HomeMy WebLinkAbout012 - 05/28/1921 - RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT NO. 32 (EMERGENCY ORDINANCE) • ORDIANCE NO.
BEING AN EMERGENCY Oi:DINA`X E RELATING TO THE CREATION AND
ORGANIZATION OF SANITARY SEWER DIS`PRICT NO. 32, PROVIDING
FOR THE CONSTRUCTION OF THE I PROVEMENTS THEREIN AND AUTHO-
RIZING THE ISSUANCE OF BONDS TO PAY THE COST OF THL CON-
STRUCTION THEREOF .
WHEREAS, Under the authority and pursuant to
the provisions of Ordinance 2So. 7, 1c;21 , the City Council ,
on the 16th day os April, 1921 , duly passed and adopted a
resolution providing for the organization of a sanitary
sewer district and designating the boundaries thereof and the
lots ana blocks t_zerein, for the purpose of constructing a
sanitary sewer line in the alley thru Blocks 6 and 7 , Scott-
Sherwood Addition to the City of Fort Collins; and
T HEREAS, on the 23d day of April, 1�21, the
City Engineer duly reported to the City Council the estimated
cost of the said sanitary sewer and the schedule of asse-'s-
ments upon the lots and blocks in said sanitary sewer district ,
and w:nich said report and estimate further described the total
area to be assessed in said sanitary sewer aistricc , consisting
Of30# 000 square feet and the rate of assessment per square
foot ; and
WHEREAS, Pursuant to said resolution, the Cit /
Clerk caused notice thereof to be publisned 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 26th day of lay, l"l, by the City Council at a
regular meeting thereof to be held in the Council Chamber in
the City :fall in the City of Fort Collins, at the hour of one
o' clock P .1. on said day, or the purpose of hearing all com-
piainte 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 1Jo. 32, before
the final action to be taken on an ordinance creating and or-
ganizing said district and authorizing the improvemn nts to be
constructed therein; therefore
BE IT ORDAINED BY THE CITY COUNCIL OF Ti:E CITY OF FORT COLLINS:
Section 1 . That pursuant to the terms and provi-
sions of Ordinance No. 7, 1921 , being an orainance relating to
local public improvements , there be and hereoy is created and
organized Sanitary Sewer District No. 32, consisting of Blocks
6 and 7, Scott-Sherwood Addition to the City of Fort Collins,
and that the work of construction of said improvements in said
Sanitary Sewer District No. 62 consist of a main sewer line and
branches as per map on file in the office of the City Clerk.
Section 2. That pursuant to the requirements
in the resolution of the City Council adopted on the 26d day of
April, 19u1 , due notice was given to the owners of property to
be assessed in said Sanitary Sewer District No. 32, 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 b: assessed in the pro-
posed sanitary sewer district , composed of Blocks 6 and 7, Scott-
Sherwood Addition to the City of Fort Collins, and designating
the kina of improvement proposed, the nuiber of installments,
�ha time in which the cost would be payable, the rate of interest
on unpaid and deferred installments, the extent of the district
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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. 32, and the total cost on an ordinary lot 50 x 190
feet , and to thefurther effect that on the 28th day of :day, 1921
at one o' clock P.I. in the Council Chamber of the City Hall in
the City of Fort Collins, the City Council would hear and con-
sider 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 proposed district . That
the map, plans and specifications and estimate and all proceed-
ings of the City Council in the premises 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 per-
son interested. That pursuant to said notice , on the 25th day
of lay, 1921, at the hour of one o' clock P.I. , the City Council
proceeded to hear any objections that might have been filed res-
pecting said proposed sanitary sewer district , and no objections
having been filed, the City Council proceeded to determine it
was for best interests of the taxpayers in said Sanitary Sewer
District Wo. 3N, as well as the City of Fort Col-ins, that the
period of payment should be ten years in ten annual payments.
