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HomeMy WebLinkAbout025 - 10/25/1929 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN ARTIFICIAL LIGHTING DISTRI ORDINANCE NO. 25 , 1929, BEI,;', AN ! 2RGEidCY ORDISIANCE RELATING TO THE ASSESSIS2.rNT OF ME COST - 6F CONSTRUCTION OF I1W_'ZO"3.r FdTS IN ARTIFICIAL LI11TING DISTRICT No. 1, OF THE CITY OF _IVIT CO'LLINS, C LDRADO , AND PRO®IDI uG FOR TMT PAYIENT AND COLLECTIOI; BE IT OZDAINED BY TIF? CITY COUNCIL OF TIC' CITY OF FORT COLINS: Section 1. Thr:t under and by virtue of the provisions of Ordinance No. 3, Series of 1929, passed and adopted on the 9th day of February, A. D. 1929, Artificial Lighting District Ho. 1 was duly created and provision made in said ordinance for the construction and appliances for the installation of a system of i artificial lighting of the street area in said district, bFe light standards to be located in the street parking inside of the curbs , said district comprising the lots and blocks and lands abutting on north College Avenue , to-wit: Blocks 14, 229, 23, 4, 240 25, and all that portion of Lot 3 in the reservation on the Northwest C,uarter of Section 12, Township 7 11orth, Ran;e o9 West , lying north and west of the right-of-way of the Fort Collins Development Railway Company, in the City of Fort Collins, Colorado, which said property to be assessed fronts on North College Avenue and includes all the property between Laporte Avenue and the city limits at the South end of the bridSe across the Cache Is Poudre River. That the said improvements as therein provided lave been duly tors tructed 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 'adorns , on to-wit : the 13th day of September , A. D. 1929, duly reported to the City Council that the cost of the construction of said improvements, including the cost of iuspeetion. collection and ot',.er incidentals , and also including interest, is 04277.29 ; that in and by said report the Commissioner of Works, -1- —, r ` a II pursuant to the report of the City Engineer, duly apportioned upon all the lots or tracts of land in the district improved, in pro- portion as the fronta, e of each lot or tract of land in the district is to the total of all the fronta3-e so improved, pursuant to the provisions of Ordinance No. 7, 1921, relating to local public improvements, as amended by Ordinance 11o.7, 1926. and also as amended by Ordinance No. 9, 1926, and Ordinance No. 3, 1929 , creating Artificial Lighting District No . 1, and which district is hereinafter more particulrly described by dots and blocks, together with the apportionment and rate per front foot, the said findin_;s and report of the Commissioner of Works and the City Engineer being in accord- ance 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 20th day of September, A. D. 1929, said report of the Commissioner of Works and City Engineer concerning said proposed assessment for improvements in Artificial Lighting District No. 1 was by resolution of the City Council duly adopted for the pubpose of consideration and determination at a r.> alar meting of the City Council to be held on the 25th day of October, 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 Artificial Lighting District No . 1, 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 miht 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 t a regular meeting th-reof to be held on the 25th day of October, A. D. 1929 , at the hour of eight -2- 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 con- tained in said resolution the City Clerk caused to be published said notice in the Port Collins Express-Courier, the official news- paper of said City of rort 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 havin been filed, at said meeting of the City Council held on the 25th da;, of Octoper, A. D. 1929, the assessing ordinance for the cost of the improvements in Artificial Lighting District No. 1 was ordered submitted for passage and adoption. Section 3. That the total cost of the improvements in Artificial Lighting District No . 