ORDINANCE NO. 531

 

AN ORDINANCE APPROVING THE WHOLE COAST OF THE IMPROVEMENTS MADE IN AND FOR CURB AND GUTTER DISTRICT NO. 2 IN THE CITY OF GRAND JUNCTION, COLORADO, PURSUANT TO ORDINANCE NO. 178, ADOPTED AND APPROVED JUNE 11, 1910, AS AMENDED: APPROVING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND OR OTHER REAL ESTATE IN SAID DISTRICT: ASSESSING THE SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND OR OTHER REAL ESTATE IN SAID DISTRICT: AND APPROVING THE APPORTIONMENT OF SAID COST: 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 Curb and Gutter District No. 2 in the City of Grand Junction, pursuant to Ordinance No. 178 of said City, adopted and approved June 11, 1910, 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 improvements in said Curb and Gutter District No. 2, and the apportionment of the cost thereof to all persons interested and to the owners of real estate which is described therein, said real estate comprising the district of land known as Curb and Gutter District No. 2, 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 January 3rd, 1935, and the last publication thereof appearing January 5th, 1935) and

 

WHEREAS, Said Notice recited the share to be apportioned to and upon each lot or 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 said notice, to-wit: On or before and up to 5:00 o'clock P. M. on the 3rd day of February, 1935, 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 Engineer 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 Curb and Gutter District No. 2, duly published in The Daily Sentinel, the official newspaper of the City, and has duly ordered that the cost of said improvements in said Curb and Gutter District No. 2 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 $7,556.20 (which excludes the cost of improving the street and alley intersections, which is to be borne by the City of Grand Junction) said amount including two per cent additional for cost of collection and other incidentals and including interest to the 28th day of February, 1935, 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 whole cost to each lot or tract of land in said district, in the following proportions and amounts severally, to-wit:

 

NOTE: Whenever, in the following description, the numbers 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 shown shall be for each lot.

 

BLOCK 1.

Lots 1 to 12, $24.10; the west one-half of Lot 13, $12.05; East one-half of lot 13, $12.05. Lot 14, $24.10 the north 75 feet of Lots 15, 16, & 17, and the west 10 feet of the south 70 feet of Lot 15, $74.30. The south 70 feet of lots 15, 16 & 17, except the west 10 feet of the south 70 feet of lot 15, $25.56.

 

BLOCK 2.

Lots 1 to 16, $24.09.

 

BLOCK 3.

Lots 1 to 16, $24.09.

 

BLOCK 4.

Lots 1 to 16, $24.09.

 

 

 

CAPITOL HILL SUB-DIVISION:

 

The east 24.5 feet of Lot 17, Capitol Hill Sub. Div.

$23.62.

 

The west 125 feet of tract of land lying between lots 16 & 17, Capitol Hill Sub. Div.

120.48

 

The east 64.25 feet of the west 189.25 feet of tract lying between lots 16 & 17, Capitol Hill Sub. Div.

61.92

 

The west 70.25 feet of the east 210.75 feet of tract lying between lots 16 & 17, Capitol Hill Sub. Div.

67.70

 

The west 75 feet of the east 140.5 feet of tract lying between lots 16 & 17, Capitol Hill Sub. Div.

72.28

 

The east 65.5 feet of tract lying between lots 16 & 17, Capitol Hill Sub. Div.

63.12

 

The west 157 feet of lot 16, Capitol Hill Sub. Div.

151.30

 

The east 75 feet of Lot 16, Capitol Hill Sub. Div.

72.28

 

For that portion of the S.E.1/4 of the S.E.1/4 of Sec. 11, T. 1 S., R. 1 W., Ute P.M. abutting on North Ave.

1,224.57

 

Plus extra work for intersection returns

16.70

 

 

 

BLOCK 7.

The south 50 feet of Lots 1, 2, 3 & 4,

44.33

 

 

The south 45 feet of the north 95 feet of Lots 1, 2, 3 & 4

39.90

 

 

The north 50 feet of Lots 1, 2, 3, & 4

44.33

 

 

Lot 5

11.18

 

 

Lots 28

9.64

 

 

Lot 29

16.86

 

 

Lot 30

24.09

 

 

Lot 31

31.32

 

 

Lot 32

38.55

 

BLOCK 8.

