Loading...
HomeMy WebLinkAbout012 - 05/28/1921 - RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DISTRICT NO. 32 (EMERGENCY ORDINANCE) • ORDIANCE NO. BEING AN EMERGENCY Oi:DINA`X E RELATING TO THE CREATION AND ORGANIZATION OF SANITARY SEWER DIS`PRICT NO. 32, PROVIDING FOR THE CONSTRUCTION OF THE I PROVEMENTS THEREIN AND AUTHO- RIZING THE ISSUANCE OF BONDS TO PAY THE COST OF THL CON- STRUCTION THEREOF . WHEREAS, Under the authority and pursuant to the provisions of Ordinance 2So. 7, 1c;21 , the City Council , on the 16th day os April, 1921 , duly passed and adopted a resolution providing for the organization of a sanitary sewer district and designating the boundaries thereof and the lots ana blocks t_zerein, for the purpose of constructing a sanitary sewer line in the alley thru Blocks 6 and 7 , Scott- Sherwood Addition to the City of Fort Collins; and T HEREAS, on the 23d day of April, 1�21, the City Engineer duly reported to the City Council the estimated cost of the said sanitary sewer and the schedule of asse-'s- ments upon the lots and blocks in said sanitary sewer district , and w:nich said report and estimate further described the total area to be assessed in said sanitary sewer aistricc , consisting Of30# 000 square feet and the rate of assessment per square foot ; and WHEREAS, Pursuant to said resolution, the Cit / Clerk caused notice thereof to be publisned 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 26th day of lay, l"l, by the City Council at a regular meeting thereof to be held in the Council Chamber in the City :fall in the City of Fort Collins, at the hour of one o' clock P .1. on said day, or the purpose of hearing all com- piainte 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 1Jo. 32, before the final action to be taken on an ordinance creating and or- ganizing said district and authorizing the improvemn nts to be constructed therein; therefore BE IT ORDAINED BY THE CITY COUNCIL OF Ti:E CITY OF FORT COLLINS: Section 1 . That pursuant to the terms and provi- sions of Ordinance No. 7, 1921 , being an orainance relating to local public improvements , there be and hereoy is created and organized Sanitary Sewer District No. 32, consisting of Blocks 6 and 7, Scott-Sherwood Addition to the City of Fort Collins, and that the work of construction of said improvements in said Sanitary Sewer District No. 62 consist of a main sewer line and branches as per map on file in the office of the City Clerk. Section 2. That pursuant to the requirements in the resolution of the City Council adopted on the 26d day of April, 19u1 , due notice was given to the owners of property to be assessed in said Sanitary Sewer District No. 32, 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 b: assessed in the pro- posed sanitary sewer district , composed of Blocks 6 and 7, Scott- Sherwood Addition to the City of Fort Collins, and designating the kina of improvement proposed, the nuiber of installments, �ha time in which the cost would be payable, the rate of interest on unpaid and deferred installments, the extent of the district -2- 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 Sewer District No. 32, and the total cost on an ordinary lot 50 x 190 feet , and to thefurther effect that on the 28th day of :day, 1921 at one o' clock P.I. in the Council Chamber of the City Hall in the City of Fort Collins, the City Council would hear and con- sider 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 . That the map, plans and specifications and estimate and all proceed- ings 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 time within said period of thirty days by any per- son interested. That pursuant to said notice , on the 25th day of lay, 1921, at the hour of one o' clock P.I. , the City Council proceeded to hear any objections that might have been filed res- pecting said proposed sanitary sewer district , and no objections having been filed, the City Council proceeded to determine it was for best interests of the taxpayers in said Sanitary Sewer District Wo. 3N, as well as the City of Fort Col-ins, that the period of payment should be ten years in ten annual payments. Section o. The City Council further finds that u11 the requirements of the ordinance respecting the resolutions , Notices required by the same to be given in respect thereto, be- fore the adoption of an ordinance ordering said imr roveHent , have been observed and complied with in all respects, and it is hereby ordered that the improveincnts in said sanitary se,,er district , as provided for in the may, , plans and specifications heretofore -0- 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 are hereby authorized 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 ,,York of i.nprovement has been commenced in said district , but said date shall be uniform for all bonds issued, and in such forma as may be approved by the City Council after submis- sion by the Commissioner of Finance; said bonds shall bear the name