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HomeMy WebLinkAbout013 - 06/23/1955 - RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT NO. 50 i ORDINANCE NO 13 , 1955 RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT NO 50, P80vIDING FOR THE CONSTRUCTION OF IMP$QVEMENTS THEREIN,, ib AUPHORIZING THE hWOCE OF BONDS TO MY THE COST OF CONSTRUCTION THEREOF. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 That pursuant tC a petition duly filed and presented to the Council on February 11, 1955, which said petition was referred to the City Engineer for investigation and report and was by said City Engineer reported back to the City Council as being signeduby the owners-of more than one percent of the area in the proposed district THEREFORE, there is hereby created and organized an improvement district under and-by virtue of the provisions of Ordinance No 7, 1921, as amended by subsequent ordinances, to be known as Sanitary Sewer District No 50, comprising blocks 306, 316, 325 and 326, and that part of Blocks 3o5 and 315 lying North and East of the Arthur Ditch, all in the Capitol Hill Addition to the City of Fort Collins, Colorado. Section 2 That the said petition prayed for the-improvement of the said district by construction of a sanitary sever line in Blocks 306, 316, 325 and 326, and that part of Blocks 305 and 315 lying North and East of the Arthur Ditch, all in the Capitol Hill Addition to the City of Fort Collins, Colorado, which said petition was made and filed under the provisions of said Ordinance No. 7, 1921, as amended, and that the plans and specifications together with the estimated cost of said sanitary sewer and the schedule of assessments upon the lots in said blocks in said sanitary sewer district, together with the map prepared by the City Engineer, be and the same are hereby adopted as the map, plans and speeifications for said sanitary sewer district, and said work of construction of said sanitary sever district is hereby ordered to be done in accordance therewith, as provided by law, which said report further described the total area to be assessed in said sanitary sewer district, consisting of 669055 square feet, and the rate of assessment per square foot for trunk line assessment of 60 0065255, and branch line assessment of $0 012 and the cost of a lot 50 by 170 feet for branch line assessment is estimated at $102.00, and for such lot for trunk line assessment is estimated at $55 47 with a total assessment for such lot is estimated at $157 47 All costs of said construction and improvement are to be assessed against the owners of lots and lands in said district 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 streets and alleys, in accordance with the provision of Ordinance No. 7, 1921, as amended Section 3 That pursuant to the requirements of a Resolution of the City Council, duly adopted on the 1st day of April, A. D. 19559 due notice was given-to the owners of the property to be assessed, by due and lawful publlca- tion in The Fort Collins Coloradoan, a daily newspaper of general circulation in the City of Fort Collins, for a period as required by law, as shown by the proof of publication on file in the office of the City Clerk, which said notice was to the owners of the property to be assessed and designated the kind of improvements proposed, the number of installments and the time in which the cost would be payable, the rate of interest on the unpaid and deferred install— ments, the extent of the district improved, together with the probable cost per square foot, as shown by the estimate of the City Engineer, and to the further effect that on the 13th day of May, A. D. 1955, at 1 30 otclock P.M., in the City Council Chamber in the City Hall of the City of Fort Collins, the City Council would-hear and determine all complainis and objections that might be made and filed in writing concerning the proposed improvements by the owners of any real estate to be assessed, that by Ordinance No. 6 , 1955, passed -2M and adopted on final reading on the 29th day of April 1955, the time for said hearing was continued to the 26th day of May, A.-D 1955, that in pursuance of the said notice, the said City Council did sit to hear the complaints at said meeting held on the 26th-day of May, A. D. 1955, at 1 30 P.M , and that no complaints in writing concerning the proposed improvements had then and there been filed with the City Clerk. Section 4 The City Council finds that all the requirements of the Statute respecting the petition fort said improvements and the resolutions and notices required by law to be given in respect thereto before the adoption of an Ordinance ordering said improvements, have been observed and complied with in all respects, and it is hereby ordered that the improvements of Sanitary Sewer District No 50 as provided for in the map, plans and specifications here. tofore adopted by the City Council, and approved in this Ordinance, be and they are hereby ordered to be constructed Section 5 For the purpose of paying the cost of said improvements, bonds of the City of Fort Collins in the aggregate principal amount of $12,400 23 are hereby authorized to be issued by the Director of Finance of the City of Fort Collins, which said bonds shall bear date of November 1, 1955, and in such form as may be approved by the City Council after submission by the Director of Finance, said bonds shall