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HomeMy WebLinkAbout013 - 05/28/1921 - RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT NO. 33 (EMERGENCY ORDINANCE) ORDNANCE NO. BEING AN MiERGENCY ORDINANCE RELATI;G TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT N0. 33, PRO`,IDING FOR THE CO`ISTRUCTION OF THE I:PROVMNTS THEREIN AND AUTHO- RIZING TFE ISSUANCE OF BONDS TO PAY THE COST OF THE CON- STRUCTION THEREOF. WHEREAS, Under the authority and pursuant to the provisions of Ordinance No. 7, 1521 , the City Council, on the lath day of April, 1-21, duly passed and adopted a resolu- tion providing for the organization of a sanitary sewer district and designating the bounaaries thereof an:.l the lots and blocks therein, for the purpose of constructing a sanitary sewer line on the west side of iason Street to serve the East Half of Blocks 102, 106 , 1 4, 105 and 106 in the City of Fort Coilins; and WBEREAS, On the 23d day of April, 1y21, the City i:ngineer aulyieported 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 ��t ♦ square feet and the rate of assessment per square foot; and ' WHEREAS, Pursuant to said resolution, the City Clerk caused notice thereof' to be puoiished in the official newspaper of the City of Fort Collins for a period as provided by ordinance, and provided in said notice that a '.,earin; would be had on the loth day of May, 1521, by the City Council at a regular meeting thereof to be held in the Council Chamoer in the City .Mall in the City of Fort Collins , at the hour or one o' clock P.I. on said day, for the purpose of hearing all corgi plaints or objections that may be mane in writing concerning said proposed LTprovement by any owner or owners of real estate to be assessed in said Sanitary Sewer District No. 33 , before the final action to be taken on an ordinance creating and or- ganizing said district ana authorizing the improveaents to be constructed therein; therefore BE IT ORDAINED BY THE: CITY COUECIL 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 improvem nts, there be and hereby is created and organized Sanitary Sewer District No. o,s, consisting of the East Half of Blocks 102, 106, 104, 105 and 106 in the City of Fort Collins , and that the work of construction of said improve- ments in said Sanitary Sewer District No . 33 consist of a main sewer line d branches as per reap on file in the office of the City e-er . Section That pursuant to the requirements in the resolution of the City Council adopted on the 23d day of April, 1' ul, due notice was given to the o•,rners of property to be assessed in said Sanitary Sewer District :do. 3b , by due and lawfl.l 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 the i:ast Half of Blocks 10�, 103, 104, 105 , and 106 in the City of Fort Collins, and designating the kind of improvement proposed, the number of installments , the time in which the cost woula be payaole, the rate of int--rest on unpaid and deferred installments , the extent -2- of the district to be improved, together with the 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. 33, and the total cost on an ordinary lot 50 x 190 feet , and to the further effect that on the &A h day of May, 1921, at one o ' clock P. .. , in the Council Chamber of the City Hall in the City of Fort Co-.sins, the City Council would hear and consider all complaints and objections that may be made and filed in writing, concernin-,r 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 are on file and can be seer. and examined at the City Clerk ' s office during business hours at any time within said period of thirty days by any person in- terested. That pursuant to said notice, on the 28th day of lay, 1921, at the hour of one o' clock P.M. , the City Council proceeded to hdar 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 it was for the best interests of the taxpayers of said Sanitary Sewer District No. 36, as well as the City of Fort Collins, that the period of payment should be ten years in ten annual payments. Section 3. The City Council further finds that all the requirements of the ordinance respecting the resolutions, notices required by the same to be given in respect thereto be- fore the adoption of an ordinance ordering said improvement , have been observed and coe:plied with in all resrects, and it is hereby ordered that the i=)rovements 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, bon-LB of the City of Fort Collins are hereby authorized to be issued by the Comr:assioner of Finance and Ex Officio City Treasurer , which said bones shall bear date at such time as may be fixed by the Cormissioner of Finance after the work of improvement has been commenced in said district , but said date shall be uniform for all bonds issued, and in sunh form as may be approved by the City Coun- cil, after submission by the Commissioner of Finance; said bonds shall bear the name of Sanitary Sewer District No. 33, of the City of Fort Collins , and shall be payable in ten (10) annual installments, ten per cent (10jo) thereof payable in each and every year during said period, and shall bear interest at the rate of six per cent (6/0) per annum, payaole semi- annually, Baia 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 denominations of Five Hundred Dollars W500.00) each. Each of said bongs shall be subscribed by the C0mmAssioner of Safety and Ex Officio layor and attested by the City Clerk with the corporate seal of the City and registered with the City Treasurer, and shall be delivered frorw 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 improve- ments; all moneys collected from said assessments or from the sale of bonus shall be credited to Sanitary Sewer District No. ao, and the tunas so collected shall only be used for the payment of the work of construction of said improvements and the interest thereon. Said bonds stall 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 . -4- Said bonds shall only be issued ana delivered by the City Treas- urer on estimates and order of the City Engineer, signed and approved by the Commissioner of Safety and Ex Officio aayor, when said estimates have been duly audited and approved by the City Council and ordered paid. All of said bonus s-nall be absolutely due and payable ten (10) years from the date of issue but shall oe subject to call and payment at any time prior thereto, as provided in Ordinance No. 7, 1J21, relating to local public im- provements. Pursuant to the power and authority contained in Section 2i�, of Ordinance No. 7, 1 21 , relatinc-; 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 attached whereto shall be in substantially the following corm: UNITED STATES OF PIERICA STATE OF COL17RADO CITY OF FORT COLLINS SANITARY SEDER DISTRICT NO. 33. No. The City of Fort Collins , in the County of Larimer ana State of Coloraao, for value received, acknow- ledges itself indebted and hereby promises to pay to the bearer hereof the sum of Dollars in lawful Yoney of the United States, at the office of the City 