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HomeMy WebLinkAbout015 - 05/23/1925 - RELATING TO THE CREATION AND ORGANIZATION OF WATER MAIN DISTRICT NO. 4 (EMERGENCY ORDINANCE) t ORDINANCE. ITO. LS , 1025, &^I7G eN EgTRMNCY ORDINANCs RMATING TO THE CRrATIr1" A''-r CRGANTIZATION OF 1"=7R MI.IN DISTPICT 'TO. 4, IN T111 CITY OF FORT COLLIPS, PROVIDING MR 771 CONSTRJCTION OF TH'I I1TPROV"MT?NTS TDI7R3IN MD AtTDRIZI11M TEM ISSTTEµTCE OF PONDS TO PAY TH-, CO'7T OF CO:TTMCTION T112770F. MTEfi S, Under the authority and pursuant to the provisions of Ordinance No. 72 1921, as a:anded by Ordinance ?To. 13, 192,1, the City Council on the 28th day of MTsrch, A. D. 1925, duly paused and adopted a resolution providing for the organization of a water main district and designating the boundaries thareof and the lots and blocks th=rein, for the 1,ur.;:-,a of constructing avatar mains with laterals therefrom in a district cemposad of Blocks 8 and 11, Scott-Sherwood Addition to the City of Fort Collins, Colorado; and Wh7-prAS, On the 18th day of April, A. D. 1925, the City -riginear duly reported to the City 7ouncil map, plans, specifications and estimated cost of the construction of w a+er mains for the proposed district, and the schedule of assessments upon the lots and blocks in said water main district, and which said report estimated the total cost to be $4187.21, and described the total frontage to be assossed in sn.id water main district consisting of 1588.7 feet, and the rate of assessment par front foot of $2.63562, and the cost for a fifty foot lot frontage is $131.78; and On the 18th day of April, A. D. lV25, the City Council duly passed and adopted a resolution adopting the said report, map, plans, specifications, details and estimate of the City 7ngina^r, and autl:orizad the publication of notica to the owners of all real estate in the proposed district, and to all parsons interested generally, fixing the time of hearing when t::a City Council would consider the ordering by ordinance of the proposed improvements; ank -1- ryll zpS, Pursuant to said resolution, the City Clerk caused notice 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 23rd day of May, A. D. 1925, by the City Council at a regular muting th=r=of to be held in the Council Chamber in tba City Hall in the City of Fort "ollins, at the hour of eight o'clock A. M. of said day, for the purpose of he-ring all com;_.laints or objections that may be made in writing concerning the proposed improvements by any cwnara of real estate to be aseassad in said Water Main District ido. 4, or any persons interested, before the final action to ba taken on an ordinance creating and organlaigg said district and authorizing the improvements to be' constructed therein, and WIMIrtAS, Cc com•,laints or objections have bean made or filed concerning the proposed improvements; tharefora HE IT 'RDAI MD BY V: CITY CM7CT_L ^F T_ CITY OF corm COLLI'T: Section 1. That pursuant to the tarme and provisions of Ordinance No. 7, 1921, as amended by ordinance No. 13, 1924, being an ordinance relating to local public improvements, there be and her>by is created and organised ?water Main District No. 4, consisting of :=locks 8 and 11, Scott-Sherwood Addition to the City of Fort Collins, Colorado, and that the work of construction of said improvements in said Water Main District No. 4 consist of water mains and laterals as per map on file in the office of the City Fnginear. Section 2. That pursuant to the requirements in tla resolution of the City Council adopted on the 18th dw of April, A. D. 1925, due notice was given to the owners of property to be assessed in said Water Main District No. 4, by due and 1w.vful publication in the official newspaper of the City of Fort Collins, to-wit: the Fort Collins :.xpress-Courier, a daily newspaper of general circulation in the City of Fort Collins, for two weeks, once >ach weak, as shown by the proof of publication on file in -2- the office of the City Clerk; which said notice wee to the owners of property to be assessed in the proposed water main district, composed of Blocks 8 and 11, Scott-Sherwood Addition to the City of Fort Collins, Colorado, and to all persons interested generally, and designating the kind of unproven ent proposed, the number of installments, the time in which the cost would be payable, the rate of interest on unpaid and deferred installments, the extent of the district to be improved and assessed, together with the probable cost as shovel by the astim to of the City Engineer, and the total frontage of real --state to be assessed in Water Main District No. 4, and the cost per front