bear the name of Sanitary Sewer District No 50 of the City of Fort Collins, and shall bear interest at the rate of six per cent (6%) per annum, payable semi—annually, said interest to be evidenced by coupons attached to the principal bond and attested by the facsimile signature of the City Clerk, which said bonds shall be in denominations of Five Hundred ($500 00) Dollars each Each of said bonds shall be subscribed by the Mayor, countersigned by the Director of Finance, and attested by the City Clerk with the corporate seal of the City, and registered with the Director of Finance, and shall be -3- delivered from time to time as required for the payment of the work herein provided, or the City Council, in its discretion, may sell said bonds to pay such costs in cash, as provided in Ordinance No. 73, 1921, as amended, and anything in this Ordinance or any Ordinance of the City of Fort Collins to the contrary notwithstanding, any or all of the bonds herein provided for may be sold by the City Council at public or private sale, with or without prior ad- vertisement and upon such terms and conditions as to it seem advisable. Said bonds shall be redeemable out of the moneys collected on account of the assess— ments made for said improvements, all moneys collected from said assessments or from the sale of bonds for said improvements, shall be credited to Sanitary Sewer District No. 50, and the funds so collected shall only be used for the payment of the work of construction of said improvements and the interest thereon and collection cost Said bonds shall be numbered from one to twenty-five, inclusive, and shall be redeemable consecutively, according to number and in the order of issuance Said bonds shall be issued upon estimates of the City Engineer, approved by the City Council, and the Director of Finance shall pre— serve a record of the same in a-suitable book kept for that purpose. 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, as amended All assessments made in pursuance of this Ordinance, together with all interest thereon and penalties for default in the payment thereof and all costs in collecting the same, shall, from the date of the final publication of the assessing ordinance hereafter to be adopted, constitute a perpetual lien on a parity with the tax lien for general State, County, City, Town or School taxes, and no sale of such property to enforce any general State, County, Town or School tag, or other lien, shall extinguish the perpetual lien of such assessments herein provided to be made. z-4- Section 6 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 SANITARY §ICIER DISTRICT NO 50 No. The City of Fort Collins, in the County of Larimer, and State of Colorado, for value rece3.ved, acknowledges itself indebted and hereby promises to pay the bearer hereof, the sum of Five Hundred ($500.00) Dollars in lawful money of the United States, at the office of the Director of Finance of said City, on the lst day of May and the 1st day of November, subject to call and payment, however, at any time prior thereto, as provided in the City Charter and Ordinance No. 7, 1921, relating to local public improvementsx as amended, with interest thereon from date u„t,i payment at the rate of six per cent (6%) per annum, payable semi-annually, on the 1st day of May and the lst day of November at the office of the Director of Finance of the City of Fort Collins, upon presentation and surrender of the annexed coupons as theit severally become due This bond is issued for the purpose of paying the cost of the local improvements in Sanitary Sewer District No. 50, by virtue and in full conformity with the City Charter and Ordinance No. 7, 1921, relating to local public im- provements, as amended. This bond is payable out of the proceeds of special assessments to be levied upon the real property, situate in the City of Fort Collins in said Sanitary Sewer District No. 50, especially benefitted by said improvements, 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, and the lien created by said assessing ordinance, together with all interest thereon and penalties for default in the payment thereof, and all costs in collecting the same, shall ,from the date of the final publication of the assessing ordinance hereafter to be adopted, constitute a perpetual lien on a parity with the tax lien for general State, County, City, Town or School taxes, and no sale of such property to enforce aqy general State, County, Town or School tag, or other lien, shall extinguish the perpetual lien ofsuch assessments herein provided to be made And it is hereby certified and recited that the total issue of bonds of said City for said District, including this bond, does not exceed the estimab of the City Engineer, and the contract price for said improvements, 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 Sever District No 50, the making of said local improvements and the issuance of this bond, has been fully complied with by the proper officers of said City, and that all conditions required to exist and all things required to be done precedent to and in the issuance of this bond to render the same lawful and valid, have happened and been properly done and performed, and did exist in regular and due time, form and manner as required by law -5- IN TESTIMONY WHEREOF, the said City of Fort Collins has caused this bond to be subscribed by its Mayor, countersigned