HomeMy WebLinkAbout004 - 08/24/1945 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN SANITARY SEWER DISTRICT NO ORDINANCE NO 4 , 1945
BEING AN EMERGENCY ORDINANCE RELATING TO THE ASSESSMENT OF
THE COST OF CONSTRUCTION OF IMPROVrMENTS IN SANITARY SMVER
DISTRICT hO 48 OF THE CITY OF FORT COLLINS, COLORADO, AND
PROVIDING FOR THE PAYN1ENT AMID COLLECTION THEREOF
BE IT ORDA-INED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS
Section 1 That under and by virtue of the provi-
sions of Ordinance No 3 of the Series of 1944 of said City of
Fort Collins , duly passea and adopted on the 8th day of Decem-
ber, A D 1944, Sanitary Sewer District No 48 was duly created
and provisions made in said ordinance for the construction of
certain improvements in said district, consisting of a sanitary
sewer line within the limits of the said district , that the
said improvements as therein provided have been duly constructed
as proviaed by law and duly accepted by the City of Fort Collins
as therein proviaed, that thereafter the City Engineer and the
Commissioner of Works , on, to-wit the 13th day of July, A D.
1945 , duly reported to the City Council that the cost of con-
struction of said improvements , including the cost of inspection,
collection, ana other incidentals , and also incluaing interest,
is $1638 87 , that in and by saia report the Commissioner of
Wozks , pursuant to the report of the City Engineer, duly appor-
tioned upon all of the lots or tracts of lana in the district
improved, in proportion as the area of each lot or tract of land
is to the total area of all the lots or tracts of land so im-
proved, exclusive of public highways , pursuant to the provisions
of Ordinance No 71 1921, relating to local public improvements ,
as amended, ana Ordinance No 3 , 1944, creating Sanitary Sewer
District ho 48, and which district is hereinafter more particu-
larly described by lots and blocks and parcels describea by metes
and bounas, together with the apportionment and rate per square
foot, the said findings and report of the Commissioner of Works
ana City Engineer being in accordance with the report of the
City Engineer in respect to the proposed assessment oneach lot
or parcel in said district
Section 2 That at the regular meeting of the City
Council held on the 13th day of July, A D 1945 , said report
of the Commissioner of Works and City Engineer concerning said
proposed assessment for improvements in Sanitary Sewer District
No 48 was by resolution of the City Council duly adopted for
the purpose of consiaeration ana determination at a regular
meeting of the City Council to be held on the 24th day of
August, A D 1945 , 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 ce assessed in
Sanitary Sewer District No 48, stating the whole cost of the
improvements and the share apportioned to each lot, parcel , or
tract of land in said district , ana 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
days from the first publication of said notice, would be heard
and determined by the City Council , at a regular meeting thereof,
to be hela on the 24th day of August , A D 1945 , at the hour
of seven o' clock in the forenoon of said day, in the Council
Chamber at the City Hall in said City, that after said hearing
the City Council woula 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
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caused to be published said notice in the Fort Collins Colo-
raaoan, the official newspaper of said City of Fort Collins,
for a period of ten days , as proviaed by ordinance , and that
due proof of 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 24th
day of August , A D 1945 , the assessing ordinance for the
cost of the improvements in said Sanitary Sewer District No
48 was ordered submitted for passage and adoption
Section 3 That the total cost of the improvements
in said Sanitary Sewer District No 48, under and by virtue of
said Ordinance No 3 , 1944, of said City, including the cost
of inspection, collection, ana interest, amounts to $1638 87,
which said sum is hereby assessed upon the real estate in
said Sanitary Server District No 48, in accordance with the
provisions of Ordinance No 7, 1921, relating to local public
improvements , as amended, and the proportion of said cost
assessed to each parcel, lot or tract of lana in said Sanitary
Sewer District No 48, comprising the following parcels , lots
and blocks in saia district, shall be as follows
ASSESSMENT ROLL
SANITARY SEadER DISTRICT NO 48, BLOCK 186
Sq Ft Sq Ft
Description Owner Area Rate Amount
North 40 ft of West Half James B and
of Block 186 Rosie Ramsey 7600 0071 53.96
Beg 40 ft South of NWT
corner Block 186 , South
147 ft , East 190 ft ,
North 147 ft , West 190 ft Delia M. Dickin-
to beginning son 27930 .0071 198.30
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Sq Ft Sq Ft
Description Owner Area Rate Amount
Beg 187 ft South of NW corner Joseph D and
Block 186, South 150 ft , East Bernice W
190 ft , North 150 ft , West Dickson
