Loading...
HomeMy WebLinkAbout025 - 10/25/1924 - RELATING TO THE CREATION AND ORGANIZATION OF WATER MAIN DISTRICT NO. 2 (EMERGENCY ORDINANCE) ORDINANCE NO X6- , 1924, BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION AND ORGANIZATION OF WATER MAIN DISTRICT NO 2, IN THE CITY OF FORT COLLINS, PROVIDING FOR THE CONSTRUCTION OF THE IMPROVEIILNTS 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, as amended by Ordinance No 13, 1924 the City Council on the 19th day of July, A D 1924, duly passed and adopted a resolution providing for the organization of a water main district and designating the boundaries tnereof and the lots and blocks therein for the purpose of constructing water mains with laterals therefrom in a district composed of the West Half of Block 287 and the Hest Half of Block 288, Loomis Addition, and Kenwood Heights, in the City of Fort Collins , Colorado and WHEREAS, On the 9th day of August, A D 1924, the City Engineer duly reported to the City Council map, plans, specifications and estimated cost of the construction of eater 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 $15,097 52, of which amount $799 51 is to be assessed against the City Water 0orks of the City of Fort Collins , and the Total cost to be assessed upon the real estate in said district, exclusive of the portion to be assessed against the City Water Works , as aforesaid, is $"14,298 01, and described the total frontage to be assessed in said water main district consisting of 4,702 99 feet, eind the rate of assessment per front foot of $3 04, and the cost for a lot with a 50 foot frontage is $152 00 and WHEREAS, on the 13th day of September A D 1924, the City Council duly passed and adopted an amended resolution adopting the said report , map, plans specifications , detaiis and estimate of the City Engineer, ana autnoiized the publication of an amended notice to the owners of all real estate in the proposed district, and to all persons interested generally, fixing the time, of hearing when the City Council would consider the ordering by ordinance of the proposed improvements and WHEREAS, pursuant to said resolution, the City Clerk caused amended 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 tnat a hearing would be had on the 25th day of October, A D 1924, 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 o 'clock A M of said day, for t ne purpose of hearing all complaints or objections that may be made in iriting concerning the proposed improvements by any owners of real estate to be assessed in said Water Itiain District No 2, or any persons 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 WHEREAS, no complaints or objections have been made or filed concerning the proposed improvements , 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, as amended by Ordinance No 13, 1924, being an ordinance relating to local public improvements, there be and hereby is created and organized Water Main District No 2, consisting of the West Half of Block 287, and the West Half of Block 288, Loomis Addition, and Kenwood Heights, in the City of Fort Collins Colorado, and that the work of construction of said improvements in said Water Main District No 2 consist of wator mains and laterals as per map on file in the office of the City Engineer Section 2 That pursuant to the requirements in the reso- lution of the City Council adopted on the 13th day of September, A D 1924, due notice was given to the owners of property to be assessed in said Water Main District No 2, by due and lawful publication in the Fort Collins Express-Courier, a daily newspaper of general circulation in the City of Fort Collins, for two 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 eater main district , composed of the West half of Block 287, and the West Half of Block 288, Loomis Addition, and i�enwood Heights, in the City of Fort Collins, Colorado, and to all persons interested generally, and designating the kind of improvement proposed, the number of install- ments , the time in which the cost would be payable, the rate of interest on unpaid and deferred installments , the extent of the district to be improved and assessed, together with the probable cost as shown by the estimate o* the Cit3 Engineer, and the total frontage of real estate to be assessed in said Water Main District No 2, and the cost per front foot, and to the further effect that on the 25th day of October, A D 1924 at eight o 'clock A M in the Council Chamber of the City Hall in the City of Fort Collins , the City Council would consider the ordering by ordinance of the proposed improvements, and near and determine all complaints and objections that may be made and filed in writing con- cerning said proposed improvements by the owner of any real estate to be assessed in said proposed district, or any persons interested and that the map, plans and specifications and estimate and all proceedings of the City Council in the premises are on file and can oe seen and examined at the City Clerk's of-ice 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 25th day of October, A D 1924, at the hour of eight o 'clock A M , the City Council pro- ceeded to hear any ob]ections that might have been filed respecting said proposed water main aistrict, and no complaints or objections having been made or filed, the City Council proceeded to determine that it was for the best interests of the taxpayers of said Water Main District No 2, 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 re- quirements 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 water main 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 Water Main District No 2, 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 (6%) per annum, payable semi-annually, said interest 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 in denominations of Five Hundred Dollars (0500 00) each Each of said bonds shall be subscribed by the Commissioner of Safety 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 the assessments made for said improvement, all moneys collected from said assessments or from the sale of bonds shall be credited to Water Main District No 2, 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 front 1 to .31 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 Treasuier