HomeMy WebLinkAbout007 - 04/02/1921 - RELATING TO LOCAL PUBLIC IMPROVEMENTS UNDER THE AUTHORITY CONFERED BY THE AMENDMENT TO SECTION 1 OF ORDINANCE NO. . 1921,
BEING AN ORDINANCE RELATIP;G TO LOCAL PUBLIC I11PROVEMENTS UN-
DER THE AUTHORITY CONFERRED BY THE A.IENDTIENT TO SECTION 1 OF
ARTICLE XVII OF TIE CITY CHARTER, PASSED AND ADOPTED APRIL 41
1920, COVERING ALL FORYIS OF LOCAL, PUBLIC IMPROMLENTS, ASSESS-
1ENTS FOR TIE COST THEREOF AND THE ISSUANCE OF BONDS IN nAY11ENT
OF TIE COST OF SUCH I;JPROVEIENTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS:
Section 1 . It shall be lawful for the City Council
to order the constructions of any of the local improvements herein-
after mentioned, and to assess the cost wholly or in part upon the
property especially benefitted as hereinafter provided.
Section 2. All local improvements shall be con-
structed under the general direction and control of the Commission-
er of works and in the immediate charge, direction and supervision
of the City Engineer , or other officer designated for such purpose,
all in accordance with maps, plans and specifications adopted by
the City Council , all said work of construction to be by indepen-
dent contract , except as hereinafter provided.
Section 3. Before any improvement hereinafter des-
cribed shall be ordered by the City Council, it shall be done by
ordinance.
Section 4. The improvements w'rich may be authoriz-
ed by the City Council by ordinance may consist of grading, paving,
curbing, parking, or otherwise improving the whole or part or parts
of any street or streets , alley or alleys, or any one or more of
said improvements , and in case of grading and surfacing of streets
the same may include curbing and cross-,walks where necessary, or
otherwise improving the sa:�e area; said improvements may also con-
sist of the construction of sanitary, district and storm sewers
and drains, and such other public works as may be considered
necessary, and be properly authorized by the City Council;
provided
(1) ;o improvement shall be ordered by the City
Council unless a: petition for the same is first presented, sub-
scribed by the o�mners of one-third the frontage to be assessed
for such improvements, and not less Than one per cent of the
owners of property for sanitary and storL: sewers , except alleys
and streets connecting paved or airfaced districts where the dis-
tance between improved streets does not exceed one blocki pro-
vided further that the City Council shall deem such proposed
improvement good and sufficient for the particular locality, and
the kind of pavement named in the petition and the material to
be used shall not be restricted to any particular name or local-
ity or brand or source, which petition must be duly subscribed
and acknowledged in the manner provided by law for the acknow-
ledgment of deeds of conveyance of real estate by the owners or
the agents duly authorized by poser of attorney, acknowledged
in like manner; no petitioner, his heirs or assigns , shall be
permitted to withdraw his name from the petition within nine
(9) months from the time the petiticn is so filed. All requests
for withdrawal must be subscribed and acknowledged as aforesaid.
(3) Where the paving petitioned for in one or
more petitions is substantially the same, the improvement may
be included within one district , and in such case such petitions
shall be considered as a unit for the purpose of retition and
remonstrance.
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(3) That if owing to peculiar conditions only
exceptional pieces of -real estate need be excepted from the dis-
trict and the improvement ordered, and provided further that ex-
cept on petition, no paving district shall include more than
twelve (12) blocks of street with intersections.
Section 5. Upon receiving; and approving a peti-
tion for the creation of a paving district , the City Council
shall by resolution order the City Engineer to make the neces-
sary surveys, mar. , plans and specifications.
Section S. It shall be lawful for the City
Council to organize paving; districts, sanitary sewer districts
and storm sewer districts in the territory recommended by the
Commissioner of 'Forks, and pursuant to petition; and further, it
may improve by placing in conduit, containing walls or oover/ or
in any way improve a canal, lateral or drain, which shall be' a
benefit to the surrounding property or the City at large; pro-
vided:
(1) Before ordering the improvements mentioned
in this section or any of them, the City Council shall adopt
full details and specifications for the same, permitting and en-
couraging competition; determine the number of installments and
time in which the cost shall be payable , the rate of interest on
unpaid installments , and the district of lots and lands to be
assessed for the same, and shall cause the City Engineer to ;cake
an estimate of the total cost of such improvements, exclusive of
the per centum for cost of collection and other incidentals, and
of interest to the time the first installment comes due, and a
map of the listrict to be assessed, from which map the approxi-
mate share of said total cost that will be assessed upon each
piece of real estate in the district may be readily ascertained,
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and no contract shall be let for any amount exceeding the esti-
mate of the engineer.
