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HomeMy WebLinkAbout022 - 07/20/1925 - RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT NO. 43 (EMERGENCY ORDINANCE) 4 ORDIT�'ANC; "TO. �, 1925, BEING AN MFTT^NCY ORDINANCE MATING TO THE CM-ATION AND ORGANIZATION OF SANITARY ST"TR DISTRICT M. 43,PR09IDING FOR THE CONSTRUCTION OF TIT UYROTRWE TS TFMPTIN AND AUTFTORIZIT€G TRT ISS"ANCE OF BONDS TO PAY TIM COST OF CONSTRUCTION TIFT701 . AREAS, Under the authority and gcrsuant to the provisions of Ordinance No. 7, 1921, the City Council on the 23rd day of May, A. D. 1925, 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 com=-osed of all the property in Block 18 in the City of Fort Collins, Colorado; and N 'AS, On the 30th day of May, A. D. 1925, the City Ynginser 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 raport and 3stimate furthar described the total area to be assessed in said sanitary sever district, consisting of 9182fi.29 square fast, and the rate of assessment per square foot of $0.02308489, and the cost for a lot 140 feet by 50 feat is $161.59 and the cost for a lot 150 feat by 25 feit is $86.57; and 4, REAS, Pursuant to resolution, the City Clerk caused notice thereof to be pablished 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 llth day of July, A. D. 1925, by the City � Council at s regular m...,,ting 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. M., of said day, for th3 purpose of hearing all complaints or objections that may be made in writing by any ovner or owners of real estate to be assessed in said Sanitary Sewer District No. 43, bafor3 the final action to be taken on. an ordinance creating and organizing said district, and authorizing the improvements to be ccnstructad therein; and -1- WHEREAS, No complaints in writing concerning the proposed improvement have hsen filed with the City Clark; therefore BE IT ORDAIN_D BY THE CITY COUNCIL OF TRT 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. 43, consisting ` of all the property in Block 18 in the City of Fort Collins; and that the work of construction of said improvements in said Sanitary Sewar District No. 43 consist of a main sewer lin. and branches as per map on file in the office of the City 'Engineer. Section 2. That pursuant to the regairsments 6f the resolution of the '1ty Council adopted on the first day of June, A. D. 1925, due notice was given to the owner= of property to be assessed in Sanitary Se;7-,r District INTO. 43, by due and lawful publication in the Fort Collins Exprass-Courier, a daily newspaper of 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 notice was to the owners of property to be assessed in the proposed sanitary se^7er district, hersinabcva described, the number of installments, the time in which the cost would be payable, the rats 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 Sever District No. 43, and the total cost for a lot 140 feet by 50 fast, and the total cost for a lot 150 fe?t by 25 feet, and to the further effect that on the llth day of July, A. D. 1925, at the hour of eight of cloak in the forenoon, in the Council Chamber of the City Hall in the City of Fort Collins, the City Council would hear and consider all complaints and objections that may be made and filed in writing, concerning said proposed improvement by the owner of any real estate to be assessed in said proposed district, and all persons interested generally. That the map, plans and specifications and estimate and all proceedings of the City Council in the pr-mises are on file and can be seen and examined at the City Clerk's office during business _yam hours at any time within said period of thirty (30) flays by any parson intsrestcd. That' pursuant to said notice, on the llth day of July, A. D. 1925, at the hour of eight o'clock in the forenoon, the City Council proceeded to hear any objections that might have been ale and filed respecting *aid proposed sanitary sewer district, and no objections having been filed, the City Council proceeded to determine it was for the beet interests of the taxpayers in said Sanitary Sewer District No. 43, as well as the City of Fort Collins, that Sanitary Sewer District No. 43 in the City of Fort Collins be created, and providing for the construction of the improvements therein and aut�rcrizing the issuance of bonds to pay the cost of the construction thereof. Section 3. The City Council furthir finds that all the requirements of the ordinance respecting the resolutions and notices required by the same to be given in respect thereto before the adoption of an ordinance ord=ring said improvements, have been observed and complisd with in all raspacts, and it is hereby ord=red that the improvements in said Sanitary Sew r District No. 43, as provided for in the Tnap, 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 ate hereby aut1:orized to be issued by the Commissioner of Finance and Ex-officio City Treasurer, which said bonds shall bear date at such time as may be fixed by the City Treasurer after the work of improvement has bran commenadd 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 Sanitary Saw3r District No. 43, of the City of Fort Collins, and shall be payable in ten (10) annual in stallments, tan per cent (10%) thereof payable in each and every year during said period, and shall bear interest at the rate of six per cent (6%) per annam, payable semi-annually, a-id interest to be evidenced by coupons attached