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HomeMy WebLinkAbout012 - 06/12/1916 - RELATING TO THE CREATION AND ORGANIZATION OF STORM SEWER DISTRICT NO. 2 ORDINANCE NO _1916, RELATING TO THE CREATION AND ORGANIZATION OF STORM SEWER DISTRICT PTO 2 ESTABLISHING THE. BOUNDARIES OF SAID DISTRICT' PROVIDING FOR THE CONSTRUCTION OF THE STORM SEWER THEREIN AND AUTHORIZING THE ISSUANCE OF INTEREST- BEARING WARRANTS TO PAY THE COST OF THE CONSTRUCTION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That pursuant to a resolution adopted by the Cirty Council at a regular meeting thereof held on the / day of March A D 1916 it was ordered by the City Council that a storm sewer district be created under and in virtue of the authority contained in Chapter C of the Revised Statutes of 1908 concerning public improvements in cities and towns of less than one hundred trousand inhabitants and pursuant to said resolution the city engineer was authorized and instructed to prepare map plans and specifications of the proposed district together with the estimated cost of the work therein together with a schedule showing the approximate amount to be assessed upon the several lots or parcels of property within said proposed district and there- after pursuant to said resolution the city engineer did on the 17th day of April 1916 duly file with the city council a map plans and specifications with the estimated cost of of the improvements in said proposed Storm Sewer District No 2 that on said last mentioned date the city council by resolution did duly adopt the map plans and specifications and schedule of assessments prepared by the city engineer and that said Storm Sewer District No 2 be created and organized under and in pursuantle of Section 5374 of the -1. Revised Statutes of 1908 as follows to-wit To include the east half of blocks numbered 111 112 and 113 and the west half of blocks numbered 121 122 and 123 to be known as Storm Sewer District No 2 and that the work of construc- tion within said district consist of an eighteen-inch lino ^f vitr-fied clay pipe extending from the main storm sewer on Mountain and College Avenues south on College Avenue to manhole No 1 on the north line of Oak Street thence south as a fifteen-inch main to manhole No 2 on the north line of Olive Street which is the end of the proposed line to be constructed along the east side of College Avenue forty feet west of the east line of said avenue and to he placed eight (8) feet below the surface of the street two ( 2) manholes six (6) catch basins and eight (8) inlets to be constructed as provided in the plans and specifications adopted that the total estimated cost of said improvement is One Thousand Nine Hundred Ninety- three and 38/100 Dollars ($1 993 38) and the same was duly adopted in said resolution as the engineer' s estimate of the cost of the construction of said storm sewer and the expense of said district Section 2 That pursuant to the requirements of said last mentioned resolution adopted on the 17th day of April A D 1916 due notice was given to the owners of property to he assessed by due and lawful publication in the Fort Collins Horning Express a daily newspaper of general circu- lation published in the City of Fort Collins for a period of twenty (20) days 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 property to be assessed and designated the kind of improvement proposed the number of installments and the time in which the cost will be payable the rate/of interest on unpaid ana deferred installments the extent of the district -4^ improved together with the probable cost per square foot as shown by the estimates of the city engineer and to the further effnct treat on the 29th day of May A D 1916 at four o clock P M in the council chanber of the City of Fort Collins the city council would hear and consider all complaints and objec- tions that might be made and filed in writing concerning the proposed improvement by the owners of any real estate to be assessed that in pursuance of said notice the said city council did sit to hear complaints and no complaints in writing concerning said improvement had then and there been duly filed with the city clerk Section 3 The city council find that all the requirements of the statute respecting the ordering of said improvement and the resolutions andnotice required by law to be given in resroect thereto before the adoption bf an ordinance ordering said improvement have been complied with in all respects and it is hereby ordered that the improvement of Storm Sewer District No 2 by the construction of a storm sewer there..n as provided for in the map plans and specifications heretofore adopted by the city council and approved bj this ordinance be and is hereby ordered to the constructed Section 4 For the purpose of paying the cost of said improvement warrants of the City of Fort Collins are hereby autnorized to be issued signed by the Commissioner of Safety and Ex-officio Mayor and dulj attested with the corporate seal by the city clerk which said warrants shall bear date at such time as may be fixed by the Commissioner of Finance and Eg-officio Treasurer after the work of improvement has been commenced in said Storm sewer district and to be endorsed on the face thereof "Payable out of the assessments collected in Storm Sewer District No 2 'a and shall bear the name of said storm sewer -3- district No 2 on the fact thereof which said warrants shall be payable in five annual installments with interest at six per cent per arnum payable