HomeMy WebLinkAbout027 - 09/01/1923 - RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT NO. 40 (EMERGENCY ORDINANCE) s
ORDINANCE NO 2 , 1923,
BEING AN M ERGENCY ORDINANCE RELATING TO THE CREATION AND ORGANIZATION
OF SANITARY SEWER DISTRICT JO 40, PROVIDING FOR THE CONSTRUCTION OF
THE IIPROVEENTS THEREIN AND AUTHORIZING TEE ISSUANCE OF BONDS TO PAY
THE COST OF CONSTRUCTION THEREOF
WHEREAS, Under the authority and pursuant to the provisions of
Ordinance No 7, 1921, the City Council, on the pisi_ day of
July , A D 1923, duly passed and adopted a resolution
providing for the organization of a sanitary sewer district and
designating the boundaries thereof and the lots and blocks therein,
for the purpose of constructing a sanitary sewer line in a district
composed of Lots 13 to 25 in Block 274 all of Block 275 except lots
29 and 30 and that part occupied by the Colorado and Sputhern right of
way Lots 1 to 12 inclusive, and 15 to 26 inclusive of Block 285 Lots
2 to 15 inclusive of Block 284 Lots 1 to 12, the same being now Lots
6 to 16 as appears on Griffin's Subdivision of Block 295 as accepted
by the City Council August 112 1923 Also a parcel of land described
as follows Commencing at a point 210 feet north of the southwest corner
of Block 65, thence East 190: feet, thence North 50 feet, thence West
190 feet, thence south 50 feet to beginning, except that part occupied
by the Colorado and Southern right of way also a parcel of land
described as follows Commencing at a point 260 feet north of the
southwest corner of Block 65, thence north to Colorado and Southern
right of way, thence sogtheasterly along right of way to a point 260
feet north of the south line of block, thence west to point of
beginning, in the City of Fort Collins, for the organization of a
0
sanitary sewer district consisting of the property above described, and
WHEREAS, on the 21st day of Jules ,
A D 1923, the City Engineer duly reported to the City Council the
estimated cost of the said sanitary see+ r and the schedule of
assessments upon the lots and blocks in said sanitary sewer district, and
which said report and estimate further described the total area to be
assessed in said sanitary sewer district consisting of 480,612 8 square
feet, and the rate of assessment per square foot of $ 0152085, and the
cost for a lot 501 x 1901 is $144 48, and for a lot 401 x 1401 is $106 46,
and
MZREAS, Pursuant to said resolution, the City Clerk caused
no`ico thereof 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 would be had on the 25th day of August 1923 by
the City Council at a regular meeting thereof t6 be held in the Council
Chamber in the City Hall in the City of Fort Collins, at the hour of eight
o1clock A M , of said day, for the purpose of bearing all complaints or
objections that may be made in writing concerning said proposed improvement
by any owner or owners of real estate to be assessed in said Sanitary Sewer
District No 40 before the final action to be taken on an ordinance
creating and organizing said dis*rict and authorizing the improvements
to be constructed therein and which said objections so filed were on
motion duly overruled as being insufficient in law therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS
Section 1 That pursuant to the terms and provisions of
Ordinance No 7, 1921, being an ordinance relating to local public
improvements, there be and hereby is created and organized Sanitary Sewer
District No 40, consisting of Lots 13 to 25 in Blom 274 all of Block
275 excepts Lots 29 and 30 and that part occupied by the Colorado and
Southern right of way Lots 1 to 12 inclusive and 15 to 26 inclusive of
Block 285 Lots 2 to 15 inclusive of Block 284, Lots 1 to 12 of Block 295,
the same being now Lots 6 to 16 as appears on Griffints Subdivision of
Block 295 as accepted by the City Council August ll, 1923 Also a parcel
of land described as follows Commencing at a point 210 feet north of the
southwest corner of Block 65 thence East 190 feet, thence north 50 feet,
thence west 190 feet, thence south 50 feet to beginning, except that part
occupied by the Colorado and Southern right of way also a parcel of land
described as follows Commencing at a point 260 feet north of the southwest
corner of Block 65, thence north to Colorado and Southern right of way,
thence southeasterly along right of way to a point 260 feet north of the
south line of block, thence west to pint of beginning in the City of Fort
Collins, Colorado, and that the work of construction of said improvements in
said Sanitary Sewer District No 40 consist of an eight inch sewer line
with six inch laterals therefrom as per map on file in the office of the
City Engineer
