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HomeMy WebLinkAbout006 - 03/02/1929 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN WALNUT, MOUNTAIN AND LINCO 1 01-1DI1TA11TCE N0. 6 , 1929, BEING AN 12MR YCY ORDINANCE $ELnTIITCr TO TT_1 , SS3SSMTE11T OF 'P:iF COST OF CONSTRUCTIOZ OF ITTP:ROVE7,,71TTS IN 'XALIUT, MOUNTAIN UTD LIUCOLN IMFROVEMENT DISTRICT N0. 32, OF T'_IE CITY OF FCRT RILLIITS, COL03AD0 , AITD PROVIDIITG FOR THE PAYP,'T AYD CCLLECTION TI 37:30F. BE IT 03DAIIT D BY T y CITY ^.Oi,^_;OIL OF T:T1 CITY C^ 7UZT C vLIHS: Sacti_on 1. That under and by virtue of the provisions of Ordinance ITo . 20, 1928, duly passed and adopted on the 4th day of August , A. D. 1928, 'rValnut , Mount An and Lincolh Improvement District 1do. 32 was di)ly created and -provisions made in said ordinance for the cc;istruction oP certain improvements in said district, consisting of ,grading, paving, „uttering, curbing and draining where necessary, of t'r_e street areas in said. proposed district for a width of approKi_mately seventy-six (76) feet on 1alnut Street , a width between curbs on "o ntain Av-nue of one hun(I-^ed ei;Tht (lOfl ) feet , hein- t�B eame width as now installed on East YLou.ntain Avenue , and for a width between curbs on Lincoln Avenue of thirty (30) feet to the Colorado aril Southern Railway Conlpar"yts track, oznd for a width of twenty (20) feet from tye Colorado and So»"trern Re-ilway Comnanyis track to t?-e 'West end of the bridge across the Cache la Poud-Le liver, comprising all the lots and blocks and lands abutting- on said streets , as follows, to-flit: Being Walnut Street Tloi ntain Avenue and Lincoln. Avenue , from ,'e rresent paving on Linden Street where Linden Street intersects Walnut Street, thence soo_theasterly to the intersect;-on of Walnut Street , Fo,mtain Avenue and Chesnut Street , thence East on East :To'�r,tain Avenue from t1re West property lire of Mathews Street , w-ich is the East end of the present 'Nat*ement , to the southwest rroperty line of ?i.ve"side Avenue and Jefferson Strut extended , said line reprusent"ing the scu.thwest ed;e of the present pavement along Riverside Avenue and Jefferson Street , which includes all that unpaved nort .on of mountain Avemae lyring between the pavements now in plac _ , and also Lincol-� Avenu.e from the northeast e0kee of the pavement on Jefferson Strost and Riverside Avenue to the West end of the br. die across tre Cache la Poudre ?fiver, ixz the City of Fort Collins, Colorado , said district being more part ic ul arl.- described as follows : Lots 2, 4, 6, S, 10, 12, 14, and 16 in Block 12; Lots 1 to 10 inclusive a:-ld Lot 21 in Block 19; Lots 1 to 10 inclusive and Lots 12 to 20 incliisi.ve in Block 11; Lots 1 to 15 inclusive in Block 141; Lots l to 6 inclusive maid Lot 27 in Block 131; Lots 19 to 22 inclusive in Block 151; Lots 1 to 8 inclusive in Block 9 ; Lots 1 to 8 inclusive in Block 10; Lots 2, 4, 6, 8 .and vacated land occupied by the Colorado Sfillir 1, levator C m- _u�7• in 31_ock 15; al�hat land 1yin.. north and east o ' 'Uock 10 to the Cache la Poud e River oil the soot!-• ast side of Lincoln Avenue . That the said improvemerts 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 tl,ae City ^nl;ineer and the Commissio;ie of Works , on to-wit ; the l9th day of January, A. D. 1929, duly reported to the City Council that the cost of the constr,i.ction of said improvements , includin the cost of inspection, collection and other incidentals , and also including interest, is �34,079.89; that in and by said report the Commis, ioner of Works, pursuant to the report of the City -ngineer, duly apportioned upon all the lots or tracts of land in tr.e district improved, in proportion as the fronta_.-e of each lot or tract of land total of all the in the district is to the/frontage ad improved, pursuant to the provisions of Ordinance No . 