HomeMy WebLinkAbout001 - 02/20/1905 - PRESCRIBING AND ESTABLISHING A COMBINED PUBLIC AND DISTRICT SANITARY SEWER DISTRICT Proposed Ordinance
Public notice is hereby given that the following ordinance was
introduced, read and ordered printed , at a regular adjourned meeting
of the City Council of the City of Fort Collins , Colorado, held Janu-
ary 23, 1905.
City Clerk.
Ordinance No. 1, -1905.
An - ordinance prescribinn and establishing a combined public and
district sanitary sewer district and ordering the construction of a
combined public and district sanitary sewer therein and declaring the
necessity therefor.
Whereas, on the 5th day of December, A. D. 1904, in pursuance of
an act of the General Assembly of the state of Colorado entitled "An
Act to Provide for the Construction of Local Improvements in Cities of
all Classes having a population of less than One Hundred Thousand, and
Incorporated Towns, the Issuance of Local Improvement Bonds therefor,
and the Assessment and Payment of the Cost of said Improvements, " ap-
proved April 8, A. D. 1899, by resolution duly adopted by the City
Council of the city of Fort Collins, the construction of a district
sanitary sewer in and for the sanitary sewer district of' the city of
Fort Collins hereinafter described,* under and by virtue of the provi-
sions of said act , was declared essential to the proper sanitation of
said district and city, and therefore necessary for sanitary reasons;
and the city engineer was duly authorized. and directed to prepare Sull
details, plans and specifications for the construction of said im-
provement , and an estimate of the cost thereof, together with a map of
said district , and a schedule showing the approximate amounts to be '
assessed upon the several lots and parcels of property in said dis-
trict as required by sections 3 and 15 of said act, and to report the
same to the City Council for consideration; and
Whereas, in pursuance of said authority the city engineer there-
after and on the same day made his report in the premises to the City
Council, and filed therewith full details and specifications° for the
construction of said improvement , together with the official estimate,
map, and schedule required by said resolution and by law; said esti-
mate showing a total probable cost of Fifteen Thousand Dollars for
said improvement , and said schedule showing the approximate amount to
be assessed upon each of the several lots or parcels of property with-
in said district to be at the rate of Three and Ninety-two One Hun-
dredths Mills ($0.00392) per square foot ; said estimate being exclu-
sive of costs of inspection, collections, incidentals and interest;and
Whereas , by resolution duly adopted on the same day by said City
Council, said details, specifications, estimate and map were adopted
and approved, and said City Council determined the number of install-
ments and the time in which the cost of said improvement should be
payable, the rate of interest on unpaid installments, the district of
lands' to be assessed for the same, as provided by said act ; and au-
thorized the city clerk by advertisement for .twenty days to give to
the owners of the property to be assessed for said improvement the no-
tice required by law; and
Whereas, in pursuance of said resolution the city clerk has by
advertisement for twenty days in the Fort Collins Express and in the
Fort Collins Weekly Courier, weekly newspapers of general circulation
published in said city, given not4c to the owners of the property to
w
be assessed of the kind of improvement proposed as aforesaid, the num-
ber of installments, and the time in which the cost will be payable,
the rate of interest on unpaid and deferred installments , the extent 4
of the district to be 'improved as aforesaid; the probable cost per
square foot as shown by the estimates of the city engineer, and the S
time, to-wit. on Monday the 9th day of January, A. D. 1905; the same be-
ing more than thirty days after the first publication of said adver-
tisement, when an ordinance ordering said imr ovement would be finally
considered; that said details , specifications, map, estimate and sche-
dule, showin7 the amounts to be assessed and all resolutions:jand pro-
ceedings in the premises are on file and can be seen and examined by
any person interested at the office of the city clerk at any time
within said period of thirty days, and until the time so fixed for
consideration of said ordinance; and that all complaints and objec-
tions that may be made in writing concerning said proposed improvement
by the owner or owners of any real estate to be assessed there -,or
would be heard and determined by the city Council of said, city before I
final action thereon; and :1 �
Whereas, by resolution adopted by the City Council of said�cits��� 3
on the 23rd day of January, A.D. 1905, it was ordered that) sa� id plans
and specifications be so modified as to provide for an increase in the 1�
_def4*-ate- capacity of that portion ,oL said sewer to be laid on College
$eeiiue from Mountain avenue to Pine street ,^ as in sadd plans and spe-
cifications provided, thereby making said portion Of said sewer a com-
bined public and district sanitary sewer; and that the city engineer
be required to furnish an estimate of the cost of said modification;
and that said increase of cost be paid for, not by special assessment
on the property in said district , but out of the funds of the city
treasury which may be' appropriated for sewers and drains for the fis-
cal year be^inning April 1, 1905; and -
Whereas, thereafter and on said. 23rd day , of January, 1905, tt.e
city engineer, in pursuance of said last mentioned resolution, did
furnish an estimate of the cost of said increase in the l ca-
pacity of said portion of said sewer, showing the probable cost of the
same to be t7o O, and said plans and specifications were modified in
accordance with said resolution and were adopted and approved by said
City Council on said January 23, 1905; and
Whereas, all complaints and objections made in writing by the
owners of property to be assessed for the cost of said improvement
have been duly considered by said City Council and they are hereby
overruled; now therefore, upon consideration of the premises,
Be it ordained by the City Council of the city of Fort Collins ,
Colorado:
Section 1. That the construction of a combined public and dis-
trict sanitary sewer in the district hereinafter described is and the
same is hereby declared necessary for sanitary reasons.
