HomeMy WebLinkAbout014 - 05/01/1920 - RELATING TO THE CREATION AND ORGANIZATION OF STORM SEWER DISTRICT NO. 5 (EMERGENCY ORDINANCE) ORDINANCE ]TO A 19?0
BEI TG A E,IERGENCY ORDIIIAOCE RELATING TO TFE CREATION AvD
ORGAgIZATIOIT OF STORM SEVIER DISTRICT NO 5 PROVIDI G vOR
THE CO TSTRUCTION OF THE IuIPROVKiENTS T"-EREIiT A TD I Ui9ORIZ-
I,TG THE ISSUAiTCE OF BONDS TO PAY THE COST OF mhL CONSTRUC-
TION TnEREOF
WHEREAS, Under the authority and pursuant to
the provisions of Subdivision "C" of Chapter 120 of the Re-
vised Statutes of Coloraao for 1908 the City Council on the
26th day of May 1519, duly passed and adopted a resolution
providing for the organization of Storm Sever District No 5
and also carving out of said Storm Sever District No 5 cer-
tain lots ana blocks and proviaing for the organization of
Storm Sewer Sub-District No 1 for the purpose firsT, , of
constructing branch lines in said Storm Sewer Sub-District
No 1 to be connected up and operated in connecTlon with
main trunk lines of storn sewers for said Storm Sever Dis-
trict ho 5, and presciibing in saia resolution the dimensions
and location of the storm, sewer lines to be constructed in
sairy Storm Sever Sub-District To 1 as well as the wain lines
of sewers to be constructed in said Storm Sever District To 5,
and
WHEREAS The-Leafter and on tov it the 28th of
June 1919 the City Council duly passed and adonzed Ordinance
ITo 12, 1911- being an emergency ordinance relating to the nre-
liminary organization of Storm Sewer Distirict To 5 and pro-
viaing for -che creation and organization of Storm Se Ter Sub-
District 1To 1 estaolisl-ing the ooundaries of said Sub-D.Lstrict
No 1 providing for zhe construction of storm sewers trerein
and authori2ing the issuance of interest bearing warrants to
pay the cost of the construction thereof, and
THhREAS The storm sewers as provided in said
ordinance for said Storhi Serer Sub-District Igo 1 have been
duly constructed and accepted by the City Council, and
'WHEREAS There remains to oe constructed the rLain
lines of Storm Sewer District No 5 descr.Loed in said resolu-
tion of Aaj 26 1919, and
HEREAS On the 21st day of February 1920 the
Citj Engineer duly reported to the City Council the estimated
cost of the construction of said storm sewers in Storm Sever
District No 5 and a schedule of assessments upon +he lots and
blocks in said Storm Sewer District go 5 and which said report
and estimate further described the total area to be assessed in
said Storm Sewer District 14o 5 consisting of 6 790 781 81
square feet and the rate of assessment per square foot at
$ 0192, and in addition $ 00848 per square foot upon said Storm
Sewer Sub-District bTo 1 for the -1-runk line sewers ana outlet
to the river, and
I HEREAS Pursuant to said resolution of February
21 1920 the City Clerk caused notice thereof to be published
in the official neitispaper of the City of Fort Collins for a
period as provided by law and provided in said notice that a
hearing would oe had on Aarch 29 1920 by +he City Council at
a regular adjourned meeting +hereof to be held at Vie Council
Chamber of the Citj wall in +he City of Fort Collins at the hour
of one o'clock P on said day for the purpose of hearing all
complaints or objections that may be made in writing concerning
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said proposed improveiuent by any owner or owners of real estate
to be assessed in said Storm Sewer District ITo 5 before the
final action to be taken on an ordinance creating and organizing
said district and autlorizing the improvements to be constructed
therein, therefore
BE IT ORDPI TE'D BY THE CITY COUNCIL OF TYE CITY OF FORT COLLIiiS
Section 1 That pursuant to the terms and pro-
visions of the ordinance aforesaid and under and by viitue of the
authority contained in Subdivision "C" of Chapter 120 of the Re-
vised Statutes of Colorado for 1908 concerning public imp-Love-
ments in c_ties and towns of less than one hundred thousand in-
habitants there be and hereby is created and organized Storm
Sewer District No 5 consis+ing of the following blocks Blocks
267 72 73 74 75 76 77 82 83, 8c 85 86 87 92 93 94
95 , 96 102 103 104 105 106 114 115 , 116 124 125 126
132 133, 134 135 136 141 142, 143 144 145 151 152 153
154 155 "est Half of Block 112, West Half of Block 113 East
Half of Block 122 East Half of Block 123 area in Block 146
located Nortn of a line pass3.n; from the Sou+hlvest -co the North-
east corner of the bloc.' all in the Cif j of ^ort Collins and
additions tlereto, and tha` the work of The construction of said
improvements in said S-corm Sever District No 5 consist of main
sewer line and branches as pe,. maps on file in the office of the
City Clerk, Being main lines outlet stor,n sewerefor said Storm
Sewer Dis+rict No 5 and also sub-aistric+s uh_ch may be -wade
