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HomeMy WebLinkAbout012 - 04/29/1925 - RELATING TO THE CREATION AND ORGANIZATION OF STORM SEWER SUB-DISTRICT NO. 2 OF STORM SEWER DISTRICT ORDINANCE 160 Z , 1925 BEING AN VWPGCNCY CRDINANCP RELATING TO TIT C1ZT9TION AND ORGANIZATION OF STORM S71WER SUB-DISTPICT NO 2 OF STORM 9V-T'? DISTRICT NO 6, IN MIR CITY OF FORT COLLIITS PROVIDING FOR TJ'r CONSTRUCTION OF THE IMPROVEWNTS TH-RSIN ANr ALTHOPIZIrG THE I039UA1TC" OF BONDS TO PAY TFE COST OF THE CONSTRUCTION THWPn0 F MREAS Under the authority and pursuant to the provisions of Ordinance No 73 1921, the City Council on the 7th day of March, A D 1925 duly passed and adopted a r solution providing for the organization of Storm Ss m r Sub-District No 2 of Storm Sewer District No 6, and designating the boundaries thsrpcf and the lots and blocks th-rain, for the purpose of corstructirg a storm sewer line in said district and WHERCAS Thereaftar the City Engineer and Co=rissioner of Works duly reported to the City Council the estimat-d cost of the said storm sever and the schedule of assessments upon the lots and blocks in said storm sewer sub-district and which said report and estimate further described the total area to be assessed in said sub-district consisting of 1 270 065 square feet and the rate of assessment per square foot is $0 0086692 for t2'e entire sub- district, or $60 68 for a lot 50 feet by 140 feet and WMRLAS Pursuant to said resolution the City Clerk caused notice thereof to be published in the official newspaper of the City of Fort Collins for a period as -orovided by ordinance, and provided in said notice that a hearing would be had on the 25th day of April, A D 1925 by the City Council at a regular meeting thereof to be held in the Co-unci.l Chnber in the City Hall in the City of Fort Collins, at the hour of eight oulclock A M on said day, for the purpose of hearing all complairts or objections that may be made in vriting concerning said proposed improvement by any owner or owners of real estate to be assessed in said Sub-District No 2 of Storm Sewer District No 6 or any persons interested before the final action to be taken on an ordinance creating and organizing the said sub-district and authorizing the imurovements to be constructed therein therefore -1- ORDINANCE ISO. Z , 1S25 BEING AN 7WRG7NCY ORDINANCT' R.F,LATING TO THE CR7ATION AND ORGANIZATION OF STORM SS'NER SUB-DISTRICT NO. 2 OF STORM g7.W'R DISTRICT NO. 64 IN THT CITY OF FORT COLLINS, PROVIDING FOR TITS COT,7TRUCTION OF TIM Iffi1'ROVmPNTS Tlr'REIN AND AUTHORIZING TRF ISSUANC^ OF BONDS TO PAY TIN COST OF TTTS' CONSTRUCTION THTTMOF. WBERBAS, Under the authority and pursuant to the provisicns of Ordinance No. 7, 1S21, the City Council on the 7th day of March, A. D. 1925, duly passed and adopted a resolution providing for the organization of Storm S3-nsr Sub-District No. 2 of Storm Sewer District io. 6, and designating the boundaries thar=cf and the lots and blocks therein, for the purposs of constructing a storm sewer line in said district„ and %T,7,71,rS, Thereafter the City Engineer and CorTMissionsr of works duly reported to the City Council the estimated cost of the said sbcrm sewer and the schedule of assessments upon the lots and blocks in said storm sewer sub-district and which said repsrt and estimats further described the total area to be ass-seed in said sub-district, consisting of 1,279,C65 square feet, and the rate of assessment per square fort is $0.0086692 for the entire sub- district, or $60.68 for a lot 50 feet by 140 fiat; and TPEFCAS, Pursuant to said resolution the City Clark causad notice thereof to be published in the official newspaper of the City of Fort Collins for a aeriod as provided by ordinance, and Yrovidad in said notice that a hearing would be had on the 25th day of April, A. D. 1925, by the City Council at a regular meeting thereof to be held in the Council Ch9mber in the City Hell in the City of Fort Collins, at the hour of eight 0 clock A. M. on said day, for the purpose of he-ring all complaints or objections that Tay be made in writing concerning said proposed improvement by any owner or owners of real estate to be assessed in said Sub-District No. 2 of Storm Sewer District No. 6, or any parsons interested, before the final action to be taken on an ordinance creating and organizing the said sub-district and autlorizing the ir� rovemsnts to be constructed therein; th3refore -1- BEE IT ORDAINSD BY THE CITY COUNCIL OF THE' 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, thera be and h=reby is created and organized Storm Sewer Sub-District 'Yo. 2 of Storm Sewer District No. 6, consisting of the following lots and blocks within the lirits of said territory: The West Half of Block 62, Main Addition; 'Blocks 272, 2B2 and 292 in Vast Side Addition; Blocks 302, 312 and 322, in Capitol Hill Addition, in the City of Fort Collins; and that the work of construction of said