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HomeMy WebLinkAbout010 - 12/08/1939 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN IMPROVEMENT DISTRICT NO. 4 ORDINANCE NO i o , 1939, BEING AN EMERGENCY ORDINANCE RELATING TO THE 4SSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN TIAP OVET1ENT DISTRICT NO 43, OF THE CITY OF FORT COLLINS, 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 6, 1939, duly passed and adopted on the 14th day of July, A D 1939, Improvement District No 43 was duly created and provisions made in said Ordinance for the construction of certain improvements in said District, con- sisting of surfacing the streets within the boundaries of said District with•a two and one-half inch mat, composed of earth, gravel, sand and oil, in such proportion and combined in such manner as was specified in the specifications of the City Engineer, and under and by virtue of a Resolution duly adopted on July 14, 1939 , pursuant to the provisions of Ordinance No 6 1930 and Section 26 of Ordinance No 7, 1921, supplementary proceedings were taken for the ordering in and construction of curb and gutter and connection with water mains along the streets in said District where necessary which Ordinance No 6, 1939 provided that the proceeds of any special assessments levied on account of curbing and guttering installation in said Improvement District No 43 be applied solely to the payment or redemption of any bonds issued in the name of said District, that the said improvements as hereinabove 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 on to-wit the 27th day of Octocer, A D 19399 -1. 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 is $3581 44, 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 of all the frontage of all the lots or tracts of land so improved exclusive of public highways pursuant to the provisions of Ordinance No 7, 1921, relating to local public improvements, as amended by Ordinance No 9, 1926 and Ordinance No 6, 1933 and Ordinance No 6, 1939 creating Improvement District No 43, and which District is hereinafter more particularly described by lots and blocks together with the apportionment and rate per front and also duly apportioned the cost of gutter in accordance with the abutting sidewalk frontage of the respective property in front of or about which gutter worx has been done pursuant to the provisions of Ordinance No 6, 1930 and Resolution adopted Suly 14, 1939 and also duly apportioned the cost of making connection with water main against the premises with which the connection was made, pursuant to the provisions of Section 26 of Ordinance No 7 1921 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 sgid District Section 2 That at the regular meeting of the City Council, held on the 27th day of October, A D 19399 said report of the Commissioner of Works and City Engineer concerning said proposed assessment for improvements in Improvement District -2- No 43, 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 8th day of December, A D 1939, 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 Improvement District No 43, 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 first publication of said notice, would be heard and determined by the City Clouncil at a regular meeting thereof, to be held on the 8th day of December, A D 1939, at the hour of seven o' clock in the forenoon of said day in the Council Chamber of the City Hall in said City that after said hearing the City Council would take up the matter of the passage of an ordinance assess- ing 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 Leader, the official newspaper of said City of Fort Collins, for a period of ten (10) days, as provided by Ordinance, and that due proof of publication has been duly filed in the office of the City Clerk and that no complaints or objections having been made to said assessments by any property owners within said District, the City Council did confirm the apportionment and assessment as theretofore made by the City Engineer, and the assessing ordinance for the cost of the improvements in Improvement District No 43 was orddred submitted for passage and adoption -3- Section 3 That the total cost of the improvements in Improvement District No 43, under and by virtue of said Ordinance No 6, 1939 and Resolution adopted July 14, 1939 of said City, including the cost of inspection, collection and interest amounts to $3581 44 which said sum is hereby assessed upon the real estate in said Improvement District No 43, in accordance with the provisions of Ordnance No 7, 1921, relating to local public improvements, as amended by Ordinance No 9 1926 and Ordinance No 6, 1933, and Ordinance No 6, 1930 and Ordinance No 6, 1939 and the proportion of said cost assessed to each lot or tract of land in said Improvement District No 43 comprising the following lots and blocks in said District, shall be as follows -4- ASSESSIAENT ROLL, IMPROVEMENT DISTRICT NO 43 Description Owner Frontage Gutter Water Oiling Tottl Block 166 Cost connection Cost Cost E 90 ft of Oiling assessment is$1 18437 per foot Lot 1 B F Flowers 158 5 $30 69 075 00 $105 69 E 50 ft of TI 100 ft of Lot 1 Ora Carr 50 59 22 59 22 W 501 Lot 1 William. F Goodwin 50 59 22 59 22 Lot 2 Joy E Tagart 68 5 81 13 81 13 Lot 3 Dora Fadely Est Ethel Kenny Houser, Adm 50 59.22 59 22 Lot 4 Clarence E & Alice C Speas 50 59 22 59 22 Lot 5 George & Grace Ruebel 50 59 22 59 22 Lot 6 J J Ver Straten 50 30 69 59 22 89 91 Lot 7 J J Ver Straten 50 15 17 30 69 59 22 105 OU Lot 8 D B Hollar 50 59 22 59 22 Lot 