tributary thereto, and that zhe main lines of the sa-o.Ln sewers in
said Storm Sewe.L District iTo 5 to be constructed pursuant to
this ordinance are -,s follows
_3-
r
252 ft of open diteb i.Lom Cache la Poudre Rirer 'bank
252 ft of 42" pipe from end of open di zch to porn+ inhere
a line 20 ft eas' of center line of -bedbee
Street intersects center line of Riverside
Avenue,
1198 ft of 54" pipe on a line 20 ft east of center line of
Thedbee from center line of Riverside to
center line of idagnoli.a,
985 ft of 48" pipe on The sane line from center line of
,Aagnolia to a point lb fz north of center
line of Ayrzle,
500 ft of 21" pipe fro,n point 20 ft east of center line
of i'hedbee to a -ooint 20 it eas6 of center
line of Peterson on a line 20 ft soutr of
center line of Oak S-ieet ,
6P0 f-c of 15" pipe on same line from point 20 ft east of
censer line of Peterson to cen' er line of
iatheas,
400 ft of 10" pipe on same line from center line of - athews
to center line of Remington,
520 ft of 18" pipe from point 20 ft east of center line of
Whedbee to center line of Peterson on center
line of Olive,
600 fT of 15" pipe frog center line of Peterson to center
line of Lathews on center line of Olive,
400 ft of 10" pipe from center line of ua-uhews to center
line of Remington on center line of Olive,
520 ft of 15" nirbe from point 20 ft east of center line
of TJhedoee to center line of Peterson on
centier line of 4ag11olia,
600 ft of 1?" pipe iron censer line of Peterson to center
line of . a-news on center line of uagnolia,
1520 ft of 48" pipe froT point 20 ft east of center line
of jhelbee to cente_ line of Remington on a
line 13 ft north of center line of -,yr+le,
485 ft of 12" pipe fro.n center line of ,ulberrI to point
15 ft north of cen+er line of 4yr-cle on
center line-of Remington,
390 ft of 42" ripe fro,r center line of Remington to point
30 ft east of center line of College avenue
on line 15 it nortih of center line of _ y.Ltle,
550 ft of 27" ni-oe on sane lane f.Lom -ooint 30 ft east of
center line of College Avenue to center line
of liason,
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500 ft of 24" pine on same line from center line of Cason
Street -Go center line of Howes Street,
500 fz of 21" pipe on same line from center line of No-es
Street to center line of Seldrum Street,
500 fz of 18" pipe on same line from center line of eldrum
Street to center line of Sherwood,
485 fz of 42" pipe from point 15 ft north of center line
of iy.Lzle to cancer line of Aulbecly on a
line 30 ft east of center line of College
4venue,
1050 ft of 45" pipe from point 30 fz east of center line
of College to a point 20 ft east of center
line of howes Street on center line of -Aulberry,
500 fz of 15" pipe fromu center line of Mulberry to center
line of iagnolia on a lint-. 20 f' zest of
center line of ilason Street,
480 ft of 42" pine from center line of Aulbe.Lry to point
20 ft south of center line of Lagnolia on
a line 20 ft east o-� center line of ziowes,
520 ft of 1211 pipe on same line from point 20 it south of
cen,-er line of aagnolia to center line of Olive,
540 fz of 36" pipe from point 20 ft east of center line of
Fo%ves Street to point 20 ft west of center
line of Leldrum on a line 20 ft souti- of
cen-er line of iiagnolia,
480 ft of 30" pipe on same line from point 20 it test of
center line of ieldrun to ce-i' er line of
Sherwood,
500 fz of 15" pipe on sane line from center line of Sherwood
Street to center line of writcornb,
480 fz of 15" pipe from centier line of Tulberrj Street to a
point 20 ft soutn of center line of Aagnolia
on a line 20 ft west of center line of _ el-
drurr Streez,
520 ft of 18" pipe on same line =roi point 20 ft south of
center line of agnolia to censer line of Olive,
480 ft of 15" pipe from cente-L line of lulberry Street to
poi-i - 20 ft south of center line of Ltagnolia
Street on center line of She, wood Street,
520 ft of 18" nire on sane line iron point 20 fz south of
center lin of sagnolia Street to center line
of Olive Street,
500 ft of 18" pipe from a point 20 ft south of center line
of Oak to point 40 fz sou--n of center line of
i ouni,ain Avenue on a line 23 f t east of cen' er
line of Peterson St.Leet ,
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t e said pipe lines to consist of vitrified clay pipe concrete
and blocks , with manholes ani catch basins as providea in the
plans and specifications of saia proposed story severs to oe
constructed in said Stoi n Sefver District i10 5 as prepared re-
ported and filed oy the City Engineer and which have here+ofore
been adopted by the City Council, and vlich are hereby adopted
as the map plans and specifications for the construction of
said main line storm servers in said District Iuo 5
Sec+ion 2 That pursuant to the requirements
