HomeMy WebLinkAbout034 - 11/10/1923 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN PEARL STREET PERMANENT IMP ORDINANCE NO 1923
BEING AN M EPGENCY ORDINANCE RELATING TO THE ASSESS11ENT OF THE COST
OF CONSTRUCTION OF IMPROVDENTS IN PEARL STREET PERMANENT IMPROVEMENT
DISTPICT NO 10, OF THE CITY OF FORT COLLITS, AND PROVIDING MR TM
PAYIvM AND COLLECTION TT=OF
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 3, 1923, of said City of Fort Collins, dilly passed and
adopted on the 27th day of January, 1923 and the authority contained
in Ordinance No 7, ;921 now in force and effect so far as this
district is concerned, as hereinafter set forth, Pearl Street
Permanent Improvement District No 10 was duly created and provision
made in said ordinance for the construction of certain improvements in
said district consisting of reinforced concrete paving, curbing�nd
guttering within the limits of the said district that the said
improvements as therein provided have been duly constructed and
completed as provided by ordinance, and duly accepted by the City of
Fort Collins as therein provided that thereafter the City Engineer
and this Commissioner of works, on to-wit the eth day of October,
A D 1923 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 interest to the
first day of Harch, A D 1924 to be assessed to the property and
owners thereof in said district is $6783 34 that in and by the said
report the Commissioner of works pursuant to the report of the City
Engineer, d4ly apportioned upon all of the lots or tracts of land
abutting upon the street improve#n proportion as the frontage of
each lot or tract of land is to all the frontage of all the lots or
tracts of land so imVroved, pursuant to Ordinance No 7, 1921, relating
to local public improvements, and the provisions of Ordinance No 3,
1923, and which said assessment was made in accordance with the
provisions of Sections 7, 8 and 9 of Ordinance No 7, 1921, which
ordinance is now in force and effect for the purpose of this assessment
ordinance and which said Pearl Street Permanent Improvement District
No 10 is hereinafter more particularly described by lots and blocks
together with the apportionment and rate per front foot, th3 said
findings and report of the Commissioner of Works and City Engineer being
in accordance with the report of the City Engineer in respect to the
proposed assessments on each lot in said district
Section 2 That at the regular meeting of the City Council held
on the 6th day of October, A D 1925, said report of the Commissioner of
Works and City Engineer concerning the said proposed assessments for
improvements in Pearl Street Permanent Improvement District No 10 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 at
eight o1clock in the forenoon on the loth day of November, A D 1923,
pursuant to a notice of the City Clerk as provided by ordinance that in
and by said resolutiln 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 in compliance with Section 15 of Ordinance No 7,
1921, addressed to the owners of property to be assessed in Pearl Street
Permanent Improvement District No 10, 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 tnirty (30) days from the publication of said
notice would be heard and determined by the City Council ab a regular
meeting thereof to be held on the loth day of November, A D 1923, 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 said
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 ne +spaper of
2
said City of Fort Collins, for a period of ten (10) days, as provided by
ordinance, and that due proof of publication has been duly filed in the
office of the City Clerk that at said meeting of the City Council held
on the loth day of November, A D 1923, as aforesaid, the written
complaint or objection so filed in the office of the City Clerk being
heard and upon consideration and motion the same was overruled as being
insufficient in law and fact and after consideration the assessing
ordinance for the cost of the improvements in said Pearl Street Permanent
Improvement District No 10 was on motion ordered submitted for passage
and adoption
Sec+ion 3 That the total cost of the improvements in said Pearl
Street Permanent Improvement District No 10, under and by virtue of
Ordinance No 3, 1923, of said city, including the cost of inspection
collection and interest to the first day of March, A D 1924, amounts to
$6783 34 and the sum of $6783 34 is hereby assessed upon the real estate
in Pearl Street Permanent Improvement District No 10, in accordance with
the provisions of Sections 7, 8 and 9 of Ordinance No 7, 1921, and also
pursuant to the authority contained it Section 10 of Ordinance No 3, 19233
