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HomeMy WebLinkAbout027 - 11/27/1926 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN SYLVAN COURT IMPROVEMENT D ORDINANCE It. 7, 1926, BEING AN EM MUENCY ORDINANCE RELATING TO THE ASS71q NT OF THE COST OF CONSTRUCTION OF IMPROVrTTENTS IN SYLVAN COURT P.TROVTMENT DISTRICT NO. 22, OF THE CITY OF FORT COLLINS, COLORADO, AND PROVIDING FOR THE PAYMENT AND COLLECTION TH4R7OF. BE IT ORDAINED BY THE CITY CO"JNCIL OF THE CITY OF FORT COLLINS: Section 1. That under and bt virtue of the provisions of Ordinance No. 14, 1926, of said City of Fort Collins, duly pass-ad and adopted on the 8th day of may, A. D. 1926, Sylvan Court Improvement District No. 22 was duly created and provisions made in said ordinance for the construction of certain improvements in said district, consisting of grading and paving, paving to consist of plain concrete, within the limits of the said district; that the said improvements as therein prcvid3d have been duly constructed as prcvidsd by law and duly accepted by the City of Fort Collins as therein provided; that th?rsafter the City Enginaer and the Comnissionir of Works, on to-wit:: the lith day of Septer,.ber, A. D. 1926, duly reported to the City Council that the cost of inspection., collection and other incidentals, and also including interest, is $3627.39; 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 of each lot or tract of land is to the total frontage of all the lots and lands so improved, exclusive of public highways, pursuant to the provisicns of Ordinance No. 7, 1921, relating to local public improvements, passed and adopted April 2, 1921, as amended by Ordinance No. 9, 1926, and Ordinance No. 140 1926, creating Sylvan Court Im,;rovemen.t District No. 22, and which district is hereinafter more particularly described by lots and blocks, togethar with the apportionment and rate per front foot, the said findings and report of the Commissioner of Works and City Engina =r being in, accordance with the report of the City aU Engineer1to the proposed assessment on each lot in said district. 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 City Engineer concerning said proposed assessment for iirprovarents in Sylvan Court Improvement District No 22 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 oa 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 Sylvan Court Improvement District No 22 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 tti-irty days from the publication of said notice, would be hard and de ermined 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 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 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 ha ✓ing been filed, at said meeting of the City Council held on the 27th day of November, A D 19263 the assessing ordinance for the cost of the improver-nts in Sylvan Court Improvement District No 22 was ordered submitted for passage and adoption r c Section 3 That the total cost of the improvements in Sylvan Court Improvement District No 22, under and by virtue of said Ordinance No 14, 1926 of said City, including the cost of inspection, collection and interest, amounts to $3627 39, which said sum is hereby assessed upon the real estate in said Sylvan Court Improvement District No 22, in accordance with the provisions of Ordinance No 7, 1921, relatirg to local public improvements and the proportion of said cost assessed to each lot or tract of land in said Sylvan Court Improvement District No 22, co=rising the following lots and blocks in said district shall be as follows 2+0 ' 'Mbmxr 01 DZ YJZt?a'iA041 COST TOTAL z C'harlet; D1melienk ;G8 B 243 WsW 2 Obarlea D-imobeen 080 2•930 14 3 ch4rxaa Dimeu4k 50 2.9 4 te�a04 T bl"Iaodsc x 50 a.g 0 C�1es Aimneve" 50 2 9 5 1" 54 ( rks tila ?L7 nv a"Jeck 5 2�9 , 346 C.a�ar?ut� I i= netaecl yQ 9.) 24"4 9 lG* DtnvQ &i* 50 29� 2460 10 Cb&rlco VU rclx-h a 't 11 H 2I��3it2 ?.90 322 12 cam] jinci0on P&Ad cnna 4 Ottau, 40 9069 IZ .22 A tc 70tion 40 2,94 5 11 22 0� H RCR�:uW i0 2 5�Q5 2 820 f 24 A L 01. 20 2,931 62 8100 15 0 3acahuUu Lud 0t vt+mv A d qJ0 2931 9 1�30 f 15 A I. 01�a �f li A J9a�c P 30 ,5 117.23 1 B4.4 xa r0oly an 40 1. 