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HomeMy WebLinkAbout014 - 05/23/1925 - RELATING TO THE CREATION AND ORGANIZATION OF WATER MAIN DISTRICT NO. 3 (EMERGENCY ORDINANCE) 7-7777 ORDIIgVCi; 70. B^I'.'dG AN E,"d^P.CxENCY 03DI',":3C Ti'LATI`?G TO " " CR.ATI:i:" ATID GRGAPIIZATION OF rATnR "AIN DISTRICT NO. 3, I2•' TIE CITY OF FORT COLLI::S, PROVIDING FOR THE CO:dSTRUCTION OF TET ITTROV? n1171R T MT AMI AT'T^O7IZIT.-'G "'ir- ISSTJgTCE OF 30:',DS TO PAY Tfi COST OF CO'�'RUCTTOY T:_ RTOF. ArMMAS, Under the authority and pursuant to the provisions of Ordinance No. 7, 19210 as amended by Ordinance No. 134 1924, the City Council on the 28th day of T;arch, A. D. 1925, duly passed and adopted a resolution providing for the organization of a water main district end designating the boundaries thereof and the lots and blocks therein, for the purpose of constructing water mains with laterals therefrom in a district composed of Lots 13 to 24 inclusive in Block 1, and Lots 1 to 12 inclusive in Block 2, I. C . Bradley's Addition to the City of Fort Collins; and VMPEAS, On the 18th deg of April, A. D. 1925, the City Engineer duly reported to the City Council map, plans, specifications and estimated cost of the construction of water mains for the proposed district and the schedule of assessments upon the lots and blocks in e.^.id water main district, and which said report estimated the total cost to be $2003.06, and described the total frontage to be assessed in said water main district cnsisting of 1274 feet, and the rate of asssssment par front foot of $1.5722, and the cost for a fifty foot lot frontage is ?78.61; and BRAS, On the 18th day of April, A. D. 1925, the City Council duly passed and adopted a resolution adopting the said report, map, plans, specifications, datails and estimate of the City engineer, and authorized the publication of notice to the owners of all real estate in the proposed district, and to all parsons interested gsn-�rally, fixing the time of hemring when the City Council world consider the ordering by ordinance of the proposed improvements; and -1- 7,JERDAS, Purs- ant 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 !4%y, A. D. 1925, by the City Council at a regular meeting thereof to be held in the Council Chamber in the City Eall in the City of Fort Collins, at the hour of eight c'c;ock A. 11. of said day, for the purpose of hearing all complaints or objections that may be grads in writing concerning the proposed improvements by any owners of real estate to be assessed in said Water *lain District No. 3, or any persons interested, before the final action to be taken on an ordinance creating and organizing said district and mithorizing the improvements to be constructed therein, and W12REAS, No complaints or objections have been made or filed concerning the proposed improvements; therefore BE IT ORDAINED BY TfP3 CITY COUr?CIL OF THEE CITY OF FORT COLLINS: Section 1. That pursuant to the terms 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 hereby is created and organized Water „Bain District No. 3, consisting of Lots 13 to 24 inclusive in Block 1, and Lots 1 to 12 inclusive in Block 2, I . C. Bradley' s Addition to the City of Fort Collins, Colorado, and that the work of construction of said improvements in said V,ater Main District No. 3 consist of water mains and laterals as per map on file in the office of the City Engineer. Section 2. That pursuant to the rscuiremants in the resolution of the City Council adopted on the 18th day of April, A. D. 1925, due notice was given to the owners of property to be assessed in said Vatir lain official nswspaDsr of the "ity of Fort Colling, to-wtt tBe ;2 District :?o. 3, by due and la ii1 publication ,.n they ort Collins Express- Courier, a daily newspaper of general circulation in the City of Fort Collins, for two ;Ae aks, once each waek, as shown by the proof of publication on file in the office of the City Clerk; which said notice was to the cpkmers -2- of proparty to bo assessed in thg proposal water main district, cc-- posed of Lots 13 to 24 inclusive in Block 1, and Lots 1 to 12 inclusive in Block 21 I. C. Bradley's Addition to the City of Fort Col-_ins, Colorado, and to all parsons interested general''y, and designating the kind of improvement 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 bs improved and assessed, together with the probable cost as shown by the estimate of the City Engineer, and the total frontage of real estate to be assessed in V!natsr Main District No. 3, and the cost per front foot, and to the further affect that on the 23rd day of May, A. D. 1925, at eight o'clock e. M. in the Council Chamber of the