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HomeMy WebLinkAbout004 - 02/12/1917 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN COLLEGE AVENUE IMPROVEMENT ORDINANCE NO ik 1917 RELATING TO THE ASSESSMENT OF TFE COST OF CONSTRUCTION OF IMPROVEIiEYTS IN COLLEGE AVENUE IMPROVEMENT DISTRICT NO 2 OF THE CITY OF FORT COLLINS, AND PROVIDING 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 provisions of Ordinance No 12, 1915, of sa, City o Fort Collins, duly adopted and approved on the day of , 1915, College Avenue Improvement District No 2 was duly created and provision made in said ordinance for the construction of cer- tain improvements in said district, consisting of concrete paving, carbing and paving with brick between the tracks, and two feet on each side thereof of the Denver & Interurban Rail- way Company' s tracks within the limits of said district, that the said improvements as therein provided have been duly con- structed under contract as provided by law, and duly accepted by the City of Fort Collins as therein provided, that there- after the Commissioner of Works of said city and on to-wit, the 4th day of December 1916, duly reported to the City Council the total cost of the construction of said improvements, including the cost of inspection, collection and other inciden- tala and also including interest to the first day of March, 1917 when by the laws of the State of Colorado the first installment of general taxes is due and payable--exclusive of the cost of paving the tracks of the Denver & Interurban Railway Companvr-which amounts to $21,255 07 and the cost of paving the tracks of the Denver & Interurban Railway Company DD $4, 973 58, making the total cost of all the improvements in 4a44 - -1- district $26,228 65, that in and by said report the Commissioner of Works, pursuant to report of the City Engineer, duly apportioned upon all 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 improve 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 122 1915, except as to the intersections of streets and alleys and the share to be assessed against the Street Railway Company which said assessment was made in accordance tith the provisions of §5363 §5364, and §5366 of the Revised Statutes of 1908 and which said College Avenue Improvement District No 2 is hereinafter more particularly described by lots and blocks, together with the apportionment and rate per front foot, which said findings and report of the Commissioner 6f Works axe in accordance with the report thereto- fore made by the City Engineer in respect to the proposed assessments on each lot in said district Section 2 That at the regu-Las meeting of the City Council held on the 4th day of December A D 1916, said report of the Commissioner of Works concerning the said pro- posed assessments for improvements in College Avenue Improvement District No 2 was by resolution of the City Council duly adopted for the purpose of consideration and determination at a meeting of the City Council to be held at four o'clock P M on the 22d day of January 1917, pursuant to a notice of the City Clerk as provided by law, that in and by said resolution the City Clerb was instructed and directed to publish notice in the -2- official newspaper of the City of Fort Collins for a period of ten days, addressed to the o"mers of the property to be assessed in College Avenue Improvement District No 2, stating the whole cost of the improvement and the share apportioned to each lot or tract of land in said district and notifying the ovners 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 22d day of January 1917, at the hour of four o'clock P m 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 matter of the passage of an ordinance assessing the cost of said improvement, that pursuant to the authority contained in said resolution the City Clerk caused to be published said notice in the Fort Collins Morning Express, the official newspaper of said City of Fort Collins for a period of ten days, as provided by law, and that due proof of said publication has been duly filed in the