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HomeMy WebLinkAbout021 - 07/20/1925 - RELATING TO THE CREATION AND ORGANIZATION OF STORM SEWER DISTRICT NO. 8 (EMERGENCY ORDINANCE) ORDINANCE NO 2 , 1925, BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION ARID ORGANIZATION OF STORM SEWER DISTRICT NO 8, IN THE CITY OF FORT COLLINS, COLORADO, PROVIDING MR THE CONSTRUCTION OF THE IMPROVENEWI S THFP.EIN AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF CONSTRUCTION THEREOF WHEREAS, Under the authority and pursuant to the provisions of Ordinance No 7, 1921, the City Council on the 23rd dqy of Iuay,, A D 19250 duly passed and adopted a resolution providing for the organization of Storm Sewer District No 8, and designating the boundaries thereof and the lots and blocks therein, for the purpose of constructing a storm sewer line in said district, and WHEREAS, Thereafter the City Engineer and Commissioner of Torks dtly reported to the City Council the estimated cost of the said storm sever and the schedule of assessments upon the lots and blocks in said storm sewer district, and which said report and estimate further described the total area to be assessed in said district, consisting of 124,521 35 square feet, and the rate of assessment per square foot is $0 0257278 for the entire district, or $180 09 for a lot 140 feet by ZO f-at, and $96 48 for a lot 150 feet by 25 feet, and tns total estimated cost for the entire district is Three thousand two hundred three and 66/100 ($3203 66) Dollars) and AREAS, Pursuant to said resolution the City Clark 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 llth day of July, A D 1925, 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 , on said day, for the purpose of hearing all complaints or objections that may be made in writing concerning said proposed improvement by any owner or owners of real estate to be assessed in said Storm Sewer District No 8, or any persons interested, Before the final action to be taken on an ordinance creating and organizing the said district and autnorizing the inprovements to be constructsd therein, therefore -1- BE IT ORDAINED BY TH1,, CITY COUNCIL OF TIE CITY OF FORT COLLINS Section 1 That pursuant to the terms and provisions of Ordinance No 7, 1921, being an ordinance relating to local public improvements, there be and hereby is created and organized Storm Sewer District No 8, consisting of the following lots and blocks within the limits of said territory All of Block 18, and Lots 7, 81 92 10, 11, 122 13, 14, 19, 20 and 21 in Block 19, in the City of Fort Collins, and that the work of construction of said improvements in said now Storm Sever District No 8 consists of storm serer line, as per map/on file in the City Engineer's office, Section 2 That pursuant to the requirements of the resolution of the City Council adopted on the first day of June, A D 1925, due notice was given to the owners of property to be assessed in Storm Sewer District No 8, by due and lawful publication in the Fort Col.Lins Express-Courier, a daily newspaper of general circulation in the City of Fort Collins, and the official news paper of the City of Fort Collins, for two succ-essive 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 1Do be assessed in the proposed storm serer district, hersinabove described, twis number of installments, the time in which the cost wtoald be pajable, the rate of interest on unpaid and deferred install- ments, the extent of the district to be improved, together with the urobable cost per square foot as shown by the estimate of the City Engineer, and the total `s area of real estate to be assessed in said Storm Sewer District No 8, and t7e total cost for a lot 140 feet by 50 feet, and the total cost for a lot 150 f st by 25 feet, and to the further effect that on the llth day of July, A D 1985, 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 that ray be made and filed in writing, concerning said proposed improvement by the owner of any real estate to be assessed in said proposed district, and all pe^sons interested generally That the map, plans and spscifica*ions and estimate and all proceedings of the City Council in the premises are on file and can be seen and examined at the City Cleric'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 llth day of July, A D, -2- 1925, 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 storm 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 Storm Sewer District No 8, as mell as the City of Fort Col Ans, that Storm Sewer District Fo 8 in the City of Fort Collins be created, and providing for the construction of the improvements therein and authorizing the issuance of bonds to pay the cost of the construction thereof, Section 3 The City Council further finds that all the rsquiremerts of the ordinance respecting the resolutions and notices required by the same to be given in respect the r-to before the adoption of an ordinama orderilig said improvements, have been observed and complied with in all respects, and it is hereby ordered that the improvements in said storm sewer district, as provided for in the map, plans and specifications h>retofors adopted b$ the Jity Council and approved in this ordinance be and are hereby ordered to be constructede 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-Officro City Treasurer, which said bonds shall bear date at such time as may be fixed by the City Treasurer after the work of improvement has been cornrenced 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 Storm S-wer District No 8, 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 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 ($500 oo) Dollars each Each of said bonds shall be subscribed by the Commissioner of Safety and Ex-Officio Mayor and attested by the City Clerk with the corporate seal of the City and countersigned by the Commissioner of Finance and Ex-Officio City Treasurer, and registered with the City Treasurer, and shall -3- 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 assessments made for said improvements, all moneys collected from said assessments or from the sale of bonds shall be credited to Storm Sewer District No 8, and the funds so collected shall only be used for the payment of the lbork of construction of said improvements and the interest thereon Said bonds shall be numbered one to seven irclusive, 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 delivered by the City Treasurer on estimates and order of the City Engineer, signed and approved by the Commissioner of Safety and Ex-Off icio Mayor, when said estimates have been duly audited and approved by the City Council and ordered paid All of said bonds shall be absolutely due and payable ten (10)y%ars 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. Pursuant to the authority and power contained in Secticn 29 of Ordinance No 7, 1921, relating to local public improvements, the payment of all the bonds issued in pursuance of this ordinance are hereby guaranteed by the City of Fort Collins Said bonds shall be received at par in payment of said improvements. 