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HomeMy WebLinkAbout007 - 08/16/1909 - PRESCRIBING AND ESTABLISHING FORT COLLINS SANITARY SEWER DISTRICT NO. 28 ORDINANCE NO. OF THE SERIES OF 1909. "AN ORDINAF40B PF.ESCRIBING AIL ESTABLISHING FORT COLLINS SAYIT,RY SEWER DISTRICT NO. 28, AtTD ORDEFING THE CONSTFUCT:ON OF A SANITARY SMR THEREIN, AND DEGLARIPTG THE NECESSITY THEREFOR. " 1FIEREAS, on the lst day of Lay A. D. 1909. , in pursuance of an act of the general assembly of ti,e State of Colorado, entitled "An act to pro- vide for t-I:e construction of local improvements in cities of all classes having a population of less than one hundred thousand, and incorporated towns, the issuance of local im- provement bonds therefor and the assessment and payment of the cost of said ir:_provements, " approved April S. 1899, by reso- lution duly adopted by the city council of the city of Fort Collins, the construction of a district sanitary sewer in and for the sanitary sewer district of the city of Fort Collins hereinafter described, under and by virtue of the provisions of said act, was declared essential to the proper sanitation of said district and city, and therefore necessary for sani- tary reasons, and the city engineer was duly authorised to prepare plans and specifications for the construction of said impravement , and an estimate of the cost thereof, together with a map of said district, and a schedule showing the appro- ximate amounts to be assessed upon the several lots and parcels of property in said district as required by sections 3 qnd 15 of said act, and to report the same to the city council for consideration; and, TMEREAS, In pursuance of said authority, the city engineer upon the U st day of une , 19C9, made his report in the premises to the city council, and filed therewith plans and specifications for the construc- tion of said improvements, together with his official estimate, map and schedule required by said resolution and by law, said estimate showing a total probable cost of Three Thousand Seven :'undyed Fifteen Dollars and Twenty Cents (ti3715. 20) for said improvement, and said schedule showing approximate amount to be assessed upon each of the several lots or parcels of property within said district to be at the rate of three and eight-tenths mills (',%0038) per square foot ; said estimate being exclusive of the cost of inspection, collection, incidentals, and interest; -nd, ^'.ERAS, By resolution duly adopted on said last mentioned date by said city council, said plans and speci- fications, estimate and map, were adopted and approved, and said city council determined the number of installments and the time in which the cost of said improvements should be payable, the rate of interest on unpaid installments, the district of lards to be assessed for the same, as provided by said act, and authorized the City Clerk to give notice by advertisement for twenty days to the owners of the property to be assessed for said improvements; and, YHBREAS, In pursuance of said resolution the City Clerk has by advertisement for twenty days in the Fort Collins Courier, a weekly newspaper of general circulation published in said city, given notice to the owners of pro- perty to be assessed, of the kind of improvements, proposed as aforesaid, the number of installments and the time in whh 2 which the cost will be payable , the rate of interest on unpzid and deferred inst^llments, the extent of district to be improved as aforesaid, the probable cost per square foot as shown by the estimates of the City Engineer, and the time, to-wit , August 2, 1909, at 7:30 P. Tf. , the same being more than thirty dgys after the first publication of said notice, when an ordinance ordering the construction of the said improvement would be finally considered; that said plans and specifications, map , estimate and schedule, and all resolutions and proceedings in the premises were on file and could be seen and examined by any person interested at the office of the City Clerk at any time within the said period of thirty days, and until the time fixed, as afore- said, for the consideration of said ordinance ; and that all complaints and objections that may be made in writing con- cerning said proposed improvements, by the owner or owners of any piece of real estate to be assessed therefor, would be heard and determined by the city council before final action thereon; and, "HEREAS, no complaints or objections have been made in writing by the owner or owners of property to be assessed gor the cost of said improvements, now, therefore, upon consideration of the premises; Be It Ordained by the City Council of the City of Fort Collins, Colorado; Section 1. That the construction of a district sanitary sewer in the district hereinafter described is, and the same is hereby declared necessary for sanitary reasons. 7 Sec. 2. That the construction of a district sani- tary sewer in the district hereinafter described, together with all necessary manholes, inlets, appurtenances, according to the plans and specifications heretofore adopted by said City Council, and on file in the office of the City Clerk be and the same is hereby ordered, under, by virtue of, and in accordance with the provisions of said act of the general assembly, and said plans and specifications are hereby pre- scribed for said construction. Sec. Z. That the said district shall consist of the following described real estate: All of Blocks 1, 2, 3, 4 and 5, Scott-Sherwood Addition to the city of Fort Collins, in accordance with the plat of said addition now on file in the office of the County Clerk and Recorder of Larimer County, Colorado; and the said district is hereby created and established and shall be known as Fort Collins Sanitary Sewer District No. 28. Sec. 4. The cost of said sanitary sewer, includ- ing manholes, inlets, connecting mains and appurtenances, with interest, shall be assessed wholly upon all real estate in said district, exclusive of public highways, in pro- portion as the area of each piece of real estate in said district is to the area of all real estate in said district, exclusive of public highways, in accordance with said act. Said cost will be payable in two equal annual installments, the first of which installments shall be due and payable in one year from the next succeeding date after the passage 4 of the assessing ordinance, when by the laws of the state, general taxes, or the first installment thereof are payable, and the second installment of principal one year after such date, with interest meantime on all unpaid installments payable semi-annually on the date when installments of principal are due and six months thereafter at the rate of six (6,d.') per cent per annum. The rate of interest on un- paid and delinquent installments will be the same as provided by law for unpaid and delinquent taxes. Sec . 5. The construction of said sewer shall be done by independent contract, but under the direction of the city engineer, said contract to be let by the mayor with the approval o= the city council, in the manner prescribed by said act, but no contract shall be let for any amount ex- ceeding the estim^te made by the city engineer. Said con- tract shall contain the provisions reghired by section 39 of said act, and be subject to all the provisions of said act. Sec. 6. If any piece of real estate has already a sewer conforming to the general plan of said sanitary sewer, or which the city council may find to be satisfactory, an allowance may be made therefor to the owner, the same to be deducted from his assessments and from the contract price, and said contract shall so provide. Sec. 7. Said sewer shall be paid. for in warrants of the city of Fort Collins, which shall be payable out of the funds collected on account o the assessments made for said improvement. Said warrants shall be of such date, in such form, payable at such times and in such denominations 5 i as may hereafter be ,rescribed by the city council, and shall be executed, issued and disposed of, and otherwise dealt wit4, as in Sections 35, 36 and 37 of said act prescribed. Said warrants shall bear interest at the rate of six per cent per annum. Sec. B. The mayor is hereby authorized to advertise in the manner required by law, for bids for the construction of said sewer, in accordance with said plans and specifications, and subject to the provisions of law and of this ordinance. The right to reject any and all bids shall be in said advertise- ment and is hereby reserved. Sec. 9. The city council does hereby find that notice of said proposed improvement was duly given to the owners of the .,roperty to be assessed therefor, as provided in said act; that the improvement herel)y ordered is so duly ordered after notice duly given; that all the real estate trithitCthe limits of said district ii e,apecially benefitted by the construction of said sewer. Passed and adopted, signed end app- ved is day of �6v✓�r , A. B. 1909. Mayor. Attest : ' City Clerk.