HomeMy WebLinkAbout015 - 05/23/1925 - RELATING TO THE CREATION AND ORGANIZATION OF WATER MAIN DISTRICT NO. 4 (EMERGENCY ORDINANCE) t
ORDINANCE. ITO. LS , 1025,
&^I7G eN EgTRMNCY ORDINANCs RMATING TO THE CRrATIr1" A''-r CRGANTIZATION OF
1"=7R MI.IN DISTPICT 'TO. 4, IN T111 CITY OF FORT COLLIPS, PROVIDING MR 771
CONSTRJCTION OF TH'I I1TPROV"MT?NTS TDI7R3IN MD AtTDRIZI11M TEM ISSTTEµTCE OF
PONDS TO PAY TH-, CO'7T OF CO:TTMCTION T112770F.
MTEfi S, Under the authority and pursuant to the provisions of
Ordinance No. 72 1921, as a:anded by Ordinance ?To. 13, 192,1, the City
Council on the 28th day of MTsrch, A. D. 1925, duly paused and adopted a
resolution providing for the organization of a water main district and
designating the boundaries thareof and the lots and blocks th=rein, for the
1,ur.;:-,a of constructing avatar mains with laterals therefrom in a district
cemposad of Blocks 8 and 11, Scott-Sherwood Addition to the City of Fort
Collins, Colorado; and
Wh7-prAS, On the 18th day of April, A. D. 1925, the City -riginear
duly reported to the City 7ouncil map, plans, specifications and estimated
cost of the construction of w a+er mains for the proposed district, and the
schedule of assessments upon the lots and blocks in said water main district,
and which said report estimated the total cost to be $4187.21, and described
the total frontage to be assossed in sn.id water main district consisting of
1588.7 feet, and the rate of assessment par front foot of $2.63562, and the
cost for a fifty foot lot frontage is $131.78; and
On the 18th day of April, A. D. lV25, the City Council
duly passed and adopted a resolution adopting the said report, map, plans,
specifications, details and estimate of the City 7ngina^r, and autl:orizad
the publication of notica to the owners of all real estate in the proposed
district, and to all parsons interested generally, fixing the time of hearing
when t::a City Council would consider the ordering by ordinance of the
proposed improvements; ank
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ryll zpS, Pursuant to said resolution, the City Clerk caused notice
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 23rd day of May, A. D. 1925, by the City Council at a
regular muting th=r=of to be held in the Council Chamber in tba City Hall
in the City of Fort "ollins, at the hour of eight o'clock A. M. of said day,
for the purpose of he-ring all com;_.laints or objections that may be made in
writing concerning the proposed improvements by any cwnara of real estate to
be aseassad in said Water Main District ido. 4, or any persons interested,
before the final action to ba taken on an ordinance creating and organlaigg
said district and authorizing the improvements to be' constructed therein, and
WIMIrtAS, Cc com•,laints or objections have bean made or filed
concerning the proposed improvements; tharefora
HE IT 'RDAI MD BY V: CITY CM7CT_L ^F T_ CITY OF corm COLLI'T:
Section 1. That pursuant to the tarme and provisions of Ordinance
No. 7, 1921, as amended by ordinance No. 13, 1924, being an ordinance relating
to local public improvements, there be and her>by is created and organised
?water Main District No. 4, consisting of :=locks 8 and 11, Scott-Sherwood
Addition to the City of Fort Collins, Colorado, and that the work of
construction of said improvements in said Water Main District No. 4 consist
of water mains and laterals as per map on file in the office of the City
Fnginear.
Section 2. That pursuant to the requirements in tla resolution
of the City Council adopted on the 18th dw of April, A. D. 1925, due notice
was given to the owners of property to be assessed in said Water Main
District No. 4, by due and 1w.vful publication in the official newspaper
of the City of Fort Collins, to-wit: the Fort Collins :.xpress-Courier, a
daily newspaper of general circulation in the City of Fort Collins, for
two weeks, once >ach weak, as shown by the proof of publication on file in
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the office of the City Clerk; which said notice wee to the owners of
property to be assessed in the proposed water main district, composed of
Blocks 8 and 11, Scott-Sherwood Addition to the City of Fort Collins,
Colorado, and to all persons interested generally, and designating the
kind of unproven ent proposed, 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 and assessed, together
with the probable cost as shovel by the astim to of the City Engineer, and
the total frontage of real --state to be assessed in Water Main District
No. 4, and the cost per front foot, and to the farther effect that on the
23rd day of May, A. D. 1925, at eight o'clock A. 14. in the Council Chmnber
of the City Uall in the City of Fort Collins, the City Council would
consider the ordering by ordinance of the proposed improvements, and hear
and determina all complaints and objections that may be -ads and filed in
writing concerning said proposed improvements by the owner of any real
estate to be assessed in said propcsad district, or any persons interested;
and that the map, plans and specifications and estimate and all proceedings
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 tine
within said period (being not less than tarty days) by any person
interested. That pursuant to said notice, on the 23rd day of Play, A. D.
