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HomeMy WebLinkAbout029 - 12/24/1921 - RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT NO. 38 (EMERGENCY ORDINANCE) ORDINANCE NO. , 1921, BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION AND OP6 GANIZATION OF SANITARY SEWER DISTRICT 1ti0. 36, PROVIDING FOR THE CONSTRUCTION OF THE IlLPHOVEMEiTS THEREIN AND AUTHORIZING THE ISSUANCE OF BONDS TO PAY THE COST OF THE CONS'TRUC"PION THEREOF. WHEREAS, Under the authority and pursuant to zhe provisions of Ordinance No. 7, 1921, the Cluy Council , on the 127;h day of November , 1�221, duly passaa riza aaopzaa a re- solution providing zor cna orgaaize:�iou of a sanitary sewer district and designating the boundaries thereof and the lots and blocks therein, for the purpose of constructing a sanitary server line in a district composed of the East Half of Block 32 and Lots 7 to ao, inclusive, in Block 311 in the City of Fort Collins; and WHEREAS, On the 19th day of November , 1921, the City Engineer duly reported to the City Council the estimated cost of the said sanitary sewer 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 / IZ, Tay square feet , and the rate of assessment per square foot of � .013039, and the cost for a lot 25 x 190 feet of 461.94; and WHEREAS, 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 24th day of December, 19210 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 one o 'clock P .:A. on said day, for the purpose of hearing all cou- plaints or obJecticns 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 . 36, before the final action to be taken on an ordinance creating and or- ganizing 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 pro- visions of Ordinance No. 7, 1921, being an ordinance relating to local public improvements , there be And hereby is created and organized Sanitary Sewer District io. 36, consisting of the East Half of Block 32 and Lots 7 to 23, inclusive, in Block 31, in the City of Fort Collins , and that the work of construction of said improvements in said Sanitary Sewer District No. 66 con- sist of a main sewer line and branches as per map on file in the office of the City Lngineer . Section 2. That --ursuant to the requirements in the resolution of the City Council adopted on the l9th day of November, ln2l , due notice was given to the owners of property to be assessed in said Sanitary Sewer District No. 36, 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 weei;s , 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 owners of property to be assessed in the oronosed se,nitary sewer district , comrosed of the Last Half of Block 32 and Lots 7 to 23, inclusive, in Block 31, in the City of Fort Collins, and designating the kind of improvement pro- posed, the number of installments, the time ih which the cost would be payable, the rate of interest on unpaid and deferred installments , the extent of the district to be improved, to- gether with the probable cost per square foot as shown by the estimate of the City Engineers and the total area of real estate to be assessed in said Sanitary Sewer District ivo. 361 and the cost per square foot , and to the further effect that on the 24th day of December, 1921, at one o' clock P. A. , in the Council Cham- oer of the City Hall in the City of Fort Collins, the City Coun- cil would hear and determine all complaints and objections that may be made and fil d in writing, concerning said proposed im- provement by the owner of any real estate to be assessed in said -roposed aistrict . That the map, plans and specifications and estimate and all proceedings of the Ci�y 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 aotioe, on the 24th day of December, 1921, at the hour of one o ' clock P .M. , the City Council proceeded to hear any objections that might have been filed respecting said proposed sanitary sewer district , and no objections having been filed, the City Council proceeded to determine that it was for the best in- terests of the taxpayers of said Sanitary Sewer District No. 36 as well as the City of Fort Collins, that the period of payment should be ten years in ten annual payments. -6- Section 3. The City Council further finds that all requirements of the ordinance respecting the resolutions, and notices required by the same to be given in respect there- to before the adoption of an ordinance ordering said improve- ments, have been observed and complied with in all respects, and it is hereby ordered that the improvements in said sani- tary 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 authorized to be issued by the Commissioner of Finance and Ex Officio City 'Treasurer , which said bonds shall bear date at such time as may bafixed by the Commissioner of Finance after the work of improvement has been eommenoed in said dis- trict , but said date shall be uniform for all bonds issued, and In such form as may be approved by the City Council, after sub- mission by the Commissioner of Finance; said bonds shall bear the