Section 2. That the construction of a combined public and dis-
trict sanitary sewer in the district hereinafter prescribed, together
with all necessary manholes, inlets, appurtenances, according to the
plans and specifications heretofore adopted by said City Council, and
on file in the office of the city clerk, be and the same is hereby or-
dered under, by virtue of and in accordance with the provisions of
said act of the General Assembly, and said plans and specifications
are hereby prescribed for said construction.
Section 3. That said district shall consist of all the real
estate within the following described boundaries, to-wit :
Commencinn on the south bank of the Cache la Poudre river at
the intersection of Linden street and running thence along Linden
street to Mountain avenue, thence west along the north line on Moun-
tain avenue to the alley in block 21, thence north along said alley
to the north line of lot 49 in block 21, thence west through blocks
21, 31, 41, 51 and 61, to the center line of Whitcomb, venue, �tthe
north on the cen Z eine of Whitco venue to they
�e�'e east alo 9 t
e OF "�g-`�``-�'J,� ;hce7ce or peas a ng` !e6 eenter lineM�
of Spruce street to the south corner of block 3, thence southeast
alone the south line of block 3 to the southwest corner of lot 6 in
block 3, thence north to the north line of tiock 3, thence southeast
along blocks 3 and 4 to the center line of tinden street, Ue place of
beginning.
And the said district is hereby created and established, and
shall be named an�d•tknown as Fort Collins Combined Public and District
Sanitary Sewe;N103_:` 18.
Section 4. That the cost of said combined public and district
sanitary sewer, including, manholes , inlets, connecting mains and ap-
purtenances , with interest , but not inciudinF, the cost of the increase
in the ftd capacity of that portion of, sau eti to be laid on
College . avenue from Mountain avenue to Pine �s�reetas provided by the
modification of said plans and specifications as aroresaid, shall be
assessed wholly upon all the real estate in said district , exclusive
of public highways, in proportion as the area of each piece of real
estate is to the area of all real estate in said district , exclusive
of public highways, in accordance with said act .
Section 5. The construction of said improvement shall be done
by independent contract but under the direction of the city engineer,
said contract to be let by the mayor with the approval of the City.-
Council, in the manner prescribed by said act , but no contracts shall
be let for any amounts exceeding the estimates made by the city engi-
neer. Said contract shall contain the provisions required by section
39 of said act and be subject to all the provisions of said act.
Section 6. If any piece of real estate to be assessed has al-
ready an improvement conforming to the General plan of said Combined
Public and District Sanitary Sewer, or which the City Council may find
to be satisfactory to it , an allowance may be made therefor to the
owner, the same to be deducted from his assessment and from the con-
tract price, and said contract shall so provide.
Section 7. Said improvement shall be paid for in warrants of
the city of Fort Collins, which shall be payable out of the funds col-
lected on account of the assessments made for said improvement , to
which funds' shall be added from the annual appropriation for sewers
and drains for the fiscal year beginning April 1, 1905,
wam , , Eag..4 4i 93epaRes Gi 41,e de^+,, ,,t :4„ for the
payment of said warrants, a sufficient stun to meet the expense of in
creasinF, the 4g&p6k-"r* capacity of that portion of d s veto be
laid on Coll avenue from Mountain avenue to FinestrO ,n as provid-
ed in the modification' of 5,aid plans and specifications made by the
city engineer in pursuance of said .resolution adopted by the City
Council of the ?.3rd day of January, A. D. 1905. Said warrants shall
be of such date, in such form, payable in such time and in such deno-
minations as shall be hereafter prescribed by said City Council, and
shall be executed, issued and disposed of, and otherwise dealt with as
in sections 35, 36 and 37 of said act prescribed. Said warrants
shall bear interest at t.be rate of six per cent . per annum.
Section 8. The mayor is hereby authorized to advertise in the
manner required by law for bids for construction of said improvement,
in accordance in said plans and specifications , and
subject to the provisions of law and of this ordinance. The right to
reject any and all bids shall be in said advertisement and is hereby
reserved.
Section 9. The City Council does hereby find that notice of
said proposed improvement was duly given to the owners of the property
to be assessed therefor, as Provided in said act , that the improvement
hereby ordered is so daily ordered after notice duly given, that all
the real estate within the limits of said district above described is
especially benefited by the construction of said improvement , that the
city of Fort Collins as a whole will be especially benefited by the
better drainage of the sewer now existing on Mountain Oenue which
will be effected by the connection of said Mountain avenue sewer with
the sewer hereby autlhorized, and by increasing the capacity
of the sewer hereby authorized, as provided for in the modification of
said plans and specifications; that all the requirements of law in the
premises have been duly complied with.
The foregoing ordinance was introduced and read at a regular ad-
journed me6t xig of the City Council of the city of Fort Collins , Colo-
rado, on the Ord day ,of aanuary, A.D. 1005, and was published in the
Fort Collins aLv-/ A4petly news )a rr6s oof�fyy-eneral circulation pub-
lished in '�aid city, on toe /4'✓ day of z�/ A. D. 1905, and was duly
passed and' adopted by ,S4i`, City Council at the re�nzlar meeting thereof
held on the �aXday of';F Atuary, A. D. 1D05.
Attest : -
Mayor
City Clerk. y