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HomeMy WebLinkAbout002 - 02/11/1928 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN EDWARDS STREET IMPROVEMENT T f ' ORDINANCE NO. ,1928 BEING AN EPdILRGENCY ORDINANCE RELATING TO TIE ASSES,%1ENT OF THE COST OF CONSTRUCTION OF IMTROVEMENTS IN EDWARDS STREET I10ROV 2,221T DISTRICT NO. 272 OF TIE CITY OF FORT COLLINS, COLORADO , AND PROVIDING FOR TIE PAY:.= AID COLLECTION THEREOF. BE IT ORDAINED BY THE, CITY COUNCIL OF TLE CITY OF FORT COLLINS: Section 1. That under and by virtue of the provisions of Iq2�, Ordinance No. 17 ,1duly passed and adopted on the 16th day of August , A. D. 1927 , Edwards Street Improvement District No. 27 , was duly created and provisions made in said ordinance for the construction of certain improvements in said district , consisting of grading, gutter- ing, curbing, graveling, and draining; where necessary , of the street area in said district , comprising all the property fronting on Edwards Street , or abutting thereon, from the east property line of College Avenue East to the City limits at the end of Edwards 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 31st day of December , A.D. 1927 , duly reported to the City Council that the cost of construction of said improvements , including the cost of in- spection , collection and other incidentals , and also including in- terest , is $16 ,163.67 ; 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 pro- portion as the frontag w of each lot or tract of land in the dis- trict is to the total of all the frontage pursuant to the provisions of Ordinance No. 7 , 1921 , relating to local public improvements , as amended by Ordinance No. 9 , 1926 , and Ordinance No.17 , 1927 , creating Edwards Street Improvement District No. 27 , and which district , is hereinafter more particularly described by lots and blocks , together with the apportionment and rate per front foot , the said findings and report of the Commissioner of TTorks and the City Engineer being in - 2 -- 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 a , ,�� /9 8 held on the day of , , A.D. -kgPE9 , said report of the Cosmiissioner of Vvorks and City Engineer concerning said proposed assessment for improvements in Edwards Street Improvement District No. 27 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 llth day of February, 1926, pur- suant to a notice of the City Clerk as provided by law; tY:.at 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 Edwards Street Improvement District No. 27 , 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 writ- ing 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 de- termined by the City Council , at a regular meeting 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 meetinn- of the City Council held on the llth day of February, A. D. 1926, the assessing ordinance for the cost of the improvements in Edwards Street Improvement District No. 27 was ordered submitted 1 -- 3 for passage and adoption. Section 3. That the total cost of the improvements in Edwards Street Improvement District No. 27 , under and by virtue of said Ordinance No. 17 , 1927 , of said City, including the cost of inspection, collection and interest , amounts to $16 ,163.67 , which said sum is hereby assessed upon the real estate in said Edwards Street Improvement District No. 27 , in accordance with the provi- sions 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 Edwards Street Improvement District No. 27 comprising the following lots and blocks in said district , shall be as follows : FINAL ASSESSb'= ROLL FOR EDWARDS STREET MPIAVEMT DISTRICT #27 ORAFPS