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Home My WebLink AboutMINUTES-09/15/1913-Regular466 Records of the City Council, 15th Day of Sept. 1913 191 Minutes of a regular meeting of the City Council of the City of Fort Collins, held in the City Hall of said City on September, 15th, 1913 the followig proceedings were had and approved. Present. Mayor Balmer Aldermen, Abbott, Armitage Eves, Johnson Mathews Schlicliter, St. Clair, Watson Yard. Absent Alderman Glessner. On motion the reading o' t,e minutes of the previous, meeting approved. Moved by Alderman, Eves and seconded by Alderman Armitage that the report of the Finance Committee be accepted and that the Clerk be instructed to draw warrants on the respective funds in payment of the same. Fort Collins, Colorado. Sept, 15th, 1913 To the Honorable The Mayor and the City Council of the City of Fort Collins Colorado, Gentlemen: Your Committee on finance beg leave to report that they have examined the following bills referred to them and report favorably on same and that the City Clerk be instructed to draw warrants on the resepetive funds in payment of the same. Salaries H. M. Balmer Mayor 25 00 F. D. Abbott Alderman 12 50 D. C. Armitage Alderman 12 50 T. H. Eves Alderman 12 50 E. J. Glessner Alderman 12 50 B. B. Johnson Alderman 12 50 F. A. Mathews Alderman 12 50 E. A. Sehlichter Alderman 12 50 M. M. St. Clair Alderman 12 50 J. B. Watson Alderman 12 50 W. M. Yard Alderman 12 50 Ray Baxter City Clerk. 37 50 F. J. Annis Attorney 50 00 A. C. Baker Marshal 80 00 S. W. Wade Janitor 20 00 Wm. Hannawalt Sexton 75 00 B. A. Gooding Physician 40 00 Fred Wade Fire Chief 16 66 M. I. Dodson Genl. Supt. 125 00 R. C. Cameron Driver R. W. Crim Asst. Driver 70 65 00 Martin Peterson Night Fireman 12 00 50 Dan Christensen Night Fireman 12 50 James Wade Night Fireman 12 5o Fred Garnick Night Fireman George Warren Police 12 50 Chas. Sanders Police 65 00 Geo. H. Glover Food Inspector 65 00 Jas. Spencer Scavenger 75 00 Frank Martz Dump Man 30 00 James Rood Bookkeeper 20 00 20 00 GENERAL EXPENSE. 1054 16 S. C. Halley Vital Statistics 23 75 American Disinfectant co. Dope Ray Baxter Cash Advanced 12 50 B. B. Johnson Ideals 11 85 J. N. Shoem-ker Police 7 16 80 U. P. Cosby Police 34 00 00 Records of the City Council, 467 15th �cly o£ Sept. 1913 I (� I T. V. Webster Anvil 7 50 J. W. Spencer Transfer 50 Telephone Co. Rent 4 00 H. G. Diercks Supplies 50 A. W. Scott Drug Co. Drugs 48 75 S. F. Shoemake Police 12 00 S. A. Young Police 6 00 J. W. ade Police 4 00 Northern Printing Cc Printing 23 50 L. D. Phelps Uncollected Costs 6 30 Games'.Torretce Witlness 1 00 Geo Charette Signs 8 20 Fort Collins Express Printing 48 30 Review Printing Co. Printing 4 17 280 62 PermAnent Streets. Ray Baxter cash Advanced 12 00 D. F. Wylie Team Labor 68 62 Ray Baxter Cash Advanced 7 25 F. G. Downs Team Labor 4 oo Fort Collins Hdwe. Cc Supplies 3 35 95 22 Streets T. V. Webster Labor 19 50 J. N. Shoemaker Labor 93 00 Robert Walker Labor4 57 50 L. S. Middleton Labor 7 00 Kinney & Watson Team Labor 12 50 Robert Peterson Labor 1 50 Alex Hammel Labor 7 00 John Alderton Labor 58 2 00 75 Chas. Wade Labor Supplies 2 50 Gem Grocery Labor 2 o0 A. P. Goliiday Team Labor 2 00 Jasper Jensen Labor 4 00 Joe Shipp Labor 4 00 John Sanford Labor 3 00 J. H. Butler Labor 1 50 J. C. Bales Labor 6 00 J. G. Cl,rk Supplies 50 F. H. Gilcrest Hire of Mules 15 83 Chet Giddings Labor 2 50 R. C. Ca;aeron Labor 23 25 G. H. Crawford Labor 11 75 Jas. Wade 337 58 Pine Street Sewer. Fort Collins Hardware Supplies 40 13 95 14 Frank P. Goeder Engineer 28 50 H. F. Beier Inspector Contractors 282 5 