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HomeMy WebLinkAbout007 - 02/01/1977 - ASSESSING THE COST OF IMPROVEMENTS IN STREET, WATER AND SANITARY SEWER DISTRICT NO 70 s ORDINANCE NO 7 , 1977 BEING AN ORDINANCE ASSESSING THE COST OF IMPROVE- MENTS IN STREET, WATER AND SANITARY SEWER DISTRICT NO 70 AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF WHEREAS, heretofore by appropriate ordinances and resolutions duly adopted by the Council of the City of Fort Collins, there was established Street, Water and Sanitary Sewer District No 70 for the purpose of installing water mains, sanitary sewer mains , and street improvements to benefit certain property in the City, all pursuant to Chapter 16 of the Code of the City of Fort Collins, and WHEREAS, pursuant to said ordinances and resolutions, said improvements have been installed and accepted by the City of Fort Collins, Colorado, and WHEREAS, upon accepting said improvements, the City Council adopted the report of the City Engineer respecting the cost of such improvements and the schedule of assessments prepared by the City Engineer and ordered notice to be published as provided in Chapter 16 of the Code of the City of Fort Collins, which said notice was duly published as therein provided, and WHEREAS, January 18, 1977 , is the date set for the hearing of complaints and objections and the determinations of the same and for acting upon an ordinance assessing the cost of such improvements, and WHEREAS, all complaints and objections in writing filed by property owners within the District have been considered by the City Council i NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 That the total cost of the improvements in Street, Water and Sanitary Sewer District No. 70, including the cost of engineering, legal, publication, interest during construction and collection, to-wit $66 ,073 67 , less the portion of said cost to be paid by the City of Fort Collins, to-wit $6,762 57 , is hereby assessed upon the real estate in said District in accordance with the provisions of Chapter 16 of the Code of the City of Fort Collins , and the proportion of said costs assessed upon each lot or tract of land in said District shall be as follows 1 CONSOLIDATED DMPROVEI= DISTRICT NO 70 ASSESS= ROLE 1 i NAME AND ADDM SS DESCRIPTION FF0NTAGE ASSESSME'3T TOTAL IN FEET RATE PER ASSESSMENT FOOT Williams, Edna P/Jack H Lot 1, Swallow Replat, Fort Collins. 200.00 $44.13804 $ 8,827.61 Box 930 Fort Collins, Colorado 80522 Credit existing curb & gutter -1,320.00 97261-25-001 $ 70507.61 Williams, Edna P Iot 3, Swallow Replat, Fort Collins. 493.41 $44.13804 - $21,778.15 Box 930 Ebrt Collins, Colorado 80522 _ - 97261-25-003 Carroll, .Fdward P/Karen L Tr in NFr, 26-7-69 Beg at pt wh is inter of 680.26 $44.13804 $30,025.34 3003 S. College S In of sd NE4 and wrly R/W In of Colo St Hwy Ebrt Collins, Colorado 80521 41 also known as US Hwy n287, th nrly alg sd - 97260-00-029 wrly R/W 1n 210 ft to POB, th nrly alg sd wrly " In 202 ft, th wrly para with S In of sd NF% 450 ft, th srly on In para with sd wrly In 202 ft to pt 210 ft N of sd S In of sd NE;; th erly alg In para with S In of sd _ NEg 450 ft to POB Also tr in NE; 26-7-69 beg at E 1/4 cor of said section 26, th A N 0 19' 0" E 210 ft, N 89 43' 0" W 500 ft to POB, th N 0 19' 0" E 202 ft, N 89 43' 0" W 343.29 ft, S 02 02' 0" W 373 21 ft, N 64 39' - 40" E 393.20 ft to POB. _ , I TOTAL $59,311.10 11 City of Fort Collins $ 6,762.57 ' TOTAL PROJECT CONSTRUCTION COST $66,073.67 \ l Section 2 All assessments herein provided for shall be due and payable within thirty (30) days after the final publication of this ordinance, without demand, provided that all such assessments may, at the election of the owners of the property assessed, be paid in ten (10) equal installments, the first installment being due on the first day of February, 1978, and on the first day of February of each year there- after until the full amount thereof has been paid, together with interest on the unpaid principal at the rate of six percent (6%) per annum, said interest to be payable at the time of the principal payments Failure to pay the whole of such assessment within thirty (30) days as aforesaid shall be conclusively considered and held as an election on the part of the persons interested, whether under disability or otherwise, to pay in such installments. Section 3 In the case of election of any person to pay in installments as aforesaid, the failure to pay any installment when due, whether on principal or interest, shall cause the whole of the unpaid principal to become due and payable immediately and the whole amount of unpaid prin- cipal and accrued interest shall thereafter draw interest at the rate of one percent (1%) per month until the date of sale as hereinafter provided, provided, however, that at any time prior to the date of sale, the owner of the property assessed may pay the amount of all unpaid and due install- ments, together with all interest that has accrued as afore- said, and all penalties accrued, and upon such payment shall be restored to the right to pay the installments in the same manner as if the default had not occurred The owners of any property not in default as to any installments or payments may at any time pay the entire unpaid balance of principal, together with interest accrued thereon, to the first day of the month following such payment r Section 4 Payments may be made to the Director of Finance at any time within thirty (30) days after the final publication of this ordinance and in such event an allowance of five percent (5%) as a discount shall be made on all payments during such period only Section 5 In case of the default in the payment of any installment of principal or interest when due, all property concerning which such default is suffered shall be advertised by the County Treasurer and sold for the payment of the entire unpaid assessment thereon at the same time or tunes and in the same manner under all the same conditions and penalties and with the same effect as provided by law for the sale of real estate in default of the payment of general taxes, all as provided by Chapter 16 of the Code of the City of Fort Collins Section 6 . The Director of Finance shall prepare the , foregoing assessment roll in proper form as provided in Chapter 16 of the Code of the City of Fort Collins, and shall keep a record of all payments made during the thirty- day period after the final publication of this ordinance and upon the expiration of said thirty-day period, he shall deliver said assessment roll to the County Treasurer of Larimer County with his warrant for collection of the same, all as provided in Chapter 16 of the Code of the City of Fort Collins. Section 7 All collections made by the County Treasurer on said assessment roll in any calendar month shall be accounted for and paid over to the Director of Finance on the first day of each and every month with separate statements for all such collections for each month in the same manner as general taxes are paid by the County Treasurer to the City Section 8 The owner of any divided or undivided interest may pay his share of any assessment upon producing evidence of the extent of his interests satisfactory to the officers having the roll in their charge. Section 9 If any property owner eligible therefor is granted a deferment from the assessments made by this ordin- ance pursuant to the provisions of Ordinance No. 106, 1973 , then the lien created on such owner' s property by this ordinance shall remain in full force and effect, but the same shall not be due or payable until the deferment granted pursuant to Ordinance No 106, 1973 has expired Introduced, considered favorably on first reading, and ordered published this 18th day of January, A D 1977 , and to be presented for final passage on the 1st day of February, A.D 1977. Cn W Mayor ATTES City Clerk Passed and adopted on final reading this 1st day of February, A D. 1977 yor , ATTES City Clerk i