1925, at the hour of eight o1cloek A. DA. the City Council proce?ded to hear
any objections that might have been filed respecting said proposed water
wain district, and no comrlaints or objections Laving been made or filed,
the City Council proceeded to determine that it was for the best interests
of the taxpayers of said Water Main District No. 4, as well as the City of
Fort Collins, that the eriod of .N�t should be tan years in ton annual
payments.
Section 3. The City Council further finds that all requirements
of the ordinance respecting the resolutions, and notices, required by the
same to be given in raspect thereto bafors the adoption of an ordinance
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ordering said improvements, have been obsarvad and compliad with in all
respects, and it is hereby ordered that the improvements in seid water main
district, as -provided for in the map, plans and specifications heretofore
adopted by the City Council and a proved in this ordinance be and are hereby
ordered tot® constructed.
Section 4. For the uurposs of iaaying the cost of said improvements,
bonds of the City of Fort Collins are hereby authorised to be issued by the
Corsrission3r of Finance and Fx-Officio City Treasurer, which said bonds shall
bear date at such time as may be fixed by the Commissionar of Finance after the
work of improvement has been co=anced 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 b=nds
shall bear the name of Water Main District No. 4, of the City of Fort Collins,
and shall be payable in tan (10) annual installments, ten per cent (1C%.)
thereof payable in each and every year during said period, and shall bear
interest at the rate of six per cent (61d'�) per annum, payable semi-annually,
said interest to be evidenced by co-opons attached to the principal bond and
attested by the fac simile signature of the City Clerk, ,Mich said bonds
shall be in danomdnations of Five Hundred ($500.00) Dollars each. Each of
said bonds shall be subscribad by the Cc=Assiom r of Safety and Ex.Officio
Mayor and attested by the City Clerk with the corpor§.ta seal of the City
and countersignad by the Cocmissioar of Finance and �:x-Gfficio City Treasurer,
and registerad with the City Treasurer, and shall be delivarsd from time to
time as required for the payment of the work harein provided. Said bonds
shall be redeemable out of the moneys collected on account of assessments
made for said improvements; al: monsys collected from said assessments or
from t'ra sale cf bonds shall be credited to Water Main District P1o. 4, and
the funds so collected shall only be used for the payment of tha work of
co-straction of said improvements and the interest thereon. Said bonds
shall be numbered from 1 to - ra
Z inclusive, and shall be radeaable
commencing one y3ar after date thereof, consecutively, and according to
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number and in order of issuance. Said bonds shall only be issued and
delivered by the City Traasurer on sstirrates and order of the City
rngin3ar, signed and approved by the Commissbnar of Safety and L'x-Officio
'?ayor, when said estimates have been duly audited and af;provad by the City
Council and ordered paid. All of said bonds shall be absolutely due and
payable tan (10) years from the date of issue but shall be subject to call
and payment at any time prior thereto, as provided in Ordinance 10. 7, 1921,
relating to local public improvements. Pursuant to the power and authority
contained 1n Section 29 of Ordinance No. 7, 1921, as amended by Ordinance I-To.
13, 1924, relating to local public improvements, the payment of all the
bonds issued in pursuance of this ordinance is hereby guaranteed by the City
of Fort Collins. Said bonds shall be received at par in payment of said
improvements.
Section S. Said bonds and the coupons attached thereto shall be in
substantially the following form:
UNIT7D STA77S OF AT7RICA
9TAT7 OF COLORADO
CITY OF FORT COLLINS
TA77R 'TAIY DISTRICT PTO. 4.
No.
