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HomeMy WebLinkAbout043 - 11/28/1925 - RELATING TO THE CREATION AND ORGANIZATION OF WATER MAIN DISTRICT NO. 5 (EMERGENCY ORDINANCE) ORDINANCE. NO. 040 1925, BEING AN FMSRWRITCY ORDIR'ANCT RELATING TO THT CREATION AND ORGANIZA.TIO„ OF WITFR MXN DISTRICT N0. 5, IN TFE CITY OF FORT COLLINS PR04IrING FOR '7t C07STRUCTIO?? OF TAt. I".PRO77=5 TH`:fiTIN AT_TD ANT'ORIZT'.'G TF^ IS�IIA'.'CE OF BONDS TO PAY TF^ CO"T OF CON^ =TION TL r?OF. MRrAS, Under the authority and pursuant to the provisions of Ordinance No. 7, 1921, as amended by Ordinance 7o. 13, 1924, the City Council on the loth dity of October, A. D. 1925, duly passed and adopted a resolution providing for the organization of a water main district and designating the boundaries thereof and the lots and blocks th3r3in, for the purpose of constructing water mains with laterals th3r3from in a district composed of Blocks 1, 2, 3 and 4, Babbitt's Addition to the City of Fort Collins, Colorado, and VWRTAS, On the 21st day of October, A. D. 1925, the City Engineer duly reported to the City Council map, plans, specifications and estimated cost of th3 construction of water mains for the proposed district, and the schedule of assessments upon the lots and blocks in said water main district, and which said report estimated the total cost to be $5611.03, and described the total frontage to be ass3s:;ed in said water main district consisting of 3614.92 feet, and the ra*a of assissmant par front foot of $1.55219, and the cost for a fifty foot lot frontage is $77.61; and r.1MREAS, On the 21st day of October, A. D. 1925, the City Council duly passed and adopted a resolution adopting the said report, map, plans, specifications, details and estimate of the City Engin33r, and aut`.crized the publication of notice to the owners of all real estate in the proposed district, and to all persons interest3d generally, fixing the time of hearing v1Y.en the City Council would consider the ordering by ordinance of the proposed improvements; and ?HEREAS, Pursuant to said resolution, the City Clerk caused notice to be published 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 -1- would be had on the 28th day of November, A D 11-25 by the City Council at a regular m-ating thereof to Is neld in the Cournil Chamber in the City Hall in the City of Fort Collins, at the hour of eight o'clock A 14 of said day, for the purpose of hearing all co-rplairts or objections tha may ba trade in writing concerning the proposed improvements by any oirners of real estate to be assessed in said Water Wain District No 5 or any parsons interested before the final action to be taken on an ordinance creating and organizing said district and authorizing the improvements to be constructed therein and THEREAS, No complaints or objections have been made or filed concernirg the proposed improvements therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT`' OF FOPT COLLINS Section 1 That pursuant to the terms and provisions of Ordinance No 7, 1921, as amended by Ordinance No 13, 1924, being an ordinance relating to local public ir-D rovements, there bar and hereby is creatad and organized Water I+Fain District No 5 consisting of Blocks 1 2, 3 and 4, Babbit 'a Addition to the Citv of Fort Collins, Colorado, and tha the work of construction of said improv,msnts in said Water Main District No 5 consist of water mains and laterals as Der map on file in the office of the City Engineer Section 2 That pursuant to the requirements in the rasolt.tion of the City Courell adopted on the 21st day of October A D 1925 due notices was given to the owners of property to be assessed in said Water Main District No 5 by due and lawful publication in the official newspaper of the City of Fort Collins, to-wit the Fort Collins rxDress-Courier a daily newspaper of general circulation in the City of Fort Collins, for two weeks, once each week, as shorn 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 assessed in the proposed water main district composed of Blocks 1 2 3 and 4 Babbitt's Addition to the City of Fort Collins Colorado and to all persons interested gen-ral�y and designating the kind of improvement proposed the -2 numb r of installments, the time in Ahich the cost would b e payable, the rite of interest on mpaid and deferred installments, the extent of the di trict to be i*rproved and ass-esed, together with the probable cost as shown by the esticrats of the City Engineer, and the total frontage of real estate to be as essed in Mter ,lain District No 5, and the cost per front foot, and to the further effect that on the 28th day of Novemb r A D 1025, at