Section o. The City Council further finds that
u11 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 imr roveHent , have
been observed and complied with in all respects, and it is hereby
ordered that the improveincnts in said sanitary se,,er district ,
as provided for in the may, , plans and specifications heretofore
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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, bonds of the City of Fort Collins are
hereby authorized to be issued by the Commissioner of Finance
and Ex Officio City Treasurer, which said bonds shall bear
date at such time as may be fixed by the City Treasurer after
the ,,York of i.nprovement has been commenced in said district ,
but said date shall be uniform for all bonds issued, and in
such forma as may be approved by the City Council after submis-
sion by the Commissioner of Finance; said bonds shall bear the
name of Sanitary Sewer District No. 32, of the City of Fort
Collins, and shall be payable in ten (10) annual installments,
ten per cent (10j�) thereof payable in each and every year dur-
ing said period, and shall bear interest at the rate of six
per cent (6,0) per anrum, payable semi-annually, said interest
to be evidenced by coupons attached to the principal bona and
attested by the fac simile signature of the City Clerk, which
said bonds shall be in denominations of Five Hundred Dollars
(4500.00) 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
with the City Treasurer , and shall be delivered from time to
ti_,e 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 assessments or from the sale of bonds shall
be credited to Sanitary Sewer District No. 32, and the funds
so collected shall only be used for the payment of the work of
construction of said improvements and the interest thereon.
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Said bonds shall be numbered from 1 to 7, inclusive, and shall
be redeemable, co=encing one year after date thereof , conse-
cutively and according to number and in order at' issuance.
Said bonds shall only be issued and delivered by the City
Treasurer on estimates and order of the City Engineer , signed
and approved by the Commissioner of Safety and t:x Offioio Mayor,
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 any time prior
thereto, as provided in Ordinance No. 7, 1921, relating to local
public improvements . Pursuant to the power and authority
contained in Section 29 of Ordinance No . 7, 1y21, 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 b . 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
SAv'ITARY ST7ER DISTRICT NO. 62.
J 0.
The City of Fort Collins, in the County of
Lari-.er and State of Colorado, for value received, acknow-
ledges itself inaebted and hereby promises to pay to the
bearer hereof the sum of Dollars in lawful money
of the United States, at the offi :e 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 amendLent to Section 1 of Article XVII of
tha City Charter , passed and adopted April 4, 1�120, and
Ordinance No. 7, 11, relating to local public improvements,
with interest thereon fromdate until payment at the rate of
six per centum per annum, payable semi-annually, on the _
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day of and the day of at the office
of the City Treasurer of the City of Fort Collins, upon presen-
tation and surrender of the annexea coupons as they severally
become due.
'ibis bond is issued for the purpose of paying
the cost of the local improvement in Sanitary Sewer District
No. 32, 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, 1y20 , and Ordinance No.. 7, 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. 32, especially beneiitted by said improve-
ments, and the amount of the assessment so to be made upon the
real estate in saia District for the payment thereof , with
accrued interest , is a lien upon the said real estate in the
respective a::ounts 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 provided by ordinance; and it is hereby certified and recited
that the total issue of bonds of said cityfor said district , in-
cluding this bond, does not exceea the estimate of the City
Engineer, and the contract price for said improve:L-ent , 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. 32, the making of said
local improvement ana the issuance of this bona, has been fully
complied with by the proper ofiieere of said city, and that all
conditions required to exist and all things required to be done
precedent to and in the ise-aance of this bond to render the
same lawful ana vali� , have happened, and been properly done and
performed, and did exist in regular and due time, form and man-
ner as required by law.
In Testimony Whereoi, the said City of Fort
Collins has caused this bond to be subscribed by its Commissioner
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
Commissioner of Saf ety an
ATTEST: hx Officio �.ayor.
ty Clerk.
(Form of Coupon) .
On the day of 1- t'�e— C— ity o
Fort Collins will pay to the bearer Dollars in
lawful money of the United States, at t.ia office of the City
treasurer of Fort Collins, Colorado, being six months' interest
on its local iii,proveraent bona dated issued
for the construction of the local improvement known as Uanitary
Sewer District uo. 32; provided this bona shall not have been
heretoiore paid.
Attacnea to Bond No.
-6- ty er.. .
