HomeMy WebLinkAbout023 - 10/22/1927 - RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT NO. 46 (EMERGENCY ORDINANCE) OiDIiTAITCr NO 19272
BEING AN n ERGEITCY O'3DI114I�C T' RELAIIITG TO TT E CREAIIOA TID CRGAU IZPTION
OF SAIJITARY SEITfR DISTRICT TIO 46 PROVIDI IG rOR Tt1E COiETFUCTION OF
TTTE IPTPROVI l 1dTS I>4IEERZ IlT �d D AUTTTORIZ I-N G THE I SSUAlICE OF BONDS TO PAY
VIE COST OF COITST;UCTION THEUOF
v=EAS Undej. the authority and pursuant to the provisions
of Ordinance No 7 1921 as amended by Ordinance i+o 9 1926 the
City Council on tIm 13th day of August A D 1927 du ly passed aid
adopted a resolution providin, for the organization of a sanitary
sevier district and designating the boundaries the.Leof and the Loks
and olocks therein, for the purpose of ainstruct.Lng a trunk line
sa,iitary sewer of such size as may be deuermined Liecessaiy to take
care of the ^ei age with laterals therefrom togeu �iei irith all
investigation and engineering cviarges and sewage disposal plant should
the same become necessary , to serve tre said district with manholes
at each of said street intersections, in a district composed of
BlocT-s 1 and 2, iard's Audition Blocks 1 and 2, I C Bradlev' s
Additioa Block 1 L C Mo-oie's 1st Audition Blocks 1 to 8 inclusive
L C Moore 's 2nd Addition and Blocks 1 to 9 inclusive L C Moore 's
aid Addition in the City of Fort Collins, Colorado and
MREAS On the 10th day of September , A D 1927, the City
Enginc r duly reported to the City Council the estimated cost of the
said sanitary sewer and the schedule of asses-ments upon the lots and
blocks in said sanitary se jer district and vahl& said retort and
estimatie further described the total area to be assessed in said
sanitary sevier district and the total cost of the said district as
follows
Thgt the total cost of said improvements is estimated by
the City Engineer to be " 31 888 64
Said district is created for the purpose of constructing
the trunk line for
-1-
(a) Block 1, L C Moore's lst Addition,
(b) Blocks 1 21 5 6 7 and 8 of L C Moore 's 3rd Addition,
(c ) Blocks 1 to 5 inclusive of L C Moore 's 2nd Addition
as well as the complete trunk line and lateral system for
(d) BloGKs 6, 7 and 8 of L C ISIoore 's 2nd Addition
(e ) Blocks 3 4 and 9 of L C Moore 's 3rd Addition
(f) Blocks 1 ana 2 of G F (lard's Addition
(g) Blocks 1 and 2 of I C Bradley 's Addition
Pox the purpose of assessment
(a ) shall be knovm as Sub-District ITo 1
(b) shall be known as Sub-District \To 2
(c ) shall be kncvm as Sub-District To 3
The trunk line cost of the district shall be 2/3 of the total
cost of the aistrict uo be paid equally by the total area in the
district Total area in dist.Lict 6,286 248 49 square feet Rate per
square foot �O 006469
Amount of the total_ district cost to be paid by sub-districts
is equal to their area times the rate as follows
(a) Sub-District #1 -- ?57,263 70 square feet 031664 27
(b) Sub-District `-2 -- 6839975 29 square feet 4424 71
(c) Sub-District 713 -- 770,319 38 square feet 4983 28
Total amount to be paid by sub-districts ?11072 26
Balance , 031,888 64 - �11 072 26 or $20,816 38 (This balance to be
paid by the following with an area of 1, 574 690 12 saua.re feet )
(d) Blocks 6, 7 and 8 of L C ITooie 'S 2nd Addition,
(e ) BlocT�s 3, 4 and 9 of L C IIoo.Le 's 3rd Addition
(f) Blocks 1 and 2 of G F riard' s Addition,
(g) Blocks 1 and 2 of I C Bradldy's Addition
Rate per sgaa.Le foot for (d ) (e) (f) and (g) is $0 01321935 Cost of
a lot 50 feet by 140 feet ( 7000 sq ft ) in Suo-Districts One , Two and
Three is yj45 28 Cost of a lot 50 feet by 140 feet (7000 s q ft ) in
(d) Blocks 6, 7 and 8 of L C Moore 's 2nd Addition
(e) Blocks 3 4 and 9 of L C Mooie 's 3rd Addition
(f) Blocks 1 aid 2 of G r [lard' s Addition,
(g) Blocks 1 and 2 of I C Bradley 's Addition is �92 54,
and
=RYAS , Pursuant to resolution, the City Clerk caused
notice the.Leof to be published in the official newspa-oer of the City
of Fort Collins for a period as proviaed by ordinance , and provided
in said notice tnat a Tieaiing wov ld be had on the 22nd day of October ,
-2-
A D 1927, by the City Council at a regular meeting thereof to be held in