eight o' clock A IvI in the Council Chamber of the City Hall in the City of Fort Collins, the City Council wow.ld consider the ordering by ordinance of tYe proposed improvements and hear and determine all complain s and objections that may be Trade and filed in writing concerning said proposed improvements by the owner of any real estate to be assessed in said proposed district, or any peraons interested and that the map, plans and specifications and estumte and all proceedings of the City Council in the premises are on file and can be seen and sxar+ined at the City Clerk's office during business hours at any time within said period (being not less than thirty days) by any person interested That pursuant to said notice, on the 28th day of November A D 1925, at th- hour of eight o' clock A M the City Council proceeded to hear any objections that might have been filed respecting s id prop^sed water main district, and no complaints or objections having been made or filed, tYe City Council proceeded to determine that it was for the best interests of the taxpayers of slid Wa er Rain District No 5 as wall as the City of Fort Collins, that the period of payment shouBi be ten years in ten annual payments Section 3 The City Council further finds that all requirements of the ordinance respecting the resolutions, and notices required by the same to ba given in respect tba reto before the adoption of an ordinance ordering said improvements, have been observed and complied with in all r-spects, and it is hereby ordered that th- improvements in said water main district as provided for in the rap., plans and specific tions h-retofore 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 comet of said improvements bonds of the City of Fort Collins ar- hereby authorized to be issued by the Commissioner of Finance and Ex-Offieio City Treasurer which said bonds shall bear date at such time as may be fixed by the Commissiorer of Finance after the work of improvement has been commenced in said district but said date shall be uniform for all bonds issued, and in such form as -nay be approved by the City Council, after submission by the Commissioner of Finance said bonds shall bear the name of Neater Min District No 5, of the City of Fort Collins and shall be payable in ten (10) annual installments, ten per cent (lOn) thereof psZm ble in each and every year during said period, and shall bear interest at he rate of six per cent (60) per annum, payable semi-annually, said interest to be evidenced by coupons attached to the grin ipal bond and a*tea ed by the fac simile signature of the City Clerk which said bonds shall be in denominaticis of Five Hundied ($500 oo) Dollars each Each of said bonds shall be subscribed bj the Commissii-nsr of Safety and Ex-Offieio Mayor and attested by the City Clerk with tie corporate seal of the City and count-r- signed by the Commis lone r of F nance and Ex-Officio City Treasurer, and registered %pith the City Treasurer and snall be deliv-red from time to tima as required for the payment of tre work herein puvided Said bords stall be redeemable out of the moneys collected on account of as essmants ^ade for said improvemerts all moneys collet ed from said assessments or from the sale of bonds shall be creditad to {'Dater main District No 5 and he funds so collected shall only be used for the payment of the work of cons ruction of said improvements and the interest thereon Said bonds shall be numbered from 1 to / � inclusive, and shall be redeemable com*ercing one year after date thereof, consecutively, and according to mmber and in order of issuance Said bonds shall only be issued and deliv red by the City Treasur-r on estimates and order of the City Fngineer signed and approved by the Commissioner of S.-fety and Ex-Officio Mayor when said estimates have be-n 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 -4- call and payment at L time prior th reto as provides in Ordinance No 7, 1921, relating to local public improvements Pursuant to the authority and po+var contained in Section 29 of Ordinance No 7, 1921, as amended by Ordinance do 13, 1024, relating to local public improvements, the paym-nt of all tb- bonds issued in pursuance of this ordinance is hereby guaranteed by the City of Fort Collins Said bonds shall be received at par in payment of said improvements Section 5 Said bonds and the coupons attanh-d thereto arall be in substantially the following form U1%TITPD STATES OF APEPICA STAT,r OF COLORADO CITY OF FORT COLLINS FATER 1UIN DISTRICT NO 5 No The City of Fort Collins, in the County of Larimer and State of Colorado, for value received, aekrowledges itself indebted and