Kirkpatrick & Son K 364 oo Fire Department. Martin Peterson Helper 65 00Laundry 4 55 Mrs. Robe. Cameron Sunday Man 2 00 Martin Peterson Sunday ,lam � 2 00 Dan Christensen Sunday !fan 2 00 JamesWade Sunday Man 2 00 Fred Garniek Hay 16 00 Ray N. Littler Poudre Valley Elevator Straw 6 00 3 00 Telephone Co. Rent Cash Advanced 4 00 Ray Baxter American Disinfecting Cc Dope 12 50 50 Supplies A. W. Thormann 119 55 Cemetery. Dump Cart 15 00 W. A. CunninGham Jackson Ankney Merc Co applies 2 90 1 60 Northern Hardware Supplies Supplies 1 25 Gii'ford Hardware Rent 3 00 Telephone Co. Labor 38 00 J. H. Shaffer Labor 12.00 Al. Tingle Labor �372 Pierce Cooksie ill 00 pr 468 Records of the City Council, 15th Day of Sept. 1 '13 191 Public Buildinhs S. W. Wade Janitor Band Fort Collins Band Concerts Playgrounds Keith McHugh Director Arthur Robinson Asst. Directod Frances Adams Asst. Directress Park. E. G. Steele Supplies North Poudre Irr. Cc Assessment J. D. DeCelle Supplies Asa Farrington Labor Earl Nelson Labor A. PJ. Strecker Labor Thos Thomason Labor Richards Coal etc Cc Supplies Moody Warren Supplies Speoial Sidewalk Fund, Frank P. Goeder En.ineer Homer G. Golden Assistant Dale Olson Assistant Special Election, Courier Printing Co. R. S. Ne-abold County of Larimer James Rood Out West Printing Co. Hoeckel Blank Book Cc Review Printing Cc Registered Printing Clerk Certification Asst. in office Printing Printing - Printing Water Works Ray Baxter John Cameron Otto Schmohl Perry Learnard 0. C. Tinkham L. S. PdiDdleton John Alderton Andrew Robertson J. N., hbemaker Walter vriffin 0. C. Dolan Chas Wade Jas. Wade T. V. Webster L. S. Jackson Andrew Telles Robert Walker Frank P. Goeder Mrs. Otto Schmohl Fort Collins Express Forest Lumber Co. E. G. Steele H. G. Diercks Northern Hardware Alex. Nelson W. A. Hawthorne Poudre Valley Gas Co. Mrs. Otto Schmohl Wm. Lowman F. P. Stover General Chemical Co. E. R. Barkley Hdwe Co. Fort Collins IIdwe. Cc Western Steel Headgate Cc Continental Oil Co. Telephone Co. Review Printing Cc Salary Salary Salary Salary Salary Labor Labor Labor Labor Labor Labor Labor Labor Labor Labor Labor Labor Labor Board Printing Supplies Supplies Supplies Supplies Auto Hire Batteries Supplies Board Drayage Supplies Alum Supplies Supplies Supplies Supplies Rent Printing 5 00 360 00 22 50 17 50 10 00 50 00 4 28 5 05 2 50 43 62 15 00 74 00 70 00 5 00 6 oo 225 45 12 20 2 50 4 07 18 77 57 00 5 00 10 70 8 00 14 25 36 00 411 3o 542 25 75 00 80 00 75 00 27 50 6o oo 2 75 4 oo 50 50 37 75 1 25 4 75 32 75 44 DO 4o oo 11 50 4 75 3 62 3 75 66 85 1 65 4 50 60 35 5 65 1 05 3 00 1 80, 7 00 53 55 5 00 14 15 -1�9.. OQ__ 3 78 4o 5 00 59 83 13 00 13 86 1218 29 Records of the City Council, 15th Day of Sept. 1913. 191 469 Library Wm. Lowman Drayage 8 20 Northern Colo. Power Cc Rent 6 45 Earl Whatley Janitor 10 00 Elfreda Stebbins Books 5 90 Elfreda Stebbins Librarian 75 00 105 55 Also the following extra list to be allowed when the vouchers are properly made out ;nd the proper 0. K. on said bills. General Expense Frank P. Goeder Engineer 7 50 Herman G. Witte Labor 1 50 9 00 Permanent Streets. Joe Morrison Team Labor 144 00 W. A. Cunningham Labor 60 30 Frank P. Goeder Engineer 83 91 Homer B. Golden Labor 3 3 04 75 Homer B. Golden Labor Team Labor 102 00 1 Herman G. Witte Team Labor 28 50 E. W. Trout EE. Team Labor 44 50 ... Downs Labor 4 38 3omer B. Golden Labor 7 50 Frank P. Goeder Team Labor 44 00 A. L. Andrew Labor 30 07 Peter Lunn Pe � Labor 14 84 Dale Olson. Labor 24 00 John Alderton 594 79 Streets Team Labor 23 50 Joe Morrison Engineer 15 00 Frank P. Goeder Labor 1 88 Homer B. Golden Team