HomeMy WebLinkAbout032 - 10/13/1928 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN JACKSON AVENUE IMPROVEMENT r -
}1
ORDIN4NCE NO Vo1C/ , 1928,
BEING AN EMAERGEITCY ORDInkNCE RELATING TO THE ASSESSMENT OF TFE
COST OF COiTSTRUCTION OF IIaPROVUAHI TTS IN JACKSON AVEITUE INPROVE-
IVIENT DISTRICT NO 30, OF THE CITY OF FORT COILINS, COLORADO ,
AIM PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF
BE_IT ORD4INED BY THE CITY COUPTC IL OF THE CITY OF FORT COLLINS
Section 1. That under and by virtue of the provisi ns
of Ordinance No 27, Series of 1927 , passed and adopted on the
12th day of November , A D 1927 , Jackson Avenue Improvement
District No 30 was duly created and provisions made in said
Ordinance for the construction of certain improtements in said
district , consisting of grading , guttering , curbing, graveling ,
and draining where necessary, of the street area in said district
for a distance of approximauely sixty (60 ) feet between curbs ,
said street area to be graveled with six (6) inches of local
gravel, said district comprising all the property fronting on
Jackson Avenue , or abutting thereon , as follows, to-wit
Blocks 6 and 9 , Scott-Sherwood Addition to the City of Fort
Collins, Colorado, and also
Commencing at a point 950 feet West of the
Southeast corner of Section 10, Township 7 North,
Range 69 West , thence West 1921 feet along section
line to a point 2453 feet East of the Sou.tIviest
corner of Section 10, Township 7 Forth, Range 69
West , thence North 24 degrees 15 minutes West
277 4 feet , thence East 42 feet to center of Iarimer
County Canal No 2, thence North 6 degrees 30 minutes
East 137 feet along center of Larimer County Canal
No 2, thence North 42 degrees 40 minutes East 350 feet,
thence North 3 degrees 30 minutes East 450 feet , thence
North 28 degrees West 257.5 feet , all along line of
Larimer County Canal No 2, thence East 1845.6 feet to
a point 950 feet West of center of Shields Street and
570 feet South of center of Mountain Avenue , thence
South 1363.2 feet to the place of beginning. Also
including that portion of the Northeast Quarter of
the Northwest Quarter and the Forthwest Quarter of the
Northeast Quarter of Section 15, Township 7 Nortll ,
Range 69 West lying North of County Road , and on the
South and West side of what is hiown as Sheldon Lake
as well as said lake and the land thereunder, containing
62 7 acres, more or less ,
being Jackson Avenue from the South property line of West Oak
Street to the North property line of Magnolia Street , in the
jI I , % 1
City of Fort Collins , Colorado That the said improvements as
therein provided have been duly constructed as provided by law
and drily accepted by the City of Fort Collins as therein provided,
that thereafter the City Engineer and the Commissioner of Works ,
on to-wit the 1st day of September, A. D 1928, 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 $4,823,181
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 d-istrict 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 , relating to local public
improvements, as amended by Ordinance No. 9, 1926, and Ordinance
No. 27, 1927 , creating Jackson Avenue Improvement District No. 30,
and which district is hereinafter mere 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 8th day of September, A. D 192f3 , said report
of the Commissioner of Works and City Engineer concerning said
proposed assessment, for improvements in Jackson Avenue Improvement
District No. 30 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 13th day
of October, A. D 1928, pursuant to a not ice 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
-2-
T
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 Jackson Avenue Improvement District No 30, stating the whole
cost of the improvements and the shaireapportioned 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 publication of said notice, would be heard
and determined by the City Council, at a regular meeting thereof
to be held on the 13th day of October, A D. 1928 , 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 contained in said resolution the City Clerk caused to
be published said notice in the Fort Collins Express-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 13th day of
October, A D 1928, the assessing ordinance for the cost of
the improvements in Jackson Avenue Improvement District No. 30
was ordered submitted for passage and adoption.