Section 2 That pursuant to the requirements in the resolution
of the City Council adopted on the 21st day of July, I D 1923, dee notice
was given to the owners of property to be assessed in said Sanitary Sewer
District No 40, by due and lawful publication in the Fort Collins Courier,
a daily newspaper of general circulation in the City of Fort Collins, for
two successive weeks, once each week, as shown by the proof of publication
on file in the office of the City Clerk which said #otice was to the
owners of property to be assessed in the proposed sanitary sewer district,
composed of Lots 13 to 25 in Block 274 all of Block 275 except Lots 29 and
30 and that part occupied by the Colorado and Southern right of way, Lots
1 to 12 inclusive, and 15 to 26 inclusive of Block 285, Lots 2 to 15
inclusivA of Block 284 Lots 1 to 12 of Block 295, the same being now Lots
6 to 16 as appears on Griffinls Subdivision of Block 295 as accepted by the
City Council August ll, 1923 Also a parcel ofland described as follows
Commencing at a point 210 feet north of the southwest corner of Block 65,
thence East 190 feet, thence north 50 feet, thence west 190 feet, thence
south 50 feet to beginning, except that part occupied by the Colorado and
Southern right of way also a parcel of land described as follows
Commencing at a point 260 feet north of the southwest corner of Block 65,
thence north to Colorado and Southern right of way, thence southeasterly
along right of way to a point 260 feet north of the south line of block,
thence west to point of beginning, in the City of Fort Collins, Colorado,
and designating the kind of improvement proposed, the number of installments,
the time in which the cost would be payable, the rate of interest on unpaid
and deferred installments, the extent of the district to be improved,
together with the probable cost per square foot as shown by the estimate
of the City Engineer, and the total area of real estate to be assessed in
said Sanitary Sewer District No 40 and the cost oer squaro foot and to
the fur'hsr effect that on the 25th day of August, A D 1923, at eight
o'clock A M , in the Council Chambee in the City Hall in the City of fort
Collins the City Council would hear and determine all complaints and
bbjections that may be -nade and filed in writing, concerning said proposed
improvement by the owner of any real estate to be assessed in said proposed
district That the map, plans and specifications and estimate and all
proceeddngs of the City Council in the premises are on file and can be
seen and examined at the City Clerk's office during business hours at any
time within said period of thirty days by any person interested That pursuant
to said notice, on the 25th day of August, A D 1923, at the hour of eight
o'clock A M , the City Council proceeded to hear any objections that might
have beon filed respecting said proposed sanitary sower district and
which said objections so filed were on motion duly overruled as being
insufficient in law, the Ci`y Council proceeded to determine that it was
for the best interests of the taxpayers of said Sanitary Sever District No
40, as well as the City of Fort Collins, that the period of payment should
be ten years in ten annual payments
Section 3 The City Council further finds that all reouirements
of the ordinance respecting the resolutions and notices rega red by the
same 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 in said sanitary
sewer district, as provided for in the map, plans and specifications
heretofore 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 cost of said improvements,
bonds of the City of Fort Collins are hereby autrorized to be issued by the
Commissioner of Finance and ExOfficio City Treasurer, which said bonds shall
bear date at such time as may be fixed by the Commissions 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 may be approved
by the City Council, after submission by the Commissioner of Finance said
bonds shall bear the name of the Sanitary Sewer District No 40 of the City
of Fort Collins, and shall be payable in ten (10) annual installments, ten
per cent (104) thereof payable in each and every year during said period, and
shall bear interest at the rate of six per cent (6%) per annum, payable
semi-annually., said interest to be evidenced by coupon s attached to the
principal bond and attested by the fac simile signature of the City Clash
which said bonds shall be in denominations of Five Hundred Dollars ($500)
each Each of said bonds shall be subscribed by the Commissioner of Safety
and ExOfficio Mayor and attested by the City Clerk with the corporate seal
of the City and registered with the Citq Treasurer, and shall be delivered
