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HomeMy WebLinkAbout023 - 10/08/1921 - RELATING TO THE CREATION AND ORGANIZATION OF STORM SEWER SUB-DISTRICT NO. 1, IN STORM SEWER DISTRICT ORDINANCE NO Y 1921, BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION AND ORGANIZATION OF STORM SEWER SUB-DISTRICT NO 1 , IN STORM SEWER DISTRICT NO 6, IN THE CITY OF FORT COLLINS, PROVID- ING FOR THE CONSTRUCTION OF THE IMPROVEMENTS THEREIN AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF THE CONSTRUCTION THEREOF WHEREAS, Under the authority and pursuant to the provisions of Ordinance No 7, 1921s the City Council, on the 3d day of September, 1921, duly passed and adopted a resolution providing for the organization of a storm sewer sub-district in Storm Sewer District No . 6, and designating the boundaries thereof and the lots and blocks therein, for the purpose of constructing a storm sewer line in said dis- trict, and WHEREAS, thereafter the special engineer , R W Gelder, assisting the City Engineer and Commissioner of Works, duly reported to the City Council the estimated cost of the said storm sewer and the scnedule of assessments upon the lots and blocks in said storm sewer sub-district , and which said re- port and estimate further described the total area to be assess. ed in said district , consisting of 55,3,950 square feet and the rate of assessment per square foot of $ 00868, or 660 76 for a lot 50 x 140 feet and 4d4 46 for a lot 50 x 190 feet, and WHEREAS, 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 provided by ordinance, and provided in said notice that a hearing would be had on the 8th day of Octooer , 1921 , 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 one o 'clock P 21 on said day, for the purpose or hearing all com- plaints or objections that may be made in writing concerning said proposed improvement by any owner or owners of real estate zo be assessed in said Storm Sewer Sun-District No 1 in Storm Sewer District No 6, before the final action to be taken on an ordinance creating and organizing said district and authori- zing the improvements to be constructed therein, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That pursuant to the terms and provi- sions of Ordinance No 7, 1921, being an ordinance relating to local public improver-ments, there be and hereby is created and organized Storm Sewer Sub-District No 1 in Storm Sewer District No 6, consisting of the following lots and blocks within the limits of said territory Lots 1 to 7 and 36 to 45, inclusive in Block 320 Lots 1S to 64, inclusive, in Block 31 , East Half of Block 41, East Half of Block 91, West Half of Block 101, West Half of Block 1021 and the South 415 feet of Washington Park, r and that the work of construction of said improvements in said Storm Sewer Sub-District No 1 consist of lateral lines B and C as shown upon the map before the construction of the balance of the system, in order to facilitate paving Section 2 That pursuant to the requirements in the resolution of the City Council adopted on the 3d day of September , 1921, due notice was given to the owners of property to be assessed in said Storm Sewer Sub-District No 1 in Storm Sewer District No 6, by due and lawful publication in the Fort Collins Courier , a daily newspaper of general circulation in the City of Fort Collins, for two successive weeks, once each week, as shown by the proof of publication on file in the office -2- of the City Clerk, which said notice was to the owners of property to be assessed in the proposed storm sewer sub- district , hereinaoove described, and designating the kind of improvement proposed, the number of installments, the time in which the cost would be payable , the rate of in- terest on unpaid and aeferred installments, the extent of the district to be improved, together with the probable cost per square foot as mown 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 in Storm Sewer Dis- trict No 6, and the total cost on an ordinary lot 50 x 140 feet and 50 x 190 feet , and to the further effect that on the 8th day of October, 1921, at one o 'clock P M 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 improvement by the owner of any real estate to be assessed in saia proposed district That the map, plans and specifications and estimate and all proceedings of the City Council in the premises axe on file and can be seen ana examined at the City Clerk's office during business hours at any time within said period of thirty days by any person interested. That pursuant to said notice, on the 8th day of October , 1921, at the hour of one o' clock P M , the City Council proceeded to hear any objections that might have been made and filed respecting said proposed storm sewer suo- district , and no objections having been filed, the City Coun- cil proceeded to determine it was for the best interests of the taxpayers in said Storm Sewer Sub-District No 1 in Storm -3- Sewer District No 6, as well as the City of Fort Collins, that the period of payment should be twenty years in twenty annual payments Section 3 The City Council further finds that all the requirements of the ordinance respecting the resolu- tions, notices required by the same to be given in respect thereto before the adoption of an ordinance ordering said im- provement , have been observed and complied with in all res- pects, and it is hereby ordered that the improvements in said storm sewer sub-district , as provided for in the map , plans and specifications heretofore aaopted by the City Council and ap- proved in this ordinance be and are hereby ordered to be con, st ruct ed. 