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HomeMy WebLinkAbout022 - 10/01/1921 - RELATING TO THE CREATION AND ORGANIZATION OF STORM SEWER DISTRICT NO. 35 (EMERGENCY ORDINANCE) ORDINANCE NO 1921, BEING AN EMERGENCY ORDINANCE RELATING TO THE CREATION AND OR- GANIZATION OF SANITARY SEWER DISTRICT NO 35, PROVIDING FOR THE CONSTRUCTION OF THE IMPROVEMENTS THEREIN AND AUTHORIZING THE ISSUANCE OF BONDS TO P4Y THE COST OF THE CONSTRUCTION THEREOF WHEREAS, Under the authority and pursuant to the provisions of Ordinance No 7, 1921, the City Council, on the 6th day of August , 1921, 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 oofmmosed of Blocks 1 and 2, Swett 's Addition and Blocks 1 and 2, Van Slyke-Setzler Addition to the City of Fort Collins, and WHEREAS, On the 27th day of August , 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 449,426 12 square feet , and the rate of assessment per square foot of $ 0119, and the cost for a lot 50 x 150 feet of $89 259 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 1st day of October , A D 1921, 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 a o' clock P M on said day, for the purpose of hearing all com- plaints or, objections 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 35, before the final action to be taken on an ordinance creating and organizing 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 hereoy is created and organized Sanitary Sewer District No 35, consisting of Blocks 1 and 2, Swett ' s Addition, and Blocks 1 and 2, Van Slyke. Setzler Addition to the City of Fort Collins, and that the work of construction of said improvements in said Sanitary Sewer Dis- trict No 35 consist of a main sewer line and branches as per map on file in the office of the City Engineer Section 2 That pursuant to the requirements in the resolution of the City Council adopted on the 27th day of August , 1921, due notice was given to the owners of property to be assessed in said Sanitary Sewer District No 35, by due and lawful publication in the Fort Collins Courier , a daily news- paper of general circulation in 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 pro- posed sanitary sewer district , composed of Blocks 1 and 2, Swett ' s Addition and Blocks 1 and 29 Van Slyke_Setzler Addition to the -2- JW City of Fort Collins, and designating the kind of improvement proposed, the number of installments, the time in which the cost would be payable, the rate of interest on unpaid and de- ferred installments , the extent of the district to be improved, together with the probable cost per square foot as sho-un by the estimate of the City Engineer , and the total area of real estate to be assessed in said Sanitary Sewer District No 35, and the cost per square foot , and to the further effect that on the let day of October, 1921, at one o'clock P M , in Vie Council Chamber of the City Hall in the City of Fort Collins, the City Council would hear and determine all coianlaints and objections that may be made and filed in writing, concerning said proposed improve- ment by the owner of any real estate to be assessed in said pro- posed aistrict That the map, plans and specifications and estimate and all proceedings of the City Council in the pre- mises 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 notice, on the let day of October, 1921s at the hour of one o'clock P I , 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 interests of the taxpayers of said Sanitary Sewer District No 35, as well as the City of Fort Collins, that the period of payment should be ten years in ten annual payments 3- Section 3 The City Council further finds that all requirements of the ordinance resr)eeting 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 heretiofore adopted by the City Council and approved in this ordinancebe aid are hereby ordered to be con- structed 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 Offieio City Treasurer which said bonds shall bear gate at such time as may be fixed by the Commissioner of Finance after the work of improvement has been commenced 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 Sanitary Sewer District No 35, of the City of Fort Collins, and shall be payable in ten (10) annual installments , ten per cent (10�) thereof payable in each and every year dur- ing said period, and shall bear interest at the rate of six per cent (6°Jo) per annum, payable semi-annually said interest to be evidenced by coupons attached to the principal bond and attest- ed by the iac simile signature of the City Clerk, which saia bonds shall be in denominations of Five Hundred Dollars ($500 oo) each Each of said bonds shall be subscribed by the Commissioner -4- of Safety and Ex Officio Mayor 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 assess- ments or from the sale of bonds shall be credited to Sanitary Sewer District No 35 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 according 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, sign- ed and approved by the Commissioner 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 absolu- tely 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 Ordinance No 7, 1921s relating to local public improvements Pursuant to the power and authority contained in Section 29 of Ordinance No 7, 1921 , relating to local public im- provements, 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 attached thereto shall be in substantially the following form -5- UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLINS SANITARY SEWER DISTRICT NO 35 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 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 payment , however , at any time prior thereto, 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, 1921, relating to local pub- lic improvements, with interest thereon from date until pay- rient at the rate of six per oentum per annum, payable semi- annually, on the day of and the day of , at the office of the City Treasurer of the City of Fort Collins upon presentation and surrender of the annexed cou-oons as they severally become due This bond is issued for the purpose of paying the cost of the local improvement in