HomeMy WebLinkAbout016 - 06/11/1917 - RELATING TO THE CREATION AND ORGANIZATION OF STORM SEWER DISTRICT NO. 3 ORDINANCE NO 1917,
RELATING TO TPE CREATION AND ORGANIZATION OF STORI SEWER DISTRICT
NO 3, ESTABLISHING THE BOUNDARIES OF SAID DISTRICT, PROVIDING
FOR THE COIF°STRUCTION OF THE STORM SEWER THEREIN, AND AUTHORIZING
THE ISSUANCE OF IIuTEREST-DEARILG WARRANTS TO PAY THE COST OF
COIISTRUCTIOF THEREOF
BE IT ORDAINED BY ThE CITI COUNCIL OF THE CITY OF FORT COLLINS
Sectior 1 That pursuc+nt to a resolution duly adopted by the
City Council at a regular meetirg held on the 9th day of April 1917,
it was ordered by the City Council that a Storm Sewer District be
created under and in virtue of the authority contained in Suodivision
C of Chapter 120 of the Revised Statutes of 1908 of the State of
Colorado concerning public improvements in cities and towns of
less than one hundred thousand inhabitants and pursuant to said
resolution the City Engineer was authorized and instructed to pre-
pare map plans and specifications of the proposed district to-
gether with the estimated cost of the work therein together with
a schedule arowing tre approximate amount to be assessed upon the
several lots or parcels of property within said proposed district,
and thereafter pursuant to said resolution the City Engineer did,
on the 16th day of April, 1917 duly file with the City Council his
map, plans and specifications and estimated cost of the improvement
in said proposed Storm Sewer District No 3, that on said last
mentioned date the City Council by resolution did duly adopt the
map plans and specifications and schedule of assessments prepared
by said Citv Engineer and that said Storm Sewer District No 3 be
created and organized under the provisions of Section 5374 of the
Revised Statutes of 1908 of the State of Colorado, as follows, to-Wit
Lots one (1) to forty-nine (49) inclusive, is block thirty-one (31) ,
Lots one (1) to forty-nine (49) inclusive in Block tweet#-one (21) ,
Lots nine (9) to twenty-eight (28) inclusive, in Block one hundred
and eleven (111) , and all of Block one hundred and one (101) to be
known as Storm Sewer District No 3, and that the work of construc-
tion within said district consist of an 18-inch line of vitrified
clay pipe extending from the main storm sewer on College and Mountain
Avenues west along Pest Mountain Avenue to manhole No 1 on the east
property line of Mason Street which is the end of the proposed line,
to be constructed along the north side cf West ?fountain Avenue and
forty-five (45) feet south of the north property line of said avenue,
and to be placed seven and five-tenths (7 5) feet below the surface
of the street with one manhole and four (4) 10-inch vitrified clay
pipe lines extending from the manhole to the catch basins to be
constructed as provided in the plans and specifications adopted,
that the total estimated cost of said improvement is Nine Hundred
Eighty-eight and 51/100 Dollars ($988 51), and the same wds duly
adopted in said resolution as the Engineer's estimate of the cost
of construction of said storm sewer and the expense of said district
Section 2 That pursuant to the requirements of said last
mentioned resolution adopted on the 16th day of April 1917 due
notice was given to the owners of property to be assessed by due
and lawful publication in the Larimer County Democrat a weekly
newspaper of general circulation published in the City of Fort Collins
for a period of twenty (20) days as shown by the proof of publica-
tion on file in the office of the City Clerk, which said notice was
to the owners of property to bd taxed and designated the kind of
improvement proposed, the number of installments and the time in
which the cost will be payable, the rate of interest on unpaid and
deferred installments the extent of the district improved together
with the probable cost per square foot as shown by the estimates of
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the City Engineer, and to the further effect that on the 21st
day of May A D 19174 at four o' clock P M in the Council
Chamber of the City Hall in the Citv of Fort Collins, the City
Council would hear and consider all complaints and objections
that might be made and filed in writing concerning the proposed
improvement by the owners of any real estate to be assessed,
that said hearing on complaints was adjourned to Wednesday the
23d day of May, 1917, at four o' clock P M and in pursuance of
said notice and the adjournment thereof 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 statute respecting the ordering of said improvement and the
resolutions and notice required by law to be given in respect there-
to, before the adoption of an ordinance ordering Baia improvement,
have been complied with in all respects, and it is hereby ordered
that the improvement in Storm Sewer District No 3 by the construc-
tion of a storm sewer therein as provided in the map, plans and
specifications heretofore adopted by the City Council and approved
by this ordinance, be and is hereby ordered to be constructed
Section 4 For the puruose 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 auly attested with the corporate seal by the
City Clerk and countersigned by the Ex Officio City Treasurer,
whicn said warrants shall bear date at such time as may be fixed
by the Commissioner of Finance and Ex Officio Treasurer after the
work of improvement has been commenced in said storm sewer district
and to be endorsed on the face thereof "Payable out of the assessments
