HomeMy WebLinkAbout005 - 02/12/1917 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN LAPORTE AVENUE IMPROVEMENT r=
ORDINANCE NO 1 _7
REL4TING TO THE ASSESS14ENT OF THE COST OF CONSTRUCTION OF I1PROVE-
LENTS IN LAPORTE AVENUE IMPROVEMENT DISTRICT NO 3 OF THE
CITY OF FORT COLLINS, AND PROVIDING FOR THE PAYMENT AND
COLLECTION THEREOF
BE IT ORDAITIED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS
Section 1 That under and by virtue of the provisions of
Ordinance No 13 1915 of said City of Fort Collins duly adopted
and approved on the 27th day of September, 1915, Laporte Avenue
Improvement District No 3 was duly created and provision made in
said orainance for the construction of certain improvements in
said district, consisting of concrete paving, curbing within the
limits of said district, that the said improvements as therein
provided have beenduly constructed under contract, as provided by
law, and duly accepted bj the City of Fort Collins as therein
provided, that thereafter the Commissioner of Works of said city,
and on to-wit, the 4th day of December, 1916, duly reported to
the City Council the total cost of the construction ofssaid
improvements, including the cost of inspection, collection and
other incidentals and also including interest to the first day
of 1«arch, 1917 xhen by the laws of the State of Colorado the
first installment of generaltaxes is aue and payable which
amounts to ; 5� 0 , that in and by said report the
sa.Ld Commissioner of Works, pursuant +o report of the City
Engineer duly apportioned upon all the lots or trwc+e of land
abutting upon the street improved 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 to improved being regarded as
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frontage to the extent of twenty-five (25) feet, pursuant to the
statute and the provisions of Ordinance No 13, 1915 which assessment
was made in accordance with the provisions of §5363, §5364 and §5366 of
the Revised Statutes of 1908, and which said Laporte Avenue Improvement
District No 3 is hereinafter more particularly described by lots and
blocle together with the apportionment and rate per front foot, which
said firdings 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 eachlot 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 works concerning the said proposed assessments for improvements in
Daporte Avenue Improvement District ITo 3 was by resolution of the City
Council duly adoptbed for the purpoed of coneidcration 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 Citv 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 Laporte Avenue Improvement
District No 3, ststing 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 objections that
might be made in writing by them to the City Clerk and filed it his
office within thirty days fron tae publication of Baia notice would
be heard and determined by tre City Council at a regular meeting of
the City Council to be held on the 22d day of Januarv, 1917, at the
hoi.r of four o' clock P P of said day in the council chamber in the
City Hall in said city, that after laid herring the said City Council
would take up the matter of the pasaage of an ordinance assessing
the cost of said improvement, that pursuant to the authority contained
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in said resolution the City Clerk caused to be publbehed said notice
in the Fort Collins Morning Express, the official newspaper of said
City of Fort Collins, for a period of ten days, as provided by law, and
that due proof of said publication has been duly filed in the office of
the City Clerk; that mere than thirty days have elapsed since the
publication of said notice, and no complaints or objections in writing
have been filed with the City Clerk, as provided by law.
Section 3. That the tatal cost of the improvements in said
Laporte Avenue Improvement District No. 3 under and by virtue of
said Ordinance No. 13 , 1915, of said city„ including the cost of
inspection, collection and interest to the first day of March, 1917,
wmcunte to O�aJ :P. 5:1 , 6 '� , which said sum is hereby assessed
upon the real estate in said 11aporteAvenue Improvement District No. 3
in accordance with the provisions of Z380 of the Revised Statutes of
1908, and the proportion of said costs assessed to each lot or tract
of land in said Laporte Avenue Improvement District No. 3, comprising
the following lots and blocks im said district, shall be as follows,
to-wit:
LAPORTE AVEXTJE IMROCFYENT DISTRICT NO. 3.
Block 22
Lot Property Owner Frontage Coat per foot Total
No
I 130 $7.9468 $1033.08
C.C.C. R. Welch Withrow 25 7 94G8 198.G7
45 C 44 C. R. Welch 25 7.9468 198.67
43 C. R. Welch 12.5 7.9468 99.34
42 Colorado & Southern By. Co. 12.5 7.948 9 .
84
42 Colorado & Southern By. Co. 25 7.9468 1983.6767
41 Colorado & Southern Ry. Co. 25 7.9468 198.67
40 Colorado & Southern By. Co. 2 7.9468 198. 7
39 Colorado & Southern By. Co. 255 7.94G8 198.667
38 Colorado & Southern RY. Co Block 21
5 7.9468 198.67
Lot Property Owner Frontage Cord per foot Total.