to the principal bond and attested by the fee simile signature of the City Clerk, which said bonds shall be in denominations of Ftoe Hundred Dollars ($500.00) each. Each of said bonds shall be subscribed -3- by the Commissio:-:sr of Safety and Tx-Officio Mayor and attested by the City Clerk with the corporate seal of the City and countersigned by the Commissioner of Finance and Cx-Officic City Treasur2r, and r2gistersd with the City Treasurer, and shall be dslivarad from time to time as required for the payment of the work herein provide!. Said bonds shall be r--dasmable out of the moneys collected on account of ass3ssments made for said improvements; all mon3ys collected from said assessments or from the sale of bonds shall be credited to Sanitary Sewar Dictrict No. 43, and the funds so collected shall only be used for the payment of the work of construction of said improvements and the interest thlr>on. Said bonds shall be numbered one to 5 inclusive, and shall be redeemable, commencing one year after date thereof, consecutively and according to number and in order of issuance. Said bonds shall only be issued and deliv=.red by the City Treasurer on estimates and order of the City 7ngine3r, signed and s_^roved by the Cor.=issioner of Safety and Ex-Officio Mayor, mb9n said estimates have bean 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 orovided in Ordinance No. 7, 1921, relating to local public improvements. ?arsuaAt to the authority and power contained in Section 29 of Ordinance No. 70 1921„ relating to local public improvements, the payment of all the bonds issued in pursuance of this ordinance are hereby gnarantead by the City of Fort Collins. Said bonds shall be received at par in payment of said improvements. ' Section S. Said bonds and the coupons attached thereto shall be in substantially the following form: UNITED STATES OF AflT?RICA !TA^_^ OF COLORADO CITY OF YORT COLLINS SANITARY SrV'-TR DISTRICT N0. 43. No. The City of Fort Collins, in the County of Larimer and State of Colorado, for value r-ceived, acknorleigss itself indebted and hereby promises to pay to the beavew hereof the a= of Dollars in lawful money of the United States, at the office of the City Treasurer of said City, on the day of , 19_, subject to call and day-ant, however, at any time prior thereto, as provided in the amendment to Section 1 of Article %PII of the City Charter, pas^ed and adopted April 5, 1990, and Ordinance No. 7, 1921, r lating to local pudic -provemants, with intar ,st thereon from data until payment at the rate of six per cant per anrum payable semi-annually on the day of and the day of , -4- at the office of the City Treasuater of the City of Fort Collins, upon presentation and surrender of the annexed coupons as they severally b>coms 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 conformity with the amendment to Section 1 of Article XgII of the City Charter, passed and adopted April 6, 19200 and ordinance No. 7, 1921, r1lating to local public k provements. 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. 43, especially bensfitted by said improvement, and the smount of the assessment o to be made upon the real estate in said district for the payment th-ireof, with accrued interest, is a lien upon the said rsal 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 pliority 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 by the City of Fort Collins as provided by. ordinanee; and it is hereby certified and recited that the total issue of bonds of said city for said district, including t=iia bond, does not exceed the estimate of the City Ehginasr, ant the contract pries for said improvement, 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. 43, the :raking 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 larRul and valid, have happened, and been properly done and rerforned, and did exist in ragalar and due time, form and mannar as required by law. In Testimony Whsrsof, the said City of Fort Collins has caused this bond to be subscribed by its Commissioner of Safety and Ex-Officio Mayor, counter- signed by itd Commissioner of Safety and Ex,-Offiaio City Treasurer, and attested by its City Clerk under the seal of said City, and the interest coupons thereto attached, to be attested by the fac simile signature of the City Clerk as of the day of 19 Commissioner of Safety and Ex-Officio Mayor CO=,71SIGNfs'D: ATT3ST: Commissioner of Finance and Ex?offielo City Trersurer. City Clerk. (Form of Coupon) No. $ On the day of , 19, the City of Fort Collins will pey to the bs-rer Dollars in lawful coney of the United States, at the office of the City Treasurer of Tort Collins, Colorad, being si : months' interest on its local improvement bond dated , 1925, issued for the construction of local improvement known as Sanitary Sswir District No. 43, provided this bond shall not We been heretofore paid. Attached to Bond No. City Clark. Section 6. The Commissioner of Finance and Ex-Officio City Treasurer is hereby authorized and directed to have printed a sufficient number of bonds cf the denomination of Five Hundred ($500.00) Dollars each, numbered from one to 5 I ite, as 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 hareinbefore provided. Section 7. Wharavar the City Treasurer has funds in his hands to the credit of Sanit-ry Sewer District STo. 43, including six months' interest on the unpaid principal, he shall by advertisement once a weak for three consecutive