foot, and to the farther effect that on the 23rd day of May, A. D. 1925, at eight o'clock A. 14. in the Council Chmnber of the City Uall in the City of Fort Collins, the City Council would consider the ordering by ordinance of the proposed improvements, and hear and determina all complaints and objections that may be -ads and filed in writing concerning said proposed improvements by the owner of any real estate to be assessed in said propcsad district, or any persons interested; and that the map, plans and specifications and estimate and all proceedings of the City Council in the premises are on file and can be seen and examined at the City Clerk' s office during business hours at any tine within said period (being not less than tarty days) by any person interested. That pursuant to said notice, on the 23rd day of Play, A. D. 1925, at the hour of eight o1cloek A. DA. the City Council proce?ded to hear any objections that might have been filed respecting said proposed water wain district, and no comrlaints or objections Laving been made or filed, the City Council proceeded to determine that it was for the best interests of the taxpayers of said Water Main District No. 4, as well as the City of Fort Collins, that the eriod of .N�t should be tan years in ton annual payments. 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 raspect thereto bafors the adoption of an ordinance -3- ordering said improvements, have been obsarvad and compliad with in all respects, and it is hereby ordered that the improvements in seid water main district, as -provided for in the map, plans and specifications heretofore adopted by the City Council and a proved in this ordinance be and are hereby ordered tot® constructed. Section 4. For the uurposs of iaaying the cost of said improvements, bonds of the City of Fort Collins are hereby authorised to be issued by the Corsrission3r of Finance and Fx-Officio City Treasurer, which said bonds shall bear date at such time as may be fixed by the Commissionar of Finance after the work of improvement has been co=anced 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 b=nds shall bear the name of Water Main District No. 4, of the City of Fort Collins, and shall be payable in tan (10) annual installments, ten per cent (1C%.) thereof payable in each and every year during said period, and shall bear interest at the rate of six per cent (61d'�) per annum, payable semi-annually, said interest to be evidenced by co-opons attached to the principal bond and attested by the fac simile signature of the City Clerk, ,Mich said bonds shall be in danomdnations of Five Hundred ($500.00) Dollars each. Each of said bonds shall be subscribad by the Cc=Assiom r of Safety and Ex.Officio Mayor and attested by the City Clerk with the corpor§.ta seal of the City and countersignad by the Cocmissioar of Finance and �:x-Gfficio City Treasurer, and registerad with the City Treasurer, and shall be delivarsd from time to time as required for the payment of the work harein provided. Said bonds shall be redeemable out of the moneys collected on account of assessments made for said improvements; al: monsys collected from said assessments or from t'ra sale cf bonds shall be credited to Water Main District P1o. 4, and the funds so collected shall only be used for the payment of tha work of co-straction of said improvements and the interest thereon. Said bonds shall be numbered from 1 to - ra Z inclusive, and shall be radeaable commencing one y3ar after date thereof, consecutively, and according to -4- number and in order of issuance. Said bonds shall only be issued and delivered by the City Traasurer on sstirrates and order of the City rngin3ar, signed and approved by the Commissbnar of Safety and L'x-Officio '?ayor, when said estimates have been duly audited and af;provad by the City Council and ordered paid. All of said bonds shall be absolutely due and payable tan (10) years from the date of issue but shall be subject to call and payment at any time prior thereto, as provided in Ordinance 10. 