(2) The City Council shall, by advertisement for
two successive weeks, once each week, in the official newspaper
published 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, but naming
the kind of improvement proposed, without mentioning minor de-
tails or incidentals, the number of installments and the time in
which the cost of improvements will be payable , the rate of in-
terest on unpaid installments, the extent of the district to be
assessed by locality and other brief description, the probable
cost as shown by the total estimate of assessment by the engineer,
the maximum share of said total estimate per front foot where
assessment per front foot or per square foot on ordinary lots of
50 x 140 feet , where the assessment is made according to area
that will be assessed upon any lot or lands in the district , and
in case the assessment shall be made otherwise than per front
foot or square foot , the said maximum share to be assessed upon
any lot orVlands in the district or to any person shall be stated
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according to the method of assessment adopted in the district ,
and the time, not less than thirty (30) days after the first pub-
lication, when the City Council will consider the ordering by
ordinance of the proposed improvements, and hear all complaints
and objections that may be made and filed in writing concerning
the proposed improvements by the owner of any real estate to be
assessed or any persons interested; that said map and estimate
and all proceedings of the City Council in the premises are on
file and can be seen and examined in the City Clerk' s office dur-
ing, business hours at any time within said period of thirty days
by any person interested.
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(3) If the o,mers of one-third of the frontage
of real estate to be assessed shall petition for paving and name
some kind of substantial -paving, then the improvement shall be
ordered, provided the City Council shall deem such proposed im-
provement and the kind of paving named good and sufficient for
the particular locality, then the kind of paving named shall be
used, except that no petition or specifications shall name any
material from any specified locality, quarry or kiln, or of any
particular name , make, brand or source. The petition must be
subscribed and acknowledged in the manner provided by law for
the acknowledgment of deeds of conveyance of real estate, by
the owners or agents duly authorized by po:arer of attorney, ac-
.
,cno.vledned in like manner, of one-third frontage of the real
estate to be assessed for the same. No petitioner , his heirs
or assine, shall be permitted to withdraw his nape 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 improvements on such peti-
tion) . All requests for withdrawal must be subscribed and ac-
knowledged as aforesaid. Where the paving petitioned for in
any number of petitions is substantially the same, the improve-
ment may be included in one district , but in such case each peti-
tion shall be considered a unit for the purpose of petition and
remonstrance , and may be considered a unit for any othertpurpose
the Council may direct , but no petition shall be required to
authorize the City Council to order miy paving mentioned in this
section, provided that no pavin- alone, or in combination with
other improvements, and the petition therefor has been filed as
aforesaid, shall be ordered, if the amount to be assessed there-
for upon any piece of real estate shall exceed one-half its
valuation for assessment for r,eneral taxes for the year preceding;
the proposed order , provided that if owin to peculiar conditions
any exceptional pieces of reel estate may be excepted from the
district and the improvement ordered; and provided further, that
the City at large may be charged with the lots so excepted from
the district , and provided that except on petition no paving
district shall include more than twelve (12) blocks of street
intersections .
(4) If within the titte specified in said notice
remonstrances against the making of all the improvements proposed
shall be filed with the City Council, subscribed and acknowledged
as above provided for, petitions by the owners of not less than
fifty-one (51) per cent of the frontage of the real estate to be
assessed for paving alone, or for paving in combination with
other improvements, without paving, the improvements shall not
be made, provided that the construction of sanitary and storm
sewers shall not be subject to remonstrance. No owner , his
heirs or assigns , who shall have signed and not withdrawn from
a paving petition before the eaze is filed with the City Clerk
shall be permitted to sign a remonstrance against the paving pro-
posed.
