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HomeMy WebLinkAbout017 - 08/02/1929 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN PLUM AND PETERSON STREETS ORDINANCE NO 17 , 1929 , BEING AN EMERGENCY ORDINANCE RELATING710 THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IlEPROVDTENTS IN PLUM AND PETERSON STREETS IMPROVEMENT DISTRICT NO 35, OF THE CITY OF FORT COLLINS, COLORADO , AND PROVIDING FOR THE PA)WNT 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 provisions d Ordinance No 22, Series of 1928, passed and adopted on the 25th day of August, A D 1928, Plum and Peterson Streets Improvement District No 35 was duly created and provisions made in said ordinance for the construction of certain improvements in said district, consisting of grading, guttering, curbing, graveling, and draining where necessary, of the street areas in said district for a distance of approximately sixty (60) feet between curbs , comprising the lots and blocks and lands abutting on said streets, as follows Blocks 15% 1580 159, 148 and 149 and also a portion of Block 147 to be assessed for street intersection as provided in Ordinance No 7, 1921, all in the City of Fort Collins, Colorado, being Plum Street from the West property line of Whedbee Street to the West property line of Peterson Street , and Peterson Street from the South property line of Plum Street to the North property line of Elizabeth 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 21st day of June , A D 1929, duly reported to the City Council than the cost of the construction of said improvements , including the cost of inspection, collection and other incidentals, and also including interest, is $6904 10, that in and by said report the Commissioner of Works, pursuant to the report of the City Engineer, duly apportioned upon all the lots or tracts of land in the district improved, in proportion as the frontage of each lot or tract of land in the district is to the total of all the frontage so improved, -1- pursuant to the provisions of Ordinance No 7, 1921, relating to local public improvements, as amended by Ordinance No 9, 1926, and Ordinance No 22, 1928, creating Plum and Peterson Streets Improvement District No 35, and which district is hereinafter more particularly described by lots and blocks, together with the apportionment and rate per front foot, the said findings and report of the Commissioner of Works and the City Engineer being in accordance with the report of the City Engineer in respect to the proposed assessment on each lot in said district Section 2 That at the regular meeting of the City Council held on the 28th day of June, A D 1929 , said report of the Commissioher of Works and City Engineer concerning said proposed assessment for improvements in Plum and Peterson Streets Improvement District No 35 w$s 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 2nd 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 Co111ns for a period of ten (10) days, addressed to the owners of property to be assessed in Plum and Peterson Streets Improvement District No 35, 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 arty 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 Council, at a regular meeting thereof to be held on the 2nd 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 , -2- 7 � 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 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 2nd day of August, A D 1929, the assessing ordinance for the cost of the improvements in Plum and Peterson Streets Improvement District No 35 was ordered submitted for passage and adoption Section 3. That the total cost of the improvements in Plum and Peterson Streets Improvement District No 35, under and by virtue of said Ordinance No 22, 1928, of said City, including the cost of inspection, collection and interest, amounts to $6904 100 which said sum is hereby assessed upon the real estate in said Plum and Peterson Streets Improvement District No 35, 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 cost assessed to each lot or tract of land in said Plum and Peterson Streets Improvement District No 65 comprising the following lots and blocks in said district shall be as follows -3- � r a FINAL ASSESSUMT ROLL FOR PIS AND PZVEMON STREET IWROV AIST♦Ho! 35t y DOF IM ♦ T tall XLENT . r GUITWIT FRMAGE C.=llS.SAG 040* of 1-8-3 157 George We Draper 40 $1*955 40 00M w 50* of E♦90* 1-2- 3 157 Carl ?Udk 50 10955 50 Z!50* of 1.100t 1-2-3 157 Obarles 4. Roadermm 50 10OBS 50 .0 .,, W*50•,pof 1-2-3157�'j Charles A* Tongan 50 "955 Yf+y 50 007 0 �9: of 16 ��.ia:Ml Katie L. 071mpold c95 N8555 �05 *11739 95 ''*0745 7�1 of 16 15 L4atie Ridd�i.�4 rd D� .L.�•ti! i�� •175S 95 y i�5K 15 Ir Fred Fens and Clem -iiVan s 50 .1939 14 10Anna N* Boyack 50 .1730 13 157 S, 5. ftrfler 50 17*9 7 5 147 Mein Lo PotBr ra .10 t1739 a 1 4 147 X H, Riddell. 