hereby promises to pay to the bearer hereof the sum of $ Dollars in lawful money of the United States at the office of tn- City Treasurer of th- said City on the day of , 19 subject to call and payment, hom ver at any tine prior thereto, as provided in the amendment to Section 1 of Article XVII of the City Chart-r passed and adopted April 6, 1920 and Ordinance No 71 1921, relating to local public improvements This bond is payable out of the proeac.de and special ass-ssmsnts to be levied upon the real property situate in the City of Fort Collins in said Water Main District No 5 especially bensfitted by said improvement, and the amount of the assessment so to be Trade upon the real estate in said district for the payment th reof, 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, said lien having priority over all other liens except otn r bonds heretofore issued by said city and the lien of general taxes, but payment of said bonds is guaranteed by the City of Fort Collins as provided br ordinance, and it is h-reby certifi-d and recited that the total issue of bonds of said city for said district, including to s bond, does not exceed the estimate of the City -.nginear and the contract price of said improv-ment nor the amount authorized by law and it is furth-r h raby c=rtified and recited that every requirement of lai relating to the creation of said Seater Main District No 5, the making of said local improvement and the issuance of this bond has been fully complied with by the propar officers of said city and that all conditions required to exist and all thi^gs required to be dons prec-dent to and in the issuance of this bond to render the same lawful and valid, have happened, and been properly done and Aerfon-ad, and did exist in r-gular and due time, form and mann3r as recurred by law In Testimony Wh reof, the said City of Fort Collins has caused this bond to be subscribed by it, Commission-r of Safety and Ex-Officio Mayor counter- signed by its Commissioner of Finance and Ex-Officio City Treasurer and attestad by its City Clark under the seal of said city and the inter-st coupons th-reto atta caed to be a ested by the fac simile signature of the City Cl-rk as of the day of 19 Commbssioner of Safety and Ex-Officio Mayor Countsrsign3d Comr_ission r of Finance and Ex-Officio City Treasurer ATTEST City Clerk (Form of Coupon) No $ On the day of , 19_, the City of Fort Collins, will pay to the barer Dollars in lavfAl money of the United States, at the office of the City Treasurer of Fort Collins, Colorado, b-ing six -non*hs' interest on its local improvement bond dated lg ' issued for the construction of the local improvement known as Mter Main DistrTUr— No 5, provided this bond shall not nave been her-tofore paid Attached to Bond No City CIvrk Section 6 The Commissioner of Finance and Lx-Of icio City Treasurer is hereby authorized and directed to have printed a sufficient number of bonds of the denoTm-ation of Five Hundred ($500 oo) Dollars each ni.mbared fron I to -Z-� inclusive as is required to meet the estimated cost of said improvement as herain provided and when said bonds shall have been duly prepared th-y shall be retained by the City Treasurer to be issued and delivered from time to time as hsrpinb�fore provided Section 7 Men-ver the City Treasurer has funds in his hands to the cr-dit of Water Main District No 5 including six months' interest on the consecutive unpaid Drincipal, he shall by advertisement once a week for three/%wseks} in the official newspaper of said City call in a suitable numb r of said bonds of said district for payment, and at the expiration of thirty (30) days from th- first Dublication of such notice, interest on th- bonds so called shall case The notice shall specify the bonds so called by number, and all said bonds so issu-d shall be called and paid in their numerical order Section 8 Upon the taking effect of this ordinance th- Commissioner of Safety and Ex-Officio Mayor is hereby authorized and empox-red to adv rtise for bids for the construction of said improvements in accordance with the map plans and specifications h-retofore adopted mnich advertisement shall be for not less than ten (10) days in the official newspaper published in the City of Fort Collins and all bids r-ceived under said advertisement shall b- submitted to the City Council for approval or rejection and no contract shall be awarded in excess of the City Engineerts estimate of the cost of said improvement After the contract is awarded for construction, the City council shall reauire a bond for the faithful performance of same equal to the amount of th- full contract price -6- with sufficient