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HomeMy WebLinkAbout007 - 04/02/1921 - RELATING TO LOCAL PUBLIC IMPROVEMENTS UNDER THE AUTHORITY CONFERED BY THE AMENDMENT TO SECTION 1 OF ORDINANCE NO. . 1921, BEING AN ORDINANCE RELATIP;G TO LOCAL PUBLIC I11PROVEMENTS UN- DER THE AUTHORITY CONFERRED BY THE A.IENDTIENT TO SECTION 1 OF ARTICLE XVII OF TIE CITY CHARTER, PASSED AND ADOPTED APRIL 41 1920, COVERING ALL FORYIS OF LOCAL, PUBLIC IMPROMLENTS, ASSESS- 1ENTS FOR TIE COST THEREOF AND THE ISSUANCE OF BONDS IN nAY11ENT OF TIE COST OF SUCH I;JPROVEIENTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS: Section 1 . It shall be lawful for the City Council to order the constructions of any of the local improvements herein- after mentioned, and to assess the cost wholly or in part upon the property especially benefitted as hereinafter provided. Section 2. All local improvements shall be con- structed under the general direction and control of the Commission- er of works and in the immediate charge, direction and supervision of the City Engineer , or other officer designated for such purpose, all in accordance with maps, plans and specifications adopted by the City Council , all said work of construction to be by indepen- dent contract , except as hereinafter provided. Section 3. Before any improvement hereinafter des- cribed shall be ordered by the City Council, it shall be done by ordinance. Section 4. The improvements w'rich may be authoriz- ed by the City Council by ordinance may consist of grading, paving, curbing, parking, or otherwise improving the whole or part or parts of any street or streets , alley or alleys, or any one or more of said improvements , and in case of grading and surfacing of streets the same may include curbing and cross-,walks where necessary, or otherwise improving the sa:�e area; said improvements may also con- sist of the construction of sanitary, district and storm sewers and drains, and such other public works as may be considered necessary, and be properly authorized by the City Council; provided (1) ;o improvement shall be ordered by the City Council unless a: petition for the same is first presented, sub- scribed by the o�mners of one-third the frontage to be assessed for such improvements, and not less Than one per cent of the owners of property for sanitary and storL: sewers , except alleys and streets connecting paved or airfaced districts where the dis- tance between improved streets does not exceed one blocki pro- vided further that the City Council shall deem such proposed improvement good and sufficient for the particular locality, and the kind of pavement named in the petition and the material to be used shall not be restricted to any particular name or local- ity or brand or source, which petition must be duly subscribed and acknowledged in the manner provided by law for the acknow- ledgment of deeds of conveyance of real estate by the owners or the agents duly authorized by poser of attorney, acknowledged in like manner; no petitioner, his heirs or assigns , shall be permitted to withdraw his name from the petition within nine (9) months from the time the petiticn is so filed. All requests for withdrawal must be subscribed and acknowledged as aforesaid. (3) Where the paving petitioned for in one or more petitions is substantially the same, the improvement may be included within one district , and in such case such petitions shall be considered as a unit for the purpose of retition and remonstrance. -2- (3) That if owing to peculiar conditions only exceptional pieces of -real estate need be excepted from the dis- trict and the improvement ordered, and provided further that ex- cept on petition, no paving district shall include more than twelve (12) blocks of street with intersections. Section 5. Upon receiving; and approving a peti- tion for the creation of a paving district , the City Council shall by resolution order the City Engineer to make the neces- sary surveys, mar. , plans and specifications. Section S. It shall be lawful for the City Council to organize paving; districts, sanitary sewer districts and storm sewer districts in the territory recommended by the Commissioner of 'Forks, and pursuant to petition; and further, it may improve by placing in conduit, containing walls or oover/ or in any way improve a canal, lateral or drain, which shall be' a benefit to the surrounding property or the City at large; pro- vided: (1) Before ordering the improvements mentioned in this section or any of them, the City Council shall adopt full details and specifications for the same, permitting and en- couraging competition; determine the number of installments and time in which the cost shall be payable , the rate of interest on unpaid installments , and the district of lots and lands to be assessed for the same, and shall cause the City Engineer to ;cake an estimate of the total cost of such improvements, exclusive of the per centum for cost of collection and other incidentals, and of interest to the time the first installment comes due, and a map of the listrict to be assessed, from which map the approxi- mate share of said total cost that will be assessed upon each piece of real estate in the district may be readily ascertained, -3- and no contract shall be let for any amount exceeding the esti- mate