HomeMy WebLinkAbout006 - 02/12/1917 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN COLLEGE AVENUE IMPROVEMENT ORDID ANCE NO 1917
PELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVE-
INENTS IN COLLEGE AVENUE IMPROVE�TENT DISTRICT NO 4 OF THE CITY
OF FORT COLLINS, AND PROVIDING FOR THE PAYP(ENT AND COLLECTION
THEREOF
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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 14 1916, of said City of Fort Collins, duly
adopted and approved on the 3d day of July, A D 1916, College
Avenue Improvement District go 4 was duly created and provxsicn
made in said ordinance for the construction of certain improvements
in said district consisting of concrete paving curbing and
paving `iitn brick between the tracks and two feet on each side
thereof, of the Denver & Interurban Railroad Companv' s tracks
within the limits of said district, that the said improvements as
therein provided have been duly constructed under contract as
provided by law, and duly accepted by the City of Fort Collins
as therein provided, that thereafter the Commissioner of "orks of
Baia city, and on to-wit, the 4th day of December, 1916, duly
reported to the City Council the total 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 March, 1917 when by the laws of the State of Colorado the
first installment of general taxes is due and payable -- exclusive
of the cost of paving ghe tracks of The Denver& Interurban Rail-
road Company -- which amounts to "•' and the cost of
paving tre tracks of The Denver & Interurban Railroad Company
$1) 101 85, makin they total cost of all the improvemen` in said
distria�t $A I 0 , that in and by said report the Commissioner
w
of works pursuant to report of the City Engineer, duly apportioned
upon all the lots or tracts of land abutting upon the street
improved in proportion as the frontage of each lot or tract of
land is to all the frortage 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
of Ordirance No la, 1916 except as to the intersections of
streets and alleys and the share to be assessed against the
Denver & Interurban Railroad Company, which said assessment was
made in accordance with the provisions of 95363, §5364 and §5366 of
the Revised Statutes of 1908 and which said College Avenue Improve-
rent District No 4 is hereinafter more particularly described by
lots and blooks, together with the apportionment and rate 12er
front foot, which said findings and report of the Commissioner of
Works are in accordance with the report theretofore made by the
City Engineer in respect to the proposed assessments on each lot
in said district
Section 2 That at the regular meeting of the City Council
held on the 4th day of December, A D 1916, said report of the
Commissioner of forks cibncerning the said proposed assessments
for improvements in College Avenue Improvement District No 4
was by resolution of the City Council duly adopted ftr the purpose
of considdration and determination at a meeting of the City Council
to be held at four o' clock P M on the 22d day of January, 1917,
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 ten days, addressed to the owners of the
property to be assessed in College Avenue Improvement District No 4
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dtating the whole cost of the improvement and the share apportioned
to each lot or tract of land in said district, and notifying the
owners thereof that any complaints or objec+ions tra.t might be
made in vrritingr by them to the City Clerk and filed in his office
wi+hin thirty 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 22d day of January, 1917, at the hour
of four o'clock P M of saia day in the council chamber in the
City Hall in said city, that after said hearing the said City
Council would take up the mat' er of the passage of an ordinance
assdssing the cost of said improvement, that pursuant to the
authority contained it said resolution the City Clerk caused to
be published said notice in the Vert Collins Mornirg Express,
the official nerspaper of said City of Fort Collins, for a
period of ten days, as provided by law, and that due proof of
said publication nas been duly filed it the office of the City
Clerk, that more than thirty days have elapsed since the publica-
tion of said notice and no complaints cr objections in
writing have been filed with the City Clerk as provided by law
Section 3 That the total cost of the improvements in
said College Avenue Improvement District No 4 under and by virtue
of said Ordinance No 14, 1916, of saia city, including the cost
of inspection, collection and interest to the first day of hard`,
1917 amounts to , exclusive of the cost of
paving the tracks of the Denver & Interurban Railroad Company
which said last men4-ioned paving amounts to $1, 101 85, which said
sum is hereby assessed upon the real estate in said College
Avenue Improvement District No 4 in accordance with the
provisions of §5380 of the Revised Statates of 1908 and property
of said Railroad Company and the proportion of said costs
assessed to each lot or tract of land in said College Avenue
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Improvement District ,4o. 4, coirprising the following lots and
blool.s in Ad district, shall be ac fol'..ows, to-wit:
College Avenue Improvement Dietrlef No, eL ,
Block f22
Lot Property Owner Frontage Cost per foot 'total _
No.
9 The Bishop and Chapter of the Cathe-
dral of St. John the Evangelist 50 46.0709 $3w..55
10 1. 1. 25 6.0709 _ 1,1.77.. '
11 Clara A. Hoe) 25 6.0709 1,71
12 Clara A. Hoel 25 6.0709 I.Z?s
13 Clara A Hoel 25 6.0709 1.77
14 Clara A. Heel 10 6.0709 66.78
14 G. Harold D. Parker 15 6.3799 89.33
15 G. Harold D. Parker 25 6.3799 159.50
to G. Harold D. Parker 25.. 6.3799 169:50
17 G. Harold D. Parker 75 6,3799 159.50 -
18 Ellen T. Atwell 25 6.3799 159.50
19 Ellen T. Atwell 12.5 6.379.1 79.75
19 Gordon M. Fortherglll 12.5 6.3799 79.76
20 •Gordon M. Forthergill 25 6.3799 159.50
21 .Alex W. Scott 26 6.3799 150.50
22 Alex W. Scott 26 6.3799 159:50
28 W. A. Hawthorne 25� 6.3799 169Y80
24 W. A. Hawthorne 25 6.3799. 159,60
24 W. A. Hawthorne 25 6.0709 151.77
-- _ -Block 112 '
Lot Property Owner - Frontage Cost per foot Total
No.