'Treasurer of said City, on the day of subject to call and payment , however, at any time prior thereto, as ;-roviaed in the amendment to Section 1 of Article XVII of the City Charter , passed and adopted April * , and Ordinance No. 7, 1021, relating to local pudic improvements, with interest t`_:ereon 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 Presen- tation and surrener of the annexea coupons as they severally becoi;e due. -5- This bond is issued for the purpose of paying the cost of the local improvement in Sanitary Sewer District ido. 3o, 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 , and Ordinance No. 7, relating to local public improvements. This bond is payable out of the proceeds and special assessments to be levied upon toe real property situate in the City of Fort Collins in said Sanitary Sewer District No. 36 , 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 Navin; priority over all other liens, except other aonas heretofore issued by said City, and the lien of general taxes, but payment of said bonus is guaranteed by the City of Fort Collins as pro- viaed by ordinance; and it is hereby certified and recited that the total issue of bonds of said city for said district , in- cluding this bond, does not exceed the estimate of the City Engineer , and the contract price 2or said improvement , nor the amount authorized by law; and it is further hereby certified and recited that every requirement of law relating to the crea- tion of said Sanitary Sewer District No. 33, the making of said local improvement and the issuance of this bond, has been fully co ,plied with by the proper officers of said city, and that all conditions required to exist and all thins required to be done precedent to and in the issuance of this bond to render the same lawful and valid, have happened, ana been properly done and performed, and aid exist in regular and due time , form and man- ner as required by law. In Testimony whereof , the Baia City of Fort Collins has caused this bond to be subscrioea by its Comr..lssiontr of Safety and Ex Off icio Mayor , attested by its City Clerk under the seal of said city, and the interest coupons thereto attached, to be attested by the fac simile signature of the City Clerk , as of t:ae day of l Commissioner of 3alety and ATTEST: roc Ofzicic Mayor . City Clark. (r'orm of Coupon) . No. On the day of 1,e , the City of Fort Collins will pay to the bearer Dollars in lawful money of the United States, at the of:iice of the City Treasurer of Fort Collins, Colorado, being six months' interest on its local improvement bond gated , 1921, issued for the construction of the local improvement known as Sanitary Sewer District No. 36; provided this bond shall not have been heretofore paid. Attached to Bond No. City Clerk. -6- Section B. The Commissioner of Finance and Ex Officio City Treasurer is hereby authorized and directed to have printed a sufficient number of bonds of the denomina- tion of Five Hundred Dollars (OOO. 00) each, numbered from 1 to I'/ , 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 retained 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 funds may be in his hands to the credit of Sanitary Sewer Dis- trict No. 36, including six months' interest on the unpaid prin- cipal , to advertise two insertions, a week apart, in the official newspaper of said City and call in a suitable number of bons of said district for payment , and at the expiration of t;:irty (30) days from the sirst publication interest on said bongs 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 3. Upon the taking effect of this ordi- nance, the Commissioner of Safety and Ex Officio mayor is hereby authorized and empowered to advertise for bids for the construc- tion 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 pub- lishlad 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 improvement . After the contract is awarded for construction, the City Council -7_ 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 surety or sureties to be approved by the Com- missioner of Safety _and Ex Officio Iayor , and the work of con- struction 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 City Eng- ineer , whose decision in all Natters of dispute respecting compliance with this ordinance and the contract made thereunder , and t' e 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, a= 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 riot being constructed in accordance with the contract , then the City Council may consider the complaint and make such order as iaay 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 construc- tion of said improvements, and when in the judgment of the City Council it stall be deemed to the best interests of said City of Fort Collins , the said City Council is hereby authorized and eiii- powered to provide for doing, such work by hiring parties by the day and to arrange for purchasing the necessary materials to do such work under the airection, supervision and control of the Commissioner of Tcrks and tric City En-ir_ecr , actin; for sail City. Section 9. Then said public improvement in Sanitary Sewer District No. 33 shall have been completed and the same approved by the City Engineer , reco;renended for accep- tance by said officer, and duly accepted by the City Council of tie City of Fort Collins, thecost 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 estate in the district , exclusive of public highways , which said assessments when :wade and reported by the City Engineer and approved by the City Council , shall be assessed against the pro- perty in Sanitary bewer District No. 36 , by an ordinance to be adopted as proviaed 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 So. 7, 19?,1. Section 11. This ordinance shall be irrepealable until the indebteaness herein provided for , whenever the same shall be created, shall have been fully paid, satisfied and dis- charged as herein proviaed. 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 unaer and by virtue of the authority con- tained in Sections 6 and 7 of P_rticle IV of the City Charter . -0- Introduced, read at length and adopted by the unanimous vote of all the members of the City Council this 28th day of may, A.D . 10-21 . Commissioner of Safety and tx Officio Mayor . ATTEST: (City Cler7k. -10- STATE OF COLOR4DO ) SS. COUIJTY OF LARIAER ) I , A . J. ROSE':OW, City Clerk of theCity of Fort Collins, ao hereoy certify and declare that 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 2ath day of 1Say, 1a21, and was auly adopted and ordered published in the Fort Collins Courier, a daily news- paper 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 Iti of the City Charter; and there after , on towit : the & day of 1921, said Ordinance Ido. was duly published in the _'ort Collins Courier, a daily newspaper published in the City of Fort Collins , Colorado. IN WITNESS THEREOF, I have hereunto set my hand ,�i-- and affixed the seal of said City this 31 day of fW"/ , 1921. City Clerk.