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HomeMy WebLinkAbout031 - 12/24/1927 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN NORTH COLLEGE AVENUE IMPRO ORDINANCE NO 1927 , BEING AN EMERGENCY ORDINANCE RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN NORTH COLLEGE AVENUE I11PROVEMENT DISTRICT NO 232 OF THE CITY OF FORT COLLINS COLORADO, AND PROVIDING FOR THE PAY]KENT AND COLLECTION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That under and IV by virtue of the provisions of Ordinance No 3P, 1926s duly pawed and adopted on the 11th day of December, A D 1926, North College Avenue Improvement District No 23 was duly created and provisions made in said ordinance for the construction of certain improvements in said district, consisting of grading, paving, guttering, curbing and draining where necessary, said district comprising all the property fronting on said North College Avenue, or abutting thereon, from the North property line of Laporte Avenue and extending North to the city limits at the south end of the bridge over the Cache la Poudre River , said district to include the lots and blocks and lands abutting on said North College Avenue as follows , to-wit Blocks 140 4, 223, 231, 249 25 and 26 all that portion of Lot 3 in the reservation on the Northwest Quarter of Section 12, Township 7 North, Range 69 West , lying north and west of the right-of-way of the Fort Collins Development Railway Company, all that portion of Lot 3 of the Northwest Quarter of Section 12, Township 7 North, Range 69 West within reservation lying north and west of Linden Street extension, said street being in Fort Collins, and lying south of the right-of-way of Fort Collins Development Railway Company, a strip of land across Block J, Fort Collins , situated in the Northwest Quarter of the Nortl-west Quarter of Section 12, Township 7 North, Range 69 West, being a strip of land 100 feet in width 50 feet on eithc,r side of following described line which said line is the center of located line of the Railway across said land, the center line being described as follows Commencing at a point on -1- West line of Section 12, 1112 3 feet south of Nort1west corner thereof, thence North 56 degrees 40 minutes east to west line of said Block J and place of beginning, then continuing North 56 degrees 40 minutes east 850 plus feet to south bank of Cache la Poudre River, containing 20 acres, all in the City of Fort Collins , Colorado That the said improvements as therein provided have been dnity 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 12th day of November, A D 1927 , duly reported to the City Council that the cost of construction of said improvements , including the cost of inspection, collection and other incidentals , and also including interest , is $470331 68 for paving and $4,55246 for drainage being a total of $51,884 14, 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 and area of each lot or tract of land in the district is to the total of all the frontage and area of all the lots or tracts of land so improved, pursuant to the provisions of Ordinance No 7 1921 relating to local public improvements, as amended by Ordinance No 9, 1926, and Ordinance No 32, 1926 creating North College Avenue Improvement District No 23, and which district is hereinafter 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 Citv Council held on the 19th day of November , A D 1927, said report of the Commissioner of Works and City Engineer concerning said proposed assessment for the improvements in North College Avenue Improvement District No 23 was by resolutnon of the City Council duly adopted for the purpose of consideration and determination at a regular meeting -2- of the City Council to be held on the 24th day of December, A D 19272, 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 cvjners of property to be assessed