os 'he resolution of the City Council adopted on the 21st aay
of February 1920 due notice ras given to the ovners of property
-Go be assessed in said Storm Sewer District o 5 by due and
lawful publioation in the Fort Collins Express a daily neas-
paper of general circulation in tre City of Fo.Lz Collins, for
a period of zwenzy (20) days as shoA n by the proof of publica-
tion on file in tl-e office of the City Clerk which said novice
vas to the ovners of the property to be assessed in said Storm
Sever District No 5 ana designazea the kind of improvewents
-oroposea the number of ins'-aliments ana t'�e tint in which the
cost would be payable the rate of interest on unpaid and defer-
red inszallmpnts the extent of The district improved, together
with the probable cost per square foot as sbotn by tree estimate
of the City Engineer, that the total area of real estate to be
assessed in said Storm Seiei District No 5 was 6 790 781 81
square feeti and at the rate of �q' 0192 per square foot and 1-1
adiition $ 00848 per square foot on Storm Sewer Sub-District
rTo 1, ana to the further effect tha* on tre 29th aay of larch,
1920 at one o ' clock P in the council cha.noei in the City
Hall in tune City of Fora Collins tre C3.ty Council would 'hear
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and consider all complaints and objections that might be
made and filed in writing concering the proposed improvement
by the ofner of any real estate zo be assessed That in pur-
suance of said notice the City Council aid sit to hear com-
plaints at said meeting held on the 29th day of iaich 1920
0 and that c�. tl t C
1 � AJ rk e4f7f
and at said aring Zhe Cizy C<Ohcil f id and d6terminea
that it was fo.L the best interests of the taxpayers in said
Storm Sewer District No 5 as yell as the City of Fort Col-
lins that ' he period of parme t shou d be extended to
twenty (20) years in twent a\(20) annual payments
Section 5 The City Council further finds
that all the requirements of the syatutea respecting the
resolutions and notices required by law +o by given in res-
pect thereto before the adoption of an ordinance ordering
said improvement have been observed and cowplied rith in all
respects, and it is hereby oraered traz vne improvements in
Storm Sewer District Ito 5 as proviaed for in the map iDlans
and specifications heretofore ado-oted by the City Council and
approved in this ordinance be and are hereby ordejed 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 01ficio Treasurer of the Ciuy of Fort Collins which
said bonds shall bear date at such time as may bs fixed by
the City Treasurer after the iiork of improvement has been
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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 Storm Sewer Dis-
trict No 5 of the City of Fort Collins and shall be pay-
able in twenty (20) anpual installments five per cent
(5o) thereof payable in each and every year auiing said
perioa, ana shall bear interest at -Ghe rate of five and
one-'half per cent (5%) per annum payable semi-arrua-Lly
said interest to be eviaencea by coupons attached to the
principal bond and attested by the fac simile signature
of the City Clerk, which said bongs shall be in denomina-
tions of Five Hundred Dollars (�500 oo) eacr Eacr of
said bons shall be subscribed by the Commissioner of
Safety and Ex Officio .Iayor and attested by the City
Clerk 71'1a tie corporatie seal of the Ciuy and registered
with the City Treasurer ana shall b - deliverea from time
to time as required for the payment of the work 'herein pro-
viaed Said bonas shall be redeemable out of the moneys
collect d on account of assess ents made for saia improve-
ments, all moneys collected from said assessments or from
the sale of bonas for saia imp.Lovements shall oe credited
co Storm Seerer Distirict To 5 and the funs so collectea
shall only oe used for the payment of the work of construc-
tion of saia iiiprovement ana the interest therein Said
bonas shall be nuribered fl oin 1 to .0 -3-7 inclusive ana shall
be redeemable coneecutiively according to number and in the
order of issuance Said bonds shall only be issued ana
delivered by zhe City Treasurer on estimates ana o,.der of the
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City Engineer signed and approved by the Colnmission--.L of
Saf ery and Ex Officio Payor when said estimates have been
duly audited an�L approved by the City Council and ordered
paid All of said bonds shall be absolutely due and pay-
able twenty (20) years after the date of issue but shall
be subject to call and paynert at any time prior tirereto
as provided in Subdivision "C" of Chapter 120 of the Pe-
vised Statutes of Colorado for 10-08 relating to public
iiiiprovements in cities and towns of less than one hunared
thousand inhaoitants Pursuant to -she power and authoriuy