the City of Fort Collins, at the hour of eight o 'clock A PI of said day
for the rurpose of hearing all complaints oe oojections that, may be made
in writing by any o irpi or am ers of i eal estate to be assessed in said
Sanitary Se aer District ido 46 before tn.e final action to be taken on
an ordinance creating and organizing said district and autnorizing the
improvements to be constructed tbeiein and
IIIIEREAS IIo complaints in war it_ng c one e,.ning the -Dr onos ed
improvemects hare been filed with the City Clerk therefore
BE IT ORDAINED BY THE CITY C OU.LTC IL OF TIFE CITY OF FORT COLI INS
Section 1 That pursuant to the terms and provisions of
Ordinance No /, 1921 being an ordinance celatiqp to local public
improvements, as amended by Ordinance No 9, 1926, there be and hereby
is created and organized Sanitary Seder District No 46, coneisting of
all the rioroe_ty in Blocks 1 and 2 , 4hard' s Addition Blocks 1 and 2 ,
I C Bradley's Addition Block 1, L C i4loore 's 1st Addition Blocks 1
to 8 inclusive L C IvIoore 's 2nd Addition and Blocks 1 to 9 inclusive
L C Ivioore 's 3rd Addition in the City of Fort Collieis Colorado and
that the work of construction of said impzovements in said Sanitary
Se jer District No 46 consist of a trunk line sanitary se ier of such
size as may be determined necessary to Bake c tre of the sewage, with
laterals therefrom as per map on file in the office of tYs Cit- :Ingineer
Section 2 That pursuant to the requirements of the resolution
of the City Council duly adopted on the / day of September , A D
1927 due notice was given to the owners of rro7oerty to be assessed by
due and lawful publication in the Fort Collins Express-Couxie^, a daily
ne isvaper of general circulation in the City of Fort Collins for a
period as required by laws as snoop by the proof of publication on file
in the office of the City Clerk , ihich said notice was to the owners
of the property bo be assessed and designated the kina of improvements
probosed the number of installments ana the time in wrUch the cost
wovld be -oayable, the rate of interest on the unpaid and deferred
installments the extent of the district improved togethei uiuh the
-3-
probaole cost Aei squ foot as shcun by the Fs _mate of the City
FIngineer and to the fuctheL effect trat on the 22nd day of Octobei ,
A D 1927 :kt eight o ' clock A M in the Council Chamber in the City
Hall of t e City of Fort Collins , the City Council world near and
deteimine all corirlai its and objections that might be rade and filed
in w-citing concerning the or000sed improvements by the o� ner of any
real estate to be assessed that in pursuance of t} e said notice the
said City Council did sit to rear complaints at said meeting hela on the
22nd day of October , A D 1927 and that no complaints in rn iting
concerning the pi oposed improvements had then and there been Filed with
the Cit.) Clerk
Section 3 The City Council finds tna.t all the reauirements
of the statute respecting the resolutions and notices required by lair to
oe given in respect thei �,to before the ado-otion of an orduzance ordering
said improvements nave been ooseived and complied nth an all ia5pects
and it is hereby of defied that the improvement of Sanitary Suter District
M 46 as piovidea for in the map, plans and specifications heretofore
adoptea by the City Council, and ap-oi oved in this ordinance be and they
are hereby of dei ed to be constructed
Section 4 For the pusuose of paying the cost of said
improverents bonds of the City of Foit Colli3is are hereby 'Tilthofized
to be issued by the Commissioner of Finance and Ex-Officio Treasus er of
the City of Fort Collins hica said bonas shall beat date at such time
as nay be fixed by the City Treasurer aster the work of iinurovement has
been commenced in said district but said dace shall be uniform for all
bonds issued and in such form as may be apnioved by the City Council
after submission by the Commissio^er of finance said bonds shall bear
the name of Sanitary Sewer District IJo 46 of the City of Fort Collins
and shall bear rrtenest at the rate of five (51) -oer cent -oer annum