(5) In all specifications for material to be
used in public improvements of every kind, the City Engineer
shall establish a standard of purity, strength and quality, to
be demonstrated by physical and chemical tests within the limits
of reasonable variations, such as rattler, crushing, absorption,
chemical and other tests, and in every instance the material
shall be described in the specifications either by standard or
quality, as will aduit of genuine competition between contrac-
tors , so that there can be at least two or more bids by in.divi_
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duals or companies not in any manner connected with each other,
and no materials shall be specified which shall not be subject
to such competition.
(6) All proceedings by the City Council may be
modified, confirmed or rescinded by the Council at any time
prior to the passage of the ordinance authorizing the improve-
ments, provided that no substantial change in the district , map,
details, specifications or estimate shall be made by the Council
after the first publication of the notice to property owners.
(7) In all cases of paving the specifications
and contract may provide that the bidders shall guarantee that
the paving shall remain in good order and repair for a period
of time to be fixed by the City Council and make all necessary
repairs during such period without further compensation, pro-
vided that in case of cement concrete curb, gutter or sidewalk,
the specifications and contract shall provide for a guaranty of
two years, and the City Council may provide for a guaranty for
a reasonable time not to exceed two years of all other work.
(8) If at the time of the passage of the ordi-
nance authorizing the improvements for any district , any piece
of real estate in the district has the whole or any part of the
proposed improvements conforming or approximately conforming to
the general plan of the City Council, the City Council may adopt
the sa::,e in whole or in part and make the necessary c'-.anges,
making th-. same conform to the general plan, and the owner of
such real estate shall, when the assessment is made , bs credited
with the amount which is saved by reason of adopting or adapting
such existing improvements.
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(9) The finding; of the City Council by ordinance
that aiy improvements provided for in this ordinance were duly
ordered after notice duly given, or that a petition or remon-
strance was or was not filed, or was or was not duly subscribed
and acknowledged by the required number of owners, as in this
ordinance provide,., shall be conclusive in .,very court or other
tribunal.
Section 7. ASSESSMEIT OF THE COST - HOW APPOR-
TIOIJED. In case of the improvement of any street as hereinabove
provided, except as otherwise provided in this ordinance, the
cost of improvement , except the intersections of streets and
alleys and except the share to be paid by street or other rail-
way companies, shall be assessed upon all the lots and lands
abutting on the streets improved in proportion as the frontage
of each lot or tract of land is to the frontage of all the lots
and lands so improved; provided that where the lots and lands
abutting on the streets improved are not of substantially equal
depth or where any such lots or lands are less than 150 feet in
depth, then if the City Council so determines, the real estate
abutting upon the street improved may be assessed to a substan-
tially equal depth not more than 150 feet from the street im-
proved, without regard to lot or land lines, as the City Council
may determine, and in all such cases the Council may divide the
depth of the real estate so to be assessed into from two tm six
zones parallel with the street improved, and apportion the
amount to be paid by the entire depth to the different lots in
proportion to the benefits received by each zone and whenever
a lot or land lies within such zone, the City Council may deter-
mine the proportion to be assessed against the real estate lying;
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on each side of such line within_ the zone, provided that no
improvement districts for the combined grading, curbing, gut-
tering and surfacing of any street which constitutes or is
suitable for a Zeneral thorofare or boulevard, the whole or
any part of the cost of either grading or surfacing or both
may be prowled by ordinance , and the rer.ainder of the total
cost of such combined improvements shall be assessed and paid
for as in other cases of grading, curbing, gutterin and sur-
facing. For the purpose of assessment the sides of corner
lots shall be treated as frontage when the street upon which
such sides abut is improved.
Section 3. ISITERSECTIONS. In case of the irr_
provement of any street , except as otherwise provided herein,
the cost of the improvements in each street intersection, ex-
cept the share to be paid by street or other railway companies,
and except not more than three-fourths to be paid by the City
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at large, shall be assessed on all the frontage on the street
improved, and on the intersecting streets within a distance of
one-half block in each direction from such intersection, in
Proportion to the frontage of each piece of real estate on the
street improved, or on both sides within said distance; and
the cost of each alley intersection shall be assessed upon all
the real estate in the same block in proportion to the frontage
on the street improved.
Section 9. The paving; of any alley or alleys
connecting with any paved streets, when ordered by the City
Council, shall not be the subject of remonstrance, 'but the owners
of frontage to be assessed shall have the right to file written
objections and complaints to such paving as herein provided.
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Section 10. IRREGULAR SHAPES - HOW COST ASSESSED.