Labor 2 00 Herman G. Witte Team Labor 26 00 A. L. Andrew Labor 3 25 Andrew Te,les Labor 2 00 H. Wilkins Labor 11 07 Dale Oleson Labor 7 50 w. A. Cunningham 85 20 Lights• Light 670 45 Northern Colo. Power Co. Light 1 50 Poudre VIlley Gas Co. 671 95 Jefferson St. Improvement District 31 88 En ineer Frank P. Goeder L bor 15 00 Da1F Olson 46 88 being called the vote stood as follows. The roll Abbott, Armitage, Eves, Johnson, Mathews Ayes Aldermen, Schlicl,ter, St. Clair, Watson, Yard. Nays Alderm_n.............................. Absent Alderman Glessner i Ail aldermen present voting in the of"irmative the motion was carried and so declared by the Mayor. an Watson and seconu by alderman Yard that the following report be Moved .>y Alderm adopted. To the Honorable ?Mayor and City Council of Fort Collins Gentle ten: Your Committee to which was referred the petition of the Plumbers for a refund of 1912 license fees paid by them report that after considerationthey find upon advice of the City Attorney that there is no legal warrant for the City to make any refund of 470 Records of the City Council, 15th Day of Sept. 1913 191 said license fees, and therefor recommend that the petition be denied. Respectfully submitted J. B. Watson W. M. Yard The roll being called the vote stood as follows. Ayes Aldermen, Abbott, Armitage, Eves, Johnson, Mathews. Schlichter, St. Clair, Watson, Yard. Nays Alderman . ... ........................ Absent Alderman Glesner. All aldermen present voting in the affirmative the motion was carried ad so declared by the mayor. On motion regular order of business suspended. Moved by Alderman Yard and seconded by Alderman Abbott that the following form of Ordinance be introduced read and ordered published on first reading. Ordinance No ....... 1913 "An Ordinance Amending Section One of Ordinance No. 10, 1901, Relating to Fire Limits and Building Inspection as Amended by Ordinance No. 15, 1906 and as amended by Ordinance No. 31 1912, passed and adopted December 16, 1912." Be it ordained by the City Council of the City of Fort Collins: - Section 1, That section one of Ordinance No, 10 as amended by ordinance No. 15 series of 1906 and as amended by Ordinance No. 3, 1912 be and the same is hereby amended so as to read as follows: - Section 1, All that portion of the City of Fort Collins embraced within the following described limits shall hereafter be known as the fire limits of the City of Fort Collins: - Commencing at a point at the center of the intersection of Cherry Street and Mason Street and Mason Street;in said city thence south along the center of Mason Street to the center of Mountain Avenue, thence west along the center of Mountain Avenue to the center of Howes Street, thence south along the center of Howes Street to the center of Olive street; thence East along the center of Olive Street to the center of Whedbee Street; thence north along the center of Whedbee Street to the center of Riverside Ave :ue; thence easterly along the center of Riverside Avenue, to the center of the rnaln line of the Union Pacific Railroad, thence westerly along the center line of the main track of said Railroad to the point where said track intersects the center of College Avenue, thence following the center line said railroad to center of Cherry Street, thence west to place of beginning being the center of Mason and Cherry Street. Ard no building of any kind shall be erected withinsaid fire limits unless permission to construct the same is obtained and the same is constructed pur - suant to ordinances now in e'fect in said City or the ordinances hereafter to be passed and adopted by the City Council of said City relating to buildings and building inspection. Passed and adopted this........ day of ........... 