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HomeMy WebLinkAbout001A - 01/03/1930 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN NORTH MACK STREET IMPROVEM ORDINANCE NO 1 , 19309 BEING AN EhMGENCY ORDINANCE RDLATI.LdG TO 71 E ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVMfENTS IN NORTH MACK STREET IMPROVEMENT DISTRICT NO 389, OF THE CITY OF FORT COLT-INS COLORADO, 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 provisions of Ordinance No 11, Series of 1929 , passed and adopted on the 21st day of June A D 1929 , North Mack Street Improvement District No 38 was duly created and provision made in said ordinance for the construction of certain improvements in said district, consisting of grading, guttering curbing, graveling and draining where necessary, of the street area in said district for a distance of approximately thirty (30) feet between curbs said district comprising the lots and blocks and lands abutting on said street as follows, to-wit Lots 20 30 16, 179, 18, 19, 20, 259 26, 28 29, 30 and 31 all in Morger-Smith Subdivision in the City of Fort Collins, Colorado, being Mack Street from the North line of West Mountain Avenue to the South line of Laporte Avenue in said city That the said improvementiz as therein provided have been duly constructed as provided by law and duly accepted by the City of Fort Collins as therein provided, that thereafter the City Engineer and the Commissioner of Works, on to-wit the 22nd day of November A D 1929, 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 , is $3351 87 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 in the district is to the total of all the frontage so improved, pursuant to the provisions of Ordinance No 7, 1921, -1- s ti relating to local public improvements, as amended by Ordinance No 9, 1926, and Ordinance No 11, 1929, creating North Mack Street Improvement District No 38, and which district is herein- after more particularly described by lots and blocks, together with the apportionment and rate per front foot, the said findings and report of the Commissioner of Works and the City Engineer being in accordance with the report of the City Engineer in respect to the proposed assessment on each lot in said district Section 2 That at the regular meeting of the City Council held on the 29th day of November, A D 192R , said report of the Commissioner of Works and City Engineer concerning said proposed assessment for improvements in North Alack Street Improvement District No 38 was by resolution of the City Council duly adopted for the purpose of consideration and detemmination at a regular meeting of the City Council to be held on the 3rd day of January, A D 1930, 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 news- paper of the City of Fort Collins for a period of ten (10) days addressed to the owners of property to be assessed in North Huck Street Improvement District No 38, 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 thirty (30 ) days from the Dublication of said notice wculd be heard and determined by the City Council at a regular meeting thereof to be held on the 3rd day of January, A D 1930, 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 conta,nad in said -2- resolution the City Clerk caused to be published said notice in the Fort Collins Exvress-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 having been filed, at said meeting of the City Council held on the 3rd day of January, A D 1930, the assessing ordinance for the cost of the improvements in North Mack Street Improvement District No 38 was ordered submitted for passage and adoption Section 3 That the total cost of the improvements in North Pack Street Improvement District No 38, under and by virtue of said Ordinance No 11, 1929 of said City, including the cost of insuection, collection and interest , amounts to $3351 87 which said sum is hereby assessed upon the real estate in said North Mack Street Improvement District No 38 , in accordance with the pro- visions of Ordinance No 7, 1921, relating to local public improvements, as amended by Ordinance No 9 1926, and the pro- portion of said cost assessed to each lot or tract of land in said North Mack Street Improvement District No 38 comprising the follow- ing lots and blocks in said district shall be as follows -3- &A Mir ���L W'yM1P'+'NCR BTRW s 15TAz ADDITW PPOPEEM {)MER FRONTAGN RATE COST RATE COF-?# COST 3 Morger-Smith William To Lawark 150 2.92 438.07 .113 16.94 455.01 20 Morger-with rohn W* Rose 45 2.9E 131.42 .113 5008 136.50 19 Marger-smith J. W. Howe 45 2092 131.42 .113 5008 136.50 18 Xorger-with Ous Pastor and Gustav* Pastor 45 9*92 131042 .115 5908 130050 17 Horger-smith Frank Neece and flora Cameron 45 2002 151.42 0113 5*08 136.50 16 Morger-Smith Rosa Elle Moore 45 2*92 lu*42 .113 5.08 136050 Con. 631518 395.15tz of the NW *ore of 8W} of Sec. 11.T 7N9 A69W of 6th P.M. th 11190. 1X50* +8190' ,th W50+ to beginning U.M VqD. Reiener 190 2.92 554.88 .113 21*46 576.34 26 Morger-nth C Juel 165 2092 481.87 0113 18.64 500.51 29 rorger-Smith Ads Me Jurgens 56.5 2*92 165*01 .113 6.38 171059 28 Morger-Sbdth To b. Austin 56 2092 163.54 .113 6032 169.86 31 Morger-Smith Rosa Ella Moore 56 2.92 16%*64 .113 6.3E 169.86 30 No5rser-Smith Sliver btate Building and Loan Assooiation 56.F> 24,92 165.01 .113 6030 171.39 2 Norpr-:.with Frenoes A!" 407uth (1/9) ; Raohel A. Roe (1/5) 0 Franklin Pleroe Riddle (1/5) Arthur N Riddle (1/5) ; Lelbog T. Riddle(1/5)150 9 92 4WO07 .113 16.94 455*01 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 to annual be assessed be paid in ten (10) equa.1/installments beginning February 15 , 1930, 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 five (5%) per cent per annum Section 5 Failure to pay zhe whole of the assessment within said period of thirty (30) days shall be cnnclusively considered and held an election on the part of all persons interested whelhher 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 payable immediately, 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 date of sale , the owner may pay the amount of all unpaid installments with interest at one (1%) per cent per mnnth or fraction of a month, and all penalties accrued and shall there- upon 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 unpaid principal with interest accrued to the maturity of the next installment of interest on 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 i • Section 8 In case of default in the pa4pment 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 tines 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 North Mack Street Improvement District No 38 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 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 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 u-)on which the assessment is 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, and the date when the same will become due, with suitable columns for use in case of the payment of any installments orjpenalties 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 collection of the same 1 � r 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 the first day of each and every month, with separate sta$ements for all such collections for each month, in the same manner as geneLal 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 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 zhe unanimous vote of all members of the City Council this 3rd day of January, A D 1930 ommissioner o a e y 7 Ex-Offlb MayorATTEST ityC Clerk STALE OF COLORADO ) SS COUNTY OF LARIMER ) I A J ROSENOW, City Clerk of the City of Fort Collins do hereby certify and declare that the foregoing ordinance consisting of twelve (12 ) sections was duly proposed and read at length at a regular meeting of the City Council held on the 3rd day of January, A D 1930, and was duly adopted and ordered published in the Fort Collins Express-Courier, a daily newspaper and the official newspaper of the City of Fort Collins by zhe unanimous vote of all members of the City Council as an emergency ordinance in accordance with the provisions of Sections 6 and 7 of Article IV of the City Charter of the City of Fort Collins and thereafter and on to-wit the 7th day of January A D 1930 said Ordinance No 1 was duly published in the Fort Collins Express-Couri-r, a daily newspaper published in the City of Fort Collins Colorado IN WITNESS WHEREOF I have hereunto set my hand and affixed the seal of sAid City this 7th day of January A D 1930 City Clerk