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HomeMy WebLinkAbout006 - 03/21/1925 - RELATING TO THE CREATION AND ORGANIZATION OF STORM SEWER SUB-DISTRICT NO. 1 OF STORM SEWER DISTRICT ORDINANCE, NO. 1925 BEING AN T,27RGL'NCY ORDINANC^ RTLATI"G TO TUE CR3ATION AND ORGANIZATION OF STORY S?1'FR SUB-DISTRICT NO. 1 OF STORM SNwER DISTRICT NO. 7, IN TH^ CITY OF FORT COLLINS, PROVIDING FOR TFT CONSTRUCTION OF THE IMPROVL'MENTS THERrIN AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF THE CONSTRUCTION TRRR'roF. WIERFAS, Under the authority and pursuant to the provisions of Ordinance No. 7, 1921, the City Council on the 14th day of February, A. D. 1925, duly passed and adopted a resolution providing for the organization of Storm Sewer Sub-District No. 1 of Storm Sewar District No. 7, and designating the boundaries thereof and th3 lots and blocks therein, for tha purpose of constructing a storm sewer line in said district; and WMMAS, Thereafter the City ^nginaar and Come:issionar of works duly reported to the City Council the estimated cost of the said storm sewer and the schedule of aes33sments upon the lots and blocks in said storm ss^,ar sub-district, and which said report and astimata further described the total area to be assessed in said sub-district, consisting of 1,262,928 square feet, and the rate of assessment p3r square foot is $0.0042293 for the entire sub-district, or $40.18 for a lot 50 feet by 190 feet, and $29.51 for a lot 50 f»t by 140 feet, and $23.68 for a lot 40 feet by 140 feet; and wELsRgAS, Pursuant to said resolution the City Clerk caused notice thereof to be published in the official nawspaper of the City of Fort Collins for a period as rrovided by ordinance, and provided in said notice that a hearing would be had on the 21st day of March, A. D. 1925, by the City Council at a regular meeting tharsof to be hold 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 roads in writing con- corning said proposed improvement by any owner or owners of real estate to be assessed in said Sub-District No. 1 of Stone Sower District No. 7, or any parsons interestad, before the final action to be taken on an ordinance creating and organizing the said sub-district and authorizing the improvements to be constructed therein; therefore -1- BE IT ORDAINED BY THE CITY COUNCIL OF T1117 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, thars be and hereby is crsatad and organized Storm Sew3 r Sub-District No. 1 of Storm Sewer District No. 7, consisting of the following lots and blocks within the, limits of said territory All blocks abutting upon Pitkin Str33t, to-wit: Blocks 13, 14, 15, 16, 17 and 18 of Craft's R3sabdivision of Lake Park Addition, Block 2 of L. C. Moores First Addition, Blocks 1 and 2 of L. C. Moors's Second Addition, and Blocks 1, 2 and 3 of L. C. Moore's Third Addition, in the City of Fort Collins; and that the xork of con- struction of said improvements in said Storm Sawar Sub-District No. 1 of Storm Sewsr District No. 7 consists of storm s3war line, as per map now on file in the City Enginear1s office. Section 2. That pursuant to the requirements of the resolution of the City Council adopted on the 14th day of F3briary, A. D. 1925, due notice was given to the owners of propsrty to be assessed in Storm Sewer Sub-District No . 1 of Storm Sewer District No. 7, by due and lawful publication in the Fort Collins Expreas- Coariar, a daily newspaper of gsnsral circulation in the City of Fort Collins, and the official newspaper of the City of Fort Collins, for two successive wanks, once each weak, as shown by the proof of publication on file in the office of the City Clerk; which said notice was to the own.-rs of prop rty to bs assessed in the proposed storm sewer sub-district, hereinabove described, the number of installments, the time in which the cost would be payable, the rate of interest on unpaid and deferred instalhd ments, the extent of the district to be improved, togs th2r with the probable cost par sgaare foot as shown by the estimate of the City Engineer, and the total area of real estate to be assessed in said Storm Sewer Sub-district No. 1 of Storm Sager District No. 7, and the total cost for a lot 50 f:st by 190 feat, and the total cost for a lot 50 feet by 140 f33t, and also the total cost for a lot 40 feet by 140 feat, and to the further effect that on the 21st day of March, A. D. 1925, at the hour of sight 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 may be made and filed in writing, concerning said proposed improvsment by the owner of any real estate to be assessed in said proposed district, _2- and 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 be seen and examined at the City Clarks office during business hours at any time di.thin said period of thirty (30) days by any person interested. That pursuant to said notice, on the 21st day of March, 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 sower sub-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 Sub-District No . 