in North College Avenue Improvement District No 23, stating the whole cost of the improvements and the share apportioned to each lot or tract of land i3i said district, and notifying the owners thereof that any com-olaints or objections that might be made in writing by them to the City Clerk and filed in his cfflee within thirty (30) days from the publication of said notice, would be heard and determined by the City Council at a. regular meeting thereof to be held on the 24th day of December, A D 1927, at the hour of eight o 'clock in the forenoon of said day in the Council Chamber in the City Hall u1 said Cityp 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 objectionsbAving been filed, at said meeting of the City Council held on the 24th day of December, A D 1927 , the assessing ordinance for the cost of the improvements in North College Avenue Improvement District No 23 was ordered bubmitted for passage and adoption Section 3 That the total cost of the improvements in North College Avenue Improvement District No 23, under and by virtue of said Ordinance No 32, 1926, of said City , including the cost of inspection, collection and interest, amounts to $51,884 14 which said sum is hereby assessed upon the real estate in said North College -3- Avenue Improvement District No 23, in accordance with the provisions of Ordinance No V. 1921, relating to local public improvements, as amdnded by Ordinance No 9, 1926, and the proportion of said cost assessed to each lot or tract of land in said North College Avenue Improvement District No 23 comprising the following lots and blocks in said district, shall be as follows -4- yI IM ASSW^Yf W 'ROLL F)P COLLEGE WROVE.MM DIST iICT 2 W%R 25 LOT BLOCK PF�P fi"1 O TtICR M IMOE PAVE MIT TOTAL ARC, RATE 1rROMTAOE RATE 137TERSEC. RATZ COST 1 14 rrask C. Miller 737 .02417 25 15,66794 409.50 2 14 Frank C. IsLi. Gr 1200 .02417 25 15.66794 420.69 3 14 Frank ^•. Villl nr 1250 .02417 25 15.667vl 421.9 4 14 Sohn r.Doualafss 1250 .02417 25 15,66794 421.9 5 14 Sohn F. Douglass 1250 .OU17 25 15.66794 421*9 6 14 Edward M. Jacobson 1250 .02417 25 15.66794 421.9 7 14 Gould Lumber £c Investment Company 1MO .02417 25 15.86794 421.9 8 14 Gould Lumber Investment Company 1250 .02417 25 15,66794 421.9 9 14 Gould Lumber Investment Company 1250 .02417 25 15.66794 421.9 10 14 Gould ;amber ('Y. investment Company 12W .0241r) 25 15.667" 421.9 11 14 Gould Lumber h Investment Company 1250 .0241.7 25 15.66794 25 1.4433 `. 12 14 Gould Lumber & Investment Company 1250 .02417 25 15,667" 25 1.4433 4u/.9 13 14 Ethel A. Woodworth & Lauise A.Carleon 1250 .OU17 25 15.66794 25 1.4433 457.9 14 14 �Ahel A.YIo®dworth & Louise A.Carlson 1250 .02417 25 15.66794 25 1.4433 457.8 S109 15 14 Othel AeWoodworth & Louise A.Carlson 500 .OPA17 10 15.66794 10 1.4433 183. 11151 15 14 C. 0. Davis 750 .0241.7 15 15.66794 15 1.4433 274.7 S12.69 16 14 C. 0. Davis 650 .02417 12.6 15.66794 12.6 1.4433 250. 1112.4► 16 14 S. S. and Cora Be Austin 620 .024117 12.4 15,66794 22.05 1.4435 241, 17 14 T. S. and Cora B. Austin 1250 .02417 25 15.60794 63 1.4433 512. S12.6' 1B 14 T. S. and Cora B. .Austin WC .02417 12.6 15,66794 29.8 1.4433 255.6 N 12.41 if 14 E. N. and r. E. Miller 620 .0"17 12.4 15,667" 29.6 1.4433 251.9 19 14 R. N. and F. B. "filler 1250 .02417 25 15,66794 63 1.4433 512. 20 14 S.N. and F. B. ;.tiller 1084 .02417 25 15,66794 63 1.4453 508. 1 22 Sigourr_ey D. Hall ?250 .OPA17 25 15.6094 421.9 2 22 Sigeurney 17. Ra11 1250 .02417 25 15.667CA 421.0 3 22 5igourruy D. Hall 1250 .02411 25 15.667" t^i.9 4 22 Sigourrey Po Fall 1250 .02417 25 15,667" <.fl 5 22 Sigourue;y il. Hali. 1.250 .OPA17 26 15.66794 421.9 6 22 Carl A. Eubre 1250 .02417 25 15,667" 421.9 7 22 Carl A. Suhre 1250 .OZ417 Z5 15,06794 421.9 8 22 Gould Lumber � Investment Company 12.50 .02417 25 15,66794 421.9 0 22 Gould Umber & Investment Company 1350 .02417 25 15.66794 421.9 10 22 Gould Lumber . Irvestmentt Company l.'S0 .02417 25 15,66794 421.9 11 22 Gould Limber & Inv®sanoirt Company 12W .02417 25 15.66784 12.5 1.4433 430.9 2/7 of 12 22 William H. Trimble 357 .02417 7.14 15,66794 7.14 1.4433 150. 