HomeMy WebLinkAbout022 - 10/01/1921 - RELATING TO THE CREATION AND ORGANIZATION OF STORM SEWER DISTRICT NO. 35 (EMERGENCY ORDINANCE) ORDINANCE NO 1921,
BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION AND OR-
GANIZATION OF SANITARY SEWER DISTRICT NO 35, PROVIDING FOR
THE CONSTRUCTION OF THE IMPROVEMENTS THEREIN AND AUTHORIZING
THE ISSUANCE OF BONDS TO P4Y THE COST OF THE CONSTRUCTION
THEREOF
WHEREAS, Under the authority and pursuant to the
provisions of Ordinance No 7, 1921, the City Council, on the
6th day of August , 1921, 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 sewer line
in a district oofmmosed of Blocks 1 and 2, Swett 's Addition and
Blocks 1 and 2, Van Slyke-Setzler Addition to the City of Fort
Collins, and
WHEREAS, On the 27th day of August , 1921, the
City Engineer duly reported to the City 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 sewer district , consisting of
449,426 12 square feet , and the rate of assessment per square
foot of $ 0119, and the cost for a lot 50 x 150 feet of $89 259
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 1st day of October , A D 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
a
o' clock P M on said day, for the purpose of hearing all com-
plaints or, objections that may be made in writing concerning
said proposed improvement by any owner or owners of real
estate to be assessed in said Sanitary Sewer District No 35,
before the final action to be taken on an ordinance creating
and organizing said district and authorizing 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 pro-
visions of Ordinance No 7, 1921, being an ordinance relating
to local public improvements , there be and hereoy is created
and organized Sanitary Sewer District No 35, consisting of
Blocks 1 and 2, Swett ' s Addition, and Blocks 1 and 2, Van Slyke.
Setzler Addition to the City of Fort Collins, and that the work
of construction of said improvements in said Sanitary Sewer Dis-
trict No 35 consist of a main sewer line and branches as per
map on file in the office of the City Engineer
Section 2 That pursuant to the requirements in
the resolution of the City Council adopted on the 27th day of
August , 1921, due notice was given to the owners of property to
be assessed in said Sanitary Sewer District No 35, by due and
lawful publication in the Fort Collins Courier , a daily news-
paper 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 of the City Clerk, which said
notice was to the owners of property to be assessed in the pro-
posed sanitary sewer district , composed of Blocks 1 and 2, Swett ' s
Addition and Blocks 1 and 29 Van Slyke_Setzler Addition to the
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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 de-
ferred installments , the extent of the district to be improved,
together with the probable cost per square foot as sho-un by the
estimate of the City Engineer , and the total area of real estate
to be assessed in said Sanitary Sewer District No 35, and the
cost per square foot , and to the further effect that on the let
day of October, 1921, at one o'clock P M , in Vie Council Chamber
of the City Hall in the City of Fort Collins, the City Council
would hear and determine all coianlaints and objections that may
be made and filed in writing, concerning said proposed improve-
ment by the owner of any real estate to be assessed in said pro-
posed aistrict That the map, plans and specifications and
estimate and all proceedings of the City Council in the pre-
mises are on file and can be seen and 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 let day of October, 1921s at the hour of one
o'clock P I , the City Council proceeded to hear any objections
that might have been filed respecting said proposed sanitary
sewer district , and no objections having been filed, the City
Council proceeded to determine that it was for the best interests
of the taxpayers of said Sanitary Sewer District No 35, as well
as the City of Fort Collins, that the period of payment should
be ten years in ten annual payments
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Section 3 The City Council further finds that
all requirements of the ordinance resr)eeting the resolutions,
and notices required by the same to be given in respect there-
to before the adoption of an ordinance ordering said improve_
ments, have been observed and complied with in all respects,
and it is hereby ordered that the improvements in said sani-
tary sewer district , as provided for in the map plans and
specifications heretiofore adopted by the City Council and
approved in this ordinancebe aid are hereby ordered to be con-
structed
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 Offieio City Treasurer which said bonds shall bear
gate at such time as may be fixed by the Commissioner of Finance
after the work of improvement has been commenced in said dis-
trict , 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 Sanitary Sewer District No 35, of the City of Fort
Collins, and shall be payable in ten (10) annual installments ,
ten per cent (10�) thereof payable in each and every year dur-
ing said period, and shall bear interest at the rate of six per
cent (6°Jo) per annum, payable semi-annually said interest to be
evidenced by coupons attached to the principal bond and attest-
ed by the iac simile signature of the City Clerk, which saia
bonds shall be in denominations of Five Hundred Dollars ($500 oo)
each Each of said bonds shall be subscribed by the Commissioner
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of Safety and Ex Officio Mayor and attested by the City Clerk
with the corporate seal of the City and registered 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 the moneys collected on account of assessments
made for said improvements, all moneys collected from said assess-
ments or from the sale of bonds shall be credited to Sanitary Sewer
District No 35 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 from 1 to ��,
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, sign-
ed and approved by the 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 absolu-
tely 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, 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 im-
provements, the payment, of all the bonds issued in virtue of this
ordinance is hereby guaranteed by the City of Fort Collins
Section 5 Said bonds and the coupons attached
thereto shall be in substantially the following form
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UNITED STATES OF AMERICA
STATE OF COLORADO
CITY OF FORT COLLINS
SANITARY SEWER DISTRICT NO 35
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 7, 1921, relating to local pub-
lic improvements, with interest thereon from date until pay-