contained in Section 5398 of said Revised Statutes of 1908
the payment of all the bonds issued in virtue of this ordi-
nance is hereby guaranteed by the City of Fort Collins
Section 5 Said uonds and the coupons
attached thereto shall be in substantially the follovirg
form
UNITED STATES OF h-IERICA
STATE OF COLORADO
CITY OF FORT COLLINS
STORY SECER DISTRICT NO 5
do
The City of Fort Collins , it the County of
Larimer and State of Colorado, for value received acknow-
ledges itself indebted and hereby promises to pay co the
bearer hereof +he sui of Dollars in lawful money of
the United States at the office of the City Treasurer of
said City on the day of 19 suoject
to call and payment hoTever at any time prier thereto
as piovioed in tihe Act of the General Assemblj hereinafter
mentioned wit interest thereon f.Lom date until payment
at the rate of five ana one-half per centum per annur pay-
able semi-annually on the day of ana the
day of at the office of zhe City Treasurer
of the City of Fort Collins upon presentation and su.Lrender
of the annexed coupons as they severally oecome due
a
This bond is issued for the purpose of
haying the cost of the local improvement in Storm Sewer
District No 5 by virtue of and in full conformity with
an Act of the General Assembly of the State of Colorado
entitled, "An Pot to Proviae for the Construction of Local
Improvements in Cities of a_l Classes , having a Populazion
of less than One Hundred Thousand and Incorporated Towns,
the Issuance of Local Impiovement Bonds therefor and the
Assessment and Pajr.�ent of the Cost of said Irrorovements "
anproved April 8 1899 said Act oein; the same as Sub-
aivision "C" of Chapter 120 of the 'qevisea Statutes of
1908 of the State of Colorado concerning puolic improve-
ments ana an orainance of said city dull adopted and appro-
ied puolisned and made a law of said city prior to the
issue nereof This bona is payaole out of the picceeds
and special assessments to be levied upon the real property
siuuate in the City of Fort Collins in said Storm Sewer Dis-
trict To 5 especially benefitea by said improvements and
the amount ox the assessment so to be made upon the real
estate in saiq District for the payment tbereoi wizT
accrued interest is a lien upon the said real estate in the
respective ariounts to be apnortionea to said real estate,
and to be assessed oy an ordinance of said city szia lien
having priority over all other liens excep4- otner bonds
heretofore issued by said city ana the lien of general taxes
but payment of said bonds is gueranteed by the City of Fort
Collins as proviaed by law and the ordinance autl-orizing
the issue rereof, and it is hereby certified ana recited
that the total issue of bonds of said city for said dis-
rzct , including this bond does not exceed the esuimate oz
the Cizy hn,51neer and tle contract price for said improve-
ment nor the dm ount au O orized by lav, and it is fuither
bereoy certified and recited that every requirement of lav
relating to tre creation of said Storm Sewer District ho
5 , the making oT said local improvement and the issuance
of this bond has peen fully coi,plied with oy the proper
ofiicers of Baia citj and that all conditions requirea to
exist ana all uhiaos required to be done precedent to ani
in the issuance of this bond to render +he sane lawful and
valid have rappened and beer properly done and performea,
and did exist in Legular ana due time form and manner as
required by laly
In Testimony jvhereof , tl-e said Ci-y of Fort
Collins has caused this bona to be subscribed by its Comr.is-
sioner of Safety ana Ex Officio iiayor attested by its City
Clerk under the seal of said city and the interest coupons
thereto a'tached to be attested by the fac simile signature
of the City Clerk ,as of ,he day of 19
Commissioner of Sa ety and
ATTEST Ex Ofricio Ryor
City Clerk
(Form of Coupon)
Y o tiP
On the day of 19 the City
of Fort Collins rill ay to the bearer DDollar in
lavful money o1 the United States at t f {-he �ity
Treasurer of Foit Collins Colorado being six months ' in-
terest on 1+s local improvement bona dated 1,d20
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issued for the construction of the local improvement knorn
as Storm Sewer District ido 5, provided this bon,% shall not
have been heretofore pain
Attached to Bond To
City Clerk
Section 6 The Commissioner of Firance and Ex
Cificio Treasurer is hereof authorized ana directed to have
printed a sufficient number of bonds of the denomination of
Five hundred Dollars ( ?500 oo) each numbered from 1 to .237
inclusive , as is requirea to meet the estimated cost of said
improvement as herein provided and when said bonds shall
nave been duly prepared they shall be retained by the City
Treasurer to be issued ana aelivered from time +o time as