1 of Storm Sewer District No. 7, as well as the City of Fort Collins, that Storm Sewer Sub-District No. 1 of Storm Sower District No. 7 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 tha cost of the construction thereof. Section 3. The City Council furthir finds that all the requirements of the ordinance respecting the resolutions and notices required by the same to be given in respect thereto before the adoption of an ordinance ordering said improvements, have been observed and complied with in all respects, and it is hsr�by ordered that the improvements in said storn sewer sub-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. Section 4. Sbr the purpose of paying the cost of said improvements, bonds of the City of Fort Collins are hereby gcathorizad to be issued by the Commissioner of Finance and Ex-0fficio City Treasurer, which said bonds shall bear Bats at such time as may be fixed by the City Treasurer after the work of improv3ment has been eommencad in said district, but said date shall be uniform for all bonds issued, and in such for* as may be approved by the City Council after submission by the Commissioner of Finance; said bonds shall bear the name of Storm Sewer Sub-District No. 1, of Storm Sewer District No. 7, of the City of Fort Collins, end shall be payable in ten (10) annual installments, ten ��f� par cent (10%) thereof payable in each and every year during said Period, and shal tp ear int^rest at the rate of six par -3- pant per ann=, payable semi-annually, said interest to ba attached to the principa fond and attested by the fee si. .ie signature of the City Clerk, which said bonds shall be in denominations of Five Hundred ($500.00) Dollars each. Each of said bonds shall b3 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 registsrsd with the City Treasurer, and shall be delivered from time to time as required for the payment of the work herein provided. Said bonds shall be redeemable out of t'ae moneys collected on account of assessments mada for said im_rovements; all moneys collected from said assessments or from the sale of bonds shall be credited to Storm Sewer Sub-District No. 1 of Storm Sewer District No. 7, 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 stall be numbered one to alivan inclusive, and shall be redeemable, comr..ancing one year after date thereof, conse- cutively 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 Enginssr, signed and approved by t'ra 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 payable ten (10) years from the data 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 the tolauthority 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. Ssction 5. Said bonds and the coupons attached th-reto shall be in substantially the following form: UNITED STATES OF VrTRICA STATE OF COLORADO CITY OF FORT COLLINS STORM VWER SUB-DISTRICT NO. 1 OF STORM S^VMR DISTRICT N0. 7. No. The City of Fort Collins, in the County of Larimer and State of Colorado, for value r3ceivad, acknowLedgss itself indebted and herroby promises to pay to the bearer hereof the sum of Dollars in lawful r.�oney 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 -4- April 6, 1920, and Ord. ice No. 7, 1921, relating to 1� 1 public improvements, with interest thereon from date until payment at the rate of six per cant per annum payable semi-annually, on the day of and the day of , at the office of the City Treasurar of the City of Fort Collins, u_cn presantation and surrender of the annexed coupons as they severally beccre due. This bond In issued for the purpose of paying the cost of tha local improvement in Storm Se,rfer Sub-District No. 1 of Stcrm Sewer District No. 7 by virtue of and in full conformity with the amendment to Section 1, of Article XVII of the City Charter, passed and adopted April 5, 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 situ::^te in the City of Sort Collins in said Storm Sewer Sub-District No. 1 of Storrs Sawar District No. 7, aspeciaily b3nefitted by said improvement, and the amount of the assessment so to be made upon the real estate in ssid district for the payment thereof, 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 as eased by an ordinance of said city, said lien having priority over all other liens, sx^ept 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 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 la,s relating to the creation of said Storm Sewer Sub-District No. 1 of Storm Sewer District 17o. 7, the making of said local improvement and the issuance of this bond, has been fully complied with by the proper offlcars of said city, and that all conditions required to exist and all things required to be done r.recadsnt to and in the issuance of this bond to render the sara lawful and valid, have happened, and bsen properly done and performad, and did exist in r=3zlar and due tt-na, form and manner as required by law. In Testimony Mihareof, the said City of Fort Collins has caused this bond tote subscribed by its Commissioner of Safety and Ex-Officio Mayor, coimtar- signed by its rommissicner of Finance and Fx-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 simile signature of the City Clerk as of the day of , 15 Commissioner of Safety and Ex-Officio Mayor. C oun ter si gnu d: 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 pay to tha bearer Dollars in lawful money of the United States, at the office of the City Treasurer of Fort Collins, Colorado, being six months' intarest on its local 'mprovament bond dated , 1925, issued for the con- struction of the local improvement known as Storm Sewer Sub-District No. 1 of Storm Sewer District No. 7; provided this bond shall not have been heretofore paid. Attached to Bond No. City Clerk. Section. S. the Commissicmar of Finance and z-Officic City Trea.surer is hereby authorized and directed to have printed a sufficient number of bonds of the denomination of Five hundred ($500.00) Dollars each, numbered from 1 to 11 inclusive, as required to most the estimated cost of se,id improvement as herein provided, and when said bonds shall have been duly