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HomeMy WebLinkAbout019 - 08/27/1927 - RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT NO. 45 (EMERGENCY ORDINANCE) ORDINANCE NO , 1927, BEING AN EMERGENCY ORDINANCE RELATING 0 THE CREATIGN AND ORGANIZATION OF SANITARY SEVTER DISTRICT NO 45, PROVIDING FOR THE CONSTRUCTION OF THE IMPROWEMENTS THEREIN AIN} AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF CONSTRUCTION THEREOF AREAS, Under the authority and pursuant to the provisions of Ordinance No 7, 1921, as amended by Ordinance No 9, 19269 the City Council on the 9th: day of July, A D 19279 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 sanitary seer line in a district composed of Lots 11, 21 and 22 in Block 11, and Lots 1, 30 50 7 and 9 in Block 12, in the City of Fort Collins, Colorado, and VMMF,AS, On the 23rd day of July, 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 districrt, and which said report and estimate further described the total area to be assessed in said sanitary sewer district , consisting of 59,811 23 square feet , and the rate of assessment per square foot of $0 0289768, and the estimated cost for a lot 50 feet by 140 Peet is $202 84, 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 be had on the 27th day of August, A D 1927, by the City Council at a regular meeting thereof to be held in the Council Chamber in the City Hall in the 01V 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 -1- made in writing by any owner or owners of real estate to be assessed in said Sanitary Sewer District No 45, 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 in writing concerning the proposed improvement have been filed with the City Clerk, therefore: BE IT ORDAINED BY THE CITY COIINCIL OF THE CITY OF FORT COLLINS Section 1. That pursuant to the terms and provisions of Ordinance No 7, 1921s, 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 45, oon- sisting of all the property in Lots 11, 21 and 22 in Block 11, and Lots 1, 30 50 7 and 9 in Block 12, in the City of Fort Collins , Colorado, and that the work of eonstruntiam of said improvements in said Sanitary Sewer District No 45 consist of a main sewer line and branches as per map on file in the office of the City Engineer Section 2. That pursuant to the requirements of the resolution of the City Council adopted on the 23rd day of July, A D 1927, due notice was given to the owners of property to be assessed in Sanitary Sewer District No 45, by due and lawftl publication in the Fort Collins Express-Courier, a daily newspaper of the City of Fort Collins, for two successive weeks, once each week, as shown by the proof of publication on file in tjae office of the City Clerk, which said notice was to the owners of property to be assessed in the proposed sanitary sewer district, hereinabove described, 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 shown by the estimate: of the City Engineer, and the total area -2- of real estate to be assessed in said Sanitary Sewer District No 45, and the total cost for a lot 50 feet by 140 feet is $202 84, and to the further effect that on the 27th day of August, A D 1927, at the hour of eight o 'clock in the forenoon, in the Council Chamber of the City Hall in the City of Fort Collins, the City Council would hear and consider all complaints and objections tint may be made andifiled in writing, concerning said proposed improvement by the owner of any real estate to be assessed in said proposed district, and all persons interested generally, that t?3e map, plans and specifications and estimate and all proceedin8s 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 (30 ) days by any person interested That pursuant to said notice, on the 27th day of August , A D 1927, at the hour of eight o 'clock in the forenoon, the City Council proceeded to hear any objections that might have been made and filed respecting said proposed sanitary sewer district,, and no objections having been filed, the City Council proceeded to determine it was for the best interests of the taxpayers in said Sanitary Sewer District No 45, as well as the City of Fort Collins, that Sanitary Sewer District No 45 in the City of Fort Collins be created, and providing for the construction of the improvements therein and authorizing the issuance of bonds to Fay the cost of the construction thereof Section 3 The City Council further finds that all the requirements of the ordinances 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. Sanitary Sewer District No 45, as provided for in the map, plans and sp eoificat ions heretofore adopted by the City Council and approved in this ordinance be and are hereby -3- 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 of the City of Fort Collins, which said bonds shall bear date at such time as may be fixed 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 45, of the City of Fort Collins, and shall bear interest at the rate of five (5%) per cent 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 Two �l��r, �r e d ( Z o O i ) Dollars each. Each of said bonds shall be subscribed by the Commissioner of Safety and Ex-Officio Mayor, countersigned by the Commissioner of Finance and Ex-Offieio 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, as provided in Ordinance No, 7, 1921, as amended by Ordinance No 9,1926 may sell said bonds to pay such cost in cash,-/Said bonds shall be redeemable out of the moneys colleated 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 45, 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 - Z inclusive, and shall be redeemable, conseeut1welay, according to number and in the order of issuance Said bonds shall only be issued and delivered by the City Treasurer on estimates and crder 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 -4- 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 cdll 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 Seoti cn 29 of Ordinance No 7, 19210 relating to local public