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HomeMy WebLinkAbout017 - 06/11/1917 - RELATING THE CREATION AND ORGANIZATION OF STORM SEWER DISTRICT NO. 4 r ORDINANCE tt0 I1917 RELATING TO THE CREATION AND ORGANIZATION OF STORM SEWER DISTRICT NO 4, ESTABLISHING THE BOUNDARIES OF SKID DISTRICT, PROVIDING FOR THE CONSTRUCTION OF THE STORM SEWER TnEREIN, AND AUTHORIZING THE ISSUANCE OF INTEREST-BEARING WARRANTS TO PAY THE COST OF CONSTRUCTION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That pursuant to a resolution duly adopted by the City Council at a regular meeting held on the 9th day of April, 1917 it was ordered by the City Council that a Storm Server District be created under and in virtue of the authority contained in Subdivision C of Chapter 130 of the Revised Statutes of 1908 of the State of Colorado, concerning public improvements in cities and towns of less than one hundred thousarl inhabitants, and pursuant to said resolution the City Engineer was authorized and instructed to pre- parPmap, plans and specifications of the proposed district, to- gether with the estimated cost of the work therein, together 17ith a schedule showing the approximate amount to be assessed upon the several lots or parcels of property within said iroposed district, and thereafter, pursuant to said resolution, the City Engineer did, on the 18th day of April, 1917, duly file with the City Council his map, plans and specifications and estimated cost of the improvement in said proposed Storm Sewer District No 4, that on said last mentioned date the City Council by fesolution did duly adopt the map, plans and specifications and schedule of assessments prepared by said City Engineer, and thGt said Storm Sewer District No 4 be created and organized under the provisions of Section 5374 of the Revised Statutes of 1908 of the State of Colorado. as follows, to-T tt -1- Lotd G. H, I, J, 6, 7 and 8, and Lots nineteen (19) to thirty (30) inclusive, and Lot A, in Block eighteen (18) , Lots 2, 4, 6, 8, 102 12, 14 and 16 in Block thirteen (13) , Lots 2, 4, 62 83 10, 12, 14 and 16 in Block twelve (12), and Lots 1 to 21 inclusive and Lot A in Block nineteen (19) , as shown by map of said proposed district to be known and described as STORM SEWER DISTRICT NO 4, and that the work of construction within said district shall consist of a 15-inch line of vitrified clay pipe extending from the main sewer on Walnut Street and East Mountain Avenue, north on Walnut Street to manhole No 1 on the south property line of Linden Street, to be constructed along the west side of Walnut Street and thirty-tvo (32) feet east of the west property line of said street and placed seven and five-tenths (7 5) feet below the surface of the street, to have one manhole and four (4) 10-inch vitrified clay pipe lines extending from the manhole to the catch basins, to be constructed as provided in the plans and specifications adopted, that the total estimated cost of said improvement is one thousand one hundred ten and 01/100 Dollars ($1,110 01), and the same was duly adopted in said resolution as the Engineer's estimate of the cost of construc- tion of said storm sewer and the cost of said district Section 2 That pursuant to the requirements of said last mentioned resolution adopted on the 16th day of April, 1917, due notice was given to the owners of property to be assessed by due and lawful publication in the Laximer County Democrat, a weekly newspaper of general. circulation published in the City of Fort Collins, for a period-of twenty (20) days, as shown by the proof of publica- tion on file in the office of the City Clerk, which said notice was to the owners of property to betaxed, and designated the kind of improvement proposed, the number of instalments and the time in which the cost will be payable, the rate of interest on unpaid and -2- I deferred installments, the extent of the district improved, together with the probable cost per square foot as shown by the estimates of the City Engineer, and to the further effect that on the 21st day of May, A D 1917, at four o'clock P M, in the Council Chamber of the City Hall in the City of Fort Collins, the City Councll,would hear and consider all complaints and objections that might be made and filed in writing concerning the proposed improvement by the owners of any real estate to be assessed, that said hearing on complaints was adjourned to Wednesday, the 23d day of May, 1917, at four o'clock P M , and in pursuance of said notice and the adjournment thereof, the said City Council did sit to hear com- plaints, and no complaints in writing concerning said improvement had then and there been duly filed with the City Clerk Section 3 The City Council finds that all the requirements of the statute respecting the ordering of said improvement, and the resolutions and notice required by law to be given in respect there- to, before the adoption of an ordinance ordering said improvement, have been complied with in all respects, and it is hereby ordered that the improvement in Storm Sewer District No 4 by the construc- tion of a stoom sewer therein as provided in the map, plans and specifications heretofore adopted by the City Council and approved by this ordinance, be and is hereby ordered to be constructed Section 4, For the purpose of paying the cost of said improvement, warrants of the City of Fort Collins are hereby authorized to be issued, signed by the Commissioner of Safety and Ex Officio Mayor and duly attdsted with the corporate seal by the Citv Clerk, and countersigned by the Ex Officio City Treasurer, which said warrants shall bear date at such time as may be fixed by the Commissioner of Finance and Ex Officio Treasurer after the -3- x work of improvement has been commenced in said storm sewer district, and to be endorsed on the face