1, under and by virtue of said Ordinance No. 3, 1929, of said City, including the cost of inspection, collection and interest , amounts to $4277.29, which said sum is hereby assessed upon the real estate in said. Artificial Lighting District No. 1, in accordaince with the provisions of Ordinance No. 7, 1921, relating to local public improvements, as amended by Ordinance No. 7, 1926, and also as amended b,z Ordinance No. 9 . 1926, and the proportion of said cost assessed to each lot or tract of land in said Artificial Lighting District No. 1 comprising the following lots and blocks in said district shall be as follows; -3— ZSSE+SS ixST ROLL FOR ARTTFI�TA LIG1MrCb DISTRICT 140.1 'Lot 'lock Property owner ntnge i2ate Zest r= 7rwik C. >, er 40,1C 1< '_'rank C. Tiller 25 1.60611 40.16 3 14 FPeale C. "filler 25 1.60611 40.16 4 14 John F. DouCaaas 25 1.60611 40.16 5 14 John F. Douglass 25 1.60611 40.16 6 14 c:dvard H. Jacobson 25 1.00611 40.1E 7 14 Gould . ,azmber ant; Invest- meat uo. 25 leG0611 40.16 a 14 Gould Lumber And Invest-.ant Co. 25 1.60611 40.16 9 14 Gould Lumber and Investment Co. 25 1*00611 40.16 10 14 Gould Limber and Investment Co. 25 1.60611 40.16 11 14 Gould Limber and Investment Coo 25 1.60611 40.16 12 14 Gould Lumber and Investment :;o. 2b 1.60611 40.16 13 14 The Consolidated "_ruck Co. 25 1.60611 40.16 14 14 The Consolidated rruok Co. 25 1.00611 40.16 $. 109 of 15 14 The Consolidated ,.ruck Co. 10 1.60611 16,06 r. 15 for 15 14 V. G. Davis 15 1.60611 24.09 so 120090f 16 14 V. 0. Davis 1.2.6 1,60611 20.L4 No 12.41of 16 14 and Cora 8. Austin 12.4 1060611 19.9 > 17 14 J,So and Cora B. Austin 21.25 1069611 34.1 S. 12.6'of le 14 J.10. and Cora B. Austin 7.56 1.60611 1: .14 No 12.4+of 18 14 u.,?. and F.B. ?Tiller 7.44 1160613 11.95 it 14 ZoN. and F.B. Biller E3.7 1.60611 14.05 20 14 &H. and F.B. :tiller 2.50 1160611 4.02 1 2.2 Sleourney D. `Fall 25 1.COGli 40.15 2 22 Sigourney D. Fall 25 1.60611 40.15 3 22 Sigouraney Do Hall 25 1060611 40*lt 4 2E Si®Duriiay D. $1t11 25 1160611 40.15 S 22 S14purney D. Hall 25 1160611 40.15 6 22 Carl. A. Kuhre Z5 1.60611 40.15 7 22 Carl A. Kuhre 25 1.6 611 40.15 8 22 rAwl.d Lumber and Investment Co. 25 1.F0611 40*15 9 22 Gould Lumber and Investment Co. 25 1.60611 40.15 10 22 Gould :Amber and Investment Co. 25 1060811 40.15 11 22 Gould Lurzber and Investment Co. 25 1060611 40*15 Nilliam n. Trimble lv 22 �Sthel TrumAn Trimble 25 1060611 40.15 `arren K1111em ii. Trimble 13 22 Truaaa Trimble 25 1060611 40.15 Ethel Warren 14 22 ;:amuel and "'adle nvirtzman 25 1.60612 40.15 15 23 amusl and "adie ^virtzmaan 25 1,60611 40.15 16 22 Boise -layette .u:aber ; oupeny 25 1160611 40.15 17 22 !-'Oise Payette Lumber o-r-any 25 1.6G611 40.15 18 22 Boise :'ayottd Lumber Company P.5 1160611 40.15 19 L2 Noise ;,ayette Lumber -ompany 25 1.60611 40.15 20 22 Boise Payette Lumber Company 25 1160611 40.15 2i 22 Boise ^ayette Lumber Company Z5 1000611 40.15 _2_ Iot i' oo ''rope y Owner 7sninge ::ate Cost 1 23 rnest I>teele 25 1,60611 V6 40,15 2 23 -Mest ^;. Steele E5 1060611 40.1: 3 23 Ernest '=. t e a 1 e t,5 1160611 40.15 4 �3 .,rnest C. oteele 25 1160611 40,15 5 23 irnest G* Steele 25 1060611 40,15 6 23 Ernest 0. Steele 25 1.60811 40.15 7 23 Colorado and ! cut hem R, R, 25 1.60611 40,15 8 23 Colorado and Southern R. Re 2L 1.610611 40.15 9 23 Colorado and southern R. R. 50 1*60611 so,30 10 23 Colorado and Southern R, R, 50 1060611 80,300 11 23 Union `acific R, R. 50 1060611 e0*30 12 23 [''pion -�acifio Re -Re 50 1,60611 80,30 "Olof 5 4 Continental Oil Co. a Corp. under the Lawn of Delaware 50,E7 1060611 80,74 501of 6 4 Continental Oil Co, a Corp, under the Laws of Delaware 50.27 1.60611 60,74 7 4 0ohn J. ➢aman, agrees to sell to fps. . ~ aston 50,27 1,60611 60,74 8 4 City of ;'ort Collins, Colo, a `:unicipal Corp. 50.27 1060611 80074 9 4 ublic ::erQice Company of Colorado 50,27 1,60611 80,74 All that part of Lot 10 lying ',orth Of CO& :s* right of way 4 Public Service Co. of Colorado 32,07 1,60611 51.51 That part of :,ot 10 beg.Zz*07'S. of ,north line of 10 and extending 52,2* along College ,°,ve. 4 Colorado and Southern R.R. 52.E 1.00611 83.64 That ?aert of lot 10 lying south and went of the C,& . . right of way,including the College ,_re. and :Spruce `"treet vacancies, .?lock 4 Union ' acific R.R. 148 1,60611 237,70 4 4 Roy illiams 50.27 0068056 34,21 3 4 Roy