HomeMy WebLinkAbout027 - 12/03/1921 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN SANITARY SEWER DISTRICT NO ORDINANCE NO. , 1y21 ,
BEING AN EMERGENCY ORDINANCE RELATIi4G TO HE ASSESS.«ENT OF
THE COST OF CONSTRUCTION OF I'PROVEMENTS IiJ SAriITARY SEWER
DIS'T'RICT NO. 34, OF THE CITY OF FORT COLLINS, AND PROVID-
ING FOR THE PAYMENT AND COLLECTION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That under and by virtue of the pro-
visions of Ordinance No. 20 of said City of Fort Collins, duly
adopted and approved on the 3d day of September , 19211 Sanitary
Sewer District No. 34 was duly created and provisions made in
said ordinance for the construction of certain improvements in
said district , consisting of sanitary sewers; 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 provided; that thereafter the City Engineer and the
Commissioner of works on, towit: the 25th day of October, 1921,
duly reported to the City Council that the cost of the construe
tbon of said improvements, including the cost of inspaction,
collection and other incidentals, and also including interest
to February 1st , 1922, is 62039.61; that in and by said report
the Commissioner of Works, pursuant to report of the City Engi-
neer ,duly apportioned upon all of the lots or tracts of land in
the district improved, in proportion as the area os each lot or
tract of land is to the area of all the lots or tracts of land
so imrsoved, exclusive of public highways, pursuant to the pro-
visions of Sections 14 and 31 of Ordinance No. 7, 1921, relat-
ing to local public improvements, and Ordinance No . 20, 19211
creating Sanitary Sewer District No . 34, and which district is
hereinafter more particularly dascribad by lots and blocks, to-
gether with the apportionment and rate per square foot , the said
findings and report of the Co =,Iissioner of Works and 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 29th day of October, le: l, said
report of the Commissioner of Works and City engineer con-
cerning the said prorosed assessments for improvements in
Sanitary Sewer District No . 34 was by resolution of the City
Council duly adopted for the purose of consideration and de-
termination at a regular meeting of the City Council to be
held on the 3d day of December, 1921, pursuant to a notice
of the City Clerk as provided by law; that in and by said re-
solution the City Clerk was instructed and directed to pub-
lish notice in the official newspaper of the City of Fort
Collins for a period of ten days, addressed to the owners of
property to be assessed in Sanitary Sewer District iuo. 34,
statin; the whole cost of the improvement and the share ap-
portioned to each lot or tract of land in said aistrict , and
notifying the owners thereof that any coumlainte or oojections
that might be matte in writing by their, to the City Clerk and
filed in his office within thirty days from the publication
of said notice, would be heard and aetermined by the City
Council at a regular meeting thereof to oe held on the 3d day
of December , 1921, at the hour of one o ' clock in the afternoon
of said day in the Council Chamber in the City Hall in said
City; that after said hearing the said City Council would take
up the :natter of the passage of an ordinance assessing the
cost of said improvements; that Tursuant to the authority con-
tained in said resolution. the City Clerk caused to be publish-
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ed said notice in the Fort Collins Courier , the official
newspaper of said City of Fort Collins, for a period of
ten days, as provided by ordinance, any that due proof of
said publication has been duly filed in the office of the
City Clerk; no complaints or eb,i,ections having bean filed,
at said meeting of the City Council held on the 3d day of
December , 1521, the assessing ordinance for the cost of
the improvements in said Sanitary Sewer District No. 34
was ordered submitted for passage and adoption.
Section 3. That the total cost of the im-
provements in said Sanitary Sewer District No. 64, under .
and by virtue of said Ordinance No . 20 , 1921 , of said city,
including the cost of inspection, collection and interest
t0 the lst day of February, le22, amounts to 42039.51,
which said sum is hereby assessed upon the real estate in
said Sanitary Sewer District rJo. 34, in accordance with the
provisions of Sections 14 and 31 of Ordinance No. 7 , 1r21,
relating to local public improveL�<:nts, and the proportion
of saia cost assessed to each lot or tract of land in said
Sanitary Sewer District No. 64, comprising the following
love and blocks in said district , shall be as follows , towit :
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I
IP.INAL ASSESSMENT ROLL FOR.SANITARY SEWER NO. 24
Lot No. Property Owner Aeea .Ante Can
p t '
That BLOCK74 ,
east 10'of 1 as 1
Iles west of
centerline of
ditch ...L. Stewart
Teattlireas easstt L of 10800 .0995 97.65
38 i
center, line of
ditch ..W. E. Bales 1
That part of S}tl 0700 .0095 101.49
of 2 as lies east
of center line
of ditch ......W. P. Withrow 8143.2 .0095 77.28
N % 2 .. ......Levi and Ida L. Cunningham - 771E .0095 71.17
Lot 2, west of
center line of
ditch except
triangle 19.3'
x19.3' in S. W.