from time to time as required for the payment of the work herein provided,
said bonds shall be redeemable out of the moneys collected on account of
the assessments made for said improvement all moneys collected from said
assessments or from the sale of bonds shall be credited to Sanitary Sewer
District No 40, and the funds so collected shall only be used for the
payment of the work of construction of said improvements and the interest
thereon Said bonds shall be numbered from 1 to 15 inclusive, and shall be
redeemable commencing one year after date thereof,/ consecutively, and
according to number and in order of issuancejSaid bonds shall only be
issued and delivered by the City Treasurer on estimates and order of the
City Engineer, signed and approved by the Commissioner of Safety and
ExOfficio Mayor when said es imates have been duly audited and approved
by the City Council and ordered nail All of said bonds shall be aveolutely
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 Bursuant to the power and
authority contained in Section 29 of Ordinance No 7, 1021, relating to
local public improvements, the payment of all the bonds issued in virtue
of tl•is ordinance is hereby guaranteed by the City of Fort Collins, Colorado
Section 5 Said bonds and the coupons attached thereto shall be
in substantially the following form
UNITED STATES OF A11ERICA
STATE OF COLORADO
CITY OF FORT COLLINS
SANITARY SE"IER DISTRICT NO 40
No
The City of Fort Collins, in the County of Larimer, and State of
Colorado, for value received, acknowledges 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 the City
Treasurer, of said City, on the dqy of
19 , subject to call and payment, however, at any time prior thereto, as
provided in the amendment to Section 1 of Article XVII of the City Charter,
passed and adopted April 4, 1920, and Ordinance No 72 1921, relating to
local public improvements, with interest thereon from date until payment at
the rate of six per cent per annum, payable semi-annually, on the
day of and the day of , at the office
of the City Treasurer of the City of Fort Collins upon presentation and
surrender of the annexed coupons as they severally become due
This bond is issued for the purpose of payirg the cost of the local
improvements in Sanitary Sewer District No 40, by virtue of and in fall
conformity with the amendment to Section 1 of Article XVII of the City
Charter, passed and adopted April 4, 1920, and Ordinance No 7, 1921, relating
to local public improvements This bond is payable out of the proceeds and
special assessments to be levied upon the real property situate in the City of
Fort Collins in said Sanitary Sewer District No 40, 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, said lien having priority over all other liens, except otter 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 by
ordinance 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 estimate of the City Engineer, and the contract price for said
improvements, nor the amount authorized by law and it is further certified
and recited that every requirement of law relatirg to the creation of said
Sanitary Sewer District No 40 the making of said local improvement 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
In Testimony Whereof, The said City of Fort Collins has caused
this bond to be subscribed by its Commissioner of Safety and ExOfficio
Mayor, attested by its City Clerk under the seal of said City, and the
interest coupons thereto attached, to be attested by the fac sinile
signature of the City Clerk, as of the day of
A D 19
Commissioner of Safety and ExOfficio Mayor
ATTEST
City Clerk
(Form of Coupon)
No �
On the day of , 19 , the City
of Fort Collins will pay to the bearer Dollars
In lawful money of the United States, at the office of the City Treasurer
of Fort Collins, Colorado, being six months' interest on its local
improvement bond dated , 192 , issued
for the construction of the local improvement known as Sanitary Sewer
District No 40, provided this bond shall not have been heretofore paid
Attached to Bond No
City Clerk
Section 6 The Commissioner of Finance and ExOfficio City
Treasurer is hereby authorized and directed to have printed a sufficient
number of bonds of the denomination of Five Hundred ($500) Dollars each,
numbered from 1 to 15 inclusive, as is required to meet the estimated
cost of said improvement as herein provided, and when said bonds shall have
been duly prepared, they shall be retained by the City Treasurer to be
issued and delivered from time to time as hereinbefore provided
Section 7 Whenever considered prudent by the City Treasurer,
he is hereby authorized and empowered, whenevee funds may be in his
