HomeMy WebLinkAbout021 - 07/29/1922 - RELATING TO RECONSTRUCTION AND ENLARGEMENT OF SEWER IN DISTRICT NO. 6 AND LOWERING THE GRADE (EMERGE ORDINASTCE NO.
BEING Ail MEERGENCY ORDI'_TANCE RELATING TO RECONSTRUCTION AND MILARGE IKIT
OF SEVYER M DISTP.ICT TO. 6 ASTD LOrMING THE GRADE T MEOF, PROVIDIM
MR T7-7 CO TST-UCTIO:T OF D-PROV =S THEP.EIN AND AUTHORIZI17G THE
ISSUASTCE OF BONDS TO PAY TSE COST OF CONSTRUCTION T=207.
VMREAS, Under the authority and pursuant to the provisions of
Ordinance No. 7, 1921, the City Council, on the 17th day of June, 1922,
duly passed and adopted a resolution providing for the constructima
of enlarged sewer in District !To. 6, and lowering the grads thereof,
and for the purpose of reconstructing said sanitary sewer line said
district shall be com;osed of Lots 27 to 35 inclusive in Block 111,
and all of the lots in Block 112 in the City of Fort Collins; and
VIIERBAS, On the 17th day of June, 1922, the City Engineer
duly reported to the City Council the estimated cost of the recon-
struction of the sewer line and lowering the grade thereof and the
" schedule of assessments upon the lots and blocks in said sanitary
sewer district, towit: Lots 27 to 35 incl--sive in Block 111, and all
of the lots in Block 112, and which said report and estimate further
describ_d the total area to be assessed in said sanitary sewer
district, consisting of 194,750 square feet, and the rate of
as>essment per square foot of $.010105; and
M EREA3, Pursuant to said resolution, the City Clerk caused
notice 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 22nd day of July, 1922,
by the City Council at a regular meeting thereof to be held in the
Council Chamber in the City Hall in the City of Fort Collins, at the
hour of eight o'clock A. :d. on said day, for the purpose of hearing
all Corr ls'J.At93 or objections that may be made in writing concerning
said pro osed improvements by any owner or owners of real estate to
be assessed in said Sanitary Sewer District No 6, before the final
T
action to be taken on an ordinance organizing said district and
authorizing the improvements to be constructed therein, 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 ordirance relating to local public
improvements, tnere be and hereby is organized for the purposes of
reconstruction and enlargement of the seiler in Sanitary Sever District
No 6, a district for said purpose consisting of Lots 27 to 35 inclusive
in Block 111 and all of the lots in Block 112 in the City of Fort
Collins, and that the work of reconstruction of said improvements in
said Sanitary Sewer District No 6 consist.La, of enlargement of the
main sewer line and lowering the grade thereof as per map, plans and
specifications filed in the office of the City Engineer,
Section 2. That pursuant to the requirements of the resolution
of the City Council adopted on the 17th day of June, 1922, due notice
was given to the owners of property to be assessed in said organized
Sanitary Sewer District No 6 by dae and lawful publication in the Fort
Collins Courier, � daily newspaper of general circulation in the City
of Fort Collins for tiro successive weeks, once each week, as shown by
the proof of publication on file in the office of the City Clerk, Which
said notice was to the owmers of property to be assessed in the proposed
organized sanitary sewer district, composed of Lots 27 to 35 inclusive
in Block Ill and all of the lots in Block 112 in the City of Fort
Collins, and designating the kind of improvement proposed, the number of
installments, the time in which the cost woald be payable, the rate of
interest on unpaid and deferred installrents, the extent of the district
to be improved, togetrer 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 Se%ter District 110 6, and the cost per square
foot, and to the further effect that or the 22nd day of July, 1922, at
ought o'clock A id , in the Council Chamber r the City Hall in the City
of Fort Collins, the City Counci.L would ne-r and determine all complaints
and objections that may be made dnd filed in writing, concerning said
proposed improvements by the owner of any real estate to be assessed in
said proposed organized district That the map, plans and specifications
and estimate and all proceddings of the City Council in the rremises are
on file and can be seen and examined at the City Clerks office during
business hours at any time within said period of tnirty days by any
person interested That pursuant to said notice, on the 22nd day of
July, 1922, at the hour of eight o'clock A I,1 , the City Council proceeded
to hear any objections that night have been filed respecting said
