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HomeMy WebLinkAbout029 - 11/27/1926 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN COMBINED ALLEY IMPROVEMENT ORDINANCE NO , 1926, FEING AN E117TI ENCY ORDINANCE RELATING TO THE ASc;ESMENT OF THE COST OF CONSTRUCTION OF IMPROVMNTS IN COMBINED ALLEY ITjTROVEMENT DISTRICT NO 8, OF THE CITY OF FORT COLLIT79, COLORADO, AIM PROVIDING FUR THE PAUENT AND COLLECTION THEREOF BE IT ORDAINED BY ME CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That under and by virtue of the provisions of Ordinance No 18, 1926, of said City of Fort Collins, duly passed and adopted on the 19th day of June, A D 1926, Combined Alley Improvement Dstrict No 8 was duly created and provisions made in said ordinance for the construction of certain improvements in said district, consisting of grading, draining and paving, paving to consist of six inch cancrate built in concave form, or as may be necessary to facilitate the roof, surface and alley drainage of said alley within the limits of the said district, 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 Fnginser and the Commissioner of Works, on to-wit the llth day of September, A D 1926, duly reported to the City Council that the cost of construction of said improvements, including the cost of inspection, collection and other incidentals, and also including interest, is $3812 541 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 and the area of each lot or tract of land is to the total frontage and area of all the lots and lands so improved, exclusive of public highways, pursuant to the provisions of Ordinance No 7, 1921, relating to local public improvements, and Ordinance No 18, 1926, creating Combined Alley Improvement District No B. and which district is hereinafter more particularly described by lots and blocks, together with the apportiormisnt and rate per front foot and per square foot, ithe said findings and report of the Commissioner of Works and City Engineer being in accordance with the report of the City Engineer to the proposed assessment on each lot in said district. -1- Section 2 That at the regular meeting of the City Council held on the 23rd day of October, A D 1926, said report of the Commissioner of Works and C4 Engineer concerning said proposed assessment for improvements in Combined Alley Improvement District No 8 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 27th day of November, A. D 1926, 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 Combined Alley Improvement District No 8, 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 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 27th day of November, A D 1926, 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 improvemente, 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 27th day of November, A D 1926, the assessing ordinance for the cost of the improvements in Combined Alley Improvement District No 8 was ordered sLbmitted for passage and adoption -2- Section 3 That the total cost of the improvarients in Combined Alley Improvement District No 8, under and by virtue of said Ordinance No 18, 1926, of said City, including the cost of inspection, collection and interest, amounts U $3812 54, which said sum is hereby assessed upon the real estate in said Combined Alley Improvement District No 8, in accordance witn the provisions of Ordinance No 7, 1921, relating to local public improvements, and the proportion of sail cost assessed to each lot or tract of land in said Combined Alley Improvement District No 8, comprising the following lots and blocks in said district, shall be as follows -3- WIER LOT BLOCK PROPERTY OWNER AREA RATE FRONT RATE COST S34 2/311 123 W E. Bryson 4853.3 00083 342/3 4 649 165 21 N15 1/311 123 Alma E Bond 2146 7 00083 151/3 4.649 73 10 S16 2/312 123 Alma E Bond 2333 3 00083 162/3 4 649 79 42 N33 1/3t2 123 F P Willett 4666 7 00083 331/3 4 649 158 87 3 123 John L Klamm 7000 00083 50 4.649 238 28 S401 4 123 A. J Rosenow 5600 00083 40 4.649 190 62 N101 4 123 Caroline Eleanor Mantz 1400 00083 10 4 649 47 67 5 123 Caroline Eleanor Mantz 7000 00083 50 4 649 238 28 6 123 John Netzer 7000 00083 50 4 649 238 28 7 123 German Evangelical Emanual Church of Fort Collins, Colo.- a corporation 7000 00083 50 4 649 238 28 8 123 German Evangelical Emanual Church of Fort Collins, Colo.- a corporation 7000 00083 50 4.649 238 28 9 123 Trustees Methodist Episcopal Church of Fort Collins,Colo.7000 00083 50 4.649 238 28 10 123 Trustees Methodist Episcopal Church of Fort Collins,Colo.7000 .00083 50 4.649 238 28 11 123 Trustees Methodist Episcopal Church of Fort Collins,Colo 7000 00083 50 4 649 238 28 12 123 Verner U. Wolf 7000 00083 50 4 649 238 28 13 123 Ada L Baker 7000 00083 50 4 649 238 28 14 123 Elizabeth Quinn 7000 00083 50 4 649 238 28 N401 15 123 Charles G Dwyre 5600 00083 40 4 649 190 62 S10t 15 123 Christine Miller 1400 00083 10 4 649 47 67 16 123 Christine Miller 7000 00083 50 4 649 238 28 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 twenty (20) equal installments, beginning cy a 192Z, 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 intsresteA, 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 imnediately, 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 (19) per cent per month, or fraction of a month, and all penalties accrued, and shall thereupon be restored to the right to pay the installments in the same manner as if def cult had not been suffered The owners of any property not in default as to any installments or payments 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 thirty (30) days of the final passage and publication of this ordinance and an allowance of five (5%) per cent discount shall be madd on all payments made during such period only Section 8. In case of def ault in the payment of any installment of principal and int,3rest when due, any and all property concerning which such default is suffered shall be advertised by +he 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 condi+ions 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 Combined Alley Improvement District No 8 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 ordinance and the t4ing 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 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 whole amount of the assessment unpaid, the date to which the same is computed, the amount of each ins*allment of principal and interest, together with two (29) per cent additional thereon as collectior charges of the County Treasurer, and the date when the sage 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 a-al of the City, and by him delivered to the County Treasurer of Larimer County with his warrant for the collection of the some Section 10 All collections made by the County Treasurer on exid 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 intsrest may pay his share of any assessment upon g oducing evidence of the extent of his tnterest 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 dnd 7 of Article IV of the City Charter Introduced, read at length and adopted by the unanimous vote of all the members of the City Council taie 27th day of November, A D. 1926. Commissioner of Safety d EX-Off icio MayorATTEST ty Clerk STATE OF COLOR-ADO ) ) SS COUNTY OF LARIMTTR ) I, A J ROSENOw, City Clerk of the City of Fort Collins, do hereby certify and declare that the forezoing ordinance consisting of twelve (12) sections was duly proposed and read at length at a regular meeting of the City Council held on the 27t1 day of November, A D 1926, and w= duly adopted and ordered published in the Fort Collins Fxpress-Courisr, 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�harter of the City of Fort Collins, and thereafter and on to-wit the 3,0 day of November, 1926, said Ordinance No was duly published in the Fort Collins Express-Couri-r, a daily ne spaper published in the City of Fort Collins, Colorado IN WITNESS FR OF, I have hereunto set my hexed and affixed the seal of said City this 3o day of Novs A D 1926 !7 City Clerk