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HomeMy WebLinkAbout021 - 10/04/1924 - RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT NO. 42 (EMERGENCY ORDINANCE) ORDINANCE NO I 1924, BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION AND ORGAN- IZATION OF SANITARY SEWER DISTRICT NO 42, PROVIDING FOR THE CON- STRUCTION OF THE IMPROVEMENTS THEREIN ANL AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF CONSTRUCTION THEREOF WHEREAS, Under the authority and pursuant to the pro- visions of Ordinance No 7, 1921, the City Council, on the 23rd day of August, A D 1924, duly passed and adopted a resolution providing for the organization of a sanitary server 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 West Half of Block 303 and all of Blocks 313 and 323 of Capitol Hill Addition, in the City of Fort Collins, Colo- rado, and WHEREAS, On the ct' day of August, A D 1924, 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 which said report and estimate further described the total area to be assessed in said sanitary server district, corsisting of 369,585 square feet, and the rate of assessment per square foot of 0151968, and the cost for a lot 50 x 140 feet is $106 38, and WHEREAS Pursuant to vmaA 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 4th 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 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 Seger District No 42, 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, All complaints and objections riade and filed have this day been considered by the City Council and were on motion duly over -ruled as being insufficient in law and in fact, 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 42, consisting of the West Half of Block 303 and Blocks 313 and 323 of Capitol Hill Addition in the City of Fort Collins, Colorado, and that the work of construction of said improvements in said Sanitary Sevier District No 42 consist of a main sewer line and branches as pel 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 day of August, 1924, due notice was given to the owners of property to be assessed in said Sanitary Sewer District No 42, by due and lawful pub- lication in the Fort Collins Express-Courier, a daily newspaper of general circulation in the City of Fort Collins, for two successive weeks, once each creek, as shown by the proof of pub- lication 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 Vilest Half of Block 303 and Block 313 and 323 of Capitol Hill 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 would be payable, the rate of interest on unpaid and deferred installments, the extent of the district to be improved, together with the probable cost per square foot as snown by the estimate of the City Engineer, and the total area of real estate to be assessed in said Sanitary Sewer District No 42, and the cost per square foot, and to the further effect that on the 4th 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 hear and determine 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 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 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 4th day of October, A D 1924, at the hour of eight o 'clock A M , the City Council proceeded to hear any ob- jections that might have been filed respecting said proposed sanitary sewer district, and all objections made and filed were duly heard and considered and over-ruled as being insufficient in law and in fact, the City Council proceeded to determine that it was for the best interests of the taxpayers of said Sanitary Server District No 42 as well as the City of Fort Collins, that the period of payment should be ten years it 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 saia sanitary sewer 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 ExOfficio City Treasurer, which said bonds shall bear date at such time as may be fixed by the Commissioner of Finance after the work of improve- ment 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 Sever District No 42, of the City of Fort Collins, and shall be payable in ten (10) annual installments, ten per cent (10%) thereof pazrable 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 attestea by the fac simile signature of the City Clerk which said bonds shall be in denominations of Five Hundred Dollars ($500 00) each Each of said bonds shall be subscribed by the Commissioner of Safety and ExOfficio Mayoi 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 providea, said bonds shall be redeemable out of the moneys collected on account of assessments made for said improvement all moneys collected from said assessments or from the sale of bonds shall be credited to Sanitary Sewer District No 42, 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 L.�L_ inclusive, and shall be redeemable commeo-iDling one year after date tnereof, 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 ExOfficio 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 autority 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 SEWER DISTRICT NO 42 No The City of Fort Collins , in the County of Larimer3 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 or-EFe City Treasurer of said City, on the day of 19 , subject 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 and adopted April 6, 1920, and Ordinance No 7, 1921, relating to local public improvements , with interest thereon from date until payment at the late 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 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 42, 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, 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 Sanitary Sewer District No 42, 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 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 hereby certified and recited that every requirement of law relating to the creation of said Sanitary Sewer District No 42 the making of said local improvement and the issuance of this bond, has been fully complied with 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 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 ExOfficio 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 ATTEST Commissioner of Safety and ExOfficioMayor 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 improvement bond dated , 19 , issued for the construction of the local improvement known as Sanitary Sewer District No 42, provided this bond shall not have been heretofore paid Attached to Bond No City Clerk Section 6 The Commissioner of Finance and ExOfficio City Treasurer is hereby authorized and directed to have printed a sufficient number of bonds of the denomination of Five Hundred Dollars ($500 00) each, numbered from 1 to /,,I-- inclusive, as is required to meet the estimated cost of said improvement as herein provided, and when said bonds shall have been duly preparea, they shall be retained by the City Treasurer to be issued and delivc,red from time to time as hereinbefore provided Section 7 Whenever considered prudent by the City Treas- urer, he is hereby authorized and empowered, whenever funds may be in his hands to the credit of Sanitary Sewei District No 42, in- cluding six months ' interest on the unpaia 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 called and paid in their numerical order Section 8 Upon the taking effect of this ordinane, the Commissioner of Safety and ExOfficio Mayor is hereby authorized and empowered to advertise for bids for the construction of said improve- ment 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 Col- lins, and all bids received under said advertisement shall be sub- mitted 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 con- struction, 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 ExOfficio 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 enarge, 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 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 under 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 and 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 suspendea 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 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 tho right to reject any ana all bids which May be made by any person or persons for the construction of said improvements, and wnen 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 authorizea 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 42 shall have been completed and the same 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 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, whien said assessments when made and reported by the City b Engineer and approvedhe City Council , shall be assessed against the property in Sanitary Sewer District No 42, by an ordinance to be adopted as provided in Ordinance No 7, 1921 Section 10 For the purpose of paying for engineering and othe, clerical expenses and the cost of inspection, upon the approval of the City Council, the Commissioner of Safety and ExOfficio Playor 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 In troduced, read at length and adopted by the unanimous vote of all the menb6rs of the City Council this 4th day of October, A D 1924 Commissioner of etj aV Ex0 ficio Mayor ATTLS'T ity Clerk 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 foregoing ordinance, consisting of twelve (12) sections, was duly proposed and read at length at a regular meeting of the City Council held on the 4th day of October, A D 1924, and was duly adopted and ordered published in the Fort Collins Express-Courier a daily newspaper and tae 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 -7 7 0 day of October, A D 1924, said Ordinance No A / was duly published in the Fort Collins Express-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 aay of October, A D 1924 City Clerk