7, 1921, relating to local public improvements, as amended by Ordira nce No 9, 1926, and Ordinance No . 20, 1928, creating Walnut, Aiountain and Lincoln Improvement District No. 32, and which district is '-lereinafter more particularly described by lots and blocks, together with the apportionment and rate per front foot, the said findings and report of tYe Commissioner of Works and the City =;nZineer being in accordance with. the report of the City _,nmineer in respect to the proposed assessments on each lot in said district. Section 2. That at the regular meetin,;, of the City Council held on the 26th day of January, A. D, 1929 , said rencrt of the Commissioner of Works and City Engineer eoneernin, said proposed assessments for improve rents in Walnut, T.Iountain and Lincoln Improvement District ho. 32 was by resolution of the City Council duly adopted for the purpose of consideration azd determination at a regular meeting of the City Council to be held on the 2nd day of March, A. D. 1929 , 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 I•e assessed in Walnut , Mountain and Lincoln Improvement District No . 32, statin-- 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 bn writing by them to the City Clerk and filed in his office within thirty (30 ) days from the publication of said notice, woi�.ld be heard and determined by the City Council, at a regular meeting thereof, to be held on the 2nd day of P"arch, A. D. 1929 , at the hour of eight o'clock in the forenoon of said dray in the Council Chamber in the City ITall in said City; that after said raring tle City Council wo,: ld 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 _port Collins Express-Courier, the official newspaper of said City of Port Collins , for a -period of ten days , as provided by ordinance ; and that due proof of publicatian has been duly filed in the office of the City Cleric; no complaints or objections having been filed, at said meeting of the City Council held on the 2nd day of LTarch, A. D. 1929, the assessing ordinance for the cost of the improvements in Walnut , I:Iotuitain and Lincoln Improvement District I?o. 32 was ordered submitted for passal-e and adoption. Section 3. That the tot al cost of the improvements in -3- r Walnut , Mountain and Lincoln Improvement District No. 32, under and b,-.- virtue of said Ordinance No . 20, 1928 , of said City, including the cost &E inspection, collection and interest , amounts to $34,079.89, which said sum is hereuy assessed upon the real estate in said Walnut , Mountain and Lincoln Improvement District No. 32, in accordance with the provisions of Ordinance No. 7, 1921, relating to local public improvements , as amended uy Ordinance No . 91 1926, and the proportion of said cost assessed to each lot or tract of land in said Walnut , Molurtain and Lincoln Improvement District To, 32 comprising the following lots and blocks in said district , shall be as follows : _4_ DO I Raw TT - LOT BLOCS PROPERTY OWNER PROUTAGN RATE SMTIO?T RATE SEC`I D4TER- RATE GUTTER RATE AND GUTTER COST 16 12 Fort Collins Lodge n804 of Benevolent 510.90 & Protootive Order of Elks 50 10.218 14 12 Fort Collins Lod,,=,e d 8O4 of Benevolent 408.72 & Proteotive Order of -lks 40 10.218 .1" 50 .9$5 557.14 12 12 Hasel G. Puttee 50 10,218 510,90 10 12 Charles Reingold 0 10,218 20 1.20?10,218 228.49 Mot 8 12 Cif of Fort Collins, C010r>: . o 342.74 SE30' 8 12 111"ie Demmel 30 10.218 ")0 1,207 32 l =10 Dammel 6 50 10.218 50 1.207 571,23 4 1S llli�gls Deamiel 50 10.218 50 1.207 571.23 2 12 Artie Dermal 50 10.218 240 1.207 800.48 1 19 The Continental Oil Co. ,i, corporation 10.216 19,39 1,207 11.06 .697 144.14 of the State of Mains 2 19 The Continental oil Co. ,A oorporation 333.19 of the State of Maine 25 10.218 50 1.207 25 .697 3 19 The Continental Oil CO. ,A c0 -Pcrat1025 10.218 50 I.207 25 .697 353,19 of the State of _gains 4 19 The Continental oil CO. ..?. eorpomtion 333.19 of tL.e State of :`wine 25 10.21E3 50 1.207 25 .697 553.19 5 19 7ennie Diereks 25 10.218 50 1,207 25 .697 305.68 6 19 Jennie Mereks 25 10.218 27,2 1.207 25 .697 30.16 7 19 E. E. Polley 25 1.207 30.16 8 19 IAW.h Donnan 25 1.207 Com.atSWoor.Lot 9 ,th,'d78' ,E22• ,S7* EV S71*t0 mountain Avemo,th 1,251 to beginning. Block 19 . 