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HomeMy WebLinkAbout031 - 12/31/1921 - RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT NO. 37 (EMERGENCY ORDINANCE) w ORDINANCE NO. a7i , 1921, BEING AN EMERGENCY ORDINArCE RELATIJG TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT N0. 37, PROVIDING FOR THE CONSTRUCTION OF THE IHTROVEKENTS THEREIN AND AUTHG- RIZING THE ISSUANCE OF BONDS TO PAY THE COST OF THE CON— STRUCTION THEREOF. WHEREAS, Under the authority and pursuant to the r..rovisions of Ordinance Nj. 7 , 1921 , the City Council, on the 19th day of November , 11V21, 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 purr:ose of constructing; a sanitary sewer line in a district composed of subdivisions of Lots 1 and 10 , Block 62 and Lots 5 and 6, Block 61 in the City of Fort Collins; and WHEREAS, 0n the 26th day of November , 1921, the City tngineer duly retorted 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 which said report and estimate furthar described the total area to be assessed in said sanitary sewer district , consisting of 75,600 square feet , and the rate of assessment per square foot of 0.00'77198, and the cost for a lot 50 x 140 feet is 04.04; 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 rrovided by ordinance , and provided in said notice that a hearing would be had on the 31st day of December , 1921 by the City Council at a regular meetin thereof to be held in the Council Chamber in the City Hall in the City of Fort Collins, at the hour of one o' clock P.�. on 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. 37, 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 THF, CITY COUNCIL 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 - Sanitary Sewer District No. 37 , consisting of the West 140 feet of Lot 1 and the East 140 feet of Lot 10, Block 62, the Nest 140 feet of Lot 5 and the Last 140 feet of Lot 6, 3lock 61, in the City of "sort C llins , ana that the work of construction of said Improvements in said Sanitary Sewer Dis- trict No. 37 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 ado*,ted on the 26th day of November , 1921 , due notice was given to the owners of pro- perty to be assessed in said Sanitary Sewer District No. 37, by due and lawful publication in the Fort Collins Courier , a daily newspaper of general circulation in the Cicy 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 -2- assessed in the proposed sanitary sewer district , composed of the East 140 feet of Lot 10 and the West 140 feet of Lot 1 , Block 62, the West 140 feet of Lot 5 and the East 140 feet of Lot o , Block ol,in the City of Fort Collins, and designating the kind of improvement proposed, the number of installments, the time in which the cost would be payable , the rate of in- terest on un^aid and aeferred 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 estate to be assessed in said Sani- tary Sewer District No. 37, and the cost per square foot , and to the further effect that on the 31st day of December , 1�--121, at one o' clock P. . , in the Council Chamber of the City Hall in the Dity of Fort Collins, the City Council would hear and determine all complaints and objections that may be made and filed in writing, eonoerninv said proposed imrrovement by the owner of any real estate to be assessed in said proposed dis- trict . That the map , plans and specifications and estimate and all proceedingsof the City Council inthe ore:i,ises are on file and can ne seen and examined at the City Clerk ' s office auring business hours at any time within said period of thirty days by any person interested. That rursuant to said notice, on the 31st clay of December , 1921 , at the hour of one o 'clock P .iA. , the City Council proceeded to hear any objec- tions that might have been filed respecting said proposed sani- tary sewer district , and no objections having been filed, the City Council proceeded to determine that it was for the best interests of the taxpayers of said Sanitary Sewer District No. 37 as well as the City of Fort Collins, that the period of pay- ment should be ten years in ten annual payments. a -3- 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 there_ to before the adoption of an ordinance ordering said improve- ments, have been observed and complied with in all respects, and it is hereby ordered that the improvements in said sanitary sewer district , as provided for in the map , plans and speci- fications heretofore adopted by the City Council and approved in this ordinance be and are hereby ordered to be constructed. Section 4. For the purr,ose 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 oonds 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 dis- trict , 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 the Sanitary Server District No. 37, ,of the City of Fort Collins, and shall be payable in ten (10). annual insta.�l- ments, ten per cent (100?o) thereof payaale ;in each and every year during said period, and shall bear interest at the rate of six per cent (6°1o) per annum, payable semi-annually, said in- terest 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 indenominations of Five Hundred Dol- lars (4500. 00) each. Each of said bonds shall be subscribed by -4- the Commissioner of Safety and F,x Offioio 2ayor and attested by the City Clerk with the corporate seal of the City and register- ed 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 assessments made for said immprovemznts; all moneys collected from said assessments or from the sale of bonds shall be credited to Sanitary Sewer District No. 37, and the funds so collected shall only be used for the payment of the work of con- struction of said improvements and the interest thereon. Said bonds shall be numbered from 1 to 2, inclusive, and shall be re- deemable 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 Offioio Mayor, when said esti- mates 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 sub- ject to call and payment at any time prior thereto, as provided in Ordinance No. 7, 1921, relating to local public improvements. 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 ana the coupons attached thereto shall be in substantially the following form: -5- UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLINS SANITARY SEWER DISTRICT NO. 37. No . The Ci.y of Fort Collins , in the County of Larimer and State of Colorado, for value received, acknow_ ladges itself inaebted 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 Citv Treasurer of said City, on the day of , 19 , sub- ject to call and payment , however , at any time prior there- to, as provided in the amendment to Section 1 of Article XVII of the City Charter, passed ana adopted April 4, 1y204 and Ordinance No. 7, 19213 relating to local public improve- ments, with interest thereon from date until payment at the rate of six per cent um- per annum, payable semi-aanuai 1 y, on the day of and the day of , at the office of the City Treasurer of the City of Fort Col- lins , upon presentation and surreri! er 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. 