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HomeMy WebLinkAbout003 - 01/21/1922 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN SANITARY SEWER DISTRICT NO ORDINANCE NO 3, 1922, BEING AN EaRGENCY ORDINANCE RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENPS IN SANITARY SEWER DISTRICT NO 35 OFTHE CITY OF FORT COLLINS, AND PROVIDING FOR THE PAYMENT AND COLLECTION 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 22 of said City of Fort Collins duly adopted and approved on the 1st day of October 1921, Sanitary Sewer District No 35 was duly created and provisions made in said ordinance for the construction of certain improvements in said district , consisting of sanitary sewers, which ordinance was amended by Ordinance No 2 9, 1941 , passed and adopted on the 6d day of December , 1921, that the said improvements as therein provided have been duly constructed as provided by law and duly accepted by the City of tort Collins as therein pro- vided, that thereafter the City Engineer and the Commissioner of Works on towit the 17th day of December , 1921 duly re- ported to the City Council that the cost of the construction of said improvements, including the cost of inspection, collec- tion and other incidentals, and also including interest to April let , 1922; is 64,y50 58, that in and by said report the Commissioner of Works pursuant to report of the City Engineer, duly apportioned upon all of the lots or tracts of land in the district improved, in proportion as the area of each lot or tract of land is to the area of all the lots or tracts of land so improved, exclusive of public highways, pursuant to the pro- visions of Sections 14 and 31 of Ordinance No 7, 1921, relat- irg to local Aublic improvements, and Ordinance No 22, 1921; c r creating Sanitary Sewer District No 35, and Ordinance No 8 amending said Ordinance No 22, 1921, and which district is hereinafter more particularly described by lots and blocks, together with the apportionment and rate per square foot , the said findings and report of the Commissioner of Works and City Engineer being in accordance with the report of the City Engi- neer 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 17th day of December , 1921s said re- port of the Commissioner of Works and City Engineer concerning the said proposed assessments for improvements in Sanitary Sewer District No 35 was by resolution of the City Council duly adopted for the purpose of consideration and determina- tion at a regular meeting of the City Council to be held on the 21st day of January, A D 1922, pursuant to a notice of the City Clerk as provided by law, that in and by said resolu, tion the City Clerk was instructied and directed to publish notice in the official newspaper of the City of Fort Collins ror a period of ten days, addressed to the owners of property to be assessed in Sanitary Sewer District No 35, 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 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 21st day of January, 1922, at the hour of one o' clock in the afternoon of said day in the -2- 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 oosz of said improvements, that pursuant to the authority contained in said resolution the ,City Clerk caused to be published said notice in the Fort Col- lins Courier , the official newspaper of said City of Fort Col- lins, 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 said meeting of the City Council held on the 21st day of January, 1922, the assessing ordinance for the cost of the improvements in said Sanitary Sewer District No 35 was ordered submitted for passage and adoution Section 3 That the total cost of the improve- ments in said Sanitary Sewer District No 35, under and by virtue of said Ordinance No 22, 1921, and said Ordinance No I—L9 , 1921, amending the same, of said city, including the cost of inspection, collection and interest to the 1st day of Aprils 1922, amounts to 44 950 58, which said sum is hereoy assessed upon the real estate in said Sanitary Sewer District No 35, in accordance with the provisions of Sections 14 and 31 of Ordinance No 7, 1921 relating to local public improve- ments and the proportion of said cost assessed to each lot or tract of land in said Sanitary Sewer District No 35, com- prising the following lots and blocks in said district , shall be as follows, towit -3- # 35 LOT NO PROPCIA, OWNER .A RATE COST BLOCK 1s SWETTS ADDITION 1 W Ed Wright 9000 011015 99 14 2 © Ed Wright 9000 011015 99 14 3 W Ed Wright 10800 011015 118 96 4 1 Fd Wright 7000 011015 77 11 5 W Ed Wright 7000 011015 77 11 6 W Ed Wright 7000 011015 77 11 7 V Ed Wright 7000 011015 77 11 8 W Ed Wright 7000 011015 77 11 9 Ed Wright 7777 011015 85 67 to W Ed Wright 7795 011015 85 86 11 W Ed Wright 9378 011015 103 30 BLOCK 21 SWETTS ADDITION 1 T9 Ed Wright 10800 011015 118 96 2 W G Jackson 9000 011015 99 14 3 W Ed Wright 9000 011015 99 14 4 W Ed Wright 7500 011015 82 61 5 W Ed Wright 7500 011015 82 61 6 W Ed Wright 7500 011015 82 61 7 W Ed Wright 7500 011015 82 61 8 W Ed Wright 7500 011015 82 61 9 W Ed Wright 9423 011015 103 80 10 W Ed Wright 7870 011015 86 69 11 W CSd Wright 7887 5 