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HomeMy WebLinkAbout020 - 09/03/1921 - RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT NO. 34 (EMERGENCY ORDINANCE) ORDIPA1ICE I?O. 00, r re AN EPIERGEI?CY OFIIITADICE 'T, 1 0 v" CREATIOi? AND OR- GAIdIZAT2Oii OF SANITARY SrTER PI"1=:Il ' O. 34, PROVIDI1M FOR I I:'PPOV iF iv'TS i zERE O:TST�U CT 10 OF TI ? F:ID AUTHORIZING Tu.E ISSUA YCE OF BONDS TO PAY THT COST 7THE CO- S_RUC'TION THEREOF WHEREAS, Under the authority and pursuant to the provisions of Ordinance i1o. 7, 1921, the City Council, on the .30 day of July duly passed and adopted a resolution Irovidin� for t. organization of a sanitary sewer district and 3esi'Snatiag the boundaries t:cereof and the lots &-rd blocks vrein> for the purpose of constructing a sanitary sewer line in a district composed of Blocks 74 and 83 in the City of Fort Collins; and WHEREAS, On the 30th day of July, 1521, the City Engineer duly reP orted to the City Council the esti:.;ated coat 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 , c r fisting of216 F7.�f� !0 square feet and the -rate of assessment perrsnu oo ; and WFEREAS, Pursuant ro 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 3d day of September , A.D. 1921 , by the City Council at a regular meeting thereof to be held in the Council ChLber in t`ne City :fall in the City of Fort Collins, at the hour ofone o ' clock P .:d. on said day, for tiie purpose of hearing; all com- plaints or obJections that L:ay b- :aade in writing concerning said __roposed improvement by any owner or owners of real astate to be assessed in said Sanitary Sewer District No. 34, before the final action to betaken on an ordinance creatin.� and organiz- ing said district and authorizing the improvements to be con- structed therein; therefore BE IT ORDAINED BY THE CITY COUNCIL OF THr CITY OF FOR't' COLLI=?S: 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 hereby is created and organized Sanitary Sewer District No. 34, consisting of Blocks 74 and 83 in the City of Fort Collins, and that the :.orA of construction of said improvements in said Sanitary Sewer Dis- trict No. 64 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 require;aents in the resolution of the City Council adopted on the 30th day of July) 1921, due notice was given to the owners of property to be assessed in said Sanitary Sewer District No. 34, 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 74 and 83 in the City of Fort Collins, and designating the kind of improve- ment proposed, the number of installments, the time in which the Cost would be payable, tho rate of interest on un 'aiu wn'i deferred installments, the extent of the district to be im- -2- proved, together .with the probable cost per square foot as shown by the estimate of tine City Engineer, and the total area of real estate to be assessed in said Sanitary Sewer District No. 34, and the cost per square foot , and to the further effect that on the 3d day of September, 1921 , at one o'clock P .-'T. , in the Council Chamber of the City Hall -in the City of Fort Collins, the City Council would hear and determine 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 said pro- osad district . That the map , plans and epecifications and estimate and all Troceedings of the City Council in t::e 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 Harty days by any person interested. That pur- suant to said notice, on the 3d day of Septeaber, 15u1, at the hour of one o' clock P .;d. , 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 i:o. 34, as well as the City of Fort Collins, that the period of payment should be tan years in ten annual payments. Section 3. The City Council further finds that all the requirements of the ordinance respecti_a the resolutions , notices required by the same to be given in res- rect thereto before the ad^rticn of an ordinance ordcri:.e said improvement , have been observed and eoia,pIied with in all res- -3- peots, and it is hereby ordered that the improvements in said sanitary sawer' district , as provided for in the map, Flans and specifications heretofore adopted by the City Council and appro- ved in this ordinance be and are hereby ordered to be constructed. Section 4. For the purpose of paying the cost of said iinprovewents, bonds of the City of Fort Collins are hereby authorized to be issued by the Commissioner of Finance and Ex Officic City Treasurer, which said bonds shall bear date at such time as may be fixed by the Commissioner of Finance after the work of imrzoveiaent has beer, commenced in said district , but said date shall be uniform for all bonds issued, and in such fors: as may 'se approved by the City Council , after submission by the Commis- sioner of Finance; said bonds shall bear t're name of Sanitary Sewer District No . 