HomeMy WebLinkAbout016 - 08/02/1929 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN WHEDBEE STREET IMPROVEMENT f i 1
ORDINANCE NO 16 , 1929,
BEING AN EMERGENCY ORDINANCE RELATING TO ZTHE ASSESSMENT OF THE COST
OF CONSTRUCTION OF IMPROVEMENTS IN WHEDBEE STREET IMPROVEMENT
DISTRICT NO 33, OF THE CITY OF FORT COLLINS, COLORADO, AND PROVIDING
FOR THE PATMENT AND COLLECTION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS
Section 1 That under and by virtue of the provisions of
Ordinance No 17, Series of 1928, passed and adopted on tha 14th
day of July, A D 1928, Whedbee Street Improvement District
No 33 was duly created and provisions made in said ordinance for
the construction of certain improvements in said district, consist-
ing of grading, guttering, curbing, graveling, and draining where
necessary of the street area in said district, between curbs,
comprising all the lots and blocks and lands abutting on said
Whedbee Street, as follows, to-wit Blocks 157, 167, 1580 168,
159 and 169 in the City of Fort Collins, Colorado being Whedbee
Street from the South side of Laurel Street to the North side of
Elizabeth Street That the said improvements as therein provided
have been duly constructed as provided by law and duly accepted by
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the City of Fort Collins as therein provided , tht thereafter the City
Engineer and the Commissioner of Works, on to-wit the 21s t day of
June, A D 1929, duly reported to the City Council that the cost
of the construction of said improvements, including the cost of
inspection, collection and other incidentals , and also including
intereet, is $7,549 11, that in and by said report the Commissioner
of Works, pursuant to the report of the City Engineer, duly apportion-
ed upon all the lots or tracts of land in the district improved, in
proportion as the frontage of each lot or tract of land in the
district is to the total of all the frontage so improved, pursuant
to the provisions of Ordinance No 7, 1921, relating to local
public improvements , as amended by Ordinance No 9 1926, and
Ordinance No 17, 1928, creating Whedbee Street Improvement District
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No 33, and which district is hereinafter more particularly described
by lots and blocks, together with the apportionment and rate per
front foot, the said findings and report of the Commissioner of
Works and the City Engineer being in accordance with the report of
the City Engineer in respect to the proposed assessment on each lot
in said district
Section 2 That at the regular meeting of the City Council
held on the 28th day of June, A D 1929 , said report of the
Commissioner of Works and City Engineer concerning said proposed
assessment for improvements in Whedbee Street Improvement District
No 33 was by resolution of the City Council duly adopted for t1B
purpose of consideration and determination at a regular meeting of
the City Council to be held on the 2nd day of August, A D 1929,
pursuant to a notice of the City Clerk as provided by law, that in
and by said resolution the City Clerk was instructed and directed
to publish notice in the official newspaper of the City of Fort
Collins for a period of ten (10) days, addressed to the owners of
property to be assessed in Whedbee Street Improvement District
No 33, stating the whole cost of the improvements and the share
apportioned to each lot or tract of land in said district, and
notifying the owners thereof that any complaints or objections that
might be made in writing by them to the City Clerk and filed in his
office within thirty (30) days from the publication of said notice,
would be heard and determined by the City Council, at a regular
meeting thereof to be held on the 2nd day of August A D 1929
at the hour of eight o'clock in the forenoon of said day in the
Council Chamber in the City Hall in said City, that after said
hearing the City Council would take up the matter of the passage of
an ordinance assessing the cost of said improvements, that pursuant
to the authority contained in said resolution the City Clerk caused
to be published said notice in the Fort Collins Express-Courier,
the official newspaper of said City of Fort Collins, for a period of
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ten days, as provided by ordinance , and that due proof of publication
has been duly filed in the office of the CityvClerk, no complaints
or objeotions having been filed, at said meeting of the City
Council held on the 2nd day of August, A D 1929, the assessing
ordinance for the cost of the improvements in Whedbee Street
Improvement District No 33 was ordered submitted for passage and
adoption
Section 3 That the total cost of the improvements in
Whedbee Street Improvement District No 33, under and by virtue of
said Ordinance No 17, 1928, of said City, including the cost of
inspection, collection and interest , amounts to $7,549 11, which
said sum is hereby assessed upon the real estate in said Whedbee
Street Improvement District No 33, in accordance with the provisions
of Ordinance No 7, 1921, relating to local public improvements, as
amended by Ordinance No 9, 1926, and the proportion of said cost
assessed to each lot or tract of land in said Whedbee Street
Improvement District No 33 comprising the following lots and
blocks in said district shall be as follows
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FINAL ASSES== ROLL FOR WIMBEE STREET IMPRt VMMT DISTRICT NLMER 33
LOT BE,OCb PROPX= MN3FR FRO A L RUIS STIMET WX ALM STE UM C3,C a
IVTIR. INTER CRIDIT CRZDIT 0405T
- - 3197 beorge 1. Vraper p�a -- --- .5
" W 50•-5.90'1�2-5 157 Carl Flack 50 .258 12.90
s I.500VA00' 1-2-3 167 Charles 0. Henderson 50 .2fS 12.90
W. 50, 1-2-3 157 Charles A Tenaen 50 .258 12.90
4 157 Leon T Tresner 50 2.8402 50 258 50 .1097 160.39
5 157 W B Irby Jr. 100 2.8402 180 .1097 178.20 "552p07/�7
9 501 7-8 158 Rose b Barker 50 .258 12.90
19.40* S 140f 7-8 158 A.l xahrx and
Rath &. Kahrs 40 .258 10,32
Be 100 f $ 158 T Russell Johnson 50 2.8402 150 .258 180.71
B 1001 7 158 O.H Heider 50 2 8402 30 •a" 154.91
6 158 Ida Uaccawley 50 208402 50 .258 154.91
i 1:50 Tennie Johnson 50 20"02 50 0258 154.81.