sur ty or sure ips to be approved by the Commissioner of Safety and "x-Officio Mayor and the work of construction vuhan so awarded undar said contract shall be under the general control of the Commissioner of Public "orks and in the immediate charge, control and supervision of the City Engineer, whose decision in all matters of dispute respecting compliance Kith this ordinance and the contract made tl^-rsunder, and the plans and specifications, shall be final and binding uvon all parties thereto When said contract is awarded it shall contain a provision to the effect that it is subject to thepuovisions of the City Charter, and of th- laws under Which the City of Fort Collins Pxists, and of Ordinance No 7 1921, and this ordinance and that the agreed payments shall not exceed the estimate of tha City Engineer and the amount appropriated and that upon ten days' notic the work under said contrac` without cost of claims against the City of Fort Collins may be suspended for subs antral cause, and upon complaint of any ovvner of real estate to be assessed for the improvement that the improvement is nct beirg constructed in accordance with the contract, then the City Council may consider the complairt and make such order as may be just and its decision shall be final The City Council shall have the right to reject any and all bids which may be •nade by any person or persons, firms or corporations for the corstraetion of said improvements and %hen in the ,judgment of the City Council it shall be deemed to the best interests of said City of Fort Collins tYs said City Council is h3reby authorized and empowered to provide for doing such i4rk by hiring parties by the day and to arrange for purcIn sing the necessary materials to do such work under the direction, supervision and control of the Comnissiorar of l,7orks and the City Engin-er, acting for said city Section9 When said public improvement in Neater Main District No 5 hall have been completed and the same approved by he City Engineer recommended f6r acceptance by said officer and duly accepted by the City Council of the City of Fort Collins, the cost thereof shall he assessed gpon all the real estate in said district as the frontage of each piece of real estate in said district is to Vie frontage of all the real estate in the said district exclisive of public ig'nways which said assr-ssmsnts when made and reported by the City Engineer and approved by the City Council shall be assessed against th3 property in liter 4ain District No 5 -7- by an ordinance to be adopted as provided by Orrlinanc- No 7, 1921 Section 10 For the purpose of paying for engin=ring and other clerical axnanses and th- cost of inspection, upon the approval of the City Council the Commissioner of Safety and Ex-Officio Mayor is authorized to adv rtise for not less than t-n (10) days in th(- official newspaper of said City and sell as nany of said bonds as may be necessary and use the proceeds thereof for said purpose and in accordance with the provisions of Ordinance Zo, 7, 1921 Section 11 This ordinance shall be irrepealable until the irdebtedness herein provided for, whenever the same srall be crea ad shall have been fully paid satisfied and discharged as herein provided S-ction 12 In the opinion of the City Council an -mergency 94ists for th- preservation of the public health, peace and szfoty and this ordinance shall take effect upon fts passage sad publication and-r and by virtue of the authority contained in S?ctions 6 and 7 of Article IV of the City Chart-r Introduc-d read at length and adopted by th- unanim-us vote of all tTie m=mb rs of th- City Council t h day of November A D 1Q25 Commission-r of Safes nd Ex-Off i Mayor ATTEST e po�' City Clerk STATE OF COLORADO ) ) SS COUNTY OF LARIPF'TT ) I A J ROS7'TTOW City Clerk of the City of For Col ins do h raby certify and d-clara that the foregoing ordinance cops sting of twelve (ld) sections vas daly proposed and read at length at a regular m- ting of the City Coi.ncil h-ld on the 2Bth day of November, A D 1925 and was duly adopted and ordered pL-blisl-ed in the Fort Collins Exor-ss-Couri-r a daily nevspaper and the official newspaper of the City of Fort Collins, by the unanimous vot- of all m-mbers of the Council, as an am,rg-ncyordinance in accordance with the provisions of Sections 6 and 7 f Article IV of the City Charter and t roafter, on to-gat he /fit day of p` " A D 1925 said Ordinance No was di.ly published in the Fort Collins Express-Courier a daily newspaper published in tre City of Fort Collins Colorado IN WITNFSc;WIPREOF I gve hgP unto set my hand and affixed the seal of said City this �� day of r A D 19 City Clerk