34, of the City of Fort Collins, and shall be payable in ten (10) annual installments , ten per cent (100) thereof payable in each and every year during said period, and shall bear interest at the rate of six per cant (81/0 ^ea annum, payable semi-annually, said interest to be evidenced by coupons attached to -the principal bond and attested by the fac simile signature of the City Clerk, which said bonds shall be in denomin- ations of Five Hundred Dollars (:�500. 00) each. Each of said bonds shall 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 Yvith the City Treasurer, and shall be de- livered from time to time as required for th-I 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 assessments or from the sale of oonas shay_ oe creuited to Sanitary Sewer District No . 34, ana _4_ the funds so collected shall only be used for the payment of the work of construction of said improvements and the interest thereon. Said bonus shall be numbered £roil 1 to S , inclu- sive , and shall be redeeiable, comwencin, one year after date thereof , consecutively, and according to number and in Order of issuance. Said bon'Is shall only be issued and delivered by the City Treasurer on estimates and order of t'_.e City Engi- ne r , signed and approved by the Commissioner of Safety and Ex Officio -ayor , 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 date of issue but shall be subject to call and payment at ally time prior t_:�Greto, as provided in Ordinance "Yo. 7, 1921 , 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. Section 5 . Said bonds and the coupons attachea thereto shall be in substantially the following form: UNITED STATES OF AIERICA STATE OF COLORADO CITY OF FORT COLLINS SAPITARY SETER DISTRICT NO. 34 . 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 �o call and paymeiiL , novever , at any tine prior t?ereto, as provided in the aYiendment to Section 1 of Article XVII , of the City Charter, passed and adopted April 4, 1920 , and Ordinance No. 7, 1`21, relating to local public improvements, .with interest thereon froze date until payment at the rate of six per centum er annul:., payable semi-annually, on the day of and t_ie day of , at the offhce of the City Treasurer of the Ci ;y of Fort Collins, upon pre- sentation and surrender of the annaxad coupons as c'ney sev- erally become due. This bond is issued for the purpose of paying t;.e cost of the local improve--ant in Sanitary Serer District o . 34, by virtue of and in full aonforiLity with theanendment to Section 1 of Article XVII of the City Charter , passed and adopted April 4, 19210, 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 Ho. 34, especially benefitted by said improve- nents, and the amount of the assessment so to ba ;:ade upon the real estate in said District for the payaient ty:ereof , r:ith 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 eneral taxes, but pay- mant of said bonas 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 'ponds of said ility for ssid dis- Griuz , including . 4iis bond, does net exceed t'ne 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. 34, the :,aking of said local improvement and the issuance of this bond, has been fully complied .^pit h by the proper officers of said city, an:. that all conditions required to exist and all things re^uired to b_a done precedent to and in the issuance of this bond to render the sable lawful and vali;i, have happened, and been properly done and performed, and did exist in regular and ue time, form and manner as recuired by law. In Testimony whereof , the said City of sort Collins has caused this bond to ba subscribed by its Commis_ sioner of Safety and ExOfficio `.»ayor, attested by its City Clerk under the seal of said city, and tzie interest coupons thereto attached, to be attested by the fac simile signature of the City Clerk, as of the day of 19 ommiseionar of Safety an ATTEST: Ex Officio ;iayor . City er.c. _6- (Form of Coupon) iT O. On the day of 19 the City of Fort Collins will pay to -.he 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 local improveuiant known as Sanitary Sewer District PTO. 34i provided this bond shall not "nave been heretofore paid. Attached to Bond 'To. C by Clerk . Section 6. The Co _issioner 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 (4500. 