4 158 The Industrial Building
and Lean Assooiatlon 50 2.8402 50 Saba 154.91
3 158 Lillis y Zabel 50 2.8401 50 .258 154.91
2 158 George Charkey 50 2.8402 50 .258 154.91
1 US George Charkey 5O 2.8402 240 .258 203.93
A 50" 1-2-3 159 Flora R. 3teiewanger 50 2.8402 200 .258 50 91097 51;BE
s 39t• of H.3TjT
of 1-2-3 159 mayme 8 King 57425 2*8402 57.25 .258 37.25 .1o97 119.51
8.40* 1-2-5 159 falter W, Culbortaqu,
Lula A. Culbertson 40 2*8402 40 .258 40 *1097 128.33
4 159 Tehn A Robinson 50 .258 12.90
S 40t 18 159 Donald .7 Melvin 1.27.25 Z 8402 127.25 .1097 575.37
21 162 C L Harvey aad
Nellie Y. Harvey 152 2.8402 14 95 .258 152 .1097 452.a4
It 105• 19-20 169 T Russell Johnson,
Raymond 0 Tohnsoa and George ► Johnson 102.1 2.8402 207.1 .258 10E.1 .1o97 354.61
R 155F 19-20 169 S W Robinseaq
'1llma V, Robinson 85 .258 21.93
16 168 Harry Speak 50 2 8402 240 .254 203..93
15 166 Harry Speck 50 001.8402 50 .258 154.91
t- 14 168 Carl R. Brant 50 2.8402 50 .258 154.91
r�
MOMITEMER M' rV 1 & L RA ... 1 !u V C&G, TOTAL
IrTLR XTER CRL+IT CREDIT COST
13 Its Carl ran E0 u. 8 154091
12 168 '"illifsm Schaller 50 2.8402 50 .258 19 eo 135 41
11 188 m Co HofixanFr tww i4 d/e 50 2.840 C 50 .2!�58 154.91
10 168 Thurman E Brown �« 50 2.&40ti 50 .258 49.50 105.41
".Wanda
9 168 t xiubbs " ,3� 50 2,0402 240 .258 203.93
16 167 Ultpn 7 Nichol song
Slizaboth V V. Nicholson SO 2.8402 240 .258 50 .1097 19.50 169.91
15 167 Alice S. Milnes 50 2.840f 50 .258 50 .1097 19 50 140.89
14 167 Cora . Horsley 50 2.8402 50 .258 50 .1097 19.50 140.89
13 167 ErnasV Rossi 50 2 8402 50 .258 50 .1097 19.FJO 140.89
S W2I 12 167 Thorns$ L. Hopkins 72 2*840fIo 72 .1097 212.39
It, 108* 12 167 Otle Reese aa4
Iva Ft, Reese 106 w.8402..___-___ _-.�10Ei-_,1097---__,.------- 318.59
City of Fort Collins, * east of street Intersections 767.37
City of Fort Collins, credits for 2301 of curb and gutter at 99 � per foot and
2501 curb at 39� per foot ------------------------------------------- 325 20
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Section 4 All assessments herein provided for shall be
due and payable within thirty (30) days from the final passage and
publication of this ordinance, without demand, provided that all
assessments may at the election of the owners of the property to be
assessed be paid in ten (10) equal installments, beginning
September 15, , 192 9 , and payable annually on said last
mentioned date thereafter, until the full amount thereof has been
paid, with interest on the unpaid principal payable semi-annually
at the race of five (5%) per cent per annum
Section 5 Failure to pay the whole of the assessment
within the said period of thirty (30) days shall be conclusively
considered and held an election on the part of all persons
interested, whether under disability or otherwise, tp pay in such
installments
Section 6 Failure to pay any installments, whether of
principal or interest, when due, shall cause the whole of the unpaid
principal to become due and payable immediately, and the whole amount
of the unpaid principal and accrued interest shall thereafter draw
interest at the rate of one (1%) per cent per month, or fraction of
a month, until the day of sale as hereinafter provided but at any
time prior to the day of sale, the owner may pay the amount of all
unpaid installments, with interest at one (1%) per cent per month,
or fraction of a month, and all penalties accrued, and shall there-
upon be restored to the right to pay the installments in the same
manner as if default had not been suffered The owners of any
property not in default as to any installments or payments may at
any tir-e pay the whole of the unpaid principal with interest accrued
to the maturity of the next insuallment of interest or principal
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Section 7 Payments may be made to the City Treasurer at
any time within thirty (30) days of the final passage and publication
of this ordinance and an allowance of five (5%) per cent discount
shall be made on all payments made during such period only
Section 8 In case of default in the payment of any