hands to the credit of Sanitary Sewer District No 40 including six
months' interest on the unpaid principal to advertise for two
insertions, a week apart, 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 said bonds so issued shall
be called and paid in their numerical order
Section 8 Upon the taking effect of this ordinance, the
Commissioner of Safety and ExOfficio Mayor is hereby autrorized and
empowered to advertise for bids for the construction of said improvements
in accordance with the map, plans and specifications heretofore adopted,
which advertisement shall not be less than ten (10) days in the daily
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 Engineerls estimate of the cost of said improvement After the
contract is awarded for construction, the City Council shall require a
bond for the faithful performance of the same of not lees than twenty-five
per cent of the contract price, with sufficient surety or sureties to be
approved by the Commissioner of Safety and ExOfficio Mayor, and the work
of construction vien so awarded under said contract shall be under the
general control of the Commissioner of Public Works and in the immediate
charge, control and supervision of the City Engineer whose dafttsm decision
in S11 matters of dispute respecting compliance with this ordinance and the
contract eaade thereunder and the plans and specifications, 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 theprovision
of the City Charter, and of tls laws under which the City of Fort Collins
exists and of Ordinance No 7, 1921, and this ordinance and that the
agreed 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
he suspended for substantial cause and upon complaint of any owner of real
estate to be assessed for the 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 and
all bids which may be made by any person or persons for the construction
of said improvements, and when in the judgment of the City Council it
shall be deemed to the best interests of said City of Fort Collins, the
said City Council is hereby authorized and empowered to provide for doing
such work by hiring parties by the day and to arrange for purchasing the
necessary matorials to do such work under the direction supervision and
control of the Commissioner of Wiorks and the City Engineer acting forthe
City
Section 9 Vhen said public improvement in Sanitary Sewer
District No 40 shall have been completed and the same approved by the
City Engineer, recomrended for acceptance by said officer, and duly
accepted by the City Council of the City of Fort Collins, the cost
thereof shall be asses ed upon 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 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 Sanitary
Sewer District No 40, by an ordinance to be adopted as provided in
Ordinance No 7, 1921
Section 10 For the purpose of paying for engineering and other
clerical ex penes and the cost of insroection, upon the approval of the
City Council, the Coauaissioner of Safety and ExOfficio Mayor is authorized
to advertise for not less tnan ten (10) days in the official newspaper of
said City, and sell as many bonds as may be necessary @nd use the proceeds
thereof for said purpose, and in accordance with the provisions of
Ordinance No 7, 1921
Section 11 This ordinance shall be irrepealable until the
indebtedness herein provided for, whenever the same shall be created,
shall have been Hilly paid, satisfied and discharged as herein provided
Section 12 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
Introduced, read at length and adopted by the unanimous vote of
/-'F S�O!'ehwbei—
all the members of the City Council this Z7th: day of Est, A D 1923
.CofWrirssioner of Safe*y an& ExOfficio Mayor
ATTEST
City Clerk
STATE OF COLORADO )
) SS
COUNTY OF LARI101 )
I, A J ROSENOL", City Clerk of the City of Fort Collins
do hereby certify and declare that the foregoing ordinance, consisting
of twelve (12) sections, was duly proposed and read at length at a
regular meeting of the City Council held on the �tl$- day of Sr le � rr
A D 1923, and was duly adopted and ordered published in the Fort Collins
Courier, a daily newspaper and the official newspaper of the City of
Fort Collins by the unanimous vote of all members of the Council, as
an emergency ordinance, in accordance with the provisions of Sections 6
and 7 of Article IY of the City Charter, and thereafter, on towit the
05'.� ri6er
Af day of , A D 1923, said Ordinance No _Z was duly
published in the Fort Collins Courier, a dailv newspaper published in the
City of Fort Collins, Colorado
IN Mri-I SS WHEREOF, I have hereunto set my )-and and affixed
, X
the seal of said City, t'lis Q5 � day of fit, A D 1923
=City Clerk