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HomeMy WebLinkAbout032 - 12/20/1924 - RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT NO. 41 (EMERGENCY ORDINANCE) ORDINANCE NO 1924, BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEYJER DISTRICT NO 41, PROVIDING FOR ME CONSTRUCTION OF THE IMPROVEMENTS THEREIN 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 26th day of July, r A D 1924, duly passed and adopted a resolution providing for the organization of a sanitary sewer district and designating the boundaries thereof and the lots and blocks therein, for the purpose of constructing a sanitary sever line in a district composed of the property, in part unplatted, West of Washington Avenue and East of Morger-Smith Subdivision, more particularly described as follows Commencing 592 5 feet East of quarter corner common to Sections 10 and 11, Township 7 North, Range 69 Vilest, thence South 457 5 feet, thence East 594 51 thence Nortn 457 5 feet, thence West 594 5 feet to beginning, including what is known. as Juel Place, all in the City of Fort Collins, Colorado, and WHEREAS , On the 8th day of November, A D 1924, the City Engineer duly reported to the Citj Council the estimated cost of the said sanitary sewer and the schedule of assessments upon the lots and blocks in said sanitary sewer district, and which said report and estimate further described the total area to be assessed in said sanitary server district, consisting of 220,944 75 square feet, and the rate of assess- ment per square foot of $0 015956, and the cost for a lot 50 x 140 feet is $111 69, and WHEREAS, Pursuant to resolution, the City Clerk 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 December that a hearing would be had on the 20th day of/ , A D 19242 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 , of said day, for uhe purpose of hearing all complaints or ob- jections that may be made in writing concerning said proposed improve- ment by any owner or owners of real estate to be assessed in said Sanitary Sewer District No 41, before the final action to be taken on an ordinance creating and organizing saga district and authorizing the improvements to be constructed therein, and WHEREAS, All complaints and objections made and filed have this day been considered by the City Council and were on motion duly over-ruled as being insufficient in law and in fact therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That pursuant to the terms ana provisions of Ordinance No 7,1921, being an ordinance relating to local public improve- ments , there be and hereby is created and organized Sanitary Sewer District No 41, consisting of the property, in part unplatted West of Washington Avenue and East of Morger-Smith Subdivision, more particularly described as follows Commencing 592 5 feet East of quarter corner common to Sections 10 and 11, Township 7 North, Range 69 West, thence South 457 5 feet, thence East 594 5 feet thence North 457 5 feet, thence West 594 5 feet to beginning, including what is known as Juel Place, all in the City of Fort Collins, and that the work of construction of said improvements in said Sanitary Sewer District No 41 consist of a main sewer line and brancnes as per mab on file in the office of the CitJ Engineer Section 2 That pursuant to the requirements in the resolution of the Cit3 Council adopted on the 15th day of November, A D 1924, due notice was given to the owners of property to be assessed in said Sanitary Sewer District No 41, by aue and lawful publication in the Fort Collins Express-Courier, a daily newspaper of general circulation in the City of Fort Coll_ns , for two successive 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 to be assessed in the proposed -2- oanitary sewer district, composed of the property, in part unplatted, West of Washington Avenue and East of Morger-Smith Subdivision, more particularlj described as follows Commencing 592 5 feet East of quarter corner common to Sectkons 10 and 11, Township 7 North, Range 69 West, thence South 457 5 feet, thence East 594 5 feet, thence North 457 5 feet, thence West 594 5 feet to beginning, including what :Ls knooin as Juel Place, all in the City of Fort Collins 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 be improved, togetner with tre probable cost per square foot as shown by the estimate of the City Engineer, and the total area of real estate to be assessed in said Sanitary Sewer District No 41, and the cost per square foot, and to the fur tner effect that on the 20th day of December, A D 1924, at eight o 'clock A M , in the Council Chamber of the City Hall in the City of -'ort Collins, Lne City Council would hear and determine all complaints and objections triat may be made and filed in writing, concerning the said proposed improve- ment by the owner of any real estate to be assessed in said proposed district That the map, plans and specifications and estimate and all proceedings of the City Council in the premises are on file ana can oe seen and examined at the City Clerk's office during business hours at any time witnir said period of thirty days by anj person interested That pursuant to said notice, on the 20th daj of December, A D 1924, at the hour of eight o 'clock A M , the City Council proceeded to hear any objections that might have been filed respecting said proposed sanitary sewer district, and all objectiors made and filed were dull beard and considered and over-ruled as being insufficient in law and in fact, the City Council proceeded to determine that it was for the best interests of the taxpayers of said Sanitary Sewer District No 41 as well as the City of Fort Collins , that the period of payment whould be TEN YEARS in ten annual payments -3- Section 3 The City Council further finds that all re- quirements of the ordinance relating to the resolutions, and notices required by the same to be given in respect thereto before the adoption of an ordinance orderin6 said improvements , have been observea and complied witn in all respects, and it is hereby ordered that the improve- ments in said sanitary sewer 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 For the purpose of paying the cost of said improvements , bonds of the City of Fort Collins are nereby ordered and authorized to be issued by the Commissioner of Finance and Ex-Officio City Treasurer, which said bonds shall bear date at such time as may be fix2d by the Commissioner of Finance after the work of improvement nas been commenced in said district, but said aate 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 the Sanitavv Sewer District No 41, of the City of Fort Collins and shal_ be payable in ten (10) annual installments, ten per cent (10%) thereof payable in eaen and every year ouring said period, and shall bear interest at the rate of six per cent (6�) per annum, payable semi-annually, said interest to be evidenced b5 coupons attached to the principal bond and attested by the fac simile signature of the City C]e rk which said bonds shall be in denominations of Five Hundred Dollars ($500 oo) each Each of said bonds shall be subscribed by the Commissioner of Safety and Ex-Officio Mafor ana attested by the CitS Clerk with the corporate seal of the City and registered with the City Treas- urer, and shall be delivered from time to time as requirPa 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 improvement, all moneys collected from said assessments or from the sale of bonds shall be credited to Sanitary Sewer District No 41, and the funds so collected shall only be usea for the payment of the work of construction -4- of said improvements and the interest thereon Said bonds shall be numbered from 1 to 9 inclusive 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 approveo by the Commissioner of Safety and Ex-Officio Mayor, wnen said estimates have been dull 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 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 power ana authority contained in Section 29 of Ordinance No 7, 1921, relating to local public improvements , the payment of all the bonds issued in virtue of this ordinance is hereby guaranteea by the City of Fort Collins Section 5 Said bonds and the coupons attached thereto shall be in substantially the following form UNITED S TA TES OF AMEftI CA STATE OF COLORADO CITY OF FORT COLLINS SANITARY SEWER DISTRICT NO 41 NO The City of Fort Collins, in the County of Larimer, and State of Colorado, for value received, acknowleages itself indebted and hereby promises to pay to the bearer hereof the sum of Dollars in lawful money of the United Szates, at the office of the City Treasurer of said City, on the day of , 19 , subject to call and payment, rouever, at anj time prior thereto, as provided in the amendment to Section 1 of Article XVII of the City Cnarter, passed and adopted April 6, 1920, and Ordinance No 7, 1921, relating to local public improve- ments , with irterest thereon from daze 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 Citj Treasurer of the City of Fort Collins, unpon presentation and surrender of the annexed coupons as they severally become due This bond is issued for the purpo. e of paying the cost of the local improvements in Sanitary Sewer District No 41, by virtue of -5- and in full conformity with the amendment to Section 1 of Article XVII of the City Charter, passed and adopted Apri! 6, 19202 and Ordinance ho 7, 1921, relating to local public improvements This bond is payable out of zhe proceeds and special assessments to be levied upon the real property situate in trc City of Fort Collins in said Sanitary Sewer District No 41 especially benefitted by said improvements, 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 apportioned to said real estate and to be assessed by an orainance 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 pay- ment of said bonds is guaranteed oy the City of Fort Collins as provided by ordinance and it is hereby certified ana 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 improvements , nor the amount authorized by law and it is further hereby certified and recited that ever3 requirement of law relating to the crea- tion of said Sanitary Sewer District No 41, the making of said local improvement and the issuance of this bond, has been fully complied with by the proper officers of said city, and that all conditions required to exist and all things required to be done orecedent to and in the issuance of tnis bond to render the same lawful and valid, 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-Offico Mayor, attested bj its City Clerk under the seal of said cit3 , and the interest coupons attacned thereto, to be attested by the fac simile signature of the City Clerk, as of the day of , 19 Commissioner of Safety and Ex-Officio Hayor A TIES T City Clerk (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 si-c montas ' interest on its local improvement bond dated , 19 , issued for the construction of the local improvement known as Sanitary Seger District No 41, provided tics bond shall not have beer heretofore paid Attached to Bond No City Clerk Section 6 The Commissioner of Finance and Ex-Officio City Treasurer is hereby authorized and directed to have printed a sufficient -6- Number of bonds of the denomination of Five Hundred Dollars ($500 oo) each, numbered from 1 to 8 inclusive, as is required to meet the estimated cost of said improvement as herein providea, and when