1.207 50,16 fig. S. Fishbaok 25 5.05 1.207 3.69 10 19 Christine Miller 95 .925 1124.72 21 19 Christine Miller 95 10.27.L3 9S .897 19.1.2 14.61.8 48,17 1.207 19,12 .925 355.29 20 &Street 11 Ralph H, S1IDs 25 14.618 50 1.207 25 .925 448.89 19 11 He Sine 25 14.618 50 1.207 25 .925 448.89 18 11 Ralph He Si= 2J 14.613 37,82 1,207 25 .925 434.19 Sims 11 Ra1Ph He " 25 14.618 25 1.207 25 .925 418,74 16 11 Ernest C. Oakes 25 14,618 25 1,207 25 .92,r) 418.72 15 11 Ernest C, Oakes 25 14.618 25 1,207 88 .694 412.94 14 ll Walter L. Dwyer 25 14,618 25 1,207 25 .694 412,94 L3 11 `alter L. Dwyer 25 .894 412.94 12 11 Walter 1,. Dwyer 25 14,618 25 1.207618 19.98 1.207 406.90 10 U :'a 25 14y Dwyer 25 14,613 25 .694 382.78 9 11 !AaY Dwyer . PAGE -- 2 -- IWNR� CURB AtdD ' LOT BLOCK PROPERTY OWIMR FRONTAGE RATS SECTION RATS GUTTER RATE GUTTER RATE COST 8 11 Mary A.Brookman & Pearl L.Ferguson 25 14.618 25 .694 382.78 7 11 Mary A.Brookman & Pearl L.Ferguson 25 14.618 25 .694 382.78 6 11 tTorman G. Halley 25 14.618 25 .694 382.78 44 10 +5 II Noreen G. Ha11ey 10.5 14.618 10.5 .694 160.76 E 14 95 11 Clara P.S. Brow 14.5 14.618 14.5 .925 225.36 4 11 Clara i... Bross 25 14.618 25 .925 388.55 3 11 Clara m, Brow 25 14.618 25 .925 388.56 74 56 2 11 Clara L. Brose 25 14.618 25 .925 . 1 & Street 11 Clara M, Bross 24.11 14.618 24.11 .825 574.7a 15 141 Lillian A. Homolya, Estate 25 14.618 215 1.207 25 .925 647.97 14 141 R. Irl Mawsan Laumber Company 25 14.618 25 1.207 25 .925 418.72 13 141 R. Irl mawson Lumber Company 25 14.618 25 1.207 25 .925 418.72 12 141 R. Irl Mawsan Lumber Company 25 14.618 25 1.207 25 .925 418.72 j W10911 141 R. Irl Mewson Lumbar Company 10 14.618 10 1.207 10 .925 167.49 81.5111 141 Adam Sauer 15 14.618 15 1.207 15 .925 251.23 W10110 141 Adam Sauer 10 14.618 10 1.207 10 .925 167.49 315'10 141 Grant S. Smith 15 14.618 15 1.207 15 .694 247.77 9 141 Grant S.Smith 25 14,61.8 25 1.207 25 .694 412.93 8 141 Grant S. Smith 25 14.618 25 1.207 25 .694 41.2,93 7 141 Christian Philippi 25 14.618 25 1.207 25 .694 412.93 6 141 Christian Philippi 25 14.618 25 1.207 25 .694 412.93 5 141 Thomas W. Threlkeld 50 14.618 50 1.207 50 .925 837.Thomas 4 141 Peter Anderson Estate 50 14,61.8 50 1.207 50 .925 837.43 3 141 David E. Stallings 150 14.618 159.5 1.207 100 .694 50 _ .925 837.43 1709.07 N47 13c2 141 Edwin E. Hislop S47 ?oPN951 47.5 1.207 57.31 1 and 2 141 L. Bisbee X47}iofS95' 47.5 1.207 57.31 1 and 8 141 Thomas J. Lawson 47.5 1.207 57.31 S47*•1 & 2 141 Guy Ti. and '.:Iable Hinaman 1 131 C. G. Buakinghamm 155 1.207 187.02 2 131 C. G. Buckingham 25 1.207 30.16 3 131 C . G. Buckingham 25 1.207 30.16 25 1.207 30.16 131 C. G.Buokingham 4 . 25 1.E07 30.16 5 131 C . G. Buckingham 30.16 27 131 C. G. Buckingham 25 1.207 60.33 w y N. oY-z rr a 50 1.207 19 151 L. A. Kern 111.45 14.618 105.73 1.207 111.45 .694 1833.97 20 151 Adelia C. Nugent &Adora McWeidman 50 1.207 60.33 21 151 DeWitt C. Armitage 45 1.207 430 5 , . 