office of the City Clerk, that more than thirty days have elapsed since the publi- cation of said notice, and no complaints or objections in writing have been filed with the City Clerk, as provided by law Section 3 That the total cost of the improvements in said College Avenue Improvement District No 2 under and by virtue of said Ordinance No 12, 1915, of said city, including the cost of inspection collection and interest to the first day of Maroh, 1917, amounts to 6W21,255 07 exclusive of the cost of paving the tracks of the Denver & Interurban Railroad Company, which said last mentioned paving amounts to $4 973 58 which said sum is hereby assessed upon the real estate in said -3- College Avenue Improvement Dist Np. 3 in accordance wit]; G to the provisions of §5380 of the Revised t o 1908.and the proportion of said costs assessed to each lot or tract of land in said College Avenue Improvement District No. 3, comprising the following lots and blocks in said district, shall be as follows, to-.twit: x( COLLEGE AVENUE IMPROVEMENT DISTRICT NO. 2, Black 14 Lot Property owner Frontage Cost Per foot Total No. 1 Christine Miller 77.6 $.6792 $52.70 2 Christine Millen 68.4 39 6G 3 Christine Miller 58.4 39:66 4 John F. Douglass b8.4 89.66 5 John F. Douglass 59.4 39 38 6 Edward M. Jacobson 58.0 39.38 7 Forest Lumber Co. 25.0 16.98-8 Forest Lumber Co. 25 0 '• 16 98 9 Forest Lumber Co. 25.0 18.98 to Forest f.umber Co. 25:0 16.98 Block IS Lot Property Owner No. , Frontage Coat Per foot Total A The Northern Hotel & Inv. Co. Be $6.9371 - $346.86 A The Northern Hotel & Inv. Co. 71.4 6'92 48.49 23 ,Fort Collins Nat'l Bank- .2.55 -' 22 The Northern Hotel & Inv. Co. 25 6.9371 173.43 1.73 22 The Northern Hotel & Inv. Co. 63 .8792 73.43 1 The Northern Hotel & Inv. Oo. 25 0.6792V371 142.79 21 The Northern Hotel&Inv.Co. 63 .6792 42.73 20 The Northern Hotel& Inv. Co. 2b 6.6792 17848 20. The Northern Hotel & Inv.Co. 63 .6792 42,79 t9 The Northern Hotel:S1 Inv. Co. 26 6.9971 178.42 19 The Northern Hotel &Inv. Co. 56.1 .6792 38.10 18 The Northern�Ilotel'&Inv.Co. : 25 7.6103 190.417, 17 Frederick Sch?beder 25 7.6163 1'9g:4 l6 M. M. St Clair 25 7.6163 190.41 15 Loomis Estate 25 7.6163 190.41 14 Loomis Estate 257.6168 180.41 13 Farmers-Bank & Trust Co. 26 7,6163 190.41 12 Edgar a Earkley 26 7.0103 190.41 11 Charles W and Edg ar.H. Trimble 25 1.6163 190.41 .to Charles W. and Edgar'1T. Trimble i26 7.6163 190.41 8 Charles W. and Edgar,H Trimble -25 7.6163 190.41 Z Franklin C. Avery 34A7 7.66163 190.4t B Franklin C. Avery 34.97 7.0163 203.2e C Franklin C. Avery - 26.68 7.6163 203.20 D Franklin C. Avery 26.68 7 6163 203.20 E Franklin C. Avery 26.08 7,6163 202.20 F Franklin C. Avery - 5.0 7.6163 34.08 F Franklin C. Avery 10.0 :6792 6,70 Block xxi Lot Property Owner Frontage Cost per Petit Total No. 7 First Nat'l of Fort Collins S0 6.6792 $344.15 7 First Nat'l BeIIn of R. C Collins 66 .0792 44.16 7 Commercial Loan & R. Cb. 40 7 J. A. C. Kissock 20 .6799 27,16 7 hmandn.M. Whoat 40 " 6792 90.41 8 First''Nat'l Hank Of Fort Collins 25 7.6163 190.41 4 First.Nat'l Bank of Fort Collins 25 7.6163 190.41 le First Nat'l Bank of Fort Collins 26 7.6163 190.41 11 Frank li $salt+ 24.5 7.6163 180.60 11 Ft CollinsA. Inpr4gl, 6lnches 7.6163 12 Iy{nma A. i.s. k 12.5 7.6163 05.20 12 J 1 (, Kissock 12,5 7.6163 96.3U i$ Lovcr Inv Co. 25 7 Glli,3 100.41 14 Stover Inv. Co.'l ' 25 7.6163 190.41 15 Lewis Seeord 25 7 GI63 78D•41 I6 Lcwrs Occord 25 16163 190'.41 1 L7 J': C Davis... 25 $.G163 2aa0.41 L8 M. I Bradley 25 261L3, , 300.4�1 (9 {rhe e C Edwards,wards Sarah I Avery 25 7 6103 1 0.41 20 PYrebe G. Edwards Sarah E. ,Avery.. 25 p 21 'themas Fi, It be tson 25 7 616,31 19tl.Vi 22 Thomas 11 i3<bertson ' -50 b PNI 34fi.66 22 Thomas 1T li b aLsnn 115 6792 78.10 'L2 Plebe G. Edwardo Sarah E Avery 50 6792 33.06 -4- Block 122 -- Lot Property Owner Frontage _ Coat per foot Total 90 'Bishop and Chapter of the Cathedral Of SL John the Evangelist. Denver, 10 Colorad1. o 165 ,$•6792 112.06 11 E5 .6792 16.98 11 Clara A. Hoel 95 .6792 16.98 12 Clara A. Hoel 25 .6792 16.98 13 Clara A Heel 25 .6792 16.98 14 Clara A. Heel 30 .6792 6.79 14 G. Harold D. Parker 15 .6792 30.19 15 G. Harold D. Parker 25 .6792 - 1fi.98 16 G. Herold D Parker 25 .6792 16.9 Block 112 Lot Property Owner Frontage Cost per foot Total No. 9 BenJ. F. Hottel 25 $.6792 16.98 30 BenJ. F. Hottel 25 ,6792 16 98 11 BenJ. F. Hottel 25 ' 12 BenJ. F. Hottel 2.6 .6792 1.70 12 U. S. of America 22. 