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HomeMy WebLinkAbout005 - 05/09/1952 - CREATING AN IMPROVEMENT DISTRICT TO BE KNOWN AS CONSOLIDATED STORM SEWER IMPROVEMENT DISTRICT NO 12 ORDINANCE NO 5 1�52 AN O'RD14ANCE CREATING AN IMPROVEMENT DISTRICT IN THE CITY OF FORT COLLINS COLORADO, TO BE KNOWN AS CONSOLIDATED STORM SEWER IMPROVEMENT DISTRICT NO 12 "bRDERING THE CONSTRUCTION THEREIN OF STORM SEWER IMPROVEMENTS PPOVIDING FOR THE ISSUANCE OF BONDS OF THE DISTRICT IN PAYMENT FOR SAID IMPROVEMENTS AND DECLARING AN EMERGENCY WHEREAS The City Council of Fort Collins Colorado pursuant to the provisions of Ordinance No 7 Series of 1921 and upon the requisite petitions subscribed by the owners of not less than 1% of the property to be assessed for the local improvements hereinafter described has by resolution duly found and declared that there existed a necessity for the creation of Consolidated Storm Sewer Improvement District No 12 and the construction therein of certain storm sewer improvements as described in said petitions and resolution and WHEREAS the City Engineer has made his report in the premises and has filed with the Clerk of said City all the maps and certificates of his survey as well as schedules plans specifications approximations of cost and all other matters and things in complete form and substance as by law and said resolution required and WHEREAS by resolution duly passed and adopted by said City Council Qrf the 4th day of April.# A D 1952 the report so made and filed by said City Engineer was adopted and the said report together with details specifications estimates maps and schedules was approved and adopted by said City Council and WHEREAS by said resolution the said City Council directed the City Clerk to publish in the Fort Collins Coloradoan the official newspaper of said City notice of a proposition to create said District and that on May 9 1952 at 1 30 o'clock P M all complaints and ob— jections that might be made in writing concerning the proposed improve- ments by the owner or owners of any real estate to be assessed or any person or persons interested generally would be heard and determined by the Citj Council of said City of Fort Collins before final action of said Council thereon and that after the determination of all complaints and objections was made said City Council would take up and consider an ordinance creating said district and ordering the improvements in said resolution and novice proposed and WHEREAS the City Clerk by advertisement for a period of more than two (2) weeks prior to the said 9th day of May A D 1952 gave notice in form and substance to the matters and things above mentioned as ordered to be given in all respects in accordance with law and said order and WHEREAS at the time and place specified in said notice the City Council met in open session for the purpose of hearing any objections or protests that might be made against said improvements and that no objections or complaints in writing concerning the proposed improvements have been filed with the City Clerk, and WHEREAS the City Council is now of the opinion that Consolidated Storm Sewer Improvement District No 12 should be created THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS COLORADO THAT: Section 1 Said improvements hereinbefore described and referred to consisting of storm sewer improvements all as in the petition and resolution for said improvements set forth and described were duly ordered after notice duly given and hearing duly held that the petition was duly presented to said City Council and that said petition was subscribed by the required number of owners all as required by said Ordinance No 7 Series 1921 Section 2 Said improvements shall consist of concrete or vitrified tile sewer pipe in the approximate quantities and sizes described in said notice of the proposal to create said District together with inlets manholes appurtenances and incidentals all in accordance with the map details estimates plans and specifications on file in the office of the City Clerk Such improvements shall be constructed and installed in the District bounded as follows Beginning at the Northwest corner of Block 1 Sitzman Addition and running thence South to a point which is 200 feet North of the South line of East Myrtle Street thence West along the center line of the alley in Block 195 to the West line of Block 195, thence South 290 feet to the Northwest corner of Block 196 thence West along the South line of Myrtle Street to the Northeast corner of Block 146 thence Southwesterly across Block 146 to the Southwest corner of Block 146 thence South 100 feet to the Northwest corner of Block lLP? thence West along the South line of Laurel Street to the Northwest corner of Block 127 thence South along the East line of College Avenue to the Southwest corner of Block 6 in Craftts Re- subdivision of the Lake Park Addition thence East along the North line of Garfield Street to the Southeast corner of Block 1 in Craftts Re- subdivision of the Lake Park Addition thence North to the Northeast corner of Block 1 in Craft's Resubdivision of the Lake Park Addition thence North to the South line of the North one-half of Section 13 Town- ship 7 North Range 69 West of the 6th P M thence East along the South line of the North one-half of said Section 13 to a point directly South of the Southeast corner of Block 198 thence North to the Northeast corner of Block 197 thence Nor heasterly to the Southeast corner of Block 2 in Sitzmants Addition to the City of Fort Collins thence North to the Northeast corner of Block 1 of Sitzmants Addition thence Northwesterly along the Southeast line of Riverside Avenue to the point of beginning all in the City of Fort Collins Colorado except streets and alleys contained therein Section 3 Said District shall be known as and the same is hereby designated Consolidated Storm Sewer Improvement District No 12 Section 4 The construction and installation of the storm sewer improvements in and for said District as shown by the plans specifications and maps thereof prepared by the City Engineer and ap- proved by the City Council of said City and now on file in the office of the Clerk of said City be and the same is hereby authorized and ordered Section 5 By virtue of and in pursuance of the aforesaid Ordinance No 7 local improvement bonds of the City shall be issued for the purpose of paying for the local improvements in this Ordinance described and provided to be constructed in said District in an amount not to exceed the cost of said improvements including engineering inspection other incidental expenses and interest as in said Ordinance No 7 provided Section 6 The said bonds shall be dated November 1 1952 shall bear the name of the District improved shall be payable to the bearer ten (10) years from and after the