Then any real estate is V shaped, or of any irregular shape, the
City Council may make such allowance in the assessment thereon as
to it seems equitable or just , or may refuse to make any allow-
ance and in case of intersections, the Council may order not to
exceed three-fourths of the cost of the intersection to be paid
by the City and the remainder mly shall in such case be assessed.
Section 11. CANALS ANT LATERALS - COST HOT APPOR-
TIONED. In the case of the improvement of any canal, lateral or
drain, or the re,-.-,oval of the same after the improvement has been
completed, the City Council shall determine what proportion of
the cost , if any, shall be borne by the City at large and the re-
maining cost shill be assessed against the property benefitted in
the following manner: The district to be benefitted shall be
divided into from three to six zones, at the discretion of the
City Council, said zones not to extend more than 1800 feet from
the canal, lateral , drain or improvement ; the City Council shall
then determine the proportion of the cost to be assessed to each
zone .
Section 12. The term "street" as used in this
ordinance shall include alleys, boulevards , and other highways;
the term "real estate" shall be held to mean all lands, either
platted or unplatted, regardless of lot or land lines . Lots,
plots, blocks and other subdivisions may be designated in accor-
dance with any recorded plat thereof, and unplatted lots by de-
finite description.
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Section 13. CONTRACTS. All contracts for local
improvements and all other contracts involving, expenditures,
shall be let by the Commissioner of Safety and Ex Officio 1:ayor ,
upon the recommendation of the City Council, after the passage
of the original ordinance authorizing the improvemients on con-
tracts. All contracts shall be to the best , reliable and respon-
sible bidder, after public advertisement by the City Council for
not less than ten days in the official newspaper. Any other mode
of letting such contract shall be illegal and void , and no such
contract shall be made without a bond for its faithful performance,
and as a further condition, said bond shall provide for the prin-
cipal and surety paying any differences that may arise on the con-
tract for labor and material , in addition to the completion of
the contract , which bond small have sufficient surety or sureties
to be approved by the Commissioner of Safety and Ex Officio iayor .
Upon default of the perfoniance of any contract , the City Council
may readvertise and let a contract for the uncompleted work in
like manner without further ordinance , and charge the cost there-
of to the original contractor upon his contract; and when a de-
ficiency shall in such case occur the City Council may advance
the amount thereof out of any available fund of the City and
recover the same by suit on the original contract and bond. In
all advertisements the Council shall reserve the right to reject
all bids and upon rejecting all bids may again advertise without
further ordinance, or may order the work done by the Commissioner
of Works by day labor.
Section 14. CERTIFICATE OF ASSESSMENT. Upon the
completion of any local improvement and acceptance thereof by
the City Council , upon the recommendation of the City Engineer,
the City Engineer shall prepare a statement , showing the whole
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cost of the improvement , including not to exceed seven per centum
additional for cost of collection and of making the assessmient
and certifying the same to the County Treasurer for collection,
and other incidentals , and including interest to the next suc-
ceeding date upon which general taxes or the first installment
thereof are by the laws of the State of Colorado made payable,
and apportion the same upon each lot or tract of land to be
assessed for the same, as in this ordinance provided, and shall
cause the sari to be certified and filed in the office of the
City Clerk.
Section 15. ADVERTISMIENT. The City Council
shall thereupon order the City Clerk by advertisement for ten
days in the official newspaper published in the City, to notify
the o,m ers of the real estate to be assessed and all persons
interested generally, and without naming such o-,vners or persons
that said improvements have been completed and accepted, specify-
ing the whole cost of the improvements and the share so appor-
tioned to each lot or tract of land or person, and that any com-
plaint or objection that may be made in writing by such owner ,
owners, or persons to the City Council and filed with the City
Clerk within thirty (30) days from the first publication of such
ncwice, will be heard and determined by the City Council at its
first regular meeting; after the expiration of said thirty days
before the passage of any ordinance assessing the cost of said
improvements.
Section 16. CO',IPLAINTS - HEARING. After the
period specified in such notice, the City Council sitting as a
board of equalization, shall at its next regular meeting, or an
adjournment thereof , hear and determine all such complaints and
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objections, and may confirm the apportionment or make any modi-
fications which may seem equitable and just after the considera-
tion of all objections to the apportionment . If any change in
the apportionment shall be made by the City Council, it shall
be referred to the Commissioner of Works , who shall cause to be
prepared a new apportionment and an assessing ordinance in accor-
dance therewith, and transmit the same to the City Council. The
assessing ordinance shall assess the cost of the improvement
against the real estate to be assessed in the district in the
proportion finally determined.
