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HomeMy WebLinkAbout034 - 12/24/1927 - RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT NO. 47 (EMERGENCY ORDINANCE) ORDINANCE NO 4, 19271, BEING AN EMERGENCY ORDINANCE REL.-TING TO THE CREATION AND ORGANIZATION OF SAITITARY SL17FM DISTRICT 110 47, PROVIDING MR THE CONSTRUCTION OF THE IIIPROMENTS THEREIN AND AUTIIORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF CONSTRUCTION THFREOF Sff=EAS, Under the authority and pursuant to the provisions of Ordinance No 7, 1921, as amended by Ordinance No 9, 1926, the City Council on the 8th day of October , A D 1927, 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 purpose of constructing a trunk line sanitary sewer of such size as may be determined necessary to take zaxe of the sewage with lauerals therefrom, to serve the said district , vnth manholes at each of said street intersections , in a district coripcsed of all of Babbitt 's Addition, all of Kenwood Heights, all of Westlawn Addition, Blocks 3, 4 and 5. of Prospect Place , Block 8, West Half of Block 9 and Block 11 of Scott-Sherwood Addition in the City of Fort Collins , Colorado , and vIHEREAS, On the: 19th day of November, A D 1927 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 estimaue further described the total area to be assessed in said sanitary sewer district and the total cost of the said district as follows That the total cost of said a-mprovements is estimated by the City Engineer to be $56,510 62 Said district is created for the purpose: of constructing the trunk line for -1- Block 1, Babbitt Addition 66389 85 sq ft Block 2 , " it 224136 00 sq ft. Block 3, " " 231258 00 sq ft Block 4, IT TM -98997 88 sq ft Total area in sub.distriot — 920781 73 sq ft as well as the complete trunk line and lateral system for Block 1, West Lawn Addition 171072 20 sq ft. Block 2, West Lawn Addition 169540 80 sq ft Block 3, West Lawn Addition 168009 40 sq. ft Block 4, West Lawn Addition 243200 00 sq. ft. Block 5, West Lavin Addition 243200 00 sq ft. Block 6, West Lawn Addition .243200 00 sq ft Block 19 Kenwood Heights 87132 99 sq ft Block 20 " it 80176 00 sq. ft Block 3, " " 80895 04 sq. ft. Block 40 " " 114911 90 sq ft Block 50 " " 109400 00 sq. ft, Block 6, " " 111484 98 sq. ft. Block 39 Prospect Place 9110156 60 sq ft. Block 4, it IT 104864 00 sq ft Block 5, tt IT 105748 79 sq ft Block 8, Scott-Sherwood Additicau 152000 00 sq ft. W 2 Block 9, Scott-Sherwood Addition 76000 00 sq ft Block 11, Scott-Sherwood Additicni 150803 00 sq ft Total area in district exclusive of sub-district is 2521795 70 square feet For the purpose of assessment Block 1, Babbitt Addition Block 2 Babbitt Additim , Block 3, Babbitt Addition and Block 4 Babbitt Addition shall be known as Sub-District No 1 The total cost of the district as shown by the estimate made by the City Engineer is $56,510 62 and of this amount of $56 510 62 the City owing to connecting other sewer districts with this district, is to pay 34% of the trunk line cost estimated to be $20 950 58 or $7,123 20 Total area in Sub-District No 1 of Sanitary Sewer District No 47 is 620781 73 square feet and the rate is $ 008021 per square foot The total area in Sanitary Sever District No 47, exclusive of Sub-District No 1, is 2521795 70 square feet and the race is $0 017609 per square foot The cost of a lot 50 feet by 140 feet in Sub-District No 1 of Sanitary Sewer District No 47 is $56 15, and v s the cost of a lot 50 feet by 140 feet in Sanitary Sewer D21triet No 47, exclusive of Sub-District No 1, is $123 27 The estimated cost to Sub-District No 1 of Sanitary Sewer District No 47 is $49,979 58, the -2- estimated cost to the City is $7,123 20 and the estirated cost to Sanitary Sewer District No 47, exclusive of Sub-District No 1 and the share to be paid by the City, is $44,407 84 making the total of $56,510 62, and WHEREAS, Pursuant to 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 he had on the 31st day of December, A B 1927 by the City Council at a regular meeting thereof to be held 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 by any owner or owners of real estate to be assessed in said Sanitary Sewer District No 47, before the final action to be taken on an ordinance creating and organizing said diswrict, and authorizing the improvements to be constructed therein, and WHEREAS, No complaints in writing concerning the proposed improvements have been filed with the City Clerk therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That pursuant to the terms and provismons of Ordinance No 7, 1921, being an ordinance relating to local public improvements, as amended by Ordinance No 9, 1926, there be and hereby is created and organized Sanitary Sewer District No 47, consisting of all the property as follows, to-wit All of Babbitt's Addition, all of Kenwood Heights, all of Vilest Lawn Addition, Blocks 3, 4 and 5 of Prospect Place Block 