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HomeMy WebLinkAbout003 - 02/11/1928 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN COMBINED ALLEY IMPROVEMENT t ORDINANCE NO J 11928 BEING AN EMERGENCY ORDINANCE RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN COMBITED ALLEY IMPROV=IENT DISTRICT NO 9 OF THE CITY OF FORT COLLINS, COLORADO, AND PROVIDING FOR THE PAY1VMT AND COLLECTION THEREOF BE IT ORDAINED BY TIM CITY COUNCIL OF TITS CIT1 OF FORT COLLINS Section 1 That under and by virtue of the provisions of Ordinance No 14 , 1927, duly passed and adopted on the 18th day of June , A D 1927, Combined Alley Improvement District Nol 9 was duly created and provisions made in said ordinance for the construction of certain improvements in said district , consisting of grading, paving and draining where necessary, of the alley in said district , compris- ing all the property fronting on said Combined Alley Improvement District or abutting thereon , from Oak Street to Olive Street through Block 112 in the City of fort Collins , Colorado That the said im- provements as therein provided have been duly constructed as provided by law and duly accepted by the City of Fort Collins as therein pro- vided , that thereafter the CityEngineer and the Commissioner of Works, on to-wit the 31st day of December, A D 1927 , duly reported to the City Council that the cost of construction of said improvements , in- cluding the cost of inspection, collection and other incidentals, and also including interest , is $2,912 49 , 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 so improved in the district is to the total of all the frontage/ pursuant to the provisions of Ordinance No 7 ,1921 relating to local public improve- ments , as amended by Ordinance No 9 1926 and Ordinance No 1,4,1927 , creating Combined Alley Improvement District No 9 , and which district is hereinafter more particularly described by lots and blocks , to- gether 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 pro- posed assessment on each lot in said district 5 -- 2 -- Section 2. 'hat at the regular meeting of the City Council held on the 7th day of January A D. 1928, said report of the Commissioner of Works and City Engineer concerning said proposed assessment for improvements in Combined Alley Improvement District No. 9 was by re- solution of the City council duly adopted for the purpose of considera- tion and determination at a regular meeting of the City Council to be held on the llth day of February, A. D. 1928, pursuant to a notice of the City 6lerk as provided by law, that in and by said resolution the City dlerk 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 Combined Alley Improvement District No. 9 , stating the whole cost of the improvements and the share apportioned to each lbt 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 meet- ing thereof, to be held on the llth day of February, 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 llth day of February, A D. 1928 , the assessing ordinance for the cost of the improvements in Combined Alley Improvement District No. 9 was ordered submitted for passage and adoption. -- 3 -- Section 3 That the total cost of the improvements in Combined Alley Improvement District No 9 , udder and by virtue of said Ordinance No 14, 1927, of said City, including the cost of inspection, collection and interest , amounts to $20912 49 , which said sum is hereby assessed upon the real estate in said Combined Alley Improvement District No 9 , in accordance with the protrisions of Ordinance No 7 , 1921 , relating to local 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 Combined Alley Improvement District No 9 comprising the following lots and blocks in said dis- trict , shall be as follows -- 4 -- Section 4 All assessments herein provided for shall be due ana payable within thirty (30) days from the final passage and publi- cation 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 61 , and payable annually on said last mentione�e thereafter, ' until the full amount thereof has been paid , with interest on the un- paid principal payable semi-annually at the rate of four and three- quarters (4-j%) per cent per annum Section 5 Failure to paj the whole of the assessment within the said ueriod 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 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 heieinafter 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 property not in default as to any installments or payments may 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 shall be made on all payments made during such period only Section 8 In case of default in the payment of any install- rh FMAL ASSF,SSNOT ROLL 00 ,AuLmEy neRoVEENTA#9 LOT BLa PROF OMM FRO MOB DATE COST 1 :LU Ov=liue Mmanor pants 8o 3*WS 91002 2 US Caroline RUanor Matz 25 30"06 9LO2 3 11.2 Caroline Blebzgr Santa 85 306406 91402 4 112 Caroline Eiesaor Matz 25 3.6406 91002 3 118 Caroline laeenor thnta 20 344400 91.00 6 3.12 0arcjliu$ Bleanor Mentz 25 3,644 91.02 7 313 B. P. Iiat�tel 25 ac � � 93�►R�3 8 us B. F. Hottel so �3�yy.(6��/0��9d 0y�i..!11, 9 112 $. vo HDttO 28 5004" 91..�� 10 112 B F. Roftel 25 3Q4,4�y06 $ 1f 112 S. F Hottel. 95 50,6400 9 . l W W12 W A. F. 90#91 25 3.606 91401 W s0113 UZ R. E. TrJoble 28 0*6406 OU 1 W 30*14 319 R. L. Trimble 25 3. ' 0 6 91.0'1 W 30,15 U2 R, B. Trimble 25 3.6406 93,41 W 30116 l R. S. Trimble 25 3.608 91.r 3. R 15#17 1I.2 Thomas F. and A4droW W Adams 50 3416406 1�.43 395118 UR Thomas F. and Andrew Wa Adams 50 54406 3SB*03 Motor HISf19 M Thomas F. and Audrey° W Adam$ �� �i�$e606 145*63 19 112 Charles We e� 4 3.6 tt3��d��.,,,d���1rrr��� 20 lu x. H, Eglsingor $0 3.W-"06 U2.0 21 112 d. X q BsLvx It b S.8406 S60 0 o! F4*e 22 12 Verna Nf Bauman 0uM19 4 3.6�Otl MOW ��B4 i 23 112 Verna =d Atengale SO 3OW6 H47*1 WZI/ 112 VevMa Nightengale 150 3.8408 U0003 B -- 5 -- ment of principal and interest when due any and all property concern- ing which such default is suffered shall be advertised by the County Treasurer and sold for the payment of the whole of the unpaid assess- ment 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 ('lerk to prepare the foregoing assessment roll in said Combined Alley Improvement Dis- trict No 9 , 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 CityTv-easuxer 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 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 (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 glerk 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 16 All collections made by the County Treasurer on said assessment roll in any calendar month shall be accounted for and i paid over to the City Treasurer on the first day of each and every month, with separate statements for all such collections for each montn, 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 members of the City Council this day of A.D 1928. cojhmissloner of 6 of ana h x- ficio PZayor. ATTEST >/�1 0 O'�-�� r y Ulerk 1 _- 7 STATE (F COLORADO ) SS. COUNTY OF LA'S MER ) I, A T. ROSENOW, 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 theday of� A D 1928 , and was duly adopted and orderea 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 membem of the City Council, as an emergency ordinance in accordance with the provisions of Sections 6 and 7 of Article IV of the City 6harter of the City of Fort Collins, and thereafter and on to-wit themeZVI day of , A D 1928, said Ordinance No. 3 was duly published in the Fort Collins Express-Courier, a daily newspaper published in the City of Fort Collins, Colorado IN M TNESS WHEDR70F, Ihave hereunto set my hand and affixed the seal of said City this 4y day of �1 ,A D.1928. City Ulerk 0