Itilliams 50,Z7 0*68056 34.21 A11 that portion Lo# 3 of i , l" 7-69,within Reservation lying " and of Linden :street , ::aid : treet being in 'fart Collins and lying r, of = of fs of Fort Collins Develop0ment Railway Company--- F'aulineand :obert 'Peterson M 0168056 110.25 Com.1629 Ya of `',= cor Block 4,`xh.N.119081 being that portion of right of tray abutting on College ;:venue------Colorado and :;outhern R. 119,76 0,68056 81.54 .All that portion of Lot 3. in the Reservation on the i «-y of �' ec,l-, T 7F. R 691N,91ying Via, and b, of the right of v y of the tort Collins Develop{ at Railway Company-- --_------City of Mort Collins, Colo. a 'Amicipal Corp• 570.22 0*680be 388106 3. 125wof 7.1•,-,ck 24 Union Pacific Re )" 125 0.6€#0 8 85,07 No 1751 of _ , 5009 of :'.Lock A Colorado grid Southern R. R. 195 0168056 119.10 ri. 15 t of Block 24 Union :''acific H. R, 152 0*68056 1C3045 .11 of clock 25 -nion _Acific R, Ile 500 0.6f3 56 340.LB 0 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 , wit! out demand, provided that all assessments may at the election of the own-srs of the property i to be assessed be paid in ten (10) equal installments , beginning December 1 , 1929 , 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�u) per cent per annum. Section 5. Failure to pay the whole of the assessment with-_n the said period of t .irty ( )0 ) days shall be conclusively considered and held an election on the part of all persc.-s interested, whether under disability or ot'h. nvise, 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 becoe)e due and payable imr-ediately, and the whole amc.unt of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one (1j6) 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 (1T) per cent per month, or fraction of a month, and all penalties accrued, and shall there- upon be rsstored to the ri ,ht to pay the installments in the same manner as if default had not been suffered. The ownars of any property not in default as to any installments or pW 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 tarty (30 ) days of the final passae 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 S. In case of default in the payment of any install- ment of principal and interest when due , 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 of "ects 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 Artificial Ligixting District No. 1 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 or payment of the whole amoun:L/of any installment or penalty, and deliver the same to the City Treasurer and ther--after 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 th-.,reof. 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 shall prepare a permanent local assessment roll in book form showing in suitable columns each piece of real estate or property upon which the as;.sessment is unpaid, the dare to which the same is computed, the amount of each installment of principal and interest , together with two (2fo) 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 Clark 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. 4 Section 10. All collections made by the County Treasurer on said assessment roll in any calendar month shall be accouhted 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 ,- nanimous vote of all members of the City Council this 25th day of October, A. A. 1929. ommissione or Sal-57LX-v i Mayor ATT ST: city er . STATE OF COLORADO ) J"S. C0UHTY OF LARIT ER ) I, A. J. 30SF.TOW, City Clerk of the City of Fort Collins, do hereby certify and declare that the for-- going ordnance consistin of twelve (12) sectinns was duly proposed and read at length at a regular meetir ; of the City Council 'held on the 25th day of October, 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 n and 7 of Article IV of the City Charter of the City of Fort Collins , and thereafter and on to-wit: the 29th day of October, A. D. 1929 , said Ordinanee 'No. 25 was duly published in the Port Collins Ex ress-Courier> a daily newspaper published in the City of Fort Collins, Colorado. I1I dITl:DSS 'NHMI2�­OF, I have hereunto set my hand and affixed the seal of said City, this 29th day of October, A. D. 1929. City—Clerk.