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HomeMy WebLinkAbout006 - 11/24/1933 - AMENDING ORDINANCE NO. 007, 1921, RELATING TO LOCAL PUBLIC IMPROVEMENTS, COVERING THE MATTER OF THE ORDINANCE NO 0a , 19339 BEING AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO 79 19219 RELATING TO LOCAL PUBLIC IMPROVEMENTS, PASSED AND ADOPTED APRIL 2, 1921, REPEALING CERTAIN PORTIONS THEREOF AND ADDING CERTAIN SECTIONS THERETO, COVERING THE MATTER OF TBE IMPROVEMENT OF DITCHES AND CANALS WITHIN THE CORPORATE LIMITS OF THE CITY OF FORT COLLINS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1. That that portion of paragraph numbered one of Section 4 of Ordinance No. 7, 1921, which reads as follows "No petitioner, his heirs or assigns, shall be permitted to withdraw his name from the petition within nine (9) months from the time the petition is so filed, " be and is hereby repealed and that there be added to said section in place of the portion hereinabove repealed, the following "Signers upon such petition may withdraw their names therefrom as provided in Section 3 of Article XX of the Charter of the City of Fort Collins " Section 2 That that portion of paragraph numbered three of Section 6 of said ordinance, which reads as follows "No petitioner, his heirs or assigns, shall be permitted to withdraw his name from the petition within nine (9) months from the time the petition is so filed (or after the same has been filed with the City Clerk and the Council fails to order such improvement on such petition)", be and the same is hereby repealed and in place of said portion hereby repealed, there shall be added "Signers upon such petition may withdraw their names therefrom as provided in Section 3 of Article XX of the Charter of the City of Fort Collins " -1- Section 3 That the first sentence of Section 17 of Ordinance No. 7, 19219 is hereby repealed and in lieu thereof the following shall be inserted All assessments made in pursuance of this ordinance shall be a lien in the several amounts assessed against each lot or tract of land from the publication of the assessing ordinance, and shall have a priority orer all other liens in the same manner as general taxes now provided by law Section 4 That there is hereby added to said Ordinance No 7, 1921, the following sections, to-wit Section 34 In addition to the other powers given in Ordinance No 7, 1921, and amendments thereof, to the City Council, it shall be lawful for the City Council to order the improvement of any ditch, lateral or drain or to remove the same after the improvement has been completed by such beneficial construction as the City Council may determine with respect to the particular improvement undertaken The same may be done where such ditch, lateral or drain is partly in the streets or alleys of the City and partly upon private property The said City Council hereby determines that the interests of the City of Fort Collins and the inhabitants thereof can not be adequately served and the property fully benefited by improvement of the portion of such ditch, lateral or drain entirely in the streets or alleys of the City, but that the entire improvement must be carried on as a unit Section 35 No improvement of any ditch, lateral or drain as above mentioned, shall be ordered by the City Council until a petition for the same is first presented, subscribed by the owners of 1% of the area included within any proposed improvement district seeking the improvement or betterment of any ditch, lateral or drain, said petition shall -2- generally describe the kind of improvement contemplated, the area of the proposed district and must be subscribed and acknow- ledged in the manner provided by law for the acknowledgment of deeds of conveyance of real estate by the owners of the real property to be assessed within said district, or by agents of said owners duly authorized by power of attorney, acknow- ledged in like manner Withdrawals from said petition may be made in the manner provided in Section 3 of Article = of the City Charter If within the time specified in the notice provided to be given by this ordinance for the creation of the improvement district, remonstrances against the making of the improvement proposed shall be filed with the City Council, sub- scribed and acknowledged as above provided by the owners of not less than 51% of the area of the real estate to be assessed within said proposed district for said improvement of said ditch, lateral or drain who shall sign said remonstrance and not have withdrawn therefrom as provided by Section 3 of Article %X of the City Charter, then said petition/shall be denied by the City Council, Section 5 That Section 11 of said Ordinance No. 7, 19219 is hereby repealed and said section be made to 1 read as follows Section 11 DITCHES AND LATERALS - COST HOW APPORTIONED In the case of the improvement of any ditch, lateral or drain, or the removal of the same after the improve- ment has been completed, whether said ditch, lateral or drain be wholly within the streets and alleys of the City of Fort Collins or partly in the streets