name of the Sanitary Sewer District No. 36, of the City of Fort Collins, and shall be payable in ten (10) annual install- ments, ten per cent (1Vc) thereof payable in each and every year during said period, and shall bear interest at the rate of six per cent (b°lo) per annum, payable semi-annually, said interest to be evidenced by coupons attached to the principal 'bond and attested by the fae simile signature of the City Clerk,which said bonds shall be in denominations of Five Hundred Dollars (*500.00) each. Each of said bonds shall be subscribed by the -4- Commissioner of Saf ety and Ex 0ffieio layor and attested by the City Clerk with the corporate seal of the City and registered with the City 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 assessments made for said improvements; all moneys collected from said assessments or from the sale of bonds shall be credit- ed to Sanitary Sewer District No. :A 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 �, inclusive, and shall be redeemable commencing one year after date thereof , consecutively, and acc^rd- ing to number and in order of issuance. Said bonds shall only be issued and delivered by the City Treasurer on estimates and order of the City Engineer , signed and approved by the Commis- sioner of Safety and Ex Officio Mayor , when said estimates have been 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 call and payment at any time prior thereto, as provided in Ordi- nance No . 7, 1y21 , relating to local public iwprovernants. Pur- suant to the power and authority contained in Section 2y of Ordi- nance No. 7, 1021, relating to local public improvements, the payment of all the bonds issued in virtue of this ordinance is hereby guaranteed by the City of Fort Collins. Section 5. Said bonds and the coupons attacned thereto shall be in substantially the following form: -5- UNITED STATES OF AIERICA STATE OF COLORADO CITY OF FOru COLLINS SANITARY SEWEn DISTRICT 110. 36. No. The City of Fort Collins, in the County of Larimer and State of Colorado , for value received, acknow- ledges itself indebted and hereby promises to pay to the bearer hereof the sum of Do-!are in lawful money of the united States, at the office of the Cicy 'ireasurer of said City, on t'_ze day of , 19 , sub- ject to call and payment , however , at any time prior there- to, as provided in the amendment to Section 1 of Article XVII of the City Charter , passed and adopted April 4 , 1920, and Ordinance No. 7, 1--21, relating to local public iraprovs- ments , with interest thereon from date until payment at the rate of six per centum per aanum, payable semi-annually, on the day of and the day of , at the office of the City treasurer of the City of Fort Col- line, upon resentation and suxreriaer of the annexed coupons as they severally beeorric aue. This bond is issued for the purpose of payirg the cost of the local improvement in unitary Sewer District No. 36, by virtue of azid in full conformity with the amend- ment to Section 1 of Article XVII of the City Charter , pass- ed anti adopted April �, ana Ordinance No. 7, 1921, re- lating 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 i+o. 36, 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 t'sie respective arr:ounts to be apportioned to saiu real estate and to bt assessed by an ordinance of said city, said lien having priority over all ocher liens, except other bonds , heretofore issued by said City, a.,athe lien of general taxes, but payment of said bonds is guaranteed by the City cf 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 esti- mate of the City Ennineer , and the cunt act price for said im- provement , 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 Sewer District No. 36, the making of said local improvement and the issuance of this bond, has been fully comrlied 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 issu- ance of this bond to render the same lawful and valid , have hax�pened, and been properly done and performed, and did exist in regular and due time , fours and manner as required by law. -e- In Testimony Whereof , the said City of Fort Collins has caused tais bond to be subscribed by its Coi=is_ sioner of Safety and rx Oitioio ;Aayor , attested by its City Clerk under the seal of said city, and the interest coupons thereto attaches}, to be a tested by the fac simile signature of the City C1erk,as of the day of 19 or m ss oner of Safe y and AT"TEST: Ex Officio 'Iayor. CITY CLO K. (Form of Coupon) Eo . On the day of , lb , the City of Fort Collins will pay to the bearer Dollars in lawful money of the United States, at the office of the City '-creasurer of Fort CoLiins, Colorado, being six months' interest on its local improvement bond dated , 1922, issued for the construction of the local improvement known as Sanitary Sewer District No. 3S, provided this bond shall not have been heretofore raid: Attached to Bond ro. City Clerk. Section 6. The Commissioner of Finance and hx Officio Cicy Treasurer is hereby authorized and