make, in the official newspaper of said city call in a suitable number of said bpnde of said district for payment, and at the expiration of thirty (30) days from the first publication of such notice, interest on the bonds so called shall cease. The notice shall specify the bonds so called by numb:.r, and all said bonds so issued shall be called and paid in their numerical order. Section S. Upon the taking effect of this ordinance, the Commissioner of Safety and Ex-Officio Mayor is hereby authorized and empowered to advertise for bids for the construction of said improvements in accordance with the map, plans and specifications her3tofore adopted, which advertisement shall be for not less than ten (10) days in the official newspaper published in the City of Fort Collins, and all bids r-iesiv3d under said advertisement shall be submitted to the City Council for approval or re,js ction, and no contract shall be awarded in sxces^ of the City ^nginser's 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 same equal to the amount of the full contract price, with sufficient surety or sur-,tins to be approved by the Comr,issioner of Safety and Ex Officio Mayor, and the work of construction when so awarded under said contract shall be under the general control of the Commissioner of Public works and in the irvaliate charge, control and sups-vision of the City Enginser, whose decision in all matters of dispute respecting compliance wdth this ordinance, and the contract made thereunder, and the plans and specifications, shall be final and binding upon all parties thereto. ften said contract is awarded it shall contain a provision to the effect 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 No. 73 192Z, and this ordinance, and thr.t the agreed payment shalk not exceed the astimate of the City Engineer and the amount appropriated, and that upon ten days' notice the -6- work under said contract, without cost or claim against the City of Fort Collins, may be suspended for substantial case and upon complaint of any owner of real estate to be assesssd for the improvement that the im.rcvemsnt is not being constricted 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 hava the right to reject any and all bids which may be made by any parson or parsons, firms or corporations, for the construction of said improvements, and when in the judgnent of the City Council it shall be deemed to the best interests of said City of Fort Collins, the said City Council is 1> reby authorized and empowered to _.rovids for doing such work by hiring parties by the day and to arrange for purchasing the ne pessary materials to do such work under the dir?ction, v,,pervision and control of the Commissioner of 'Forks and the City ^ngirasr, acting for said City; Section 9. VIiLn said public improvement in Sanitary Sewer District No. 43 shall ke ve been completed and the same approved by the City Fnginaer, recom-ended forraeoeptance 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 astate 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 said district, exclusive of public highways, which said ass>ssments when made and reported by the City Engineer and sq:proved by the City Council, shall be assessed against the property in Sanitary Sewer District No. 43, by an ordinance to be adopted as provided by Ordinance ITo. 7, 1921. Section 10. For the purpose of paying for engineering and other clerical expenses and the cost of inspection, upon the approval of the City Council the Commissicner of Safety and Ex-Officio '.!ayor is anthorized to advirtise for not less than ten (10) days in the official newspaper of said City, and sell as many of said bonds as may be necessary and use the proceeds thereof for said purpose, and in accordance with the prcvisicns of Ordinance Vo. 70 1921. Section 11. This ordinance shall be irrepealable until the indebtedness herein provided for, whenever the same shall ba crested, shall have been fully paid, satisfied and discharged as h=rein rovided. -7- Section, 12. In the opinion of the City Council an smargancy exists for the preservation of the public health, peaca and safety, and this ordinance shall take affect upon its passage and publication under and by virtue of the authority contained in Sections 6 and 7 of Article IV of the City Chart=r. Introduced, read at length and adopted by the unanimous vote of all the cambers of the City Council t,is .2 a day of July, A. D. 1925. Cor..--issicrar of S y and F,x ficio 7ayor. ATTL'^T: City Clerk. STATE OF COLORADO ) COUNTY OF LARIivi ) I, A. J. ROSENOW, City Clerk of the City of Fort Colins, do hereby c=rtify and declare thl.t the for-going ordinance, cons13ti of twelve (12) suctions vas duly propose and read at length at a rigular mee rg of the City Council held or. the _'Z 'day of July, A. D. 1925, and was duly adopted and ordered pu lislad in the Fort Collins Exprss--Couri-r, a daily newspaper and the official newspaper of t1a City of Fort Collins, by the unanimous vote of all members of the Council, as an emergency ordinance, in accordance with the provisions of Secti _ns 6 and 7 of Article IV of the City Charter, and thereartar onto-wit: the L22_' Say of Q.8. /yZS said Ordinance No. z i was duly published in tie or Collins 3xpress-Courier, a daily newspaper published in the City of Fort Collins, Colorado. IN P, MMSS 7",777t'�F, I have brounto s=t my hand and affixed the seal of said City this .2z day of elk A. D. 1925. City Clark.