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HomeMy WebLinkAbout018 - 11/12/1916 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF STORM SEWER IN STORM SEWER DISTRICT NO 3 ORDINANCE NO RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTSON OF STORM SEWER IN BTORM SEWER DISTRICT NO * OF THE CITY OF FORT COLLINS, AND PROVIDING FOR THE COLLECTION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That under and by virtue of the pro- visions of Ordinance No 12 , 1916, of said Qity of Fort Collins, adopted and approved on the 12th day of June„ 1916s Storm Sewer District No 2 was duly created and provision made in said ordinance for the construction of a storm sewer in said District, and the said improvements as therein provided have been duly constructed under contract as provided by law, and the said improvements have been duly accepted by the City of Fort Collins, as therein provided, that thereafter the Com- missioner of Works of said city duly reported to the City Coancil the total cost of the construction of said Storm Sewer, including the cost of inspection, collection and other incidentals, and also including interest to the first day of March, 1917, when, by the laws of the State of Colorado, the first installment of general taxes is dae and payable, which said sum amounts to $2,159 68, that in and by said report the Commissioner of Works, pursuant to the report of the City Engineer, duly apportioned upon all the real estate in Stonm Sewer District No 2 in proportion as the area of each piece of real estate in the district improved is to the area of all the real estate in the district, exclusive of public highways, in accordance with the provisions of §5366 of the Revised Statutes of Colorado for 1908, and in accordance with said apportionment the rate is 6_0056019 per square foot, which finding and report of the Commissioner of Works is in accor- dance with the report theretofore made by the City Engineer in respect to the assessments on each lot within said district Section 2 That at a regular meeting of the City Council held on the llth day of September, A D 1916, said report of the Commisdoner of Works concerning the assessment 3 for said improvement in Storm Sewer District No � was by resolution of the City Council duly adopted for the purpose of consideration and determination at a meeting of the City Council to be held 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 days, addressed to the owners of the property to be assessed in Storm Sewer District No 2, stating the whole cost of the improvement 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 may be made in writing by them to the City Clerk and filed in the office of the City Clerk within thirty days from the publication of said notice, will be heard and determined by the City Council at a meeting thereof to be held on the 23d day of October, 1916, at the hour of four o'clock P M of said day, in the Council Chamber in the City Hall in said City of Fort Collins, that after said hearing the said City Council will take up the matter of the passage of an ordinance assessing the cost of said improvement, that pursuant to the authority contained in said resolution the City Clerk has caused to be duly published said notice in the Fort Collins Morning Express, the official newspaper of said city of Fort Collins, for a period of ten days, as provided by law, and that due proof of said publication has been duly filed -2- in the office of the City Clerk, that more than thirty days have elapsed since the publication of said notice, and no complaints or objections in writing have been filed with the City Clerk as provided by law Section 3 That the total cost of the improvement in said Storm Sewer District No 2, under and by virtue of Ordinance No 12th 1916, of said city, including the cost of inspection, collection and interest to the first day of March 1917, amounting to $2, 159 68, is hereby assessed upon all the real estate in said district in accordance with the provisions of §5375 and §5376 