City of Fort Collins, the cost thereof shall be assess. ed 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 high- ways, which said assessments when made and reported by the City Engineer and approved by the City Council , shall be assessed against the property in Storm Sewer District No 6, by an ordinance to be adopted as provided oy Ordinance No 7, 1921 Section 10 For the purpose of paying for en- gineering and other clerical expenses and the cost of inspec- tions upon the approval of the City Council the Commissioner of Safety and Ex Offioio Mayor is autnorized 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 _10. proceeds thereof for said purpose , and in accordance with the provisions of Ordinance No ?, lVW1 Section 11 This ordinance shall be irrepeal- able until the indebtedness herein provided for , whenever the same shall be created shall have been fully paid, satisfied and discharged as herein provided Section 18 In the opinion of the City Coun- oil an emergency exists for the preservation of the public health, peace and safety, ana this ordinance shall take ef- fect 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 adoptea by the unanimous vote of all the members of the City Council this et h day of January, A D 191 a ,,�Tbmibl s6 loner of Sarn y an r.x Off icio Mayor ATTEST vCity Clerk -1L r STATE OF COLORADO ) SS COUNTY OF LARIMER ) I, A J ROSENOW, City Clerk of the City of Fort Collins, do hereby certify and declare that the fore- going ordinance, consisting of twelve (12) sections, was duly proposed and read at length at a regular meeting of the City Council held on the 7th day of January, A D 1922s and was duly adopted and ordered published in the Fort Collins Courier , a daily newspaper and the official news- paper of the City of Fort Collins, by the unanimous vote of all members of the Council, as an emergency ordinance , in accordance %ith the provisions of Sections 6 and 7 of Article IV of the City Charter, and thereafter , on toKit the //7 day of January, 1922, said Ordinance No 1 was duly published in the Fort Collins Courier , a daily newspaper published in the City of Fort Collins , Colorado IN WITNESS WHEREOF I have hereunto set my hand and affixed the seal of said City this �_ day of January, A D 1922 City Clerk