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HomeMy WebLinkAbout023 - 11/06/1926 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN WATER MAIN DISTRICT NO. 5 H 0 ._. 'Tr,L?Cy PTO. i .7 , 19 0, BEING AN EKERGENCY ORDINiiNCE R6_ . G TO Tf i .aSS—�oS!:i:.'T OF Tip Cw T OF CONSTRUCTION OF I' PROVE :" STRICT F:O. 5 , OF TIM CITY OF FORT COLLI'_:S, AM PROVI_. - ?T FTC) BE IT O.ZAINED BY T= CITY CO: i'CiL .F ? CITY OF r'ORT COLLIP'S : Section 1. That under and Ly virtue of the _]rovisi.-:;s of Ordinance No. 43, 1925, of said City of Fort Collins, duly adopted and approved on the i:Sth day of November, A. D. 1925, Water i:ain District No. 5 was duly crea'"ed a=:d provisions ::jade in said ordinance for the con, traction of certain i_.prbvements in said district, con— sisting of :rater mains with I_.terals therefrom; that the said imlrove_ ents as ti•:erein provided 'iave been duly constructed as provided by lai, and duly accepted by ti-,e City of Fort Co-..l',ns as 'herein , --ovided ; that t'.^.e_ eafter t':e :;ity Engineer and Commissio-ner of 'Nor'_s, on to—wtt . t'_,.e : _. day of �Icto ,ar, A. D. 1930, duly . reported to tiie Cit' Council that t'.,.e cost of corntruction _f said i :'nroveWe. ts, includinz the cost of inspection, collection and other incidentals, and also including interest, is $4,894.C9, to be assessed upon t'r.e real estgte in the said district ; that in and by the said report the Commissioner of Works, ursuant to the rop _rt of the City Engineer, del;* ap;ort_oned u; on all t',_e lots or tracts of lard in tim ,is'.rict iwproved, in ,:ro,portion as the frontage of each lot or tract of lard is to Vie fron'- age of all the lots or t_•acts of land so i:::proved, each. live of a lic hi hays, " sLi--nt to the provis_ons of Secticns 14 anid 31 of Ordinance "o. 7 , 19-1, as a:iiended by Ordinance '_?o. 13, 19 43 and Ordinance .'c . 43, 10,25, creating Water Lain District No. 5, and which district is '.-_ereinafter more particularly described by lots and blocks, toget' er :with the apportionment and rate per front foot, Vie su-id findings and re_'ort of the Commissioner of Works and City EnLjncer being; in accordance with the report of the City Engineer in respect to the roposed assessrWaent on each lot in said district. M Section 2. That at the regular meeting of the City Council held on the 2nd day of Ccto: er, A. D. 19--6, said report of the Commissioner of Works and Cit;r Engineer concerning said proposed assessments for improvements in Water Plain District No. 5 was by resolution of the City Council duly adopted for the purpose of con- sideration and detrmination at a regular meeting of the City Council to be held on the 6th day of November, A. D. 1926, pursuant to a notice of the City Clerk as provided by law; that in and by said resol-_ition the City Clerk was instructed and directed to publish notice in the official newspaper of the City of Fort Collins for a period of tcn days, addressed to the owners of soperty to be assessed in Water plain District No. 5, stating the whole east of the improvements and the share apportioned to each lot or tract of lain in said dist_'ict, and notifying the owners thereof that any complaints or o- jecti-as th_L.t mice-t be made in w. iti-n6 by them to the City Clwk and filed in ',:is office within thirty