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HomeMy WebLinkAbout027 - 09/08/1928 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN WEST OLIVE STREET IMPROVEM ORDINANCE 110. _ 7 , 1926, BEI11G AN EN RGENCY GRDIIIANCE RELATING TO H SS:'SSMMT OF THE COST OF CONSTRUCTION OF II4d'ROVEtENTS IN WEST OLIVE STREET IPdPROVE[TENT DISTRICT I1O. 21. OF THE CITY OF FORT COLLINS, COLORADO , JUD PROVIDING FOR THE PAMIEI:T All COLLECTICI' 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. 25, 1927, duly passed and adopted ci the 29th day of October , A. D. 1927, West Olive Street Improvement District No. 21 was duly created and provisions made in said ordinance for the construction of certain improvements in said district, con- sisting of grading, pap'ing, guttering, curbing, and drainage where necessarjr, of the street area in said district , between curbs , comprising all the property fronting on West Olive Street, or abutting thereon, to-wit: Blocks 112 and 113, in the City of Fort Collins, Colorado, being West Olive Street from the west property line of South College Avenue and extending West to the West property line of Mason 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 EBth day of July; , D. 1928, duly reported to the City Council that the cost of the construction of said improve- ments, including the cost of inspection, collection and other incidentals, and also including interest , is $1I,20O.13; 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 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, A lating to local public improvements, as -1- ' P 1 amended by Ordinance No . 9, 1926, and Ordinance No. 25, 1927, creating West Olive Street Improvement District No . 21, and which district is hereinafter more particularly described by lots and blocks , together with the ap;ortionment and rate per front foot, the said findings and report of the Commissioner of ,'lorks 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 assessments for improvements in West Olive Street Improvement District No. 21 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 owners of property to be assessed in West Olive Street Improvement District No. 21, stating the whole cost of the improvements and the share apportioned to each lot or tract of land in said district, and notifying the wners thereof that any complair_ts 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 8th day of September, A. D. 1928 , at the hour of eight oTclock in the forenoon of said day in the Council Chamber in the City Hall in said City; t'_aat 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 -2- " e said resolution the City Clerk caused to be published said notice in the Fort Collins Express-Cimrier, 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 m the 8th day of September , A. D. 1928 , the assessing ordinance for the cost of the improvements in West Olive Street Improvement District No. 21 was ordered submitted for passage and adoption. Section 3. That the total cost of the improvements in West Olive Street Improvement District No. 21, under and by virtue of said Ordinance No. 25, 1927, of said City, including the cost of inspection, collection and interest , amounts to $l1,200 .13 , which said sum is hereby assessed upon the real estate in said West Olive Street Improvement District IIo. 21, in accordance with the provisions of Ordinance No . 7, 1921, relating to local public improvements , as amended by Ordinance No. 9, 1.926, and the proportion of said cost assessed to each lot or tract of land in said West Olive Street Improvement District No . 21 comprising the following lots and blocks in said district , shall be as follows : -3- MTIM- CURB LOT BLOCK PROPEMY OAR FMNTA.GE RITE BECTIO27 RASES PMNT RATS GQtt** CMCDIT COST 296#8 113 Ceatiawtal Oil Company, a Corp. Of State of 'Ga1Yse 80 10.9177 80 .5459 79.20 837.89 'oftl'8 113 Coutinwital + it Cora.2arrJ 50 10.9177 5U .5 m? 459 19,00 55338 N6018 L13 Carl A, Info .ln 6G 1C,0177 00 .5459 . 82 R10019 113 L. W. 100 10.2177 100 .0,411. 100 .545E 1l30.47 C190'9 113 W. T. MWAMO11 90 10,91v7 140 .eiin 90 .5459 1149.47 10 1137. T. IIp1111 50 .8411. 42.06 23 1130111 L13 11. T. 3011well. z .a4n 16.82 S20'11 323 L. W. Velah 50 .6411 16.82 w 12 113 L. we : 3 .E3411 40059 1 112 COXVII30 Zloarwr Edema 190 10.2177 1d© .5459 3?.54 214�6:1gF' .Lofi?t4?-k'24 112 Btith A. Pegg 11.895 11� .9177 _I1.875' .3411 11.875 .5459 ofi47 -•24 lit Jesephiae Barrie 10.91"17 Il.�y3 .8411 11.875 .5459 148.12 f ?4'24 112 V'erma Bighten�tle .75 10.9177 2is.78 .8411 .75 .5459 292,25 1795,48 W1 '' '24 112 J. J. ft n 142.5 10.91 7 192.50 .e4ll 142.5 -5459 wWl 2- '23 112 J. J. 1 n 50 .8411 42,06 P1142 '22 112 J. J . Baiaaan .8+113 42,06 21 112 J. v. 3auman SO .8411 42.06 1 102 Etta Walter 840 .8411 201.86 S3012 102 Etta Welter 30 .8411 25,23 or-aiz zionors of Lari'mr, Colmty a 0 .84L1 16.82 2t20'2 102 Board of Goua.tg 3 102 Board of cwmty o msiss torero of Tarimr �ouraty 50 .8411 42•� 4 102 Board ct Gounty Ccwalssior ers of Lorimer County w .8411 42.06 no-1f3•U8 103 Orpha B. Dailey 4>3 0=3 .8411 53,27 SR3*SO 2M Chazltte and �.olphus Hawkinmm $3.3s3 .84n 137.38 9WA 1033 Charles and .ary Nuy r�sttmn 163.:,33 .8411 6 103 Orpha Bailey 50 .6411 42.06 5 103 John Shaffer Jr. 50 .8411 42.06 One-half intersection *out to City of Fort Collins, a 'tmicipal oovernmekst Ctrpor3tion 1312.14 Section 4. All assessments herein provided for shall be due and payable within thirty (30) days from the f inal passage and publication of this ordinance, without demand, provided trat all assessments may at the election of the owners of the property to be assessed be paid in twenty (20) equal installments, beginning 06 e /) e )� A54�' , 1929 , and payable annually on said last mentioned date thereafter, until the full amount thereof has been paid, with interest aDn the unpaid principal payable semi- annually at the rate of four and three-quarters (4-3/4j) per cent per annum. Section 5. Failure to -,ay 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 installments. Section 6. Failure to pay any installments, whether of principal or interest, Yhen 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 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 pr o_,erty not in default as to any installments or payments may at any time pay the wYnle of the unpaid principal with interest accrued to the maturity of the next installment of interest or principal. i r r 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 ( 50) 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 West ®live Street Improvement District No . 21 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 installment will become -dueq with suitable columns for use in case of payment of thA 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 thereu,,on the City Clerk shall prepare a permanent local assessment roll in bock form, showing in suit ,ble 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 1 r n with two (2j) per cent additional thereon as colleeticn 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 Larimer 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 nanner 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 sha_ a of any assessment upon producing evidence of the extent of his interest satisfactory to the offiwers having the roll in charge . Section 12. In the opinldn 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 passcge 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 8th day of September, A. D. 1928. Co ssioner of Saf and Ex- f cio Mayor ATTEST : 0 City Clerk. STATE OF GOIARADO ) } SS. COUNTY OF LARIaR ) I, A. J. ROSMOW, 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 read at length at a regular meeting of the City Council held on the 8th day of September, A. D. 1928, add 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, 1 'r day of September , A. D. 1928, said Ordinance No. g7 was duly published in the Fort Collins Express-Courier, a daily newspaper published in the City of Fort Collins, Colorado, IN WITNESS 'dH REOF, I have hereunto set my hand and affixed the seal of said City this day of September, A. D. 1928. City Clerk.