thereof "Payable out oli the assessments collected in Storm Sewer District No 4", and shall bear the name of said Storm Se7er District No 4 on the face thereof, which said warrants shell be payable in two annual installmelts with interest at six per cent per annum, payable semi-annually on presentation to the city treasurer and shall be number�c nsecutively as issued and shall be redeemable commencing with No 1 and payable whenever funds are available to the credit of Storm Se-7er District No 4 for that purpose, together with accrued interest thereoid Section 5 Whenever considered prudent by the City Treasurer, he is hereby authorized and empowered whenever funds may be in his hands to the creditoof said Storm Se^7er District No 4 exceelinm six months' interest on the unpaid principal to advertise for ten days in the official newspaper of said city and call in a suitable number of warrants of said district for payment and at the expira- tion of thirty (30) days from the first publication interest on the warrants so called shall cease The notice shall specify the warrants so called by number, and all aaid warrants so issued shall be called and paid in their numerical. order Section 6 Upon the taking effect of this ordinance, the Commissioner of SafetN and Ex Officio Mayor is hereby authorized and empowered to advertise for bids for the construction of said improvement in accordance with the map, plans and specifications heretofore adopted, which advertisement shall not be for less than ten days in the 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 $twarded in excess of the City Engineer' s estimate of the cost of said improvement After the contract is awarded -4- for construction, the City Council shall require a bond for the faithful performance of the same of not less than twenty-fine per cent of the contract price, with sufficient surety or sureties to be approved by the Commissioner of Safety and Ex Officio ijayor, and the work of construction, when so awarded under said contract, shall be under the general control of the Commissioner of Public 5orks and the immediate control and supervision of the City Engineer whose decision in all matters of dispute respecting compliance with this ordinance and the contract made thereunder, 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 pro- visions of the charter and the acts under which the City of Fort Collins exists, and that the aggregate pLayments shall not exceed the estimate of the City Engineer and the amount appropriated, and that upon ten (10) 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 ti to e assessed for said improvement that the improvement is not being constructed 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 have the right to reject any or all bids that may be made by any person or persons for the construction of said improvement, and when, in the judgment of the City Council, it shall deem it to the best interests of the City of Fort Collins, said City Council is hereby authorized and empowered to provide for doing such work by hiring parties by the day and to arrange for thepurchasing of the necessary material to do such work under the direction, super- vision and control of the Commissioner of Public Works and the @Sty Engineer acting for said city -5- r Section 7 When said public improvement in Storm Sewer District Ido 4 shz.11 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 aV on 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, eXIlusive of public highways, which said assessments when made and reported to the City Engineer and approved by the City Council shall be assessed against the property in Storm Sewer District ho 44 by an ordinance to be adopted as provided by law Section 8 For the purpose of paying engineering and other clerical expenses, and the cost of inspection upon the approval of the City Council the Commissioner of Safety and Ex Officio Mayor is authorized and empo vered to advertise for not less than ten (10) days in the official newspaper of said city and sell as many warrants as may be necessary, and use the proceeds thereof for said purpose and in accordance with the provisions of Section 5393 of the Revised Statutes of 1908 of the State of Colorado Section 9 This ordinance shall be irrepealable until the indebtedness herein prov&ded for, whenever the same sYall be created, shall have been fully paid, satisfied and discharged as herein pro- vided Introduced, read and ordered published at an adjourned regular meeting of the City Council held on Vie 23d day of May, A D 1917 Passed and adopted this i- Z day June, A D 1917 Commissioner of Safety and Ex Officio Mayor ATTEST G ty Clerk STATE OF COLORADO, ) -BB COUNTY OF L 4RIMER ) I. Ray Baxter, City Clerk of the City of Fort Collins do hereby certify and declare that the foregoing ordinance con- sisting of nine (9) sections, duly proposed and read at length at an adjourned iagular meeting of the City Council held on the 23d day of Say 1917 was duly ordered bl Aye and Nay vote to be published in the Fort Collins Courier, a daily newspaper of the City of Fort Collins, in accordance with the provisions of Section 7 of Article IV of the City Charter, that thereafter and on, to-wit, the day of June, A D 1917, at a regular meeting of the City Council, said ordinance came before said council on its final passage, a period of more than ten dayshaving elapsed since the publication as set forth, and that said ordinance was upon secnnd reading adopted as an ordinance, that tnereafter and on to-wit, the L; ,p day of June, 1917, said Ordinance No [51" 19172 as finally passed end adopted was duly published in the Fort Collins Courier a daily newspaper published in the City of Fort Collins, Colorado s� IN WITNESS WHEREOF, I have hereunto set my hand this day of June, A D 1917 City Clerk