or alleys of the City and partly upon private property, the City Council shall determine -3. what portion of the entire cost, if any, of the improvement shall be borne by the City at large and the remaining cost shall be assessed against the property specially benefited according to the benefits accruing to the various properties within said district as finally determined by the City Council after hearing thereon as hereinafter provided Section 6 All the terms and provisions of Ordinance No 7, 1921 and amendments thereof with respect to improvement districts for paving or sewers, shall be applicable to improvement districts for the improvement or removal of ditches, laterals and drains, except as in this ordinance otherwise provided and in such case the provisions of this ordinance shall govern Section 7 When any such petition asking for the improvement of any ditch, lateral or drain has been filed with the City Council and found to be proper in form and suffi- ciently signed, the City Council shall, by advertisement for two successive weeks, once each week in the official newspaper pub- lished in the City of Fort Collins, give notice to the owners of real estate in the district and to all persons interested generally and without naming such owners or persons 3m interest, but briefly stating the kind of improvement proposed without complete plans and details, setting forth the probable cost there- of and the probable cost to each lot or tract separately owned, the number of installments in which the cost is to be paid and the time within which payments are to be made the maximum rate of interest upon unpaid installments, the extent of the district to be assessed by locality or other brief description, and stating that, on a day certain not more than ten (10) days following the last publication, the said City Council will meet and determine the special benefits to the respective properties in said district -4- and hear complaints with respect to the amount of special benefits so found accruing to any property, and that after hearing and determining all of such matters, the City Council will then consider the ordering by ordinance of the proposed improvements and also hear and determine all complaints and objections that may be made and filed with respect to any matter touching said improvements All such complaints and objections shall be made and filed in writing by the owner of any real estate within the district or any person interested, and that oral com- plaints and objections may also be heard and considered at the same time, also said notice shall advise those interested that a map of the district and estimate of the cost of the improvement and the probable benefit to the various properties as well as all other proceedings and records in connection with the proposed improvement will be available at said hearing Said hearing may be continued from time to time by the City Council as may be deemed advisable Any person not appearing and filing a complaint or objection as aforesaid, shall be deemed to accept the actions of the City Council theretofore had in connection with said improve- ments, including the determination of the maximum benefits to the respective properties The cost of the improvement, less the portion assessed against the City at large, together with other charges on account of the same as determined by the City Council, shall be assessed upon the lots and tracts in the district, in proportion to the special benefits theretofore found by the City Council to accrue to the several lots and tracts in said district No assessment against any property within the district shall be greater than the maximum amount fixed and determined by the City Council at the hearing above provided for -5- Section 8 All actions, legal or equitable, for relief against any proceeding provided for under this ordinance and under Ordinance No, 7, 1921 and all amendments thereof, whether based upon irregularities or jurisdictional defects, shall be commenced within thirty (30) days after the wrongful act complained of, or else be thereafter perpetually barred Section 9 In the opinion of the City Council an emergency exists for the preservation of the public health, peace and safety, ana 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 at a regular meeting held this 24th day of November, A D 1933 Commiaaioner of Safety and -0 fficio Mayor Attest City Clerk STATE OF COLORADO ) ss County of Larimer ) I, A T ROSENOW, City Clerk of the City of Fort Collins, do hereby certify and declare that the foregoing Ordinance, consisting of nine (9) sections, was duly proposed and read at length at a regular meeting of the City Council held on the 24th day of November, A D 1933, and was duly adopted and ordered published in the Fort Collins Express- Courier, a 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, and thereafter and on to-wit the 2gt-n day of Novemuer, A D 1933, said Ordinance No. 4- 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 set my hand and affixed the seal of said City, this day of November, A D 1933 / City Clerk