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HomeMy WebLinkAbout019 - 08/09/1929 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN REMINGTON STREET IMPROVEME c ORDINANCE NO 19 , 1929, BEING AN EMERGENCY ORDINANCE RELATING TO-1HT ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN REMIN GTON STREET IMPROVEMENT DISTRICT NO. 36, OF THE�CITY OF FORT COLLINS, COLORADO, AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS. Section 1. That under and by virtue of the provisi ns of Ordinance No. 26, Series of 1928, passed and adopted on the 1st day of September, A. D. 1928, Remington Street Improvement District No. 36 was duly created and provision made in said ordinance for the construction of certain improvements in said district, con- sisting of grading, gattering, curbing, graveling, and draining where necessary, of the street area in said district for a distance of approximately sixty (60) feet between curbs, said district com- prising the lots and blocks and lands abutting on said street, as follows, to-wit; Blocks 5, 60 7 and 8, Lake Park Addition to the City of Fort Collins , Colorado , and also Blocks 129 and 139 to be assessed for street intersection as provided in Ordinance No. 7, 1921, all in the City of Fort Collins , Colorado, being Remington Street from the North property line of Elizabeth Street to the North property line of Edwards Street . 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 Commissioner of Works, on to-wit the 28th day of June, A. D. 1929 , 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, is $4491,24, that in and by said report the Commissioner of Works, pursuant to the report of the City Engineer, duly apportioned upon all the lots or tracts of land in the district improved, in proportion as the frontage of each lot or tract of land in the district is to the total of all the frontage so improved, pursuant to the provisinns of Ordinance No. 7,1921, relating to local public improvements, as amended by Ordinance No. 9, -1- s � t 1926, and Ordinance No. 26, 1928, creating Remington Street Improvement District No. 36, and which district 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 Works and the City Engineer being in accordance with the report of the City Engineer in respect to the proposed assessment on each lot in said district. Section 2. That at the regular meeting of the City Council held on the 5th day of July, A. D. 1929, said report of the Commissioner of Works and City Engineer concerning said proposed assessment for improvements in Remington Street Improvement District No. 36 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 on the 9th day of August, A. D. 1929, 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 (10) days, addressed to the owners of property to be assessed in Remington Street Improvement District No. 36, stating the whole cost of the improvements, 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 in his office within thirty (30) days from the publication of said notice would be heard and determined by the City Connell at a regular meeting thereof to be held on the 9th day of August , A. D. 1929, at the hour of eight o'clock in the forenoon of said day in the Council Chamber in the City Hall in said City, that after said hearing the City Council would take up the matter of the passage of an ordinance assessing the cost of said improvements, that pursuant to the authority contained in said resolution the City Clerk caused to be published said notice in the Fort Collins Express- Courier, the official newspaper of said City of Fort Collins, for a -2- • period of ten days, as provided by ordinance , and that due proof of 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 9th day of August , A. D. 1929, the assessing ordinance for the cost of the improvements in Remington Street Improvement District No. 36 was ordered submitted for passage and adoption. Section 3. That the total cast of the improvements in Remington Street Improvement District No. 36, under and by virtue of said Ordinance No. 26, 1928, of said City, including the cost of inspection, collection and interest, amounts to $4491.24, which said sum is hereby assessed upon the real estate in said Remington Street Improvement District No. 66, in accordance with the provisions of Ordinance No. 7, 1921, relating to local public improvements, as amended by Ordinance No. 9, 1926, and the proportion of said cast assessed to each lot or tract of land in said Remington Street Improvement District No. 36 comprising the following lots and blocks in said district shall be as follows; -3- FIITAL ASUM' IT ROLL For R4EIMIoTo17 SIRS-ET IUPP0VZMdrL DISTRICT rMsER 36, FRONTAG-0 FRONTAGL COST 18 12! �daix� Katherine itasgel coach $ 7 .243 5*69 17 lug 1411n Katherine Ifessel Keaoh 223, .243 5.69 16 129 Main Alva a. Caseady.Cora Co Cassady 23.37 .243 5669 15 129 Uain Ilya L. Cassady.Core C. Cassadr 23.37 ,243 5.69 14 129 ?chin Grace �rahana and G,R.G=baz 23,37 .243 5069 13 129 #fain ice Grab= and O.D.Graham 163.37 .243 39.74 1 6 Lake Park Tonettle E. fiutchings 50 10921 190 .243 50 .94 189.27 4 6 Lake Park Tenettie t. r3utchinge 50 1.921 50 .243 50 .94 1554,21 5 6 Take Park Blanche Lauphurs 50 1.92a 50 .243 50 ,94 155.21 7 6 Lake Pakrk Llewellgn n, Davies 50 1,921 50 .243 5o .94 155621 E. 67• of 8 6 Lake Park Znga .J.K. Allison 50 1.921. 