semi-annually on presentation to the city treasurer and shall be numbered consecutively as issued and shall be redeemable commercir- —_tIn No 1 and payable Thenever funds are available to the credit of Storm Sewer District No 2 for that purpose together with the accrapd interest thereon Section 5 whenever considdred prudent by the city treasurer he is hereby authorized and empowered whenever funds may be in his hands to the credit of said Storm Sewer District No 2 exceeding six months interest on the unpaid principal to advertise for five ( 5) days in the official newspaper of said city and call in a suitable number of warrants in said district for payment and at the expiration of thhrty (30) days from the first publication interest on the warrants so called shall cease The notice shall specify the warrants so called by number and all said warrants so issued shall be called and paid in their numerical order Section 6 Upon the taking effect of this ordinance the Commissioner of Safety and Ex-officio uiayiir is hereby authorized and empowered to advertise for bids for the construction of said improvement in accordance with the map plans and specifi- cations heretofore adopted which advertisement shall not be for less than ten (10) days in the official newspaper published in the City of Fort Collins and all bids received ender said advertisement shall be submitted to the city council for approval or rejectior and no contract shall be awarded in excess of the city engineer' s estinate of the cost of said improvement After the contract is awarded for construction the city council shall -4- require a bond for the faithful performance of the same of not less than twenty-five per cent (251a) of the contract price with sufficient surety or sureties to be approved by the Commissioner of Safety and Ex-officio 1ayor and the work of construction when so awarded under such contract shall be under the general control of the Commissioner of Public Works and the immediate control and supervision of the city engineer whose decision in all matters of dispute respecting compliance with this ordinance and the cor tract made thereunder 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 the acts under which the City of Port Collins exists and of this ordinance and that the aggregate payments shall not exceed the estimate of the city engineer and the amount appro- priated and that upon tan days` notice the work under said contract without cost or claim against the City of Port Collins ma,7 be suspended for substantial cause and upon complaint of any owner of real estate to be assessed for said improvement that flip improvement is not being constructed in accordance with the contract then the city council maj con- sider the complaint and make such order as may be just and their 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 said improvement and when in the ,judgment of the city council it shall deem it to the best interests of the City of Fort Collins said city council is hereby authorized and empowered to provide for doing such work by hiring parties by the day and to arrange for the purchasing of the necessary material to do such work under the direction supervision and control of the -5- Commissioner of Public Works and the city eng4nner acting for said city Section 7 When said public improvement in Storm Sewer District No 2 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 real estate in the district exclusive of public highways, which said assess- ments when made and reported by the city engineer and approved by the city council shall be assessed against the property in Storm Sewer District No 2 by an ordinance to be adopted as provided by law Section 8 For the purpose of paying the engineering and other clerical expenses and the cost of inspection upon the approval of the city council the Commis-loner of Safety and Ex-officio Mayor is authorized and empowered to advertise for not less than ten (10) days in the official newspaper tf said city and sell as many warrants as may be necessary and use the proceeds thereof for said purpose and in accordance with the provisions of Section 5393 of the Revised Statutes of 1908 Section 9 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 6 Introduced cVAwmrp& read and published hTay 29 1916 Passed and adopted this _,LL day of June A D 1916 Z,,17AAAJL& L( Commissio er o Sa e y and ATTEST Ex-officio Mayor h City Clerk STATE OF COLORADO } SS COUNTY OF IkRnMR ) I Ray Baxter City Clerk of the City of Fort Collins do hereby certify and declare that the foregoing ordinance consisting of nine (9) sections duly proposed and read at length at a meting of the City Council held on the 29th day of May 1916 was duly ordered by "aye" and "nay" vote to be published in the Fort Collins Express a daily newspaper of the City of Fort Collins in accord- ance with the provisions of Section 7 of Article IV of the City Charter that thereafter and onr to--Vit the day of June 1916 at a reevla r meeting of the City Council said ordinance came before said Council on its final passage a period of more than ten days having elapsed since the publication as set forth and that said ordinance was upon second reading adopted as an ordinance and thereafter and on to-wit the / j day of 1916 said Ordinance No _ 1916 as finally a sed and adopted was duly published in the Fort Collins Morning Express a daily newspaper published in the City of Fort Collins Colorado In Witness Whereof I have hereunto set my hand this L� day o"lay ) A y 1916 i City Clerk