Corner ..I....L. Stewart 1880.5 .0095 17.84
W 119.3' of 1 ..Trustees St. .johns Lubher'd Congregation 6930 •0095 65.52
Triangle- 19.3' x
19.3' In S. W
corner lot 2...Trustees St. John Luthern Congregation 136.2 .0395 1.77
Lot 3 .... ....Ivan W. Tucker 3359.2 .0095 79.38
PV 75' of W%
Block ....P. Levitt , 2812 .0095 2G.G7
6401of W1151 of i'
W% Block ...Jefferson McAnelly 38005 .0095 - 36.05I
fat Wtfa Block.6 Jane Worthing
All 5 SW of 8700 .0095 82.62
ditch ......Abbie Frampton 11814.7 .0595 112.0E
E58' of W272.7'
oY W)<4 Block..Mamle A. Lindenmeier 8537 ,00.9E W97
E 110' Block ...George Lindenmeier 7055 .0065 66,91
W23' of E333' of -
Block ..Sophie and John G. Lindenmeier
!S60' of N393- of 4?50 .0095 40.3]
Block .. .....Sophie LindenmeierW11 .3 7250 .0095 63,7E
BLOCK 83
E50' Of' 1 69.3' :7ohn 9S. Ne 6697 .0095 63.52 E60' oY W368.3' feasle 6, Newsom 4500 .0096 42.68 S50' of B350' 1-Elizabeth E. Tomlin %00 .0096 71.l,i
N50',Of E150' 1..Laurena N. Boston 7600 .0095 71.13
'2 •.Sarah E. Doolittle 17920 .0095 170.OG
8992' of 3 .....Mary Platt 5159.2 .0095 48.93I
�N80'. of 3 ....Mary E. Calkins 3200 .009E 30.3G
NE151.45' Of BlUdeM)Ilan Transfer & .Storage Co. 8920 .0095 83.75 SW42' of NE
193.45' Block ..Adam E, McMillan 8370 .0095 79.39
W40' of E% Blk.Grace W. Black 7540 .0095 71.52.
B64.75' & 877.75' -
of Wi,S Block-Henry. C. Frederickson 5723.9 .0095. 54.29
S92' of WY, B1k,Wayne M. Akin 4232 - .0095 40.14
-N47.5' of S139.5"
Of W% Block..C. P. Corneli N 4593 .009G.. 93.56'
57' of S196.6' of
W% Block ....John C. Davis
N68.8' of Way 6078.9 ,0095 98.17
Block _. .....Lillian L. Blaker (Bond for Deed) 5125.E „0095 48,61
S54' of W332.8 ,
Of W�/a Block-Michael &Bridget Conners (Bond for deed
to S. V. Gamble) 4625.8, .0095 43.88'j
Section 4. All assessments herein provided
for shall be due and payable within thirty days from the
final passage and publication of this ordinance, without
deLn:and , provided that all assessments may at the election
of the owners of the property assessed be paid in ten (10)
ecual annual installments, beginning February let , 1222,
and payable annually on said last mentioned date there-
after , until the full amount thereof has been paid, with
interest on the unpaid principal payable semi-annually at
the rate of six 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 interested, whether under disability or other-
wise, to pay in such installments.
Section o. 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 imme-
diately, and the whole amount of the unpaid principal and
accrued interest shall thereafter craw 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 araount of all unpaid
installments , with interest at one (1) per cent per month, or
fraction of a month, and all penalties accrued, and shall
thereuron be restored to the right to pay the installments in
the sa::.e mariner as if default had not been suffered. The
owner of any property not in default as to any installments
or paymants 'may at any time ray the whole of the unpaid princi-
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pal with the interest accrued to the maturity of the next in-
stallment 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 defg,ult in the payment
of any installment of principal and interest when clue, 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 pro-
vided oy 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 Sani-
tary Sewer District No. 34 in proper form, showing in suit-
able 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 pay-
ment of the whole amount or of any installment cry- , nalty,
and deliver the same to the City Treasurer and thereafter pay-
ments 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
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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
shalllrepare a permanent local .assessment roll in book form,
showing in suitable columns each piece of real estate or pro-
perty upon which the assessment is unpaid, the whole amount
of the assessment unpaid, the date to which the same is com-
puted, the amount of each installment of principal and interest ,
together with two (2) per cent additional thereon as collection
charges of the Coundy 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 deliv-
ered 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 or be-
fore the tenth day of the next succeeding calendar month, with
separate statements for all such collections for each month.
Section 11 . The owner of any divided or undi-
vided interest may pay his share of any assessment upon pro-
ducing 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.
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Introduced, read at length and adopted by
the unanimous vote of all the members of the City Council
this 3d day of December , A.D . 1921.
e--COmmissioner or u3ar y and
ATTEST: Ex Officio Mayor.
ty�y....T
STATE OF COLORADO )
SS.
COUNTY OF' LARI14ER )
I , A. J. ROSENOW, City Clerk of the City of Fort
Collins, do hereby certify and declare that the foregoing ordi-
nance, consisting of twelve (12) sections, was duly proposed and
read at length at a regular meeting of the City Council held on
the 3d day of December, 1921, and was duly adopted and ordered
published in the Fort Collins 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 S6etions 6 and 7 of Article
Iy of the City Charter; and thereafter , on towit: the 17 ay of
December, 1921, said Ordinance No. _=Pt was duly published in
the Fort Collins Courier, a daily newspaper puolished in the City
of Fort Collins, Colorado.
IN WITNESS have hereunto set my hand
and affixed the seal of said City this day of December,
A.D. 1921.
City Clerk.
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