Section 17. ASSESSMENT A LIEN. 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 over all other liens except general taxes. As to the
subdivisions of any real estate assessed in pursuance of this
ordinance, the assessment shall in each case be a lien upon all
the subdivisions in proportion to their respective areas. No
delays, errors, defects or irregularities in any act or proceed-
ing authorized by this ordinance shall prejudice or invalidate
any final assessment , but the same shall be remedied by subse-
quent or amended acts or proceedings as the case may require,
and when so remedied the same dhall take effect as of date of
the original act or proceeding.
If in any court of competent jurisdiction any final
assessment made in pursuance of this article is set aside for
irregularity in the proceedings , then the council may, upon re-
commendation and notice as required in the making of an original
assessment , ma(e a new assassment in accordance with the provi-
sions of this ordinance, apportioning the cost and expense of
the new assessment as may be determined just and equitable by
the City Council . _13_
Section 18. ASSESSMENT DUE IN THIRTY DAYS.
All assessments made in pursuance of this ordinance shall be
due and payable within thirty (30) days of the publication of
the assessing ordinance, without demand, provided that all such
assessments may at the election of the owners be paid in in-
stallments, with interest as hereinafter provided. Failure to
pay the whole assessment within said period of thirty (30) days
shall be conclusively considered and held an election on the
re whether under disability or
part of the persons interested, e y
otherwise, to pay in such installments. All persons so electing
to pay in installments shall be conclusively considered and held
as consenting to said improvements, and such election shall be
conclusively held and considered as a waiver of any and all
rights to question the power or jurisdiction of the City to con-
struct the improvements, the quality of the work, the irregula-
rity or sufficiency of the proceedings, or the validity or
correctness of the assessment.
Section 19. Immediately upon the adoption of the
assessing ordinance the City Clerk shall prepare an assessment
roll, 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 , if in pursuance of this
ordinance the same is payable in installments, and date when
such installments become due, with suitable columns for/use in
case of the payment of the whole amount , or of any installment
or penalty, and certify the same to the City Treasurer for col-
lection.
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Section 20. INSTALLMENTS. In ordering any such
public improvements, the City Council shall have the power to
provide therein that the cost of such improvements may be paid
by the property owners in installments of not less than two nor
more than twenty equal installments of principal, the first of
which installments shall be payable in not less than one nor
more than five years , and the last in not less than twenty years
with interest in all cases on the unpaid principal , payable semi-
annually at a rate not exceeding six per cent per annum, as may
be determined by the City Council in adopting the ordinance or-
dering such improvements.
Section 21. FAILURE TO PAY INSTALLMENTS. Failure
to pay any installment either of principal or interest when it
is 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 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 delinquent
installments, with interest at one per cent per month, or frac—
tion of a month, and all penalties accrued and shall thereupon
be restored to the right thereafter to pay in installments in the
manner as if default has not been made. The owner of any piece
of real estate not in default as to any installment or payment ,
may at any time pay the whole of the unpaid principal with in-
terest accrued.
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Section 22. PAYMENTS WITHIN THIRTY DAYS.
Payments may be made to the City Treasurer at any time within
thirty (30) days of the publication of the assessing ordinance,
and an allowance of F'. (6 per centum for cost of collec-
tion and other incidentals and of interest from the date of pay-
ment to the time of the first installment may be made on all
payments made during the period of thirty (30) days.
Section 23. CERTIFICATE OF THE ASSESSMENT ROLL
TO THE COUNTY TREASURER. Upon the expiration of thirty (30)
days hereinabove limited, the City Treasurer shall return the
assessment roll to the City Clerk and thereupon the City Clerk
shall prepare an assessment roll in book 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 , if payable in installments, showing the remaining in-
stallments unpaid, if any, at the date of such certification,
with suitable columns for use in case of payment of the whole
amount , or of any installment or penalty and the interest accrued
thereon at the date of the payment of said installment , and de-
liver the same to the County Treasurer for collection, and in
making up said assessment roll the said City Clerk shall add
two per cent on the amount due on each assessment against each
lot or parcel of land, to cover the cost of collection by the
County Treasurer , which said assessment roll shall be certified
by the City Clerk under the seal of the City, the City Clerk
taking the receipt of the County Treasurer therefor , and the
County Treasurer shall pay over to the City Treasurer the amount
collected on such assessment roll on the first of each and every
month in the same manner as general taxes are paid by the County
Treasurer to the City.
