HomeMy WebLinkAbout028 - 12/17/1927 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN WEST MOUNTAIN AVENUE IMPRO ORDINANCE NO 4 , 1927,
BEING All EMERGENCY ORDINANCE RELATIM TO TM ASSESSMENT OF THE COST
OF CONSTRUCTION CF IMPROVEME7.`ITS TH WEST MOUNTAIN AVENUE IM11ROVEMENT
DISTRICT NO 249 OF THE CITY OF FORT COLLINS, COLORADO, AND PROVIDING
FOR THE PA)MENT AND COLLECTIJU T I ETIMOF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS
Section 1 That under and by virtue of the Two visions of
Ordinance No 5, 1927, duly passed and adopted on the. 9th day of April,
A D 1927, West Mountain Avenue Improvement DLstrict No 24 was duly
created and provisions made in said ordinance for the consztrixtion of
certain improvements in said district, consisting of grading, paving,
guttering, curbing and drainage where necessary, Df the street area in
said district comprising all the property fronting on said West
Mountain Avenue, or abutting thereon, from the end of the present
paving on the North side of West Mountain Avenue to the City limits
at Larnmer County Canal No 2, in the City of Fcrt Collins, Colorado
That the said improvements 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: 5th day of November,
A D 192% duly reported to the City Council that the cost of con-
struction of said improvements, including the cost of inspection,
collection and other incidentals , and also including interest, is
$129871 32 for paving and $614 93 for drainage, being a total of
$13,486 25, 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 and area ®J1 e&0h1jdt or tract of land in
the district is to the total of all the frontage and area of all the
lots or tracts of land so improved, pursuant to the provisions Cf
Ordinance No 7, 1921, relating to local public improvements, as
amended by Ordinance No 9, 1926, and Ordinance No 5, 1927 , creating
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West Mountain Avenue Improvement District No 24 , and which district
is hereinafter more particularly described by lots and blocks ,
together with the apportionment and rate per front foot and per
square 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 cn each lot
in said district
Section 2 That at the regular meeting of the City Council
held on the 12th day of November, A D 1927 , said report cf the
Commissioner of Works and City Engineer concerning said proposed
assessment for improvements in West Mountain Avenue Improvement
District No 24 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 17th day of December,
A D 1927 , pursuant to a notice of the City Clerk as provided by
law, that in and by said resolution the City Clerk was imtructed
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 West Mountain Avenue
Improvement District No 24, stating the whole cost of the improve-
ments 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 vomiting 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 17th day of
December, A D 1927, at the hour of eight o 'clock in the forenoon
of said day in the Coun(bil 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 improve-
ments , that pursuant to the authority contained in said resolution
the City Clerk caused iio be published said notice in the Fort Collins
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Exuress-Courier, the official newspaper of said City of Fort Collins,
for a period of ten daya, as provided by ordinance and tYat 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 CouncilVheld on the 17th day of December , A D
1927, the assessing ordinance for the cost of the improvements in
West Mountain Avenue Improvement District No 24 was ordered
submitted for passage and adoption
Section 3 That the total cost of the improvements in West
Mountain Avenue Improvement District No 24, under and by virtue of
said Ordinance No 5, 1927, of said City, including the cost of
inspection, collection and interest , amounts to $13,486 25, which
said sum is hereby assessed upon the real estate in said '!lest
Mountain Avenue Improvement District No 24, in accordance with the
provisions of Ordinance No 7 , 1921, relating to local public
improvements , as amended by Ordinance No 9, 1926, and the: proportion
of said cost assessed to each lot or tract of land in said `lest
Mountain Avenue Improvement District No 24 comprising the followingg
lots and blocks in said district, shall be as follows
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Section 4 All assressments herein provided for shall be due
and payable within thirty (30) days from the f inal 1:a ssage and
publication of this ordinance, without demand, provided that all
assessments may at the election of the owners of the property to be
assessed be paid in twenty (20) equal installments, beginning
r 192$, and payable annually on
said last mentioned date thereafter, until the full amount thereof
has been paid, with interest on theunpaid principal payable semi-annually
at the rate of four and three-quarters (4-3/00 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
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disabi7ky or otherwise, to 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, ant the whole amount
of the unpaid principal and accrued interest shall thereafter draw
interest at the rate of one (1fo) 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 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
unpaid principal with interest accrued to the m!ktu.rity of the next
installment of interest or principal
Section 7 Payments may be made to t1a City Treasurer at any
time within thirty (30 ) days of the final passage axid pablicationof
this ordinance and an allowance of f ive (5%) per cent discount .shall
be made on all payments made during such.. period mly
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Section 8 In case of default in the payment of any ins-zallment
of principal and interest when due, any and all property concerning
which such default is suffered shall be advertised by t1-P, 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 c ondit ions 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 West Mountain Avenue Improvement
District No 24 in pribper form showing in suitable columns each piece
of real estate assessed, the total amount of the assessment, the
amount of eadh 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 mrde 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 become due, with suitable columns for use in case
of the payment of any irstallments 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 Iarimer County with his warrant
for the collection of the same
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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 pawl by the County
Treasurer to the City
Section 11 The owner of ar{y 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 tba 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 c ontaire d 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 17th day of December,
A D 1927
ommissioner o Sa e y d Ex-0f icijt Mayor
ATTEST
City Cler
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STATE OF COLORADO )
SS
COUNTi OF LARIMER )
I, A J RQSENOW, City Clerk of the City of Fort Collins ,
do hereby certify and declare that the foregoing ordinance consisting
of twelve (12) sections was duly broposed and read at length at a
regular meeting of the City Council held on the 17th day of December,
A D 1927 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 of
the City of Foit Collins , End thereafter and on to wit the ?,O �
day of December , A D 1927, said Ordinance No was duly
published in the Fort Collins Express-Courier a daily newspaper
published in the City of fort Collins, Colorado
IN WITNESS PMREOF, I have hereunto set my hand and affixed
the seal of said City this _,M day of December, A D 1927
City Clerk
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