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HomeMy WebLinkAbout016 - 06/11/1917 - RELATING TO THE CREATION AND ORGANIZATION OF STORM SEWER DISTRICT NO. 3 ORDINANCE NO 1917, RELATING TO TPE CREATION AND ORGANIZATION OF STORI SEWER DISTRICT NO 3, ESTABLISHING THE BOUNDARIES OF SAID DISTRICT, PROVIDING FOR THE COIF°STRUCTION OF THE STORM SEWER THEREIN, AND AUTHORIZING THE ISSUANCE OF IIuTEREST-DEARILG WARRANTS TO PAY THE COST OF COIISTRUCTIOF THEREOF BE IT ORDAINED BY ThE CITI COUNCIL OF THE CITY OF FORT COLLINS Sectior 1 That pursuc+nt to a resolution duly adopted by the City Council at a regular meetirg held on the 9th day of April 1917, it was ordered by the City Council that a Storm Sewer District be created under and in virtue of the authority contained in Suodivision C of Chapter 120 of the Revised Statutes of 1908 of the State of Colorado concerning public improvements in cities and towns of less than one hundred thousand inhabitants and pursuant to said resolution the City Engineer was authorized and instructed to pre- pare map plans and specifications of the proposed district to- gether with the estimated cost of the work therein together with a schedule arowing tre approximate amount to be assessed upon the several lots or parcels of property within said proposed district, and thereafter pursuant to said resolution the City Engineer did, on the 16th 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 3, that on said last mentioned date the City Council by resolution did duly adopt the map plans and specifications and schedule of assessments prepared by said Citv Engineer and that said Storm Sewer District No 3 be created and organized under the provisions of Section 5374 of the Revised Statutes of 1908 of the State of Colorado, as follows, to-Wit Lots one (1) to forty-nine (49) inclusive, is block thirty-one (31) , Lots one (1) to forty-nine (49) inclusive in Block tweet#-one (21) , Lots nine (9) to twenty-eight (28) inclusive, in Block one hundred and eleven (111) , and all of Block one hundred and one (101) to be known as Storm Sewer District No 3, and that the work of construc- tion within said district consist of an 18-inch line of vitrified clay pipe extending from the main storm sewer on College and Mountain Avenues west along Pest Mountain Avenue to manhole No 1 on the east property line of Mason Street which is the end of the proposed line, to be constructed along the north side cf West ?fountain Avenue and forty-five (45) feet south of the north property line of said avenue, and to be placed seven and five-tenths (7 5) feet below the surface of the street with 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 Nine Hundred Eighty-eight and 51/100 Dollars ($988 51), and the same wds duly adopted in said resolution as the Engineer's estimate of the cost of construction of said storm sewer and the expense 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 Larimer 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 bd taxed and designated the kind of improvement proposed, the number of installments and the time in which the cost will be payable, the rate of interest on unpaid and deferred installments the extent of the district improved together with the probable cost per square foot as shown by the estimates of -2- the City Engineer, and to the further effect that on the 21st day of May A D 19174 at four o' clock P M in the Council Chamber of the City Hall in the Citv of Fort Collins, the City Council 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 complaints 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 Baia improvement, have been complied with in all respects, and it is hereby ordered that the improvement in Storm Sewer District No 3 by the construc- tion of a storm 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 puruose 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 auly attested with the corporate seal by the City Clerk and countersigned by the Ex Officio City Treasurer, whicn said warrants shall bear date at such time as may be fixed by the Commissioner of Finance and Ex Officio Treasurer after the work of improvement has been commenced in said storm sewer district and to be endorsed on the face thereof "Payable out of the assessments -3- collected in Storm Sewer District ho 3, " and shall bear the name of said Storm Sewer District No 3 on the fac6 thereof, which said warrants shall be payable in two annual installments with interest at six per cent per annum payable semi-annually on presentation to the city treasurer, and shall be numbered consecu- tively as issued and shall be redeemable, commencing with No 1, and payable whenever funds are available to the credit of Storm Sewer District No 3 for that purpose, together with accrued interest thereon Section 5 Whenever considered prudent by the City Treasurer he is hereby authorized and empowered, whenever funds may be in his hands to the credit of said Storm Sewer District No 3 exceeding six months' interest on the unpaid pZincipal, 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 VUrty (30) days from t`ie first publication, interest on the warrants so called shall cease The notice shall specify the warrants so called by number, and all said warrants so issued shall be called and paid in their numerical order Section 6 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 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 publis'ied in the City of Fort Collins, and all bids received under said advertisement shell 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 improvement After the contract is awarded for construction, the City Council shall require a bond for the -4- faithful performance 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 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 the immediate control and supervision of the City Engineer, whose decision in all matttrs 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 thatit is subject to the pro- visions of the charter and Vie acts under which the City of Fort Collins exists, and that the aggregate payments shdl 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 conplaint of any owner of real estate to be 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 er all bids that may be made by any persor 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, saia City Council is hereby authorized and empowered to provide for doing such work by hiring parties b« the day, ana to arrange for the purchasing of the necessary material to do such work under the direction, super- vision and control of the Commissioner of Public Works and the City Engineer acting for said city -5- Section 7 When said public improvement in Storm Seier District No 3 shall have been completed and the same approved by the City Engineer, recommended for acceptance by saia officer and du.Ly accepted 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 eacr piece of real estate in said district is to the area of all the real estate in the district, exclusive of public highways which said assessments when made and reported by the City Engineer and approved by the City Council, shall be assessed against the property in Storm Sever District No 3 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 authorizdd and empowered to advertise for not lessVten (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 StEtutes of 1908 of the State of Colorado Section 9 This ordinance sha11 be irreperlable until the indebtedness herein provided for, vhenever the same shall be created, shall have been fully paia, satisfied and discharged as herein pro- vided Introduced read and ordered published at an adjourned regular meeting of the City Council held on the 23d day of May., A D 1917 Passed and adopted this /::2 June, A D 1917 Commissioner of Safety and AM Ex Officio Mayor City lerk STPTE OF COLORADO ) -86 COUNTY OF LAPILER ) I, Ray Baxter City Clerk of the City of Fort Collins do hereby certify and declare that the foregoing ordinance, consisting of nine (9) sections dulv proposed and adjourned regular read at length at meeting of the City Council held on the 23d dpLy of May 1917 was duly orddred by Aye and Nay vote to be published in the Eftt Collins Courier a daily neTspeper 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-? it, the 11D(� 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 ter days having elapsed since the publication, as setforth and that saia ordinance was upon secona reading adopted as an ordinance, that thereafter and on to-wit the Z�Nd day of June, 1917, said Ordinance No 4L1917 as finally passed and adopted was duly published in the Fort Collins Courier a daily nerspaper published in the City of Fort Collins, Colorado IN IvITNESS WHEREOF I have hereunto set my hand this day of June, A D 1917 City Clerk