hereinbef ore proviaed
Section 7 Wnenever consiaered prudent by
the City Treasurer he is hereby authorizea and empo�ered,
14henever funas may be in his hands to the credit of Storm
Se,Aer District No 5 including six months' interest on the
unpaid principal to adveztise tno insertions a week apart
in the official newspaper of said City ara call in a suit-
able number of bonds of said district for payment and at
the expiration of thirty (30) days from the f_rst publica-
tion interest on said bongs so called shall cease The
notice shall specify th6 ponds so called by number &nd all
said bonds so issued shall oe called ana paid in their
numerical order
Section 8 Upon the taking effect of Iris
ordinance the Commissioner of Safety and Ex Ofiic.Lo Iayor
is rereoy authorized and enuoverea to advertise for bids for
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r
the construction of said improvement in accordance with the
map plans ana specifications heretofore aaopted 7hich ad-
vertisement shall not be less than ten (10) days in the daily
official nerspapef published in the City of Port Collins and
all bids received under said advertisemen* shall be submitted
to the City Council for approval or rejection and no contract
shall be ar;afded in excess of tI-e City Engineer ' s estimate of
the cost of saia improvement After the contract is awarded
for construction the City Council shall ceouice a bond for
the fai' hful performance of the same of not less than twenty-
five per cent of the contract pfice with sufficient surety
or sureties to be approved by the Commissioner of Safety and
Ex Offzcio Ta,yor and tl-ie work of construction Vihen so awara-
ed under said contract shall be under the general control of
the Commissioner of Public Forks and �n the ir.-itdiate charge ,
control and supervision of the City Engineer , "hose decision
in all matters of ais-oute f esnecting compliance rith this or-
dinance and +he contract made t')ereunder and the plans and
specifications , shall be final and binding upon all parties
thereto Then saia contract is awarded it shall conLain a
clause to the effect that it is subject to the previsions of
the charter and of the lays under which the City of Fort
Collins exists and of this ofoinance ana that he agreed pay-
ments shall not exceed the estima"e of trze City E'nginner ana
the amount axnropriated end thau upon ten days' notice the
work under said contract vithout cost or claim against the
City of Fo.Lt Collins nay be suspene.ed for subst,.ntial cause
and upon complaint of any owner of re,.l esvaoe to be assessed
for the inpfove-nent that the improvement is not being construc-
ted in accordance Rith the contract then the Cl-I 3oancil may
conside.L the complaint and make such order as iay oe just and
their decis.Lpn slall be final the Ciuy Council shall nave
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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 judgrent 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 pasties by the day and to arrange
for purchasing the necessary materials to do such work under
the direction, supervision and control of the Commissioner of
Works and the City Engineer, acting for said City
Section 9 When said public improvement in
Storm Sewer District No 5 shall have been completed and the
same approved by the City Engineer, recommended 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 reported by the City Engineer and
approved oy zhe City Council, shall be assessed against the pro-
perty in Storm Sewer District No 5, by an ordinance to be adopted
as provided by law
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 Mayor 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
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proceeds thereof for said purpose, and in accordance with the
provisions of Section 5393 of said Revised Statutes of 1908 of
the State of Colorado
Section 11 This ordinance shall be irrepealable
until the indebtedness herein provided for , whenever the same
shall be created, shall have been fully paid, satisfied and dis-
charged 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 un-
animous vote of all the members of the City Council this 1st day
of May, 1920
ATTEST ommiss o er of ety and
Ex Officio Mayor
t y er
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 let day of May 1920, and was duly adoptied and ordered pub-
lished in the Fort Collins Express 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 "day
IV of the City Charter, and thereafter , on towit the " day of
�_
Dray, 1920, said Ordinance No was duly published i the Fort
Collins Express, a daily newspaper published in the City of Fort
Collins, Colorado
ITT WITTTESS WHEREOF, I have hereunto set my band
and affixed the seal of said City tbis� day of May, A D 1920
City Clerk