said bonds shall have been duly prepared, they shall be retained by the City Treasurer to be issued and delivered from time to time as hereinbefore provided Section 7 Whenever considered prudent oy the City Teasurer , ne is hereby authorized and empowered, whenever funds/nay be in his nands to the credit of Sanitary Sewer District No 41, including sic months ' interest on the unpaid principal, to advertise for Two insertions , a week apart, in the official newspaper of said City and call in a suitable number of bonds of said district for payment, and at the expiration of thirty (30) days from the first publication interest on saga 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 thf, taking effect of this ordinance, The Commissioner of Safety and Ex-Officio Mayor is hereby authorized and empowered to aavertise for bids for the construction of said improvement in accordance with the map, plans and specificat_ons heretofore adopted, Uvhich advertisement shall not be less than ten (10) days in the daily official newspape» published in the City of Fort Collins, and all bids received under said advertisement shall be submitted to the City Council for approval or rejection, and no contracts shall be awarded in excess of the City Engineer's estimate of the cost of said improvements After the contract is awardea for construction, the City Council shall require a bond for the faithful performance of the same of not less than twenty- five per cent of the contract price, with sufficient suretj or sureties to be approved by the Commissioner of Safety and Ex-Officio 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 -0- immediate charge, control and supervision of the City Engineer, wnose decision in all matters of dispute respecting compliance with this ordinance and the contract made thereunder, and the plans and specifications, shall be final ana binding upon all parties thereto Wb en said contract is awarded it shall contain a clause to the effect that is is subject to the provisions of the City Charter and of the laws under which the Citv of Fort Collins exists of Ordinance No 7, 19212 and this ordinance, ana that the agreed payments shall not exceed the estimate of the City Engineer ana the amount appropriated and that upon ten days ' notice, the work under said contract, without cost or claim against the city of Fort Collins , main be suspended for sub- stantial cause and upon complaint of any owner of real estate to be assessed for the improvement that the improvement is not ceing con- structed in accordance with the contract, then the City Council may consider the complaint and make suen order as may be just, and its decision snall be final The City Council shall have the right to reject any ana all bids whicn may be maae by any person or persons for the construction of said improverients , and when in the juagment of the City Council it sha11 be deemed to the best interest of said City of Fort Collins, the saia City Council is hereby authorized and empowered to provide for doing such vork by niring parties by the day and to arrange for purchasing tie necessary materials to ao such work ender the direction, supervision and control of the Commissioner of Works and the City Engineer, acting for the City Section 9 VVhcn said public improvement in Sanitary Seger District No 41 shall have been completed and the same approved oy the City Engineer, recommendea for acceptance by said officer, ano duly accepted by the City Council of the City of Fort Collins , the cost thereof shall be assessea upon all the real estate in said district as the area of each piece of real estate in said district is to the -a- area of all the real estate in the district, exclusive of public highways, wnich said assessments when mace and reporteo by the City Engineer and approved by the City Council , shall be assessed against the property in Sanitary Sewer District No 41, by an ordinance to be adopted as providea in 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 Ex-Officio Mayor is authorized to advertise for not less tnan ten (10) days in the official newspaper of said City, and sell as many bonds as may be necessary and use the proceeds thereof for said purpose, and in accordance with the provisions of Ordinance No 7, 1921 Section 11 This ordinance shall 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 Section 12 In the opinion of the City Council an emergency exists for the preservation of the public health peace and safety, and this ordinance shall take effect upon its passage and publication, under and by virtue of the authoritj 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 members of the City Council his 20th day of December, A D 1924 Commissioner of fety and x-Officio Mayo A TIES T LG-fty Clerk STATE OF COLORADO, ) SS COUNTY OF LARIMER ) I, A J ROSENOW, Cit3 Clerk of the City of Fort Collins, do hereby certify and declare that the foregoing ordinance, consisting of twelve (12) sections , was duly proposed and read at length at a regular meeting of the City Council held on the 20th day of December, A D 1924: and was duly adopted and ordered published in the Fort Collins Express-Courier, a daily newspaper and the official newspaper of the Now City of Fort Collins , bj the unanimous vote of all members of the Council, as an emergency ordinance, in accordance with the pro- visions of Sections 6 and 7 of Article IV of the City Cl-iarter, and thereafter, on to-wit the o2✓ day of December, A D 1924, said Ordinance No t_� IZ was duly published in the Fort Collins Express- Courier, a daily newspaper published in the City of Fort Collins, Colo- rado IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City, this 023 daj of December, A D 1924 City Clerk