00) each, numbered from 1 to , inclusive, as is required to meet the estimated cost of said improvement as herein provided, and when said bonds shall have been duly prepared, they shall be retain. d by the City Treasurer to be issued and delivered from time to time as hereinbefore provided. Section 7. Whenever considered prudent by the City Treasurer , he is hereby authorized and empowered, whenever funs may be in his hands to the credit of Sanitary Sewer Dis- trict Yo. 34, 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 called and paid in their numerical order. -7_ , Section 8. Upon the taking effect of this ordinance, the Commissioner of Safety and Ex Officio layor is hereby authorized and empowered to advertise for bids for the construction of said improvement in accordance with the map, plans and specifications heretofore adopted, which advertise,-,ant shall not be less than ten (10) days in the daily, official newspaper published in the City of Fort Col- it s, and, all bids received under said advertiseiia3nt shall 'je , submitted to the City Council for approval or rejection, and no contract sl]all be awarded in excess of the City Envi- r_eer 's estimate of the cost of said improvement . After the contract is awarded for construction, the City Council shall require a bona for the faithful performance of the same of not less than twenty-five per cent of the contract price, with sufficient `surety or sureties to be approved by the Commissioner of 'Safety and Ex Officio Yayor, and the work of construction when so awarded under said contract shall be under the general control of the Co=aissioner of Public Works ,nd in the imr.ediate charge, control and supervision of the City Engineer, whose decision in all matters of dispute res- pecting compliance wit'i this ordinance and the contract made .'hereunder, and the plans and specifications, shall be final and binding u ,on all pastias t"hereto. 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, 19131, and this ordinance, and that the agreed Najutuiius .shall not emceed. the estimate of .the City Ln6ineer and the amount appropriated, ana that upon ten days ' notice , -6- 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 iyprovement 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 to reject any and all bids which _-ay be made by any person or persons for the construc- tion of sAd i,;: roveu4ents , 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 purchasing the necessary materials to do such work un"er the direction, supervision and control of the Co,uAssioner of Forks acid tie City Engineer , actin`; for said City. Section 9. 7,"hen said public improvem nt in Sanitary Sewer District No. 34 shall have been completed and the same approved by the City Engineer , recof_:,tnaed for acceptance by said officer , and iuly accepted '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 saia district is to the area of all the ,real estl.te in the district , exclusive of public highways , which saia assessments when Lade and report- ed by the City Engineer and approved by the City Council, s'nall be assessed against tle property in Sani-�ary Sewer Lis- trice To. 34, by an ordinance to be adopted as provided by Ordinance TTo. 7, 192;1. Section 10. For the purpose of paying for en- gineering and other clerical exrenses and the cost of inspec- tion, upon the approval of the City Council, the Commissions 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 ;:.any bonds as niay be necessary and use the proceeds thereof for said purpose, and in accoraance with the provisions of Ordinance No. 7, 1�21. Section 11. This ordinance shall be irrepeal- able until the inaeoted.ness herein provided for, whenever the sage s'_.all be created, shall have 'been fully paid, satisfied and 6iso:1arged as herein provided. Section lu. In the opinion of the City Cound 1 an emergency exists for the ;reservation of the public health, peace and safety, and t'.is :rdinance sl.all take effect upon its passage and publication un: er and by virtue of tine autho- rity contained in Sections o and 7 of Article IV of the City Ch:rt er. Introduced, read at length and adopted by the unanimous vote of all the members of the City Council this 3d day of September, A.D . 1921. Commissioner of Safet y and P.TiE�� Eh Officio rayor . City Clerk. _10- STATE OF COLORADO ) SS . COUNTY OF LARIUER ) I , A. J. ROSENOW, City Clark of the City of Fort Collins, do hereby certify and declare that the fore- going ordinance , consisting of twelve (12) sections, vas duly proposed and read at length at a regular meeting of t he 'City Council held on the 3d day of September , A.D. 1921, and was duly adopted an,1 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 e4ergency ordinance, in accordance iith the provisions of Sections 6 and 7 of Article IV of tae City Charter; and thereafter , on towit : the e" day of September , 1-021, said OrlAinance No. ' o was duly published in the Fort Collins Courier, a daily newspaper published in the City of Fort Collins, Colorado. IN FITNESS THEREOF,. I Nava � "hereunto set my nand and affixed the seal of said City this day of , 1921 . City Clark.