of the Revised Statutes of Colorado for 1908, and that the proportion of said costs assessed to each lot or tract of land in said Storm Sewer District No 2, com- prising the east half of Blocks numbered 111, 112 and 113, and the west half of Blocks numbered 121, 122 and 123, shall be as follows, to-wit BLOCK NO 111 Square Rate per Lot No Ft Sq Ft Property Owner Cost 1 4750 $ 0056019 State Mercantile Cc $26 61 f 2 " " State Mercantile Cc 26 61 -0 3 " " State Mercantile Cc 26 61� 4 " " State Mercantile Cc 26 61 d 5 " " William A Kickland 26 614 6 " " William A Kickland 26 614' 7 " " Cynthia Ann Douglass 26 61 � 8 n " Cynthia Ann Douglass 26 61 ,/ 9 " " Mary T Weleh 26 614 10 3250 " Alexander W Scott 18 201, 11 it " Alexander W Scott 18 20 -' 12 " " Rosa Arscott 18 30 1/ 13 " " Robert E Trimble 18 204 14 it it Robert E Trimble 18 20 15 " " Caroline Eleanor Mentz 18 20 16 " " Alford Investment Cc and Thomas H Robertson 18 20 � -3- BLOCK NO 112 Square Rate per Lot No Ft Sq Ft Property Owner Cost 1 4750 $ 0056019 Caroline Eleanor Mentz $26 61 d 2 " " Caroline Eleanor Mentz 26 61, 3 " " Caroline Eleanor Mentz 26 61, 4 " " Caroline Eleanx Mantz 26 61✓ 5 " " Caroline Eleanor Mentz 26 61 6 " " Caroline Eleanor Mentz 26 61 ` 7 " " Benjamin F Hottel 26 61,0 8 " " BEnjamin F Hottel 26 61 a 9 " " Benjamin F Hottel 26 61 / 10 " " Benjamin F Hottel 26 61 ✓ 11 " " Benjamin F Hottel 26 6110 12 1150 " Benjamin F Hottel 6 44✓ 12 3600 " United States of America 20 17✓ 13 750 " Robert E Trimble 4 20✓ 13 4000 " United States of America 22 41V 14 750 " Robert E Trimble 4 20 14 4000 " United States of America 22 41 ✓ 15 750 " Robert E Trimble 4 20 ✓ 15 4000 " United States of America 22 41✓ 16 750 " Robert E Trimble 4 20 ✓ 16 4000 " United States of America 22 41✓ BLOCK NO 113 Square Rate per Lot No Ft Sq Ft Property Owner Cost 1 7000 0056019 Mary E Quick $39 21`' 1 2500 " Samuel T Quick 14 00 ✓ 2 7000 " Mary E Qukok 39 21 p 2 2500 " Samuel T Quick 14 00 ✓ 3 9500 " J J Bauman 53 21✓ 4 " " J J Bauman 53 21 1/ 5 " " Mountain States T & T Cc 53 21+ 6 " " Ada L Baker 53 21 , 7 7600 " Ada L Baker 42 57/ 7 1400 " Methodist Episcopal Church 7 64/ 7 500 " Louise C Bryant 2 801 8 7000 " Methodist Episcopal Church 39 21 8 2500 " Louise C Bryant 14 004 .4- BLOCK M 121 Square Rate Per Lot No Ft Zq Ft Property Owner Cost 7 1000 $ 0056019 First National Bank 5 601 7 1000 " Commercial Loan & R Cc 5 60 f 7 500 " J A C Kissock 2 sit, 7 1000 " Estate of Amanda Wheat 5 60 ✓ 8 1000 " First National Bank 5 60 ✓ 8 1000 " Commercial Loan & Trust Cc 5 60 8 500 " J A C Kissock 2 81✓ 8 1000 " Estate of Amanda Wheat 5 60 d lOC 1875 " First National Bank 10 51✓ 10 635 " J A C Kissock 3 50 .1 10 1000 " Estate of Amanda Wheat 5 60✓ 11 37 5 " Fort Collins Investment Cc 21 11 3482 5 ry r Frank+L Souit 19 40 ✓ 12 1802 5 " _ Emma A Ki s so ck 10 10 / 12 1697 5 " J A C Ki e s ock 9 51 13 3500 " Stover Investment Co 19 61 14 " " Stover Investment Cc 19 61 ' 15 " " Lewis Seoord 19 61f 16 " " Lewis Secord. 19 61 l 17 " " 1 C Davis 19 6111 18 " " M M Bradley 19 61 ✓ 19 " " Phoebe G Edwards Sara E Avery 19 614 20 n n if it n a bl9 61 d 21 2250 " Thomas H Robertson 12 61 ✓ 21 1250 " Phoebe 8 Edwards,Sara E Bvery 7 00 ✓ 22 2250 " Thomas H Rober+son 12 61 ., 22 1250 " Sara E Avery, Phoebe G Edwards 7 00 BLOCK NO 122 Lot No Sq Ft Rate Property Owner Cost 9 3500 0056019 St John' s Episcopal Church $19 61 10 " " n " " 19 61 11 " n Clara A Hoel & Geo L Hoel 19 61 V 12 n n it n n a 19 a 13 n n n It " n 19 611 14 1400 " " It " " 7 84 f 14 2100 " G Harold D Parker 11 77 r 15 3500 " n 19 61 16 " " " 19 61 q 17 n " " 19 61 + 18 " " Ellen T Atwell 19 61 ✓ 19 1750 " " 9 80 19 1750 " Gordon M Fothergill 9 811/ 20 3500 " Gordon M Fothergill 19 611 21 3500 n Alexander W Scott 19 61 22 n n n " 19 61 23 " " W A Hawthorne 19 61 24 n n n n 19 614 -5- BLOCK NO 123 Lot Not Sq Ft Rate Property Owner Cost 9 7000 $ 0056019 Methodist Episcopal 6hurch $39 214 10 " it " " 39 211/ 11 " " F Maria Annie 39 21,f 12 " " Verner U Wolf 39 21 d 13 " " Ada L Baker 39 210 14 " " Thomas Quinn 39 21 15 5600 " Charles Golding-Dwyre 31 37 `� 15 1400 " Christine Miller 7 84 16 7000 " " " 39 211 Section 4 That all that portion of Lotd 12, 13, 14 15 and 16, in Block 112, covered by the foregoing assessment and owned by the United States of America, comprising 19,600 square feet, and the total assessment therefor amounting to $109 81 for the cost of said improvement, be and the same is hereby re- leased from the claim and lien of said assessment, and that said sum of $109 81 shall be paid by the City of Fort Collins, said release of claim and discharge of said property from the lien of said assessment is made by reason of the fact that no appro- priation has been or will be made by Congress of the United States for the payment of any special assessments against pub- lio property, and under the regulations of the Treasury Depart- ment no such claim would be recognized or approved, and said assessment cannot be enforced against the property of the United States as a matter of law Section 5 All assessments herein provided for shall be due and payable within thirty days tithout demand, provided all such assessments may at the election of the owners of the property assessed, be paid in five (5) annual installments, payable February 28, 1917, February 28, 1918, February 28, 1919, February 28, 1920, February 28, 1921 withowt interest on the unpaid principal, payable semi-annually at the rate of six per cent per annum Section 6 Failure to pay the whole of the assess- ment within said period of thirty days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in -6- such installments Section 7. 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 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 per cent per month or fraction of a month, and all penalties accrued, and shall thereupon be restored to the right to pay the instaaments in the same manner as if default had not been suffered. The owner of any property not in default as to any installments or 11ayment may at any time pay the whole of toe unpaid principal, with the interest accrued, to the maturity of the next installment of interest or principal. Section B.Payments may be made to the City Treasurer at any time within thirty days of the passage of this ordinance, and an allowance of five per cent disoound shall be made on all payments made during such period only. Section 9. In case of default 61 the payment of any installment of the 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 aesessments thereon at the same time or tithes, 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 -7- Section 10 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 assessment roll in charge Introduced, read and ordered published this 23d day of October, A D 1916 Passed and adopted this / day of November, A D 1916 Commissioner of Safety and Ex-Officio Mayor ATTES �/' City Clerk STATE OF COLORADO ) as COUNTY OF LARIMER ) I, Ray Baxter, City Clerk of the City of Fort Collins, do hereby certify and declare that the foregoing ordi- nance, consisting of ten (10) sections, was duly proposed and read at length at a meeting of the City Council held on the 23d day of October, 1916, and was duly ordered by ayw and nay vote to be published once in full 'En the Fort Collins Morning Express, a daily newspaper of the City of Fort Collins, in accordance with the provisions of Section 7of Article IV of the City Charter, that thereafter and on, to-wit, the day of 1916, at a regular meeting of the City Council the said ordinance came before said council upon its final passage, a period of more than ten days having elapsed since its publication as above set forth, and that addid ordinance was upon second reading adopted as an ordinance and thereafter and on, to-wit, the day Q of 19163 said Ordinance No as finally passed and adopted was duly published in the Fort Collins Morning Express, a daily newspaper published in the said City of Fort Collins, Colorado In Witness Whereof, I have hereunto set my hand this day of 1916 ity Clerk