of the engineer. (2) The City Council shall, by advertisement for two successive weeks, once each week, in the official newspaper published in the City of Fort Collins, give notice to the owners of real estate in the district and to all persons interested generally, and without naming such owners or persons, but naming the kind of improvement proposed, without mentioning minor de- tails or incidentals, the number of installments and the time in which the cost of improvements will be payable , the rate of in- terest on unpaid installments, the extent of the district to be assessed by locality and other brief description, the probable cost as shown by the total estimate of assessment by the engineer, the maximum share of said total estimate per front foot where assessment per front foot or per square foot on ordinary lots of 50 x 140 feet , where the assessment is made according to area that will be assessed upon any lot or lands in the district , and in case the assessment shall be made otherwise than per front foot or square foot , the said maximum share to be assessed upon any lot orVlands in the district or to any person shall be stated b according to the method of assessment adopted in the district , and the time, not less than thirty (30) days after the first pub- lication, when the City Council will consider the ordering by ordinance of the proposed improvements, and hear all complaints and objections that may be made and filed in writing concerning the proposed improvements by the owner of any real estate to be assessed or any persons interested; that said map and estimate and all proceedings of the City Council in the premises are on file and can be seen and examined in the City Clerk' s office dur- ing, business hours at any time within said period of thirty days by any person interested. -4- (3) If the o,mers of one-third of the frontage of real estate to be assessed shall petition for paving and name some kind of substantial -paving, then the improvement shall be ordered, provided the City Council shall deem such proposed im- provement and the kind of paving named good and sufficient for the particular locality, then the kind of paving named shall be used, except that no petition or specifications shall name any material from any specified locality, quarry or kiln, or of any particular name , make, brand or source. The petition must be subscribed and acknowledged in the manner provided by law for the acknowledgment of deeds of conveyance of real estate, by the owners or agents duly authorized by po:arer of attorney, ac- . ,cno.vledned in like manner, of one-third frontage of the real estate to be assessed for the same. No petitioner , his heirs or assine, shall be permitted to withdraw his nape from the petition within nine (9) months from the time the petition is so filed (or after the same has been filed with the City Clerk and the Council fails to order such improvements on such peti- tion) . All requests for withdrawal must be subscribed and ac- knowledged as aforesaid. Where the paving petitioned for in any number of petitions is substantially the same, the improve- ment may be included in one district , but in such case each peti- tion shall be considered a unit for the purpose of petition and remonstrance , and may be considered a unit for any othertpurpose the Council may direct , but no petition shall be required to authorize the City Council to order miy paving mentioned in this section, provided that no pavin- alone, or in combination with other improvements, and the petition therefor has been filed as aforesaid, shall be ordered, if the amount to be assessed there- for upon any piece of real estate shall exceed one-half its valuation for assessment for r,eneral taxes for the year preceding; the proposed order , provided that if owin to peculiar conditions any exceptional pieces of reel estate may be excepted from the district and the improvement ordered; and provided further, that the City at large may be charged with the lots so excepted from the district , and provided that except on petition no paving district shall include more than twelve (12) blocks of street intersections . (4) If within the titte specified in said notice remonstrances against the making of all the improvements proposed shall be filed with the City Council, subscribed and acknowledged as above provided for, petitions by the owners of not less than fifty-one (51) per cent of the frontage of the real estate to be assessed for paving alone, or for paving in combination with other improvements, without paving, the improvements shall not be made, provided that the construction of sanitary and storm sewers shall not be subject to remonstrance. No owner , his heirs or assigns , who shall have signed and not withdrawn from a paving petition before the eaze is filed with the City Clerk shall be permitted to sign a remonstrance against the paving pro- posed. (5) In all specifications for material to be used in public improvements of every kind, the City Engineer shall establish a standard of purity, strength and quality, to be demonstrated by physical and chemical tests within the limits of reasonable variations, such as rattler, crushing, absorption, chemical and other tests, and in every instance the material shall be described in the specifications either by