rient at the rate of six per oentum 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 presentation and surrender
of the annexed cou-oons as they severally become due
This bond is issued for the purpose of paying
the cost of the local improvement in Sanitary Seder District
No 35 , 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, 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 Sanitary
Sewer District No 35, especially benefitted by said improve-
ments, 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 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 pay-
ment of said bonds is guaranteed by the City of Fort Collins
as providea 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, and it is further hereby
certified and recited that every requirement of law relating
to the creation of said Sanitary Sewer District No 35 , 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 precedent to and in the issuance of this
bond to render the same lawful and valid, have happened, and
been properly done and perf ormed, and did exist in regular
and due time , form and manner as required by law
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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, and the interest coupons
thereto attached, to be attested by the iac simile signature
of the City Clerk, as of the day of , 19
Commissioner of Safety
and Ex Officio Mayor
ATTEST
Cily 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 six
months' interest on its local improvement bond dated
, 1921, issued for the construction of the lo_
cal improvement known as Sanitary Sewer District No 35, pro-
vided this bond shall not have been heretofore paid
Attached to Bond 0o
City Clerk
Section 6 The Commissioner of Finance and Ex
Officio City Treasurer is hereby authorized and directed to
have printed a sufficient number of bonds of the denomination
of Five Hundred Dollars ($500 oo) , each, numbered from 1 to
inclusive, as is required to meet the estimates cost of said
improvement as herein provided, and when said bonas shall have
been duly prepared, they shall be retained by the City Treasurer
to be issued and delivered from time to time as hereimbefore
provided
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Section 7 Whenever considered prudent by the
City Treasurer , he is hereby authorized and empowered, whenever
funds may be in his hands to the credit of Sanitary Sewer Dis-
trict No 35 including six months' interest on the unpaid prin-
cipal , to advertise two insertions a- week apart , in the offi-
cial 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 said
bonds so called shall cease The notice shall specify the bonds
so called by number, and all said bonds so issued shall be call-
ed and paid in their numerical order
Section 8 Upon the taking effect of this ordi-
nance, the Commissioner of Safety and Ex Officio Mayor is here.
by authorized and empowered to advertise for bids for the con-
struction of said improvement in accordance with the map, plans
and specifications heretofore adopted which advertisement shall
not be 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 awarded for construction,
the City Council shall require a bond for the faithful perform-
ance of the same of not less than twenty-five per cent of the
contract price , with sufficient surety or sureties to be approv-
ed by the Commissioner of Safety and Ex Offioio 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 sur ervision of the City
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Engineer, whose decision in all matters of dispute respecting
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, 1921s
and this ordinance, and that the agreed payments shall not ex-
need the estimate of the City Engineer and the amount appro-
priated and that upon ten days' notice, the e,ork under said
contract , without cost or claim against the City of Fort Col-
lins, may be suspended for substantial cause and upon complaint
afany 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 com-
plaint and make such order as may be just , and its decision
shall be final The City Council shall have the right to re-
ject any and all bids which may be made by any person or per.
sons for the construction of said 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 pur-
chasing the necessary materials to do such work under the direo_
tion, supervision and control of the Commissioner of Worse and
the City Engineer , acting for said City
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Section 9 When said -oublic improvement in
Sanitary Sewer District No 35 shall have been completed
and the same approved by the City Engineer , recommended for
acceptance by said officer , and duly acoe-ated by the City
Council of the City of Fort Collins, the cost thereof shall
be assessed upon all the real estate in said district as the
area of each piece of real estate in said district is to t ne
area of all the real estate in the district , exclusive of
public highways which said assessinentis when made and report-
ed by the City Engineer and approved by the City Council,
shall be assessed against the property in Sanitary Sewer Dis-
trict No 35, by an ordinance to be adopted as provided by
Ordinance No 7 , 1921
Section 10 For the purpose of paying for erg
gineering and other clerical expenses and the cost of inspeo_
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 sail
City, and sell as many bonds as may oe necessary and use the
prodeeds thereof for said purpose and in accordance witn tIB
provisions of Ordinance No 7, 1921
Section 11 This ordinance snall be irrepeaL
able until the indebtedness herein provided for , whenever tie
same snall be created shall have peen fully paid, satisfied
and discharged as herein provided
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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 puolication under and by virtue of the autho-
rity contained in Sections 6 and 7 of Article IV of the City
Charter
Introduced read at length and adopti ed by the
unani,nous vote of all the meabers of the City Council this 1st
day of October , A D 1921
Commissioner of Saf etj and
Ex Officio Mayor
ATTEST
City Clerk
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STATE OF COLORADO )
SS
COUNTY OF LARIdER )
I A J ROSENOW, City Clerk of the City of
Fort Collins, do hereby certify and declare that the fore-
going ordinance, consisting of twelve (12) sections , was duly
proposed and read at length at a regular meeting of the City
Council held on the lot day of October , A D 19213, 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,
A D 1921, said Ordinance No 2 y was duly published in the
Fort Collins Courier, a daily newspaper published in the Citj
of Fort Collins, Colorado
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed the seal of said City this day of October,
A D 1921
City Clerk