proposed sanitary sewer district, and no objections having been filed,
the City Council proceeded to dewermine that it was for the bes` interests
of the taxpayers of said Sanitary Sewer District No 6 as well as the
City of Fort Collins, *nat the period of payment should be ten years in
ten annual payments
Section 3 The City Council fur`her finds that all requirements
of the ordinance respecting the resolutiors, and rotices required by the
same to be given in respect thereto before the adoption of an ordinance
orderirg said improvements, have been observed and complied with ill
respects, and it is hereby ordered that the improvemerts 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 Ex O£ficio City Treasurer,
which said bonds shall bear date at such tine ac may be fixed by the
Commissioner of Finance after the work of improver*ert has been co-Wenced
in said district, but said date shall be uniform for all bonds issued,
and in such form as may le approved by the City Council, after submission
by the Commissioner of Finance, said bonds shall bear the name of the
Organized Se ary Se%�sr District No 6, of true City of Fort Collins,
and shall be payable in ten (10) annual installments, ten per cent
(10') thereof payable in each and every year durirg said period, and
shall bear interest at the rate of six per cent (6%) per annum, payable
semi-annually, said interest to be ekidenced by coupons attached to
the principal bond and attested oy he fac simile signature of the City
Clerk which said bonds shall be in denomin tions of Five Hundred ($500 oo)
each Each of said bords shall be subscribed by tls Commissioner of
Safety and Ex Officio Mayor and attested by the City Clerk with the
corporate seal of the City and registered with try City Treasurer, and
shall be delivered from time to time as required for the paymert of the
Mork herein provided, said bonds shall be redeemable o»t of the moneys
collected on account of assessments made for said improvemerts, all moneys
collected from said assessments or from the sale of bonds shall be
credited to organized Sanitary Sewer District No 6, and the fluids so
collected shall only be Used for +he payment of the work of construction
of said improvements 9nd the interest thereon Said bonds snall be
numbered from 1 to 8, inclusive, and shall be redeemable connrencing one
year of+er d ate thereof, consecutively, and according to number and in
order of issuance Said bonds shall only be issaed and delivered by
the City Treasurer on estimates and order of the City Engineer, signed
and approved by the Commissioner of Safety end Ex Officio Mayor, when
said estimates have been duly audited and approved by the City Courcil
and ordered paid. All of said bonds shall be absolutely due and payable
+en (10) years from the date of issue but shall be subject to call and
payment at any time prior thereto, as provided in Ordinance Jo 73 1921,
relating to local public improvements Pursuant to the pow-r and autnority
contained in Section 29 of Ordinance ITo 7, 1921, rely+ing to local
public improvements, the payment of all the bonds issued in virtue of this
ordinance is hereby guaranteed by V}e City of Fort Collins
Section 5 Said bonds and the coupons attached thereto shall
be in substantially the fotlowirg form
M ITED STATES OF ANERICA
STATE OF COLORA.DO
CITY OF FORT COLLIITS
ORGANIZED SAITIT4RY SEVIER DISTRICT 7TO 6
ITo
The City of Fort Collins, in the County of Larimer abd State
of Colorado, for value received, acknowledges itself indebted and hereby
promises to pay to the bearer hereof the sun of Dollar., in laiftl
money of tl'e United Sta es, at the office of the Ci y Treasurer of said
City on the day of 19_ stbject to call
and payment however, at any tune prior thereto as provided in the amend-
ment to Section 1 of Article XVII of the City Charter passed and adopted
Aril 4, 1920 and Ordinance Jo 7, 1921 relating to local -oLblic
m nroverents, with interest tlereon from date _x til paym-nt at the rate of
six per centum per annum, p^,/able semi-annually, on tre d-y of
and the day of at the office of the
City Treasurer of the City of Fort Collins tpon presertation and surrender
of the annexed coupons as tney severally become dte
This bond is issued for the rurpose of paying the cost of the
local improvement in organized Seri wry Sswer District i10 6 by virt-uz
of and in full conformity with tre amendment to Section 1 of Article YVII
of the City Char er pas ed and adopted April 4, 1920 and Ordinance ITo 7,
1921, rela ing to local rublic improvements This bond is payable out of
the vroceeds and special es,.essrien s to be levied upon the real property
situate in the City ofFort Collins in said Organized Se nr District Ho 6