standard or quality, as will aduit of genuine competition between contrac- tors , so that there can be at least two or more bids by in.divi_ -g- ,* duals or companies not in any manner connected with each other, and no materials shall be specified which shall not be subject to such competition. (6) All proceedings by the City Council may be modified, confirmed or rescinded by the Council at any time prior to the passage of the ordinance authorizing the improve- ments, provided that no substantial change in the district , map, details, specifications or estimate shall be made by the Council after the first publication of the notice to property owners. (7) In all cases of paving the specifications and contract may provide that the bidders shall guarantee that the paving shall remain in good order and repair for a period of time to be fixed by the City Council and make all necessary repairs during such period without further compensation, pro- vided that in case of cement concrete curb, gutter or sidewalk, the specifications and contract shall provide for a guaranty of two years, and the City Council may provide for a guaranty for a reasonable time not to exceed two years of all other work. (8) If at the time of the passage of the ordi- nance authorizing the improvements for any district , any piece of real estate in the district has the whole or any part of the proposed improvements conforming or approximately conforming to the general plan of the City Council, the City Council may adopt the sa::,e in whole or in part and make the necessary c'-.anges, making th-. same conform to the general plan, and the owner of such real estate shall, when the assessment is made , bs credited with the amount which is saved by reason of adopting or adapting such existing improvements. -7- (9) The finding; of the City Council by ordinance that aiy improvements provided for in this ordinance were duly ordered after notice duly given, or that a petition or remon- strance was or was not filed, or was or was not duly subscribed and acknowledged by the required number of owners, as in this ordinance provide,., shall be conclusive in .,very court or other tribunal. Section 7. ASSESSMEIT OF THE COST - HOW APPOR- TIOIJED. In case of the improvement of any street as hereinabove provided, except as otherwise provided in this ordinance, the cost of improvement , except the intersections of streets and alleys and except the share to be paid by street or other rail- way companies, shall be assessed upon all the lots and lands abutting on the streets improved in proportion as the frontage of each lot or tract of land is to the frontage of all the lots and lands so improved; provided that where the lots and lands abutting on the streets improved are not of substantially equal depth or where any such lots or lands are less than 150 feet in depth, then if the City Council so determines, the real estate abutting upon the street improved may be assessed to a substan- tially equal depth not more than 150 feet from the street im- proved, without regard to lot or land lines, as the City Council may determine, and in all such cases the Council may divide the depth of the real estate so to be assessed into from two tm six zones parallel with the street improved, and apportion the amount to be paid by the entire depth to the different lots in proportion to the benefits received by each zone and whenever a lot or land lies within such zone, the City Council may deter- mine the proportion to be assessed against the real estate lying; -S- on each side of such line within_ the zone, provided that no improvement districts for the combined grading, curbing, gut- tering and surfacing of any street which constitutes or is suitable for a Zeneral thorofare or boulevard, the whole or any part of the cost of either grading or surfacing or both may be prowled by ordinance , and the rer.ainder of the total cost of such combined improvements shall be assessed and paid for as in other cases of grading, curbing, gutterin and sur- facing. For the purpose of assessment the sides of corner lots shall be treated as frontage when the street upon which such sides abut is improved. Section 3. ISITERSECTIONS. In case of the irr_ provement of any street , except as otherwise provided herein, the cost of the improvements in each street intersection, ex- cept the share to be paid by street or other railway companies, and except not more than three-fourths to be paid by the City r at large, shall be assessed on all the frontage on the street improved, and on the intersecting streets within a distance of one-half block in each direction from such intersection, in Proportion to the frontage of each piece of real estate on the street improved, or on both sides within said distance; and the cost of each alley intersection shall be assessed upon all the real estate in the same block in proportion to the frontage on the street improved. Section 9. The paving; of any alley or alleys connecting with any paved streets, when ordered by the City Council, shall not be the subject of remonstrance, 'but the owners of frontage to be assessed shall have the right to file written objections and complaints to such paving as herein provided. -9- Section 10. IRREGULAR SHAPES - HOW COST ASSESSED. Then any real estate is V shaped, or of any irregular shape, the City Council may make such allowance in the assessment thereon as to it seems equitable or just , or may refuse to make any allow- ance and in case of intersections, the Council may order not to exceed three-fourths of the cost of the intersection to be paid by the City and the remainder mly shall in such case be assessed. Section 11. CANALS ANT LATERALS - COST HOT APPOR- TIONED. In the case of the improvement of any canal, lateral or drain, or the re,-.