improvements in said Storm Sewer Sub-District No. 2 of Storm Sewer District . o. 6 consists of storm sewer line, as per map on file in the City L'nginaarls office. Section 2. That pursuant to the requirements of the reso'.ntion of the City Council adopted on the Blst day of TIarch, A. D. 1925, due notice was given to the owners of property to be asses-ed in Storm Sewer Sub-District No. 2 of Storm Sewer District No. 6, by due and lawful publication in the Fort Collins Txpres - Courier, a daily newspaper of general circulation in the City of Fort Collins, and the official newspaper of the City of Fort Collins, for two successive weeks, once each week, as shown by the proof of publication on file in the office of the City Clark; which said notice was to the ownirs of property to be ass=.ssed in the proposed storm se",er sub-district, hereirabove described, 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, together with the probable cost per square foot as s'rovm by the estimate of the City 7nginser, and the total area of real estate to be assessed in said Storm Sewer Sub-District No. 2 of Storm Sewer District No. 6, and the total cost for a lot 50 feet by 140 feet, and to the further effect that on the 25th day of April, A. D. 1925, at the hour of eight o'clock in the forenoon, in the Co ncil (,'harbor of the City Fall in the City of Fort Collins, the City Coi,ncil would hear and co-,sider all complaints and ob;59ctions that may be made and filed in writing, concerning said proposed improvement by the owner of any real estate to be assessed in said proposed district, imd all persons interested generally. That the map, plans and specifications and estimate and all proceedings of the City Council in the premises are on file and can b:3 easn and esaminad at the City Clerk' s office dr,ring business -2- hours at any tine within said period of thirty (30) days by any parson interested. ^hat pursuant to said notice, on the 25th day of April, A. D. 1925, at the hour of seig'nt o'clock in the forenoon, the City Council proceeded to h9ar any objections that might have been made and filed respecting said proposed storm se^nr sub- district, and no objections having been filed, the City Council proceeded to determim= it was for the beat interests of the taxpayers in said Storm Sawar Sub-District No. 2 of Storm Sewer District No. 6, as all as the City of Fort Collins, that Storm Sewer Sub-District 'To. 2 of Storm Sew=.r District No. 6 in the City of Fort Collins be created, and providing for the construction of the improvements therein and authorizing the issuance of bonds to nay the cost of the construction thersof. Section 3. The City Council furth=r finds that all the requirsm9nts of the ordinance respecting the resolutions and notices reeuired by the same to be given in respsct thereto before the adoption of an ordinance ordering said improvements, hats been obssrved and complied with in all respects, and it is hereby ordered that the irnprovamants in said storm sawer sub-district, as _Jrovided for in the map, plans and specifications h.ratofere adopted by the City Council and approved in this ordinance be and are hereby ordered to be constracted. 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-Officio City Treasurer, which said bonds shall bear data at such time as may be fixed by the City Treasurer after the work of improvement has been commenced in said district, but said date shall be uniform for all bonds issued, and in such form as may be aplrovad by the City ^osncil after submission by the Comrissicn^r of Finance; said bends shell bear the name of Storm Sewer Sub- District No. 2 of Storm Sewer District No. 6, of the City of Fort Collins, and shall be payable in ten (10) annual installments, ten (10?0') per cent thereof payable in each and every year during said period, and shall bear interest at the ra*.a of six per cant rer annum, payable semi-annually, said interest to be evidenced by coupons attached to the _.rincipal bond ant attested by the fac simile signature of the City Clark, x%:.ich said bonds shall be in denominations of Five Hundred ($500.oc) Dollars each. Each of said bonds shall be subscribed by the Commissioner of Safety and Ex- Officio Mayor and attested by the City Clark with the corporate seal of the City and -3- 1 countersigned by the Commissioner of Finance and Ex-Officio City Treasurer, and registered with the City Treasurer, and shall be delivered from time to time as reeuired 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 Sub-District No. 2 of Storm Sewer District No. 6, and the funds so collected shall only be used for the payment of the work of construction of said improvements and the interest thereon. Said bonds shall be numbered one to Fs a '6 inclusive, and shall be redeemable, corr,encing 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 Comndssiiier of Safety and Ex-Officio Mayor, when said estimates have been duly audited and