installment of principal and interest when due, any and all pro perty
concerning which such default is suffered shall be advertised by
the County Treasurer and sold for the payment of the whole of the
unpaid assessment thereon, at the same time or times and in the same
manner, under all the same conditions and penalties and with the same
effects as are provided by law for sales of real estate in default of
the payment of general taxes
Secticn 9 It shall be the duty of the City Clerk to
prepa.Le the foregoing assessment roll in said Whedbee Street
Improvement District No 33 in proper form showing in suitable
columns each piece of real estate assessed, the total amount of the
assessment, the amount of each installment of principal and interest,
and the date when each installment will become due , with suitable
columns for use in case of payment of the whole amount or of any
installment or penalty, and deliver the same to the City Treasurer
and thereafter payments may be made to the City Treasurer aty
time within thirty (30) days after the passage of this assessment
ordinance and the taking effect thereof Upon the expiration of the
thirty (30) days, the City Treasurer shall return to the City Clerk
the assessment roll showing all pgrments made thereon, with the date
of each payment , and thereupon the City Clerk shall prepare a
permanent local assessment roll in book form showing in suitable
columns each piece of real estate or property upon which the
assessment is unpaid, the date to which the same is computed , the
amount of each installment of principal and interest , together with
two (2%) per cent additional thereon as collection charges of the
County Treasurer, and the date when the same will became due , with
suitable columns for use in case of the payment of any installments or
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penalties Said roll shall be certified by the City Clerk undet the
seal of the City, and by him delivered to the County Treasurer of
Larimer County with his warrant for the collection of the same
Section 10 All collections made by the County
Treasurer on said assessment roll in any calendar month shall be
accounted for and paid over to the City Treasurer on the first day of
each and every month, with separate statements for all such collections
for each month, in the same manner as general taxes are paid by the
County Treasurer to the City
Section 11 The owner of any divided or undivided interest
may pay his share of any assessment upon producing evidence of the
extent of his interest satisfactory to the officers having the roll
in charge
Section 12 In the opinion of the City Council an
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emergency exists 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 contained in
Sections 6 and 7 of Article IV of the City Charter
Introduced, read at length and adopted by the unanimous
vote of all members of the City Council this 2nd day of August,
A D 1929
omm ss on r o a e a Ex-Orri-did mayor
ATTEST
City Cleric
STATE OF COLORADO )
COUNTY OF LARIlI ER SS
I, A J ROSENOW, City Clerk of the City of Fort Collins,
do hereby certify and declare that the foregoing ordinance consisting
of twelve (12) sections was duly proposed and read at le4h at a
regular meeting of the City Council held on the 2nd day of August ,
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A D 1929, and was duly adopted and ordered published in the Fort
Collins Express-Courier d daily newspaper and the official
newspaper of the City of Fort Collins, by the unanimous vote of all
members of the City Council, as an emergency ordinance in accordance
with the provisions of Sections 6 and 7 of Article IV of the City
Charter of the City of Fort Collins, and thereafter and on to-wit
the 6th day of August, A D 1929 , said Ordinance No 16 was
duly published in the Fort Collins Express-Courier, a daily newspaper
published in the City of Fort Collins, Colorado
IN WITNESS WHEREOF, I have hereunto sit my hand and
affixed the seal of said City this 6th day of August, A D 1929
City Clerk