oavable semi-annua"117 said lnteiest to be evidenced by cou-oons attached
to the nri icival bo -id ) ad attested by the fac s mile sign-iture of the City
Clerk 7hich said bonds shall be in denominate oils of , y e
Hundred ( �j o o �� ) Dollars each Each of said bones shall be
-4-
subscribed by the Commissioner of Safety and Ex-Officio TTayor, counter-
signed by the Commissioner of Finance aixi Ex-Officio City Treasurer ,
and attested by the City Clerk with the corporate seal of the City, and
registered with the City Treasurer and shall be cteliverea from time to
time as required for the payment cf the work herein provided, or the
City Council in its disc.Letion may sell said oonds to nay such cost
in cash as provided in Ordinance No 7, 1921 as amended by Ordinance
ITo 9 1926 Sgid bonds shall be redeemable out of the moneys
collected on account of the assessments rn, de for said improvements all
moneys collected from said assessments or from the sale of bongs for
sa-Ld imp.Lovements shall be creaited to Sanitary Sewer District No 46,
and the funds so collected shall only be used for the -myment of the
Bork of cons-uructian of said improvements and the interest thereon
Said bonds shall be numbeied from one to SIX & Vol-
inclusive ana shall be redeemable consecutively according to numb-r
and in the order of issuance Said bongs 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 Ex-
Offlcio hTayo.c , when said estimates have been duiv audited and approved
by the City Council and ordered paid All of said bonds shall be
absolutely due and payable ten (10) years fran 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 ,
as amended by Ordinance ITo 9 1926 Pursuant to the power and
authority contained in Section 29 of O.Ldilance ffo 7 1921 re]riting
to local public -Lmprovenenus as amendea by Ordinance iJo 1926 the
payment of all the bones issued in pui seance of thus ordinance are
hereby guar ant eed by tb e City of Fort Collins
Section 5 Said bonds and the coupons attacned thereto
shall be in subs uantially the following form
-5-
UNIiLD STATE&OF AMERICA
STATE OF COLORADO
CITY OF FORT COLLINS
SANITARf SE 'ER DISTRICT NO 46
110
The City of Fort Collins, in the County of Larimer, and State
of Colorado, for value received„ acknowledE es itself indebted and
hereby promises to roay to the bearer hereof, the sum of
Dollars in lawful money of the United S a es
at the office of the Ci y Treasurer of said City, on the day
of 19 , sub j ee t to call and payment ,
however , at any time prior eieto, as i)rovided in the amdndment to
Section 1 of Article XVII of the City Charter, pa ssed and adopted
Apiil 6 1920 and Ordinance No 19 1921, relating to local -oublic
improvements , as amended by Ordinance 110 90 19269 with interest
thereon from daz until payment at the rate of five (5o) per cent
per annum, p-yable semi-annually, oh the day of
and the day of , a —fFe office of the Ci y
Treasurer ofThe City of Fort Co Tins , upon pr-senuation and surrender
of the anae%ed coupons as they severally become due
This bond is issued for the purpose of paying the cost of the
local improvement in Sanitary Sewer District No 46 by virtue of and
in full co fortuity with the amendment to Section 1 of Article XVII of
the City Ciiziter passed and adopted Apzil 62 1920 and Ordinance No
7 , 1921 relating to local public improvements as amended by Ordinance
ilo 9 1926 This bond is payable out of the proceeds and special
assessmen' , to be levied upon the real property situate in the City of
Fort Collins in said Sanitary Se ler District No 46 especially
beneiitted 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 upon the said real
estate and to be assessed by an ordinance of said City said lien
having priority over all other liens, except other bonds heretofore
issued by said City and the lien of general taxes but payment of said
bonds is guaranteed oy the City of £ort Collins as providea by
ordinance and it is hereby certified and zecited that uhe total issue
of bonds of said City For said district, including tars bona, does not
exceed the estimate of the City ^n�ineer, and the contract price for