-,oval of the same after the improvement has been completed, the City Council shall determine what proportion of the cost , if any, shall be borne by the City at large and the re- maining cost shill be assessed against the property benefitted in the following manner: The district to be benefitted shall be divided into from three to six zones, at the discretion of the City Council, said zones not to extend more than 1800 feet from the canal, lateral , drain or improvement ; the City Council shall then determine the proportion of the cost to be assessed to each zone . Section 12. The term "street" as used in this ordinance shall include alleys, boulevards , and other highways; the term "real estate" shall be held to mean all lands, either platted or unplatted, regardless of lot or land lines . Lots, plots, blocks and other subdivisions may be designated in accor- dance with any recorded plat thereof, and unplatted lots by de- finite description. -10-d A Section 13. CONTRACTS. All contracts for local improvements and all other contracts involving, expenditures, shall be let by the Commissioner of Safety and Ex Officio 1:ayor , upon the recommendation of the City Council, after the passage of the original ordinance authorizing the improvemients on con- tracts. All contracts shall be to the best , reliable and respon- sible bidder, after public advertisement by the City Council for not less than ten days in the official newspaper. Any other mode of letting such contract shall be illegal and void , and no such contract shall be made without a bond for its faithful performance, and as a further condition, said bond shall provide for the prin- cipal and surety paying any differences that may arise on the con- tract for labor and material , in addition to the completion of the contract , which bond small have sufficient surety or sureties to be approved by the Commissioner of Safety and Ex Officio iayor . Upon default of the perfoniance of any contract , the City Council may readvertise and let a contract for the uncompleted work in like manner without further ordinance , and charge the cost there- of to the original contractor upon his contract; and when a de- ficiency shall in such case occur the City Council may advance the amount thereof out of any available fund of the City and recover the same by suit on the original contract and bond. In all advertisements the Council shall reserve the right to reject all bids and upon rejecting all bids may again advertise without further ordinance, or may order the work done by the Commissioner of Works by day labor. Section 14. CERTIFICATE OF ASSESSMENT. Upon the completion of any local improvement and acceptance thereof by the City Council , upon the recommendation of the City Engineer, the City Engineer shall prepare a statement , showing the whole -11- cost of the improvement , including not to exceed seven per centum additional for cost of collection and of making the assessmient and certifying the same to the County Treasurer for collection, and other incidentals , and including interest to the next suc- ceeding date upon which general taxes or the first installment thereof are by the laws of the State of Colorado made payable, and apportion the same upon each lot or tract of land to be assessed for the same, as in this ordinance provided, and shall cause the sari to be certified and filed in the office of the City Clerk. Section 15. ADVERTISMIENT. The City Council shall thereupon order the City Clerk by advertisement for ten days in the official newspaper published in the City, to notify the o,m ers of the real estate to be assessed and all persons interested generally, and without naming such o-,vners or persons that said improvements have been completed and accepted, specify- ing the whole cost of the improvements and the share so appor- tioned to each lot or tract of land or person, and that any com- plaint or objection that may be made in writing by such owner , owners, or persons to the City Council and filed with the City Clerk within thirty (30) days from the first publication of such ncwice, will be heard and determined by the City Council at its first regular meeting; after the expiration of said thirty days before the passage of any ordinance assessing the cost of said improvements. Section 16. CO',IPLAINTS - HEARING. After the period specified in such notice, the City Council sitting as a board of equalization, shall at its next regular meeting, or an adjournment thereof , hear and determine all such complaints and -1�- objections, and may confirm the apportionment or make any modi- fications which may seem equitable and just after the considera- tion of all objections to the apportionment . If any change in the apportionment shall be made by the City Council, it shall be referred to the Commissioner of Works , who shall