1 Caroline E. Martz 56 $6.0709 $36335
2 Caroline E. Mantz 25 6.0709 151.77 /
3 Caroline E. Mantz 25 6.0709 151.77 ✓
4 Caroline E. Martz 26 6.0709' 151.77 i
5 Caroline E:Mentz 25 6.0701 16127
6 'Caroline E. Mantz 25 6.0790 151:77
7, Benjamin F. Hottel 25 6.0709 - 151; 7
8 Benjamin F. Hottel 25 6.0709 151.77
f9 Benjamin F.Hottel 25 6.0709 151:27
10 Benjamin F.Hottel - 26 6.0709 151.71,7
11 Benjamin F. Hottel .25 6.0709 151,77
12 Benjamin F. Hottel - 2.5 6.0709 15.t7
12 U. S. of America 22.5 6.0709 136.69
13 U. S. of America 25. 6.0709 151.77
14 U. S. of America 25• ' 6.0109 151:*
45 U. S. of America 25 6.0709 151.7,7
16 U. S. of America 50 - 6.0709 303.0g
Denver&Interurban R. R, Co., 400 sq..
yda, brick paving, at '$2.7544 per se. ,,,,$1,101.1$6
Seotion 4. That all t:ia,t portion cf Lots 12, 13, 14,
15 and 16, in :Hoch- 112, covered by the fora oin assessment for
street intersections, and owned by the United States of A::ierica,
comprising 150 feet frontage, and the total assessment therefor,
amcuntin to I.SS5.45, for the cost of said ir4rovementa, be snd
tae is hezab•y relewsad from the claim and lien cf said
asseaament, and that said sum of 4�,895.45 shall be pe.id by the
said City of Fort Co111r_s ; said release of claim and discharge
of said property from the lien of said assessment is made by
reason of the fact that no appropriation has been or will be
made by the Congress of the United States for the payment of any
special assessments against public property, and under the
rezluticna of the United Stat«s Treasury Department no such
claim would be reco-nized or approved; and said assessment
cannot be endorced against the property of the United States as
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a matter of law
Section 5 All assessments herein provided for shall
be due and payable within thirty days from the final passage and
publicotion of this ordinance without demand, provided that all
assessments may, at the elec5tion of the owners of the property
assessed, be paid in twenty annual installments, beginning
February 28, 1917, and payable annually on said last mentioned
date thereafter until the full amount thereof nas been paid,
with interest on the unpaid principal, payable aemi-annuallv,
at the rate of six per cent per annum
Section 6 Failure to pay the whole of the assessment
within said period of thirty days shall be conclusively considered
and held an election on the part of all persons interested,
whether under disability or otherwize, to pay in such installments
Section 7 Failure to pay any installment, whether
of principal or interest, when due, shall cause the whole of
tune 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 G month, until the day of sale as herein-
after provided, but at any time prior to the day of sale the owner
may pay the amount of all unpaid installments, witr interest at
one per cent per month of fraction, of a month, and all penalties
accrued, and shall thereupon be restored to the right to pay
the installments it the same manner as if default had not been
suffered The owner of any property not in default as to any
installments or payment may at any time pay the whole of the
unpaid principal, witn the interest accrued, to the maturity
of the next installment of interest or principal
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Section 8 Payments may be made to the City Treasurer
at any time within thirty days of the final passage and publ.L-
cation of this ordinoce and an allowance of five per cent
discount shall be made on all payments made during such period
only
Section 9 In case of default in the payment of any
installment of principal and interest When due, any and all
propertv 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, unddr 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 10 It shall be the duty of the City Clerx
to prepare the foregoing assessment roll in said College Avenue
Improvement District No 4 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 pf payment of the whole amount
or of any installment or penalty, and deliver the same to the
City Treasurer, and thereafter payments may be bade to the
City Treasurer at any time within thirtv days of the passage
of this assessing ordinance Upon the expiration of the thirty
days the City Treasurer shall return to the City Clerk the
assessment roll showing all payments rbade th6teon, with the
date of each payment, and thereupon the City Clerk shall prepare
a permanent local assessment rollin book form, showing to
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suitable calumny eachpiece of real estate or property on which
the assessment is unpaid, the whole amount of the assessment
unpaid, the date to which the same was computed and the amount
of each installment of principal and interest and the date when
the same will become due, with suitable columns for use in case
of payment of any installment 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 Larimer County with
his warrant for the collection of the same
Section 11 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 before the 10th
day of the next succeeding calendar month, with separate state-
ments for all such collections for each month.
Section 13 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
Introduced, read and ordered putlished this 3lvVJ-''day of
January, A D 1917.
Passed and adopted this / day of February, 1917
mmiso f Safety
an Ex-Officio Mayor
ATTESY
City Clerk
a
J
STATE OF COLORADO, )
-ss.
COUNTY OF LARIMER. )
I, Ray Baxter, 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 meeting of the City Council held on
the day of January, A D 1917, and was duly rr dered
by Aye and Nay vote to be published onee in full
�, ,, A, ,Ij ,t l 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, to-wit, the
�%, day of February, 1917, at a regular meeting of the City
Council, said ordinance came beforo said Council upon i'-s
final passage, a period of more than ten days having elapsed
since its publication as abofe set forth, and that said ordnance
was upon second reading duly adopted as an ondinance and duly
numbered and thereafter and on to-wit, the � day of
February, A D 19173 said Ordinance No ___z1____ as finally
passed and adopted was duly publis'led in krr, I +{ L.
a daily newspaper pu'lished in said city of Fort Collins,
Colorado
In Witness ,Whereof, I have hereunto set my hand this /3y.-
day of February, A D 1917
City Clerk