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HomeMy WebLinkAbout004 - 08/24/1945 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN SANITARY SEWER DISTRICT NO ORDINANCE NO 4 , 1945 BEING AN EMERGENCY ORDINANCE RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVrMENTS IN SANITARY SMVER DISTRICT hO 48 OF THE CITY OF FORT COLLINS, COLORADO, AND PROVIDING FOR THE PAYN1ENT AMID COLLECTION THEREOF BE IT ORDA-INED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That under and by virtue of the provi- sions of Ordinance No 3 of the Series of 1944 of said City of Fort Collins , duly passea and adopted on the 8th day of Decem- ber, A D 1944, Sanitary Sewer District No 48 was duly created and provisions made in said ordinance for the construction of certain improvements in said district, consisting of a sanitary sewer line within the limits of the said district , that the said improvements as therein provided have been duly constructed as proviaed by law and duly accepted by the City of Fort Collins as therein proviaed, that thereafter the City Engineer and the Commissioner of Works , on, to-wit the 13th day of July, A D. 1945 , duly reported to the City Council that the cost of con- struction of said improvements , including the cost of inspection, collection, ana other incidentals , and also incluaing interest, is $1638 87 , that in and by saia report the Commissioner of Wozks , pursuant to the report of the City Engineer, duly appor- tioned upon all of the lots or tracts of lana in the district improved, in proportion as the area of each lot or tract of land is to the total area of all the lots or tracts of land so im- proved, exclusive of public highways , pursuant to the provisions of Ordinance No 71 1921, relating to local public improvements , as amended, ana Ordinance No 3 , 1944, creating Sanitary Sewer District ho 48, and which district is hereinafter more particu- larly described by lots and blocks and parcels describea by metes and bounas, together with the apportionment and rate per square foot, the said findings and report of the Commissioner of Works ana City Engineer being in accordance with the report of the City Engineer in respect to the proposed assessment oneach lot or parcel in said district Section 2 That at the regular meeting of the City Council held on the 13th day of July, A D 1945 , said report of the Commissioner of Works and City Engineer concerning said proposed assessment for improvements in Sanitary Sewer District No 48 was by resolution of the City Council duly adopted for the purpose of consiaeration ana determination at a regular meeting of the City Council to be held on the 24th day of August, A D 1945 , 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 ce assessed in Sanitary Sewer District No 48, stating the whole cost of the improvements and the share apportioned to each lot, parcel , or tract of land in said district , ana 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 first publication of said notice, would be heard and determined by the City Council , at a regular meeting thereof, to be hela on the 24th day of August , A D 1945 , at the hour of seven o' clock in the forenoon of said day, in the Council Chamber at the City Hall in said City, that after said hearing the City Council woula 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 2 caused to be published said notice in the Fort Collins Colo- raaoan, the official newspaper of said City of Fort Collins, for a period of ten days , as proviaed by ordinance , and that due proof of 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 24th day of August , A D 1945 , the assessing ordinance for the cost of the improvements in said Sanitary Sewer District No 48 was ordered submitted for passage and adoption Section 3 That the total cost of the improvements in said Sanitary Sewer District No 48, under and by virtue of said Ordinance No 3 , 1944, of said City, including the cost of inspection, collection, ana interest, amounts to $1638 87, which said sum is hereby assessed upon the real estate in said Sanitary Server District No 48, in accordance with the provisions of Ordinance No 7, 1921, relating to local public improvements , as amended, and the proportion of said cost assessed to each parcel, lot or tract of lana in said Sanitary Sewer District No 48, comprising the following parcels , lots and blocks in saia district, shall be as follows ASSESSMENT ROLL SANITARY SEadER DISTRICT NO 48, BLOCK 186 Sq Ft Sq Ft Description Owner Area Rate Amount North 40 ft of West Half James B and of Block 186 Rosie Ramsey 