The City of Fort Collins, in the County of Larim3r and State of
Colorado, for value received, ack ncwl3dgas itself indebted and hereby promises
to pay to the bearer hereof the sin of M Dollars in lawful money of
the United States, at the office of the City Treasurer of the said City, on
the _ day of , 19 , subject to call and payment,
however, at any time prior therato,ses provided in the amendment to Section 1
of Article 7NII of the City Charter, passed and adopted April 6, 1920, and
Ordinance No. 7, 1921, relating to local public improvements, with interest
thereon from date until payment at the rate of six ; er cent per anmmm ppy*ble
semi-annually on the day of and the day of
at the office of the City Treasurer of the City of Fort Collins, ucon
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 Water ::gain District No. 4 by virtue of and in full
conformity with the amendment to Section 1 of Article RTIII of the City
Charter, passed and adopted April 6, 1920, and Ordinance No. 7, 1921, relating
to local public improvements. 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 Water Main District LTo. 4, especially bansfitted by
said improvement, and the amount of the assessment so to be made upon the
real estate in s -id district for the payment thereof, with accrued interest,
is a lien upon the said real estate in the r=sp3ctive amounts to be
aprorticned to said real estate, and to be as--eased by an ordinance of ,aid
city, said lien having priority over all other liens, except other bonds
heretofore issued by sn.id city, and the lien of general taxes, but payment of
said bonds is Eaaranteed by the City of Fort Collins as rovidsd by ordinance;
and it is hereby certified and r-cited that the total issue of bonds of said
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city for said district, incl--.ding t is bond, doss not exceed the estimate of
thi 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 reyuirsment of law r;lating to the creation of said titer Plain
District No. 4, the making of said local improvement and the issuance of
this bond, has been fully complied with by the groper officers of said city,
and that all conditions required to exist and all things required to be
done prsesdant to and in the issuance cf this bond to r3ndar the same
lawful and valid, have hap;aned, and been properl, done and �erformed,snd did
exist in regular and due tire, form and man- er as required by law.
In Tastimery Wh3r�of, the said City cf Fort Collin has caused
this bond to be subscrib3d by its Comm3ssicner of Safety and Ex-Officio Mayor,
countirsignad by its Commissioner of Finance and Ex-Cfficio City Treasurer,
and attested by its City Clark under the anal of said city, and the interest
coupons thereto attached to be attasted by the fac simile sMdft signature
.of the City Clark, as of the day of 19
Conmisaionew of Safety and x-Officio ^Fayor.
Countersigned:
Comrniaoionar of Finance and Ex-Offieio City
Tra"carer.
(Form of coupon)
PTO. r
On the day of , 19 the City 6f Fort Collins
will -ay to the bearer Dollars in lawful money of the United
States, at the office of the City Treasurer of Fort Collins, Colorado, being
six man:thst intar3st on its local improvemant bond dated
1925, issued for tin corstruetion of the local improvement knrM as Water Main
District ITO. 4i provided this bond shall not have been e r3tofora raid.
Attached to Bond 'To .
City Clark.
Section 6. The Comrrdssionsr of Finance and 3x-Offieio City Treasurer
1s hereby autherizsd and directed to have printad a sufficient number of bonds
of the denomination of Five r3undred ($500.00) Dol-ars each, ntvnbared from 1 to
inclusive, as is required to meat the estimated cost of said
improvement as herein provided, and when said bends shall have been duly
pr3pared, they shall be retained by the City Treasurer to be is-•:.ed and
delivered from tins to time as hersinbefore provided.
Section 7. Wlthansver the City treasurer has funds in his bands
to the credit of Water air District 70. 4, including six ronths' interest
on the unpaid principal, he shall by advertisement once a we:.k for three
consecutive w33ks, in the official rawspapar of said City call in a suitable
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number of said bonds of said district for payment, and at the expiration of
thirty (30) days from the first publication of such notice, interest on the
bonds so called shall cease. The nctica shall specify the bonds so called by
number, and all said bonds so issuad shall be callal and paid in their
numerical order.
