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HomeMy WebLinkAbout019 - 09/06/1924 - RELATING TO THE CREATION AND ORGANIZATION OF WATER MAIN DISTRICT NO. 1 (EMERGENCY ORDINANCE) ORDINANCE NO 1924, BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION AND ORGAN- IZATION OF WATER I41AIN DISTRICT NO 1, IN THE CITY OF FORT COLLINS, PROVIDING FOR THE CONSTRUCTION OF THE IMPROVEMENTS THEREIN AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF CONSTRUCTION THEREOF WHEREAS, Under the authority and pursuant to the provisions of Ordianance No 7, 1921, as amended by Ordinance No 13, 1924, the City Council on the 26th day of July, A D 1924, duly passe and adopted a resolution providing for the organization of a water main district and designating the boundaries thereof and the lots and blocks therein, for the purpose of constructing water mains with laterals therefrom in a district composed of all of L C Moore 's Third Addition, to-wit Blocks 1, 2, 3, 4, 5, 6, 7, 8 and 9 of said L C Moore 's Third Addition to the City of Fort Collins, Colorado, and 4HEREAS, on the 2nd 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 water mains for the pro- posed 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 $14,043 99, and described the total frontage to be assessed in said water main district consisting of 6,708 07 feet, and the rate of assessment per front foot of $2 0936, and the cost for a lot with a 50 foot frontage is $104 68, and WHEREAS, on the 2nd day of August, A D 1924, the City Council duly passed and adopted a resolution adopting the said report, map, plans, specifications, details and estimate of the CityEngineer, and authorized the publication of notice to the owners of all real estate in the proposed district, ana 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 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 6th day of September, 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 the proposed improvements by any owner of real estate to be assessed in said 'Water Main District No 1, 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, aii sw 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 1, con- sisting of all of L C Moore 's Third Addition, to-wit Blocks 1, 2, 31 4, 51 6, 7, 8 and 9 of said L C Moore 's Third Addition to the City of Fort Collins, Colorado, and that the work of con- struction of said improvements in said Water Main District No 1 consist of water mains and laterals as per map on filef in the office of the City Engineer Section 2 That pursuant to the requirements in the resolution of the City Council adopted on the 2nd day of August, A. D 1924, due notice was given to the owners of property to be assessed in said Water Main District No 1, by due and lawful publication in the Fort Collins Express-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 to be assessed in the proposed water main district, composed of all of L C Moore 's Third Addition, to-wit Blocks 1, 2, 3, 4, 51 6, 71 8 and 9 of said L C Moore 's Third 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 as shown by the estimate of the City Engineer, and the total frontage of real estate to be assessed in said Water Main District No 1, and the cost per front foot, and to the further effect that on the 6th day of September, 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 improvements by the owner of any real estate to be assessed in said proposed district &t hat 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 auring business hours at any time within said period of th irty days by any person interested That pursuant to saia notice, on the 6th day of September, A D 1924, at the hour of eight o 'clock A M , the City Council proceeded to hear any objections that might have been filea respecting said proposed water main district, and no complaints or objections having been made or filed, the City Council i proceeded to determine that it was for the best interests of the taxpayers of said Water Main District No 1, as well as the City of Fort Collins, that the period of payment should be ten years in ten annual paymentse 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 11 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 Aett ($500 00) each Each of said bonds a4�LH be subscribed by the Commissioner of Safety and Ex-Officio Mayor and attested by the z 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 1, 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 7 Q_ 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 de- livered by the City Treasurer 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 bond hall 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 publidj improvements* Pursuant to the power and author,Kity contained in Section 29 of Ordinance No 7, 1921, as amended by Ordinance No 132 1924, relating to local public improvements, the payment of all ou�.cle the bonds issued in e 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 WATER MAIN DISTRICT NO 1 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, re- lating 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 th�ty 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 host of the local improvement in Water Main District No 1, by virtuegand in full conformity with the amendment to Section 1 of Article XVII of the City Charter, passed and adopted April 62 1920, and Ordinance No 72 1921, as amended by Orainance No 13, 1924, relating to local public improvements This bond is payable out of the proceeds and special assessments to be leviea upon the real property situate in the City of Fort Collins in said Water Main District No 1, especially lSn- efitted by said improvements, and the amount of the assessment/to be made upon the real estate in said District for the payment there- of 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 assessea by an ordinance of said city, said lien having priority over all other liens, except other bonds , heretofore issued by said ity, 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 to.-al 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 relating to the creation of said Water Main District No 1, 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 valia, have happened, and been properly done and performed, and di*xist in regular and due time, form and manner as required by law In Testimony 'Khereof, 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 Gity, 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 improvement bond dated 19 , issued for the construction of the local improvement known as Water Main District No 1, 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 .2 ' _ inclusive, as is required to meet the estimated cost of said improvement 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 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 1, 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, 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 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) r 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, 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 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 dispute fespecting 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 Citv 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 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 bids which may be made by any person or persons for the construction of r� 46 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 provide for doing such work by hiring parties by the day and to arrange for purchasing the necessary materials to do suen 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 1 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 frontage of each p�ce 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 1, by an Irdinance 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 and 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 Zen (10) days in the offical 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 71 1921, as amended by Ordinance No 13, 1924 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 Introduced, read at length and adopted by the unanimous vote of all the mebers of the City Council this 6th day of September, A D 1924 Comm ssio er of Sa a and Ex- icio Mayor ATTEST ty Clerk STATE OF COLORAD05 ) SS COUNTY OF LARDER ) I, A J ROSENOW, City Clerk of the City of Fort Collins, do hereby certify and declare that the foregoing ordinance, consisting g of twelve (12) sections, was duly proposed and read at le4h at a regular meeting of the City Council held on the 6th day of September, A D 1924, and was duly adopted and ordered published in the Fort Collins Express-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 with the provisions of Sections 6 and 7 of Article IV of the City Charter, and thereafter, on to-wit the day of September, A D 1924, said Ordinance No 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 �9 day of September, A D 1924. ity Clerk