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HomeMy WebLinkAbout003 - 12/08/1944 - RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT NO. 48 (EMERGENCY ORDINANCE) ORDINANCE NO. 3 , 1944, BEING AN EMERCENCY ORDINANCE RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT NO 48, PROVIDING FOR THE CONSTRUCTION OF IMPROMENTS THEREIN, AND AUTHOR- IZING THE ISSUANCE OF BONDS TO PAY THE COST OF CONSTRUCTION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That pursuant to a petition, duly filed and presented to the City Council on October 13, 1944, which said petition was referred to the City Engineer for investi- gation and report and was by said City Engineer reported back to the City Council as being signed by the owners of more than one-third of the area in the proposed district. THEREFORE, there is hereby created and organized an improvement district under and by virtue of the provisions of Ordinance No 71 19219 as amended by subsequent ordinances, to be known as Sanitary Sewer District No. 48, comprising Block 186 in the City of Fort Collins Section 2 That the said petition prayed for the im- provement of the said district by construction of a sanitary sewer line in Block 186, which said petition was made and filed under the provisions of said Ordinance No. 7, 1921, as amended, and that the plans and specifications together with the esti- mated cost of said sanitary sewer and the schedule of assessments upon the lots in said block in said sanitary sewer district, together with the map prepared by the City Engineer, be and the same are hereby adopted as the map, plans and specifications for said sanitary sewer district, and said work of construction of said sanitary sewer district is hereby ordered to be done in r accordance therewith, as provided by law, which said report further described the total area to be assessed in said sanitary sewer district, consisting of 242,000 square feet, and the rate of assessment per square foot of M071 and the cost of a lot 50 feet by 190 feet is estimated at $67.45. All costs of said construction and improvement are to be assessed against the owners of lots and lands 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 streets and alleys, in accordance with the provision of Ordinance No 79 1921, as amended Section 3 That pursuant to the requirements of a Resolution of the City Council, duly adopted on the 27th day of October, A D 194 due notice was given to the owners of the property to be assessed, by due and lawful publication in The Fort Collins Express-Courier, a daily newspaper of general circulation in the City of Fort Collins, for a period as re- quired by law, as shown by the proof of publication on file in the office of the City Clerk, which said notice was to the owners of the property to be assessed and designated the kind of improvements proposed, the number of installments and the time in which the cost would be payable , the rate of interest on the unpaid and deferred installments, the extent of the district improved, together with the probable cost per square foot, as shown by the estimate of the City Engineer, and to 13-u- s-5 the further effect that on the 8th day of Decefaber, A. D 1944, 1 3u at seven o'clock A M , in the City Council Chamber in the City Hall of the City of Fort Collins, the City Council would hear and determine all complaints and objections that might be made and filed in writing concerning the proposed improvements by the owners of any real estate to be assessed Athat in pursuance -2- of the said notice , the said City Council did sit to hear the complaints at said meeting held on the Sth day of December, A D 1944, at seven o'clock A M , and that no complaints in writing concerning the proposed improvements had then and there been filed with the City Clerk. Section 4 The City Council finds that all the re- quirements of the Statute respecting the petition for said improvements and the resolutions and notices required by law 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 of Sanitary Sewer District No. 48 as pro- vided for in the map, plans and specifications heretofore adopted by the City Council, and approved in this Ordinance, be and they are hereby ordered to be constructed Section 5 For the purpose of paying the cost of said improvements, bonds of the City of Fort Collins in the aggregate principal amount of $1,718.42 are hereby authorized to be issued by the Commissioner of Finance and Ex-Officio City Treasurer of the City of Fort Collins, which said bonds shall bear date of May 1, 1945, 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 Sanitary Sewer District No 48 of the City of Fort Collins, and shall bear interest at the rate of six per cent (6%) per annum, payable semi-annually, said interest to be evidenced by coupons at- tached to the principal bond and attested by the facsimile signature of the City Clerk, which said bonds shall be in den- ominations of One Hundred ($100.00) Dollars each. Each of said bonds shall be subscribed by the Commissioner of Safety and -3- Ea-Officio Mayor, countersigned by the Commissioner of Finance and Ex-Officio City Treasurer, 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, or the City Council, in its discretion, may sell said bonds to pay such costs in cash, as provided in Ordinance No 7, 1921, as amended, and anything in this Ordinance or any Ordinance of the City of Fort Collins to the contrary