2/7 of 12 22 Truman Trinblo, 357 .02417 7.14 15,667" 7.14 1.4433 130.8 2/7 of 12 22 Ethel lv, arren 357 .02417 7.14 15.66794 7.14 1.4433 150. 1/7 of 12 22 Anna Laura Trimble 179 .02417 3.58 15,667" 3.58 1.4433 65.6 2/7 of 13 22 W1111am R. Trimble 357 .02417 7.14 15,669" 7.14 1.4433 130. 2/7 of 13 22 Truman Trimble 357 .02417 7.14 15,667" 7.14 1.4433 130.8 2/7 of 13 22 Ethel Uwarren 357 .02417 7.14 15.66794 7.14 1.4433 130. 1/7 of 13 22 Anna Lassa Trimble 179 .02417 3.58 15.667" 3.58 1.4433 65. A P119�." T TOT L LOT BLOCK PRO"p7nT Or'2-'t AR iL TE PWRTAGr As INTMI SEC. PATE Ca� 14 22 3amael & Sadie Ovirtuean 1250 .024617 25 15.66794 25 1.44453 458.00 15 22 Samel & Sadie r?rlrtaan 12M .02417 215 15.68794 P-Z 1.44W 4Si8.O0 16 22 Boiso-Payetto ;anroer Company 12b0 .OAlrI 25 15466794- 25 1.4433 458,00 17 22 Boise- Payette TawAber Company 1250 .02417 25 15.66794 25 1.4433 4589 18 22 Boise-Paystt* Tannber Company +250 .02417 25 15.86794 25 1,44M 458. 19 22 Boise-Payette L mber Company 1250 .02417 zu 15,136794 25 1.4433 458.0 20 22 Boise-layette Drriber Ccaipany 1250 .02417 25 15,66794 25 144433 458.0 21 22 Boise-1 yette 7mbar Company 1250 .02417 25 15.66104 215 1."33 732.ti 1 23 Ernest G. toele 1250 .02417 25 18,0195 215 1.4433 791.0 2 23 Ernest G. :�toele IZ50 102417 25 18,0195 25 1.4,(.W ' 3.7 3 23 Ernest G. �;toelo 1250 .02417 25 18.0195 25 1,4433 tA,7 4 23 Ernest G. .U50 .02417 25 16,0195 as 1.44433 516,7 5 23 Ernest G. 6t«ele 1250 .02417 25 18,0195 25 1.4433 516,7 6 psi Ernest G. 4.itoole 935 •02417 2S 18.0195 25 1,4433 509.1 Comsat NNoor of 60th 1500 9=2.5; tbNErly to oeb. ZZ Colorado anal Southern R.A. 315 .02417 7,6 7 2✓ Colorado and Southern R.R. 1250 .02427 25 18.0195 25 1.4433 5160,7 8 23 Colorado and Southern R.A. 1250 .0"17 85 1810195 25 1,4433 '516.7 9 2S Colorado and South4rn R.R. 25W .02417 50 1800195 50 104433 1,033.5 10 23 Colorado and Southern 2.R. MOO .02417 50 1800195 50 1,4433 19=315 Comsat zoor.of U thW509 .Borth 20 more or lees, th SErly to beg.23 Coloracb and Softt)?ern R.R. 500 ,02417 12,01 All that part of Lot 11 lying north of C.&8. right of ' Ray M Union Pacific P.R. POW .02417 :50 18*0195 50 1.4433 liO21.41 12 E Union Pacific R.A. ?500 .02417 50 18.0195 ##M 1.4433 i.30'f.7 All that part of Lot 10 lying north of the C.& S. right of way 4 Public Servioe ,"ompany of Colorado 201:-- .02417 32607 18,0195 32.07 1.4433 672.8 That part of lot 10sbeg.32.07's of North line of 10 and extending South 52.2d along College Avenue 4 Colorado and Southern R.R. 2010 .02417 59,2 18,0195 52.2 1.44 -0 1.079. INT LOT BLOCK 1'ROPSIT'PY O dERS FRUNTA ARPPAINAQ FAV^�T fiOT .L tiE u MSBC. RATE C0 T That part of lot I 10 lying south } and west of the } C.&. S. rigrht of way,including the :.'pion Lacir'ic R.R. 5500 .02411 148 18.0195 148 1.4433 3013. College Avenue and Spruce :street vat- aneiea,Blook 4 9 4 Public service Company of Colorado 2500 .02417 50.27 18.0195 9.54 1,4433 980. S 10' €3 4 Roy Williams 500 .02417 10,054 10,0195 193. IT 40' 8 4 :"srnest S::loPherson &Delbort T.?:*rsh2000 .02417 40.216 18.0195 7 4 Sohn d. Bauann 2500 .0=7 0*27 10,0105 s6. W50' 6 4 Elk Basin Consolidated Petroleum Co. 2500 .02417 50.27 10,0195 966, W 50' 5 4 ! Basin Conool.idated Petroleum Co. ZWO .02417 50,27 10.0195 986, 4 4 Roy Williams 2500 .OZ417 a0.27 f1.118 267, 3 4 Roy Williams 2500 .02417 50,27 267. 10 6 Union Pecifie R.R. 50 1.443Z 72. 14 6 Union Pacific 'i.R. 50 1.4433 729 12 C Union Pacific R.R. 50 1,4433 72. 10 0 Union Pacific R.R. 50 1.M= 72. Vacated portions of Spraae Street lyin;; b3t-wyeen Block: 4 & 6 Union Pacific R.R. 50 1.4A= 72. Com. at LEcor 21k 24, R1251to C&., south line.inolu�.ing all that land lying S of C & S right of way,-----1Jnion Pacific R.R. 7 `I5 .02417 125 4.7-W 367.25 1,4433 1217. Com. 125'NofSEcor of Block 241, th North 1751 ,W20l' ,S to mill rats, th si:rly to point of beg.