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Section 24. The County Treasurer shall receive
payment of all assessments against any real estate appearing
upon said last mentioned assessment roll , with interest , and in
case of default i.n the payment of any installment of principal
or interest , for the period of one year after the same becomes
due and payable, he shall advertise and sell any and all real
estate concerning which default is suffered, and said sales and
advertisements shall be made at the same time or times in the
same manner and under all the same conditions and penalties
and with the same effects as are prescribed by the general laws
of the State of Colorado for the sale of real estate in default
of the payment of general taxes. At any sale by the County
Treasurer of any real estate in the City of Fort Collins for
the purpose of paying any special assessments for local improve-
ments, the City Treasurer, being duly authorized by the City
Council , may purchase any such real estate without paying for
the same in cash, and shall receive certificates of purchase
in the name of the City, such certificates shall be received
and credited at their face value and all interest and penalties
accrued, to the treasurer on account of the assessment in pur-
suance of which sale was made. Said certificates may thereafter
be sold by the City Treasurer at their face value , with all in-
terest and penalties accrued , and by him assigned in the name of
the City, and the proceeds credited to the funds created by or-
dinance for the payment of such assessments respectively. Such
assignment shall be made ,without recourse upon the City, and
the sale and assignment shall operate as a lien in favor of the
City and of the holders of such certificates, as is provided by
law in the case of sales of real estate for default in the pay-
ment of general taxes in the State of Colorado.
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Section 25. The owners of any divided or undivid-
ed interest may pay his share of any assess :ent .
Section 28. ORDERING SEWER, GAS AND WATER MAINS
CONNECTED IN PERMANENT PAVING DISTRICTS . Before constructing
any permanent paving under the provisions of this ordinance, the
City Council may order the owners of abutting; real estate to
connect their several premises with sewer, gas or water mains,
or with any other commodity in the street in front of the several
premises, and upon the default of the owners for thirty (30) days
after such order to make such connections , the City Council may
contract for and make such connections , at such distance, under
such regulations and in accordance with such specifications as
may be prescribed by the City Council , and the whole cost of
such connections shall be assessed against the premises with
which the connection is made. Any number of such connections
may be na: ed in one contract , which contract may be let by the
City Council under and in pursuance of the regulations adopted
governing the same, prior thereto and recommended by the Commis-
sioner of Public Works. The cost shall be assessed and collected
in the sane manner as provided in Ordinance No. 19, 1884, for the
collection of special assessments.
Section 27. PUBLIC IMPROVEMENT BONDS . All local
improvements herein provided for in this ordinance shall be paid
for in public improvement bonds of the City, issuing the same of
such date and in such form as may be prescribad by the City
Council by ordinance, bearing the name of the street , alley or
district im�-roved, and payable to the bearer in a sufficient
period of years after date to cover the period of paym.;nt for the
improvements, provided the date of the maturity of the first in-
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stallment of bonds shall not be more than five (5) years from
the date of said bonds, and shall be subject to payment in equal
annual installments thereafter , until the maturity of the last
installment , and shall be in denominations of not more than one
thousand dollars ($1,000) each. All of such bonds shall be
issued by the City upon estimates made by the City Engineer.
Before the issuance of any of such bonds , they shall be register-
ed in the office of the City Treasurer in a book prepared and
kept for that purpose. All of such bonds shall be subscribed by
the mayor and attested by the City Clerk, and countersigned by
the City Treasurer , and shall be payable out of moneys collected
on account of the assessments Wade for the improvements respec-
tively, and all moneys collected from said assessments for any
improvement shall be applied to the payment of said bonds and in-
terest until payment be m-de of all of said bonds and interest .
