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HomeMy WebLinkAbout010 - 04/14/1923 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN SANITARY SEWER DISTRICT NO ORDINANCE 110 /O , 1923 BEING AN M]ERGEFCY ORDINANCE RELATING TO THE ASSE9SP= OF THE COST OF CONSTRUCTION OF IMPROVE UTTS IN SANITARY SEDER DISTRICT NO 39 OF THE CITY OF FORT COLLINS AND PROVIDING FOR THE PAYt= AND COLLECTION THIMEOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CI^Y OF FORT COLLINS Section 1 That under and by virtue of the provisions of Ordinance No 26, 1922, of said City of Fort Collins, duly adopted and approved on the 28th day of October, A D 1922 Sanitary Sewer District No 39 was duly created and provisions made in said ordinance for the construction of certain improvements in said district, consisting of sanitary sewers that the said improvements as therein provided have been dulv constructed as provided by law and duly accepted by the City of Fort Collins as therein provided that thereafter the City Engineer and the Commissioner of Works on towit the loth day of March, A D 1923 duly reported to the City Council that the cost of construction of said improvements, including the cost of inspection collection and other incidentals and also including interest is $780 49 that in and by said report the Commissioner of Works, pursuant to the report of the City Engineer duly apportioned upon all of the lots or tracts of land in the district improved, in proportion as the area of each lot or tract of land is to the area of all the lots or tracts of land so improved, exclusive of public highways, *pursuant to the provisions of Sections 14 and 31 of Ordinance No 7, 1921, relating to local public improvements, and Ordinance No 26 1922, creating Sanitary Sewer District No 39, and which district is hereinafter more particularly described by lots and blocks, together with the apportionment and rate per square foot the said findings and report of the Commissioner of Works and 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 loth day of March, A D 1923 said report of the Commissioner of Works and City Engineer concerning said proposed as.essments for improvements in Sanitary Sewer District No 39 was by resolution of the City Council duly adopted for the purpose of consideration and determination at a regular meeting of the City Council to be held on the 14th day of April, A D 1923 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 dajs, addressed to the owners of property to be assessed in Sanitary Sewer District No 39, stating the whole cost of the improvements and the share apportioned to each lot or tract of land in said district and notifyirg the owners th reof that any complaints or objections that might be made in writing by them to the City Clerk and filed in his office within thirty 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 14th da3 of April, A D 1923 at the hour of eight o'clock in the forenoon of said day in the Council Chamber in the City gall in said City t'ha.t 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 Courier the official newspaper bf said City of Fort Collins, for a period of ten days as provided by ordinance and that due proof of said publication has been duly filed in the office of the City Clerk no complaints or objections having been filed, at said meeting of the City Council held on the 14th day of April, A D 1923 the assessing ordinance for the cost of the improvements in said Sanitary Sewer District No 39, gas ordered submitted for passage and adoption Section 3 That the total cost of the improvements in said Sanitary Sewer District No 39 under and by virtue of said Ordinance No 26, 1922 of said City including the cost of inspection collection and interest amounts to $780 49 which said sum is hereby assessed upon the real estate in said Sanitary Sewer District No 39 in accordance with the provisions of Sect ons 14 and 31 of Ordinance No 7 19,81 relating to local public improvements and the proportion of said cost assessed to each lot or tract of land in said Sanitary Sem r District No 39, comprising the following lots and blocks in said district, shall be as follows RINAL ASSESSMENT ROLL FOR SANITARY SEWER NUMBER 391, BLOCK 2v PROSPECT PLACE LOT NUMBER PROPERTY OWNER AREA RATE TOTAL COST l Gordon M Bothergill 7950 0109 86 73 E4812 Horioe Peak 7200 0109 78 54 W4t 2 Charles G Saidow 600 0109 6 54 3 Charles G Sriidow 7800 0109 85 08 4 G D Lawson 6000 0109 65 45 5 Myrtle Cyphers 6000 0109 65 45 6 Goo Sauer (Estate) 6000 0109 65 45 7 Elisabeth H Shol me 6000 0109 65 45 8 Mary L Been WOO 0109 65 45 9 Mary E Bean . 6000 0109 65 45 10 Mary E Bean WOO 0109 65 45 11 Marph E Bean WOO 0109 65 45 Section 4 All assessments herein provided for shall be due and payable within thirty 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 assessed be paid in ten (10) equal installments, beginning t/&&_eaF/ 1923 and payable annually on said last mentioned date(/thbreafter until the full amount thereof has been maid with interest on the unpaid principal payable semi-annually at the rate of six per cent Der 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, to pay in such installments Section 6 Failure to pay any installment, 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 Drior to the day of sale the owner may Day the amount of all unpaid installments, with interest at one (1) per cent per month, or fraction of a month, and all Denalties accrued, and stall thereLpon be restored to the right to pay the installments in the same mannor as if default had not been suffered The owner of any property not in default as to any installments or payments may at any time pay the whole of the unpaid principal with interest accrued to the matLrity of the next installment of interest or principal Section 7 Payments may be made to the City Treasurer at any time within thirty (30) days of the final Dassage and publication of this ordinance and an allowance of five (5) per cent discount shall be made on all Dayments made during such period only Section 8 In case of default in the payment of any installment of principal and interest wren due, any and all property 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 titres and in the same manner under 941 the satre 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 Section 9 It shall be the duty of the City Clerk to prepare the *=gztxg foregoing assessment roll in said Sanitary Sewer District No 39 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 amoi.nt or of any installment or penalty and deliver the same to the City Treasurer and thereafte*- payments may be trade to the City Treasurer at any 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 payments -nade 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 whole amount of the assessment 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 become due, with suitable columns for use in case of the payment of any installments or penalties Said roll shall be certified by the City Clerk under 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 Sec ion 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 rie s%a.re of any assessment upon producing evidence of the extent of his interes satisfactory to the officers Having the roll in charge Section 12 In the opinion of the City Council an emergency exists for the preservation of the public health, peace and safety and tris 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 the members of the City Council this 14th day of April, A D 1923 mmissiorer of Safety afid ExOfficio Mayor ATTEST City Clerk STATE OF COILOPMO ) ) SS COJITPY OF 1 ARIMER ) I A J ROSMT0W, City Clerk of the City of Fort Collins do hereby certify and declare that the foregoing ordinance consisting of t valve (12) sections, was dull proposed and read at length at a regular meeting of the City Council held on the 14th day of April A D 1923, and was duly adopted and ordered published 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 %nth the pro- visions of Sections 6 and 7 of Article IV of the City Charter and thereafter, on towit the day of April A D 1923 said 0-dinance To /o ti,as duly published in The Fort Collins Courier, a da.ilj newspaper published in the City of Fort Collins Colorado IN WITTESS Wt1REOF, I have hereunto set my hand and affixed the seal of said City, tnis T day of April, A D 1923 49Ayiau--r' Citv Clerk