ORDINANCE NO. 399
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN AND FOR SIDEWALK DISTRICT NO. 9 IN THE CITY OF GRAND JUNCTION, COLORADO, PURSUANT TO ORDINANCE NO. 178, ADOPTED AND APPROVED JUNE 11, 1910, 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, ASSESSING THE SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN SAID DISTRICT, AND PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS.
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 Sidewalk District No. 9 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 the completion of said local improvement in said Sidewalk District No. 9 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 Sidewalk District No. 9 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 November 6th, 1925 and the last publication thereof appearing November 8, 1925) and
WHEREAS, said notice recited the share to be apportioned 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 City Clerk within thirty days from the first publication of said notice, to-wit: on or before and up to 5:00 o'clock P.M. on the 7th day of December A. D. 1925, 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 improvements; and
WHEREAS, pursuant to said notice no written complaints were filed with respect to the proposed assessment of the cost of said improvements; and
WHEREAS, the City Council has duly confirmed the statement prepared by the City Council and certified by the President of the Council, showing the whole cost of said improvements and the apportionment thereof heretofore made as contained in that certain notice to property owners in Sidewalk District No. 9 duly published in The Daily Sentinel, the official newspaper of the City, and has duly ordered that the cost of sidewalks and improvements in said Sidewalk District No. 9 be assessed and apportioned against all of the real estate in said district in the portions contained in the aforesaid notice; and
WHEREAS, from the statement made and filed with the City Clerk by the City Engineer, it appears that the whole cost of said improvements is the sum of $21,726.13 said amount including two per cent additional or cost of collection and other incidentals, and including interest to the 28th day of February, 1926, at the rate of five and one-half 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, to-wit:
DESCRIPTION AND APPORTIONMENT
SIDEWALK DISTRICT No. 9
CITY OF GRAND JUNCTION, COLORADO
Block 33
Lot 1, $78.30, Lot 2, $33.55
Block 34
Lot 1, $78.45, Lot 2, $33.62, Lot 24, $54.89, Lot 23, $23.52
Block 5
Lot 1, $88.39, Lot 2, $37.88, Lots 22-30 inc., $22.62 ea.
Block 6
Lot 32, $78.13, Lot 31, $33.49
Block 18
Lot 10, $88.39, Lot 9, $37.88, Lots 11-17-inc., $22.62 ea., Lot 18, $56.15, Lot 19, $100.85, Lot 20, $78.23, Lot 21, $33.53
Block 19
Lot 15, $33.53, Lot 16, $78.23, Lots 19-30 inc., $22.45 ea., Lot 17, $100.68, Lot 18, $55.98
Block 26
Lot 17, $78.30, Lot 18, $33.55, Lots 9-14 inc., $22.55 ea., Lot 15, $56.10, Lot 16, $100.85
Block 20
Lot 20-32 inc., $22.45 ea
Block 25
Lot 1, $100.97, Lot 2, $56.04, Lots 3-14 inc., $22.49 ea., Lot 15, $56.04, Lot 16, $100.97, Lot 17, $78.30, Lot 18, $33.55, Lot 31, $33.55, Lot 32, $78.30
Block 21
Lots 17-32 inc., $22.45 ea.
Block 24
Lots 32, $78.30, Lot 31, $33.55, Lot 17, $78.30, Lot 18, $33.55 Lot 1, $100.75, Lot 2, $56.00, Lot 15, $56.00, Lot 16, $100.75, Lot 3-8-inc., $22.45 ea., Lots 13, 14, $22.45 ea.
