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HomeMy WebLinkAbout040 - 11/21/1925 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN WATER MAIN DISTRICT NO. 3 ORDINANCE NOU , 1925, BEING AN EiERGENCY CRDINANC^ RELATING TO THT ASSESSNCi NT OP THE COST OF CONSTRUCTION OF I4TROVEri""NTS IN WATER MAIN DISTRICT NO 3 OF TT' CITY OF FORT COLLIVS, AND PROVIDI17G FOR TIE PAY1j2NT AND COLLECTION TPEPEOF BE IT ORDAINED BY TIE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That under and by virtue of the provisions of Ordinance No 14 1925, of said City of Fort Collins, duly adopted and apvroved on the 23rd day of May, A D 1925, {Water Main District No 3 was duly created and provisions made in said Ordinance for the construction of certain improvements in said district, consisting of water mains with laterals therefrom that th- said improvements as therein provided have b--n duly cons tructed as provided by lav and duly accepted by the City of Fort Collins as therein orovided that thereafter the City Engineer and the Commissioner of Works, on to-wit the loth day of October, A D 1925, 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 $1,567 52 to be assessed upon the real estate in the said district that in and by the said report the Commissioner of works, pursuant to the report of the City Engina-r, duly apportioned upon all of the lots or tracts of land in the district improved, in proportion as the frontage of each lot or tract of land is to the frontage of all the lots or tracts of land so improved exclusive of public highways, pursuant to the provisions of Sections 14 and 31 of Ordinance No 7 1921, as amended by Ordinance No 13, 1924 and Ordinance No 14 1925, creating Pater Main Disl-riet No 3, and vihich district is hersinaft-r more particularly described by lots and blocks, together with the apportionment and rate m r front foot, the said findings and report of the Commissioner of M rks and City Engin-er being in accordance mi th the r-port 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 17th day of October A D 1925, said report of the Commissioner of R'ork� and -1- City Engineer concerning said proposed assessments for improvements in Water Main District No 3 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 21st day of November, A D 1c25 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 newspaler of the City of Fort Col ins for a period of ten days, addressed to the o mars of property to be assessed in Water Main District No 3, stating the whole cost of the improvementw and the share apxortioned 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 vithin thirty days from the publication of said notice, would be heard and determined by the City Council, at a regular meeting thereof to be h-ld on the 21et day of November, A D 1025 at th> hour of night o'clock in the forenoon of said dewy in the Council Chamber in the City Fall in said City that after said hearing the City Council would take up the matter of the passage of an ordinance assessing the co. t of said improvements that pursuant to the authority contained in said resolution the City Clerk caused tole 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 said publication hiis be-n duly filed in the office of the City Clerk no complaints or objections having bsen filed, at said muting of the City Council held on the 21st day of November, A D 1925 the as essing ordinance for the cost of the improvements in said Water Main District No 3 was ordered submitted for passage and adoption Section 3 That the total cost of the improvements in said Water Main District No 3 under and by virtue of said Ordinance No 14, 1925 of said City, including the cost of inspection collection and interest, amounts to $1,567 52 to be assessed upon the real estate in said district and whicl, said sum is hereby assessed upon the real estate in said Wat-r Main District No 3 in accordance with the provisions of Ordinance No 7, 1921, as amended by Ordinance No 13, 1924, relating to local public improvements and the proportion of said cost assessed to -2- each lot or tract of and in said Water main District o 3 comprising the following lots and blocks in said district,shall be as follows -3- 24.T t ---LIITY TMI moax 1, WtAD=trj AMITION 13 1 1 c *adlty 50 123039 61.52 14 1 2 C Bradley 50 1 23039 61 52 15 1 1 C Bradley 50 1 23039 61 52 16 1 1. Co 8raQ1e,�► 50 1 2 039 61 52 1 i x c Bradley 50 1 23039 61 52 1.9 1 I C Bradley 50 1 23039 61 52 19 1 1 Co Bradley 50 1 230 g 61 52 20 1 1 0 Bradley 50 1 203�9 61 52 21 1 I C Brad1•y 50 1 4021039 61 52 22 1 1 0 Bradley 50 1.2039 61 52 23 1 I. C Bradley 50 1 230 9 61 92 24 1 I C Im4lsy BM 2 MADL�?Yfo ADD 1.23 39 6 .to 1 x C Braille 1.23539 9�•28 2 1 C Bradlee 75 1.2 039 g� 28 3 2 1 0 Bradley70 1 231039 86.12 4 2 2 C Bradley 50 1 2 039 61 52 5 2 I C Bradley 50 1 233039 61 52 6 2 1 0 Stssdloy 50 123039 61 >2 7$ n 1 0 Bradley 50 1 23039 61 52 2 1 c Bradley 50 1 