approved by the City Council and ordered paid. Allof said bonds shall be absolutely due and payable ten (10) years from the date of issue but shall be subject to call and payment mt any time prior thereto, as provided in Ordinance No. 7, 1921, relating to local public improvements. Pursuant to the authority and power contained in Section 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 followin7L form; UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLINS STORM S11P_R SUB-DISTRICT NO. 2 OF STORM SrWTR DISTRICT NO. 6. No. The City of Fort Collins, in the County of Larimer and State of Colorado, for value received, aclmowledgss itself indebted and harsby promises to pay to the bearer harsof 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 %VII of the City Charter, passed and adopted April 6, 1920, and Ordinance No. 7, 1921, relating to local public improvements, with intar3st thereon 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 office of the City Treasurer of tha City of Fort Collins, upon pr3sentation and surrender of the annexed coupons as they severally become due. -¢- This bond issued for the'purposa of payi the cost of the local improvement in Storm Sewer Sub-District No. 2 of Storm Sewer District No. 6 by virtue of and in full conformity with the amendment to Section 1, of Article VII of the City Charter, pasFad 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 Storm Sewer Sub-District No. 2 of Storm Sewer District No. 6, especially bensfitted by said improvements, and the amount of the assessment so to be made upon the real estate in said district for the payment tbarsof, with accrued interest, is a lien upon the said real estate in the respective amounts to be apportioned to said real estate, and to be assessed by an ordinance of said city, said lien having priority over all other liens, except other bonds heretofore issued by said city, and the lien of general taxes, but payment of said bonds is guaranteed 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 sstim^ts of the City T;nginaar, and the contract -price Bor said improvement, nor the amount authorized by law; and it is further hereby certified and recited that every re-uirement of law relating to the creation of said Storm Sewer Sub-District No. 2 of Storm Sewer District No. 6, the m4ing of said local 1-rprovement and the issuance of t is 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 precedent to and in the issuance of this bond to render the same lawful and valied, have happened, and been properly done and performed, and did exist in regular and due time, form and manner as required by law. In Testimony Whereof, the said City of Fort Collins has caused this bond to be subscribed by its Commissioner of Safety and Ex-Officio Mayor, counter- signed by its Commissioner of Finance and Ex-Officio City Treasurer, and attested by its City Clark under the seal of said city, and the interest coupons thereto attached, to be attested by the fac simile signature of the City Clark as of the day of , 19 Commissioner of Safety and Ex-Officio Mayor Countersigned: Commissioner of Finance and Ex-Officio City Treasurer. ATT ST: City Clark. (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 Treasurer of Fort Collins, Colorado, being six mcnths' inter eat on its local improvement bond dated , 1925, issued for the construction of the local improvements known as Storm Saver Sub-District No. 2 of Storm Sswar District No. 6; provided this bond shall not have bean heretofore paid. Attached to Bond No. ' City Clark. Section 6. The Commissioner of Finance and Ex-Officio City Treasurer is hereby authorized and directed tb have printed a sufficient number of bonds of the denomination of Five Hundred ($500.00) dollars each, numbered from one to C inclusics, as required to meet the estimated cost of said improvement as herein provided, and when said bonds shall have bean duly prepared, they shall be Sstained -5- by the City Treasurer to be issued and delivered from time to tire as hereinbefore provided. Section 7. l"hsnsvar the City Treasurer has funds in his hands to the credit of Storm Sewer Sub-District No. 2 of Storm Sewer District No. 6, i eluding six months' interest on the unpaid principal, he shall by advertisament once a weak for three consecutive weeks, in the official newspaper of said City call in a s-,itable number of said bonds of said district for payment, and at the expiration of tb±rty (30) days, from the first publicapion of such notice, interest on the bonds so called shall cease. The notice shall specify the bonds so called by nunb3r, and all said bonds so issued shall be called and paid in their numerical order. Section 8. Upon the taking affect of this ordinance, the Comm-issioner of Safety and ux-officio Mayor is hereby authoris3d and empowered to advertise for bids for th3 construction of said improvements in accordanc3 with the map, plans and specifications heretofore adopted, which