date thereof subject to call and prior payment as by law proviaed shall be subscribed by the Mayor countersigned by the City Treasurer and attested by the City Clerk under the seal of the City shall be payable out of the moneys collected on account of the assessments to be made for saiA improvements and shall bear interest at the rate of five per cent (5 ) per annum payaole semi—annually Said coupons shall be signed with the facsimile signature of the City Clerk Said bonds shall be in the denomination of One .Tt==& Dollars ($1000 00) each and shall be numbered consecutively from one upward The principal of and interest on said bonds shall be Payable at the office of the City Treasurer Said bonds shall be callable and payable in their regular numerical order both before and after maturity Section 7 The said improvement bonds shall be issued on estimates of the City Engineer approved by the City Council and shall be sold to paj the cost of the improvements specified herein The City Treasurer shall make and preserve a record of all bonds issued hereunder in a suitable book kept for that purpose Section 8 Said bonds and the coupons thereto attached shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF LARI14M CITY OF FORT COLLINS CONSOLIDATED STORM SEWER IMPROVEMENT DISTRICT ITO 12 No 0000 00 The City of Fort Collins in the County of Larimer and State of Colorado for value received acknowledges itself inaebted and hereby promises to pay to the bearer hereof the sum of ONE THOUSAYD DOLLARS l in lawful money of the United States of America on the first day of November A D 1962 subject to call and payment however at any time prior thereto with interest thereon from date until payment payable semi—annually on the first days of May and November in each year os evidenced by and upon presentation of the annexed coupons as they several— ly become due principal and interest being payable at the office of the City Treasurer This bond is callable and payable in its regular numerical order in the issue of which it is one both before and after maturity This bond is issued for the purpose of paying the cost of storm sewer improvements in Consolidated Storm Sevier Improvement District No 12 in said City by virtue of and in Hill conformity with the Constitution and laws of the State of Colorado and the Charter and ordinances of said City duly adopted approved published and made laws of said City prior to the issue hereof This bond is payable out of the proceeds of special assessments to be levied upon real estate situated in the City of Fort Collins Colorado in said Consolidated Storm Sewer Improvement District No 12 specially benefited by said improvements which assessment- with accrued interest are by lair made perpetual liens on said real estate in the respective amounts apportioned thereto and to be assessed by an ordinance of said City said liens to have priority over all other liens except general taxes 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 amount authorized by law that every reouirement of law relating to the creation of said District the making of said local improvements and the issue of this bond has been fully complied with by the proper officers of said City and that all conditions required to exist and things required to be done precedent to and in the issue of this bond to render the same lawful ana valid have happened been properly done and performed and did exist in regular and due time form and manner as required by law For `he payment of this bond and the interest thereon the City pledges all of its lawful corporate powers IN TESTIMONY WHEREOF the City of Fort Collins has caused this bond to be subscribed by its Mayor countersigned by the City Treasurer attested by the City Clerk under the seal of the City and the interest coupons hereto attached to be signed with the facsimile signature of the City Clerk this 1st day of November A D 1952 Mayor COUNTERSIGNED City Treasurer ( S E A L ) ATTEST City Clerk Section 9 The City Clerk is hereby authorized and directed to arrange for the printing of such bonds as may be required to meet the actual cost of said improvements as herein provided and when said bonds are prepared to deposit the same with the City Treasurer to be issued in payment of the cost of said improvements as hereafter directed by the City Council Section 10 The Mayor and City Clerk are hereby authorized to advertise for bids to construct and install such improvements for not less than 10 days in the Fort Collins Coloradoan the official newspaper of the City Section 11 By reason of the fact that the completion at the earliest possible date of the improvements described in and contemplated by this ordinance is necessary to the immediate preservation of the public health peace and safety it is declared that an emergency exists and that this ordinance shall take effect upon passage and publication Section 12 All ordinances or pasts thereof in conflict herewith are hereby repealed This ordinance shall be recorded in a book kept for that purposes shall be authenticated by the signatures of the Mayor and City Clerk and shall be published in the Fort Collins Coloradoan Introduced read at length and adopted by the unanimous vote of all members of the City Council this 9th day of May A D 1952 Mayor ATTEST �/ City Clerk (form of Coupon) No $25 00 may On the first day of November A D 19 the City of Fort Collins Colorado will pay to the bearer TWENTY—FIVE AND N01100 DOLLAR$ in lawful money of the United States of America at the office of the City Treasurer in Fort Collins Colorado being six monthsl interest on its local improvement bond issued for the construction of local improvements in Consolidated Storm Sewer Improvement District No 12 in said City provided the bond to which this coupon is attached shall not have been theretofore paid Attached to bond dated November 1 1952 bearing No (Facsimile Signature) City Clerk STATE OF COLORADO ) ss COUNTY OF LARIMER ) I MILES F HOUSE City Clerk of the City of Fort Collins do hereby certify and declare that the aforesaid Ordinance consisting of twelve sections was duly proposed and read at length at a regular meeting of the City Council held on the 9th day of May A D 1952 and was duly adopted and ordered published in the Fort Collins Coloradoan a daily newspaper and official newspaper of the City of Fort Collins by the unanimous vote of all members of the City Council as an Emergency Ordinance in accordance with the provisions of Sections 6 and 7 of Article IY of the City Charter and thereafter and on to—wit the 13th day of May A D 1952 said Ordinance No 5 was duly published in the Fort Collins Coloradoan a daily newspaper in the City of Fort Collins Colorado IN WITNESS WHEREOF I have hereunto set my hand and affixed the seal of said City this 13th day of May A D 1952 / I City C1e�J