HomeMy WebLinkAbout001 - 01/24/1916 - RELATING TO THE ASSESSMENT OF THE COST OF SANITARY SEWER DISTRICT NO. 23 EXTENSION NO. 1 ORDINANCE NO _� 1916
RELATINTG TO THE ASSESSIMNT OF THE COST OF SANITARY SETER
DISTRICT LO 23 EZTEI310N ITO 1 OF THE CITY OF
FORT COLLINS AND PROVIDIITC FOR THE COLLECTIOI OF
SUCH ASSESSI12ITT AS PROVIDED BY LAW
BE IT ORDAIJED BY THE CITY COULCIL JF THL CIT)l OF FORT COLLIITS
Section 1 That pursuant to Ordinance No 9 1915
entitled "An Ordinance Relating to the Creating of Sanitary
Sewer District No 23 Extension iio 1 of the City of Fort
Collins and Providing for the Construction of said Sewer
and Assessing the Cost thereof as Provided by Law "said
sewer extension has been duly constructed and completed and
accepted by the City Engineer and Commissioner of Public Works
and the fact of such completion and acceptance duly reported
to the City Council together with a prepared statement showing
the whole cost of the improvement including six per cent
additional for cost of inspection collection and otT^pr _nr__
dentals and also including interest to the next succeeding
date when by the laws of the state general taxes are payable
which said statement also contained a schedule apportioning
the cost of said construction to each lot or tract of land to
be assessed for the same as provided in said ordinance ivo 9
that said statement and schedule were dulv filed with the
City Clerk and on to—wit the 22d day of November 1915 the
City Council duly adopted a resolution reouiring the Clerk
to give notice bj advertisement for ten days in the Fort
Collins Morning Express the official newspaper of said c.t,,
notifying the owners of the property to be assessed that
said improvements in said Sewer District No 23 Extension
No 1 had been completed and accepted and specifying the
whole cost of the improvements and the share so apportioned
to each lot or tract of land and further notifying the
owners of said lots that any complaints or objections that
may be made in writing by said owners to the City Council
and filed in the office of the City Clerk witpin thirty days
from the publication of said notice would be heard and
determined by the City Council bn the 10th day of January
A D 1916 at four o' clock in the afternoon at the Council
Chamber in the City hall of the City of Fort Collins Court„
of Tarimer Colorado that pursuant to said resolLtion the
said City Clerk did cause publication of said notice as
therein required and proof thereof has been duly filed
in the office of the Citv Clerk
Section 2 That on the said 10+r da-7 of Januery
A D 1916 at tbP hntir of fol r o' clock -n m t)+P said
matter Canino- on to be heard bPfcrP the Cite Council as to
any complaints and ob leCf l nn5 tb-it have bQPn made and filed
in writing bj anv of the owner° of the lots so to be agscssed
and thF Citif Council having heard and considered all such
complaints in writing as have been filed in said matter
and being sufficiently advised in the premises Both find
that all such objections are not well founded and that the
apportionment heretofore made by the Cit,,T Engineer and
approved by the Commissioner of Publis Worics respecting the
assessment upon the lots and block in said Sewer District No
23 Extension No 1 are fair just and equitable and are
hereby approved that the City Council further finds from
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the schedule and report of the Commissioner of Public Works
respecting said sewer district that the total amount of the
cost thereof to be assessed upon the owners of the lots and
blocks contiguous to and abutting uroon said sewer is Six
Hundred Forty-five and 68/100 Dollars (0645 68) and in
accordance with the report of the Commissioner of Public +forks
the said cost has been apportioned to each lot or tract of
land within said district , and the same is hereby determined
to be ,lust and equitable and the proper assessment to be
levied upon said lots or tracts of land as follows to-wit
Name Lot Block Amount
Elizabeth E Tomlin Pt 32 1 83 �26 87
Jessie S Newsome Pt S2 1 83 8 96
Ira L Scott Pt 32 1 83 16 88
School Dist No 5
Larime r County 2of 94 286 63
Plymouth Congregational
Church 32 of 12 93 34 04
Marie B Christman Part of 5 94 17 91
Diable C Whitney Part of 5 94 17 91
Tina Damm Part of 5 94 32 25
William Enoch Cram
?Maggie A Crim N f of 6 94 34 04
Nellie Anderson S of 6 94 34 04
Rebecca A Petty 7 94 66 07
Willis Hoffman N z of 8 94 34 04
Jessie A Miller S 2 of 8 94 34 04
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The City Council further adjudges and determined that
said assessments shall be paid�sru'Y(y
with interest at the rate of six per cent per annum on all
deferred installments said payments to he made annually on
or before the 1st day of March of each year beginning with
e�
March 1 1916 and all deferred payments shall d�a interest
from said last mentioned date at the rate of six per cent per
annum
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Section 3 That immediately upon the taking effect of
this ordinance the City Clerk shall prepare an assessment
roll in book form showing in suitable columns each piece of
real estate assessed in said Sewer District No 23 Extension
No 1 the total amount of the assessment the amount of each
installment of the principal and interest as provided in
Section 2 of this ordinance and 'he date when each install-