1913 Attest: ....................Mayor .........................City Clerk. Records of the City Council, 15th 9 Day of Sept. 1913 I I 1J 4'71 The roll being called the vote stood as follows Ayes, Aldermen, Abbott, Armitage, Eves, Johnson, Mathews Schlichter, St.•Clair, Watson Yard Nays Aldermen . . . . . . . . . . . . . . Absent !_lderman Glessner. All aldermen present voting -in the affir;ative the motion was carried and so de- clared by the .!ayor. Moved by Alderman Abbott and seconded by Alderman Watson that the following resol tion be adopted. " RESOLUTION OF T3E CITY COUIJCIL RELATING TO THE CONSTRUCTION OF SIDEWALKS IN OF LOTS 6, 8 and 9 Block 116 and Lots 5, 6 and 7 Block 106 and to construct and relay walks in•front of Lots 22,215,6 and 7 Block 302 Capitol Hill Addition to said City" Whereas a petition has been duly filed and presented requesting the City Counof to order sidewalks constructed in fron of lots 6, 8 and 9 in Block 116 and in fron of Lot'. 5, 6 and 7 it B1ock1,106 Lxd j Whereas in the opinion of the City Council new walks should ne constructed in the place of present narrow walk in fron of lots 22, 2, 5, 6 and 7 in Block 302 Capitol Hill Addition of said City Therefore be it Resolved by the City Council of the City of Fort Collins, that sidewalks are her j ordered to be constructed adjacent to and abbutting the property hereinafter described in accordance with the provisions of Ordinance No. 1 1909 Relating to sidewalks, Curbs and Gutters as follows to -wit; Lots 6, 8 and 9 Block 116, lots 5, 6, and 7 Block 106, and that new walks be and hereby ordered to be constructed in place of the present walk in fron of lots 22, 2, and 7 Block 302 Capitol hill Addition to saif City, pursuant to the provisions of Ordinan No. J.. 1909 relating to Sidewalks all of.which walks are hereby ordered to be constructed within thirty days from the d-te of notice to be served by the City Clerk upon the owner by mailing or delivering a copy of this resolution to the owner or ovmers of the said lots; and in the event said sidewalks are not constructed within the period herein named the City of Fort Collins will cause said sidewalks to be constructed and charge the cost acent property or the owner ur owners thereof and certify and thereof against the adj collect the s.ime as provided by law.And the City Clerk is hereby authorized and directed to cause a copy of this resolution to be served upon the owner or owners of said property as herein provided. The roll being called the vote stood as follows. Ayes Aldermen, Abbott, ArmitaLe, Eves, Johnson, "athews Schlichter, St. Clair, Watson Yard. Nays Alderman.. .. .. .. .. .. .. .. .. .. .. Absent Alderman Glessner All aldermen present voting in the aP'irmative the motion was carried and so declared by the Mayor. On motion the matter of th, Mountain States Telephone and Telegraph Cos. proposed Ordi- nance was referred to the Committee on. Laws and Ordinances and City Attorney to report,ne regular meeting. On motion the matter of the acceptance and final settlement with Kirkpat- rick and son on the Fine Street Sewer was laid over until the next meeting. Moved by Alderman Johnson and seconded by Alderman Y.:rd that the following report be accepted. REPORT OF THE COMMITTEE ON SEWERS AND DRAINS RESPECTING MATTER OF TAR RE7UND TC J.A.C.KISSOCK OF THE SEWER ASSESSMEtT7 ON LOT 12, BLOCK 121 OF THE CITY OF FORT COLLINS. TO TILE HONpRABLE MAYOR AND CITY COUNCIL OF THE CITY OF FORT COLLINS. , 6 GENTLEMEN: Records of the City Council, 15th Day of Sept, 1913 191 Your committee has had unde5 eonsideratinn the communication of Mr. J. A. C Kissook of April 29, 1913, respecting the matter of the sale on December 16, 1908 of Lot 12 in Block 121 for taxes by the County Treasurer for sewer tax assessed against said property, amounting to $ 25.38., The committee has caused a careful investigation into the facts and the law to be made by the City Attorney. 