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HomeMy WebLinkAbout029 - 12/17/1927 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN WEST MOUNTAIN AVENUE IMPRO ORDINANCE NO , 19279 BEING AN EMERGENCY ORDINANCE RELATING TO THE ASSESSMENT OF THE COST OF COICTRUCTION OF IITROVEITE14TS IN WEST MOUNTAIN AVENUE IItTPPOV MENT DISTRICT NO 25, 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 GOLLINS Section 1 That under and by virtue of the provisions of Ordinance No 6, 1927, duly passed and adopted on the 16th day of April, A D 1927, West Mountain Avenue Improvement District No 25 was duly created and provisions made in said ordinance for the con- struction of certain improvements in said district, consisting of grading, paving guttering, curbing and draining where any of the same become necessary, of the street area in said district for a width of thirty (30) feet on the south side of a center parking, said paving to consist of twenty (20) feet of reinforced concrete paving the same as has already been installed in other permanent improvement districtswithin the corporate limits of the City of Fort Collins , with a shoulder of gravel ten (10) feet in width on the south side thereof, with the right to increase the width of said gavuig at the ends of the parking, as may be necessary, said district comprising all the property fronting on said West Mountain Avenue , or abutting thereon, from the center line of Bryan Avenue and extending west along said West Mountain Avenue a distance of twelve hundred seventy-three (1273) feet to the East side of the concrete bridge across the New Mercer Ditch, in the City of Fort Collins , Colorado That the said improvements as therein provided have been duly ecnstructed as provided by lair 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 5th day of Nawember, A D 1927, duly reported to the City Council that the cost of conatructi on of said improvements , including the cost of inspection, collection and other incidentals, and also including interest ,, is $119 255 87, that in and by said report the -1- 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 of all the lots or tracts of land so improved, pursuant to the provisions of Ordinance No 7, 19210 relating to local public improvements, as amended by Ordinance No 9, 1926, and Ordinance No 6, 1927 , oreating West Mountain Avenue Improve- a ment District No 25, and which district is hereinafter more p*ticularly 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 12th dayfif November, A D 1927, said report of the Commissioner of Works and City Engineer concerning said proposed assessment for improvements in West Mountain Avenue Improvement District No 25 was by resolution of the City Council duly adopted for the purpose cf consideration and determination at a regular meeting of the City Council to be held on the 17th 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 period of ten (10) days, addressed to the owners of property to be assessed in West Mountain Avenue Improvement District No 25, 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 publication of said notice, would be heard and determined by tne; City Council at a regular meeting thereof to be held on the 17th day of December, A D 1927, at the hour of eight o ' clock in the forenoon of said day in the -2- ti Council Chamber in the City Hall in said City that sifter said hearing the City Counci.1 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 Coll-ins 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 public ation'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 17th d_ay of December A D 19270 the assessing ordinance for the cost of the improvements in West Mountain Avenue Improvement Distr2at No 25 was cr dered submitted for passage and adoption Section 3 That the total cost of the improvements in West Mountain Avenue Improvement District No 25 under and by virtue of said Ordinance No 6, 1927, of said City, including the cost of inspection, collection and interest , amoants to $11,255 87 wnich said sum is hereby assessed upon the real estate in said West Mountain Avenue Improvement District No 25, in accordame with the provisions of Ord inanc a No 7, 1921, relating to local public improvements, as amended by Ordinance No 9 , 1926, and the proportion of said cost assessed to each lot or tract of land in said West Mountain Avenue Improvement District No 25 comprising the following lots and blocks in said district, shall be as follows -3- 4r3r= ©QMu= rISTPUTOT ern, 06 21103 1'Z' Ono VMMAGI: 14Tg COST fog« tit .a sotni� �,F «i toot South of the ffoxt2W v*st garner of the raxt bair o: +he Wuth"xt QV, ",tor of 40 9T "hwthp RUDSO 00 waati I wh oast 953 fagot to oeatur line of rorimer County 0awl X04 f tb e&ong the aoutor3lne of said *awl r* ftllmms Smth 14 dig, 30 -A-► "A Boo r"tt� month W dege ens; 54* fret j fgUh i d 640 DIA* vast 450 felt, mouth 42 dog. 40 Xiri. v*st Soo goose *out► ► ml 4966 30 actin. tas* I" test to a pelts Atl of fast north or south line of said, sus%long th Vest and along lands of Sarah Groh %o wed line to vast halt *r #hv southwest 4varter of said **G$Ioa 100 th Awth $6 l"o of beginning-," coo or ftri ct►=zss Coloo 1> ues 7.8+m 9444.d4 'the Rest halt of the southwest qortor of soft on 10 y T 7 worth, Range ai VGA f emsaptlang therefrm aU lots oolt %or burial pwrosaist mw City of To t GAiwast Cou, =5 'T+m3m 1761.45 Section 4 All assessments herein provided for shall be due and payable within thirty (30) days from the final passage an.T 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 192 do , and payable annually an said last mentioned date thereafter, until the full amount thereof has been paid, with�nterest on the unpaid principal payable semi-annually at the rate of four and three-quartets (4-3/4%) per cent 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 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 aent per month, or fractionn 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 (1fo) 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 ary property not in default as to any installments or p.V ments 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 f final passage aid publi cation of this ordinance and an allowance of five (5%) per cent discount shall be made on all payments made ddur ing such period only -4- 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 ty the County Treasurer and sold for the payment of the whole of the unpaid assessment thereon at the same time or t irre?s 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 West Mountain Avenue Improvement District No 25 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 whet 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 tnis assessment ordinance -and the taking effect thereof Upon the expiration of the thirty (30 ) daya, the City Treasurer shall return to the City Clerk the assessment roll showing all payment�nade 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 u#paid, the date to which the same is computed, the amount of each installment of principal and interest, together with. two (2 0) 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 papnent of any installments or penalties Said roll shall be certified liy 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 -5- Section 10 All collections made by the County Treasurer on said assessment roll in any cdlendar 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. pdid by the County Treasurer to the City Section 11 The owner of any divided or undivided interest may pay his share of any assessment ivoon 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 tre 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 memT-ers of the City Council this 17th day of December, A D 1927 r Cogimissioner or Safety ana x-0 ficio I or ATTEST i y ler A STATE OF COLORADO ) SS COUNTY OF LARIMER ) I, A J ROSENOW, City Clerk of the City of Fort Collins, do hereby certify and decl..a.re that the fo;going ordinance consisting of t ielve (12 ) sections was duly proposed and read at length at a regular meeting of the City Council held on the 17th day of December, A D 1927, and sas 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 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 .�'y day of December , A D 1927, said Ordinance No � was duly published in the Fort Collins Express-Courier , a daily newspaper published in the City of Fort Collins, Colorado IN WITNESS W[1EREOF, I have hereunto set my hand and affixed AW the seal of said City this Re) day of December, A D 1927 City Clerk -7-