improvements, as amended by Ordinance No 9, 1926, the payment of all the bonds issaad in pursuance of this ordinance are 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 CU LOR ADO CITY OF FORT COLLINS SANI TAR Y SEWER DISTRICT NO 45 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 y Treasurer of said City, on the day of , 19 , subject to call and payment, however, at any ime 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 local public improvements, as amended by Ordinance No 9, 1926, with interest thereon from date until payment at the rate of five (5%) per cent per annum, parable semi-annually on the day of and the day of , at the office of the City reasurer of Me ZMy of Port Collins , upon presentations 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 45 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 bound 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 45, especially benefitted by said improvement, and the amount of the assessment so to be made upon the real estate in said district for the payment thereof, with aocraed interest , is a lien upon the said real estate in the respective amounts to be appoltioned -5- to said real estate, and to be assessed by an ordinance of said arty, 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 improvement,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 45, the making of said local improvement and the issuance of this bond, has Been fully complied with by the proper offiaers 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-Offielo Mayor, eou.ntersigned by its Commissioner of Finance and Ex- Offioio 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 fac simile signature of the City Clerk as of the day of , 19 Commissioner of Safety and RR-Officio Mayor COUNTIMSIGNED- omn ssi one r of Finance and Ex-Officio City Tr ea sure r ATTEST city Clerk, (Form of Coupon) No —Sn the day of , 19 , the City of Fort Collins will pay--fo-the bearer Dollars in lawful money of the United States, at the office o e ity Treasurer of Fort Collins, Colorado, being six months' interest as its local improvement bond sated , 19 27, issued for the construction of the local improvement nown as Sanitary Sewer District No 45, provided this bond shall not have been heretofore paid Attached to Bond No City Clerk Section 6, The Commissimer of Finance and Ex-Offielo City Treasurer is hereby authorized and directed to have printed a sufficient number of bonds of the denomination of 7—wD Hundred Dollars each, numbered from 1 to inclusive: as is required to -A- meet the estimated cost of said improvements as herein provided, and when said bonds shall have been duly Xepared, they shall he 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 Rinds may be in his hands to the credit of Sanitary Sewer District No 45, 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 130) 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 improvements in aeeordane a with the map, plans and specifications heretofore adopted, whic& advertisement 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 rejeetian , 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 aonstra.cstion wImm 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 respecting -7- compliance with this ordinance and the contract made tbereunder, and the plans and spe creations , 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 thi ordinance, and the provisions of Ordinance No 7, 1921, relating to local public improvements, as amended by Ordinance No 9, 1926, and that the agreed payments shall not exceed the estimate of the City Engineer and the amount appropriated, and that upon ten (10) days' notice the work under said contract, vd.thout cost or claim against the City of Fort Collins, may be suspended for substantial cause and upon complaint of any ovmer of real estate to be assessed for the improvements that the improvements are not being constniated in aoeordance with the contract, then the City Council may consider the complaint and nuke 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 madi in bonds of the said district to be accepted by the contractor at par, or vihether payment shall be made to the contractor in money, all at the option of the City Council The City Ceuneil 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 Council it shall be deemed to the best interests o f)said City of Fort Collins, the said City Council is herely 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 45 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 Fart Collins, the -0- 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 by the City Council, shall be assessed against the property in said Sanitary Sewer Distriat No 45 by an ordinance to be adopted as provided by Ordinance No 7, 1921, as amended by Ordinance No 9, 19269 Section 10 This ordinance shall be irrepealable until the indebtedness herein provided for , whenever the same shall be created, shall have been duly paid, satisfied andAis charged 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 Introduaed, read at length and adopted by the unanimous vote of all the members of the City Coumil this 27th day of August , A D 1927 Cordmissroner o of an -Of io ayor ATTEST C*ty er -9- STATE OF COLORADD ) SS COUNTY OF LARINER ) I, A J ROSELVOW, City Clerk of the City of Fort Collins, do hereby certify and declare that the foregoing ordinance oonsi st ing of eleven (11) sections was duly proposed and read at length at a regular meeting of the City Council held on the 27th day of August, 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 cf Fort Collins, by the unanimous vote of all the members of the City Council, as an emergency ordinance in aceordanoe with the provisions of Sections 6 and 7 of Article IV of the City Charter of the City of Fort Collins, and thereafter and on to-wit the '.�y day of , 1927, said Ordinance No / 9 was duly published 9the, 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 QJU dday of August A D 1927 U1ty Clerk -10-