7, 1921, relating to local public improvements. Pursuant to the power and authority contained 1n Section 29 of Ordinance No. 7, 1921, as amended by Ordinance I-To. 13, 1924, relating to local public improvements, the payment of all the bonds issued in pursuance of this ordinance is hereby guaranteed 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: UNIT7D STA77S OF AT7RICA 9TAT7 OF COLORADO CITY OF FORT COLLINS TA77R 'TAIY DISTRICT PTO. 4. No. The City of Fort Collins, in the County of Larim3r and State of Colorado, for value received, ack ncwl3dgas itself indebted and hereby promises to pay to the bearer hereof the sin of M Dollars in lawful money of the United States, at the office of the City Treasurer of the said City, on the _ day of , 19 , subject to call and payment, however, at any time prior therato,ses provided in the amendment to Section 1 of Article 7NII of the City Charter, passed and adopted April 6, 1920, and Ordinance No. 7, 1921, relating to local public improvements, with interest thereon from date until payment at the rate of six ; er cent per anmmm ppy*ble semi-annually on the day of and the day of at the office of the City Treasurer of the City of Fort Collins, ucon presentation and surrender of the annexed coupons as they severally become due. This bond is issued for the purpose of paying the cost of the local improvement in Water ::gain District No. 4 by virtue of and in full conformity with the amendment to Section 1 of Article RTIII of the City Charter, passed and adopted April 6, 1920, and Ordinance No. 7, 1921, relating 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 Water Main District LTo. 4, especially bansfitted by said improvement, and the amount of the assessment so to be made upon the real estate in s -id district for the payment thereof, with accrued interest, is a lien upon the said real estate in the r=sp3ctive amounts to be aprorticned to said real estate, and to be as--eased by an ordinance of ,aid city, said lien having priority over all other liens, except other bonds heretofore issued by sn.id city, and the lien of general taxes, but payment of said bonds is Eaaranteed by the City of Fort Collins as rovidsd by ordinance; and it is hereby certified and r-cited that the total issue of bonds of said -5- city for said district, incl--.ding t is bond, doss not exceed the estimate of thi City Engineer, and the contract price for said improvement, nor the amount authorized by law; and it is further hereby certified and recited that every reyuirsment of law r;lating to the creation of said titer Plain District No. 4, the making of said local improvement and the issuance of this bond, has been fully complied with by the groper officers of said city, and that all conditions required to exist and all things required to be done prsesdant to and in the issuance cf this bond to r3ndar the same lawful and valid, have hap;aned, and been properl, done and �erformed,snd did exist in regular and due tire, form and man- er as required by law. In Tastimery Wh3r�of, the said City cf Fort Collin has caused this bond to be subscrib3d by its Comm3ssicner of Safety and Ex-Officio Mayor, countirsignad by its Commissioner of Finance and Ex-Cfficio City Treasurer, and attested by its City Clark under the anal of said city, and the interest coupons thereto attached to be attasted by the fac simile sMdft signature .of the City Clark, as of the day of 19 Conmisaionew of Safety and x-Officio ^Fayor. Countersigned: Comrniaoionar of Finance and Ex-Offieio City Tra"carer. (Form of coupon) PTO. r On the day of , 19 the City 6f Fort Collins will -ay to the bearer Dollars in lawful money of the United States, at the office of the City Treasurer of Fort Collins, Colorado, being six man:thst intar3st on its local improvemant bond dated 1925, issued for tin corstruetion of the local improvement knrM as Water Main District ITO. 4i provided this bond shall not have been e r3tofora raid. Attached to Bond 'To . City Clark. Section 6. The Comrrdssionsr of Finance and 3x-Offieio City Treasurer 1s hereby autherizsd and directed to have printad a sufficient number of bonds of the denomination of Five r3undred ($500.00) Dol-ars each, ntvnbared from 1 to inclusive, as is required to meat the estimated cost of said improvement as herein provided, and when said bends shall have been duly pr3pared, they shall be retained by the City Treasurer to be is-•:.ed and delivered from tins to time as hersinbefore provided. Section 7. Wlthansver the City treasurer has funds in his bands to the credit of Water air District 70. 