cause to be prepared a new apportionment and an assessing ordinance in accor- dance therewith, and transmit the same to the City Council. The assessing ordinance shall assess the cost of the improvement against the real estate to be assessed in the district in the proportion finally determined. Section 17. ASSESSMENT A LIEN. All assessments made in pursuance of this ordinance shall be a lien in the several amounts assessed against each lot or tract of land from the publication of the assessing ordinance, and shall have a priority over all other liens except general taxes. As to the subdivisions of any real estate assessed in pursuance of this ordinance, the assessment shall in each case be a lien upon all the subdivisions in proportion to their respective areas. No delays, errors, defects or irregularities in any act or proceed- ing authorized by this ordinance shall prejudice or invalidate any final assessment , but the same shall be remedied by subse- quent or amended acts or proceedings as the case may require, and when so remedied the same dhall take effect as of date of the original act or proceeding. If in any court of competent jurisdiction any final assessment made in pursuance of this article is set aside for irregularity in the proceedings , then the council may, upon re- commendation and notice as required in the making of an original assessment , ma(e a new assassment in accordance with the provi- sions of this ordinance, apportioning the cost and expense of the new assessment as may be determined just and equitable by the City Council . _13_ Section 18. ASSESSMENT DUE IN THIRTY DAYS. All assessments made in pursuance of this ordinance shall be due and payable within thirty (30) days of the publication of the assessing ordinance, without demand, provided that all such assessments may at the election of the owners be paid in in- stallments, with interest as hereinafter provided. Failure to pay the whole assessment within said period of thirty (30) days shall be conclusively considered and held an election on the re whether under disability or part of the persons interested, e y otherwise, to pay in such installments. All persons so electing to pay in installments shall be conclusively considered and held as consenting to said improvements, and such election shall be conclusively held and considered as a waiver of any and all rights to question the power or jurisdiction of the City to con- struct the improvements, the quality of the work, the irregula- rity or sufficiency of the proceedings, or the validity or correctness of the assessment. Section 19. Immediately upon the adoption of the assessing ordinance the City Clerk shall prepare an assessment roll, 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 , if in pursuance of this ordinance the same is payable in installments, and date when such installments become due, with suitable columns for/use in case of the payment of the whole amount , or of any installment or penalty, and certify the same to the City Treasurer for col- lection. -14- Section 20. INSTALLMENTS. In ordering any such public improvements, the City Council shall have the power to provide therein that the cost of such improvements may be paid by the property owners in installments of not less than two nor more than twenty equal installments of principal, the first of which installments shall be payable in not less than one nor more than five years , and the last in not less than twenty years with interest in all cases on the unpaid principal , payable semi- annually at a rate not exceeding six per cent per annum, as may be determined by the City Council in adopting the ordinance or- dering such improvements. Section 21. FAILURE TO PAY INSTALLMENTS. Failure to pay any installment either of principal or interest when it is 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 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 delinquent installments, with interest at one per cent per month, or frac— tion of a month, and all penalties accrued and shall thereupon be restored to the right thereafter to pay in installments in the manner as if default has not been made. The owner of any piece of real estate not in default as to any installment or payment , may at any time pay the whole of the unpaid principal with in- terest accrued. -15- Section 22. PAYMENTS WITHIN THIRTY DAYS. Payments may be made to the City Treasurer at any time within thirty (30) days of the publication of the assessing ordinance, and an allowance of F'. (6 per centum for cost of collec- tion and other incidentals and of interest from the date of pay- ment to the time of the first installment may be made on all payments made during the period of thirty (30) days. Section 23. CERTIFICATE OF THE ASSESSMENT ROLL TO THE COUNTY TREASURER. Upon the expiration of thirty (30) days hereinabove limited, the City Treasurer shall return the assessment roll to the City Clerk and thereupon the City Clerk shall prepare an assessment roll in book 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 , if payable in installments, showing the remaining in- stallments unpaid, if any, at the date of such certification, with suitable columns for use in case of payment of the whole amount , or of any installment or penalty and the interest accrued thereon at the date