RE- UB-DIVISION OF UKE PARK ADDITION LOT BLACK PROPERTY OMIM,R FROMeAGE RATE INTERSECTION RATE ALLEf RATE COST 4 7 .Alice S. Kilburn 50 .3066 15,33 7 7 Addis M. Binford 50 .3066 15,33 8 7 Addie I, Binford 140 21825 190 .::OBE 140 .148 482.83 9 7 Sarah Lindsey Schmidt 140 2.835 140 .148 424.58 7 8 H. J. Wilson 50 .3066 15,33 $ 8 Beulah A. Mcllone 50 '-Me 15,33 8 Ralph Willis 50 .3066 15,33 10 8 Fannie Jane Randall 50 .3086 15,33 11 8 Fannie Jane Randall 140 z.835 190 .W 66 140 .148 482,83 12 8 Floy Wagner 140 2,885 190 .3065 140 .148 482,83 11 9 Robert W. Clark 50 20685 190 13066 202,48 12 9 V. J. Jernigga 50 2,885 50 .3066 159,56 13 9 Seymour A. Van Sickle 50 W,895 50 .3066 159.56 14 9 Sarah Margaret Signor 50 M.835 50 .3066 159.56 15 9 Brown Thompson 50 2008Z 50 .3060 159,56 16 9 Lewis E. Martin or Nara D. AA3artin durir their lifetime, then to Oran Avery Grayball Jr. and Warren Alton Groall 50 21885 50 13066 159.56 W -5'17 9 Lewis E. Martin or Nora D. Martin during their lifetime , then to Oran Avery Grayball Jr. and Warren Alton Grayball 5 2.865 5 .3066 15,96 E 45117 9 !dary E. Farrington 45 2,835 45 .3066 143.62 18 9 Dora M. Cathey 50 2,885 50 .3086 159,56 19 9 Marian L, and Ruby E. -�Ienedict 50 21885 50 .3066 159.56 20 9 H. I. Garbutt Estate 50 2, 85 190 .5066 202.48 11 10 I�yda Burres 40 2,885 180 .3066 170,57 12 10 V. J. Jernigen 40 2,895 40 .3065 127,65 13 10 Agree, of sale, Carl R. Moods to J. W. Hoog 40 2,386 40 .3066 127,65 14 10 Anna C. Gleason 40 2,685 40 .3066 127,65 15 10 Elizabeth Roberts 40 2,885 40 .3066 127,65 16 10 L. 0. Trower 4C 2.8335 40 .3066 127,65 17 10 L. 0. Trower 40 2,BB5 40 .3066 127,65 is 10 Fred T. Griffith 40 2,035 40 .3066 127,65 w 3- 19 10 Fred T. Griffith 90 2,885 20 .3066 63183 E 119 10 Julia J. Larsen 20 2,865 :D .3066 63,83 20 10 Julia J. Larsen 40 2,885 160 13066 170,57 Sheet 8 Edwards #27 LOT BLACK PROPERTY OWMM FRONTAGE RATE INTERSECTIOtt RATE. ALLEY' RAT u COST 11. 11 S. U. and Emma Hutsell 40 2.e85 180 .3066 170.57 12 32 tvTtie C. Thorne 40 2.885 40 . M 127,65 13 11 Myrtie C. Thom 40 208PA 40 .:3066 127.65 14 3.1 Guy and Annettie McKinney A_0 21685 40 .: tJ6C 127,65 11 P. H. wid Laura Rinehart +1'J 2. 5 40 .5066 129.65 11 P. H. and Nary Kincaid 40 2.8w 40 .3066 127,65 17 11 T. T. Bauman 46 2.e85 40 .3e66 127,65 is 12. lane Worthing 40 218M 40 ,15>66 129,65 z19 11 Earnest A. and Helen H. Anderson 40 20865 40 .3066 127,65 sNO 11 H. C. Bradley 40 2.885 180 .; 0'36 170.57 6 12 A. W. Little 44 ".885 lES4 Oft 183.32 7 12 Mary E. Scott 4r: ¢.885 44 .3066 140.41 8 12 State Board of Agriculture, A public --orporation, of the State of Colorado 44 12,80.3 22 13066 133.66 9 12 State Board of Agriculture, A public corporation of the State of Colorado 44 :',03 ,_ 12k4.9? 10 12 State Board of Agriculture, A public corporation of the State of Colorado 44 2.Ec€�5 126.92 1 13 T. H. Holsinger 44 2.G85 126.92 2` 13 T. 11. Holsinger 44 2.685 126.92 3 13 W. F. Mullin 44 20085 22 .3066 135AG 4 13 101ayne Thorne 44 2.685 44 .3066 140.41 5 13 Laura A. Taylor 44 2.9a5 1.94 *3066 1e3.3?. 1 14 Lt. E. Scheidt 40 2.885 180 .3066 170,59 N 14 Homer P. Vlilliwfr Estate 40 2.885 40 .3066 127.65 _ 3 14 Homer P. Williams Estate 40 2,eZ5 40 03066 127.65 .4 14 Honer P. Williams Estate 4D 2,885 4C .3066 127.65 5 14 Homer P, Williams Estate 40 f1*eq5 do .3066 127.65 6 14 Charlie G. Bickerdike 40 Z*Z%d 40 .3066 127.6E 7 14 Margarst V. Donaldson 40 2,885 40 .3066 127.65 $ 14 rude Scott 20FL135 40 $ 066 127,05 9 14 Tames Walker 40 2.g:135 4U .3066 127.65 10 14 A. W. Smith 40 2.105 180- .3066 170.57 1 15 Dart B. Billings 40 2,885 180 13006 170,57 2 15 Bert B. Billings 40 2„885 40 