Said bonds shall be received at par in payment of all contracts
for public improvements . The City Council may, upon advertise-
ment for not less than ten (10) days in the official newspaper
of the City, or other newspaper to be approved by it , sell suffi-
cient of said bonds at not less than par to pay the engineering;
and other clerical expenses, including cost of inspection, and
in the event that the work is ordered to be done by the Commis-
sioner of Works by day labor , may sell the entire bond issue at
not less than par , which said bonds shall not bear interest to
exceed six per cent per annum, to be paid semi-annually, and
evidenced by coupons attached, bearing the fac sisi_ile of the
signature of the City Clerk.
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Section 23. It shall be the duty of the City
Treasurer to call in all bonds that may be due and payable at
the expiration of five years from the date of issue for payment
by giving notice for five days in the official newspaper , call-
ing for the same , and thereafter said bonds shall be called and
paid in their numerical order upon the same kind of notice, and
after the expiration of thirty days from the first publication
of said notice, interest shall cease on all such called bonds.
Section 29. The City Council in the ordinance
authorizing the issue of public improvement bonds may provide
therein a guaranty on the part of the City for the payment of
all of the bonds issued in pursuance of said ordinance.
Section 30. Whenever any grading or paving dis-
trict shall be created under this ordinance, the City Council
shall include in the area to be paved or graded the entire width
of the street from curb to curb, including the portion of said
street or streets occupied by or required by franchise obligation
to be paved by or chargeable or assessable to any railway com-
pany, whose railway runs thru or across any street or streets in
said district , and shall charge to, assess and collect from such
railway company or companies in the same manner as herein provid-
ed , but in case of abutting property, it shall issue bonds for
the same , which bonds shall be issued and made payable in like
manner as bonds issued for the improvement to be assessed against
the real estate specially benefitted, and in the meaning of this
section, in the absence of franchise obligation to grade and pave,
a railway company shall be held to occupy and shall be liable for
the grading and paving of that part of the street lying between
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the rails of such track and two (2) feet outside of each rail,
and every railway company, whether street railway or otherwise,
shall be assessed for the cost of grading; or paving of any part
or parts of any street or alley occupied by it or required by
franchise obligation to be paved by it , and the assessment levied
for the cost of said improvement chargeable to a railway company
shall be a first and ;prior lien against the entire franchise and
r,rcperty of the company within said district , and also without
said district , but within the limits of the City of Fort Collins
where such improvement is made , subject only to general taxes,
and all the ter.:s and conditions and provisions of this ordinance
relative to the collection of the amount chargeable against
frontage shall be applicable to the enforcement and collection of
such assessment against such railway companies, and the property
of such railway companies shall, in case of default in payment of
such assessment , be sold as in cases of default in payment of
general taxes levied thereon, which railway trackage shall not
be considered as assessable frontage in determining the suffi-
ciency of petitions as provided in this ordinance.
Section 31. COST OF SANITARY AND STOR?; SEWERS -
HOW ASSESSED. Unless otherwise ordered by the City Council, the
cost of district , sanitary and storm sewers shall be assessed
upon all the real estate in said sanitary and storm sewer dis-
tricts, respectively, in proportion as the area of each piece of
real estate in the district is to the area of all the real estate
in the district , exclusive of public highways.
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Introduced, read and ordered published this
19�
26t day of A.D . 1921.
Passed and adopted this -Z ' day of
A.D . 1921.
T
Co=issioner of Safety and Ex
ATTEST: / Offioio ;dayor.
i t yZ'1 erg
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STATE 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 thirty-one (31) sections, was duly
proposed and read at length at a regular meeting of the City
Council held on the day of �y, A.D . 1921 , and was
duly ordered by aye and nay vote to be published once in full
in The Fort Collins Courier, a daily newspaper of the City of
Fort Collins, in accordance with the provisions of Section 7
of Article IV of the City Charter; that thereafter and on,
towit: the 2 day of , A.D . 1921,
at a regular meeting of the City Council, the said Ordinance
came before said Council upon its final passage , a period of
more than ten days having elapsed since its publication as
above set forth, and that said Ordinance was upon second read-
ing adopted as an ordinance, and thereafter and on, towit ,
the day of A.D. 1921, said
Ordinance No. _ 7 as finally passed and adopted was duly
published in The Fort Collins Courier , a daily newspaper pub-
lished in the said City of Fort Collins, Colorado.
In Witness Whereof, I have hereunto set my hand
this S day of , A .D . 1921.
City er .
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