16.38 . 5 .G792 13 U S. of America 25 6792 16. 8 14 U. S. of America 25 .6792 16.98 16 U. S. of America 25 .6792 16.98 16 U. S. of America 185 .6792 125.66 16 Chas- W., Robert E., Edgar H. Wm. H. and Truman Trimble, Marla A. Sheldon, Ethel Warren 30 .6792 20.38 Block ill Lot Property Owner No. Frontage Cost par foot, Total - 1 The State Mere. Co. 50 $6.9371 $346.86 1 The State Mere.Co. 215 .6792 146.02 2 The State More Co. 25 7.6163 190.41 3 The State Mere. Co. 25 7.6163 190.41 4 The State Mere. Co. 25 7.6163 190.41 6 William A. Kickland 25 7.6163 190.41 6 William A. Kickland 25 7 6163 190.41 7 Cynthia Ann Douglass 25 7.6163 190.41 8 Cynthia Ann Douglass 25 7.6163 190.41 9 Mary T. Welch 25 7.6163 190.41 10 Mary T Welch .6 7.9163 3.80 30 Alex W. Scott 24.6 7.6163 186.6A 11 Alex W. Scott 25 7.0163. 190.41 12 Rosa Arscott 25 7.61G3 190.41 13 Robert E. Trimble 25 7.6163 190.41 14 Robert E Trimble 25 7.6163 190.41 15 Caroline Eleanor Manta 26 7.6163 190.41 16 (The Alford Inv. Co. _ (Thomas H. Robertson 50 6,9371 346.85 16, 11155 .6792 106.28 17 Mary T. Welch 26 .6792 16.98 18 Mary T Welch 25 .6792 16.98 19 Mary T. Welch 10 .6792 6.79 Block 21 Lot Property Owner No. Frontage Cost Dar foot Total 1 Corwin R. Welch 60 $6.9371 $346.85 1 Corwin R. Welch 155 .6792 105.28 2 Corwin R. Welch 25 7.6163 190.41 3 Corwin R. Welch 10 7.6163 76.16 3 Alexander Ault 15 7 6163 114.26 4 Alexander Ault 7.61$3 190.41 6 Fort Collins Nat'l Bank 2G 716163 190.41 6 Fort Collins Nat'l Bank 25 7.G1G3 190.41 7 Adelbert P. Brown, Trustee 25 7.6163 190.41 8 Esther R. Gage 25 7 6163 100.41 9 J. E. Roth 25 7.6163 190.41 10 A. L. Welch 26 7.6163 190.41 11 August C. Kluver 5 7.6163 3.80 it A...L Welch 84.5 7.6163 186.60 12 August C. Kluver 21, 7.6162 190.4I 13 August C. Kluver 25 7.61G3 190.41 14 Andrew A. Moody and Nathan C. Warren 25 7.6163 190.41 15 Wm. Lindenmeter, Jr. 25 7.6163 190.41 16 S. H. Clammer 25 7.6163 190.41 17 S. H. Clammer 3 7.6163 22.84 17 Frank A. Somerville 22 7.6163 167.56 13 Frank A. Sommerville 25 7.6163 190.41 19 Tena Miller 25 7.6163' 190.41 E0 Christine Miller 25 7.6163 190.41 i21 Christine Miller 25 7.6163 190.41 22 Charles G. Buckingham 25 7.6163 190.41 23 Charles G. Buckingham 50 6.9371 346.86 22, Charles G. Buckingham 215 .6792 146.03 47 L. W. Welch 30 792 6.03 48 L. IV. Welch 25 .G792 16.79 49 L W. Welch 98 25 .6792 16.98 Slack 22 No. Lot Property Owner erontage Cost per foot Total 1 E. C. Withrow 155 $6792 $105.28 2 E. C. Withrow 25 6792 16.98 3 E. C. Withrow 16-98 4 Fred G. Drusch 25 6792 16.98 5. James R. Kinghorn 25 .6792 16.98 6 S. M. Replogle 25 .6792 16.98 7 Bond for Deed from F. P. Stover, C. A. Kuhre .6792 16.08 8 A. F. Hemingway 25 .6792 16.98 9 Fare at Lumber Co. 25 .6792 16.98 10 orest Lumber Co. 25 .6792 16.98 11 Forest Lumber Co. 12.5 .6792 8.40 43 C. R. Welch 6.79 44 C. R.Welch 26 .0792 16.98 45 C. R. Welch 25 .6792 16.98 Denver & Interurban IL R. Co., 1746 sq. yda. brick paving, at 2.84855 per E. .._. Yard -5- Section 4 That all that portion of Lots 12, 132 14, 15 and 16, in Block 112, covered oy the foregoing assessment for street intersections, and owned by the United States of America, comprising 282 5 feet frontage, and the total assess- ment therefor, amounting to $191 87, for the cost of said im- provements, be and the same is hereby released from the claim and lien of said assessment, and that said sum of $191 87 shall be paid by the said City of Fort Collins, said release of claim and discharge of said property from the lien of said assessment is made by reason of the fact that no appropriation has been or will be made by the Congress of the United States for the payment of any special assessments against public property, and under the regulations of the United States