4, including six ronths' interest on the unpaid principal, he shall by advertisement once a we:.k for three consecutive w33ks, in the official rawspapar of said City call in a suitable -a- number of said bonds 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 nctica shall specify the bonds so called by number, and all said bonds so issuad shall be callal and paid in their numerical order. Section 8. Upon the taking affect of this ordinance, the Co=issioner of Safety and 7x-Officio 'layor is hereby authorized and enr,owered to advertise for bids for th3 construction of said irrprovsmsntc in accordance with tha map, plans and specifications h3r=tefer3 adopted, which advertisement shall be for not lass than ten (10) days in the official newspaper published in the City of Fort Collins, and all bids raceivad under said advertisement shall be submitted to the City Council for approval or rejection, and no contract shall be awarded in elcess of th3 City 7ngineerls estimate of the cost of said improvement. Aft3r the contract is awarded for construction, the City Council shall rsgairs a bond fcr tha faithful performance of semid equal ount of the to therfull contract pties, with sufficient surety or sureties to be approv3d by the Commissionar of Safety and Ex-Officio Mayor, and the work of construction when so awarded under said contract shall be tender the general control of the Commissi nor of Public 7orks and in the imrediate charge, control and supervision of the City 3nginaar, W-osa dacision in all matters of dispata rsspacting conl>lianca with this ordinance, and the contract made thereundar, and the plans and specifications, shall be final and binding upon all parties thereto. Plhen said contract is awards! it shall contain a provision to the eff3at that it is subject to the provisions of the City Charter, and of the laws under vi ich the City of Fort Collins exists, and of Ordinance "o. 7, 1921, and this ordinance, and tiat the agre3d payments shall not exceed the astisats of the City 7ngina3r and the amount appropriated, and that upon tan days' notice the work under said contract, without cost or claims against the City of Fort Collins, 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, than the City Council may consider the complaint and make -7- 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 r:ads by any person or persons, firms or corporations, 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 authorized and empowered to provide for Icing such work by hiring parties 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 Fngina3r, acting for said City. Section 9. T%en said public improvement in Water Main District No. 4 shall have been eom7l3ted and my same approved by the City 7ngina3r, raco= endad for acceptance by said officer, and duly accepted by the City Council of the City of Fort Collins, the cost tharzof, shall be assessed upon all the real estate in said district as the araa of each piece of real estate in said district is to thearea of all t1.3 real estate in the said district, exclusive of public highways, which said aswas mints when made and reported by the City -ngin= ?r khd approved by the City Council, shall be assessed against the ,property in 17at3r Main District I'o. 4 by an ordinance to be adopted as provided by Ordinance Yo. 7, 1921. Section 10. For the purpose of paying for engine-,ring and other al=rical expenses and the cost of inspection, upon the approval of the City Council the Commissioner of Safety and rx=Officio Mayor is authorized to advertise for not less than tan (10) days in the official newspaper of said City, and sell as many of said bonds as may be necessary and ue the proceeds thereof for said purpose, and in accordance with the provisions of Ordinan-�a "o. 7, 1921. Section 11. This ordinance shall be irropealable until the indebtedness herein provided for, whenever the sp—me shall be created, shall have been fully paid, satisfied and discharged as herein provided. ' Section 12. In the opinion of the City Council an amargsney exists for th3 preservation of the public health, peace and safety, and this ordinare a shall take effect upon its assags and pu )lication 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 msmb3rs of the City Council this 23rd day of "clay, A. D. 1925. Commissioner of Saf t and ^x-0 oio Mayor A,-_. City C13rk. STA E OF COLORADO ) } S°,. CO=Y OF LARI\Tr ) I, A. J. ROS"�170 , City Clerk of the City of Fort Collins, do hereby certify and declare that the foregoing ordinance consisting of twelve (12) sacticre, was duly proposed and read at length at a regular misting of the City Council held on the 23rd day of Yay, A. n. 1925, and was duly adopted b7d ordered -,ublishad in the Fort Collins Express- Couri3r, a daily news-aper and the official newspaper of the City of Fort Collins, by the •:.nan'mous voti of all m3mbere of the Council, as an emergency ordinance, in accordance with the provisions of Sections 6 and of Article IV of the City Charter; and thareaft3r, on to-wit: the oZ day of , A. D. 1925, said Ordinance `�o. � was duly published i % Collins 7xpr3ss-Cour1er, a daily newspaper published in the City of Fort Collins, Colorado. IIT 71MSS 7 TT70F, I have h rsunto a at my hand and affixed the Baal of said City, this L2�L`day of "a A. D. 1925. City Clark.