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HomeMy WebLinkAbout032 - 10/13/1928 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN JACKSON AVENUE IMPROVEMENT r - }1 ORDIN4NCE NO Vo1C/ , 1928, BEING AN EMAERGEITCY ORDInkNCE RELATING TO THE ASSESSMENT OF TFE COST OF COiTSTRUCTION OF IIaPROVUAHI TTS IN JACKSON AVEITUE INPROVE- IVIENT DISTRICT NO 30, OF THE CITY OF FORT COILINS, COLORADO , AIM PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF BE_IT ORD4INED BY THE CITY COUPTC IL OF THE CITY OF FORT COLLINS Section 1. That under and by virtue of the provisi ns of Ordinance No 27, Series of 1927 , passed and adopted on the 12th day of November , A D 1927 , Jackson Avenue Improvement District No 30 was duly created and provisions made in said Ordinance for the construction of certain improtements in said district , consisting of grading , guttering , curbing, graveling , and draining where necessary, of the street area in said district for a distance of approximauely sixty (60 ) feet between curbs , said street area to be graveled with six (6) inches of local gravel, said district comprising all the property fronting on Jackson Avenue , or abutting thereon , as follows, to-wit Blocks 6 and 9 , Scott-Sherwood Addition to the City of Fort Collins, Colorado, and also Commencing at a point 950 feet West of the Southeast corner of Section 10, Township 7 North, Range 69 West , thence West 1921 feet along section line to a point 2453 feet East of the Sou.tIviest corner of Section 10, Township 7 Forth, Range 69 West , thence North 24 degrees 15 minutes West 277 4 feet , thence East 42 feet to center of Iarimer County Canal No 2, thence North 6 degrees 30 minutes East 137 feet along center of Larimer County Canal No 2, thence North 42 degrees 40 minutes East 350 feet, thence North 3 degrees 30 minutes East 450 feet , thence North 28 degrees West 257.5 feet , all along line of Larimer County Canal No 2, thence East 1845.6 feet to a point 950 feet West of center of Shields Street and 570 feet South of center of Mountain Avenue , thence South 1363.2 feet to the place of beginning. Also including that portion of the Northeast Quarter of the Northwest Quarter and the Forthwest Quarter of the Northeast Quarter of Section 15, Township 7 Nortll , Range 69 West lying North of County Road , and on the South and West side of what is hiown as Sheldon Lake as well as said lake and the land thereunder, containing 62 7 acres, more or less , being Jackson Avenue from the South property line of West Oak Street to the North property line of Magnolia Street , in the jI I , % 1 City of Fort Collins , Colorado That the said improvements as therein provided have been duly constructed as provided by law and drily accepted by the City of Fort Collins as therein provided, that thereafter the City Engineer and the Commissioner of Works , on to-wit the 1st day of September, A. D 1928, duly reported to the City Council that the cost of construction of said improvements , including the cost of inspection, collection and other incidentals, and also including interest , is $4,823,181 that in and by said report the Commissioner of Works , pursuant to the report of the City Engineer , duly apportioned upon all the lots or tracts of land in the d-istrict improved, in proportion as the frontage of each lot or tract of land in the district is to the total of all the frontage so improved , pursuant to the provisions of Ordinance No 7, 1921 , relating to local public improvements, as amended by Ordinance No. 9, 1926, and Ordinance No. 27, 1927 , creating Jackson Avenue Improvement District No. 30, and which district is hereinafter mere particularly 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 8th day of September, A. D 192f3 , said report of the Commissioner of Works and City Engineer concerning said proposed assessment, for improvements in Jackson Avenue Improvement District No. 30 was by resolution of the City Council duly adopted for the purpose of consideration and determination at a regular meeting of the City Council to be held on the 13th day of October, A. D 1928, pursuant to a not ice 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 -2- T 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 Jackson Avenue Improvement District No 30, stating the whole cost of the improvements and the shaireapportioned 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 the City Council, at a regular meeting thereof to be held on the 13th day of October, A D. 1928 , at the hour 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 Council 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 Collins 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 publication 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 13th day of October, A D 1928, the assessing ordinance for the cost of the improvements in Jackson Avenue Improvement District No. 30 was ordered submitted for passage and adoption. Section 3. That the total cost of the improvements an Jackson Avenue Improvement District No 30 , under and by virtue of said Ordinance No 27, 1927 , of said City , including the cost of inspection, collection and interest , amounts to $4,823 189, which said sum is hereby assessed upon the real estate in said Jackson Avenue Improvement District No 30, in accordance with the provisions of Ordinance No. 7, 1921, relating to local -3- I public improvements, as amended by Ordinance No 9, 1926, and the proportion of said cost assessed to each lot or tract of land in said Jackson Avenue Improvement District No. 30 com- prising the following lots and blocks in said district , shell be as follows -4- mew- CM AND Lt3'i' KMX ADDITION pilKE9E AS RAZE O RATS ,'1 M COST MWN S Seott rwaed 1 YUO T. 1.858 1.2 37 1t6.74 `•8 23* to 6 * WYU4 T. N"h as 1.00 1.1Pd'! 