ORDINANCE NO. 296

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An ordinance approving the whole cost of the improvements made in and for Intercepting Sewer District Number Six, in the city of Grand Junction, Colorado, pursuant to ordinance No. 178 as amended, and pursuant to the resolutions and proceedings of the City Council, adopted pursuant to said ordinance No. 178 as amended, approving the apportionment of said cost to each lot or tract of land in said district; assess-lot or tract of land in said district and prescribing the manner for the collection and payment of said assessment.

Whereas, the City Council and municipal officers of the city of Grand Junction, in the state of Colorado, have complied with all the provisions of law relating to certain improvements in Intercepting Sewer District No. 6 in the city of Grand Junction, pursuant to ordinance No. 178 of said city, as amended and pursuant to the various resolutions, orders and proceedings taken under said ordinance; and

Whereas, the City Council has heretofore caused to be published the notice of completion of said local improvement in said Intercepting Sewer District No. 6 and the apportionment of the cost thereof to all persons interested and to the owners of the real estate which is described therein said real estate comprising the district of land known as Intercepting Sewer District No. 6, in the city of Grand Junction, Colorado, which said notice was caused to be published in The Daily Sentinel the official newspaper of the city of Grand Junction (the first publication thereof appearing October 19, 1920, and the last publication thereof appearing October 29, 1920; and

Whereas, said notice recited the share to be apportioned to and upon each lot and tract of land within said district assessable for said improvements and recited that complaints or objections might be made in writing to the council and filed with the clerk within thirty days from the first publication of such notice, to-wit, on or before and up to the 22nd day of November, 1920, and recited that such complaints would be heard and determined by the council at its first regular meeting after said thirty days and before the passage of any ordinance assessing the cost of said improvement; and

Whereas, the City Council has duly confirmed the statement prepared by the City Council and certified by the mayor, showing the whole cost of said improvements and the apportionment thereof heretofore made as contained in that certain notice to property owners in Intercepting Sewer District No. 6, duly published in The Daily Sentinel, the official newspaper of the city, and has duly ordered that the cost of said sewers and improvements in said Intercepting Sewer District No. 6 be assessed and apportioned against all of the real estate in said district in the proportions contained in the aforesaid notice; and

Whereas, from the statement made and filed with the city clerk by byt city engineer, it appears that the whole cost of said improvement is the sum of twenty-nine thousand five hundred five and 42-100 dollars ($29,505.42) said amoung including six per cent additional for cost of collection and other incidentals, and including interest to the 28th day of February, 1921, at the rate of six per cent per annum on the bonds heretofore sold to raise funds for the construction of said improvements; and

Whereas, from said statement it also appears that the city engineer has apportioned a share of the said whole cost to each lot or tract of land in said district, in the following proportions and amounts severally towit:

Intercepting Sewer District No. 6--description and apportionment, City of Grand Junction.

(Note--Wherever in the following descriptions the number of the first and last lots of a series of lots are mentioned, they shall be taken to include the first, the intermediate and the last named lots and the amounts given shall be for each lot.)

Lot 1, $5.55; lots 2 to 20, $6.93; lot 21, $8.32 and tract beginning at the NE corner of lot 20, thence north 65 ft., thence west 125 ft., thence south 65 ft., thence east 125 ft., $15.89.

Richard D. Mbley's First Sub-division to the City of Grand Junction

Block 3--East 70 feet of lot 1, $18.66; east 50 feet of west 250 feet of lot 1, $13.33; east 50 feet of west 200 feet of lot 1, $13.33; east 50 feet of west 100 feet of lot 1, $13.33; west 50 feet of lot 1, $13.33; west 41 feet of lot 2, $10.93; east 41 feet of west 82 feet of lot 2, $10.93; east 43 feet of west 125 feet of lot 2, $11.46; west 45 feet of east 145 feet of lot 2, $12.00; north half of east 100 feet of lot 2, $13.33.

Block 4--South 50 feet of lots 1 to 5, $13.33; south 37.5 feet of the north 75 ft. of lots 1 to 5, $10.00; north 37.5 feet of north 75 feet of lots 1 to 5, $10.00; lots 6 to 7, $6.67; north 100 feet of lots 9, 10, and 11, $13.59; south 25 feet of lots 9, 10 and 11, $3.40; north 50 feet of lots 12 to 16, $13.33; north 25 feet of south 75 feet of lots 12 to 16, $6.67; south 50 feet of south 75 feet of lots 12 to 16, $13.33; lot 8, $3.65.

