HomeMy WebLinkAbout028 - 09/08/1928 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN JEFFERSON STREET IMPROVEM O'?DIIIPNCE 110 C;265' 1928,
B-=iG kN EMERGENCY ORDIITkTZE REI. TITZ TO HE ASSESSV= OF TT4E COST
OF COi STRUCTIOii OF ITTROVU ELTS IN JEF=SON STRE=T D PROVE EI�T
DISTRICT ITO 29 OF THE CITY (rr' FORT COLLETS COLO'RADO kND Pi OVIDIITG
FOR TIE P kY-h2! dT AND C OLLEC TI O11 TH EREGY,
BE IT ORDAIIM BY ThE CITY COUNC IL OF THE CITY OF FORT COLLIITS
Seaton 1 That under and by virtue of the provisions
of Ordinance Iuo 24, 1927 duly passed and adopted m the 22nd
day of October , A D 1927, Jefieeson Street Improvement District
No 29 ivas du_� created a zd provisions made in said old finance for
the c onstni ction of certaLn improveme its in said district con-
sisting of permanent paving gfading and curbs and gutters where
-necessary of the street area between curbs within said district
comprising all the prope_ty fronting on Jefferson Street or aputting
thereon from Borth College Avenue to Pine Street in the City of
Fort Collins Colorado That the mid improvements as therein
provided have been duly constructed as provided b� lavr and dull
accepted by the City of Fort Collins as therein provided that
thereafter tie City Engineer and tfie Commissioner of Works on to-
ult the 28th day of Jul_) A D 1928 duly reported to the City
Council that the cost of the construe+ion of said i iprovemen+s ,
i eluding the cost of inspection collection and other incidentals,
ana also including intevest is $6 984 05 , that in bnd by said
report the Commissioner of Works pursuant to the rep rt of the
City Engineer duly aproortioned upon all the lots or tracts of
land in the district imorov-ed, in proportion as ti-e frontage of
each lot or tract of land in the district is to the total of all
the frontage so I-proved, =saant to the provisions of Ordimnce
ITo 7 1921, +elating to local -public improvements as amended by
Ordinance No a 1926 and Ordinance No 24 1927 creating
Jefferson Street Improvement District No 29 and ohich district
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ORDMUUTICE NO.
BST+I FIG All LMERGEfdCY ORDINANCE REIATIM T=HE ASSESnKENT OF THE COST
OF CONSTRUCTION OF ILMOVEJENTS IN JEFFERSON STREET D)MOYr (TENT
DISTP,ICT 110. 29 , OF THE CITY OF FORT COLLEIS , COLORADO, ANPT PROVIDING
FOR THE PAnMNT AND COLLECTION TH FZW;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That under and by virtue of the provisicns
of Ordinance No. 24, 1927 , duly passed and adopted m the 22nd
day of October , A. D. 1927, Jefferson Street Improvement District
No. 29 was duly created and provisions made in said ordinance for
the construction of certain irprovements in said district , con-
sisting of permanent paving, grading, and curbs and gutters where
necessary, of the street area between curbs within said district ,
comprising all the property fronting on Jefferson Street , or aoutting
thereon, from North College Avenue to Pine Street , in the City of
Fort Collins, Colorado . 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 28th day of July, A. D. 1928 , duly reported to the City
Council that the cost of the construction of said i:ap rovements ,
including the cost of inspection, collection and other incidentals,
and also including interest is $6,984,05; that in bnd by said
report the Commissioner of 'Norks, pursuant to the report of the
City Engineer, duly apportioned upon all the lots or tracts of
land in the district iffm, rov-ed, in proportion as the frontage of
each lot or tract of land in the district is to the total of all
the frontage so isproved, pursuant to the provisions of Ordinance
No. 7, 1921, relating to local public improvements, as amended by
Ordinance No. 9, 1926, and Ordinance No. 24, 1927 , creating
Jefferson Street Improvement District No . 29 , and which district
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is hereinafter more particular3y described by lots and blocks ,
together with the apportionment and sate 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 assessments on each lot in said district .
Section 2. That at the regular meeting of the City
Council held on the 4th day of August, A. D. 1928, said report of
the Commissioner of Works and City Engineer concerning said pro-
posed assessment for improvements in Jefferson Street Improvement
District No . 29 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 Sth: day of September,
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 own �s of property to be assessed in Jefferson Street
Improvement District No . 29, 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 ani determined by
the City Council, at a regular meeting thereof to be held on the 8th
day of September, A. D. 1928, at the hour of eight o 'clock in the
forenoon of said day in the Cotrn it Chamtrer in the City Ball. 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
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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
8th day of September , A. D. 1928, the assessing ordinance for, the
cost of the improvements in Jefferson Street Improverent District
No. 29 was ordered submitted for passage and adoption.