Block 23
Lot 17, $111.85, Lot 18, $111.85
Block 1
Lot 1-16 inc., $22.33 ea., Lots 19-34 inc., $22.33 ea., Lot 17, $177.34, Lot 18, $159.48
Block 22
Lot 1-16 inc., $22.33 ea., Lot 18, $111.75, Lot 17, $159.61
Block 1 - Lincoln Park Addition
Lots 3-14 inc., $22.33 ea., Lots 19-30 inc., $22.33, Lot 1, $116.41 Lot 2, $62.65, Lot 15, $62.65, Lot 17, $100.81, Lot 18, $55.92, Lot 31, $55.92, Lot 32, $100.72, Lot 16, $116.50
Block 2
Lot 3-14 inc., $22.33, Lots 19-30 inc., $22.33, Lot 1, $116.41, Lot 2, $62.65, Lot 15, $62.65, Lot 16, $116.41, Lot 31, $55.92, Lot 32, $100.72, Lot 17, $100.72, Lot 18, $55.92
Block 3
Lot 1, $116.41, Lot 2, $62.65, Lot 11, $62.65, Lot 12, $116.41, Lot 13, $100.72, Lot 14, $55.92, Lot 23, $55.92, Lot 24, $100.72 Lots 3-10 inc., $22.33 ea., Lots 15-22 inc., $22.33 ea.
Block 1 - Dundee Place Addition
Lot 1, $78.36, Lot 2, $33.58, Lot 15, $33.58, Lot 16, $78.36 Lot 32, $78.36, Lot 31, $33.58, Lot 17, $78.36, Lot 18, $33.58
Block 2
Lots 1, 16, 17, 32, $78.36 ea., Lots 2, 15, 18, 31, $33.58 ea
Block 6
Lot 15, $33.59, Lot 16, $78.39, Lots 17, 32 $94.08, Lots 18, 31, $40.32
Block 5
Lots 1, 16, $78.39, Lots 2, 15, $33.59, Lots 17, 32, $94.08, Lots 18, 31, $40.32
Block A - Keiths Addition
Lots 15, $40.19, Lot 16, $93.77, Lot 17, $78.45, Lot 18, $33.62
Block B
Lots 1, 16, $93.77, Lots 2, 15, $40.18, Lots 17, 32, $78.45, Lots 18, 31, $33.62
Block D
Lots 16, 17, $84.39, Lots 15, 18, $36.17
Block E
Lots 2, 15, 18, 31, $36.17, Lots 1, 16, 17, 32, $84.39
Block G
Lots 15, 18, $33.70, Lots 16, 17, $78.64
Block H
Lots 1, 16, $78.64, Lots 2, 15, $33.70, Lots 19-22 inc., $22.33 ea. Lot 17, $100.97, Lot 18, $56.03
Block I - Keiths Addition
Lots 3-12 inc., $22.33, Lot 1, $101.12, Lot 2, $56.10, Lots 19-30 inc. $22.42, Lot 31, $56.19, Lot 32, $101.21
Block K
Lots 15, 18, $33.55 Lots 16, 17, $78.30
Block L
Lots 7-14 inc., $22.46 ea.
Block N.
Lots 5-16 inc., $22.34
Block 133 - Grand Junction Original Townsite
Lots 19-34 Inc., $22.33, Lot 18, $43.22
Block 154
Lots 1-16 inc., $22.33 Lot 17, $43.22
Block 134
Lots 17-32 inc., $22.36 ea
Block 153
Lots 1-16 inc., $22.38
Block 152
Lots 1-16, $22.35
South 50 ft. and East 50 ft. Block 135, $620.46
North 50 ft. of Block 140, $358.90
Block 149
Lots 7-10 inc., $22.44, Lot 11, $84.69, Lot 12, $36.29
Block 148
Lot 15, $33.71, Lot 16, $78.67
Block 159
Lots 6-8 inc., $24.34, Lot 9, 10, $27.49
Block 1
Lots 1-5 inc., $22.20
G. J. F. G. Assn.
The West 50 ft. of a tract described as follows:
Beginning at intersection of E. line of 7th St. with S. line of the Right-of-way of the D. & R. G. Western Ry. Co.; thence S. 258.8 ft. thence E. 273.72 ft.; thence N. 144.25 ft.; thence E. 343.23 ft.; thence N. 303.45 ft. to S. line of said Right-of-way; thence South westerly along said Right-of-way 647.4 ft. to place of beginning. Total assessment $266.32.
