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HomeMy WebLinkAbout016 - 08/02/1929 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN WHEDBEE STREET IMPROVEMENT f i 1 ORDINANCE NO 16 , 1929, BEING AN EMERGENCY ORDINANCE RELATING TO ZTHE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN WHEDBEE STREET IMPROVEMENT DISTRICT NO 33, OF THE CITY OF FORT COLLINS, COLORADO, AND PROVIDING FOR THE PATMENT 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 of Ordinance No 17, Series of 1928, passed and adopted on tha 14th day of July, A D 1928, Whedbee Street Improvement District No 33 was duly created and provisions made in said ordinance for the construction of certain improvements in said district, consist- ing of grading, guttering, curbing, graveling, and draining where necessary of the street area in said district, between curbs, comprising all the lots and blocks and lands abutting on said Whedbee Street, as follows, to-wit Blocks 157, 167, 1580 168, 159 and 169 in the City of Fort Collins, Colorado being Whedbee Street from the South side of Laurel Street to the North side of Elizabeth Street That the said improvements as therein provided have been duly constructed as provided by law and duly accepted by Q the City of Fort Collins as therein provided , tht thereafter the City Engineer and the Commissioner of Works, on to-wit the 21s t 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 intereet, is $7,549 11, that in and by said report the Commissioner of Works, pursuant to the report of the City Engineer, duly apportion- ed 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 provisions of Ordinance No 7, 1921, relating to local public improvements , as amended by Ordinance No 9 1926, and Ordinance No 17, 1928, creating Whedbee Street Improvement District -1- i No 33, 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 Commissioner of Works and City Engineer concerning said proposed assessment for improvements in Whedbee Street Improvement District No 33 was by resolution of the City Council duly adopted for t1B 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 Collins for a period of ten (10) days, addressed to the owners of property to be assessed in Whedbee Street Improvement District No 33, 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 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, 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 -2- E ten days, as provided by ordinance , and that due proof of publication has been duly filed in the office of the CityvClerk, no complaints or objeotions 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 Whedbee Street Improvement District No 33 was ordered submitted for passage and adoption Section 3 That the total cost of the improvements in Whedbee Street Improvement District No 33, under and by virtue of said Ordinance No 17, 1928, of said City, including the cost of inspection, collection and interest , amounts to $7,549 11, which said sum is hereby assessed upon the real estate in said Whedbee Street Improvement District No 33, 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 Whedbee Street Improvement District No 33 comprising the following lots and blocks in said district shall be as follows -3- FINAL ASSES== ROLL FOR WIMBEE STREET IMPRt VMMT DISTRICT NLMER 33 LOT BE,OCb PROPX= MN3FR FRO A L RUIS STIMET WX ALM STE UM C3,C a IVTIR. INTER CRIDIT CRZDIT 0405T - - 3197 beorge 1. Vraper p�a -- --- .5 " W 50•-5.90'1�2-5 157 Carl Flack 50 .258 12.90 s I.500VA00' 1-2-3 167 Charles 0. Henderson 50 .2fS 12.90 W. 50, 1-2-3 157 Charles A Tenaen 50 .258 12.90 4 157 Leon T Tresner 50 2.8402 50 258 50 .1097 160.39 5 157 W B Irby Jr. 100 2.8402 180 .1097 178.20 "552p07/�7 9 501 7-8 158 Rose b Barker 50 .258 12.90 19.40* S 140f 7-8 158 A.l xahrx and Rath &. Kahrs 40 .258 10,32 Be 100 f $ 158 T Russell Johnson 50 2.8402 150 .258 180.71 B 1001 7 158 O.H Heider 50 2 8402 30 •a" 154.91 6 158 Ida Uaccawley 50 208402 50 .258 154.91 i 1:50 Tennie Johnson 50 20"02 50 0258 154.81. 