1. We find that on May 271 1907 the City Council passed and adopted what is known as Ordinance No. 102 1907 being "An ordinance authorizing the extension of Fort Collins combined Public and District Sanitary Sewer No. 18" this being a sewer extending from the deep sewer at the intersection of College and Mountain Avenues up College Avenue to Oak Street. 2. We further find that pursuant to this ordinance the sewer was con- structed, and the cost thereof dulyand regularly assessed as provided by the ordi- nances of the City of Fort Collins on October 21, 1907, in which assessment all to property holders abutting on both sides of College Avenue were duly and properly assessed, and among those assessed were J. A. C. and Emma Kissock on Lot 12, Block 121, $23.25. 3. Thereafter on November 18, 1907, the committee reported, and hearing was had on complaints, and among the complaints were W. A. Kickland owner of Lots 5 and 6 and J. C. Douglass, owner of Lots 7 and 8 in Block 111. We also find that John A. C. Kissock, A. W. Scott, F. A. Soult and H. C. Bradley complained of the amount assessed against their property in Blocl 121. All of the complaints were based upon the ground that they already had sewer connections. The report of the committee was referred back to the committee on sewers and drains and fur- ther hearing continued until November 25, 1907, At this hearing Kickland and Douglass based their complaint on the fact that they had constructed a private sewer at a cost of $ 275.25, and that they new sewer was no benefit to them. The committee submitted a further report at this sesssion in which the objections of all but Kickland and Douglass were over -ruled, and they reported that they were unable to determine whether the assessment against Kickland and Douglass should be made or not, and the matter came before the City Council for final action. 4. The assessment for W. A. Kickland for Lots 5 and 6 $ 46.50 and of J. C. Douglass for lots 7 and 8 was $46.50 ; and the Council adopted the following resolution:"That the objections of said Scott, Kissock, Soult, Davis Secord, Hottel and Bradley are held to be untenable and that their several properties are found to be benefited equally with other property in said district and should be assessed in accordance with their frontage; that the. objections of said Kickland and Douglass are sustained, and it is found and determined that no benefit whatever accrues to said Lots 5 and 6, 7 and 8 Block 111, by reason of the said improvement, and therefore the amount of said frontage, to -wit one hundred feet, should be deducted from the total frontage abutting upon said improvement and the whole cost thereof, except for street and alley intersections, be assessed against the several owners of the lots abutting upon said improvement excluding said lots; and excepting the benefit to the public generally, which is hereby assessed at $93.00; and the City Clerk is hereby directed to make up and assess- ment roll which shall contain a list of the lots and blocks against which these assessments have been made, the amount which is hereby made a charge upon each lot, and the name of the owners of each