3 5 2� 1$ 0 Taecobu ►m a 14 r ct-to0 44 2 3� 5 470 T � � 1 J Ver S4a 150 2.9� 3 20 T bT Ver `st$ta.1 ow 1150 2 9 4 9 b1 Section 4 All assessments herein provided for shall be due and payable within thirty (30) days from the final passage and publ+cation 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) e1}ual annual irstallments, beginning i/a r 192/, and payable annually on said last mentioned date thereafter, until the full amount th-rsof has been paid, with interest on the unpaid principal payable semi-annually at the rate of fiv9 (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 th- part of all persons interest-d whether under disability or oth-rwiss, 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 immediately, and the whole amount of the unpaid principal and accrued interest shall ther=after draw interest at the rate of one (1%) per cant per month or fraction of a month, until the day of sale as hereinafter provided, but at any tins prior to the day of skle the own-r may pay the amount of all unpaid installments, with intsrest 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 owners of any property not in default as to any installments or payments may at any time pay the whols 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 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 props*ty core-ruing which such default is suffered shall be advertised by the County Treasurer and sold for the payment of the whole of the unpaid assessment tba r-on, at the same tims or times and in the same manrsr, 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 v Section ° It shall be the duty of the City Clerk to prepare the foregoing assessment roll in said Sylvan Court Improvement District No 22 in proper form showing in suitable columns each piece of real estate assessed, the total amount of the assessment the amount of Pach 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 mity b made to the City Treasurer at any time within thirty (30) days after the passage of tMs assessment ordinance and the taking Wect th-reof Upon the expiration of the thirty (30) days the City Treasurer shall return to the City Clerk the assessment roll showing all payments made thareoh with the date of each payment, and th-reupon the City Clerk shall prepare a permanent local assessment roll in book form, showing in suitable columns each piece of real estatd or prop-rty 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 irstallm-nt of principal and interest togPth-r with two (2%) per cent additional th-reon as collection charges of the County Treasurer, and the data when the sale will become due, with suitable columns for use in case of the payment of any installments or penalties Said roll shall be certified tN the City Clerk under the s-al of the City and by him delivered to the County Treasurer of Larim-r County with his warrant for the collection of the same 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 every month with s-parate statements for all such collections `'or ea.,h month, in the same manner as general taxes are paid by the County Treasurer to the City Section 11 The own r of any divided or undivided interest may pay his share of any assessment upon producing evidence of tle extent of his interest s?tisfactory to the officers having the roll in charge Section 12 In the opinion of the City Council an emergency exists for the presery ation 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 and 7 of Article IV of the City Charter Introduced, read at length and adopted by the unanimous vo+e of all the members of the City Council this 27th day of November, A D 1926 22 061esioner of Safety a x-Officio ayor ATTEST City Clerk SmATE OF COLORADO) ) SS COUNTY OF WIM]R ) I, A J ROS;NOW, City Clerk of the City of Fort Collins, do h-reby certify and declare that the foregoing ordinance consisting of t elve (12) sections was dily proposed and read at length at a regular meeting of the City Council held on the 27th day of 'November, A D 1926, and was duly adopted and ordered published in the Fort r'ollins Express-Courier, a dailyhewspaper and the officialwspaper of the City of Fort Collins, by the uranimous vot- of all members of the City Council, as an em-rgency ordinance in accordance with the provisions of Sections 6 and 7 of Article TV of +he City Charte- of the City of Fort Collins, and thereafter and on to-wit the 30 ^ day of 2Tov-mber, A D 1926, said Ordinance No _27 _ was duly published in the Fort Collins Express-Courier, a daily newspaper published in the City of Fort Collins, Colorado IN TIMNET 'S WIMREOF I 114M h9reunto set my hand and affixed the seal of said City this e3o 'da Mmber, A D 1926 City Clerk