Loading...
HomeMy WebLinkAbout012 - 06/28/1919 - RELATING TO THE PRELIMINARY ORGANIZATION OF STORM SEWER DISTRICT NO. 5 AND PROVIDING FOR THE CREATIO ORDINANCE P40 a 1919 BEIDJG AN WE°GEIICY ORDINANCE RELATING TO TFE PRELIMINARY ORGANIZATION OF STORM SEIVER DISTRICT NO 5 AND PROVID- ING FOR THE CREATION AND ORGANIZATION OF STORM SEWER SUB-DISTRICT NO 1, ESTABLISHING ThE BOUNDARIES OF SAID SUB-DISTRICT NO 1 PROVIDING POP THE CONSTRUCTION OF THE STORM SEWERS THEREIN AND AUTHORIZING THE ISSUANCE OF INTEREST BEARIING WARRANTS TO PAY THE COST OF CONSTRUC- TION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That pursuant to a resolution of the City Council duly passed and adopted on the 86th day of May 1919 it was ordered oy the City Council that provisions be made for the creation and organization of a storm sewer dis- trict to be known as Storm Sewer District No 5, and adopt- ing map, plans and specifications prepared by the city engineer, respecting the construction of storm sewersin said district, also providing for the creation and organization of Storm Sewer Sub-District go 1 within the limits of said Storm Sewer District No 5, and adopting man plans and specifica- tions prepared by the city engineer, respecting the const..uc- tion of storm sewersin said Storm Sewer Sub-District No 1, and the estimated cost thereof, together wita a schedule pre- pared by the city engineer showing the approximate amoun+s to be assessed upon the several lots and parcels of property within said Storm Sewer Sub-District No 1 and ordering notice as to Stor^ Sewer Sub-District No 1, to be published as required by law, all in compliance with Sections 5374, 5375 and 5376 of the Revised Statutes of Colorado of 1908, which said maps plans, specifications and estimates of cost were duly prepared in compliance with a resolution previously duly adopted by the City Council And pursuant to the authority contained in Section 5376 aforesaid, there is hereby organized and created within the limits of Storm Sewer District No 5, a storm sewer sub- district, to be known as Storm Sewer Sub-District No 1, con- sisting of the following lots and blocks within said Storm Sewer District No 5, in the City of Fort Collins, towit Blocks 124 125 126 the East half of Block 114 East half of Block 115 East half of Block 116 East half of Block 122, East half of Block 123, West half of Block 132, West half of Block 133, West halt of Block 134, West half of Block 135 West half of Block 136 and that there be constructed therein the following main or brancn line sewers 485 ft of 1211 pipe from a point 15 ft north of center line of Myrtle Street to center line of Mulberry on center line of Remington Street, 390 ft of 42" pipe from center line of Remington Street to a point 30 feet east of center line of College Avenue, on a line 15 feet north of center line of Myrtle Street, 465 ft of 42" pipe from a point 15 ft north of center line of Myrtle Street to center line of Mulberry Street, on a line 30 feet east of center line of College Avenue, 100 ft of 45" pipe from a point 30 feet east of center line of College Avenue to west property line of College Avenue on center line of Mulberry Street, 100 ft of 27" pipe from a point 30 feet east of the center line of College Avenue to west property line of College Averue on a line 15 feet north of center line of iyr}le Street -a- which saia pipe line shall consist of vitrified clay pipe, concrete and blocks, rithnanholes and catch-basins, as provided in the plans and specifications adopted, and that the total estimated cost of said improvement, as shown by the engineer's report and estimate is twelve thousand five hundred twenty-nine ana fifty-seven hundredths dollars ($12 529 57) , which was duly adopted by Baia resolution as the engineer' s estimate of the cost of construction of said storm sewers and the cost of said district Section 2 That pursuant to the requirements of the resolution mentioned in Section 1 duly adopted on the 26th day of May, A D 1919 due notice was given to the owners of property to be assessed in said Storm Sewer Sub-District No 1, by due and lawful publication in the Fort Collins Courier a daily newspaper of general circulation published in the City of Fort Collins, for a period of twerty (20) days, 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 taxed and assessed for said improvement, and designated the kind of improvement proposed, number of installments and the time in which the cost will be payable the rate of interest on unpaia and deferred installments, the extent of the district to be improved, together with the probable cost per square foot, as shown by the estimates of the city engineer, and to the further effect that on the 28th day of June, A D 1919, at ore o' clock P M , in tr e Council Chamber of the city hall in the City of Fort Collins the City Council woula hear and consider all complaints and ob- jections that might be made and filed in writing concerning the proposed improvement by the owners of any real estate to be assessed -3- And in pursuance I said notice, the said City Council did sit to hear complaints, and no complaints in writing concerning said improvement had then and there been duly filed with the City Clerk Section 3 The City Council finds that all the requirements of the statutes respecting the ordering of said improvement and the resolution and notice required by law to be given in respect thereto before the adoption of ai ordinance ordering said improvement have been complied with in all respects and it is hereby ordered that the improve- ment in Storm Sewer Sub-District No 1, by the construction of storm sewers therein as provided in the map plans and specifications heretofore adapted by the City Council and hereby approved by this ordinance be and is hereby oraered to be constructed Section 4 For the purpose of paying the cost of said improvement warrants of the City of Fort Collins are hereby authorized to be issued signed by the Commissioner of Safety and Ex Officio Mayor and duly attested with the corporate seal by the City Clerk and countersigned by the Ex Officio City