HomeMy WebLinkAbout031 - 10/06/1928 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN JACKSON AVENUE IMPROVEMENT � _ 4
ORDINANCE NO tV , 19289
BEING AN EMERGENCY ORDINANCE RELATING TO THE ASSESSMENT OF THE COST
OF CONSTRUCTION OF IMPROVEMENTS IN JACKSON AVENUE IMPROVEXENr
DISTRICT NO 31, OF THE CITY OF FORT COLLINS COLORAD09 AND PROVIDING
FOR THE PA)!MENT AND COLLECTION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS
Section 1 That under and by virtue of the provisions of
Ordinance No 8, Series of 1928, passed and adopted on the loth
day of Yarch, A D 1928, Jackson Avenue Improvement District
No 31 was duly created and provisions made in said ordinance for
the construction of certain improvements nn said district consisting
of grading, guttering , curbing, graveling, and draining where
necessary, of the street area in said district, comprising all
the property fronting on Jackson Avenue, or abutting thereon, as
follows to-wit Blocks 2 and 3, Scott-Sherwood Addition to the
City of Fort Collins, Colorado , being Jackson Avenue from the
South property line of West Mountain Avenge to the North property
line of West Oak Street That the said improvements as therein
provided have been 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
to-wit the 25th day of August , A D 192a, duly reported to the
City Council that the cost of the construction of said improvements
including the cost of inspection, collection and other incidektals
and also including interest, is $1,732 65, that in and by said
report the Commissioner of Works, -ou.rsaant to the report of the
City Engineer , duly apportioned upon all the lots or tracts of
land in the district 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 8, 1928, creating Jackson
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Avenue Improvement District No 31, and which district is herein-
after more particularly descrioed 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 1st day of September , A D 1928, said report of the
Commissioner of Works and City Engineer concerning said proposed
assessment for improvements in Jackson Avenue Improvement District
No 31 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 6th daffy of October , A D 1928,
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 (10) days , addressed to the owners of
property to be assessed in Jackson Avenue Improvement District
No 31, stating the whole cost of the improvements 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 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 6th day of October,
A D 1928, at the hour of eight o 'clock in the forenoon of said
day in the Council Chamber nn 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 oe published said notice in the Fort Collins
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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 publlication bas beeh`du7,y 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 6th day of October ,
A D 1928, the assessing ordinance for the cost of the improvements
in Jackson Avenue Improvement District No 31 was ordered submitted
for passage and adoption
Section 3 That the total cost of the improvements in
Jackson Avenue Improvement District No 31, under and by virtue of
said Ordinance No 8, 1928, of said City , including the cost of
inspection, collection and interest, amounts to $1,732 65, which
said sum is hereby assessed upon the real estate in said Jackson
Avenue Improvement District No 31, in accordance with the pro-
visions of Ordinance No 7, 1921, relating to local public improve-
ments, 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 31 comprising the following lots
and blocks in said district, shall be as follows
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IDT MACK ADDITIM !BOMM owma ?BDtrAOR NA22 Z9Z=- DATE CO2T TVIAL
Sn3'F7A�t I!M COST
n40v8 2 soott-Sherwmd TOXU" I°+. }der 140 2.00 140 .066
f384* 8 a " * FAth A. :�jntsr 50 200" 50 .066 106.63
9 8 0• s.. a rmbxldti 100 2.0" 190 .066 406.28
1 s " " �. A. Demlay 190 2.066 i40 .0" 405.18
22 6 • • Capitol We lusuramse ccawmy 190 200" in 0066 .59 IU498 617.10
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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
lVo Y e J77 6e 1-- 1%5 0 , 192 8 , and payable annually on said
last mentioned date thereafter, until the full amount 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 pay the whole of the assessment
whthin the said period of thirty (30 ) days shall be conclusively
considered and )ield 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 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 (1%) per cent per month,
or fraction, of a month, and all penalties accrued, and shall there-
upon 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 nay at
any time pay the whole of the unpaid principal with interest
accrued to the maturity of the next installment of interest or
principal.
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
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shall be made on all payments nade 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 Bold 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 31 in proper form showing in suitable
columns each piece of real estate assessed, the total amount of
the assessment, the amount of each installment of principal and
interest , and the date when each inst allment vdll b ecome 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 (30 ) 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 uvon 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 (2%) per went 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
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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 shall be accounted
for and paid over to the City Treasurer on the first day 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 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 membets of the City Council this 6th day of October,
A D 19281
omm ssioner -6f Safety -0 f1 o Mayor
ATTEST
i y Clerk
M
STATE OF COLORADO )
SS
COUNTY OF LARIMER )
I, A J ROSENOW, 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 6th
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
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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 &/ was duly published in the Fort Collins
Express-Courier, a. daily newspaper published in the City of Fort
Collins Colorado
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of said City this day of October, A D 1928
City Clerk