Section 8. Upon the taking affect of this ordinance, the
Co=issioner of Safety and 7x-Officio 'layor is hereby authorized and enr,owered
to advertise for bids for th3 construction of said irrprovsmsntc in accordance
with tha map, plans and specifications h3r=tefer3 adopted, which advertisement
shall be for not lass than ten (10) days in the official newspaper published
in the City of Fort Collins, and all bids raceivad under said advertisement
shall be submitted to the City Council for approval or rejection, and no
contract shall be awarded in elcess of th3 City 7ngineerls estimate of the
cost of said improvement. Aft3r the contract is awarded for construction, the
City Council shall rsgairs a bond fcr tha faithful performance of semid equal
ount of the
to therfull contract pties, with sufficient surety or sureties to be approv3d
by the Commissionar of Safety and Ex-Officio Mayor, and the work of
construction when so awarded under said contract shall be tender the general
control of the Commissi nor of Public 7orks and in the imrediate charge,
control and supervision of the City 3nginaar, W-osa dacision in all matters
of dispata rsspacting conl>lianca with this ordinance, and the contract made
thereundar, and the plans and specifications, shall be final and binding upon
all parties thereto. Plhen said contract is awards! it shall contain a
provision to the eff3at that it is subject to the provisions of the City
Charter, and of the laws under vi ich the City of Fort Collins exists, and of
Ordinance "o. 7, 1921, and this ordinance, and tiat the agre3d payments
shall not exceed the astisats of the City 7ngina3r and the amount appropriated,
and that upon tan days' notice the work under said contract, without cost or
claims 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 improvement that the improvement is not being constructed in accordance
with the contract, than the City Council may consider the complaint and make
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such order as may be just, and its decision shall be final. The City Council
shall have the right to reject any and all bids which may be r:ads by any
person or persons, firms or corporations, for the construction of said
improvements, and when in the judgment of the City Council it shall be deemed
to the best interests of said City of Fort Collins, the said City Council is
hereby authorized and empowered to provide for Icing 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 Works and the City Fngina3r, acting for said City.
Section 9. T%en said public improvement in Water Main District No.
4 shall have been eom7l3ted and my same approved by the City 7ngina3r,
raco= endad for acceptance by said officer, and duly accepted by the City
Council of the City of Fort Collins, the cost tharzof, shall be assessed upon
all the real estate in said district as the araa of each piece of real estate
in said district is to thearea of all t1.3 real estate in the said district,
exclusive of public highways, which said aswas mints when made and reported
by the City -ngin= ?r khd approved by the City Council, shall be assessed
against the ,property in 17at3r Main District I'o. 4 by an ordinance to be
adopted as provided by Ordinance Yo. 7, 1921.
Section 10. For the purpose of paying for engine-,ring and other
al=rical expenses and the cost of inspection, upon the approval of the City
Council the Commissioner of Safety and rx=Officio Mayor is authorized to
advertise for not less than tan (10) days in the official newspaper of said
City, and sell as many of said bonds as may be necessary and ue the
proceeds thereof for said purpose, and in accordance with the provisions of
Ordinan-�a "o. 7, 1921.
Section 11. This ordinance shall be irropealable until the
indebtedness herein provided for, whenever the sp—me shall be created, shall
have been fully paid, satisfied and discharged as herein provided.
' Section 12. In the opinion of the City Council an amargsney
exists for th3 preservation of the public health, peace and safety, and
this ordinare a shall take effect upon its assags and pu )lication 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 msmb3rs of the City Council this 23rd day of "clay, A. D. 1925.
Commissioner of Saf t and ^x-0 oio Mayor A,-_.
City C13rk.
STA E OF COLORADO )
} S°,.
CO=Y OF LARI\Tr )
I, A. J. ROS"�170 , City Clerk of the City of Fort
Collins, do hereby certify and declare that the foregoing ordinance consisting
of twelve (12) sacticre, was duly proposed and read at length at a regular
misting of the City Council held on the 23rd day of Yay, A. n. 1925, and
was duly adopted b7d ordered -,ublishad in the Fort Collins Express-
Couri3r, a daily news-aper and the official newspaper of the City of Fort
Collins, by the •:.nan'mous voti of all m3mbere of the Council, as an
emergency ordinance, in accordance with the provisions of Sections 6 and
of Article IV of the City Charter; and thareaft3r, on to-wit: the oZ
day of , A. D. 1925, said Ordinance `�o. � was duly
published i % Collins 7xpr3ss-Cour1er, a daily newspaper published
in the City of Fort Collins, Colorado.
IIT 71MSS 7 TT70F, I have h rsunto a at my hand and
affixed the Baal of said City, this L2�L`day of "a A. D. 1925.
City Clark.