days from the publication _ f said notice, wo--1d be heard and determined by the City Co-nail, at a regular meeting thereof, to be held on the 6th day of N--vember, I.. D. 1926, at the hoar of eight o' clock in the forenoon of said day in the Council Chamber in the City Hall in said City; that after said hearing the City Co,zncil would take up the mat',er of the passage of an ordinance assessing the cost of said improvements; that pursuant to the authority cohtained 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 t en days, as provided by ordinance, and that due proof of said pu,_lic-.tion j ':as been duly filed in the oflic:� of the City Clerk; no com laints or otject` ors '"_aving been filed, at said meeting of the City Council held on t'.ie 6th day of November, A. D. 19-6, the assessing ordinance for the cost of the improvements in said Water Lain District No. 5 was ordered submitted for passage and a-laptiong Sectinn 3. That the total cost of the improgements in said Water Lain District Yo. 5, under and by virtue of s.id Ordinance No. 43, 1925, of said Cit;,,, including the cost of inspection, collection and interest, amou:.ts to � 4,894.09, to be assessed upon the real estate in said Water TViaih District No. 5, in accordance with the provisions of Ordinance No. 7, 1931, as amended by Ordinance No. 13, 1-9�4, relating to local public improvements, and the pro,)ortion of said cost assessed to each lot or tract of land in said Water I:ain District No. 5 comprising the folio; ing lots and blocks in said district, snail be as follows. I J LOT BT4)(Ca a sROMRT1 c-I'n i3.Y1 FRVii.4/iO RAM COST 1 I Beulah Babbitt Cameron 70 1.3538 2 1 Beulah Babbitt Cameron 50 1.35 8 67.69 +t 1 Daisy B. and Charlao A. Jeff are +i 1 Beulah Babbitt Cameron 5 1 Beulah Babbitt Cameron 150 1.35 8 6 .6 6 1 Beulah Babbitt Cameron SQ 1: 1 1 5. ? 1 Ralph and Catherine Faatsr 7?Q 8 1 Ralph and Catherine Pastor 50 1:31538 67.70 1 2 Beulah Babbitt Cameron 50 1.35 8 67.70 2 2 BMUh Babbitt Cameron 50 1.35�8 67.70 3 2 24M]" Babbitt Cameron 50 1.35�8 67.70 4 2 Beeaah Babbitt Cameron .�5 7, 5 2 Beulah Babbitt Cameron 6 2 Beulah Babbitt Cameron Sq 67. 0 7 2 HeuLt�lt Babbitt 43sr�eran 30 1.j538 40.62 t3 2 Beu3,ah Babbitt Cameron 20 1.35 8 27.08 9 2 Mrs. J. X. Mead 10 2 U, a. ilahbskck 50 1.3 8 67.70 11 2 M. s. 1�ishbaok 50 1.3335 8 67.70 12 2 x. S. Fishhook 50 1.35 8 67.70 13 2 X. pishbae 14 2 K. Christensen 50 1t 5 8 67.70 15 2 Emma K. Christennen 50 1.35 8 67.70 16 2 M. S. "ishbaak 17 2 M. S.Fishback 50 1.3 8 67.70 8 50 1.3538 67.70 1 2 It. 0, riehbaok 50 1.35 8 67.70 19 2 M. S. Fiahback 50 1.35 8 67•6c9 20 2 Ora R. Long 50 1.35 8 67.69 21 2 Ora R. Long 50 1.3 8 67.69 22 2 M. S. Fiehback 50 1:35338 67 69 23 2 S. V. Tones 50 13538 67.69 24 2 F. L. Stoffer 50 1.35 67.69 25 2 Ora S. Lom 50 1-3�5338 67.69 26 2 M. S. 1suback 50 1.3538 67.69 1 Lour A. ,. ecord 50 1.35 .8 67.69 2 Howard 3. Smith 50 1. 8 67.69 4 Otto Biller 50 1.35 6 67.69 5 Beulah Babbitt Cameron 38 67.69 3 Byron Newton 50 1. 53E83 6�.69 7 Beulah Babbitt Cameron 50 1. 5 8 6•7.69 8 3 Beulah Babbitt Cameron 50 1.35 67.69 9 3 N. rnishback 50 1.35 8 67.69 10 3 H. S. Pishback 11 3 M. U. Fishbaac 12 3 X. Fishba,ck 13 3 M. S. rishback 50 1.35 8 67+69 15 3 N. S. Fishbaak 550 0 1. 