especially benefi ted by said improvements and the amount of the assess-
ment so to 'Le made upon the real estate in said District for the payment
thereof Tn h accrLed inter- .t, is a lien unon +I•- said real estate in the
resoeetive amonts to be apaortioned to said real es a e and to be assess-d
by an ordinance of said city, said lien having priority oter all other
liens, except other bonds, heretofore issued by said City and the lien
of general taxes, but payment of said bonds is guaran eed by the City of
Fort, Collins as provided by ordinance and it is hereby certified and -
reci`ed that he total issie of bonds of said city for said district,
ilcluding tnis bond, does not exceed the estim,a e of the City Engineer,
and the contract Trice for seid i_rrovement nor the amount authorized
by law and it is fur+rer heresy certified ana recited that every requirer-ant
of lav relating to th- or arization of said Sani -try Sev-r District i"o 6
the makirg of said local imurovement and he issuance of tnis bond has been
fully complied with by the proper officers of sa d city and tia t all
corditio-w regLired to exist and all thirgs required to b- done orecedatt
to and in the issuance of this bond to render the same laTful an-1 valid,
have happened, and been properly done and prformed and did exist in
regular end due time, form and manner as required by law
IN TESTI 0Y T-JEEF.EOF the seed City of Fort Colli o as caused
this bond +o be sabscribed by its Commissiorer of Safety and Ex Offic o
Mayor attes ed by it. City Clerk under the seal of said city and e interest
coupons t'l-P reto attached, to be at es ed by the fac simile s ma re of he
City Clerk us of ne dey of 10
Commis. lorer of Safety and Ex Officio
ATTEST ayor
Citv Clerk
(Form of Coulon)
No
On the dsy of 19 the City of
Fort Collins will pay to the bearer Dollars in lawful
money of the United S ates, at the office of the City Treasi.rei of Fort
Collins Colorado being six months' interest on its local improvement
bond dated 102 , issued for the construction of
th,- local -m-orcvemont knoin as Organized Sanitary Sewer Distric+ iTo 6,
provided his bond shall not have been heretofore peid
Attached to bord Yo
Ci y Clerk
Secti n 6 The Corunis ioner of Finance and Kc Of"icio Ci y
Treasurer is hereby authorized and directed to have printed a siff curt
=tuber of bonds of the denomina+ion of Five Hundred ($500 oo) Dollers each
numbered from 1 to 8 inclisive, as is roquired to meet thee ostima ed cost of
said improvement as herein provided and when said bonds shall have been
dtly prepared, they shall be retaired by the Ci y Crap-srer to be issued
and delivered from time to time as nereirbefore provided
Sec`icn 7 Manever corsidered pri.dert by the City Treasurer
he is hereby authorized and empowered, whenever funds may be in his nands
to the credit of organized sanitary server district No 6 including six
months' interest on the unpaid principal to advertise for two irsertions,
a week apart, in he official newspaper of said City and call in a s..itable
number of bonds of said d-strict for payment, and a+ 1,e expiration of
thirty (30) days fron he first publica ion interest on said ponds so
called shall cease The notice shall specify he bonds so called by
number, and all said bords so is^ued shall be called and aid in heir
numeric 1 order
Section 8 Upon the takirg effect of this ordirance i,e
Commissioner of Safety nd Ex-Offic_o Mayor is hereby autnorized and
empowered to advertise for bid. for the cons ruction of said improvemdnt
in accordance with the map plans ar d snecificatir-is baretofore adopted,
vhich advertisement hall not be less than ten (10) days in the daily
official newspaper published in the Citj of Fort Collins, and all bids
received under said advertisement wall bp submit ed to the City Cotr�il
for approval or rejection, and no cortract shall be a Warded in excess of
the City Engineer's estimate of he comet of said improvement After the
contract is ainrded for construction, he City Council shall require a
bond for the f ithft 1 performance of tl'e same of not less than twenty-five
(^514) per cent of the contract price with skfficient s sety or sure ies
to be arLroved by the Comnissiorer of Safety and Ex-Officic iayor, and the
work of construction when so awarded under said contract shall be under the
general control of the Commissioner of Public Ciorks and in `ie immiedln e
charge control and sapervision of the City Engin-er, whose decision in all
ma+tors of di rute respecting comxliance with this ordinance end tie contract
made thereunder and the plans and specifictitions, shall be "anal and binding
upon all parties thereto Ilhen said contract is awarded it snall coitain a