of Sanitary Sewer District No. 32, of the City of Fort Collins, and shall be payable in ten (10) annual installments, ten per cent (10j�) thereof payable in each and every year dur- ing said period, and shall bear interest at the rate of six per cent (6,0) per anrum, payable semi-annually, said interest to be evidenced by coupons attached to the principal bona and attested by the fac simile signature of the City Clerk, which said bonds shall be in denominations of Five Hundred Dollars (4500.00) each. Each of said bonds shall be subscribed by the Commissioner 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 ti_,e 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 assessments or from the sale of bonds shall be credited to Sanitary Sewer District No. 32, and the funds so collected shall only be used for the payment of the work of construction of said improvements and the interest thereon. -4- Said bonds shall be numbered from 1 to 7, inclusive, and shall be redeemable, co=encing one year after date thereof , conse- cutively and according to number and in order at' issuance. Said bonds 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 t:x Offioio Mayor, when said estimates have been 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 provided in Ordinance No. 7, 1921, relating to local public improvements . Pursuant to the power and authority contained in Section 29 of Ordinance No . 7, 1y21, relating to local public improvements, the payment of all the bonds issued in virtue of this ordinance is hereby guaranteed by the City of Fort Collins. Section b . Said bonds and the coupons attached thereto shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF COLORADO CITY OF FORT COLLINS SAv'ITARY ST7ER DISTRICT NO. 62. J 0. The City of Fort Collins, in the County of Lari-.er and State of Colorado, for value received, acknow- ledges itself inaebted and hereby promises to pay to the bearer hereof the sum of Dollars in lawful money of the United States, at the offi :e 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 amendLent to Section 1 of Article XVII of tha City Charter , passed and adopted April 4, 1�120, and Ordinance No. 7, 11, relating to local public improvements, with interest thereon fromdate until payment at the rate of six per centum per annum, payable semi-annually, on the _ -5- day of and the day of at the office of the City Treasurer of the City of Fort Collins, upon presen- tation and surrender of the annexea coupons as they severally become due. 'ibis bond is issued for the purpose of paying the cost of the local improvement in Sanitary Sewer District No. 32, 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, 1y20 , and Ordinance No.. 7, 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. 32, especially beneiitted by said improve- ments, and the amount of the assessment so to be made upon the real estate in saia District for the payment thereof , with accrued interest , is a lien upon the said real estate in the respective a::ounts 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 provided by ordinance; and it is hereby certified and recited that the total issue of bonds of said cityfor said district , in- cluding this bond, does not exceea the estimate of the City Engineer, and the contract price for said improve:L-ent , nor the amount authorized by law; and it is further hereby certified and recited that every requirement of law relating to the crea- tion of said Sanitary Sewer District No. 32, the making of said local improvement ana the issuance of this bona, has been fully complied with by the proper ofiieere of said city, and that all conditions required to exist and all things required to be done precedent to and in the ise-aance of this bond to render the same lawful ana vali� , have happened, and been properly done and performed, and did exist in regular and due time, form and man- ner as required by law. In Testimony Whereoi, the said City of Fort Collins has caused this bond to be subscribed by its Commissioner of Safety and Ex Officio Mayor , attested by its City Clerk under the seal of said city, ana 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 Saf ety an ATTEST: hx Officio �.ayor. ty Clerk. (Form of Coupon) . On the day of 1- t'�e— C— ity o Fort Collins will pay to the bearer Dollars in lawful money of the United States, at t.ia office of the City treasurer of Fort Collins, Colorado, being six months' interest on its local iii,proveraent bona dated issued for the construction of the local improvement known as Uanitary Sewer District uo. 32; provided this bona shall not have been heretoiore paid. Attacnea to Bond No. -6- ty er.. . Section b. Tne Commissioner of Finance and n,x Officio City Treasurer is hereby authorized and directed to have printed a sufficient number of bonds of the denomina- tion of Five Hundred Dollars (§500.00) each, numbered from 1 to 'r, inclusive , as is required to meat 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 