of the payment of said installment , and de- liver the same to the County Treasurer for collection, and in making up said assessment roll the said City Clerk shall add two per cent on the amount due on each assessment against each lot or parcel of land, to cover the cost of collection by the County Treasurer , which said assessment roll shall be certified by the City Clerk under the seal of the City, the City Clerk taking the receipt of the County Treasurer therefor , and the County Treasurer shall pay over to the City Treasurer the amount collected on such assessment roll on the first of each and every month in the same manner as general taxes are paid by the County Treasurer to the City. _16- Section 24. The County Treasurer shall receive payment of all assessments against any real estate appearing upon said last mentioned assessment roll , with interest , and in case of default i.n the payment of any installment of principal or interest , for the period of one year after the same becomes due and payable, he shall advertise and sell any and all real estate concerning which default is suffered, and said sales and advertisements shall be made at the same time or times in the same manner and under all the same conditions and penalties and with the same effects as are prescribed by the general laws of the State of Colorado for the sale of real estate in default of the payment of general taxes. At any sale by the County Treasurer of any real estate in the City of Fort Collins for the purpose of paying any special assessments for local improve- ments, the City Treasurer, being duly authorized by the City Council , may purchase any such real estate without paying for the same in cash, and shall receive certificates of purchase in the name of the City, such certificates shall be received and credited at their face value and all interest and penalties accrued, to the treasurer on account of the assessment in pur- suance of which sale was made. Said certificates may thereafter be sold by the City Treasurer at their face value , with all in- terest and penalties accrued , and by him assigned in the name of the City, and the proceeds credited to the funds created by or- dinance for the payment of such assessments respectively. Such assignment shall be made ,without recourse upon the City, and the sale and assignment shall operate as a lien in favor of the City and of the holders of such certificates, as is provided by law in the case of sales of real estate for default in the pay- ment of general taxes in the State of Colorado. -17- Section 25. The owners of any divided or undivid- ed interest may pay his share of any assess :ent . Section 28. ORDERING SEWER, GAS AND WATER MAINS CONNECTED IN PERMANENT PAVING DISTRICTS . Before constructing any permanent paving under the provisions of this ordinance, the City Council may order the owners of abutting; real estate to connect their several premises with sewer, gas or water mains, or with any other commodity in the street in front of the several premises, and upon the default of the owners for thirty (30) days after such order to make such connections , the City Council may contract for and make such connections , at such distance, under such regulations and in accordance with such specifications as may be prescribed by the City Council , and the whole cost of such connections shall be assessed against the premises with which the connection is made. Any number of such connections may be na: ed in one contract , which contract may be let by the City Council under and in pursuance of the regulations adopted governing the same, prior thereto and recommended by the Commis- sioner of Public Works. The cost shall be assessed and collected in the sane manner as provided in Ordinance No. 19, 1884, for the collection of special assessments. Section 27. PUBLIC IMPROVEMENT BONDS . All local improvements herein provided for in this ordinance shall be paid for in public improvement bonds of the City, issuing the same of such date and in such form as may be prescribad by the City Council by ordinance, bearing the name of the street , alley or district im�-roved, and payable to the bearer in a sufficient period of years after date to cover the period of paym.;nt for the improvements, provided the date of the maturity of the first in- -18_ stallment of bonds shall not be more than five (5) years from the date of said bonds, and shall be subject to payment in equal annual installments thereafter , until the maturity of the last installment , and shall be in denominations of not more than one thousand dollars ($1,000) each. All of such bonds shall be issued by the City upon estimates made by the City Engineer. Before the issuance of any of such bonds , they shall be register- ed in the office of the City Treasurer in a book prepared and kept for that purpose. All of such bonds shall be subscribed by the mayor and attested by the City Clerk, and countersigned by the City Treasurer , and shall be payable out of moneys collected on account of the assessments Wade for the improvements respec- tively, and all moneys collected from said assessments for any improvement shall be applied to the payment of said bonds and in- terest until payment be m-de of all of said bonds and interest . Said bonds shall be received at par in payment of