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 STORM SEVIER DISTRICT NO 8 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 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, with interest thsr=on 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 cffice of the City Treasurer of the City of Fort Collins, upon presentation and surrender of the annexed coupons as they severally become due -¢ This bond i . issued for the purpose of payiL s the cost of the local improvement in Storm Sewer District No. 8 by virtue of and in full conformity with the amendment to Section 1 of Article XVII of the City Charter, passed and adopted 4pril 6, 1920, and Ordinance No 7, 1921, relating to local public improvements This bond is payable out of the proceAds and special assessments to be levied upon the real property situate in the City of Fort Collins in said Storm Sewer District No. 8, 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 accrued interest, is a lien upon the said real estate in the respective amounts to be appprtioned to said real estate, and to be assessed by an ordinance of said city, said lien having priority over all othsr liens, except otter bonds heretofore issued by said city, and the lien of general taxes, but payment of said bonds is gueffanteed 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 Storm Sewer District No 8, the making of said local improvement and the issuance of this bond, has been dully 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 valid, have happened, and been properly done and performed, and did exist in r,gilar and due time, form and manner as required by law. In Testimony *ersof, the said City of Fort Collins has caused this bond to be subscribed by its Commissioner of Safety and Ex-Officio Mayor, cointer- signed 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 fac simild signature of the City Clerk as of the day of , 19 Commissioner of Safety and Ex-Officio Mayor Countersigned ATTEST Commissioner of Finance and Ex-Officio City Treasurer City Clerk (Form of Coupon) No $ On the day of , 19 , the City of Fort Collins will pry 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 , 1925, issued for the construction of the local improvement known as Storm Sewer District No 8, 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 Treasur er is hereby authorized and dir-cted to have printed a sufficient number of bonds of the denomination of Five Hundred ($500 oo) Dpllars, each, nm-nbered from cne to ssven inclusive, as required to meet the estimated cost of said improvement as herein provided, and shen said bonds shall have been duly prepared, they stall be retained by the City Treasurer to be issued and delivered from time to time as hereinbefore provided. -5- Section 7 Menaver the City Treasurer has funds in his hands to the credit of Storm Sewer District No S. including six months' interest on the unpaid principal, he shall by advertisement once a week for three consecutive weeks, in the official newspaper of said City call in a switable number of said bonds of said district for payment, and at the expiration of thttty (30) days from the first publication of such notie-, interest on the 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 Connissiorer of Safety and Ex-Officio Mayor is hereby authorized and empowered to advertise for bids for the construction of said improvements in accordance with the map, plans and specifications heretofore adopted, which advertisement shall be for not less than ten (10) days in the official newspaper published in the City of Fort Collins, and all bids rdesived 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 samd equal to the amount of 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 when so warded under said contract shall be under the general control of the Commissioner of Public Works and in the immediate charge, control and sipervision of the City Engin>er, whose decision in all matters of dispute respecting 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 provision to the effect that it is subject to the provisions of the City Charter, and of the laws under which the City of Fort Collins exists, and of Ordinance No 7, 1921, and this ordinance, and that the agreed payment shall not exceed the estimate of the City Engineer and the amoint 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 -6- estate to be assessed for the improvement that the improvement is not being constructed in accordance with the contract, then the Citj Co ncil may consider the complaint and make skch order as nay be ,lust, and its decision shall be final The City Council bhall have the right to reject any and all bids which may be made by any person or persona, firms or corporation, for the construction of said improvements, and v�hen in the ,judgment of the City Council it shall be deemed to the beat 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 such work under the dir-ction, supervision and control of the Corunissirner of Works and the City Engineer, acting for said City Section 9 Vhhen said public improvement in Storm Sewer District No 8 shall have been completed and the same approved by the City Engineer, recommanded for ac^eptance by said officer, and duly accepted by the City Council of the City of Fort Collins, the cost ther--of 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, exclusive of public higaways, which sail assessments 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 8 by an ordinance to be adopted as provided by Ordinance No 7, 1921 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 Ex80fficio Mayor is authorized to advertise for not less than ten (10) days in the official newspaper of said City, and sell as many of said bonds as may be necessary and use the proceeds thereof for said purpose, and in accordance with the provisinasof Ordinance No 7, 1921 Section 11 This ordinance small 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. -7- Sec+ion 12 In the opinion of the City Coancil an emergency exis �s for the preservation of the public hsalth, peace and safety, and this ordinance small 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 Chart-r Introducsd, read at length and adopted by the unanimous vote of all tns members of the City Council this JBth day of July, A D 1925 '4 � ;v'��� CdAmnissioner of ty and 3 fficio Tlay or ATTEST ity Clerk. STATE OF COLORADO ) SS COUNTY OF LARIM ) I, A J ROSr^NOw, City Cler,, of the City of Fort Collins, do hereby certify and declare that the foregoing ordinance, consisting of twelve (12) sections, vas duly proposed and read at length at a ragtilar a meeting of the City Council held on the ilith day of July, A D 1925, and wa duly adopted and ordered published in the Fort Collins Express-Coari-r, a daily newspaper and the official newspaper of the City of Fort Collins, by the unanimous vote of all members of the Coancil, as an emergency ordinance, in accord- ance with the provisions of Sections 6 and 7 of pticle IV of the City Charter, and theraafter on to-wit the 2 '"d day of LA G �said Ordiance No. was duly published in the Fort rollia E press-Courier, a daily newspaper published in the City of Fort Collins, Colorado. IN WITNESS wH-OF, I have braunto set my hand and affixed the seal of said City this .2 2 - day of , A. D 1925. ity Clerk.