Section 3. That the total cost of the improvements an
Jackson Avenue Improvement District No 30 , under and by virtue
of said Ordinance No 27, 1927 , of said City , including the cost
of inspection, collection and interest , amounts to $4,823 189,
which said sum is hereby assessed upon the real estate in said
Jackson Avenue Improvement District No 30, in accordance with
the provisions of Ordinance No. 7, 1921, relating to local
-3-
I
public improvements, as amended by Ordinance No 9, 1926, and
the proportion of said cost assessed to each lot or tract of
land in said Jackson Avenue Improvement District No. 30 com-
prising the following lots and blocks in said district , shell
be as follows
-4-
mew- CM AND
Lt3'i' KMX ADDITION pilKE9E AS RAZE O RATS ,'1 M COST
MWN
S Seott rwaed 1 YUO T. 1.858 1.2 37 1t6.74
`•8 23* to 6 * WYU4 T. N"h as 1.00 1.1Pd'! 7S.a7
S � 10 4 " =1oa T. nesft 35 1.828 1.207 75.37
11 219m To MMdIL w 3.$n u"T 146.74
Is d " KUWA rt t. Sou 50 1*02s 2.101 1"474
23 i " J.. Be cahm 50 1.826 5a .183 97.75
t 14 6 +kDaw G. FUU7 19"S In .128 07.70
350*14-16-16 6 * Sdi$h P. DR,tr s .] i20 08
W1009 10 4 ' saner B. R=A rwM DQ 1.838 so .288 1.107 2b3.21
11 ! MUdrod l *AnoU7 60 1.888 50 .1S@ 10207 133.21
N 13fi 13 5 V&Id"d SmAxW2 y 15 I*=$ 25 .2RB 1.101 45094
$ 359 12 0 no Q. erblasact it ! 35 1.858 Sb * g lWILO7 10TAL7
g 55* 1s 5 Bi. 0-01RObiaaou Sstater 35 1.0w 3L.I07 3.020,71,
S is It 13 ! " =thsl K* Sb*f" 23 I*M 1.101 "As
14 9 =thtl nesbafeer so 10028 1.101 14A.74
1+si 4 TAU Be B200mta2l 5o 1.883 61.38
lb 4 IOU Be BZOWDAll w 1.8'$B 91.38
�
Iles" 1.107 t5 s6 Gouts (Me-bslf o"t of in#ra tolo")
C1 .
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 be
assessed be paid in ten (10) equal installments,. beginning
'] e C. e"-r 6e)- / '�7, , 1929, and payable annually on
said last mentioned date thereafter until the full amfu.nt 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 -oay 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 persms
interested, whether under disability or otherwise to pay in such
installments
Section 6 Failure to isy any installments , 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 day of sale the owner may
pay the amount of all unpaid installments with interest at one
(1fo) per cent per month or fractinn 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 wIrle of the unpaid principal with
interest accrued to the maturity of the next installment of
interest or principal
1 !
•
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
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 payment 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 Jackson Avenue
Improvement District No 30 in proper form showing in suitable
columns each Diece 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 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 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 (2yoj per cent additional thereon as
collection charges of the County Treasurer and the date when the
M
r�
same will become due, with suitable columns for use in case of the
payment of any installments of 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
Section 10 All collections made by the County Treasurer
on said assessment roll in any calendar month Mall be accounted
for and paid over to the City Treasurer on the f irst day of each
and every month, with separate statements for all such collections
for each month, in the same memner 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
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 13th day of
October, A D 1928
ommissioner o Saf an Ex-0 fi o Mayor
ATTEST
C�Jty Clerk
STATE OF COLORADO )
} SS
COUNTY OF LARII'IER )
I A J ROSENOV`l, City Clerk of the City of Fort Collins,
do hereby certify and declare that the foregoing ordinance con-
sisting of twelve (12 ) sections was duly proposed and read at length
at a regular meeting of the City Council held on the 13th day of
October, A D 1928, 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 Fort Collins, and thereafter and on to-wit
the day of October A D 1928, said Ordinance No 3�
was duly published in the Fort Collins Exroress-Courier, a daily
newspaper published in the City of Fort Collins, Colorado
IN IITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of slid City , this L7`47hay of October A D
1928
City Clerk