Block 5--Lots 1 to 7, $6.45; lot 8, $3.54; tract beginning at the southeast corner of lot 9, thence north 83.7 feet, thence west 110 feet, thence south 83.7 feet, thence east 110 feet, $19.76; tract beginning 110 feet west of the southeast corner of lot 9, thence north 83.7 feet, thence west 98.5 feet, thence south 83.7 feet, thence east 98.5 feet, $17.50; tract beginning 83.7 feet north of the southeast corner of lot 9, thence north 75 feet, thence west 125 feet, thence south 75 feet, thence east 125 feet, $20.00; tract beginning 158.7 feet north of the southeast corner of lot 9, thence north 50 feet, thence west 125 feet, thence south 50 feet, thence east 125 feet, $13.33; tract beginning 208.7 feet north and 137.5 feet west of the southeast corner of lot 9, thence west 71.2 feet, thence south 112.5 feet, thence east 71.2 feet, thence north 112.5 feet, $17.09.

Block 6--South 50 feet of lots 1 to 5, $13.33; north 84 feet of lots 1 to 5, $22.40; south 50 feet of lots 6 go 11, $14.10; north 29 feet of the south 79 feet of lots 6 to 11, $8.35; south 29.5 feet of the north 55 feet of lots 6 to 11, $8.35; south 29.5 feet of the north 55 feet of lots 6 to 11, $8.50; north 25.5 feet of lots 6 to 11, $8.50; north 25.5 feet of lots 6 to 11, $7.34; west 135 feet of the north half of lot 12, $11.81; east 125 feet of the south half of lot 12, $10.93; east 125 feet of the north half of lot 12, $10.93; east 125 feet of lot 13, $14.61; west 135 feet of lot 13, $15.78.

Block 7--Lot 1, $33.33; east 125 feet of lot 2, $16.00; west 145 feet of lot 2, $12.37; west 145 feet of lot 3, $18.56; east 125 feet of lot 3, $16.00; east 125 feet of lot 4, $6.67; west 145 feet of lot 4, $7.73; lots 5 to 9, $6.67.

Block 8--Lot 1, $6.53; lots 2 to 9, $6.69; lots 10 to 15, $7.20; lot 16, $35.91; lot 18, $12.71; lot 19, $11.14; lot 20, $6.41; tract beginning at the northwest corner of lot 20, thence east along the south line of said block 8, 280 feet to corner No. 6 of the D. & R. G. Railroad company's station grounds, thence south 41 degrees 3 minutes, east 60 feet along the said D. & R. G. station grounds to an intersection with the north line of Colorado avenue produced, thence west 280 feet, thence north 41 degrees 3 minutes, west 60 feet to the place of beginning, $26.88.

Block 9--Tract beginning at the southwest corner of lot 1, thence east 55.2 feet, thence north 82 feet, thence west 55.2 feet, thence south 82 feet, $6.95; tract beginning 55.2 feet east of the southwest corner of lot 1, thence east 75 feet, thence north 82 feet, thence west 75 feet, thence south 82 feet, $13.12; tract beginning 130.2 feet east of the southwest corner of lot 1, thence east 31.8 feet, thence north 82 feet, thence west 31.8 feet, thence south 82 feet, $5.56; tract beginning at the east line of Plank avenue and the south line of lot 1, thence east 83 feet, thence north 78.5 feet, thence west 83 feet, thence north 78.5 feet, $13.90; tract beginning 83 feet east of the intersection of the east line of Plank avenue and the south line of line of lot 1, thence east 117 feet, thence northwesterly along the railway right of was 88.1 feet, thence north 13 feet, thence west 58

Wilson's Sub-division of Block 2 of Richard B. Mobley's First Sub-division.

feet, thence south 78 feet, $13.84; tract beginning at the northeast corner of lot 2, thence west 70.2 ft., thence south 155 ft., thence east 70.2 ft., thence north 155 feet, $23.21; tract beginning 70.2 feet west of the northeast corner of lot 2, thence west 29.5 feet, thence south 155 feet, thence east 29.5 feet, thence north 155 feet, $9.75; tract beginning 99.7 feet west of the northwest corner of lot 2, thence west 41 feet, thence south 155 feet, thence east 41 feet, thence north 155 feet, $13.57; tract beginning 175 feet south of the northeast corner of lot 2, thence west 141 feet, thence south 37.5 feet, thence east 141 feet, thence north 37.5 feet, $11.28; tract beginning 212.5 feet south of the northeast corner of lot 2, thence west 141 feet, thence south 39 feet, thence east 141 feet, thence north 39 feet, $11.75; tract beginning at the northwest corner of lot 2, thence south 155 feet, thence east 45 feet, thence north 155 feet, thence west 45 feet, $14.88; tract beginning 45 feet east of the northwest corner of lot 2, thence south 155 feet, thence east 30 feet, thence north 155 feet, thence west 30 feet, $9.92; tract beginning 75 feet east of the northwest corner of lot 2, thence south 155 feet, thence east 45 feet, thence north 155 feet, thence west 45 feet, $14.88; tract beginning 120 feet east of the northwest corner of lot 2, thence south 155 feet, thence east 42, feet, thence north 155 feet, thence west 42, $13.89; tract beginning 175 feet south of the northwest corner of lot 2, thence south 73 feet, thence east 162 feet, thence north 73 feet, thence west 162 feet, $25.22; lot 8 of Bower's Sub-division of lot 3, $4.73; lots 9 to 33 and lots 35 to 57 of Bowers' Sub-division of lot 3, $8.27; lot 34 of Bowers' Sub-division of lot 3, $13.06; lot 58 of Bowers' Sub-division of lot 3, $4.45.