by its Director of Finance, and attested by its City Clerk, ymder the seal of said City, and the interest coupons thereto attached., to be attested by the facsimile signature of the City Berk as of the�lst day of November 1955 ayor COUNTERSIMM Director of Finance ATTEST City Clerk (Form of Coupon) No $15,00 On the day of , 19_, the City of Fort Collins will pay o e earer een O�Dollars in lawfal money of the United States, at the office of the Director of Finance of Fort Collins, Colorado, being six (6) months: interest on its local improvement bond, dated November 1, 1955, issued for the construction of the local improvements known as Sanitary Sever District No. 50, provided this bond shall not have been heretofore paid Attached to Bond No City Clark Section 7 The Director of Finance is hereby authorized and directed to have printed a sufficient number of bonds of the denomination of Five Hundred ($500 00) Dollars each, numbered from 1 to 25, inclusive, as is required to meet ..6.. a the estimated cost of said improvements as herein provided, and when said bonds shall have been duly prepared, they shall be retained by the Director of Finance to be issued and delivered from time to time as hereinbefore provided Section 8 Whenever considered prudent by the Director of Finance, he is hereby authorized and empowered, whenever funds may be in his hands, to the credit of Sanitary Sewer District No. 50, including six monthst interest on the unpaid principal, to advertise for five (5) days in the official 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 bonds so issued shall be called and paid in their numerical order Section 9 Upon the taking effect of this Ordinance, the Mayor is hereby authorized and empowered to advertise for bids for the construction of said improvements in accordance with the map, plans and specifications hereto- fore adopted, which advertisement shall not be less than ten (10) days in the official newspaper published 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 improvements. After the contract is awarded for the construction, the City Council shall require a bond for the faithful performance of the same of not less than the full contract price, with sufficient surety or sureties to be approved by the Mayor, and the work of construction when so awarded under said contract shall be under the general control of the City Manager alone and in the immediate charge, control and supervision of the City Engineer, whose decision in all matters of dispute respecting compliance with this Ordinance and the contract made thereunder, and the plans and speci- fications,"shall be final and binding upon all parties thereto. When said -7- i contract is awarded it shall contain a clause to the effect that it is subject to the provisions of the charter and of the lairs under which the City of Fort Collins exists and of this Ordinance, and the provisions of Ordinance No. 7, 1921, relating to local public improvements, as amended, and that the agreed payment shall not exceed the estimate of the City Engineer and the amount appronriatea, and that upon ten (10) dayst notice the work unaer 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 improvements that the improvements are 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 aecision shall be final. When said contract is awardea, _t shall also cortazn a provision as Fo the rannrner of payment - whether the sane shall be rlaae in bonas of the sdlo D1strlct to be accepted by the contractor at par, or whether payment shall be made to the contractor in money, all at the option of the City Council. The City Council shall have the right to reject any and all bids which may be maae by any person or persons for the construction of said improvements, and when, in the udgment of the City Council, it shall be deemea to the best interests of the said City of Fort Collins., the sale City Council is hereby authorized ana empowerea to provide for doing such work by harin parties by the day and to arrange for purchasing the necessary mCterials, to do such work under the direct super- vision any control of the City Manager and the City Engineer acting for said City. Section 10 ldhen the local improvements an Sanitary Sewer District No 50 shall have been completed and the same approved by the City Engineer and recommended for acceptance by said officer, and duly accepted by the City Council of the City of Fort Collins, the cost the eof shall be assessea upon -8- all the real estate in said district 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 streets and alleys, in accordance with the provision of Ordinance No. 7, 1921, as amended, which said assessment when made and reported by the City Engineer and approved by the City Council, shall be assessed against the property in said Sanitary Sewer Distri6t No. 50 by an Ordinance to be adopted as provided by ordinance No. 7, 1921, as amended Section 11. This Ordinance shall be irrepealable until the indebtedness herein provided for, whenever the same shall be created, shall have been duly paid, satisfied and discharged as herein provided Introduced, considered favorably on first reading and ordered published this 26th day of May, A D 1955, and to be presented for final passage on the 23rd day of June, A D 1955 Mayor ATTEST City er Passed and adopted on final reading this 3pgh day of Jame, A D. 1955. Z-lr�4� mayor ATTEST city Ueric -9-