38 67.69 15 3 1[. S. Yiahba.Ck 7 16 3 X. 3. rishb"k 5 538 67 69 Ij 3 M. S. Fishback 50 1t 8 67i69 19 X. S. F ishbaak 2 X. 3-Flohbaek 0 1. 21 3 'elan P. rarfield 3 Bolen F. Awf ield 30 1. 8 :6 22 M. S. Fishhook 50 1. 8 6 .6 23 3 S. F. Allen 2 3 H• S. Young 50 1• 8 6 •6 25 3 ^'lorence r. Foran 50 1-3538 67.69 LOT BIOCK PROPBR`L`Y 0 43rm FROYIAGR RATR COST 26 3 Hloreme J. Boran 50 1.3538 67.69 1 4 noes W. XoMurY 50 1.35 67.69 2 4 Alice L. NWO*e 50 1.358 6K•69 4 Beulah 8&11lL 0azseron 72.46 1.35 8 9 .10 4 4 Guy A. L1IWoot 50 1.Nl3 67.69 5 4 R. S. V100 k 50 1.35 ' 67.69 6 4 V. b. P� 0 1.3 67.6g S. 67 6 u 1. �' 4 M. S. F 50 1.3538 67.69 9 4 L. s. PuMmak 50 1.353a 67.69 10 4 Y. s. Fidttwk 50 1.35 6?.69 11 4 H. 8. Plabb"k 72.46 1.3538 90.10 I Sect'-on ., 1.11 assessments herein provided for shall be due and payable r;it!-in t'-.irty days from the final passage and publication of this ordinance, without demand, provided that all assessments may a t the election of the owr_°rs of tLe property asses.>ed be paid in ten (10) e:,ual installments beginning weteT,s .Or)' AT 44 ' , 192 6, and paLra41e annually on said last mentio-ed date thereafter, until the full amount thereof has been paid, with interest on the unpaid principal, payable semi—annually at the rate of six (6j) per cent per annum. Section 5. Fa_lizre to pay the whole f the assessment °rithin the said period of t',irty days shall be conclusively considered and held an election on t'-e _ e.rt 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 pr nci;)al to become due and paya'. le im;:,e iately, and the whole amount of the unpaid principal and accrued interest s',all 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 �-rior to the day of sale t'_,,.e owner may pay the amount of all unpaid installments, a:ith interest at one (1q.) �•er cent per month, or fraction of a month, and all penalties accrued, and shall thereupon Ue restored to the rig-t to pay in installments in the sa.,ae :canner as if default had not been suffered. The owners of any property not in default as to any installments or payments may at any ti-:ae pay the whole of the unpaid principal with interest accrued to the :M turity of the next installment of interest or principal. Section 7 . Payrients may be made to the City Treasurer at any ti ;e within t'_irty (30) days of the final pas.-age and ,publication of this ordinance and an allowance of five (5o) per cent discount shall be :node on ' all payments made during such period only. Section S . In case of default in the payment of any installment of principal and interest when due, any and all property concerning :-ich such defLult is suffered --hall be advertised by tlx: County reasurer and sold for the payment of the wh- le of the un; e.id assessment thereon; at the same time or times and in the same laanner, under all the same conditions and penalties and with the same ef. ects as are provided by lEw fcr sales of real estate in defa--ilt of the payment of general taxes. Secti ..n 9 . It s__all be the duty of t`._e City Clerk to prepare t.,_e foregoing assessment roll in said Water , ain District o. 5 in --raper form s..awin in s-- itable columns each pike of real estate assessed, the tote; amount of the ase;es,:::le_.t, the amu,:nt of eahh instalL.ient of principal and interest, and the date when each instal'l::ent will b:.,come due, with s.:;ita'sle