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 Zreasurer , which said bonds shall bear date 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 approved by the City Council after sub- mission by the Commissioner of Finance, said bonds shall bear the name of Storm Sewer Sub-District No 1 in Storm Sewer Dis- trict No 6, of the City of Fort Collins , and shall be payaole in twenty (40) annual installments, five per cent (51O) thereof payable in each and every year during said period, and shall bear interest at the rate of six per cent (6fo) per annum, pay- able semi-annually, said interest to be evidenced by coupons attached to the principal bond an4ttested by the fac simile -4- signature of the Cicy Clerk, which said bonds shall be in de- nominations of Five Hundred Dollars (4500 oo) each tach of said bonds snall be subscribed by the Commissioner of Safety and Ex Officio Mayor and attested by the City Clerk with the corporate seal of the City and registered with the City trea- surer , 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 the moneys collectedlon account of assess- ments made for said improvements, all moneys collected) from said assessments or from the sale of bonds shall be credited to Storm Sewer Suo-District No 1 in Storm Sewer District No. 6, and the funds so collected shall only be used for the pay- ment of the work of construction of said improvements and the interest thereon Sdid bonds shall be numbered from 1 to /do inclusive, and shall be redeemable, commencing one year after date thereof, consecutively and according to number and in or- der of issuance Said bonds shall only be issued and deliver- ed by the City Treasurer on estimates and order of the City Engineer , signed and approved by the Commissioner of Safety and Ex Officio Mayor, when said estimates have been duly audit- ed and approved by the City Council and ordered paid All of said bonds shall be absolutely due and payable twenty (20) 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, 1921s relating to local public improvements Pursuant to the power and 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 guaranteed by the City of Fort Collins Said bonds shall be received at par in payment of said improvements -5- Section 5 Said bonds and the coupons attached thereto shall be in substantially the following form UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLINS STORM SEWER SUB-DISTRICT NO 1 in STORM SEWER DISTRICT NO 6 No The City of Fort Collins, in the County of Larimer, and State of Colorado, for value received, acknow- ledges itself indebted and hereby promises to pay to the bearer hereof 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 XVII of the City Charter, passed and adopted April 4, 1920, and Ordinance No. T, 1921s relating to local public improvements, with interest thereon from date until payment at the rate of six per centum per annum, payable semi-annually, on the day of and the day of , at the office of the City Treasurer of the City of Fort Collins, upon pre- sentation and surrender of the annexed coupons as they sever- ally become due. This bond is issued for the purpose of paying the cost of the local improvement in Storm Sewer Suo-District No 1 in Storm Sewer District No. 6, by virtue of and in full conformity with the amendment to Section 1 , of Article XVII of the City Charter , passed and adopted April 4 , 1920, and Ordinance No 7, 1941, relating to local puolio improvements This bona is payable out of the proceeas and special assess- ments to be levied upon the real property situate in the City of Fort Collins in said Storm Sewer Sub-District No 1 in Storm Sewer District No 6, especially benefitted by Baia im- provement , and the amount of the assessment so to be made upon the real estate in Baia 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 ordinance of said city, said lien having priority over all other liens, except other bonds heretofore issued by Baia city, and the lien of general taxes , but pay- ment of said bonds is guaranteed by the City of Fort Collins as provided by ordinance, and it is hereby certified and re- cited that the total issue of bonds of said city for said dis- trict , 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, ana it is further hereby certified and recited that every requirement of law relating to the crea- -6- tion of said Storm Sewer Sub-District No i , the making of said local improvement and the issuance of this bond, has been fully complied with by the proper officers of Baia oity, and that all conaitions required to exist and all things re- quired to be done precedent to and in the issuance of this 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 Commis- sioner of Safety and Ex Officio Mayor , attested by its City Clerk under the seal of said city, ana the interest coupons thereto attached, to be attested by the fac simile signature of the City Clerk, as of the day of , 19 . ATTEST Commissioner of Saf-efy--alniff-- hx Otficlo Mayor 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 Stiates, at the office of the City Treasurer of Fort Collins, Colorado, being six months' interest