7600 0071 53.96 Beg 40 ft South of NWT corner Block 186 , South 147 ft , East 190 ft , North 147 ft , West 190 ft Delia M. Dickin- to beginning son 27930 .0071 198.30 3 Sq Ft Sq Ft Description Owner Area Rate Amount Beg 187 ft South of NW corner Joseph D and Block 186, South 150 ft , East Bernice W 190 ft , North 150 ft , West Dickson 190 ft to beginning 28500 .0071 202 35 Beg 337 ft South of NW corner Block 186, South 50 ft , East Victor L and 190 ft , North 50 ft , West Lydia A Fors- 190 ft to beginning berg 9500 0071 67 45 Beg 387 ft South of IAA corner Block 186 , South 150 ft , East Railway Build- 190 ft , North 150 ft , West ing & Loan 190 ft to beginning Association 28500 0071 202.35 Beg 437 ft South of EW corner Block 186 , South 50 ft , East Raymond L. and 190 ft , North 50 ft , West Marie L New- 190 ft to beginning ton 9500 .0071 67.45 South 50 ft of West Half of Block 186 Mamie Lawson 9500 0071 67 45 Beg. at SE corner of Block 186, West 190 ft North 200 ft , East 68 ft , South 70 ft , East Winslow P and 122 ft , South 130 ft to begin- Cora M Wheelock ning 29460 .0071 209.17 Beg 130 ft North of SE corner Block 186, West 122 ft , North 70 ft , East 122 ft , South 70 Dora and Jacob ft to beginning Vail 8540 0071 60 63 Beg 200 ft North of SE corner Block 186, West 190 ft , North 100 ft , East 190 feet, South 100 ft to beginning Lydia Neider 19000 0071 134 90 Beg. 300 ft North of SE corner Block 186, West 190 ft , North 337 ft , East 95 ft , South 237 ft , East 95 ft , South 100 ft Florence L to beginning Wire 41515 215 00 Beg at NE corner of Block 186, South 237 ft , West 95 feet, North 237 ft , East 95 ft to beginning Emma Mosher 22515 .0071 159 86 242060 $1638.87 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 owners of the property assessed 4 be paid in five equal installments , beginning October 1, 1945 , 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 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 the part of all persons inter- ested, 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 ana payable immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one per cent per month, or fraction of a month, until the day of sale as hereinafter 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 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 whole of the unpaia 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 mane on all payments made during such period only. 5 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 pay- ment 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 the duty of the City Clerk to prepare the foregoing assessment roll in said Sanitary Sewer District No 48 in proper form showing in suitable columns each piece of real estate assessed, the total amount of the assess- ment , 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 ana thereafter payments may be made to the City Treasurer at any time within thirty ( 30) days after the passage and publication 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 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 principal and interest, together with two (2%) per cent additional thereon as collection charges of the County Treasurer, 6 and the date when 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 collectiom 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 separate statements for all such collections for each month, in the same manner as general taxes are paid by the County Treasurer to the City 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 upon its passage, under ana by virtue of the authority contained in Sections 6 ana 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 24th day of August, A D 1945 Commissioner of Safety nd ex-officio Attest Mayor City Clerk 7 STATE OF COLORADO, ) ss County of Larimer ) I, Miles F House, City—Clerk of the City of Fort Collins , do hereby certify and declare that the foregoing ordinance, consisting of twelve (12 ) sections , was duly pro- posed and read at length at a regular meeting of the City Council held on the 24th day of August, A D 1945 , and was duly adopted and orderea published in The Fort Collins Colo- radoan, a daily newspaper ana 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 o* hrticle IV of the City Charter , and thereafter and on, to-wit the 28th day of August, A D 1945 , said Ordinance No 4 was duly published in the Fort Collins Coloradoan, a daily newspaper published in the City of Fort Collins, Colorado IN 4dTNESS ffHEREOF, I have hereunto set my hand and affixed the seal of said City this 28th day of August, A D 1945 City Clerk