HomeMy WebLinkAbout001A - 01/03/1930 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN NORTH MACK STREET IMPROVEM ORDINANCE NO 1 , 19309
BEING AN EhMGENCY ORDINANCE RDLATI.LdG TO 71 E ASSESSMENT OF THE
COST OF CONSTRUCTION OF IMPROVMfENTS IN NORTH MACK STREET
IMPROVEMENT DISTRICT NO 389, OF THE CITY OF FORT COLT-INS
COLORADO, AND PROVIDING FOR THE PAYMENT 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 11, Series of 1929 , passed and adopted on the
21st day of June A D 1929 , North Mack Street Improvement
District No 38 was duly created and provision made in said
ordinance for the construction of certain improvements in said
district, consisting of grading, guttering curbing, graveling
and draining where necessary, of the street area in said district
for a distance of approximately thirty (30) feet between curbs
said district comprising the lots and blocks and lands abutting
on said street as follows, to-wit Lots 20 30 16, 179, 18, 19, 20,
259 26, 28 29, 30 and 31 all in Morger-Smith Subdivision in the
City of Fort Collins, Colorado, being Mack Street from the North
line of West Mountain Avenue to the South line of Laporte Avenue
in said city That the said improvementiz as therein provided
have been duly 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 to-wit the
22nd day of November 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 interest , is $3351 87 that in and by said report the
Commissioner of Works, pursuant to the report of the City Engineer,
duly apportioned 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,
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relating to local public improvements, as amended by Ordinance
No 9, 1926, and Ordinance No 11, 1929, creating North Mack
Street Improvement District No 38, and which district is herein-
after 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 29th day of November, A D 192R , said report
of the Commissioner of Works and City Engineer concerning said
proposed assessment for improvements in North Alack Street
Improvement District No 38 was by resolution of the City Council
duly adopted for the purpose of consideration and detemmination
at a regular meeting of the City Council to be held on the 3rd day
of January, A D 1930, 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 news-
paper of the City of Fort Collins for a period of ten (10) days
addressed to the owners of property to be assessed in North Huck
Street Improvement District No 38, 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 Dublication of said notice wculd be heard and determined by the
City Council at a regular meeting thereof to be held on the 3rd day
of January, A D 1930, 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 conta,nad in said
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resolution the City Clerk caused to be published said notice in
the Fort Collins Exvress-Courier, the official newspaper of said
City of Fort Collins, for a period of ten days , as provided 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 3rd
day of January, A D 1930, the assessing ordinance for the cost
of the improvements in North Mack Street Improvement District
No 38 was ordered submitted for passage and adoption
Section 3 That the total cost of the improvements in
North Pack Street Improvement District No 38, under and by virtue
of said Ordinance No 11, 1929 of said City, including the cost of
insuection, collection and interest , amounts to $3351 87 which said
sum is hereby assessed upon the real estate in said North Mack
Street Improvement District No 38 , in accordance with the pro-
visions of Ordinance No 7, 1921, relating to local public
improvements, as amended by Ordinance No 9 1926, and the pro-
portion of said cost assessed to each lot or tract of land in said
North Mack Street Improvement District No 38 comprising the follow-
ing lots and blocks in said district shall be as follows
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BTRW s 15TAz
ADDITW PPOPEEM {)MER FRONTAGN RATE COST RATE COF-?# COST
3 Morger-Smith William To Lawark 150 2.92 438.07 .113 16.94 455.01
20 Morger-with rohn W* Rose 45 2.9E 131.42 .113 5008 136.50
19 Marger-smith J. W. Howe 45 2092 131.42 .113 5008 136.50
18 Xorger-with Ous Pastor and Gustav* Pastor 45 9*92 131042 .115 5908 130050
17 Horger-smith Frank Neece and flora Cameron 45 2002 151.42 0113 5*08 136.50
16 Morger-Smith Rosa Elle Moore 45 2*92 lu*42 .113 5.08 136050
Con. 631518 395.15tz of
the NW *ore of 8W} of Sec.
11.T 7N9 A69W of 6th P.M.
th 11190. 1X50* +8190' ,th
W50+ to beginning U.M VqD. Reiener 190 2.92 554.88 .113 21*46 576.34
26 Morger-nth C Juel 165 2092 481.87 0113 18.64 500.51
29 rorger-Smith Ads Me Jurgens 56.5 2*92 165*01 .113 6.38 171059
28 Morger-Sbdth To b. Austin 56 2092 163.54 .113 6032 169.86
31 Morger-Smith Rosa Ella Moore 56 2.92 16%*64 .113 6.3E 169.86
30 No5rser-Smith Sliver btate Building and Loan
Assooiation 56.F> 24,92 165.01 .113 6030 171.39
2 Norpr-:.with Frenoes A!"
407uth (1/9) ;
Raohel A. Roe (1/5) 0 Franklin
Pleroe Riddle (1/5) Arthur N
Riddle (1/5) ; Lelbog T. Riddle(1/5)150 9 92 4WO07 .113 16.94 455*01
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
annual
be assessed be paid in ten (10) equa.1/installments beginning
February 15 , 1930, 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 five (5%) per cent per annum
Section 5 Failure to pay zhe whole of the assessment
within said period of thirty (30) days shall be cnnclusively
considered and held an election on the part of all persons
interested whelhher 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 prior to the date of sale , the owner may pay the amount of all
unpaid installments with interest at one (1%) per cent per mnnth
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 time pay the whole of the unpaid principal with interest accrued
to the maturity of the next installment of interest on 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 made on all payments made during such period only
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Section 8 In case of default in the pa4pment 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 payment of the whole of the unpaid
assessment thereon, at the same time or tines 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 North Mack Street
Improvement District No 38 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 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 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 u-)on 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 become due, with suitable columns for use in case
of the payment of any installments orjpenalties 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
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Section 10 All collections madd 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 sta$ements for all such collections for
each month, in the same manner as geneLal 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
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 zhe unanimous
vote of all members of the City Council this 3rd day of January,
A D 1930
ommissioner o a e y 7 Ex-Offlb
MayorATTEST
ityC Clerk
STALE OF COLORADO )
SS
COUNTY OF LARIMER )
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
length at a regular meeting of the City Council held on the 3rd
day of January, A D 1930, 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 zhe
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 7th day of January A D 1930
said Ordinance No 1 was duly published in the Fort Collins
Express-Couri-r, 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 7th day of January A D 1930
City Clerk