all contracts for public improvements . The City Council may, upon advertise- ment for not less than ten (10) days in the official newspaper of the City, or other newspaper to be approved by it , sell suffi- cient of said bonds at not less than par to pay the engineering; and other clerical expenses, including cost of inspection, and in the event that the work is ordered to be done by the Commis- sioner of Works by day labor , may sell the entire bond issue at not less than par , which said bonds shall not bear interest to exceed six per cent per annum, to be paid semi-annually, and evidenced by coupons attached, bearing the fac sisi_ile of the signature of the City Clerk. -1�'- Section 23. It shall be the duty of the City Treasurer to call in all bonds that may be due and payable at the expiration of five years from the date of issue for payment by giving notice for five days in the official newspaper , call- ing for the same , and thereafter said bonds shall be called and paid in their numerical order upon the same kind of notice, and after the expiration of thirty days from the first publication of said notice, interest shall cease on all such called bonds. Section 29. The City Council in the ordinance authorizing the issue of public improvement bonds may provide therein a guaranty on the part of the City for the payment of all of the bonds issued in pursuance of said ordinance. Section 30. Whenever any grading or paving dis- trict shall be created under this ordinance, the City Council shall include in the area to be paved or graded the entire width of the street from curb to curb, including the portion of said street or streets occupied by or required by franchise obligation to be paved by or chargeable or assessable to any railway com- pany, whose railway runs thru or across any street or streets in said district , and shall charge to, assess and collect from such railway company or companies in the same manner as herein provid- ed , but in case of abutting property, it shall issue bonds for the same , which bonds shall be issued and made payable in like manner as bonds issued for the improvement to be assessed against the real estate specially benefitted, and in the meaning of this section, in the absence of franchise obligation to grade and pave, a railway company shall be held to occupy and shall be liable for the grading and paving of that part of the street lying between -20- the rails of such track and two (2) feet outside of each rail, and every railway company, whether street railway or otherwise, shall be assessed for the cost of grading; or paving of any part or parts of any street or alley occupied by it or required by franchise obligation to be paved by it , and the assessment levied for the cost of said improvement chargeable to a railway company shall be a first and ;prior lien against the entire franchise and r,rcperty of the company within said district , and also without said district , but within the limits of the City of Fort Collins where such improvement is made , subject only to general taxes, and all the ter.:s and conditions and provisions of this ordinance relative to the collection of the amount chargeable against frontage shall be applicable to the enforcement and collection of such assessment against such railway companies, and the property of such railway companies shall, in case of default in payment of such assessment , be sold as in cases of default in payment of general taxes levied thereon, which railway trackage shall not be considered as assessable frontage in determining the suffi- ciency of petitions as provided in this ordinance. Section 31. COST OF SANITARY AND STOR?; SEWERS - HOW ASSESSED. Unless otherwise ordered by the City Council, the cost of district , sanitary and storm sewers shall be assessed upon all the real estate in said sanitary and storm sewer dis- tricts, respectively, in proportion as the area of each piece of real estate in the district is to the area of all the real estate in the district , exclusive of public highways. -21- Introduced, read and ordered published this 19� 26t day of A.D . 1921. Passed and adopted this -Z ' day of A.D . 1921. T Co=issioner of Safety and Ex ATTEST: / Offioio ;dayor. i t yZ'1 erg _22- 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, consisting of thirty-one (31) sections, was duly proposed and read at length at a regular meeting of the City Council held on the day of �y, A.D . 1921 , and was duly ordered by aye and nay vote to be published once in full in The Fort Collins Courier, a daily newspaper of the City of Fort Collins, in accordance with the provisions of Section 7 of Article IV of the City Charter; that thereafter and on, towit: the 2 day of , A.D . 1921, at a regular meeting of the City Council, the said Ordinance came before said Council upon its final passage , a period of more than ten days having elapsed since its publication as above set forth, and that said Ordinance was upon second read- ing adopted as an ordinance, and thereafter and on, towit , the day of A.D. 1921, said Ordinance No. _ 7 as finally passed and adopted was duly published in The Fort Collins Courier , a daily newspaper pub- lished in the said City of Fort Collins, Colorado. In Witness Whereof, I have hereunto set my hand this S day of , A .D . 1921. City er . -23-