4 158 The Industrial Building and Lean Assooiatlon 50 2.8402 50 Saba 154.91 3 158 Lillis y Zabel 50 2.8401 50 .258 154.91 2 158 George Charkey 50 2.8402 50 .258 154.91 1 US George Charkey 5O 2.8402 240 .258 203.93 A 50" 1-2-3 159 Flora R. 3teiewanger 50 2.8402 200 .258 50 91097 51;BE s 39t• of H.3TjT of 1-2-3 159 mayme 8 King 57425 2*8402 57.25 .258 37.25 .1o97 119.51 8.40* 1-2-5 159 falter W, Culbortaqu, Lula A. Culbertson 40 2*8402 40 .258 40 *1097 128.33 4 159 Tehn A Robinson 50 .258 12.90 S 40t 18 159 Donald .7 Melvin 1.27.25 Z 8402 127.25 .1097 575.37 21 162 C L Harvey aad Nellie Y. Harvey 152 2.8402 14 95 .258 152 .1097 452.a4 It 105• 19-20 169 T Russell Johnson, Raymond 0 Tohnsoa and George ► Johnson 102.1 2.8402 207.1 .258 10E.1 .1o97 354.61 R 155F 19-20 169 S W Robinseaq '1llma V, Robinson 85 .258 21.93 16 168 Harry Speak 50 2 8402 240 .254 203..93 15 166 Harry Speck 50 001.8402 50 .258 154.91 t- 14 168 Carl R. Brant 50 2.8402 50 .258 154.91 r� MOMITEMER M' rV 1 & L RA ... 1 !u V C&G, TOTAL IrTLR XTER CRL+IT CREDIT COST 13 Its Carl ran E0 u. 8 154091 12 168 '"illifsm Schaller 50 2.8402 50 .258 19 eo 135 41 11 188 m Co HofixanFr tww i4 d/e 50 2.840 C 50 .2!�58 154.91 10 168 Thurman E Brown �« 50 2.&40ti 50 .258 49.50 105.41 ".Wanda 9 168 t xiubbs " ,3� 50 2,0402 240 .258 203.93 16 167 Ultpn 7 Nichol song Slizaboth V V. Nicholson SO 2.8402 240 .258 50 .1097 19.50 169.91 15 167 Alice S. Milnes 50 2.840f 50 .258 50 .1097 19 50 140.89 14 167 Cora . Horsley 50 2.8402 50 .258 50 .1097 19.50 140.89 13 167 ErnasV Rossi 50 2 8402 50 .258 50 .1097 19.FJO 140.89 S W2I 12 167 Thorns$ L. Hopkins 72 2*840fIo 72 .1097 212.39 It, 108* 12 167 Otle Reese aa4 Iva Ft, Reese 106 w.8402..___-___ _-.�10Ei-_,1097---__,.------- 318.59 City of Fort Collins, * east of street Intersections 767.37 City of Fort Collins, credits for 2301 of curb and gutter at 99 � per foot and 2501 curb at 39� per foot ------------------------------------------- 325 20 1 , 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 race 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, tp pay in such installments Section 6 Failure to pay any installments, whether of 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 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 day 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 may at any tir-e pay the whole of the unpaid principal with interest accrued to the maturity of the next insuallment of interest or principal ' o 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, any and all pro perty 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 Secticn 9 It shall be the duty of the City Clerk to prepa.Le the foregoing assessment roll in said Whedbee Street Improvement District No 33 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 aty 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 pgrments made thereon, 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 property 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 became due , with suitable columns for use in case of the payment of any installments or I penalties Said roll shall be certified by the City Clerk undet 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 i 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 omm ss on r o a e a Ex-Orri-did mayor ATTEST City Cleric STATE OF COLORADO ) COUNTY OF LARIlI ER SS 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 le4h at a regular meeting of the City Council held on the 2nd day of August , ti A D 1929, and was duly adopted and ordered published in the Fort Collins Express-Courier d 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 16 was duly published in the Fort Collins Express-Courier, a daily newspaper published in the City of Fort Collins, Colorado IN WITNESS WHEREOF, I have hereunto sit my hand and affixed the seal of said City this 6th day of August, A D 1929 City Clerk