prepared, they shall be retained by the City Treasurer to be isaued and delivered from time to time as 'rersinbefors provided. Section 7. [Whenever the City Treasurer has funds in his hands to the credit of Storm Sewer Sub-District No. 1 of Storm Sewer District No. 7, including six months' interest on the unpaid principal, he shall by advertisement once a week for tbr" consecutive weeks, in the official newspaper of said City call in a suitable 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. Section 8. Upon the taking effect of this ordinance, the Co=.issionsr of Safety and Ex-Officio Mayor is hereby aut::orizad and wmpowsrad to advertise for bids for the construction of said improvements A accordance with the map, plans and specifications heretofore adopted, which advertisement shwa be for not less than ten (10) days in the official newspaper published in the City of Fort Collins, and all bids received under said advertisement shall be submitted to the City Ccuncik for approval or rejection, and no contract shall be awarded in excess of the City -Engineer's estimate of tha cost of said improvement. After the contract is awarded for construction, the City Council shall require a bond for the faithful performance of same equal to the amount of the full contract price, with sufficient sur,ty or sureties to be approved by the Commissioner of Safety and Sa-Officic ",ayor, and the work of construction when so awarded under said contract shall be tinder the general control of the Commissioner of public Works and in the immediate charge, control and supervision of the City 7ngineer, W�ioss decision in all matters of dispute respecting compliance with this ordinance and the contract rude th,rsundsr, and the plans and specifications, shall be final and binding upon all parties tareto. When s.^.id contract is awarded it shall contain a provision to the effect that it is subject to tha provisions of the City Charter, and of the laws under which the City -6- of Fort Collins exists, S of Ordinance No. 7, 1S21, ana .nis ordinance, and th .t the agreed payments shall not exceed the estimate of the City Engineer and the amount appropriated, and that upon ten days' notice tha work undar 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 estate to be assessed for the 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 tc rsject 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 judgment of the City Council it shall be deemed to the best inter,sts of said City of Fort Collins, the said City Council is hereby authorized and empowared to provide for doing such work by hiring parties by the day and to arrange for purchasing the necessary materials to do such work undsr the direction, supervision and control of the Commissioner of y,orks and the City Engineer, acting for said City. Section 9. When said public improvement in Storm Sewer Sub-District No. 1 of Storm Sawer District No. 7 shall have been completed and the sans approved by the City Engineer, recommended for accaptance 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 sub-district as the area of each piece of real estate in said sub-district is to the aria of all the real estate in the said sub- district, exclusive of public highways, which said assessments when made and r=ported by the City Engineer and approved by the City Council, shall be assessed against the property in Storm Sewer Sub-District No. 1 of Storm Sawer District No . 7 by an ordinance to ba adopted as provided by Ordinance No. 7, 1921. Section 10. For tha purpose of paying for engineering and other clerical expensas and the cost of inspection, upon the approval of the City Council the Commissioner of Safety and Ex-Officio Mayor is authorized to advertise for not less than ten (10) days in the official newspaper of said City, and Sall as many bends as may be necessary and use the proceeds thereof for said purpose, and in accordanc with the provisions of Ordinance No. 7, 1921. -7- Section 1. This ordiranca shall be irrepc _ -ible until the indebtedness herein provided for, whsnever the same shall be crested, shall have bean fully paid, satisfied and discharged as hzrein provided. Sectic:- 12. In the opinion of the City Council an smirgency exists for the preservation of the public health, peace and safety, and this ordinance shall take effect upon its passage and publication und>r and by virtue of the authority contained in S3cti-ns 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 City Council this 21st day of March, A. D. 1925. Commissioner of Safs and Ex-0 cio Mayor. ATTF'ST: C y Clerk. STAT:' OF COLORPDO ) SS. COUb'TY OF LARI"7R ) I, A. J. RO"TOV, City Clerk of the City of Fort Collins, do hereby c,rtify and declare that the foregoing ordinance, con— sisting of twelve (12) sacticns, was duly proposed and read at length at a regular meeting of the City Council held on t'r_s 21st day of "March, A. D. 1925, and was duly adoptal and ordered published in the Fort Collins Express— Courier, a daily nswspaper and the official newspaper of the City of Fcrt Collins, by the unanim-.:us vote of all members of the Council, as an emergency ordinance, in accordance with the provisions of Sections 6 and 7 of Article IV of the City Charter; and thereafter, on to—wit: the day of March, 1925, said Ordinance No. _� was duly published in the Fort Collins Express—Courier, a daily newspaper published in the City of Fort Collins, Coloraio. IN VPITNTSS P, PREOF, I have hereunto set my hand and afrized the seal of said City this .2 5'' day of March, A. D. 1925. City Clerk.