Section b. Tne Commissioner of Finance and
n,x Officio City Treasurer is hereby authorized and directed
to have printed a sufficient number of bonds of the denomina-
tion of Five Hundred Dollars (§500.00) each, numbered from 1
to 'r, inclusive , as is required to meat 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, when-
aver funds may be in his hallos to the credit of Sanitary Sewer
District No. 32, including six months ' interest on the unpaid
principal, to advertise two insertions, a weeL apart , in the
official newspaper of said City and call in a suitable ni"ber
of bonds of said aistrict for payment , and at the expiration
of thirty (3O) days from the first publication interest on
said bonds so called shall cease. The notice snail sTPecify
the bonds so called by number , and all said bonds so issued
shall be called and paid in their numerical order .
Section 8. Upon the taking effect of this ordi-
nance, the Commissioner of Safety and hx Officio Iayor 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, whicn advertisement shall not
be less than ten (10) days in the daily, official newspaper pub-
lished in the City of Fort Collins, and all bias received under
said aavertisamtanz snail b submitted to the City Council for
approval or rejection, and no contract shall be awarded in excess
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of the City Engineer ' s estimate of t'r.e cost of said improve-
ment . After the contract is awarded for construction; the
City Council shall require a bones 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
approved by the Commissioner of Safety and Ex Ofiicio 1ayor,
and the work of construction when so awarded under said con-
tract sha11 be unaer the general control of the Commissioner
of Public Works and in the immediate eaarge , control and super-
vision of the City Engineer, whose decision in ail matters of
aispute respecting compliance with this ordinance and the con-
tract made thereunder, and the plans and specifications, shall
be final and binding upon all parties thereto. When said con-
tract 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 Ordi-
nance 7o. 7, 1;j21, and this ordinance, and that the agreed pay-
ments shall not exceed the estimate of the City Engineer and
the amount appropriated, and that upon ten days' notice the
work under saia 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 construct-
ed in accordance wit^. the contract , then the City Council may
consider the comrlaint and make such order as may he just , and
its decision shall be final. The city Council shall have the
right to raject any and all bids which may be made by any person
or persons for tha construction of said improvements , ana when
in the jud w ent of the City Council it shall be deemed to the
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best interests of said City of Fort Collins, the said City
Council is hereby authorized and empowered to provide for
doing; such work by Kirin.- parties by the day and to arrange
for purchasing the necessary Materials to do such work unxer
the direction, supervision any control of the Commissioner of
Works and the City Engineer , acting for said City.
Section 9. When said public improvement in
Sanitary Sewer District No. 32 shall have been completed and
the same approved by the City Engineer , recommended for accep-
tance by said officer, and duly accepted by the City Council of
the City of Fort Collins , the cost thereof shall be assessed upon
all the real asta,ta in said district as the area of each piece
of real estate in Baia district is to the area of all the real
estate in the district , exciusive of public highways, wnich said
assessments when made and reported by the City Engineer and
approved by the City Council, shall be assessed against the pro-
perty in Sanitary Sewer District i1o. 32, 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 t--ie 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, 18 1.
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Section 11. This ordinance dha.11 be irrepealable
until the indebtedness herein provided for , whenever the sa--ae
shall be created, shall have been fully paid, satisfied and dis-
charged as herein provided.
Section 12. In the opinion of the City Council
an energency exis-�s 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 un-
animous vote of all the members of the City Council this 28th
day of May, A.D . 1921.
Comaissioner� o f et y and
ATTEST: - Ex Officio Mayor.
/ City ems.
�.10.�
STATE OF COLORADO )
SS.
COUNTY OF LARI21ER )
I, A. J. ROSENOW, City Clerk of the City of Fort
Collins, do hereby ca-rtify 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 28th day of May, 1921, and was duly adopted and ordered pub-
lished 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
sr-
IV of the City Charter; and thereafter , on towit : the 3/ 'day
of 1y21, said Ordinance No. was duly published in
The Fort Collins courier , a daily newspaper published in the City
of Fort Collins, Colorado .
IN TI XESS 'THEREOF, I have hereunto set my hand
�r
ana affixed the seal of said City this 3/ day of ,
1921.
City Clerk.
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