Sanitary Seder District No 35 , by virtue of and in full conformity with the amendment to Section 1 of Article XVII of the City Charter , passed and adopted April 4 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 Sanitary Sewer District No 35, especially benefitted by said improve- ments, 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 to 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 pay- ment of said bonds is guaranteed by the City of Fort Collins as providea by ordinance, and it is hereby certified and re- cited that the total issue of bonds of said city for said dis- trict , including this bond, does not exceed the estimate of the 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 requirement of law relating to the creation of said Sanitary Sewer District No 35 , the making 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 lawful and valid, have happened, and been properly done and perf ormed, and did exist in regular and due time , form and manner as required by law -6- In Testimony Whereof, the said City of Fort Collins has caused this bond to be subscribed by its Commis- sioner of Safety and Ex Officio Mayor , attested by its City Clerk under the seal of said city, and the interest coupons thereto attached, to be attested by the iac simile signature of the City Clerk, as of the day of , 19 Commissioner of Safety and Ex Officio Mayor ATTEST Cily Clerk (Form of Coupon) No On the day of , 19 , the City of Fort Collins will pay to the bearer Dollars in lawful money of the United States, at the office of the City Treasurer of Fort Collins, Colorado, being six months' interest on its local improvement bond dated , 1921, issued for the construction of the lo_ cal improvement known as Sanitary Sewer District No 35, pro- vided this bond shall not have been heretofore paid Attached to Bond 0o City Clerk Section 6 The Commissioner of Finance and Ex Officio City Treasurer is hereby authorized and directed to have printed a sufficient number of bonds of the denomination of Five Hundred Dollars ($500 oo) , each, numbered from 1 to inclusive, as is required to meet the estimates cost of said improvement as herein provided, and when said bonas shall have been duly prepared, they shall be retained by the City Treasurer to be issued and delivered from time to time as hereimbefore provided -7- Section 7 Whenever considered prudent by the City Treasurer , he is hereby authorized and empowered, whenever funds may be in his hands to the credit of Sanitary Sewer Dis- trict No 35 including six months' interest on the unpaid prin- cipal , to advertise two insertions a- week apart , in the offi- cial newspaper of said City and call in a suitable number of bonds of said district for payment , and at the expiration of thirty (30) 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 Mayor 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 perform- ance of the same of not less than twenty-five per cent of the contract price , with sufficient surety or sureties to be approv- ed by the Commissioner of Safety and Ex Offioio 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 immediate charge, control and sur ervision of the City -8.. 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 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 7, 1921s and this ordinance, and that the agreed payments shall not ex- need the estimate of the City Engineer and the amount appro- priated and that upon ten days' notice, the e,ork under said contract , without cost or claim against the City of Fort Col- lins, may be suspended for substantial cause and upon complaint afany 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 re- ject any and all bids which may be made by any person or per. sons 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 doing such work by hiring parties by the day and to arrange for pur- chasing the necessary materials to do such work under the direo_ tion, supervision and control of the Commissioner of Worse and the City Engineer , acting for said City 9L- Section 9 When said -oublic improvement in Sanitary Sewer District No 35 shall have been completed and the same approved by the City Engineer , recommended for acceptance by said officer , and duly acoe-ated 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 t ne area of all the real estate in the district , exclusive of public highways which said assessinentis 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 35, by an ordinance to be adopted as provided by Ordinance No 7 , 1921 Section 10 For the purpose of paying for erg gineering and other clerical expenses and the cost of inspeo_ 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 sail City, and sell as many bonds as may oe necessary and use the prodeeds thereof for said purpose and in accordance witn tIB provisions of Ordinance No 7, 1921 Section 11 This ordinance snall be irrepeaL able until the indebtedness herein provided for , whenever tie same snall be created shall have peen fully paid, satisfied and discharged as herein provided -10- 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 puolication under and by virtue of the autho- rity contained in Sections 6 and 7 of Article IV of the City Charter Introduced read at length and adopti ed by the unani,nous vote of all the meabers of the City Council this 1st day of October , A D 1921 Commissioner of Saf etj and Ex Officio Mayor ATTEST City Clerk _11- STATE OF COLORADO ) SS COUNTY OF LARIdER ) I A J ROSENOW, City Clerk of the City of Fort Collins, do hereby certify and declare that the fore- going ordinance, consisting of twelve (12) sections , was duly proposed and read at length at a regular meeting of the City Council held on the lot day of October , A D 19213, and was duly adopted and ordered published in the Fort Collins Courier, 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 Article IV of the City Charter, and thereafter, on towit the - day of October, A D 1921, said Ordinance No 2 y was duly published in the Fort Collins Courier, a daily newspaper published in the Citj of Fort Collins, Colorado IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City this day of October, A D 1921 City Clerk