City Eall in the City of Fort Collins, the City Council would consider the ordering by ordinance of the proposed improvements, and hear and determine all con:-_hints and objections that may be made and filed in writing concerning said proposed improvements by the owner of any real estate to be assessed in said proposed district, or any persons interested; and that the sag, plans and specifica�icrs and estimate and all proceedings of the City Council in the p ramisas are on file and can be seen and examined at the City Clerk's office during business hours at any 'ti e within said period (being not lass than thirty days) by any person interested. That pursuant to said notice, on the 23rd day of "Tay, A. D. 1925, at the hoer of eight o'clock A. M. the City Council proceeded to hear any objections that might have been filed respecting said proposed water main district, and no comrlaints or objections having been made or filed, the City Council proceeded to determine that it was for the best interests of tie taxpayers of said Water Main District Yo. 3, as well as the City of Fort Collin*, that the period of payment should be ten years in tan annual payments. Section 3. The City Co-ncil further finds that all requiremants of the ordinance r>specting the rasolutions, and notices, required by the same to be given in respect thsrato 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 water main -3-- district, as provided for in the map, plans and specifications heretofore adopted by the City Council and approved in this ordinance be and are hereby ordered to be constructed. Saetion 4. For the purpose of paging the cost of said improvements, bonds of the City of Fort Collins are hereby authorized to be issued by the Commissioner of Finance and ^x-Officio City Treasurar, which said bonds shall bear date at such time as mmy be fixed by the Commissioner of Finance after th? work of improvement has been coan:anced in said district, but said date shall be uniform for all bonds issued, and in such fo= as may be approved by the City Council, after submission by the Commissioner of Finance; said bonds shallbe.ar the name of Water PCain District No. 3, of the City of Fort Collins, and shall be payable in tan (10) annual installments, ten per cent (105) thereof payable in each and every yanr during said period, and shall bear interest at the rate of six pammoaft (65) per cent per arnum, 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 ($500.00) Dollars each. Each of said bonds shall be subscribed by the Coavrissicnsr of Safety and Ex-Officio I%yor end attested by the City Clerk with the corporate seal of the City and col?ntarsigned by the Commissioner of Finance and Ex-Officio City Treasurer, and registered with the City Treasurer, and stall be delivered from time to time as recuirad for the payment of the work banein provided. Said bonds shall be radeemable out of the moneys collected on account of assessments made for said improvements; all mo ,ays collected from said assassn;onts or from tha Gala of bonds shall be credited to Mter Main District No. 3, and the funds so collected shall only be used for the payment of the work of construction of said improvements and the interest thsreon. Said bonds shall be numbarel. froTM 1 to 5� inclusive, and shall be redeemable commencing one year after date thereof, consecutively, and according to member and in order of issuance. Said bonds shall only be issued and delivered by the City Treasurer on estimates and order of the -4 City ^nginaer, signed and approved by the Commissioner of Safety and Ex-Officio 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 sayable ten (10) years from the date of issue but Shall be subj3ct to call and payment at any time prior th�rato, as provided in Ordinance No. 7, 1921, relating to local public improvements. Pursuant to the power and authority as amended by Ordinance No. 13, 1924, contained in Section 29 of Ordinance Uo. 7, 19211/rslating to local public z.:provaments, the payment of all the bonds is,cuad in pursuance of this ordinance is hereby guarantied 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: TJBTITL'D STAT70. OF Plf rlCl STATE OF COLC71110 CITY OF FORT COLLINS 7A.Tr,M MAIN DISTPICT 170. 