13066 127.65 3 15 I . R. Price 40 2,885 40 13066 127,65 ' 4 15 Stephen L. Martin 40 2.835 40 .3066 127.65 Sheet 3 Edwards ,47'27 LOT BLACK PROPERTY GIMER FRONTAGE RATE INTERSECTION RATE ALLEY RATE COST 5 15 Frank Landon 2.865 40 .3066 127.65 6 15 Frank Landon 2.885 40 .3066 127.65 7 15 Angelo D. and Stella 11. Varra 40 2.885 40 .3066 127.65 8 15 A. H. Crosby 40 2.885 40 .3066 127.65 3 15 Jane northing 40 2.885 4D .OD66 127.65 vA 15 Tans northing 40 2.885 180 .3066 170.57 1 16 Aaron A. 1111cDougall 50 2.885 190 .3066 202.48 2 16 ;,%ry E. Shoffner 50 2.885 50 .3066 159.56 3 16 A. W. Morrish 50 2.885 50 05066 159.56 4 16 A. n. Morrish 50 2.885 50 .3O66 159.56 5 16 A. W. Morrish 50 2.885 50 05066 159.56 6 16 A. W. Morrish 50 2.885 50 03066 159.56 7 16 Henry C. .'axon 50 2.885 50 $3066 159.56 8 16 Ellen Scheidt 50 2.885 50 .3066 159.56 9 16 1samie Potts 50 2.885 50 .3066 159.56 10 16 Elizabeth E. Randleman 50 2.885 190 .3066 202.48 %441ofl-4-5 17 Bertha A. Brandner 44 2.885 44 .3066 44 .148 146.94 'W4('ofE96' of 1-4-5 17 G. L. and Laura I. 'Makepeace 46 2.885 46 .3066 46 .148 153.62 N90.1ofE50' of 1-4-5 17 A. S. Baughman 50 2.885 140 .3066 50 .148 194.57 S60'ofE50' of 1-4-5 15 T. R. Smith 60 .3066 18.41 2 17 Emma S. Miller 140 2.885 190 .3066 140 .148 482.83 3 17 Emma S. Miller 50 .3066 15.33 6 17 Edith TA. Gregory 50 .3066 15.33 1 18 henry and ":argaret Volz 140 2.885 190 .3066 140 .148 482.82 2 18 Luella and Doris Postin 140 2.885 140 .148 2 18 Luella and Doris Postin (Credit 95' curb at 20,E per foot or �,19.00) 405.57 4 18 A. R. Lovesee 50 .3066 15.33 5 18 James B. ttel 50 .3066 15.33 City of Fort Collins; a 1.tunicipal Corporation -j intersection cost 1998,81 City of Fort Collins, a ?,iunioipal corporation curb credits 19.00 A► -- 4 -- Section 4. All assessments herein provided for shall be due and 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 ten (10 ) equal installments , beginning 192 g and payable annually on said last mentioned date thereafter , until the full amount thereof has been paid , with interest on the un- paid principal payable semi-annually at the rate of five (5o) 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 con- sidered 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 (la) 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 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 in- stallment 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 tines 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 pre- pare the foregoing assessment roll in said Edwards Street Improvement District No. 27 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 (30) days , the City Treasurer shall return to the City �;lerk 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 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. -- 6 -- 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 nasage 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 )J _day of A.D. 1928. Commissioner of ety a • -0f f icio Trayor. ATTEST : City Ulerk. STATE OF COLORADO SS, COUNTY OF LArIMER ) I, A. T. ROMNOW, 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 day of .It= A. D. 1928, and was duly adopted aril ordered published in tr e Fort Collins Express-Courier, a daily news- paper 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 /.tip day of Lw l r 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 1TNESS Pd=MOF, I have hereunto set mlr hand and affixed the seal of said City tY is / L� day of �u ,A. D. 1928. d City Clerk. ORDINANCE NO . 2, 1928, WAS PUBLISiiLD ON FEBRUARY 15, 1928, BUT WAS IN ERROR, SO IT ';VAS PUBLI193HED AGAIN ON FEBRUARY 16, 1928, CORF.ECTLY.