clause to the effect that it is subject to tl^e provisions of tie City Charter ,
which
and of the la s under the City of Fort Collins exi. s, and of Ordinance ITo 7
1921, and this ordinance, and hat tie agreed paymen s shall not exceed the
Palimate of iie City Enginemr and the am,unt appropriated and that anon ten
days$ notice the work under said contact, wi+pout cost of claims against
the City of Fort Collins, may be suspended for subs 9.ntial ca se and apon
complaint of any oitner of real es`ate to be assessed for the improvement
that the improvement is not being construct-d in accordance %vita the contract
then the Ci v Coancil may consider the complairt and maim such order as may
be just and its decision shall be final The City Council sha;l have the
right to reject any and all bids which -nay be made bj any person or lersone
for the construction of said improvements, and when in the ji-dgme,it of the
City Council it shall be deemed to the best in+erPsts of said City of Fort
Collins tro said City Council is nereby authorised and empowerad to provide
for doing stch work by Iiring -oar`ies by he day and to arrange 'or o rcnasing
the necessary materials to do sash work under the direction, supervision
and control of the Co--nissioner of Works and lie Ci y Engineer, acting for
the City
Saction 9 when said public improvement in Organized Sanitary
Sewer Dis riot Jo 6 snall heve been comrl-red and he same ap-roved by +he
RW
Cit$ Engineer recommended for acceptance by said officer, and duly
-c-epoed by tLe City Council of the City of Fort Collins, the cost
thereof shall be a.sessed upon all the real es ate in said district
as the area of each piece of real -state in said district is to the
area of all the real estate in the district exclasive of roublic
hignroays, which said as esynents i-hen made and re-oorted by the City
Engineer and approved by the City Council shall be as es-ed agairs
the property in Organized Sanitary Sever Dis ric To 6 by an ordinance
to be adopted as provided by Ordinance ITo 7, 1Q21
Section 10 For the purpose of haying for engineering and
o her clerical expenses end ,ie cost of irspection, uron the a-proval
of the City Council t,ie Cori-nis ioier of Safety and Ex Offic_o Iiayor
is euthori-ed to advertise for not less tnan ten (10) days in the
official newsparer of said City and yell as many bords as may be necessary
and use tn- proceeds thereof for said ro.sp se and in accordance vith
the )rovisions of Ordinance 'vo 7, 1021
Section 11 This ordinance shall be irrepealable until t _9
indebtedness aerein provided for, whenever `i16 sane snall be created,
shall nave been fu_Lly paid, satisfied and discaaxged as herein provided
Section ld That by reason of the exevption of certain lots
in Block 111 which are alteady con -c+ed and will receive no benefit
from the cons+ruction of the said enlargement and loner ngg e grade
from assessment for the construction of the improvements in Orgoxiiz-d
Sanitary Seger District To 6 and to eq"alize the barden 1 is ordered
Iaat one-half of the cos of the said Lmprovemen s shall be paid by t w
City of For Coll ns end do sum of Two Th-aNand (``2 000 oo) Dollars
is iereby alpropri- ed out of Wa7Der Works Sever P14shing Maintenance
for sa d purpose
Section 13 In he o inion of tia City Council an errergency
e. i� s for tm prea-rvatinn of the pablic heal h neaco .,,nd safely, and
this ordinance snall take effect upon its passAge and pub�ication under
and by virtue of the authority contained in Sections 6 and 7 of
Article IV of the City Charter
by
Introduced read at length and adopted the unaniious vo e
of all the members of the City Council this 2daJ of July ? D
1922
C6mmissioner of Safe y aafd Ex Officio
T Iayor
ATTEST
C y Clerk
ST&TE OF (-OIARaDO )
SS
COLivTY OF I,-PL ER )
I A J ROSMTOV7 City Clerk of t..e City of Fort Collins, do
hereby certify and declare that the foregoing ordinance consisting of
thirteen (13) sections, was duly proposed and read at length at a
re5ular me-tang of the City Council held on the 29th day of July A D
1922 and was duly alopted and ordered published in the Fort Collins
Courier a daily rewspaper and the official news caper of the City of
Fort Collins, by t'a _nanimous vote of all rrembers of the Council, as
an emergency ordirance in accordance with the provisions of Section s
6 and 7 of Article of tie City "har er and thereof*er on towit
the .2 day of , A D 1922 said Ordinance iio / was duly
pht.lished in the Fo Collins Courier, a daily newspaper published in
the City of Fort Collins, Colorado
II WITITESS WHERFOF I nave hsreunto g�et_my hand and afiixed
the seal of said City this aZ daj of A D 192r'
City Clerk