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HomeMy WebLinkAbout029 - 12/02/1922 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN SANITARY SEWER DISTRICT NO ORDINANCE NO. �, 1922, BEING AN ETEP.GENCY ORDINANCE RELATING TO TEE ASSESSMENT OF TIM COST OF CONSTRUCTION OF IMPRO MMTS IN SANITARY SUER DISTRICT M. 38, OF TEE CITY OF FORT COLLINS, AND PROVIDING FOR THE PATIENT AND COLLECTION THEREOF. BE IT ORDAINED BY THE CITY CONITCIL OF THE-CITY OF FORT COLLINS: Section 1. That under and by virtue of the provisions of Ordinance ' No. 23, of said City of Fort Collins, duly adopted and approved on the 26th day of August, A. D. 1922, Sanitary Sewer District No. 38 was dsly created and provisions rode in said ordinance for the construction of certain improvements in said district, consisting of sanitary sewers; that the said improvements as therein provided have boon duly constructed as provided by law and duly accepted by the City of Fort Collins as therein provided; that thereafter the City Engineer and the Commissioner of Works, on towitt the 28th day of October, A. D. 1922, duly reported to the City Council that the cost of construction of said improvements, including the coat of inspection, collection and other incidentals, and also including interest to March 1, 1923, is $769.38, that in and by said report the Commissioner of Works, pursuant to the report of the City Engineer, duly apportioned upon all of the lots or tracts of land in the district improved, in proportion as the area of each lot or tract of land is to the area of all the lots or tracts of land so improved, edclusive of public highways, pursuant to the provisions of Sections 14 and 31 of Ordinance No. 7, 1921, relating to local public improvements, and Ordinance No . 23, 1922, creating Sanitary Sewer District No. 38, and which district is hereinafter more particrlarly described by lots and blocks, together with the epporticnnert and rate per square foot, the said findings and report of the Commissioner of Works and City Engineer being in accordance with the report of the City Engineer in respect to the proposed assessments on each lot in said district. Sacticr_ 2. That at the radar meeting of the City Ccuneil held on the 28th day of October, 1922, said report of the Com^issioner of Works and City Engineer concerning said yroposed assessments for improvements in Sanitary Sewer District _T:o. 38 was by resolution of the City Council duly adopted for the p=rose of consideration and determination at a r.gular meeting of the City Council to be held on the 2nd day of December, A. D. 1922, 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 _eriod of ten days, addressed to the owners of property to be asses ed in Sanitary Sewer District No. 38, 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 might be made in writing by thara to the City Clark and filed in his office within thirty days from the publication of said notice, would be heard and determined by the City Council at a radar meeting thereof to be held on the 2nd day of December, A. D. 1322, at the hour of eight 02clock in the forenoon of sail day in the Council Chambar in the City Fall in said City; thst after said hearing the City Council tix-_Id 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 notica in the Fort Collins Courier, the official newspaper of said City of F©rt Collins, for a period of ten days, as c.rcvided by ordinance, and tray due proof of said publication has been duly filed in the office cf the City Clerk; no complaints or objections 'raving been filed, at said meeting of the City Council *ld on the 2nd day of December, A. D. 1922, the assessing ordinance for the colt of the improvements in said Sanitary Sevier District No. 38, :,as ordered arbmitted for -passage and sdopticn. Section 3. That the total cost of the improvements in said Sanitary Sewer District No. 38, under and by virtue of srid Ordinance No. 23, 1922, of said city, in,�ludirg the cost of inspection, collection and intarest to the 1st d-y of March, 1923, amounts to $769.38, which said sum is hzreby Fseessed w,-on the real estate in said Sanitary Sewer District No. 38, in accordance ,dth the provisions of Sections 1.4 and 31 of Ordinance 11o. 7, 1921, relating to local public improvements, end the proportion of said cost assessed to each lot or tract of land in said Sanitary Sewer District No. 38, comprising the following lots and blocks in said district, shall be as fol'_o:.a: FINAL 'gSESSMENT ROLL SANI-TARY SE89k:R # LOT NO PROPERTY X5ZR AREA COST TOTAL BLOCK 2, ' L.C.MOORES ADDITION 1 Maurice C. Gerhart 6750 .0093 62.95 2 Maurice C. 0" Gerhart 6750 .0093 62.95 3 E. A. Schlichter 6750 .0093 62.95 4 E. A. Schlichter 6750 .0093 62.95 5 D. 0. !irtcn 6750 .0093 62.95 6 D. o. Norton 6750 .0093 62.95 7 L. C. Moore 7000 .0093 65.28 8 L. C. Moore 7000 .0093 65.28 9 Carl Edwin Stitt 7000 .0093 65.28 10 Carl Edwin Stitt 7000 .0093 65.28 11 L. C. Moore 7000 .0093 65.28 12 L. C.Moore 7000 .0093 65.28 Section 4. All assessments herein provided for shall be dus and payable within thirty days frcm the final passage and publication of this ordinance, without demand, provided that all assessments may at the election of the owners of the property assessed be paid in ten (10) equal installments, beginning .Ta 77, / ?r 3 , and payable annually on said last mentioned date thereafter, until the full smeont thereof has been paid, with interest on the unpaid principal payable semi-annually at the rate of six mar cent per annum. Section 5. Failuru 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 installment, imhether of principal or interest, wren due, shall cause the whole of the unpaid principal to become due and payable I=nediately, end the whole amount of the unpaid principal and accrued interest shall 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 prbvidedwp but at any time prior to the day of sale the c,^raer =ay pay the amount of all unpaid install- ments, with interest at one (1) per cent per month, or fraction of a month, and all penalties accrued, and shall theeeeupon be restored to the right to paw the installments in the same ner as if default had not been suffered. The owner of any property not in default as to any installments or payments may a` any time pay the whole of the unpaid principal with interest accrued to the maturity of the nest installment of interest or principal. Section 7. Payments may be made to the City Treasurer at any time within thirty (30) days 6f the final passage and publication of this ordinance and an allowance of five (5) per cent discount shell be made on all payments made during such period only. Sv.:tion 8. In case of default in the payment of aiv installment of principal and interest idien dae, 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 time and in the same manner, under all the same conditions and penalties and with the same affectsas are provided by law for sales of real estate in default of the payment of general taxes. Section 9. It shall be the av$y of the City Clerk to prepare the foregoing assessment roll in said Sanitary Sewer District No. 38 in proper form, showing in suit-ble columns each piece of real estate assessed, the total. amount of the assessment, the amcnnt of each install- ment of principal and interest, and the date when each installment 'Udll become due, with suitable columns for use in case of payment of the whole amount of of any installment or penalty, and deliver the same to the City Treasurer and thereafter payments may he rude to the City Treasurer at any time within thirty (30) days after the rassage 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 rayment, 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 unpaid, the whole amount of the assessment unpaid, the date to Hhich the some 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 date when the same will become due, with suitable columns for use in case 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 Co-mty Treasurer of Lsrimer County with his warrant for the collection of the same. 1 Section 1(r. All colle cticns made by the County Treasurer on said assessment roll in any calande:r month shall be accomted for and paid over to the City Treasurer on the first dt-y 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 Co-mty Treasurer to the City. Section 11. 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 rcl'_ in charge. Secticn 12. In the opinion of the City Council an emergency exists for the preservation of the public health, peace and safety, and this ordinance shall take effect upon its 1-assag3 and publication under and by virtue of the authority contained in Secticns 6 and 7 of Article I4 of the City Charter. Introduced, read at length and adopted by the unanimous vote of all the membera of the City Comcil this 2nd day of December, A. D. 1922. ;; i ,ioner of Safety d Ex-Officio Mayor ATTESTS City C -ik STATE OF COLORADO ) ) Ju. COUNTY OF LAR111MR ) I, A. J. ROSENOW, City Clerk of the City of Fort Collins do hereby certify and declare that the foregoing ordinance, consisting of twelve (12) sections, was duly proposed and reed at length at a regular meeting of the City Council held on the 2nd day of December, A. D. 1922, and ,n_s duly adopted and ordered published in The Fort Collins Cornier, a daily newspaper and the official newspaper of the City of Fort Collins, by the unanimous vote of all members of the Council, as an emergency ordinance, in accordance with the provisions of Sections 6 and 7 of Article IV of the City Charter; and thereafter, on towit: the — 7` -- day of December, A. D. 1922, said Ordinance No. _ was duly published in The Fort Collins Courier, a daily newspaper published in the City of Fort Collins, Colorado. IN WITNESS M ERr^.OF, I have h.reunto set my hand and affixed the seal of said City, this day of December, A. D. 1922. City Clerk