6 151 Hattie B. Shafer 45 1.207 30 PAGE -- 3 -- + LOT 17qpCK PROPERTY OM ER FRONTAGE RATE SECTION RATS GUTTER RATE GUTTER FULTZ COST 8 9 Union Pacific R.R.Company 41 4,258 174.56 • 6 9 Union Pacific R.R.Company 32 4.258 136.24 4 9 Union Pacific R.R.Company 32 4.258 136.24 2 9 Union Pacific R.R.Company 32 4,258 136.24 7 9 Union Pacific R.R.Company 32 4,258 50 19207 196.57 5 9 Union Pacific R.R.Company 50 4,258 50 11207 273.21 3 9 Union Pacific R.R.ComparW 50 49258 50 1.207 273,21 1 9 Union Pacific R.R.Company 50 4.258 250 11207 514,52 8 10 Union Pacific R.R.CompaxW 41 4.258 174.55 7 10 Union Pacific R.R.Cowpany 32 4.258 136,24 6 10 Union Pacific R.R.Company 32 4,258 136,24 5 10 Union Pacific R.R.Company 32 4.258 156,24 4 10 Union Pacific R.R.Company 32 4,258 136.24 3 10 Union Pacific R.R.Comparq 50 4.258 212,087 W laswlx s,"part On 10 Union Pacific R.R.Company 20 4,258 85,15 blEpart of 2 10 Colorado &, Southern R.R.Company 30 4,258 i27173 1 10 Colorado & Southern R.R.Compa ny 41 4.258 174.56 Com,ow., line of Lot l.from which the N corner of Lot 1 bears B;48deg.43min.Fi,10.2• ;thS48deg.43min. E.102.29 along N$line Lot l.th8?deg.26min.E.91 ; th N35deg,52min,E15,79 ;thNlWeg,21min.E.27.41 ;th 133deg.40=in,W.14t ;tWA9deg.28min,W,371 ;thN16deg. 34min.W,Fr ;thNldeg.42min.E.26.11 ;thli69deg.10min.F, 31.3' ;th2t51deg.4?m1n.l,150tto center of bridge across river,thS4deg.15min.I'93101 ;thS51deg.44min.W,58.5* ;th.N 23deg.40nin.W,212.71to beg. Contains0,47 acres , more or less. Greoe E. Taylor 61.33 8.Me 174.08 Lots 2.4.6 .8 in Block 15 described as follows: NW* of Lot 4 and all of Lots 6 and 8 of Block 15, in the City of Tort Collins,ac lies in NEjofSW-j of Sec.120T7N,R69W06th PM. according to plat, said property being known as Lindell Mills Property,ALSO all that portion of Dillow %street 1 said City of Fort Collins more particularly described as follows: Com. at SW corner of Vferehouse attached to said above described mill and running th.190' to SEeorner of said Block 15,sams being intersection of iiillow Street with Lincoln Avenue; th.NWrly with t) e north side of willow Street to a point where the W and of said warehouse crosses the same; th Surly 251 to place of beginning; ALSO all that portion of Lot 2,in Block 15 of City cf Fort Collins, that lies within NElofSr-lofSeo.126T7N9R69W.6th P,M. ;ALSO all that portion of the SEEjof Lot 4,1n Block lt; that lies with 1JEJ,1Lof:-;Wiofsaid ee.12; AIM' that oertei n 1s reel described as follows: Cola. et SE corner of said Block 15,th ruining S49deg.h to intersection with County road crossing Cahoe LaPoudre River in said quarter sec. 0 th with N line of said county road to center of river; th N to N line of Mai sse. ,th W with said line to SE line of said Block 15, th;TWrly with said STline to place of beginning, The Colorado !willing & Elevator Co. 8150 2,838 285' .1.207 585.13 One-half of intersection cost in district-- City of Fort Collins, a dunioipal Corporation 3844054 Section 4. All assessments 1e-ein provided for shall oe due and payaole within thirty (30) days from the final nassa,Te and publication of this ordnance, without demand, provided that all assessments may at the election of the owners of the property to be assessed be paid in twenty (20) equal installments , beginning April 15th , 1929, and payaole aasivally on said last mentioned date thereafter, until the full amount thereof has been paid, with inter-est on the unpaid principal payable semi- annually at the rate of -� X®n,o ( �o) per cent per ann . Section 5. Failure to pay the whole of the assessment wit'- in th3 said period of thirty (30) days shall be conclusively considered and held an election on the part of all persons inter- ested, w},.ether under disability or otherwise , to pay in such installments. Section o. Failure to pay any installments, wh.ether of principal or interest, when due, shall ca».se the whole of t'_-B unpaid principal to uecome due and ayaole immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one (1 ) pe:- cent per monti. , or fraction of a ronth, until the day of sale as hereinafter provided, but at any time prior to the day of sale the owner may pay the amotult of all iLnpaid installments, with interest at one (1;'0) per cent per month, or fraction of a month, and all penalties accrued, and shall thereupon be restored to the r=_ ht to nay the installments in the same