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HomeMy WebLinkAbout019 - 09/03/1921 - RELATING TO THE ASSESSMENT OF COST OF CONSTRUCTION OF IMPROVEMENTS IN ALLEY IMPROVEMENT DISTRICT NO. r ORDINANCE NO. / , 1221, BEING AN EIIERGENCY ORDINANCE RELATING TO THE ASSESSLIETT OF COST OF CONSTRUCTIOIT OF I TPROsrp-'>tE'NTS IN ALLEY IaMROVE;IENT DISTRICT NO. 3, OF THE CITY OF FORT COLLINS, AIM PROVIDING FOR THE PAYMENT AND COLLECTION T HEREOF. BE IT ORDAINED BY THE CITY COUP?CIL OF THE CITY OF FORT COLLINS: Section 1. That under and by virtue of the pro- visions of Ordinance ''Ko. 11 of said City of Fort Collins, duly adopted and approved on the 24th day of kpril, 1920 , Alley Im- provement District No. 3 was duly created and provisions made in said ordinance for the construction of certain improvements in said District , consisting of concrete pavin&, curbing and Z;utterirg, whore necessary, within the limits of said district ; 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 Co "-issioner of Works on, towit : the 30th day of July, 1221, 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 to the first day of August , 1021 , is 4PS ,133. 76; that in and by said report the Co=missioner of Torks , pursuant to report of the City Engineer , duly apportioned upon all of the lots or tracts of land abutting upon the alley im- proved in proportion as the frontage of each lot or tract of land is to all the frontage of all the lots or tracts of land so improved, the sides of corner lots abutting on streets or alleys so improved being regarded as frontage to the extent of twenty-five (25) feet , pursuant to the statute and the provisions t of Ordinance No. 11, 1920 , which said assessment was made in accordance with the provisions of Sections 5363 , 5364,,and 5366 of the Revised Statutes of 1908, and which said Alley Improvement District No. 3 is hereinafter 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 1,7orks and City Engineer being in accordance with the report of the City Engineer in respect to the pro- �osed assessments on each lot in said district . Section 2. That at the regular meeting of the City Council held on the 30th day of July, 1921 , said report of the Commissioner of Works and City Engineer concerning the said proposed assessients for improvements in Alley Improve- ment District No . 3 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 at one o'clock in the afternoon on the 3d day of September , 1921, 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 twenty days, addressed to the owners of property to be assessed in Alley Improvement District ? o. 3, stating the whole cost of the improvement and the share appor- tioned to each lot or tract of land in saia district , and noti- fying the owners thereof that any com- plaints or objections that right be made in writing by them to the City Clerk and filed in his office within thirty days from the publication of said no- tice, would be heard and determined by the City Council at a regular meeting thereof to be held on the 3d day of September , _2_ 1921 , at the hour of one o' clock in the afternoon of said day in the Council Chamber in the City :all in said City; that after said 'nearing the said 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 resolu- tion the City Clerk caused to be published said notice in the Fort Collins Courier , the official newspaper of said City of Fort Collins , for a period of twenty days, as provided by law, and that due proof of said 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 3d aay of September , 1921, the assessing ordinance for the cost of the improvewdnt;s in said Alley Improvement District No. 3 was ordered submitted for passage and adoption. Section 3. That the total cost of the improve- ments in said Alley Improvement District No. 3, under and by virtue of said Ordinance No . 11, 1920 , of said city, including the cost of inspection, collection and interest to the first day of August , 1921, amounts to6,183 .76, which said sum is hereby assessed upon the real estate in said Alley Improvement District Ito. 3, in accordance with the provisions of Section 53k# -4 ,534& 6363Aof the Revised Statutes of 1008, and the proportion of said cost assessed to each lot or tract of land in said Alley Improvement District No . 3, comprising the following lots and blocks in said district , shall be as follows, towit : _3_ j'LOT NO. PILOPMRTY OWN1311 Fron Cage Cost Foot Cost BLOCK 121 L Counter Printing and Pub)ishmg Com➢Anµ 23 l 3 - 3 , 4 7 1:21 ] fi G (oui ler Printing and Publishing Compa,nv ♦ 1 1. b. 24 7 1),'-,'fi W 2 1 L Ai sa.nler Ault ............................. 1-(; 3 21 GU Alesande Ault ........ .13 1 .t 24 775i11 1 Alexander Alit .. ..... ...... .... I .1 x 2'1 '.0 '5 Alexander Ault .............. ...7 1 -!1 _ 6 fi Alexander Ault ............... .1 l 3 _1 509 fi 1t7 µHie M. Thomas .. .. 24 a31' k40'.1) Allie MI Tho'tmas t ' 1. 8 1- t 40'9 VIIq M. Thomas as J 'd 8 1: L lU'1U 1l,. A. M lt...44.. t .4 CR1S Y 7 A. oult ... .... _5 2111211 44.04 11 limma A. K11l-k ...... ... l3 i-4 S 84 4{.Q4 .511'U"12 J. A. C. R e-,t k 11 3-4 3.::4,1 39.05 13 Stover Investment Company, ............... s� 3:3^_4' 83.1"_ 14 Lewis Investment .... n .. LG 24 83.1G L'a Lewis Secottt .. .. . .......... . [ .,..,>4 &P..12.. ill - Lewis Secord .. .. ..:......'.......... ..... 7., 3.391- 83.12 77 J. I. Alpert 3..iG 18 M, M. 4 rarlley 19 H. C. Bradley and Mwne M. 9tn rlt t 'C 1' - 8tr12, 20. if. C. BradleY and Mauele MvBrlellel S _ ,I L49+2, Gl li C. Bradley and Maude M. 112111c, 1 49�_, - 11 C Lr adleY en<I Maud, M 14r ❑ .