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collected in Storm Sewer District ho 3, " and shall bear the
name of said Storm Sewer District No 3 on the fac6 thereof, which
said warrants shall be payable in two annual installments with
interest at six per cent per annum payable semi-annually on
presentation to the city treasurer, and shall be numbered consecu-
tively as issued and shall be redeemable, commencing with No 1,
and payable whenever funds are available to the credit of Storm
Sewer District No 3 for that purpose, together with accrued interest
thereon
Section 5 Whenever considered prudent by the City Treasurer
he is hereby authorized and empowered, whenever funds may be in his
hands to the credit of said Storm Sewer District No 3 exceeding
six months' interest on the unpaid pZincipal, to advertise for ten
days in the official newspaper of said city and call in a suitable
number of warrants of said district for payment and at the expira-
tion of VUrty (30) days from t`ie first publication, interest on
the warrants so called shall cease The notice shall specify
the warrants so called by number, and 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 bids for the construction of said
improvement in accordance with the map, plans and specifications
heretofore adopted which advertisement shall not be for less than
ten days in the official newspaper publis'ied in the City of Fort
Collins, and all bids received under said advertisement shell 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 shall require a bond for the
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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 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 matttrs 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 thatit is subject to the pro-
visions of the charter and Vie acts under which the City of Fort
Collins exists, and that the aggregate payments shdl not exceed the
estimate of the City Engineer and the amount appropriated, and that
upon ten (10) days' notice the work under said contract, without
cost or claims against the City of Fort Collins, may be suspended
for substantial cause and upon conplaint of any owner of real estate
to be assessed for said improvement 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 er all bids that may be made by any
persor or persons for the construction of said improvement and
when in the judgment of the City Council it shall deem it to the
best interests of the City of Fort Collins, saia City Council is
hereby authorized and empowered to provide for doing such work by
hiring parties b« the day, ana to arrange for the purchasing of
the necessary material to do such work under the direction, super-
vision and control of the Commissioner of Public Works and the
City Engineer acting for said city
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Section 7 When said public improvement in Storm Seier
District No 3 shall have been completed and the same approved by
the City Engineer, recommended for acceptance by saia officer
and du.Ly 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 eacr 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 City Engineer and approved by the City Council,
shall be assessed against the property in Storm Sever District No 3
by an ordinance to be adopted as provided by law
Section 8 For the purpose of paying engineering and other
clerical expenses and the cost of inspection upon the approval of
the City Council the Commissioner of Safety and Ex Officio Mayor
is authorizdd and empowered to advertise for not lessVten (10) days
in the official newspaper of said city and sell as many warrants
as may be necessary and use the proceeds thereof for said purpose
and in accordance with the provisions of Section 5393 of the Revised
StEtutes of 1908 of the State of Colorado
Section 9 This ordinance sha11 be irreperlable until the
indebtedness herein provided for, vhenever the same shall be created,
shall have been fully paia, satisfied and discharged as herein pro-
vided
Introduced read and ordered published at an adjourned regular
meeting of the City Council held on the 23d day of May., A D 1917
Passed and adopted this /::2
June, A D 1917
Commissioner of Safety and
AM
Ex Officio Mayor
City lerk
STPTE OF COLORADO )
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COUNTY OF LAPILER )
I, Ray Baxter City Clerk of the City of Fort
Collins do hereby certify and declare that the foregoing
ordinance, consisting of nine (9) sections dulv proposed and
adjourned regular
read at length at meeting of the City Council held on the
23d dpLy of May 1917 was duly orddred by Aye and Nay vote to
be published in the Eftt Collins Courier a daily neTspeper of
the City of Fort Collins, in accordance with the provisions of
Section 7 of Article IV of the City Charter, that thereafter and
on to-? it, the 11D(� day of June, A D 1917 at a regular
meeting of the City Council said ordinance came before said
Council on its final passage, a period of more than ter days
having elapsed since the publication, as setforth and that
saia ordinance was upon secona reading adopted as an ordinance,
that thereafter and on to-wit the Z�Nd day of June, 1917,
said Ordinance No 4L1917 as finally passed and adopted was
duly published in the Fort Collins Courier a daily nerspaper
published in the City of Fort Collins, Colorado
IN IvITNESS WHEREOF I have hereunto set my hand this
day of June, A D 1917
City Clerk