said improvements nor the amount autnorized by law ana ;i, is further
hereby certified aia recited that every requiremerA of law relating to
the creation of said Sanitary Sewer District No 46, the making of said
local improvement and the issuance of this bond has been frilly complied
with by the prober officers of said city, and than all conditions
required to exist and all things required to be done precedent to ar d
in the issuance of this oond to render uhe same 7avful and valid, have
happened and been properly done and performed and did exist in
regular znd due time form and manner as re ,,uiied by lave
In Testimony Jh ceof, the said City of Fort Collins has caused
this bo id to oe subscribed by its Commissio iez of Safety and Ex-Officio
I ayor counteiszgned by its Commissioner of Finarne and Ex-Officio
City Treasurer and aLtesLed by its City Clerk under the seal of said
City, and the interest coupons thereto attached, to oe attested by the
fac simile si;Dature of the City Glerk as of the day of
192
Commissio er of Safety and Ex-Officio Mayor
C OUT IT ER S IGiE D
-6-
Comiissioiier of Finance ana Ec-Of*ie!o Ci y
Tieasarei
.'TTEST
City Clerk
(Form of Couvon)
No
On the day of 19 , the City of
Fort Collins wi 1-oay to the -bearer
Dollars in lai ful money of the Unite Sta es, at the office of the City
Treasurer of Fort Collins, Colorado, being six months ' interest on its
local imbrovement bond dated , 19279
issued fo.L the construction o ze local improve,ienus luiown as
Sanitary Se jer District TTo 46, proviaed this bond shall not nave been
liei etofoi e paid
Attached to Bond To
City ter
Section 6 The Corimissiolier of Finance ana Ex-Officio City
Ti easur ei is hei eby uut hoi ized and directed to have pr in ea a sufficient
number of oonds or the denominAtion of /L::-- d 'e,
Hund_ed (y?' e5 c> u Z' ) Dolla.Ls each, numbe-L ed from 1 to
inclusive as is re iuired to meet the estimated cos' of said imp.Lovements
as nei ern -orovided and �tlen said bonds shall have been dtly urep -red
they shall to Letai.LEd by the City Treasurer uo be issued and delivered,
from time to time , as heieinbefore provided-
Section 7 menever cc zsid.,red prudent by the City Treasurer
he is hereoy aatrorized and empowe.Led, nenever funds may be in }pis
hands to t le credit of Sanitary Sewer District No 46 -Lncluding six
months ' interest on Lhe unpaid rorincipal to advertise fo-L five days
in the offic_al nevispauer of said City and call in a suitable number
of bonds of saia dist-Lict for pavment and at tYe expiration of thirty
(30 ) days from the first oabliaatioa, interest on said bonds so called
shill cease TT e aotice shall specify the bonds so called by number
and all oonds so l�sued shall be called and paid in tneii numerical
o.L der
-7-
Section 8 Upon the taki Zg effect of this ordinance, the
Commissioner of Safety and E_�.-Officio Mayor is he-Leby authoiized and
empowered to advertise for bids for the construction of said improvements
in accordance with the map , plans and specifications nefetofore adopted,
which advertisement shall not be less than ten (10) days in the official
nevispaper published in the City of Fort Collins and all bids received
under said advertisement shall be suomitted to the City Co-uhcil tof
approval or rejection, and no contract shall be awarded in excess of the
City Engineer 's estimate of the cost of said improvements After the
contract is atiarcled for the construction the City Coincil shall require
a bond for the faithful performance of the same of not less tnan the full
contract price with sufficient surety of sureties to be approved by
the Commissionef of Safety and Ex-Offic o Mayor , ana the work of con-
stiuction waen so awarded under said contract shall be under the general
control o.2 the Commissioner of Public vlotk-s and in the iremediate charge,
coat.Lol and supervision of the City Engineer , w ose decision in all
matters of dispute respecting compliance with this ordinance and the
contract made theieunde.L , and the plans and specifications shall be final
and binding upon all parties the-Leto then said contract is awarded it