creating said district and the proportion of said cost assessed to each
lot or tract of land in said Pearl Street Permanent Improvement District
No 10, comprising the following lots and blocks in said district, shall
be as follows, to-wit
FIT AL _JJill RT � tUh PEA S rM. T 1 T T
NO 10
LOT PRO RTY O'VNER FRONinuE-COST PER FOOT TOTAL
BLOCK +S LADDITION
3 Katherine B Jenkins 150 5 7003 855 05
7 Ned Hodjkins--Contract to Ralph
Kimble 50 5 7003 285 01
9 Joseph h Jacobucci 50 5 7003 285 01
11 E D Freeman--Contract to Dan Spitzer 50 5 7003 285 01
13 B N Troutman 50 5 7003 285 01
15 Victoria Eddy 50 5 7003 285 01
17 Tinsley C Fry 45 5 7003 256 52
21 F M Richard 150 5 7003 855 05
BLOCK 9 HENSEL ADDITION
4 Florence E Ripple 150 5 7003 855 05
8 Florence R Krieger 50 5 7003 285 01
10 Florence R Krieger 50 5 7003 285 01
12 Francus E Ott 50 5 7003 285 01
14 Vernon E Blake 50 5 7003 285 01
16 Martha E Morgan--Contract to Horace
G Shaw 50 5 7003 285 01
18 Edgar F Trimble--Contract to Ward
H Mavis 45 5 7003 256 52
22 Charles F Bates 150 5 7003 855 05
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 ovaiere of the property assessed be ioaid in twenty (20)
annual installments beginning December 15, 1923, 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 six (6%) per cent per annum
Section 5 Failure to pay the whole of the assessments within
the said period of thirty (30) days shall be conclusively considered and
held an election on the part of all rersons 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 whole of the unpaid principal to
become due and nafable 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 ovmer may pay the amount of all unpaid installments, with
interest at one (lp) 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 default had not been
suffered R'hs owner of any property not in default as to any
installments or payments may at any time pay the whole of he unpaid
princpal, with the interest accrued to the matirity 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 (5l) 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 property concerning which
such default is si.ffered shall be adver ised 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
as
and penalties and with the same effec,Og/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 Pearl Street Permanent Improvement
District No 10 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 uenalty end deliver
the same to the City Treasurer, and thereafter payments -ray be made to
the City Treasurer at any time within tnir'y (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 payments made thereon,
with the date of each vayment, 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 as essment unpaid, the date to which the awe was
computed, the amount of each installment of principal and interest,
togetier mite two (e) 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 parnent of any installmen*s 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 *he collection of the gams
Section 10 All collections madd by the County Treasurer on said
assessment roll in any calendar month shall be accounted for and paid over
to the City Treasurer on or before the tenth day of the next succeeding
calendar month, with separate statements for all such collections for
each month
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 uoon its passage and publication under
and by virtue of the autrority contained in Sections 6 and 7 of Article IY
of the City Charter
Introduced read at length and adopted by the unanimous vote
of all members of the City Council this loth day of November A D 1923
i
Commissioner of Safety an xOfficio Maryor
ATTEST
City Clerk
STATE OF COIARADO )
) SS
COUNTY OF IA RIMER )
I A J ROSFNOW City Clerk of the City of Fort Collins,
do hereby certify and declare that the foregoing Ordinance consting of
twelve (12) sections, was duly proposed and read at length at a regalar
meeting of the City Council held on the loth day of November, A D 1923"
and was duly adopted and ordered published in the Fort Collins Express-
Courier, a daily newspaper and the official *Nspaper of the City of Fort
Collins, by the unanimous vote of all members of the Council, as an
emergency ordinance, in accordance with the vrovisions of Sect one 6 and
of Article IY of the City Charter and thereafter, on to-wit the �}7
day of November, A D 1923, said Ordinance No -?// was daly published
in the Fbrr Collins Express-Courier, a daily newspaper published in the
City of Fort Collins, Colorado
IN WITNESS WHEREOF, I hi¢.ve hereunto set my hand and
affixed the seal of said City, tnis ,��`day of Nov ber A D 1923
ity Clerk