Loading...
HomeMy WebLinkAbout008 - 04/02/1921 - RELATING TO THE ASSESSMENT OF COST OF CONSTRUCTION OF IMPROVEMENTS IN OAK STREET IMPROVEMENT DISTRIC ORDINANCE NO. 8 1921, BEING AN FIERGENCY ORDINANCE RELATING TOME ASSESSIENT OF COST OF CONSTRUCTION OF I'IPROVEMENTS IN OAK STREET IIPROVMMENT DIS- TRICT NO. 12, OF THE CITY OF FORT COLLINS, AND PROVIDING FOR THE PAVIENT 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. 4 of said City of Fort Collins, duly adopted and approved on the 6th day of Yarch, 1920, Oak Street Improvement District No. 12 was duly created and provisions made in said ordinance for the construction of certain improvements in said District , consisting of concrete paving, curbing and gut- tering within the limits of said district; that the said improve- ments 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 26th day of February, A.D. 1921 , duly re- ported to the City Council that the cost of the construction of said improvements ,including the cost of inspection, collection and other incidentals, and also including interest to the first day of ;day, 1921, is $14,656.28; that in and by said report the Commissioner of Works, pursuant to report of the City Engineer, duly apportioned upon all of the lots or tracts of land abutting upon the street improved in proportion as the frontage of each lot or tract of land is to all the frontage of all the lots or tracts of land so improved, the sides of corner lots abutting on streets or alleys so improved being regarded as frontage to the extent of twenty-five (25) feet , pursuant to the statute and the provisions of Ordinance No. 4, 1920, which said assessment was made in accordance with the provisions of Sections 5300-3, 5364 and 5366 of the Revised Statutes of 1908, and which said Oak Street Improvement District No. 12 is hereinafter more particularly des- cribed by lots and blocks, together with the apportionment and rate per front foot , the said findings and report of the Commis- sioner 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 26th day of February, 1921, said report of the Commissioner of Works and City Engineer concerning the said proposed assessments for improvements in Oak Street Improvement District No. 12 was by resolution of the City Council duly adopted for the purpose of consideration and determination at a regular mee#ring of the City Council to be held at one o' clock in the after- noon on the 2nd day of April , 1921, 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 twenty days, addressed to the owners of the property to be assess- ed in Oak Street Improvement District No. 12, stating the whole cost of the improvement and the share arportioned 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 writing by them to the City Clerk and filed in his office within thirty 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 2nd day of April , 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 -2- matter of the passage of an ordinance assessing the cost of said improvements; that pursuant to the authority contained in said re- solution the City Clerk caused to be published said notice in the Fort Collins Courier, the official newspaper of said City of Fort Collins, for a period of twenty days, as provided by law, and that due proof of said 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 2nd day of April, 1921 , the assessing ordinance for the cost of the improvements in said Oak Street Improvement District No. 12 was ordered submitted for passage and adoption. Section 3. That the total cost of the improvements in said Oak Street Improvement District No. 12, under and by vir- tue of said Ordinance No. 4, 1920 , of said city,including the cost of inspection, collection and interest to the 1st day of May, 1921 amounts to $14,656.28, which said sum is hereby assessed upon the real estate in said Oak Street Improvement District No. 12, in accordance with the provisions of Section 5363 of the Revised Statutes of 1908 , and the proportion of said cost assessed to each lot or tract of land in said Oak Street Improvement District No. 12, comprising the following lots and blocks in said district , shall be as follows, towit : -3- Section 4. All assessments herein provided for shall be due and payable within thirty days froze the final passage and publication of this ordinance , without demand, pro- vided that all assessments may at the election of the owners of the property assessed b3 paid in twenty (20) annual installment beginning Flay let , 1921, and payable annually on said last men- tioned date thereafter, until the full amount thereof has been paid , with interest on the unpaid principal payable semi-annually at the rate of five and one-half per cent per annum. Section 5. Failure to pay the whole of the assess- ment within the said period of thirty (30) days shall be conclu- sively 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 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 pro- vided, 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 month, and all penalties accru- ed, and shall thereupon be restored to the right to pay the in, stallments in the same manner as if default had not been suffered. The owner of any property not in default as to any installments or payments may at any time pay the whole of the unpaid principal, with the interest accrued to the maturity of the next installment of interest or principal. -5- Section 7. Payments may be made to the City Trea- surer 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 installment of principal and interest when due, any and all property concerning which such default is suffered shall be ad- vertised 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 S. It shall be the duty of the City Clerk to prepare the foregoing assessment roll in said Oak Street Improve- ment District No. 12 in proper form, showing; in suitable columns each piece of real estate assessed, the total amount of the assess- ment , 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 Clerk the assessment roll showing all payments made thereon, with the date of each payment , and thereupon the City Clerk shall pre- pare 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 un- paid, the date to which the same was computed, the amount of each installment of principal and interest , together with two (2) per cent additional thereon as collection charges of the County Trea- surer , 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 or before 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 undivided interest may pay his share of any assessment upon producing evi- dence 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. -7_ Introduced, read at length and adopted by the unanimous vote of all the members of the City Council this 2nd day of April, A.D. 1921. mw ss over ol sazety an Ex Off icio :::ayor. AT T EST: city r . STATE OF COLORADO ) SS. COUNTY OF LARI21ER ) 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 airz%#+enviT@Y regular meeting of the City Council held on the 2nd day of April, 1921, and was duly adopted and ordered published in the Fort Collins Courier, a daily news- paper 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 A icle IV of the City Charter; and thereafter, on to�wit: the • day of April, 1921, said Ordinance No. 8 was duly pub- lished in the Fort Collins Courier , a daily newspaper published in the City of Fort Collins, Colorado. IN WITNESS WHEREOF, I have Jereunto set my hand and affixed the seal of said City this day of April, 1921. ' City "�erTi: —S—