Section 3. That the total cost of the i -provements in
Jefferson Street Improvement District No . 29, under and by virtue
of said Ordinance No . 24, 1927, of said City, including the cost of
inspection , collection and interest , amounts to $6,984.05, which
said sum is hereby assessed upon the real estate in said Jefferson
Street Improvement District No. 29, in accordance with the
provisions of Ordinance No. 7, 1921, relating to local pablic
improvements, as amended by Ordinance No. 9, 1926, and ttn
proportion of said cost assessed to each lot or tract of land in
said Jefferson Street Improvement District No. 29 comprising the
following lots and blocks in said district, shall be as follows:
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Lot Block Property Onzer Frouta8e Rate Cost
IU1^.4116 14 T. S. & Cora B, Austin 9.65 9.057 87.40
17 14 ?. S. & Core B. Austin 38 9,057 344.18
812,69 18 14 J. 4>. L Gore RI Austin 17.2 9*057 155.79
=2,iv 18 14 E. N, and F. B. Killer 17.2 9.057 155,79
19 14 E. W. end F. E. Killer 38 y.057 344.18
20 14 E. N. and F. B. Miller 66.45 9.057 601,67
21 la George P, & Prankl.in. C, ATery Rst. 14842 9.057 1346,09
2 6 Union Pacific R.R. Co. 50 90057 452.86
4 6 Union Pacific ?.F. Co. 50 9,057 452,86
6 6 Union Pacific R.R. Co. 50 9,057 452,86
8 6 Union. Pacific 1".R. Ca, SO 9,057 452.86
10 6 Union Pacific R.R. Co. 50 9.057 452,86
12 6 Union Pacific R.R. Go, 50 9,057 452,86
14 6 Union Pacific R,R, Co. 50 9,057 452.86
16 a inion Pacific P.P. Cc, 50 9.057 452,86
Vacated portion of
Spruce St. between
Bloci.c 4 and G Union Pacific R.R. Co. 36 9,057 326,07
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 twenty (20 ) equal installments, beginning
192 L and payable annually on
said last mentioned slat e thereafter , unt it the full amount thereof
has been paid , with interest on the unpaid principal payable semi-
annually at the rate of four and three.-quarters (4-3/40) per cent
per annum.
Section 5. Failure 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 inter-
ested, whether under disability or otherwise , to pay in such
installment s.
Section 6. Failure to gay 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 princ ipal 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
(lo) per cent per month, or fraction 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 majr at any time pay the whole of the unpaid principal with
interest accrued to the maturity of the next installment of interest
or principal.
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Section 7. Payments my 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 thFr•eon ; at the same time or times
and in the same nanner , under all the same conditions and penaltied,
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 d-ty of the City Clerk to
prepare the foregoing assessment rolt in said Jefferson Street
Improvement District No. 29 in roper form snowing in s itable
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 installment will become due, with suitable
columns for use it 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 wit-in 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 nde 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
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assessment in unpaid, the date to which the same 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 County Treasurer of Ia rimer 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 assesament u;on producing
evidence of the extent of his interest- satisfactory to the officers
having-the roll in charge.
Section 12. In the opinion of t he City Couneil 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 v±rtue of the au thority 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 Counc it this 8th day of
September , A. D. 1928.
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Commissioner of Saf and Ex� ficio Mayor .
ATTEST ;
City Clerk.
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STATE OF COLORADO )
SS.
COUNTY OF LAM,= )
I, A. J. ROSENOW, City Clerk of the City of Fort
Collins, do hereby certif7 and declare that the foregoing
ordinance consisting of twelve (12) sections was duly proposed
and read at length at a regular meeting of the City Council
held on the 8th day of September, 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 -orovisions of Secticns 6 and 7 of Article IY of the
City Charter of the �City of Fort Collins, and thereafter and
on to-wit : the day of September , A. D. 1928, said
Ordinance No. .9g was duly published in the Fort Collins
Express-Courier, a daily newspaper published in the City of
Fort Collins, Colorado.
IN 71TITESS WFEREOF, I have hereunto set my hand and
affixed the seal of said City this L P ay of September, A. D.
1928.
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