9 Joseph & Bertha Pinsky 50 59 22 59 22 Lot 10 Joseph & Bertha Pinsky 50 59 22 59 22 Lot 11 David W & Miriam H Robertson 50 59 22 59 22 E 1401 Lot 12 Harold B & Ella M Dean 50 59 22 59 22 E 65t of S 65? Lot 24 Ella E Pearson 65 19 38 76 98 96 36 West 1251 Lot 24 J I Alpert 125 148 04 148 04 Block 167 Lot 1 Joseph H McNeish 50 59 22 59 22 Lot 2 Mayme E King 50 15 17 59 22 74 39 Lot 3 Thomas J Williams 50 59 22 59 22 Lot 4 Murtie M Belian 50 59 22 59 22 Lot 5 Martha T Leach 230 272 39 272 39 Lot 6 C E & Hazel E Vail 50 59 22 59 22 Lot 7 John R & Ellen Casson 50 59 22 59 22 -1- Description Owner Frontage Gutter Water Oiling Total Cost connection Cost Cost Lot 8 Christina miller 50 $ 59 22 59 22 Lot 9 Joe T & Jean Meyer 50 59 22 59 22 Lot 10 Pearl E Workman 50 59 22 59 22 Lot 11 Wils M & Grace W Black 50 17 98 59 22 77 20 N 108' Lot 12 Margaret Demmel 50 59 22 59 22 Block 176 Begin at NW cor of Block 176 thence S 50' E 190' N 50' -W 190' Lemuel Wisdom 50 15 17 59 22 74 39 Begin 59' S of NW corner B1 176 E 190' S 50' ,1T 190' N 50' J W Pyburn 50 59 22 59 22 Begin 100t S of NW corner B1 176, thence E 190' ,S 50' 9 W 19012 N 50' John & Lizzie Schreiner-50 59 22 59 22 Begin 150' S of NW corner B1 176, thence S 50' 2 E 1901 , N 501 , W 190, E R Hunter, Secretary Ft Collins Building & Loan-50 59 22 59 22 Begin 200, S of NW corner Bl 176, thence E 190, S 50' , W 190' N 50' Melvin S & Olive R Knapp 50 59 22 59 22 Begin 250 ' S of NW corner B1 176, thence E 190t S 50t , W 19o' N 501 Hazel Baldwin 50 59 22 59 22 Begin 300, S of NW corner B1 176, thence E 19012 S 50t W 190' N 50' Peter Schlitt 50 59 22 59 22 Begin 2351 N of SW corner B1 176 thence N 50' , E 1901 , S 5012 W 190, Adam & Katherine Ruff-50 59 22 59 22 Begin 185, N of SW corner Bl 176, thence N 501 , E 190' S 501 , W 190t Mamie Lawson 50 59 22 59 22 -2- Description Owner Frontage Gutter Water Oiling Total Cost connection Cost Cost Begin 140' N of SW corner Bl 176, thence E 190' N 45' W 190' S 45' Mary Deines & Martha E Albright 45 $53 29 $53.29 Begin 90' N of SW corner B1 176, thence N 50' , E 190' S 50' 1 W 190, J F Stonestreet 50 59 22 59 22 Begin 45' N of SW corner B1 176, thence N 45' E 190' 2 S 45' , W 190, Nelson 0 -I9ymore 45 53 29 53 29 Begin at SY7 corner Bl 176, thence N 45' E 1901 , S 45' , V7 190' Sarah Hatton 45 53 29 53 29 Block 177 Begin at NW corner Bl 177 thence S 601 , E 1901 , N 601 , W 190' A F Sieglinger 60 71 06 71 06 Begin 60, S of NW corner Bl 177, thence E 190, S 401 , W 19010 N 40' Thelma Sarah Hunt 40 47 37 47 37 Begin 100' S of NW corner B1 177, thence S 50, , E 1901 , N 50' W 190t Lela B Pyke 50 59 22 59 22 Begin 150' S of NW corner Bl 177 thence E 19011 S 50' , W 190' , N 50' Bert McCarty 50 59 22 59 22 Begin 200' S of NW corner B1 177, thence E 190' S 501 , W 190' N 50' Kirstine N Peiterson 50 59 22 59 22 Begin 250' S of NW corner B1 177, thence S 50t , E 190' N 50' 17 190' Kirstine N Peiterson 50 59 22 59 22 Begin 50' N of SW corner B1 177, thence E 190' N 50' V7 1901 ) S 50' M B & Leota C Hayward 50 59 22 59 22 Begin at S17 corner Bl 177, thence E 1901 , N 501 , VJ 19012 S 50t H J Kinnison 50 59 22 59 22 City of Fort Collins, one half interesection 467 Sq Yds ® 4 3535 165 Os 165 08 Total 82 67 92 07 3406 50 3581 44 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, pro- vided that all assessments may at the election of the owners of the property to be assessed, be paid in ten (10) equal install- ments beginning February 1, 1940, 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 (6%) 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 and payable immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one per cent (1%) per month or fraction of a month until the day of sale as herein- after provided but at any time prior to the day of sale, the owner may pay the amount of all unpaid installments, with in- terest at one per cent (1%) 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 unpaid principal with interest accrued to the maturity of the next installment of interest or principal Section 7 Payments may be mace 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 per cent (5%) 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 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 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 Improve- ment District No 43 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, vith 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 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 per cent (2%) 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 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 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 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 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 unan- imous vote of all the members of the City Council, this 8th day of December, A D 1939 Comma s ne of S ety and Ex-0 cio Attest Mayor City Clerk 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 proposed and read at length at a regular meeting of the City Council, held on the gth day of December, A D 1939 and was duly adopted and ordered published in the Fort Collins Leader, a weekly newspaper and the official newspaper of the City of Fort Collins by the 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 14th day of December, A D 1939 said Ordinance No 10 was duly published in the Fort Collins Leader, a weekly newspaper published in the City of Fort Collins, Colorado IN VUTNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City this 14th day of December, A D 1939 City Clerk