37, by virtue of and in full conformity with the amend- ment to Section 1 of Article XVII of the City Charter, pass- ed and adopted April 4, 1-20 , and Ordinance Vo. 7, 1921 , re- lating 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 Sanitary Sewer District No. 37, especially benefitted by said ii-:provements, and the mount or the assessment so to be made upon thevreal 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, here_ tofore 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 re_ uitea that the total issue of bonds of said city for said dis- trict , including this bond, does not exceed the estimate of the City Engineer , and the ccntract price for said improvemeny,nor the amount authorized by ana it is further hereby Certified and recited that every requirement of law relating to the crea- tion of said Sanitary Sewer District No. 37, the making of said local t:aprovement and the issuance of this oond, has been fully complied with by the crop er officers of said city, and that �:ll conditions required to exist ana all t'nings required to be done precedent to and in the issuance of this bond to render the same lawful and valid, have ha"pened, and been properly done and performed, and did exist in regular ana due time, form and manner as required by law. _6- In Testimony `whereof, the said City of Fort Collins has causea this bone. to be subscribed by its Comis- sionar 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 ly ATTEST: Commissioner of Safety an rx 0fficio Mayor. City Clerk. (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 or the Ciey Treasurer of Fort Collins, Colorado, being six months' in- terest on its local improvement bond dated , 193_, issued for the construction of the local improvement known as Sanitary Sewer District No. 37, provided this bond shall not have been heretofore paid. Attached to Bond No. City Clerk. Section 6. the Couamissioner of Finance and Ex Off icio City Treasurer is hereby authorized and directed to have printed a sufficient number of ponds of the denomina- tion of Five Hundred Dollars (0500.00) each, numbered from 1 to 2, inclusive , as is required to meet the estimated cost d' said improvement as herein provided, and when said bonds shal have been duly prepared, they shall be retained by the City Treasurer to be issued and delivered from time to time as here- inbefore provided. -7_ 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 Sani- tary Sewer U'istrict iia. 47, including six mor_ths ' 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 pay- meet , and at the expiration of thirty (;5 ) 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 called and paid in their numerical order. Section S. Upon the taking effect of this ors dinance , the Commissioner of Safety and Ex Officio Mayor is hereby authorized and empowered to advertise for bids for the construction of said improvementi "in aocordance with the map, plans and specifications heretofore adapted, which ad- vertisement shall not be less than ten (10) days in the daily official newspaper published in the City of Fort Collins, and all bids received uncier said advertisement shall be sub- mitted to the City Council for approval or rejection, and 4o contract shall be awarded in excess of the Dity 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-five per cent of the contract price, with su,f.%,, ficient surety or sureties to be approved by the Commissioner of Safety and Ex Off icio Hayor, and the work of cone*.Vuction when so awarded under said contract shall be under t1A gen- eral control of the Co=iesioner of Public Works and in the _8_ immediate charge, control and supervision of the City .Engi- neer , whose decision in all Natters of dispute respecting compliance with this ordinance and the contract made there- under , and the flans and sr,ecifications , shall be final and binding upon all parties thereto. when saia 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. 7, 1e21, 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 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 improve- ment is not being constructed in accordance with the contract , then the City Council may consider the corplaint 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 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 and empowered to provided for doinE 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 hngineer, acting for the City. -9- Section 9. When said public improvement in Sanitary Sewer District :to. 37 shall have been completed and the same a, ,:roved by the City Engineer , recom: :ended 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 saia district is to the area of all the real estate in the district , exclu- sive of public highways, which said assessments when :Wade and reported by the City Engineer and approved by the City Council, shall be assessed against the property in Sanitary Sewer District No. 37, by an ordinance to be adopted as provided by Ordinance No. 7, 1921. Section 10. For the *urrose of paying for engineering and other clerical expenses and the cost of in- erection, upon the approval of the Cit! _:ouncil , the Coi,,- missioner of Safety ana Ex Oficio 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 irre- peala0le until the indebtedness herein provided for , when- ever the s&,ie shall be created, shall have been fully paid, satisfied and discharged as herein provided. _1 ;_ 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 B 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 31st day of December , A.D . 1521. l;C;!i=i-ssioiH-erX- oTf .; et y and Ex Offioio :::aycr . ATTEST: _y Q. -11_ STATE OF COLORADO ) SS. COUNTY OF LAF.I':4E ) I, A. J. ROSENOWs 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 r,roposed and read at length at a regular meeting of the City Council held on the 31st day of December, 1921, and was duly adopted and ordered published in the Fort Col- lins Courier , a daily newspaper and the official newspaper of the City of Fort Collins, by the unanimous vote of all members of the Council, as an emergency ordinance, 1n accor- dance with the provisions of Sections 6 and 7 of Article IV of the Ci Charter; and thereafter, on towit : the day of January, A.D. 1922, said Ordinance No. AL was duly published in the Fort Coiling Courier , a daily newspaper published in the City of Fort Collins, Colorado. IN WIT:iESS V6i�EREOF, I have hereuntg set my hand and affixed the seal of said City this �'� day of January, A.D. 1922, -- — city Cler E.. -1�:-