on estimates and order of the City Engineer, signed and approved by 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 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 improvements Pur- suant to the power and authority contained in Section 29 of Ordinance No 7, 1921, as amended by Ordinance No 13, 1924, relating to local public improvements, the payment of all the bonds issued in pursuance of this ordinance is hereby guaranteed by the City of Fort Collins Section 5 Said bonds and the coupons attached thereto shall oe in substantially the following form UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLII4S WATER MAIN DISTRICT NO 2 No The City of Fort Collins, in the County of Larimer, 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 , subject to call and payment, however, at any time prior thereto, as provided in the amendment of Section 1 of Article XVII of the City Charter, passed and adopted April 6, 1920, and Ordinance No 7, 1921, as amended by Ordinance No 13, 1924, relating to local public improvements, with interest thereon from date until payment at the rate of six per cent 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 annexced coupons as they severally become due This bond is issued for the purpose of paying the cost of the local improvement in Water Main District No 2, by virtue of 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, as amended by Ordinance No 13, 1924s relating to local public improvements This bond is payable out of the proceeds and special assessments to be levied upon the real pfoperty situate in the City of Fort Collins in said Water Main District No 2, especially benefitted by said improvements, and the amount of the assessments so to be made upon the real estate in said District for the payment thereof with accrued interest is a lien upon the saia 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 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 recited that every requirement of law (elating to the creation of said Water Main District No 2, the making of said local improvement and the issuance of this bond, has been fully complied with bj 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 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 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 Safety and Ex -0 ficio Mayor ATTEST 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 of the City Treasurer of Fort Collins, Colorado, being six months ' interest on its local improvements bond dated 19 , issued for the construction of the local improvement known as Water Main District No 2, provided this bond shall not have been here- tofore 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 3 / inclusive, as is required to meet the estimated cost of said improvement as herein provided, and when said bonds shall have been duly prepazed, 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 Water Main District No 2, 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, ana 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 called and paid in their numerical order Section S Upon the taking effect of this ordinance, the Commissioner of Safety and Ex-Officio Mayor is hereby authorized and empowered to advertise for bids for the construction of said improve- ments in accordance with the map, plans and specifications hereto- fore 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 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, witn 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 contract shall be under the general control of the Commissioner of Public Works and in the immediate charge, control and supervision of the City Engineer, whose decision in all matters of aispute respecting compliance with this ordinance and the contract made thereunder, 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 pro visions of the City Charter, and of the laws under which the City of Fort Collins exists, and of Ordinance No 7, 1921, as amended by Ordinance No 13, 1924, 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 improvement is not being constructed in accordance with the contract, then the Citv Council may consiaer 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 bids which may be made by any person or persons for the construction of said improvements, and when in the judgment of the City Counc12At shall be deemed to the best interests of 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 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 Water Main District No 2 shall have been completed and thes ame approved by the City Engineer, 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 frontage of each piece of real estate in said district is to the frontage of all the real estate in the district, which said assessments when made and reported by the City Engineer and approved by the City Council, shall be assessed against the property in Water Main District No 2, by an ordinance to be adopted as pro- vided in Ordinance No 7, 1921, as amended by Ordinance No 13, 1924 Section 10 For the purpose of paying for engineering ana other clerical expenses and the cost of inspection, upon the approval of the City Council, the Commissioner of Safety and Ex-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, as amended by Ordinance No 13, 1924 Section 11 This ordinance shall be irrepealable until the indebtedness herein provided for, whenever thes ame 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 25th day of October A D 1924 9�4� Commissioner of S ty and Ex ficio Mayor ATTFST CTFy Clerk STATE OF COLORADO, ) SS COUNTY OF LARIKER ) 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 auly proposed and read at length at a regular meeting of the City Council held on the 25th day of October, A D 1924, and was auly 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 Council, as an emergency ordinance, in accordance with the provisions of Sections 6 and_7, of Article IV of the City Charter and thereafter, on to-wit the vGt day of October, A D 1924, said Ordinance No S was duly published in the Fort Collins Express-Courier, a daily newspaper pub- 110hed in the City of Fort Collins , Colorado IN WITNESS WHEREOF have hereunto set my hand and affixed the seal of said City, thisC79cff — day of ber, A D 1924 i Y Clerk