lot, if known, and if unknown he shall state the same in said assessment roll, and when complete the said Clerk shall certify the same to the County Clerk in conformity with law." 5. In conformity with the foregoing resolution the assessment roll was made and certified as therein required, but no, change was made in the amount of th the assessment theretofore reported against the several lots and blocks aside from those of Kickland and Douglass; and the said Kissock having failed to pay the sewer tax so assessed against said Lot 12, Block 121, it was duly sold for tax on the 16th day of December, 1908. It appears from the records of the City Clerk's office that the $93.00 which constituted the tax assessed against the lots owned by Kickland and Douglass was assessed to the City of Fort Collins as a benefit to the public generally, and subsequently and on January 26, 1909, the record dis- closes that $75.48 was paid in settlement of this amount, it appearing -from the records that this amount was sufficient to pay the balance due upon all the sewer assessments growing out of Ordinance No. 10, of 1907. 6. We r'urther find that in addition to the original objection interposed by Mr. Kissock at the tie of the assessment of the sewer tax, he now claims that in virtue of the fact that the City Council saw fit to release lots 5, 6, 7, and 8 in block 111, from the assessment , by causing the same to be paid out of the general fund of the treasury, therefore the assessment was discriminative and illegal. This complaint might have some base upon which to rest if the City Council had re -assessed upon the remaining property owners the amoi.nt which was taken off from lots 5, 6, 7 and 8 Block 111, but no such action was taken, and consequently the burden upon the remaining property holders would remain un- changed, and in accordance with the opinion given to us by the City Attorney the said sewer tax assessed against lot 12 in block 121 ways duly and regularly made, and the City could not legally grant any relief to Mr. Kissock, ,uid his applica- tion for refund should be denied. Respectfully submitted B. B. Johnson D. C. Armitage W. M. Yard Committee on sewers and drains. Records of the City Council, 15th Day of Sept, 1913. 191 473 The roll being called the vote stood as follows. Ayes Aldermen, Abbott, Armitage, Eves, Johnson, Mathews, Schlicher, St.Clair, Watson, Yard. N"ys Alderman.. .. -- -- -- -- -- -- -- -- -- -- I Absent Aldermen Glessner, All aldermen present voting in the affirmative the motion was carried and so declared by the Mayor. Moved by Alderman Eves and seconded by Alderman Johnson that the Street Committee and the General Manager be instructed to install the scales as soon as the arrive. The roll being called the vote stood as follows. Ayes Aldermen, Abbott, Armitage, Eves, Johnson, Mathews, Schlichter, St. Clair, Watson Yard. Nays Alderman-- -- -- -- -- -- -- -- -- -- -- -- Absent Alderman Glessner. All aldermen present voting in the affirmative the motion vas carried and so declared by the Mayor. On motion the Matter of the Jefferson Street Improvement District No. 1 be left over to the adjourned meeting. On motion the following reports were readr, accepted and ordered placed on file Treasurer, City Attorney, Marshall, Police Magistrate, General. Supt, City Clerk. On motion d.ly seconded and when when put to a vote carried the City Clerk was in- structed to withhold the City Physician and Food Inspector salary until such time ys officers saw fit to make a report. Attes vdhereupon Council adjourned until Sept, 22 1913, at 7.30 P. M. M—" ul/r Mayor City Clerk. ae