7S.a7 S � 10 4 " =1oa T. nesft 35 1.828 1.207 75.37 11 219m To MMdIL w 3.$n u"T 146.74 Is d " KUWA rt t. Sou 50 1*02s 2.101 1"474 23 i " J.. Be cahm 50 1.826 5a .183 97.75 t 14 6 +kDaw G. FUU7 19"S In .128 07.70 350*14-16-16 6 * Sdi$h P. DR,tr s .] i20 08 W1009 10 4 ' saner B. R=A rwM DQ 1.838 so .288 1.107 2b3.21 11 ! MUdrod l *AnoU7 60 1.888 50 .1S@ 10207 133.21 N 13fi 13 5 V&Id"d SmAxW2 y 15 I*=$ 25 .2RB 1.101 45094 $ 359 12 0 no Q. erblasact it ! 35 1.858 Sb * g lWILO7 10TAL7 g 55* 1s 5 Bi. 0-01RObiaaou Sstater 35 1.0w 3L.I07 3.020,71, S is It 13 ! " =thsl K* Sb*f" 23 I*M 1.101 "As 14 9 =thtl nesbafeer so 10028 1.101 14A.74 1+si 4 TAU Be B200mta2l 5o 1.883 61.38 lb 4 IOU Be BZOWDAll w 1.8'$B 91.38 � Iles" 1.107 t5 s6 Gouts (Me-bslf o"t of in#ra tolo") C1 . Section 4 All assessments herein provided for shall be due and payable within thirty (30 ) days from the final passage and 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 ten (10) equal installments,. beginning '] e C. e"-r 6e)- / '�7, , 1929, and payable annually on said last mentioned date thereafter until the full amfu.nt thereof has been paid , with interest on the unpaid principal payable semi- annually at the rate of five (5%) per cent per annum Section 5 Failure to -oay 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 persms interested, whether under disability or otherwise to pay in such installments Section 6 Failure to isy 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 (1%) 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 (1fo) per cent per month or fractinn 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 any property not in default as to any installments or payments may at any time pay the wIrle of the unpaid principal with interest accrued to the maturity of the next installment of interest or principal 1 ! • Section 7 Payments may be made to the City Treasurer at any time within thirty (30 ) days of the final passage and publication of this ordinance and an allowance of five (5%) per cent discount shall be made on all payments made during such period only 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 by the County Treasurer and sold for the payment of the whole of the unpaid assessment thereon at the same time or times 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 Jackson Avenue Improvement District No 30 in proper form showing in suitable columns each Diece of real estate assessed, the total amount of the assessment the amount of each installment of principal and interest, and the date when 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 days after the passage 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 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 unpaid, the date to which the same is computed, the amount of each installment of principal and interest together with two (2yoj per cent additional thereon as collection charges of the County Treasurer and the date when the M r� same will become due, with suitable columns for use in case of the payment of any installments of penalties Said roll shall be certified by 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 Section 10 All collections made by the County Treasurer on said assessment roll in any calendar month Mall be accounted for and paid over to the City Treasurer on the f irst day of each and every month, with separate statements for all such collections for each month, in the same memner as general taxes are paid by the County 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 roll in charge Section 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 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 members of the City Council this 13th day of October, A D 1928 ommissioner o Saf an Ex-0 fi o Mayor ATTEST C�Jty Clerk STATE OF COLORADO ) } SS COUNTY OF LARII'IER ) I A J ROSENOV`l, City Clerk of the City of Fort Collins, do hereby certify and declare that the foregoing ordinance con- sisting of twelve (12 ) sections was duly proposed and read at length at a regular meeting of the City Council held on the 13th day of October, A D 1928, and was 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 day of October A D 1928, said Ordinance No 3� was duly published in the Fort Collins Exroress-Courier, a daily newspaper published in the City of Fort Collins, Colorado IN IITNESS WHEREOF, I have hereunto set my hand and affixed the seal of slid City , this L7`47hay of October A D 1928 City Clerk