manner as if defaa. lt had not uesn suffered. The owners of any property not in default as to any installments or payme,its 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. I Section 7. Payments may be made to the City Treasurer at any time within thirty (30 ) days of the finial pa-sa-e and publication of ti--i. s ordinance and an allowance of five (501 >)er cent discount shall be made on all n%rmen s made durirl ,� such period only. Saction 0. In case of default in the payment of any installment of principal and int-rest, w' en due, any and all property crncern;..r,- rinich such d.efanit is suffered shall be ,advertised by the Cormty Treasurer and old for the payment of the whole of tale unpaid assessment t',^. ;reon; at the same time or times and in the same rannner, under all t'ic same conditions and penalties , and wits the same ef:''ects as are rrovided by law for sales of real U estete in default of the payment of ,eneral taxes. Section 9 . It shall be. the i--ter of `re Cite ^lerk to prepare tl,e fore o - assessment roll in said Walnut, ?'ountain and. ?innoln Improvement District ,'o. 32 in proper form showing in suitaule columns each niece of real estate assessed, the total ttimount of t'' e assessment, tl'e amo'u1t each installment of Triheipal and interest, aid the date when each instalment will u come due, with suitable columns for use in case of payment of the whole amount or of ar.„r installment or panalty, and deliver t'.,.e same to the City Treasurer and thereafter payments may be made to t' e City Treasurer at any time within thirty (30) daps after the pasta-re of this assessment ordinance anO the ta20n- efreCt th?-eof. Upon the expiration of the thirty (30) days , t1p ^,ity Tr=_snrer shall return to the City Clerk the assessment roll s',owino all ^airnants made thereon, with the de.te of each payn,-;nt, :-.d ti-. -ceupon tle: City Clerk shall prepare a permanent loc_ l assessment roll in book form, slowing in suitable colturrs each piece of real aster, or property upon vdni.ch 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 Co-_nty Treasurer, and the date when tre same will become due, with suitable col,-ems for .ise in case of the payment of any installments or penalties. Said roll shall ue certified by the City Clerk under the seal of the City, and by him delivered to the County Treaso_r. er of Larimer County with 'pis warrant for the collection of the same. Section 10. All collections made by the Coilnty Treasurer on said assessment roll in any calendar month shall be accounted fora and paid over to t .e Cite 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. Sectidn 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 Cite Council an emar.Tency exists for the nreservat _ _n of the public health , ,peace and safety, and this ordinance shall take ef_'ect upon its passae and publication, under and by virtue of the aut'cority contained in Sections 6 and 7 of Article I4 of the City Charter. Introduced, read at length and adopted by the unanimous vote of all the members of the City Council this 2nd day of "larch, A. D. 1929 , Commis::in ler AT, ^: City Ilerk. STZ-'E OF CO=.,DO ) SS. Or I, A. J. ROSEI?OW, City Clerk of the City of Tort Collins, do hereby certify and declare that tie 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 2nd day of !larch, A. D. 1929 , and rips duly adopted and ordered published in the Fort Collins Exnross-Courier , a daily 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 tie City of Fort Collins , and thereafter and on to-wit: the 5th day of !!arch, A. D. 1929, said Ordinance Yo . g was duly nubli.^hed in the Fort Collins Express-Courier, a daily newspaper publ.isFed in the City of Tort Collins , Colorado . IY WIT TESS v=.-EOF, I have herennto set my hand and affixed the seal of said City t^:is 5th day of !:arch, A. D. 1929. / �