hereinbefore provided. Section 7. whenever considered prudent by the City Treasurer, he is hereby authorized and empowered, when- aver funds may be in his hallos to the credit of Sanitary Sewer District No. 32, including six months ' interest on the unpaid principal, to advertise two insertions, a weeL apart , in the official newspaper of said City and call in a suitable ni"ber of bonds of said aistrict for payment , and at the expiration of thirty (3O) days from the first publication interest on said bonds so called shall cease. The notice snail sTPecify the bonds so called by number , and all said bonds so issued shall be called and paid in their numerical order . Section 8. Upon the taking effect of this ordi- nance, the Commissioner of Safety and hx Officio Iayor is hereby authorized and empowered to advertise for bids for the construc- tion of said improvement in accordance with the map , plans and specifications heretofore adopted, whicn advertisement shall not be less than ten (10) days in the daily, official newspaper pub- lished in the City of Fort Collins, and all bias received under said aavertisamtanz snail b submitted to the City Council for approval or rejection, and no contract shall be awarded in excess -7- of the City Engineer ' s estimate of t'r.e cost of said improve- ment . After the contract is awarded for construction; the City Council shall require a bones 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 approved by the Commissioner of Safety and Ex Ofiicio 1ayor, and the work of construction when so awarded under said con- tract sha11 be unaer the general control of the Commissioner of Public Works and in the immediate eaarge , control and super- vision of the City Engineer, whose decision in ail matters of aispute respecting compliance with this ordinance and the con- tract made thereunder, and the plans and specifications, shall be final and binding upon all parties thereto. When said con- tract 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 Ordi- nance 7o. 7, 1;j21, and this ordinance, and that the agreed pay- ments shall not exceed the estimate of the City Engineer and the amount appropriated, and that upon ten days' notice the work under saia contract , without cost or claim 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 construct- ed in accordance wit^. the contract , then the City Council may consider the comrlaint and make such order as may he just , and its decision shall be final. The city Council shall have the right to raject any and all bids which may be made by any person or persons for tha construction of said improvements , ana when in the jud w ent of the City Council it shall be deemed to the -a- best interests of said City of Fort Collins, the said City Council is hereby authorized and empowered to provide for doing; such work by Kirin.- parties by the day and to arrange for purchasing the necessary Materials to do such work unxer the direction, supervision any control of the Commissioner of Works and the City Engineer , acting for said City. Section 9. When said public improvement in Sanitary Sewer District No. 32 shall have been completed and the same approved by the City Engineer , recommended for accep- tance 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 asta,ta in said district as the area of each piece of real estate in Baia district is to the area of all the real estate in the district , exciusive of public highways, wnich said assessments when made and reported by the City Engineer and approved by the City Council, shall be assessed against the pro- perty in Sanitary Sewer District i1o. 32, by an ordinance to be adopted as provided by Ordinance No. 7 , 1921. Section 10. For the purpose of paying for en- gineering and other clerical expenses and t--ie 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 proceeds thereof for said purpose , and in accordance with the provisions of Ordinance No. 7, 18 1. -9- Section 11. This ordinance dha.11 be irrepealable until the indebtedness herein provided for , whenever the sa--ae 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 energency exis-�s 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 con- tained 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 28th day of May, A.D . 1921. Comaissioner� o f et y and ATTEST: - Ex Officio Mayor. / City ems. �.10.� STATE OF COLORADO ) SS. COUNTY OF LARI21ER ) I, A. J. ROSENOW, City Clerk of the City of Fort Collins, do hereby ca-rtify 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 28th day of May, 1921, and was duly adopted and ordered pub- lished 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 sr- IV of the City Charter; and thereafter , on towit : the 3/ 'day of 1y21, said Ordinance No. was duly published in The Fort Collins courier , a daily newspaper published in the City of Fort Collins, Colorado . IN TI XESS 'THEREOF, I have hereunto set my hand �r ana affixed the seal of said City this 3/ day of , 1921. City Clerk. „