Latimer-Goodwin
Tract beginning 258.8 ft. S. of intersection of E. line of 7th Street and the S. line of Right-of-way of D. & R. G. W. Ry. extending S. 108.25 ft.; thence E. 273.72 ft; thence N. 50 ft; thence W. 223.72 ft.; thence N. 58.25 ft. thence W. 50 ft. to point of beginning. Total Assessment $390.93
Block 12-Milldale Sub-Division
Lots 17-32 inc., $22.38
Block 20
Lots 11-19 inc., $22.33, Lot 10, $107.40, Lot 9, $46.03
Block 11
Lot 9, $24.03, Lot 10, $56.07
Block 5 Milldale Sub-Division
Block 19
Lots 1-16 inc., $22.38 ea.
The West 50 ft. of a tract described as follows:
Beginning at the N. W. corner; thence S. 39 ft; thence E. 140 ft.; thence N. 39 ft.; W. 140 ft. to place of beginning. Total Assessment $41.13
The West 50 ft. of a tract beginning at a point 39 ft. S. of the N. W. corner of block 5, Milldale Sub-Division; thence S. 250.9 ft. to D. & R. G. Right-of-way; thence northeasterly 145 ft. along said Right-of-way; thence N 210 ft; thence W. 140 ft. to point of beginning. Total Assessment $238.75.
Denver & Rio Grande Western Railway Company
Tract beginning at the intersection of the E. line of S. 7th Street; and the north right of way line of the Denver & Rio Grande Railway Company in the City of Grand Junction, Colorado; thence in a northeasterly direction along said north right of way line to a point 50 ft. E. of the said E. line of S. 7th Street; thence south to the south right-of-way line of the said Denver & Rio Grande Western Railway Company; thence southwesterly along the said south right of way line to the east of S. 7th Street; thence north to the place of beginning. Total Assessment $107.14
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION, COLORADO:
Section 1. That the said whole cost and apportionment of the same, as hereinbefore set forth is hereby approved and 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 proportions and amounts which are severally hereinbefore set forth.
Section 2. That said assessments are hereby declared to be a lien in the several amounts herein 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.
Section 3. That said assessments shall be due and payable within thirty days after the final publication of this ordinance, with 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 persons interested, wheather under disability or otherwise, to pay in such installments. All persons electing to pay in installments shall be conclusively considered and held as consenting to said improvements and such election shall be conclusively hold 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 the work, the regularity or sufficiency of the proceedings, or the validity or correctness of the assessments.
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 semi-annually, at the rate of 5 1/2 per centum per annum. The first of said installments of said principal shall be due on the 28th day of February, 1926 and shall be payable on or before said day and the remainder of said installments shall be due on the 28th day of February of each year thereafter until all of said installments are paid in full.
Section 5. That the failing to pay any installment whether of principal or interest, as herein provided, when due shall cause the whole unpaid principal to become due and payable immediately 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 by law provided, but at any time prior to the day of sale, the owner may pay the amount of such delinquent installment or installments, with interest at one per cent per month or fraction of a month, as aforesaid, and all penalties accrued, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered. The owner of any piece of real estate not in default as to any installments, 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 the two per cent added for cost of collection and other incidentals, and of the interest from the date of payment to the 28th day of February, A. D. 1926, shall be made on all payments made during such period of thirty days.
Section 7. That all the provisions of Ordinance No. 178 of the City of Grand Junction, adopted and approved June 11, 1910, as amended, shall govern and be taken to be a part of this ordinance with respect to the creation of said Sidewalk District No. 9 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 and 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 President of the Council and the City Clerk, and shall be in full force and effect on and after the date of such final publication, except as otherwise stated by the Charter of the City of Grand Junction, provided.
Introduced and read at a regular adjourned meeting of the City Council held on the 21st day of December A. D. 1925.
Passed and adopted this 6th day of January A. D. 1926.
/s/ Dr. J. E. Bell
________
President of the Council
ATTEST
/s/ Fred A. Peck
________
City Clerk