-Colorado and southern R.R. 7875 .02417 175 4.L18 101 1,4433 1056.7 11152'Blook 24-----------Union Pacific R.R. 7600 .02417 152 4.118 809. All Block :$------------Union Ptcifio R.R. 25000 .0 1il7 500 4.im 8663." All that portion Lot 3 of NWJ 12-7-69,within Reservation lying IT and U of Linden Street, Said stroet being in Fort Codl.ins and lying S of R of of Fort Collins Development I1r.ilwey Company---------Pauline and Robert Peterson 8925 .02417 162 4. m 882. Com.16211Fof Moor Block 4, Th,"119.78' being that portion of right of gray abutting on College Avenue--Colorado and a;outhorn 5989 .0"17 119.78 4,116 G38. DE�RIpUG2d P1ROP;.6 WY owu I+ Jt1AI2tAGE P1Yp& iT ¢� p�� TOTAL ARr l RASE FRONTAGE RAT-p' li.i3�k��CAt• d1K��i CVk#1 All that portion of lot 3, in the lResertation on the IM4 of section 12, Town- ship 7i7, :Range 69w1 lying north and west of the 'tight of Uny of the Fort Collins City of Fort Collins, Colo. Develoruent :RailwW GoM. anyY A !"42nieipal Corporation 27686 .02417 M.22 4.116 City of Fort Collins, Colo. A. �Imioipal Corporation (one ha3.t (�) intersection coat ) 37s Section 4. All assessments herein provided for shall be due and payable within thirty (30) days from the f inal passage and publication 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) equal installments , beginning e ,6 r u oa 192 g , 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 four and three-quarters (4-3/4%) per cent per annum. Section 5. Failure to pray 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 interested, whether under disability or otherwise , to pay in such installments. Section 6. Failure to pay any imtallments, whether of principal or interest , when due„ shall cause the whole of the unpaid principal to become due and payaole 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 day of sale the owner may pay the amount of all unpaid installments , with interest 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 whole 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 publia-ation of this ordinance and an allowance of five (5%) per cent discount shall be made on all payments made during such period only. -5- Section 8. In case of default in the p ment 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 North College Avenue Improvement District No. 23 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 upon which the assessment is unpaid, the date to which the same is computed, the amount of each installment of principal and interest , together with tyro (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 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 Iarimer 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 -6- month, with separate statements for all zueh 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 naving 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 andE 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 vote of all the members of the City Council this 24th day of December, A. D. 1927. Comm ssioner of Safernd -Of cio Mayor. ATTEST -7- STATE OF COLORADO ) SS. COUNTY OF LARIMER ) I, A. J RQSENOW2 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 24th day of December, A. D 1927, and was duly adopted and ordered published in the Fact Collins Express-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 the City of Fort Collins , and thereafter and on to-wit the =2Z t4 day cf December, A. D. 1927 , said Ordinance No. '31 was duly published in the Fort Collins Express-Courier, a daily newspaper published in the City of Fort Collins , Colorado, IN WITNESS VMEREOF, I have hereunto set my hand and affixed the seal of said City this da cf December, A D.1927. City Clerk, -8-