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HomeMy WebLinkAbout030 - 12/24/1927 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN SANITARY SEWER DISTRICT NO ORDINANCE NO 1927, BEING AN EMERGENCY ORDINANCE RELATI.LJG TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN SANITARY SEIM DISTRICT NO 450 OF THE CITY OF FORT COLLINS COLORADO, AND PROVIDING FOR THE PA-DIEYNT AND COLLECTION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That unmer and by virtue of the provisions of duly Ordinance No 19, 1927-L/passed and adopted on the 27th day of August , A D 1927, Sanitary Sewer District No 45 was duly created and provisions made in said ordinance for the construction of certain improvements in said district, ca:nsistin.g of a main sewer line and branches, said district comprising all the property in Lots 11, 21 and 22 in Block 11, and Lots 1, 32, 50 7 and 9 in Block 12, in the City of Fort Collins , Colorado That the said improvements 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 tha. City Engineer and the Commissioner of Works, on to-wit the 19th 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 $1171 36, 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 area ofteach lot or tract of land in the district is to the total of all the area of all tYr_ 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, 1926s, and Ordinance No 19, 1927, creating Sanitary Sewer District No 45, and which district is hereinafter more particularly described by lots and blocks , together Math the apportionment and rate per sgLare foot , the said findings and report of tr e 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 -1- Section 2 That at the regular meeting of the City Council held on the 19th day of November, A n 1927, said report of the Commissioner of Works and City Engineer concerning said proposed assessment for improvements in Sanitary Sewer District No 45 was by resolution of the City Council du],y adopted for the purpose of con- sideration and determination at a regular meeting of the City Council to be held on the 24th day of December, A D 1927, 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 to period of ten (10) days, addressed to the owners of prolmr-'uIr/be assessed in Sanitary Sewer District No 45, stating the whole cost of the improvements and the share apporticned 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 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 Counc it 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 contained in said resolution the City Clerk caused to be puolished said notice in the Fort Collins Express-Courier, the official newspaper of said City (f 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 24th day of December, A D 1927, the assessing ordinance for the cost of the improvements in Sanitary Sewer District No 45 was ordered submitted for passage and adoption -2- Section 3 That the total cost of the improvements in Sanitary Sewer District No 45, under and by virtue of the said Ordinance No 19, 1927, of said City, including the cost of inspection, collection and interest , amounts to $1171 36, which said sum is hereby assessed upon the real estate in said Sanitary Sewer District No 45, in accordance with the provisions of Ordinanoe No 7, 1921, relating to local piblie improvements, as amended by Ordinance No 9, 1926, and the proportion of said cost assessed to each lot or tract of land in said Sanitary Sewer District No 45 comprising the following lots and blocks in said district, shall be as follows -3- D=RICT U L0T BLOCS PRQ]7u= O"tacR AM RATS aosT ' +17.1n . l�Qeur�a 956A �01�il5g UW*05 5 22 ROUIU S. A "m 0400 *0i58 3W.05 $E tb �1a ...y�Y...2f, Rollin E„ "Ms �4{1 � � 7CO 003-958 93,4�0 sw 3.001 NY 12 Rourt 1400"Mu 5000 4low 07.92 NE 9d �1 ax OTOIM A. Schauer 4500 .01958 S8.13 22 Abo go, a ker 9500 .01958 IW.05 04 �1 11 A4A Ao D&UWM A010*25 003.058 59403V J64 me -92 Q49ma40E7*5 4058 7901W 22 3. 11O in 1:. .A.dMx 0"3.5 001958 U2.2 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 be assessed be paid in tten (10)equal installments, beginning /:e j6 ?-a a / �h __ , 192 e , and payable annually on said last mentioned date, tnereafter , until the full amount thereof has been paid, with interest an the unpaid principal payable semi-annually at the rate of five (5 o) per cent per annum Section 5 Failure to pay the whole of the assessment within the said ueriod 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 installments 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 (1fo) per Bent per month, or fractaon 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 nex 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 mnner as if default had not been suffered The ovmers 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 publication of this ordinance and an allowance of five (5%) per cent discou- -u shall be made on all payments made during such ueriod only Section 8 In case of default in the payment of any installment -4- 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 caaditions 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 45 in proper form showing in suitable columns each piece of real estate assessed the total amount of the assessment , the amount of each instiallment of principal and interest, and the date when each install- ment will become due, with suitable columns for use in case of payment of the whole amount or of any installment orgenalty, and 31eliver 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 theEeupon the City Clerk shall prepare a permanent local assessment roll in book form, showing in suitable columns each piece of real estate or property is 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 two (2) per cent additional thereon as collection charges of the County Treasurer, and the elate when the same will become due, with suitable columns for use in ease 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 -5• 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 oxner of any divided or undivided interest may pay his share of any assessment upon producing evidence cf the. extent of his interest satisfactory to the officers having the roll in charge Section 12 In the opinion of the City Counc 11 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 the unanimous vote of all the members of the City Council this 24th day of December, A D 1927 ommissioner of Saf e y -0 &o Mayor ATTEST 0 City Clerk -6- STATE OF COLORADO ) SS COUNTY OF LARIMER ) I, A J ROSENOW, City Clerk of the City of FoZt 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 e December, A D 1927, and was duly adopted and ordered published in the Foit Collins Express-Courier , a daily newspaper and the official newspaper of the. City cf Fort Collins, by the unanimous vote of all members of the City Council, as an emergency ordinance in accordance with the provis.Lcns of Sections 6 and 7 of Article IV of the City Charter of the City of Fart Collins , and thereafter and on to-wit the q 7_X day of December, A D 1927, said Ordinance No 30 was duly published in the. Fort Collins Express-Courier, a daily newspaper published in the City of Fort Collins, Colorado IN WITNESS zMREOF, I have hereunto set my hand and affixed the seal of said City this 7It day of December A D 1927 . T / City 1 er -7-