directed to have printed a sufficient number of bends of the denomination of Five hundred Dollars (�500.00) each, ni=.bered from 1 to 5 , 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 Treasur- er to be issued and delivered from time to time as hereinbefore provided. -7- Section 7. Whenever considered prudent by the City Treasurer., he is hereby a.ti horized and empowered, whenever funds may be in his hands to the credit of Sanitary Sewer Dis- trict No. 30, including six months' interest on the unpaid prin- cipal, to advertise for two insertions, a week apart , in the off ioial newspaper of said City and call in a suitable number of bonds o2 saia district for payment , and at the exriration of thirty (SO) 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 call- ed and paid in their numerical order. Section 8. Upon the taking effect of this ordi- nance, the Commissioner of Safety and Ex Officio Uayor is here_ by authorized and empowered to advertise for bids for the con- struction of said improvement 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 Engineer ' s estimate of the cost of said im- provement . After the contract is awarded for construction, the City Council shall require a bond for the faithful performance of the same cf not less than twenty-rive per cent of the con- tract price , with sufficient surety or sureties to be ap roved by the Consnissioner of Safety and Ex Offieio Mayor , and the work of construction when so awarded under said contract shall be under the general control of the Cornmissiont�r of Public Works and in the immediate charge, control and supervision of the City -a- Engineer , whose decision in all matters of dispute respecting compliance with this ordinance and the contract made 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 effeot that it is subject to the provisions of the City Charter , and of the laws under which the City of Fort Collins exists , and. of Ordinance 11o. Y, lt�dl, and this ordinance, and that the agreed payments shall not ex- ceed the estimate of the City Engineer and the amount appro- priated, and that upon ten days' notice, the work under said contract , :°rithout cost or claim against the City of Fort Col- lins, may be 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 com_ plaint 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 autho- rized and empo•.rered to provide for doing such work by hiring par- ties by the day and to arrange for purchasing the necessary ma- terials to do such work under the airection,supervision and control of the Commissioner of Works and the City Engineer , acting for said City. Section 9, when said public improvement in Sanitary Sewer district 1o. 66 shall have been completed and the same approved by the City Engineer , recomn,ended for acceptance by said officer , and duly accepted by the City Council of the City of Fort Collins, the cost thereof shall be assessed 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 report- ed by the City Engineer and approved by the City Council, shall be assessed against the property in Sanitary Sewer Dis- trict No. 361 by an ordinance to be adopted as provided by Ordinance No. 7, 1921. Section 10. For the purpose of paying for en- gineering and other clerical expenses and the cost of inspec- tion, upon the approval of the City Council, the Commissioner of Safety and Ex Officio Ivlayor is authorized to advertise for not less than ten (10) days in the official newspaper of said City, and sell as many bonds as may be necessary and use the proceeds thereof for said purpose, and in accordance with the provisions of Ordinance No. 7, 1921. Section 11. This ordinance shall be irrepeal- able until the indebtedness herein provided for , whenever the same shall be created, shall have been fully paid, satisfied and discharged as herein provided. -10- r 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 all the members of the City Council this 24th day of December , A.D. 1921. Commissioner of 6afety and Ex Officio :Aayor. ATTEST: City Clerk. _11- STATE OF COLORADO } SS . COUNTY OF LARIMER ) I , A. J. ROSENOW, City Clerk of the City of Fort Collins, do hereby certify and declare that the foregoing ordi- nance, consisting of twelve (12) sections, was duly proposed and read at length at a regular Meeting of the City Council held on the 24th day of December , 1921 , and was duly adopted and ordered published in the Fort Collins Courier , a daily newspaper and 'lie official newspaper of the City of Fort Col- lins, by the unanimous vote of all members of the Council, as an emergency ordinance, in accordance with the provisions of Sections 6 and r or Article Iv of the City Charter; and there_. after , on -towit: the -17 day o.t Lccember, 1921, said Ordinance No. �911`7 was duly published in the Fort Collins Courier , a gaily newsp-par puolished is uhe City ox rort Collins ,uoloraao. Ila` WIiiuESS vdEi.EiLo`, 1 have hereunuo set my hand and affixed the seal of said City this day of December, 1921 City Clerk. _13_