8, West Half of Block 9, and Block 11, of Scott-Sherwood Addition, in the City of Fort Collins, Colorado, and that the work of construction of said improvements in said Sanitary Sewer District No 47 consist of a trunk 1_ine sanitary sewer of such size as may be determined necessary to take. care of the sewage, with laterals therefrom, as per map on file in the office of the City Engineer, -3- Section 2 That pursuant to the requirements of the resolution of the City Council duly adopted on the 26th day of November, A D 1927, due notice was given to the owners of 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 required 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 proberty to be assessed and designated the kind of improvements. proposed the number of nnstallments 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 the further effect that on the 31st day of December, A D 1927, at eight o 'clock A M in the Council Chamber in the City Hall oi' the City of Fort Collins , the City Counc 11 would hear and determine all complaints and objections that might be made and filed in writing concerning the proposed improvements by the miner of any real estate to be assessed that in pursuance of the said notice the said City Council did sit to hear complaints at said meeting held on the 31st day of Decemoer, A D 1927 , and that no complaints in writing eoncerIIng the proposed improvements had then and there been filed with the City Clerk Section 3 The City Council finds that all the requirements- of the statute respecting the resolutions ana 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 an respects, and it is hereby ordered that the improvement of Sanitary Sewer District No 47 as pzovided for in the map , plans and specifications heretofore adopted by the City Council, and approved n_n this ordinance , be and they are hereby ordered to be constructed Section 4 For the purpose of paying the cost of saidi. -4- improvements , bonds of the City of Fort Collins are hereby authorized to be issued by the Commissioner of Finance and Ex-Officio Treasurer of the City of Fcrt Collins, which said bonds shall bear date at such time as may be fited by the City Treasurer 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 Sanitary Sewer District No 47 of the City of Fort Collins, and shall bear interest at the rate of four and one-half (4ifo) per cent per annum, payable semi-annually, said interest to Tie evidenced by coupons attached to the principal bond and attested by the fac simile signature of the City Clerk, which said borxls shall be in denominations of �,U . Hundred Dollais each Each of said b onds shall be subscribed by the Commissioner of Safety and Ex-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 reauired for the payment of the work herein provided, or the City Council, in its discretion, may sell said bona s t+ay such cost in cas%L, as provided in Ordinance No % 1921, as amended by Ordinance No 9, 1926 Said bonds shall be redeemable out of the moneys collected on account of the assessments made for said improvements , all moneys collected from said assessments or from the sale of bonds for said improvements shall be credited to Sanitary Sewer District No 47, 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 one to // S inclusive, and shall be redeemable, consecutively, according to number and in the 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- Officio Mayor, when said estimates have been duly audited and approved -5- 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, as amended by Ordinance No 9, 1926 Pursuant to the power and authority contained in Section 29 of Ordinance No i, 1921, relating to local public improvements, as amended by Ordinance No 9 1926, the payment of all the bonds issued in pursuance of this ordinance are hereby guaranteed by the City of Fort Collins Section 5 Said bondls and_ the coupons attached thereto shall be in substantially the following form UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLINS SANITARY SDTER DISTRICT NO 47 No The City of Fort Collins, in the County of Larimer, .and State of Coloiado, 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 a es, at the office of the City Treasurer of said City on the day of 1, 19 subject to call and payment , -low ever , at any time prior thereto, 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 locale public improvements, as amended by Ordinance No 9 1926, with interest thereon from date until payment at the rate of four and one-half (42 ) per cent: per annum, payable semi- annually, on the day of and the day of , at-'t'Fe office of the City=reasurer oty 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 Smitary Sewer District No 47 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, as amended by Ordinance No 9, 1926 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 417, especially benefitted by said improvements and