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HomeMy WebLinkAbout004 - 02/18/1928 - RELATING TO THE ASSESSMENT OF THE COST OF MAKING INSTALLATION OF SEWER LINES AND WATER MAINS IN NORT ORDINANCE NO 1928, BEING AN EMERGENCY ORDINANCE RELATING TO T E ASSESSMENT OF THE COST OF MAKING INSTALLATION OF SEWER LINES AND WATER MAINS IN NORTH COLLEGE AVENUE LJIPROVEMENT DISTRICT NO 23, IN THE CITY OF FORT COLLINS, AND PROVIDIBG FOR THE PAYMENT AND COLLECTION THEREOF BE IT ORDAINED BY THL CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That under and by virtue of resolutions of the City Council of the City of Fort Collins duly passed and adopted on the 20th day of March, A D 1926 and on the 19th day of February, A D. 1927, authorizing the City Engineer to make map, plans and specifications and estimate of the cost of the construction of the improvements in North College Avenue Improvement District No 23, and directing, author- izing and empowering the City Engineer to provide in the plans and specifications and the requirements in connection therewith, for the permanent installation and connection of gas, water and sewer pipes within the boundaries of said district, as well as installation of sewer lines and water mains, where necessary, in said district, and give notice to the property owners under the statute, and WHEREAS, Pursuant to the provisions of said resolutions the City Engineer did on the 19th day of February, 1927, give due notice to the property owners, and after the expiration of thirty days from the mailing of said notices to each and every property owner, the Works Department of the City of Fort Collins caused the connections to be made as shown in the list of assessments hereinafter set forth in this ordinance Section 2 And whereas, thereafter the City Engineer duly reported to the City Council on the 14th day of January, A D 1928, a list of the property owners, together with the lots which have been connected with water and sewer mains, under said notice, under the direct authority of the Works Department of the said City of Fort Collins, and the actual cost of the installation and connection of sewer and water mains within the boundaries of North College Avenue Improvement -1- District No 23, in accordance with the resolutions of March 20, 1926 and of February 19, 1927, and WHEREAS, Pursuant to the terms of the said resolution of the City Council duly adopted on the 14th day of January, A D 1928, under the authority contained in Section 5399 of the Revised Statutes of 1908, the City Clerk was directed and authorized to give notice in the official newspaper of the City of Fort Collins, and include in the said notice a list of the property owners and the lots and blocks owned by them, giving the total amount of the cost of each connection as set forth in the report of the City Engineer, together with the cost of making the assessment, including the cost of pub- lication, and to the further effect that the said improvements having been completed and accepted as specified in the report of the City Engineer and the share of cost apportioned to each property owner, or tract of land, and that any complaints or objections that may be made in writing by any owner to the City Council and filed in the office of the City Clerk within thirty (30) days from the publication of said notice, would be heard and determined by the City Council at a regular meeting of the City Council to be held on the 18th day of February, A D 1928, at the hour of eight o'clock in the fore- noon, at which time the Council would consider and determine said assessment roll and an ordinance assessing the cost of said installa- tions to the property owners and the lots owned by them, as required by law, and WHEREAS, The City Clerk reported that due proof of publication has been filed and no complaints or objections have been made to said assessment by any owner in writing, as required by said notice Section 3 That the total cost for the installation of said connections under and by virtue of said resolution and notice, in- cluding the Cost of installation, collection and interest to the -2- first day of March, 1928, is $133 ll, which said sum is hereby assessed upon the respective parcels of real estate in said North College Avenue Improvement District No 23, and the owners thereof, in accordance with the schedule of assessments reported by the City Engineer, and in accordance with the provisions of the resolutions of March 20, 1926 and February 19, 1927, as follows NORTH COLLEGE AVENUE IMPROVEMENT DISTRICT NO 23 DESCRIPTION PROPERTY OWNER ITEMIZED BILL WATER SERVICE N 401 Lot 8, Block 4 Ernest S McPherson and Delbert J Marsh Water tap 5 00 701 -3/4" pipe 19 60 Gooseneck 3 00 Curb cock 1 60 Curb box 2 25 701 -51 excavationlO 50 Tr 95 Int June 71, 127- Yar 1, 128 1 78 Eng & Publica- tion 21 00 Total cost SEWER SERVICE N 401 Lot 8, Block 4 Ernest S. McPherson and Delbert J Marsh Sewer tap 5 00 70►-4" the 10 50 70►-121excavation30 10 Int June 7, 127- Mar 1, 128 1 78 Eng & Publica- tion 21 00 Total cost 68 Section 4 The assessments herein made in Section 3 shall be due and payable within thirty (30) days from the final passage and publication of this ordinance, without demand, provided that the same may be paid in two (2 ) equal annual installments beginning April 1, 1928, the second installment being due and payable April 1, 1929, with interest on the deferred installments at the rate of six per cent per annum, payable semi-annually until paid. Section 5 Failure to pay the whole of the assessment within -3- i ` } > ; r� 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, 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 un- paid 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 Section 7 It shall be the duty of the City Clerk to prepare the foregoing assessment roll in said North College Avenue Improvement District No 23 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 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 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 whole amount of the assessment unpaid, the date to which the same is computed, the amount of each installment of principal and interest, and if certified to the County Treasurer , the County Treasurer is hereby authorized to add to the said assessment two (2%) per cent as his collection charges Said roll shall be certified by the City Clerk under the seal of the city, and by him delivered to the County -4- • 6 y 4 '*\ 4 Treasurer of Larimer County with his warrant for the collection of the same Section 8 All collections made by the County Treasurer on said assessment roll in any calendar month shall be accounted for end paid over to the City Treasurer on or before the first day of the next succeeding calendar month, with separate statements for all such collections for each month Section 9 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 ld In case of default in the payment of any in- stallment of principal and interest when due, any and all property con- cerning 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 11 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 18th day of February, A D 1928 ommissioner of Saf.65rr an Ex-?lc o Mayo ATTEST _,,,W City Clerk -5- 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 eleven ( 11) sections, was duly proposed and read at length at a regular meeting of the City Council held on the 18th day of February, 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 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 to-wit the 21st day of February, A D 1928, said Ordinance No 4 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 21st day of February, A D 1928 "M City Clerk