ollol5 86 88 BLOCK l VAN SLYKF-SUZLER ADDITION 1 Frank J Burnett 9000 011015 99 14 2 Nenry G Diercks (Estate) 9000 011015 99 14 3 Howard N Bales 9000 011015 99 14 4 Volney Orton Davis 7000 011015 77 11 5 Eugene F Chapman 7000 011015 77 11 6 I E Chapman 7000 011015 77 11 7 Jessie A Davis 7000 011015 77 11 8 John C Dams 7000 011015 77 11 9 Charles $ Lewis 7912 5 011015 87 16 10 Charles a Lewis 7947 5 011015 87 54 11 Charles S Lewis 7982 5 011015 87 93 BLOCK 21 VAN SLYKE-SETZLER ADDITION 1 Chris A Mason 9000 011015 99 14 2 Chris A Mason 9000 011015 99 14 3 Alonzo F Pelhamus 9000 011015 99 14 4 Jonas H Farr 7000 011015 77 11 5 Jonas H Farr 7000 011015 77 11 6 E A Hewitt 7000 011015 77 it 7 Minnie A Bock 7000 011015 77 11 8 Mrs E & Eittlefield 7000 011015 77 11 9 C W Sloan 8000 011015 88 12 10 C U Sloan 8000 011015 88 12 11 C W Sloan 8000 011015 88 ld i DESCRIPTION OF PROPERI PROPERTY OWNER AREA RATE COST Cam 1081 5'W and 340 2598 of NE oar of SPI}, Sec 10 thence 3 380 5' , W 354 5; G H Turnbull and N 3821 , E 154 5' to point of beginning Frances L Turnbull 58903 12 011015 648 84 Com 981 5'W and 338 5'S of NE cor of SEJ Sec 10 thence S 308 5' W 100', N 310 5', E 100' to beginning John Sartori 30950 011015 340 92 Cos 931 5'W and 49714nafNE car of SE} $ec 10, thence 3 15000 W501, N150' E50' to point of beginning George Ellwood Thompson 7500 011015 82 61 Section 4 All assessments herein provided for shall be due and payable within thirty days from the xinal passage and publication 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 April 1st , 1922, and payable annually on said last mentioned aate thereafter until the Lull amount thereof has been paid with interest on the unpaid principal payable semi-annually at the rate of six per cent per annum Section 5 Failure to pay the whole of the assessment within the said period of thirty (60) days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or other- wise 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 imm-e- di ately, 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 (1) per cent per month or fraction of a month, and all penalties accrued , and shall thereupon be restored to the right to nay the installments in _5- the same manner as ix default had not been suffered The owner of any property not in default as to any installments or pay- 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 l Payments may be made to the City Treasurer at any time within thirty (3J) days of the final passage and publication 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 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 effects as are pro- vided by law for sales of real estate in default of the pay- ment of general taxes Section y It shall be the duty of the City Clerk to prepare the foregoing assessment roll in said Sani- tary Sewer District No 35 in proper form, showing in suit- able 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 pay- ments may be made to the City Treasurer at any time within -6- thirty (,50) days after the passage of this assessment ordi- nance and the taking effect thereof Upon the expiration of the thirty (60) days, the City Treasurer shall return to the Gity 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 installment of prin- cipal and interest , together with two (2) per cent additional thereon as collection charges of the County Treasurer, and the date when the same will become clue with suitable columns for use in case of the payment of any installments or penal- ties Said roll shall be certified by the City Clerk under the seal of the city, and oy him aeliver ed to the County Trea- surer of Larimer County with his warrant for the collection of the same Section 10 Ail 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 be- fore 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 undi- vided interest may pay his share of any assessment upon pro- ducing evidence of the extent of his interest satisfactory to the officers having the rollin charge - 7- Section ld 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 bections 6 and T 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 January, A D 1922 ATTEST G� omm ssioner of Sanpj an / hx Off icio Mayor Ctyc, er STATE OF COLORADO ) SS COUN1Y OF LARIMER ) I , A J ROSENOW City Clerk of the City of Fort Collins , do hereby certify and declare that the foregoing ordi- nance, consisting of twelve (12) sections, was duly proposed and read at length at a regular meeting of the City Council held on the 21st day of January, 1922, and was duly adopted and ordered published in the Fort Collins Courier , a daily newspaper and the official newspaper of the City of Fort Collins, by the unanimous vote of all members of the Council, as an emergency ordinance, in accordance with the provisions of Sections 6 and 7 of 4rticle IV of the City Charter, and thereafter , on towit the .26-4 day of January, 1922, said Ordinance No b mas duly published in the Fort Collins Courier, a daily newspaper published in the City of Fort Collins, Colorado IN WITNESS WHEREOF, I have lereunto set my hand and affixed the seal of said City this 25= day of January, A D 1922 City Clark -8-