Treasurer which said warrants shall bear date at such time as may be fixed by the Commissioner of Finance and Ex Officio City Treasurer, after the wort of the improvement has been commenced, in said Storm Sewer Sub- District iio 1, said warrants are to be endorsed on the face thereof, "Payable out of the assessments collected in Storm Sewer Sub-District Igo 111 , and shall bear the name of said storm sewer sub-district on the face thereof, and which said warrants when issued shall be due and payable in two equal annual installments with interest at six per cent per annum -4- payable semi-annually on presentation to the City Treasurer, and shall be numbered consecutively as issued, and shall be redeemable commencing with No 1, and payable whenever funds are availabe to the credit of Storm Sewer Sub-District No 1 f or that purpose together with accrued interest thereon Section 5 Whenever considered prudent by the City Treasurer, he is hereby authorized and empowerea, whenever funds may be in his hands to the credit of said Storm Sewer Suo-District No 1, exceeding six months' interest on the unpaid principal to advertise for ten days in the official newspaper of the said City, and call in a suitable number of warrants of said Storm Sewer Sub-District No 1, for payment, and at the expiration of thirty (30) days from the date of the first publication of said notice interest an the warrants so called shall cease The notice shall specify the warrants so called by number ana all said warrants so issued shall be called and paid in their numerical order Section 6 Upon the taking effect of this ordinance, the Commissioner of Safety and Ex Officio Mayor is hereby authorized and empowered to advertise for oids for the construc- tion of said improvements, in accordance with the map, plans and specifications heretofore adapted, which advertisement shall be for fact less than ten (10) days in the official news- paper published in the City of Fort Collins m d all bids re- ceived under said advertisement shall be subritted 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 the construction of said improvement the City Council shall re- -5- quire a bond for the faithful performance of same, for the sum 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 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 the immediate control and supervision of the city engineer whose decision in all matters of dispute, respecting compliance with this ordinance and the contract made thereunder 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 to Sub-division C of Chapter 120 of the Revised Statutes of Colorado, of 1908, concerning improvements in cities and towns of less than one hundred thousand in- habitants, and the provisions of this ordinance and of all ordinances of the City of Fort Collins, relating thereto and that the aggregate 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 said improvements, that the improve- ment 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 or all bids that may be made by any person or persons for the construction Of said irmrovement, and when in the judgment of the City Council it shall deem it to the best interests of the City -G- of Fort Collins, said City Council is hereby authorized and empowered to provide for doing such worz. by hiring parties by the day and to arrange for the purchasing of the necessary material to ao such work under the direc- tion supervision and control of the Commissioner of Public Worls, and the city engineer acting for said City Section 7 When said public improvement in Storm Sewer Sub-District No 1 shall have been completed and the same approved by the city engineer recommended for acceptance 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 estate in said Storm Sewer Sub-District No 1, as the area of each piece of real estate in said district is to the area of all the real estate in the district, exclusive of public highways, which said assessments when made and reported by the Commissioner of Worlts and the city engineer and duly approved by the City Council shall be assessed against the property in said Storm Sewer Sub-District ado 1, bi an cr dinance to be adopted as provided by law Section 8 For the purpose of paying engineering and other construction expenses and the cost of inspection upon the approval of the City Council the Commissioner of Safety and Ex Officio Mayor is authorized and empowered to advertise for not less than ten days in the official news- paper of said City and sell as many warrants as may be neces- sary, and use the proceeds thereof for said purpose, in accordance with the provisions of Section 5393 of the Revised Statutes of 1908, of the State of Colorado -7- Section 9 This ordinance shall be irrepealable until the indebtedness herein provided for , whenever same shall be created shall nave beer, fully paid, satisfied and discharged as herein provided Section 10 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 contained in Sections 6 and 7 of Article IV of the City Charter Introduce4, read at length adopted and ordered published,by the unanimous vote of all the members of the City Council, this 329 day of June A D 1919 Commissioner of Safety and Ex Officio Mayor ATTEST - City Clerk -8- STATE OF COLORADO ) SS COUNTY OF LARIMER ) I, A J Rosenow, City Clerk of the City of Fort Collins do hereby certify and aeelare that the foregoing ordinance consisting of ten sections was duly proposed and read at length at ) regular meeting of the City Council held on the a29-"/'dsy of June A D 1919, and was duly adopted and ordered published in the Fort Collins Courier, a daily newspaper, by the unanimous vote of all the members of the City Council as an emergency ordinance in accordance with the pi ovisions of Sections 6 and 7 of Article IV of the City Charter and thereafter and on towit the day of , A D 1919, said ordinance No /-L-was auly pub- lis ed in i-ne Fort Collins Courier a daily newspaper pub- lished in the City of Fort Collins Colorado IN WITAESS WHEREOF, I have hereunto set my hand and azfixed the seal of said City this __Z� day of � A D 1919 City Clerb