190 ft to beginning 28500 .0071 202 35
Beg 337 ft South of NW corner
Block 186, South 50 ft , East Victor L and
190 ft , North 50 ft , West Lydia A Fors-
190 ft to beginning berg 9500 0071 67 45
Beg 387 ft South of IAA corner
Block 186 , South 150 ft , East Railway Build-
190 ft , North 150 ft , West ing & Loan
190 ft to beginning Association 28500 0071 202.35
Beg 437 ft South of EW corner
Block 186 , South 50 ft , East Raymond L. and
190 ft , North 50 ft , West Marie L New-
190 ft to beginning ton 9500 .0071 67.45
South 50 ft of West Half of
Block 186 Mamie Lawson 9500 0071 67 45
Beg. at SE corner of Block 186,
West 190 ft North 200 ft ,
East 68 ft , South 70 ft , East Winslow P and
122 ft , South 130 ft to begin- Cora M Wheelock
ning 29460 .0071 209.17
Beg 130 ft North of SE corner
Block 186, West 122 ft , North
70 ft , East 122 ft , South 70 Dora and Jacob
ft to beginning Vail 8540 0071 60 63
Beg 200 ft North of SE corner
Block 186, West 190 ft , North
100 ft , East 190 feet, South
100 ft to beginning Lydia Neider 19000 0071 134 90
Beg. 300 ft North of SE corner
Block 186, West 190 ft , North
337 ft , East 95 ft , South 237
ft , East 95 ft , South 100 ft Florence L
to beginning Wire 41515 215 00
Beg at NE corner of Block 186,
South 237 ft , West 95 feet,
North 237 ft , East 95 ft to
beginning Emma Mosher 22515 .0071 159 86
242060 $1638.87
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 assessed
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be paid in five equal installments , beginning October 1, 1945 ,
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 rate of six
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 inter-
ested, 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 ana payable immediately, and the
whole amount of the unpaid principal and accrued interest shall
thereafter draw interest at the rate of one per cent per month,
or fraction of a month, until the day of sale as hereinafter pro-
vided, but at any time prior to the day of sale the owner may
pay the amount of all unpaid installments , with interest at one
per cent per month, or fraction of a month, and all penalties
accrued, and shall thereupon 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 time pay the whole of the
unpaia principal with interest accrued to the maturity 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 passage and
publication of this ordinance, and an allowance of five ( 5%) per cent
discount shall be mane on all payments made during such period
only.
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Section 8 In case of default in the payment of
any installment of principal and interest when due, any and
all property concerning which such default is suffered shall
be advertised by the County Treasurer and sold for the pay-
ment 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
Section 9 It shall be the duty of the City Clerk
to prepare the foregoing assessment roll in said Sanitary Sewer
District No 48 in proper form showing in suitable columns each
piece of real estate assessed, the total amount of the assess-
ment , the amount of each installment of principal and interest,
and the date when each installment will become due, with suit-
able 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 ana thereafter payments may be made to the City
Treasurer at any time within thirty ( 30) days after the passage
and publication 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 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 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,
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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
collectiom 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
emergency exists for the preservation of the public health,
peace and safety, and this ordinance shall take effect upon
its passage, under ana by virtue of the authority contained
in Sections 6 ana 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
24th day of August, A D 1945
Commissioner of Safety nd ex-officio
Attest Mayor
City Clerk
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STATE OF COLORADO, )
ss
County of Larimer )
I, Miles F House, City—Clerk of the City of Fort
Collins , do hereby certify and declare that the foregoing
ordinance, consisting of twelve (12 ) sections , was duly pro-
posed and read at length at a regular meeting of the City
Council held on the 24th day of August, A D 1945 , and was
duly adopted and orderea published in The Fort Collins Colo-
radoan, a daily newspaper ana 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 with the
provisions of Sections 6 and 7 o* hrticle IV of the City Charter ,
and thereafter and on, to-wit the 28th day of August, A D
1945 , said Ordinance No 4 was duly published in the Fort
Collins Coloradoan, a daily newspaper published in the City of
Fort Collins, Colorado
IN 4dTNESS ffHEREOF, I have hereunto set my hand and
affixed the seal of said City this 28th day of August,
A D 1945
City Clerk