3. No. The City of Fort Collins, in the CoL7mty of Larimer and State of Colorado, for vaL:e r�caivsd, acknowledges itself indebted and hereby promises to pfiy to the bearer hereof the aum of Dollars in lawful money of the United States, at the office :)f the City Treasurer of said City, on the day of , 19 , Subject to call and payment, howev,r, at any time prior thereto, as provided in the amendment to Section 1 of Article MI of the City Charter, ;-assed and adolited April 6, 1930 and Ordinance 'To. 7, 1921, relating to local public improvements, with interest thereon from data until rayment at the rats of six rar cant per anm= payable semi-annually, on the day of and the day of , at th-: office of the City Treasurer of the City of Fort Collins, upon presentation and surr=_nder cf the annaxadcoupons as they severally bacor,o due. This bond is issued for the purpose of paying the cost of the local im rovement in Nater ::Tain District No. 3 by virtue of and in ihll conformity with the amen3snt to Section 1 of Article RPII of the City Charter, ,^.asaed and adopted April 6, 1920, and Ordinance 'o. 7, 1921, relating to local p-..blic improvements. This bond is payable out of the r)rocaeds and special asessssenta to be lsviad upon the real rroperty situe.ta in the City of Fort Collins in Said Wa.t3r '".ain District :'o. 3, 33p3clally bensfitted by said improvement, and the amount of the ass3s,ment so to be rrada upon the real estate in said district for the payment thereof, with ac=ruad interest, is a lien u_on the said real estate in the respective amounts to be apportioned to said real estato, and to be assessed by an ordinance of said city, said lien having priority over all other lisns, except ether bonds harstoforo issued by said cit;, and the lien of general taxes, but payment of said bonds is g+asantead by the City of Fort Collins as provided by ordinance; and it is hareby 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 Tnginaer, and the contract price fdr said improvement, nor the amount avt2,crizei by law; and it is further hereby certified and recited that every reciUirement of la, relating to the creation of said Water :.Irvin District lyo. 3, the ;,wing _5., of said local improvement and the 'issuance of this bond, has been fully complied :xith by the proper officers of said city, and that all conditions ra- quir>d to exist and all things rs^,uirsd to be done prsc=dsnt to and in the issuance cf this bond to render the swra lawful and valid, have happened, and been pro-srly done and performed, and did exist in rig,-,lar and due time, form and manner as rag-aired by law. In Testimony Flbarsof, the said City of Fort Collins has caused this bond to ba subscribad by its Commissioner of Safety and Ex-Officio Pdayor, countersigned by its Comissionar of Finance and Bx-Officio City Trs sur,r, and attested by its City Clerk under the seal of said city, an! the interest coupons thareto attached to be attested by the fac sl=lla signature of the City Clerk, as of the _ day of P 19 C= issioner of Safety and Ex-Officio "Mayor ATT^?ST: Countersigned: Comnissiore r of Finance and 7�x-Officio City City Clark Treasurer. (Form of Coupon) No. $ On the day of 19 , the City of Fort Collins will pay to the bearer Dollars in lawful money of the United States, at the office of the City Trsasur�r of Fort Collins, Colorado, being six months' interest on its local improvement bond dated , im, issued for the construction of the local improvement knovn as Tatar Main District No. 3; provided this bond shall not have besn heretofore paid. Attached to bond No. City Clerk. Section 6. The Commissionr of Finance and E:c--Officio City Treasurer is hereby authorized and dir3ctad to have printed a sufficient n=ber of bonds of the denomination of Five PL=dred ($500.00) Dollars each, numb3red from 1 to S— inclusive, as is re isirad to meet the 3stimatad cost of said i*provemet as herein provided, and when said bonds %'hall have bo3n duly prepared, they shall be retained by the City Trsasurer to be issued and delivered from time to time as hersinbefore provided. Section 9. F.henaver the City Treasurer has funds in his hands to th3 credit of Wat3r Main District ?'o. 3, including, six months' int3rsst on the unpaid principal, he shall by advertisement once a weak for thr3s consecutive weeks, in the official newspaper of said City call in a vdtabls 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 notice shall specify the bonds so called by number, and all said bonds so issued shall be called and paid in their numerical order. -6- Section 8. U..:on the taking effact of this ordinance, the Com:issicr.er of Safety and Ex-Officio Mayor is heroby authorized and empower- ed to advertise for bids for the construction of said improvements in accord- ance 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 re oaived under said advertisement shall be submitted to the City Council for a_,%roval or rejection, and no contract shell be awarded in excess of the City iSnginierls estimate of the cost of said ireprcvement. After the contract is awarded for construction, t?.a City Council shall