on its local improvement bond dated 1921, issued for the construction of the local improvement known as Storm Sewer Sub-District No 1 in Storm Sewer District No 6, provided this bond shall not have been heretofore paid Attached to Bond iio City Clerk. Section 6 The Commissioner of Finance and Ex Officio City Treasurer is hereby authorized and directed to have printed a sulticient number of bongs of the denomina- tion of Five Hundred Dollars (4500 oo) each, numbered from 1 to '10 , inclusive, as is required to meet the estimated cost of said improvdment as herein provided, 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 hereinbetore provided -7- Section 7 Whenever considered prudent by the City Treasurer , he is hereby authorized and empowered, when- ever funds may be in his hands to the credit of Storm Sewer Sub-District No 1 in Storm Sewer District No 6, including six months' interest on the unpaid principal, to aavertise two insertions, a week apart , in the official newspaper of said City ana call in a suitable number of bonds of said dis- trict for payment , and at the expiration of thirty (60) days, .from the first publication, interest on said bonne so called shall cease The notice shall specify the ponds so called by number, and all said bonds so issued shall be called and paid in their numerical order Section 8 Upon thetaking effect of this ordi- nance, the Commissioner of Safety and Ex Officio Mayor is hereby authorized and empowerea to advertise for bids for the construc- tion of said improvement in accordance with the map, plans and specifications heretofore adopted, which advertisement shall be for not less than ten (10) days in the daily, official newspaper 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 contract shall be awarded in excess of the City Engineer ' s estimate of the cost of said im- provement . After the contract is awaraea 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 con- tract price, with sufficient surety 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 immediate charge, control and supervision of the -a- i City Engineer , whose decision in all matters of dispute res- pecting compliance with this ordinance and the contract made thereunder, and the plans and specifications, shall be final and binding upon all parties thereto when said contract is awarded it shall contain a clause to the effect that it is subject to the provisions of the City charter , and of the laws under which the City of Fort Collins exists, and of Ordinance No. 7, 1921, and this ordinance, and that the agreed payments shall not exceed the estimate of the City Engineer 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 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 con- sider the complaint and make such oraer 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 for the construction of saki improvements, and when in the judgment of the City Council it shall be deemed to the best interests of said City of Fort Collins, the said City Council is hereby authorized and empowered to provide for doing such work by hiring parties by the day and to arrange for puchasing the necessary materials to do such work under the direction, super- vision and control of the Commissioner of Works and the City Engineer , acting for said City -9- Section 9 When said public improvement in Storm Sewer Sub-District No . 1 in Storm Sewer District No 6 shall have been completed and the same approved by the 'City Engineer, recommended for acceptance by said office, 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 saia district as the area of each piece of real estate in said aistrict is to the area of all the real estate in the district , exclusive of public highways , which Baia assessments when made ana reported by the City Engineer and approved by the City council, shall be assessed against the property in Storm Sewer Sub-District No 1, in Storm Sewer District No 6, by an ordinance to be adopted as provided by Ordinance No 7, 1921 Section 10 For the purpose of paying for en- gineering and other clerical expenses and the cost of inspec- tion, 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 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 saaae shall be created, shall have been fully paid, satisfied and dis- charged as herein provided -10- i 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 authority con- tained 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 this 8th day of October, 1921. Comm se oner o �Ba"ty and ATTEST Ex Offisio Mayor G' City Cler STATE OF COLORADO ) SS COUNTY OF LARIMER ) I , A J ROSENOW, City Clerk of the City of Fort Collins, do hereby certify and declare tnat the foregoing ordi- nance, consisting of twelve (12) sections, was duly proposed and read at length at a regular meeting of the City Council held on the Stn day of October, 19211 and was duly adopted and ordered published in the Fort Collins 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 accordance with the provisions of Sections 6 and 7 of Article IV of the City Charter, and thereafter , on towit the // day of October, 1921 , said Orainance No. -V 3 was duly published in the Fort Collins Courier , a daily newspaper published in the City of Fort Collins , Colorado. IN WITAESS WHEREOF, I have hereunto set qr hand and affixed the seal of saia City this day of October , 1921 City Clerk -11