Treasury Department no such claim would be recognized or approved, and said assess- ment cannot be enforced against the property of the United States as a matter of law Section 5 All assessments herein provided for shall be due and payable within thirty days from the final passage and publication of this ordinance without demand, provided that all assessments may, at the election of the owners of the property assessed, be paid in twenty annual installments, beginning February 28, 1917, and payable annually on said last mentioned date thereafter 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 6 Failure to pay the whole of the assess- ment within said perio4 of thirty days shall be conclusively considered and held an election onthe part of all persons interested, whether under disability or otherwise, to pay in such installments. -6- Section 7. Failure to pay any installment, whether of principal or interest, when due, shall cause the whole of the unggid 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 herein- after 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 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 owner of any property not in default as to any installments or payment may at any time pay the whoj olof the unpaid principal, with the interest accrued, to the maturity of the nest installment of interest or principal Section 8 Payments may be made to the City Treasurer at any time within thirty days of the final passage and publi- cation of this ordinance, and an allowance of five per cent discount shall be made on all payments made during such period only Section 9. 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 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 provided by law for sales of real estate in default of the payment of general taxes -7- J Section 10 It shall be the duty of the City Clerk to prepare the foregoing assessment roll in said College Avenue Improvement District No 2 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 days of the passage of this assessing ordinance Upon the expiraticn of the thirty 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 on which the assessment is unpaid, the whole amount of the assessment unpaid, the date to which the same bras computed and the amount of each installment of principal and interest and the date when the same will become due, with suitable columns for use in case of payment of any installment 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 11 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 loth day of the next succeeding calendar month, with separate statements for all such collections for each month -8- i w Section 12 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 Introduced, read and ordered published this day of January, A D 1917 Passed ana adopted this Lday of February, A D 1917 Commissioner of Safety and ATTES Ex-Officio Mayor 'City Clerk STATE OF COLORADO )-ss COUNTY OF LARIMER ) I, Ray Baxter, City Clerk of the City of Fort Collins, do hereby certify and declare that the foregoing ordinance, con- sisting of twelve (12) sections, was duly proposed and read at length at a meeting of the City Council held on the .3 of day of January, A D 1917, and was du y ordered by Aye and Nay vote to be published once in full in _2t 5 tE, a daily newspaper of the City of Fort Collins, in accordance with the provisions of Section 7 of Article ITT of the City Charter, that thereafter and on, to-wit, the day of February, 1917, at a regular meeting of the City Council, said ordinance came before said Council upon its final passage, a period of more than ten days having elapsdd since its publication as above set forth, and that said ordinance was upon second reading duly adopted as an ordinance ,qyn,4 duly numbered - and thereafter and on 1✓� to;wit, the day of February, A D 1917, said Ordinance No as finally passed and adopted was duly published in , �r t' "'tome/%' , a daily newspaper published in said City of Fort Collins, Colorado In Witness Whereof, I have hereunto set my hand this day of February, A D 1917. City/ Clerk