ment will become due with suitable columns for use in case
of payment of the whole amount or any installment or penalty
and when completed the same shall be duly certified by the
City Clerk under the seal of the city all assessments for
said construction of said Sewer District No 23 Extension
No 1 shall be due and payable within thirty days after
the final publication of this assessing ordinance without
demand provided at the election of the owners such assess-
ments may be paid in installments with interest as herein
provided If the owner or owners shall fail to pay the
whole assessment within said period of thirty days it shall
be conclusively held and considered as consenting to the
Ir, '7L0„J a
said improvement in Sewer District No 23&ana held and
considered as a waiver of any and all right to question the
poi,7er or jurisdiction of the City of Fort Collins to con-
struct the said improvement the quality of the work the
legality or sufficiency of the proceedings and the validity
and correctness of the assessment herein levied
Section 4 Fanlure to pay any installment whether of
principal or interest when due of said assessment shall
vause the whole of the unpaid principal to become due and
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payable immediately and the whole amount of 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 anj 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 thereafter to pay the installments in
the same manner as if default had not been suffered
The owner of any property not in default as to any install-
ment or payment may at any time pay the whole of the pnpaid
principal with interest accrued to the maturity of the next
installment of interest or principal payments may be made
to the City Treasurer at any time within thirty days of the
passAge of the assessing ordinance and an allowance of five
per cent shall be made on all payments during such period
only At the expiration of said thirty-day period the Citd
Treasurer shall return the local assessment roll herein pro-
vided for showing all payments made thereon witr thF date
of ea ch payment Thereupon the City Clerk shall prepare
a permanent local assecsnant roll in book form showing in
suitable columns each piece of real estate or property upon
which the assessments remain unpaid, the whole amount of
assessment unpaia the date of payment of the same the date
to which the same was computed the amount of each installment
of principal and interest and the date when the same will
become due with suitable columns for use in case of any
installment or penalties The City Clerk shall then duly
certifj under the seal of the city the said assessment roll
and the same shall be by him delivered to the County Treasurer
of the County of Larime r and State of Colorado with a
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warrant for the collection of the same and it shall be the
auty of the County Treasurer to receipt to the City Treasurer
for the same and the said roll shall be numbered for convenience
Section 5 The County Treasurer may and shall receive
payment of all assessments appearing upon said roll ith interest
and in case of default in the payment of any installment of
the principal and interest when due shall advertise and
sell any and all property concerning which such default is
suffered for the payment of the whole or unpaid assessments
thereon Said advertisement and sale shall be made at the
same time in the same manner under all the same conditions
and penalties and with the same effect as are provided by
general law for sales of real estate in default of the pay-
ment of taxes
Section 6 All collections made by the County Treasurer
upon said assessment roll so certified by the City Clerk
in any calendar month shall be accounted for and paid over
to the City Treasurer on or before the loth day of the next
succeeding calendar month with a statement showing that said
collections have been made on account of said assessment for
Sewer District No 23 Extension No 1 as piovidea in this
ordinance
Passed and adopted this 24 „day of January A D
1916
Commissiboner of Safety and
Ex-Officio Mayor
ATTEST
City Clem
r
STATE OF COLORADO )
—ss
COUNTY OF LARIIER )
I Ray Baxter Citv Clerk of the City of Fort
Collins do hereby certifj and declare that tre foregoing
ordinance consisting of six (6) sections duly proposed
and read at length at a meeting of tre City Council held
on the 10 day of kk 1916 was duly
ordered by "AYE" and "NAY" votedto be published in the
Port Collins Review a daily nesspape r of the City of
Port Collins in accordance with the provisions of Section
7 of Article IV of the City Charter that thercafter and on
to-w.t the 4- day of 1916 at a
regubar meeting of the Citj Council Vaid ordinance came
before said Countfil on its final passage a period of more
than ten days having elapsed since the publication as set
forth and that said ordinance was upon second reading
adopted as an ordinance ana thereafter and on to-%rit the
25t1vday of �vuwan 1916 said Ordinance
No I as finaqly pass4 ana adopted was duly pub-
lished in the Fort Collins Revicw a daily newspaper pub-
lished in the City of Fo.Lt Collins Colorado
In Witness Whereof I rave hereunto set my hand
this 2 5 -& day of ��tnni-4 a J u 1916
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City Clerk