shall contain a clause to tie effect t qat it is sub i ect to the provisions
of the chaiter and of the laws under v Mich the City of Fort Collins exists
and of this ordinance and the prov.Lsi ons of Ordinance No 7 19210
.,.elating +o local public improvements as amended by Qrdina.nce Do 9
1926 and that the agreed payment sail not exceed the estimate of the
City Engineer and the amount appfop.Liated and tnat upon ten (10) days
notice the work -under said contract iiithout cost or claim againstfthe
City of Fort Collis may be suspended for substantial cause and upon
com )laint of any owner of real estate to be assessed for the improvements
teat the improvements are not being constructed in accordance i itn the
cort_act tften the City Council may coisider the com-laint and make such
of der as may oe just a-id its decision shall be final [hen said contract
is awarded it shall also contain a ofovis?on as to the nanner of payment -
-8-
whether the same shall be made in bonds of the said district to be
accented by the contractor at nar , or whether payment shall be mane
to the contractor in money, all at the option of the City Council
The City Council shall rave the right to reject any and all bids
which may be made by any person or persons for the eonstluction of
said improvements and when in the judgment of the City Conncil it
shell be deemed to the best interests of the said City of Fort
Collins, the said City Council is he.Leby cuti orized and empowered to
provide for doing such work by airing parties by tube day and to
arrange for purchasing the necessary materials to do such work under
the direction supervision and control of the Commissioner of Public
Works and the City Engineer acting for said city
Section 9 Then the said public improvements in Sanitary
Serer District No 46 sh2ll have been completed and the same approved
by the City Engineer and recommended for acceptance by said officer ,
and duly accepted by the Citj Council of the City of Fort Collins
the cost thereof snall be assessed upon all the real estate in said
district as the area of each piece of seal estate in said distfict
is to the area of all the real estate in the laid district which
said assessments when made and reported by the City Engineer and
aprroved by the City Council shall be assessed against the property
in Sanitary Sewer District No 46 by an ordinance to be adopted as
provided by Ordinance No 7, 1921, as amended by Orainance Yo 9, 1926
Section 10 This ordinance shall be irrepe&lable until the
indebtedness herein provided for whenever the same shall be created,
shall have been duly paid saoisfied and discharged as herein provided
Section 11 In the opinion of the r'ity Council an emergency
exists for the preservation of the public health peace and safety and
this orain�-nce shall take effect upon its passage and publication
under and by virtue of the aut ority contained in Sections 6 and 7 of
Article IV of the City Chartei
-O-
Introduced, read at length and adopted by the unanimous vote
of all the members of the City Council this 22nd day of October,
A D 1927
Comr issiover of Saf and Ex-0 ficio mayor
ATrLST
City Clerk
STUE OF COLO tADO )
SS
CO CiTTY OF LARITvER )
I A J ROSENOVT, City Clelk of the City of Fort Collins do
hereby certifj and declare that tre foregoing ordinance consisting of
eleven (11) sections was duly proposed and reaa at ]Length at a
re,--olar meting of the City Council held on the 22nd day of October
A D 1927 and was duly adopted and ordered published in the Fort
Collins Express-Courier, a daily ne ispa-oer and the offii�-ia.lne%ispapei
of t ie City of lort Collins , by the unanimous vote of all the members
of the City Council, as an emergency ordinance in accoidance vath
the urovis ions of Sections 6 and 7 of Article I+T of the City Crarter�,
of the City of Fort Collins and thereafter and on to-tit the o2S"
day of October, 1927 said Ordinance ITo 93 as duly published in
the Fort Collins E�cpress-Courier , a daily newspaper published in the
City of tort Collins , Colorado
IN ITITNESS 111HIMOF, I have hFX nto seu my hand and
affixed the seal of said City this ,¢5 day of Oct bei A D 1927
'—'City Clerk
-10-