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HomeMy WebLinkAbout012 - 05/27/1922 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN SANITARY SEWER DISTRICT NO IINANCE No , 19 , RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMFNTS IN SANITARY SEWER DISTRICT NO 37, OF THE CITY OF FORT COLLINS, AND PROVIDING FOR THE PAYMENT AND COLLECTIGJ THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1. That under and by virtue of the pro- visions of Ordinance No. 31, of said City of Fort Collins, duly adopted and approved on the 31st day of December, A. D. 1921, Sanitary Sewer District No. 37 was duly created and provisions made in said ordinance for the construction of certain improve- ments in said district , consisting of sanitary sewers, 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, tlat thereafter the City hngineer and the Commissioner of Works, on towit the 8th day of April, A. D. 1922, duly reported to the City Council that the cost of con- struction of said improvements, including the cost of inspection, collection and other incidentals, and also including interest to June 1st , 1922, is 6460.88, that in and bysiid report the Commissioner of Works, pursuant to report of the City hngineer, duly apportioned upon all of the lots or tracts of land in the district improved, in proportion Ras the area of each lot or tract of land is to the area of all the lots of- tracts of land so improved, exclusive of public highways, pursuant to the pro- visions of Sections 14 and 31 of Ordinance No 7, 1941, relating to local public improvements , and Ordinance No 31, 1921, creating Sanitary Seger District No. 37, and which district is hereinafter more particularly described by lots and blocks, together with the apportionment and rate per s quare foot , t"ie said findings and report of the Commissioner of Works and City hngineer being in accordance with the report of the City Engineer in respect to the proposed assessments on each lot in . yid district . Section 2 That at the regular meeting of the City Council held on the 8th day of April, 1922s said report of the Commissioner of Works and City Engineer concerning the said pro- posed assessments for improvements in Sanitary Sewer District No. 37 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 13th day of May, A. D. 19220 pursuant to a notice of the City Clerk as provided by la,w, 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 days, addressed to the owners of property to be assessed in Sanitary Sewer District No. 37, stating the whole cost of the improvement 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 t4irty 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 lsth day of May, A. D. 1922, at the hour of one o'clock in the afternoon 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 s aid notice in the Fort Collins 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 has been duly filed in the office of the City Clerk, no complaints or objections having been filed, at s aid meeting of the City Council held on the lsth d ay of May, 1922, the assessing ordinance for the cost of the improvements in said Sanitary Sewer District No. 37 was orderua submitted for passage am adoption. Section 3. That the total cost of the improvements in said Sanitary Sewer District No. 37, under and by virtue of said Ordinance No 31, 1921, of said city, including the cost of in- spection, collection and interest to the 1st day of June, 1922, amounts to $460 88, which said sum is hereby assessed upon the real estate in said Sanitary Sewer District No. 37, in accordance with the provisions of Sections 14 and 31 of Ordinance No. 7, 1921, relating to local public improvements, and the proportion of said cost assessed to each lot or tract of land in said Sanitary Sewer District No 37, comprising the following lots and blooks in said district , shall be as follows, towit FINAL ASSESSMENT ROLL SANITARY SEWER NLUBER 37 LOT N0. PROPERTY OWNER AREA RATE COST _ BLOCK 62 W14011 George P. Avery 21700 .006o96 132.28 E140' 10 George P. Avery 21700 .006o96 132.28 BLOCK 61 W140' 5 Sumo J. Brolliar 161oo .0o6096 98.15 E50' 6 Oliver Wilkins 575o .006o96 35.05 W50'ofEl0O' 6 P. M. Webster 575o .006o96 35.05 E40' ofCf9O' of 6 John L. Klamm 4600 .006o962 28.07 Section 4. All assessments herein provided for shall be due and payable within thirty days from the final passage and pub- lication of this ordinance, without demand, provided that all assessments may at the election of the owners of the property assessed be paid in ten (10) equal annual installments, beginning June 1, 1922, 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 m,te of six per cent p6r 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, to pay in such installments. Section S. 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 imraediately, 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 nereinafter pro- vided, 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 thereupon be restored to the right to pay the installments in the same manner as if default had not been suffered, The owner of any pro#§£�Y 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 instillment 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 pub. lication of this ordinance and an allowance of five (5) per cent discount shall be made on all payments dads 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. Section 9. It shall be t#e duty of the City Clerk to prepare the fore assessment roll in said Sanitary Sewer District No. 37 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 suit able 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 taping effect thereof. Upon the expiration of the thirty (60) 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 t thereupon the City Clerk shall prepare a permanent local assessment Droll 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 oom— puted, the amount of each installment of principal and interest , together with *wo (2) per pent additional thereon as collection- charges of the County Treasurer, and the gate when the same will become due, with suitaole columns for use in case of the payment of any installments or penalties . Saia 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 of the same. Section kO. 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 or before the tenth day of the next succeeding calendar month, with s eparat e 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. Introduced, reaa and ordered published this 13th day of May, AJOD. 1922. Passed and adopted this day of A. D. 1922, Commissioner of Saidty and Ex Officio Mayor ATTEST City Clerk STATE OF COLORADO ) SS. COUNTY OF LARIMER ) I, A. J. ROSENOWP City Clerk of the City of Fort Collins, do herebj certify and declare that the foregoing ordinance consisting of eleven (11) sections was duly pro- posed and read at length at a regular meeting of the City Council held on the loth day of May, A D. 1922„ and was duly ordered by aye and nay vote to be published once in full in the Fort Collins Courier, a daily newspaper of the City of Fort Collins, in accordaneevdth the provisions of Section 7, of Article IV of the City Charter, that thereafter and on to-wit , the day of , A. D. 192d, at a regular meeting of the City Council the said Ordinance came before said Council upon its final passage, a period of more than ten days having elapsed since its publication as above set forth, and that said Ordinance was upon second reading adoptea as an ordinance, and thereafter and on to-wit , the o2 day of A. D. 1922, said Ordinance No. as finally passed and adopted was duly published in The Fort Collins Courier, a daily newspaper published in the said City of Fort Collins, Coloraao. IN WITNESS WHERhOF, I have hereunto set my hand this 42- f eg, d-iy of Zs'L , A. D. 1922, y Cleric