4e, .1739 � H♦90* of 1-2-3 149 .4pbs Kappa FrateTnIty 210 0I739 2.40* of a sot of 1-2-3 147 Fink Tkeobald 40 t17$9 We 40* of 1-2-3 147 Gha,rles Xseard Bray♦-Ldith A.. Pray 40 ♦17 S9 24 1417 Nvard 0, Littler 40 01739 23 147 bbrrtle Barker 2fl 1732 10 146 WILlim A* Stallings 20 01730 � 9 148 R1111an Be Akin 40 ♦1739 � 8 140 WillUm Be A�dn 50 1*955 220 ♦1939 50 .60 7 148 IStsr Tubby and Helen i'cabby 50 I.955 50 ♦1739 50 ♦60 8 1443 Reil F, Omhem 50 1*9 5 50 ♦1-13 5 140 Alta F& Glo" 5D 1.9g55� 00 ♦179 4 14E 3mais w 10955 00 .1p39 3 148 C� �lotts Sign so 1.255 50 .1739 50 60 2 140 Re A* XOGintp so 1.955 50 ♦171to 1 50 OGIO 1 14€3 l't we Wile= bO 1.955 220 017a# 22 140 will1ax H. Ballard 40 61*139 1 21 148 William He Rall.ard: 20 41709 ' 5 149 J, Go Evans 50 01739 4 4 140 Chsrlea G. Byars 150 01139 3 149 Cherles Go Myers 50 .1739 2 149 Lorenzo F. Vleaver 50 01,730 1 149 Lorenzo Ft k lowe r 128.5ty 1.955 x7"�.3 .1739 128.3 ♦0755 20 149 L* H, Tile 1. .3 1.958 I28.���♦ 755 �j 60 9 159 Effie A. Steinmetz 12861. 1#955 12R„ 55 lOfl 8 159 G wlal.ep Smith and r Drummond Smith 128.1 1.955 17€ 11 01739 l eel. .g755' f � C FR01 TAGZ 00 30 094 148*55 ♦ 6 148953 95 ♦94 C98070 B5 ♦$� 3i�7�40 MO 8♦70 k3*7© 6096 6496 96♦52 646 8096 6 96 3*40 3066 8.06 166*01 106♦" 1664" 106♦" 136♦44 004 181 001 t 6*96 33}48 8*69 8.d4 9 8W89 12605 6*3 ,94 �t10 ~ 094 3ajoo 4 31 i i h IV M* I T T e- p�ttTstt p t ? 159 Re R. Tulian 50 .1739 6 159 Join R. Robinson so .1739 5 159 John► H, aoDinma '30 *l?z9 16 M Clare S. GSllette 50 1.�vss 840 .1739 15 156 Ratio Orton 50 1.555 58 .1739 i �Q 14 lw U* J Warner 5o 1455 50 41739 1 5o 13 158 Lewis Miller and Ora Miller 50 IOS55 50 .1739 50 13 158 J A Pomock 50 1.955 50 .1739 � 11 158 IIan ACa 80 1.955 50 *1739 9a .fl755 We 90 of 9 and 10 1w Peter 0. Beakwell 1" 1.965 ISO 1.50# of € e 140 t of M10 156 Charles R. Todd and /��j��+ Jeanette fl. Todd 50 1.955 5G .1739 54 00755i 3. SO• of Sand 10 I58 Arthur Fraderiok Sohroer, Anna Louise Schroor 50 10955 50 w1730 30 .t3 _ -"` W. 50* of 9 ax+d8 ISO Rase A Barker 50 1,955 60 .0 -. ._. __ W*40•of R. 144' of 7&8 15B A J.Kahre and Rath B. Kahre 40 1.955 A-0 E* 1001 of 8 IW T. Mmsell Xchnson 100 1.955 100 .fl7B --- City of Fort Collins one half the cast of street interseotions I 1 I it A y df X ( L 'ki. + cr QpoaT .6Q T SO .$4 1466 .60 x04 �.48 f3Q .94 Ito .$� �58%4t* -- Ew 00 t • _,.—tom 66�1.�J3 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, without 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 September 15 , 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) per cent per 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 whale of the unpaid principal to oecome due and payable immediately, 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 all 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 payments ma,* 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 thirty (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 Section 8 In case of default in the payment of any installment of principal and interest when due, akly and all pr6perty 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 timeor times and in the same manner, under all the same conditions and penalties and with the same effects as are provided by lair 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 Plum and Peterson Streets Improvement District No 35 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 whole 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 orainance 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 thareqn, with the date of each payment, and thereupon the City Clerk shall prepare a permanent local assessment roll in book form showing in suitable columns each piece of real estate or pmoperty upon which the assessment is unpaid, the date to which the same is computed the amount of each installment of principal and 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 pWment of any installments or penalties Said roll s1halil 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 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 2nd day of August, A D 1929 o ss oner o e an icio ayor ATTEST City Clerk 1 Y `- STATE OF COLORADO ) SS COUNTY OF LARIME'R ) I, A J ROSENOW, 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 regular meeting of the City Council held on the 2nd day of August , A D 1929, and was duly adopted and ordered published in 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 6th day of August, A D 1929, said Ordinance No 17 was duly published in the Fort Collins Express-Courier, a daily newspaper published in the City of Fort Collins, Colorado IN WITNESS WHDREOF, I have hereunto set my hand and affixed the seal of said City this 6th day of A st , A D 1929 City Clerk