advertisament shall be for n .t less than ten (10) days in the official newspaper publieked in the City of Fort Collins, and all bids raceiv3d under said advertisement shall be submitted to the City Council for approval or rejection, and no contract shall be a•:.ardad in excess of the City T,ngineer's estimate of the cost of said improvement. Aft3r the contract is awarded for construction, the City Council shall require a bond for tha faithful parforri.nc3 of samA equal to the amount of the full contract price, with sufficient surety or sureties to be approved by the Comanission9r of Safety and Ex-0fficio Mayor, and the wrrk of construction when so avarded under said contract shall be under the general control of the Commission3r of Public 7brks and in the i=-ediats charge, controland supervision of the City Fngin39r, whose decision in all matters of dispute respecting c:,mplianc.e with this ordinance and the contract made thr�undsr, and the plans and specifications, shall be final and binding upon ?11 parties thereto. then said contract is awarded it shall contain a provisi:n to the effect tra t it is subject to the provis'_ons of the City Chart3r, and of the laws under which the City of Fort Collins exists, and of ordinance No. 70 1921, and this ordinance, and that the agreed payments shall not exceed the estimate of the City 7,ngin2er and the amount 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 subst-ntial cause and upon -6- eoTplaint of any owner o. eal estate to $e assessed for improvement that the improvement is not being constructed in accordance with the contract, then the City Council may consider 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 improvements, and when in the jud,g::ent of the City Council it shall be deemed to the best interests of said City of Fort Collins, the said City Council is hereby aut%orized and empow=red 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 direction, srpervision and control of the Commissi ner of 17orks and the City Engineer, acting for said City. Section 9. Vfh-_n said public improvement in Storm Semsr Sub-District No. 2 of Storm Sa•Nar District No. 6 shall have been c cr,;let4d and the same approved by the City ^nginear, r�comnrended for accept nce by sail officer, and duly acceptsd by the City Council of the City of Fort Collins, the cost lien roof shall be assessed upon all the real estate in said sub-district as the area of each piece of real estate in said sub-district is to the area of all the real estate in the said sub-district, ex^lusive of public highways, which said assessments when rade and reported by the City Engineer and approved by the City Council, shall be assessed against the property in Storm Sewer Sub-District No. 2 of Storm Sever District Z'o. 6 by an ordinance to be adopted as provided by Ordinance No. 7, 1921. Section 10. For the purpose of paying for engineering and ctner clerical ex;;enses and the cost of inspection, upon the arproval of the City Council the Commissi;nsr of Safety and Ex-Officio Mayor is a..it'.-.orized to advertise for not less than tan (10) days in the official newspaper of said City, and sell as rany bonds as may be necessary and use the proceeds thereof for said purpose, and in accordance with the Trovisiens of Ordinance No. 7, 1921. Section 11. This ordinance shall be irrepsalable until the indebt)dness herein provided for, whenever the sane shall be creetsd, shall have been fully paid, satisfied and discharged as herein provided. Section 12. In the opinion of the City Cou mil an emergency exists for the preservation of the -ublic health, peace and safety and this ordinance shall take -7- effect upon its pass,ge and publication under and by virtue of the aut? ority contained in Secticne 6 and 7 of Article IV of the City Charter. Introduced, read at length and adopted by the unanimous vote of all the members of the CityCouncil this Uth day of y April, A. D. 1925. Coacnissior.3r of Saf y and .x-0 cio Mayor ATTEST: City Clerk. STATT OF COLORADO } ) SS. COTMTY OF LARINRE X I, A. J. ROS^NOW, City Clerk of the City of Fort Collins, do hereby c=rtify and declare that the foregoing ordinance,,�c�ons Ling of twelve (12) sections, was duly proposed and read at length at a rigul�r5�g of the City Council held on they th day of April, A. D. 1925, and was duly adopted and ordered published in the Fort Collins Txpr�ss-Courier, a daily newspaper and the official newspaper of the City of Fort Collins, by the unanimous vote of all members of the Co,�ncil, as .an emergency ordinance in accordance with the provisi-ns of Sections 6 and of Article IV of the City Charter; and thereaf+er, on to-wit: the / Q� day of , 1935, said Ordinance No. / y was dcly published in the Fort Collins Express-Courier, a daily newspaper published in the City of Fort Collins, Colorado. IN WIT"SS WH''MOF, vs hereunto set my hand and affixed the seal of said City this _� day of , A. D. 1925. City Clerk.