notwithstanding, any or all of the bonds herein provided for may be sold by the City Council at public or private sale , with or without prior advertisement and upon such terms and conditions as to it seem advisable Said bonds shall be redeemable out of the moneys collected on account of the assessments made for said improvements, all moneys col- lected from said assessments or from the sale of bonds for said improvements, shall be credited to Sanitary Sewer District No 48, and the funds so collected shall only be used for the pay- ment of the work of construction of said improvements and the interest thereon and collection cost Said bonds shall be num- bered from one to eighteen, inclusive, and shall be redeemable consecutively, according to number and in the order of issuance Said bonds shall be issued upon estimates of the City Engineer, approved by the City Council, and the City Treasurer shall pre- serve a record of the same in a suitable book kept for that purpose All of said bonds shall be absolutely due and payable five ( 5) years from the date of issue, but shall be subject to call and payment at any time prior thereto, as provided in Ordinance No 79 1921, relating to local public improvements, as amended All assessments made in pursuance of this Ordinance, together with all interest thereon and penalties for default in -4- the payment thereof and all costs in collecting the same, shall, from the date of the final publication of the assess- ing ordinance hereafter to be adopted, constitute a perpetual lien on a parity with the tax lien for general State, County, City, Town or School taxes, and no sale of such property to enforce any general State , County, Town or School tax, or other lien, shall extinguish the perpetual lien of such assess- ments herein provided to be made Section 6 Said bonds and the coupons attached there- to shall be in substantially the following form 'UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLINS SANITARY SEWER DISTRICT NO. 48 No, The City of Fort Collins, in the County of Larimer, and State of Colorado, for value received, acknowledges itself indebted and hereby romises to pay the bearer hereof, the sum of One Hundred ( 100.00) Dollars in lawful money of the United States, at the office of the City Treasurer of said City, on the 1st day of May, 1950, subject to call and payment, however, at any time prior thereto,/'as provided in the amend- ment to Section 1 of Article XVII of the City Charter, passed and adopted April 6, 1920, and Ordinance No. 7, 1921, relating to local public improvements, as amended, with interest thereon from date until payment at the rate of six per cent (6%) per annum, payable semi-annually, on the 1st day of November and the 1st day of May 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 improvements in Sanitary Sewer District No 48, by virtue and in full conformity with the amendment to Section 1 of Article XVII of the City Charter, passed and adopted April 6, 1920, and Ordinance No. 7, 1921, relating to local public im- provements, as amended This bond is payable out of the proceeds of special assessments to be levied upon the real property, sit- uate in the City of Fort Collins in said Sanitary Sewer District No 48, especially benefitted by said improvements, and the amount of the assessment so to be made upon the real estate in said Dis- trict for the payment thereof, with accrued interest, is a lien upon the said real estate in the respective amounts to be appor- tioned to said real estate and to be assessed by an ordinance of said City, and the lien created by said assessing ordinance, together with all interest thereon and penalties for default in -5- the payment thereof , and all costs in collecting the same, shall, from the date of the final publication of the assess- ing ordinance hereafter to be adopted, constitute a perpetual lien on a parity with the tax lien for general State, County, City, Town or School taxes, and no sale of such property to enforce any general State , County, Town or School tax, or other lien, shall extinguish the perpetual lien of such assess- ments herein provided to be made 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 esti- mate of the City Engineer, and the contract price for said improvements, 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 Sanitary Sewer District No. 48, the making of said local improvements and the issuance of this bond, has been fully complied with by the proper offi- cers 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 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 VVMREOF the said City of Fort Collins has caused this bond to be suLscribed by its Commissioner of Safety and Ex-Officio Mayor,countersigned by its Commissioner of Finance and Ex-Officio City Treasurer, and attested by its City Clerk, under the seal of said City, and the interest coupons thereto attached, to be attested by the facsimile signature of the City Clerk as of the 1st day of May, 1945. � � L CoE ssioner of Safety and Ex-Offic o Mayor COUNTERSIGNED - Commissioner ssioner of Finance and Ex-Officio City Treasurer. Attest City Clerk. -6- (Form of Coupon) No. 3.00 On the day of , 19 , the City of Fort Coll n-s will pay to the bearer three M.00) Dollars in lawful money of the United States, at the office of the City Treasurer of Fort Collins, Colorado, being six (6) months' interest on its local improvement bond, dated May 1, 1945, issued for the construction of the local improve- ments known as Sanitary Sewer District No. 48, provided this bond shall not have been heretofore paid Attached to Bond No City Clerk Section 7 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 One Hundred ($100.00) Dollars each, numbered from 1 to 18, inclusive, as is required to meet the estimated cost of said improvements 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 8. 