No.
23' Charles G. Buckingham 190 $7.9468 $1509.89
24 ColornAa&Southern.Rv.Cp._. 140.9____. 7.94SB— __. .1119.70
Additional assessment made by the City Cc oil ltobe paid by
the City of Fo t C llins,,,, &ocouxLt, of error in ' assessment) 9�68
Lot 1, Block 18 .. ..e, . . . . S A
Lot 23, Block 21 . . . . . . . . .
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to be paid from the Permanent Street fund,
—3— e397 3
t
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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, provided that all assessments may,
at the election, of the owners of the prpperty assessed be paid in
twenty annual installments, beginning February 28 1917, and
paj able annually on said last mentioned day thereafter until the
full amount thereof has been paid *vith interest on the unpaid
principal, payable semi-annually at the rate of six per cent per annum
Section 5 Failure to pay the whole of the assessment within
said period of thirty days shall be conclusively considered and held
an election or the part of all persons interested, whether under
disability or otherwise, to pay in such installments
Section 6 Failure to pay any installment, whether o
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
hhereafter draw interest at the rate of one per cent per month or
fraction thereof, until the day cf sale as nereinafter 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 per cent per mon+h
or fraction of a 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 payment may at
any time pay the whole of the unpaid principal, with the interest
accrued, to the maturity of the next installment of interest or
principal
Section 7 Pey ments may be made to the City Treasurer at any
time within thirty days of the final passage and publication of this
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ordinance, and an allowance of five per ednt discount shall be made
on all payments made during such period only
Section 8 In case of dedault in the payment of anv install-
ment of principal and interest whendue, any and all property con-
cerning which such default is suffered shall be advettised by the
County Treasurer and sold for the pa}ment 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 tre same effects
as are provided by law for sales of real estate it 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 Laporte Avenue Improvement
District No 3 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, ana 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 there-
after payments may be made to the City Treasurer at any time within
thirty days of the passage of this assessing ordinance Upon the
expiration of tht thirty 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 shallprepare
a permanent local assessment roll in cook form, showing in suitable
columns each piece 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 eacr installment of
principal and interest ana the date when the s-me will become due,
with suitable columns for use in case of payment of any installment
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or penalties Said roll shall be certified by the City Cleric unddr
the seal of thd city, and by him delivered to the County Treasurer of
Larimer County with his warrant for the collection of the same
Section 10 All collections made by the County Treasurer on
said assessment roll in anv calendar month shall be accounted for and
paid over to the City Treasurer on or before "the loth day of the
next succeeding calendar month with separate statements for all
such collections for said month
Section 11 The owner of any divided or undivided interest
may pey his share of any assessment upon producing evidence of the
extent of his inter st st6tisf actory to the officers having the roll
in charge
Introduced, read and ordered published this 3143, day of
Januaryr; A D 1917
Passed and adopted this -C day of February A D 1217
Commissioner of Safety and
Ex-0fficio Mayor
ATTEST
City Clerk
STATEOF COLORADO )
-as
COUNTY OF LARIITER )
I, Ray Baxter, City Clerk of the City of Fort Collins,
do hereby certify and declare that the foregoing ordinance, con-
sisting of eleven (11) sections was duly proposed and read at
length at a meeting of the City Council held on the ILa-dav of
Januar3 , A D 1917, and, was du;y ordered by Aye and Nay vote
to be published once in full in � � , ��
a daily newspaper of the city of Fort Collins, in accordance
with the provisions cf Section 7 of Article IV of the City
Chtirter, that thereafter andon to- Tit, the f8�aay of
February 1917, at a regular meeting of the City Council,
s^id 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 seccnd reading duly adopted as an ordinance and duly
numbered r and thereafter and on to-wit, the
day of February A D 19174 said grdinance No
as finally passed ana adopted was duly published in n1_
A a daily newspaper published in sLia city
of Fort Collins, Colorado
__In Titness Whereof I have hereunto Bet ny hand this
3t4day of February, A D 1917
City Clerk