50 .243 50 ,94 155,621 r. 670 of 9 6 Lake Pa.IBC Inga f.K. rillisort 50 1.921 117 .243 50 ,94 171.51 We 73r of a& 9 6 Lake park y. r, Coen 73 .243 17077 1 7 Lake Pazk Lillian B. BuMox-f 50 110991 190 .243 50 .94 160,26 8 7 take ftrk Donald L. Sonoai 50 1.92 50 .243 50 .94 155.20 3 7 Lake x ark f liee C. hilburn 50 10921 50 .243 50 .94 155.20 4 7 Late Park lice E, Kilburn 50 1,921 50 ,94 143.04 7 7 Lake Paris Addie M Binford 50 1.921 50 .94 143,04 0 7 Lake Park Addie 11, Binford 50 1.991. 50 .9(�4 143.04 lfa 11 8 Lake rk Fannie Tans Pandall 50 1,921 50 094 143,04 10 8 Lake T'ark ?Wmie Jane Rinda.11 50 1,921 50 .94 143.04 7 8 Lake Pork Sarah L, 'wain 50 1.921 to 094 143.04 6 8 Lake T"etrk H, J. T ilson 50 10921 50 .243 50 ,94 155.20 3 8 Lake Tark 191111ax host 50 1.921 50 .243 50 .94 155.20 2 8 Lake Part I'ranklin ". Starks 50 1.921 190 .243 50 .94 189.Z7 W, 650 of 11 5 Take Park Una Lowe Sadler 50 1.921 115 .243 50 .94 171.02 E. 75• of 11 5 Lake Park U". N, Mullin 75 ,243 18.25 10 5 Lake Part 2, B. Akin 50 1.921 50 .243 50 .94 155,21 7 5 Lake Park 1,11liam B, Akin 50 10921 50 0243 50 ,94 155021 6 5 Take 'Park 711Ltian B. Akin 50 11991 50 .243 50 .94 155.Z1 S. 30 f Of 3 5 Lake Park I!illiara B. Akin 30 i.921 30 .243 30 ,94 9$.13 R. L0# of ;5 5 Jake Park Leslie Horsley &Cora n,lforalsy 20 10921 20 .243 43.28 2 5 Late 'Park Leslie liorsley6:Cara A* Uorsley 50 1,921 19D .243 142027 S 139 z5ain Ona J, Carnine 50 .243 12.16 E 139 Main Earl G,Barlow and One Claire Barlow 50 .243 18.16 1 139 :*in 'Vrta L. Cresswell 190 .243 46.22 City of Fort Collina One-half the cost of Street Intersections 561.97 Section 4. All assessments herein provided for shall be due and payable within thirty (30) days from the final passage and publication of this ordinance, witnout demand, provided that all assessments may at the election of the owners of the property to be assessed be paid in ten (10) equal installments , beginning OQtober 1 , 192 9 , and payable annually on said last mentioned date thereafter, until the full amount thereof has been paid, with interest on the unpaid principal payable semi- annually at the rate of five (5 0) per centper 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 6. 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 immediatOly, 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 date of sale , the owner may pay the amount of ali unpaid installments, with interest at one (1%) per cent per month, 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 owners of any property not in default as to any installments or ply ments may at any time pay the whole of the unpaid principal with 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 tnirty (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. r , � I 1 Section 8 In case of default in the payment of any installment of principal and interest when clue , any and all property 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, under 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 9 It shall be the duty of the City Clerk to prepare the foregoing assessment roll in said Remington Street Improvement District No 36 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 of payment of the whcle amount or of any installment or penalty, and deliver the same to the City Treasurer and thereafter payments may be made to the City Treasurer at any time within thirty (30) days after the passage of this assessment ordinance and the taking effect thereof Upon the expiration of the thirty (30) 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 shalt 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 date to which the same is computed, the amount of each installment of principal dnd 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 seal of the City, and by him delivered to the County Treasurer of Larimer County, with his warrant for the collection of the same r � 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 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 11 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 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, under and by virtue of the authority contained in Sections 6 and 7 of Article IV of the City Charter Introduced, read at length and adopted by the unanimous vote of all members of the City Council this 9th day of August, A D 1929 Co ssio er of Safety x-0 tic o Mayor ATTEST' r �g Q, City Cer r STATE OF COLORADO ) COUNTY OF LARIMER ) SS I, A J ROSENOW, City Clerk of the City of Fort Collins, dohereby certify and declare that the foregoing ordinance consisting of twelve (12) sections was duly proposed and read at length at a regular meeting of the City Council held on the 9th day of August, A D 1929, and was duly adopted and ordered publishedin the Fort Collins Express-Courier, a daily newspaper and the official newspaper of the City of Fort Collins, by the unanimous vote of all members of the City Council, as an emergency ordinance in accordance with the provisions of Sections 6 and 7 of Article IV of the City Charter of the City of Fort Collins, and thereafter and on to-wit the 13th day of August, A D 1929, said Ordinance No 19 was duly published in the Fort Collins Express-Courier, a daily newspaper published in the City of Fort Collins, Colorado IN WITNESS WHMEOF, I have hereunto set my hand and affixed the seal of said City this 13th day of August , A D 1929 City er