the amount of the assessment so to be made upon the real estate in said di strict for the payment thereof, with accrued interest , is a lien upon the said real estate in the respective amounts to be apportioned upon the said real estate., and to be assessed by an ordinance of said City, said lien having priority over all other liens, emept 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 estimaue of the City Engineer, and the contract price for said improvements, nor -6- the amount authorized by law, and it is further hereby certified and recited that every requirement of law relathng to the creation of said Sanitary Sewer District No 47, 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 boni 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-Offieio Mayor, countersigried 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 fae simile signature of the City Clerk as of the day of 192 Commissioner of Safety and Ex-Officio Mayor COUNTERSIGNED Commissioner of Finance and Ex-Officio City Treasurer ATTEST City Clerk (Form of Coupon) No !-Tn the day of , 19_, the City of — Fort Collins will pay to the earer 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 , 192 , issued for the construction of the local improvement own as anitary Sewer District No 47, provided this bond shall not have been heretofore 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 �— nuigber of bonds of the denomin.at ion of -f -� Hundred ( < ) Dollars each, numbered from 1 to �� s inclusive, as is requm ed 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 bo be issued and delivered, from time to time, as hereinbefore 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 Sanitary Sewer District No 47, including six months ' interest on the unpaid principal, to advertise for five 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 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 improwements: in accordance with the map , plans and spe cificat ions heretofore adopted, which said advertisement shall not be less than ten (10) days in the official newspaper p-.blished 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 contact 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 vrhen 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, wiose decision in all matters of dispute respecting compliance Stith 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 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 -8- to local public improvements, as amended by Ordinance No 9 , 1926, and that the agreed payment shall not exceed the estimate of the City Engineer and the amount appi opriat ed, and that upon ten (10) days notice the viork 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 improve- ments that the improvements are not being constructed in accordame with the contract, then the City Council may consider the c anplaint and make such order as may be just, and its dec-ision 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 tie made by any person or persons for the donstruction of said improvements, and when iln 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 purchasing the necessary materials to do such work under the direction, supervision and control of the Commissioner of Public Works and the City Engineer acting for said city Section 9 When the said public improvements in Sanitary Sewer District No 47 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 said district, which said assessments when made and reported by the City Engineer and approved -9— • r by the City Council, shall be assessed against the property in Sanitary Sewer District No. 47 by an ordinance to be adopted as provided by Ordinance No. 7, 1921, as amended by Ordinance: No, 9, 1926; Section 10. This ordinance shall be irre.pealable until the indebtedness herein provided for., whenever the same shall be created, shall have been duly paid, satisfied and discharged as herein provided. Section 11. 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 Cou cif this 31st day of December, A. D. 1927.ATTES r--- Commissi //er of Safe %and - f icio Mayor. T: i y Clerk, STATE OF COLORADO ) SS. COUNTY OF LARII!1ER ) I, A. J. ROSENOW, City Clerk of the City of Fort Collins , do hereby certify and declare that the foregoing ordinance consisting of eleven (11) sections was duly proposed and read at length at a regula,.r meeting of the City Council held on. the 31st day of December, A.D.1927; 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 the 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 harter of the City of Fort Collins , and thereafter and on to-wit : the �3 - day of January, A. D. 1928, said Ordinance No. 3 �1_ was duly published in the Fort Collins Express- Courier, -a daily .newspaper published in the City of Fort Collins, Colorado. IN WITNESS 7IF.EREOF, I Pave hereunto set my hand and affixed the seal of said City this ,3 day of January, . D 1928, y Clerk, -10-