ra^uire a bond for the faithful parformancs for same equal to the amount of the full contract price, with sufficient surety or sur�tiss to be approved by the Commissioner of Safety and Ex-Offieio Mayor, and the work of construction when so awarded under said contract shall be under the general control of the Commissioner of public Works and in the imradiata charge, control and auper4tsion of the City ';nginaar, V,,.o^e decision in all mattArs of dispute respecting compliance with this ordinance, and the- contract -.rade trfreunder, and the plans and specifications, shall be final and finding u_r_on all parties tin r3to. 7.2aen said contract is awarded it shall contain a provision to the effact that it is subject to the provisions of the City Chartsr, and of the laws under which the City of Fort Collins exists, and of Ordinance No. 7, 1921, and this ordinanc3,and that the agreed payments shall not exceeel the estimate of the City Engineer and the amo,znt appropriated, and that upon tan days' notice the work under said contract, without cost or claim against the City of Fort Collins, ::ay 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 consMotad in accordance with the contract, than the City Co;rcil may cu-asider the complaint and make 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 made by any person or persons, firms or corporations, for the construction of said improvsments, and when in the jud,;nant of the City Council it shall be deemed to the best interests of said City of Fort Collins, -7- the said City Council is hereby eut- orized and empowered to provide for doing such work by hiring parties by tha day and to arrange for purchasing the necessary materials to do such work under the direction, su?ervision and control of the Commissioner of Toorks and the City Engineer, acting for said City. Section 9. rhan said public it:.provement in Water Main District No. 3 shall have been completed and the same approved by the City Engineer, reeo=,anded for acceptancs by said officer, and daly accepted by the City Council of the City of Fort Collins, the cost Hereof shall be assessed upon all the real estate in said district as the area of sad, piece of real estate in said district is to the ar is. of all the real estate in the said district, exclusive of public high.mys, which said asses msnts when ft da and reported by the City Engineer and approved by the City Council, shall be ass3s-3d against the ircperty in Wat=r .Main District No. 3 by an ordinance to be adopted as vrovid3d by Ordinance No. 7, 1921. Section. 10; For the purpose of paying for engineering and other clerical sxps%*;s and the cost of inspection, upon the approval of the City Council the Commissioner of Safety and Ex-Officio Kvayor is authorizad to advertise for not less than tan (10) days in the official naws,�apsr of said City, and sell as many of said bonds as may be necessary and use the proeeads thereof for said purpos3, anal in accordance with the provisions of ordinance No. 7, 1921. Section 11. This ordinance shall be irrepsalable until the indsbtednes herein ;-roviled for, whenever the sa:re shall be era-tod, s'-all have been fully paid, satisfied and disch^rgsd as '.erain provided. Section 12. In the opinion of the City •,ouncil an 37argency exists for t2e preservation of the public health, peace and ssfaty, and this ordinance shall take effect upon itsr_.assage and publication under and _g_ by virtue of the ast`.ority contained in Sections 6 and 7 of Article IV of the City Charter. Introduced, read at length and adopted by the vnanimous vote of all the members of tYs City Council this 23rd day of G,ay, A. D. 1925. u Commiasionar of .fety and fficio :'ayor A=-T"I: Ctfy Clark. STA"_^ OF COLCRA.0 ) SS. COUNTY OF I`gRII:ER ) I, A. J. ROS??OW, City Clerk of the City of Fort Collins, dd hereby certify and declare that the foregoingordinance con- sisting of twelve (12) sectiena, ms duly proposed and reed at length at a regular meeting cf the City Council held on the 23rd:day of May, A. D. 1925, and was duly adopted and ordered published in the Fort Collins Exprass-Courier, a daily newspaper and the official newspaper of the City of Fort Collins, by the unanimous vote of all members of the Council, as an emergency ordinance, in aeaordanee with the provisions of ^sections 6 an7 of Article IV of the City Charter; and thereaft)r, on to-wit: the day cf 0 , A. D. 1925, said Ordinance No. / / we,". duly p.blis:ad in tT: Fort Collins ^express-Courier, a daily newspaper published in the City of Fort Collins, Colorado. II, TITMSS IrIMTOF, have :arnunto set my hand and affixed the Beal of said City, this a� day of " A. D. 1925. a2 G� - City Clerk.