Block 11--Tract, that portion of lot 1 south of alley, $15.50; tract beginning at the northeast corner of lot 1, thence west 62.5 feet thence south 110 feet, thence west 82.5 feet, thence south 35 feet, thence east 145 feet, thence north 145 feet, $25.49; tract beginning 62.5 feet west of the northeast corner of lot 1, thence south 110 feet, thence west 37.5 feet, thence north 110 feet, thence east 37.5 feet, $8.80; tract beginning at the northwest corner of lot 1, thence east 42 feet, thence south 110 feet, thence west 42 feet, thence north 110 feet, $9.85; lot 2, $11.28; tract beginning at the intersection of the northeasterly line of the D. & R. G. railroad company's station grounds with the south line of Colorado avenue, thence westerly on said south line of Colorado ave. 20 feet, thence southerly 90 degrees 100 feet to a point on said northeast line of station grounds, thence northwesterly along said line of station grounds 120 feet to the place of beginning, $11.77.

Revised Sub-division of old Nursery Co. tract.

Tract beginning at the southeast corner of lot 8, thence north 157.7 feet, thence west 196 feet, thence south 31.9 feet, thence east 50 feet, thence south 125.8 feet, thence east 146 feet, $48.89.

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Now, therefore, be it ordained by the City Council of the city of Grand Junction:

Section 1: That the said whole cost and apportionment of the same as hereinbefore set forth, is hereby assessed against all the real estate in said district, and to and upon each lot or tract of land within said district and against such persons and in the portions and amounts which are severally hereinbefore set forth.

Section 2. That said assessments are hereby declared to be a lien in the several amounts assessed against each lot or tract of land herein described from the final publication of this ordinance and shall have priority over other liens, except general taxes. As to any subdivisions in proportion to the respective areas.

Section 3. That said assessments shall be due and payable within thirty days of the final publication of this ordinance, without demand; provided that all such assessments may, at the election of the owner, be paid in installments with interest as hereinafter provided.

Failure to pay the whole assessment within said period of thirty days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or 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 and jurisdiction of the city to construct the improvements, the quality of work, the regularity or sufficiency of the proceedings, or the validity or correctness of the assessment.

Section 4. That in case of such election to pay in installments, the assessments shall be payable in ten equal annual installments of the principal, with interest upon unpaid installments, payable semiannually, at the rate of six per cent per annum. The first of said installments of said principal shall be due on the 28th day of February, A. D. 1921, and shall be payable on or before said day, and the remainder of said installments shall be due on the same day of each year, until all of said installments are paid in full.

Section 5. That the failure to pay any installment whether of principal or interest as herein provided, when due, shall cause the said assessment to become due and payable immediately, and the said assessment shall thereafter raw interest at the rate of one per cent per month or fraction of a month until the day of sale, as by law provided. The owner of any piece of real estate not in default as to any installment, may at any time pay the whole of the unpaid principal with interest accrued.

Section 6. That payment may be made to the city treasurer at any time within thirty days after the final publication of this ordinance and an allowance of sic per cent added for cost of collection and other incidentals, and of interest from the date of payment to the 28th day of February, A. D. 1921, shall be made on all payments made during said period of thirty days.

Section 7. That all the provisions of Ordinance No. 178 of the city of Grand Junction, as amended, shall govern and be taken to be a part of this ordinance, with respect to the creation of said intercepting Sewer District No. 6, the construction of the improvements therein, the apportionment and assessment of the cost thereof and the collection of such assessment.

Section 8. That this ordinance after its introduction and first reading shall be published once in full in The Daily Sentinel, the official newspaper of the city, at least ten days before its final passage, and after its final passage, it shall again be published once in The Daily Sentinel the official newspaper of the city, and after its final passage shall be numbered and recorded in the city ordinance record, and a certificate of such adoption and publication shall be authenticated by the certificate of the publisher and the signatures of the mayor and clerk, and shall be in full force and effect on and after the date of such final publication, except as otherwise by the charter of the city of Grand Junction provided.

Introduced and read at a regular meeting of the City Council, held on the 26th day of November, A. D. 1920.

Adopted and approved the 26 day of November A. D. 1920.

/s/ Chas. E. Cherrington

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Mayor

Attest:

/s/ J. F. Whittaker

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Act. City Clerk