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 48, including six months' interest on the unpaid principal, to advertise for five ( 5) days 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 bonds so issued shall be called and paid in their numerical order -7- Section 9, Upon the taking effect of this Ordi- nance, the Commissioner of Safety and Ex-Officio Mayor is hereby authorized and empowered to advertise for bids for the construction of said improvements in accordance with the map, plans and specifications heretofore adopted, which advertise- ment shall not be less than ten (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 improvements After the contract is awarded for the construction, the City Council shall require a bond for the faithful performance of the same of not less than the full contract price , with sufficient surety or sureties to be approved by the Commissioner of Safety and Ex-Officio Mayor, and the work of construction when so awarded under said con- �fttia tract shall be under the general control of the Commissioner of Public Works and City Manager and in the immediate charge , control and supervision of the City Engineer, whose decision in all matters of dispute respecting compliance with this Ordinance and the contract made thereunder, and the plans and specifica- tions, 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 charter and of the laws under which the City of Fort Collins exists and of this Ordinance, and the provisions of Ordinance No 7, 1921, relating to local public improvements, as amended, and that the agreed payment shall not exoeed the estimate of the City Engineer and the amount appropriated, and that upon ten (10) days' notice the work under said contract, without cost or claim against the City of Fort Collins, may be suspended for substantial cause , -8- and upon complaint of any owner of real estate to be assessed for the improvements that the improvements are not being con- structed 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. When said contract is awarded, it shall also contain a provision as to the manner of payment - whether the same shall be made in bonds of the said District to be accepted by the contractor at par, or whether payment shall be made to the contractor in money, all at the option of the City Council. The City Council shall have the right to reject any and all bids which may be made by any person or per- sons for the construction of said improvements, and when, in the judgment of the City Council, it shall be deemed to the best interests of the 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 pur- chasing the necessary materials~to do such work under the dir- ection, supervision and control of the City Manager, the Com- missioner of Public Works and the City Engineer acting for said City, and without obligation so to do may accept Federal Aid in connection therewith, reducing the expense to the property owners and the District by so much as shall be obtained from Federal Aid by money, materials and labor Section 10 GIhen the local improvements in Sanitary Sewer District No 48 shall have been completed and the same approved by the City Engineer and recommended 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 said district is to the area of all the real estate in the district, exclusive of streets and alleys, in -9- accordance with the provision of Ordinance No 79 1921, as amended, which said assessment when made and reported by the City Engineer and approved by the City Council, shall be assessed against the property in said Sanitary Sewer District No. 48 by an Ordinance to be adopted as provided by Ordinance No 7, 1921, as amended. Section 11. This Ordinance shall be irrepealable until the indebtedness herein provided for, whenever the same shall be created, shall have been duly 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, 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 Sth day of December, A. D 1944. CommIssloner of Safeto and Ex-Officio Mayor Attest./ C ty Ulerk -10- J STATE of COLORADO, ) ss. County of Larimer. ) I, PILES F. HOUSE, City Clerk of the City of Fort Collins, do hereby certify and declare that the foregoing Ordinance, consisting of twelve (12) Sections, was duly pro- posed and read at length at a regular meeting of the City Council, held on the 8th day of December, A D 1944, and was duly adopted and ordered published in the Fort Collins Express-Courier, a daily newspaper and the official newspaper of the City of Fort Collins, by the unanimous vote of all members of the City Council, as an Emergency Ordinance, in accordance with the provisions of Sections 6 and 7 of Article IV of the City Charter, and thereafter and on, to-wit the 124ay of December, A D 1944, said Ordinance No 3 was duly published in the Fort Collins Express-Courier, a daily newspaper published in the City of Fort Collins, Colo- rado IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City this 12tbday of December, A D 1944 City Clerk.