23039 61 52 9 2 1 C Bradley 50 1 23039 61 52 10 2 1 0 Bradley 50 1 230 9 61 52 11 2 I C Bradley A 230 9 61 52 12 2 1 0 Bradley 52 1 230 q 6398 Section 4 All assessments herein provided for shall be due and payable within thirty days from the final passage and publication of this ordinance, without demand, provided that all assessments may at the election of the omers of the property assessed be paid in ten (10) equal installments beginning 192 , and payable annually on said last manlZonqd date t reafter, until the full amount thereof has been naid, with interest on the unpaid principal payable semi-annually at the rate of six (6o) per cent par annum Section 5 Failure to pay the whole of the assessment within the said period of thirty 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 installments, whether of principal or interest, when due, shall cause the whole of the -Lnpaid principal to become due and payable imnediately, and the %hole amount of the unpaid principal and accrued interest shall trereafter 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 oaner may pay the amount of all unpaid installments, with interest at one (lo) per cent per month, or fraction of a month, and all penalties accrued, and shall thsr=upon be restored to the right to pay the installments in the same mann-r as if default had not been suffered The owners of any broperty not in default as to any installments or payments may at any time pay the whole of the unpaid principalL 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 Dublicatior of this ordinance and an allowance of five (5%) per cent discount shall be made on all payments made during such period only Section B In case of default in the payment of any installment of principal and interest r�hen due, any and all property concerning which such default is suff red shall be advertised by the County Treasurer and sold for the payment of the whole of the unpaid as essirent thereon, at the same time or times and in the same manner, under all the same conditions and penalties and with the sarre effects as are provided by law for sales of real estate in default of the payment of general taxes Section 3 It shall be the duty of the City Clerk to prepare the foregoing assessment roll in said I%t-r Main District No 3 in proper form showing in suitable columns each piece of real estate assessed, the total amount of th- 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 aame 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 thm expiration of the thirty (30) days the City Treasurer shall return to the City Clerk the ass-ssment roll showing all paym-nts made thereon, with the date of each payaant, and thareupon the City Clerk shall prepare a penranent local assessment roll in bock form, showing in suitable columns each piece of real estate or property upon which the as"ssrrent is unpaid, the whole amount of the assessment unpaid, the date to which the same is computed, the amount of each installment of principal and interest, together with two (2%) per cent additiot-Ath-raon as collection charges of the County Tr-asurar, and the date ahen 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 d the saws 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 awry month, with separaue statements for all such collections for each month, in the same manner as general taxes are pr by the County Treasurer to the ° ty Section 11 The own-r of any divided or nmdivided interest may pay his share of any assessrent upon producing evidence of the extent of his interest satisfactory to the offic-rs having the roll in charge Section 12 In the opinion of the City Council an errergency exists for the prose-vation of the public health, peace and safety, and this ordinance shall take affect 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 the members of the City Council this 21st day of November, A D 1925 Comr�iss>-onsr of SpIty and I;x- f>.c;.o 9ayor jg ATTEST ity Clerk STATE OF COLORADO ) } SS COU','TY OF UPIWP ) I A J ROSr^ATOn' City Clerk of the City of Fort Collins do herby c-rtify and declex a that the foregoing ordinance consisting of twelve (12) sn ctions was duly proposed and read at length at a regular reeting of the City Council held on the 21st day of November, A D 1925 and was duly adopted and ordered publisned in the Fort Collirs Express-Courier, a daily newspaper and the official newspaper of the City of Fort Collins, by the unanimous vote of all membsrs of the Council, as an -emergency ordinance, in accordance Hdth the previsions of Sections 6,nd 7 of Article IV of the City Charter, and th re fter on to-wit the ,2,6�— day of November A D 1925, said Ordinance No 4tD_ was duly published in the Fort Collins Exress- Co-rier, a daily newspaper published in the City of Fort Collins, Colorado In WITNESS W'R;OF I have hereunto sat my hand and affixed the seal of said City this Z 4 _t4 day of November, A D 1925 City Clerk