`I 831 3 Young Men s (h istian Asso r Lin r1 Fort Collinµ 4 bung J1 eu s Christian Assru.I, Fort Collins .. ., .... _s ...,LI -S,.L' LG Young MIn's C1111stran "` e"a illon:at :LI b..,1$ Fort Collins .. .. ... ...................2:, 4.: "_9 Young Men's Christian,Am,w ult on of ;'..I 331.1:: 1 ort Collins - ..27 , IJOM C oodale .. .. 8 SG 28 r rILa Goodale ... .. .. + v4:12 I29 Lerch G. McHugh 3 12.T 3o 1.v11aL G. McHugh 8.. .. 't 12I 31 Pra.nk A. Mathews ... . ... 32 frank A. Mathe W5 1�,:I I Klb oG PI _t 1 i n '4 Ifi6 " 1 Eliza Alida Ii lllgote ! 1fi6 1 aus Blida K dlgore 3 Cyrus Bill-p. a 3.it 4 4.. 1lU,f G 4 Chorleg McIntosh .. .. g J. Funk g 1,1]1, S. Barkley Ji 3 { 4 St.O'7 LIIIa S. L1lli)QY . .. 10 iGl TT 41 f'l0'otW33'79tov,3t 1m .vl.l'ucnt (omnany .... 4,1i J_.L 1;- 91l \ti ES'8 'mover Inv stment Company ,1 i ,[4.. 16T.2� p Tho LLeetor, Cl,tweli Warders, and Vest Yth<n 3,:1:1 83.13 of St 1 ukes C hurc,h of FOIL CoR he - 10 The Piet or iJurrch Wardens, pnd Vcsuyrn t t - or -t. latkcs Chulch of Fort Collins 3 .`F $83.123.12 I .. S 2-I tl - Clara A 1-10<1 .... ........ .... . , Clara A.-k(o,.l to'. - . - :24 33.i1 i t'. ... .. •, 24 A3121 N Cia;ra A Noel 1U 3 94 33.2{I N1'14 Cltu'a A I-lool ' .. 16 33'4 _ 49 A6:� $1G'14 A W. Srat<t 33L4 831� 15 A W. Scott 3124 8.11^' ]8 A W. 30 l '4 :831'1 17 A W..S .. .. 3'4 8.11-..i is I 'P. B.e�kle 0 ] l 7 3 i'.4 41 1 P'ri 19 k F�'Pepiot4',ke •-.1 1 I-2 t 14 41 r 20 1,3'. Cordon MI 4 otherMll Contort h4 1 oth�.rg111 R'1 8812, N. A. 131WLlinrrne ... .. h GL . Rijb ee 1 ' I21 ... ... 's 1t 83 .I W. A. HaWUtorne ., , „q. 33.7n. „t MV. A. ,Hdgtforre .... ;. .I.'4 $373,� W.'A. fixtil^T1tornc .._. f) Section 4. All assessments herein provided for shall be due and payable within thirty days from the final passage and publication of this ordinance, without demand, pro- vided that all assessments may at the election of the owners of the property assessed be paid in twenty (90.) annual installments beginning Gel. o eh , 1921 , and payable annually on said last mentioned Sate thereafter, until the full amount thereof has been paid, with interest on the unpaid principal payable semi-annually at the rateof five and one-half 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 disability or otherwise, to pay in such installments . Section S. 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 imme- diately, 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 in- stallments, with interest at one (1) per dent per month, or fraction of 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 owner of any property not in default as to any installments or payments may at any time pay the whole of the unpaid principal, with the -5- 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 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 ad- vertised 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 penal- ties 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 Alley Improve- ment District Ido. 3 in proper form, showing in suitable columns each piece of real estate assessed, the total amount of the assess- . r. ment; the amount of each installment of principal and interest , and the date when each installment will be come 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 Treasu- rer and thereafter payments may be made to the City Treasurer at any time within thirty (30) days after the passage of this assess- ment ordinance, and the taking effect thereof. Upon the expira- tion of the thirty (30) days , the City Treasurer shall return to the City Clerk the assessment roll showing all pay* nts made at of each payment , and thereupon the City he date thereon, with t P Ym 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 was computed, the a=ount 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 or penalties. Said roll shall be certified by the City Clerk under the sen.l of t'ac city, and by him 4elivered to the County Treasurer of L3ximer 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 shall be accounted for and paid over to the City Treasurer on or be- fore the tenth day of the next succeeding calendar month, with separate statements for all such collections for each month. Section 11. The owner of any divided or undi- vided interest may pay his share of any assessment upon pro- ducing 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 ender and by virtue of the authority contained in Sections 3 and 77of 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 3d day of September , A .D . 1921. mmissioner o a e y ATTLIST: and Ex Officio Ilayor . STATE OF COLORADO ) COUNTY OF LARIMEER ) I , A. J. ROSENOW, City Clerk of the City of Fort Collins, c hereby certify and declare that the fore- going ordinance , consisting of twelve (12) sections , was duly proposed and read s.t length at a regul r meeting of the City Council held on the 3d day of September , 1921 , and was duly adopted and ordered published in the Port Collins Courier , a daily newspaper and the official newspaper of the City of Fort Collins , by the unanimous vote of all rjaembers of the Council, as an emergency ordinance, in accordance With the provisions of Sections c and 7 of Article Ii-of the City Charter; and thereafter, on towit: the _' day of September , 1921 , said Ordinance No. L_ was duly published in the Fort Collins Courier , a daily newspaper published in the City of Fort Collins, Colorado. IrT SIT TE E „'-HEREOF, I have hereun o set my hand and affixed the seal of said City this —J�= day of September, A.D. 1921. city erk.