columns for use in case of payment of the whole ainciznt or of any instal]::ient or penalty, and deliver the same to the City Treasurer, and thereafter payments may ;:e :rude tc t' e City Treasurer at any time r^4thin th rty (30) days after t',e passLce of t1-is assessment ordinance and the t.akin3 effect hereof. U-Dcn ';',_e expiration of "he t'-irty (CC) days, t',e City Treasurer s'_all return to ,._ : City Clerk the assessment roll showin a.11 payments m Ae ',ereof, „- h t' e date of each Q-,ynent, and t'. ,reu ;on the City Clerk s'-all : r�- are a -ermanent locL l c.s: es ::;ent roll in lock f erm, in s itc.ble columns each pike of real esta'_e or property up-m -:: ch t aS@SS29et 15 1nald, t^ 71C arit of t e aSSeSSaenth; ; un,-,':.id, t'--a date to FJ.- ich t'_c: sa-ie is comput ed, t'1e ac:i "a.nt of each instal'_.:ient of principal d.nd interest, toget'.-er with two (2;5) per cent audit _o.-:al thereon as collection C'_.:.r eS of the 'County Trecs'_?_" ", a::d the date ..,'.en the sa:ae :will boccie due, :ri th suitable columns for ase in case c•f t'-_e payment of any installments or penalties . Sa .d roll s`,all be certified by the City Clerk under the seal c-r th.e City, and him delivered to the County Treasurer of Larim: -- County _t' . ' is warrant for the collecti_n of the same. • Section 20. 2= collections rlade ty the County Treasurer On said aSsssSl::ent roll in any c _lendar month Shall 11 e accounted for al-6 paid over to the City Tr asur _r on the first day of each and every month, with separate s",ate:: eas for all such collections for each :aonth, im the sa:,ie :.,an_ier as feneral taxes are paid by the County Treasurer to the City. Section 11. The o; ner of any divided or undivided interest may pay his st_':re --f any assess:aent u_ on producing evident - of t!:e ex' ent of his interest satisfactory to t},.e offic rs hd.ving the roll in charge. Section 12 : In the opinion cf the City- Council an e:aer3ency exists for the pr servation of the public health, peace .. '. s_ fety and this ordin--nce s',-all take effect ul,on its passage x: d ; u: licat_on mzder and by virtue cf the authority c_ntained in Sections 6 and 7 of i.rticle 14 of th.e City Charter . introduced, read at len th and aCAopted by the unanimiLi.s _ 11 e :ae.�bers f Ci%' Coti:nci.l tL.is 6th day of ovembec , Safe',,; or ry .,ity STA E CF COLO11 0 ) SS. COtiNTY CF 1,R1--- I, A. J. i?OSENOVd, City Cle_�k of the City of Fort Collins do 'r.ereby certify and declare t': .t t'-e foregoi;-g ca," l.nance coraiSt_ng of twelve (1::) s9ctions, was dul;,, -,)ropoSed and read at length at a reg_._wr .:ieeting of the City Cs:,ncil '_old on the oth day of Novemb- r, - . D. 1S:.o , and was duly adopted and o dered llshed lri the Fort Collins Express—Courier, a da-ly ne . sra',er and t`e official newspa_,er of the City of _ ort Collins, :y the ,ranimous vcte of all 'mcmb rsoft!- Cct,nb*l, as an emergency rdinance, in accordance -with t:_e iDrovis-cns of Sections u and 7 of =.rticle IV of the City Charter, and t',ereafter on to—wit : the _! day of Ncvember, A. D. 19.:6, s_id �rdtnance Ico. was duly piblisl-ed in t'--e Fort Collins Ex .ress—C. urier, a daily ,e ,spa er pu --: in ity of ='ort Colli::s , Colorado. I 1,ave =ere nto et my _hand and affixed ' e seal __ _ t ove: 'cer, A. D. City Cler':.