The north 97 feet of Lot 12

7.48

 

 

N. 97 feet of Lot 13

13.08

 

 

N. 97 feet of Lot 14

18.70

 

 

N. 97 feet of Lot 15

24.30

 

 

N. 97 feet of Lot 16

29.92

 

 

The south 48 feet of lot 12

3.70

 

 

S. 48 feet of Lot 13

6.48

 

 

S. 48 feet of Lot 14

9.25

 

 

S. 48 feet of Lot 15

12.03

 

 

S. 48 feet of Lot 16

14.80

 

 

Lot 17

38.55

 

 

Lot 18

31.32

 

 

Lot 19

24.09

 

 

Lot 20

16.86

 

 

Lot 21

9.64

 

 

BLOCK 15.

South1/2 of lots 12, 13, 14, 15 & 16 $60.23; N1/2 of lots 12 & 13, $13.25; N1/2 of lots 14, 15 & 16, $46.98; lot 17, $38.55; lot 18, $31.32; lot 19, $24.09; lot 20, $16.86; lot 21, $9.64.

 

BLOCK 16.

S. 50 feet of lots 1, 2, 3, 4 & 5, $48.18; N. 75 feet of lots 1, 2, 3, 4 & 5, $72.88; south 50 feet of lots 28, 29, 30, 31, & 32, $48.18; north 75 feet of lots 28, 29, 30, 31, & 32, $72.28.

 

BLOCK 29.

South 40 feet of lots 1, 2, 3 & 4, $35.47; south 40 feet of the north 85 feet of lots 1, 2, 3, & 4, $39.88; lot 5, $9.64; lot 28, $9.64; north1/2 of lots 29 & 30, $20.48; south1/2 of lots 29 & 30, $20.47; lot 31, $31.32; lot 32, $38.55.

 

BLOCK 30.

Lot 12, $9.64; north1/2 of lots 13, 14, 15 & 16, $55.41; south1/2 of lots 13, 14, 15 & 16, $55.41; lot 17, $38.55; lot 18, $31.32; lot 19, $24.09; lot 20, $16.86; lot 21, $9.64.

 

BLOCK 37.

Hawthorne Park, $284.31.

 

BLOCK 38.

N.1/2 of lots 1, 2, 3, 4 & 5, $60.23; south1/2 of lots 1, 2, 3, 4, & 5, $60.23; lot 28, $11.56; lot 29, $20.24; lot 30, $28.91; lot 31, $37.59; lot 32, $46.26.

 

BLOCK 51.

Lot 1, $46.26; lot 2, $37.59; lot 3, $28.91; lot 4, $20.24; lot 5, $11.56; lot 28, $9.64; lot 29, $16.86; lot 30, $24.09; lot 31, $31.32; lot 32, $38.55.

 

BLOCK 52.

Lot 12, $11.56; lot 13, $20.24; lot 14, $28.91; lot 15, $37.59; lot 16, $46.26; lot 17, $38.55; lot 18, $31.32; lot 19, $24.09; lot 20, $16.86; lot 21, $9.64.

 

BLOCK 59.

Lot 12, $9.64; lot 13, $16.86; lot 14, $24.09; lot 15, $31.32; lot 16, $38.55; lot 17, $38.55; lot 18, $31.32; east1/2 of lot 19, $12.05; west1/2 of lot 19, $12.04; lot 20, $16.86; lot 21, $9.64.

 

BLOCK 60.

Beginning at S.W. corner of lot 1, Block 60, thence north 49.5 feet, thence east 52 feet, thence south 38.3 feet, thence east 7.5 feet, thence south to the alley line, thence west to point of beginning, lying within lots 1, 2, & 3, block 60, $29.08.

 

 

North 75.5 feet of lots 1 & 2, also land described as follows: Beginning at a point 35 feet south of the N.W. corner of lot 3, block 60, thence east 5.5 feet, thence south 78 feet, thence east 32 feet, thence south 12 feet to the alley line, thence west along alley line 28 feet, thence north 11.25 feet, thence west 7.5 feet, thence north 38.25 feet, thence west 2 feet, thence north 40.5 feet to point of beginning, lying within lots 3 & 4, block 60 -$47.20.

 

 

Beginning at the N. E. corner of lot 4, block 60, thence west 50 feet, thence south 35 feet, thence east 5.5 feet, thence south 78 feet, thence east 32 feet, thence south 12 feet to the alley line, thence east to the S.E. corner of lot 4, block 60, thence north to point of beginning, lying in lots 3 & 4, block 60 - $34.54.

 

 

Lot 5, $9.64; lot 28, $9.64; lot 29, $16.86; lot 30, $24.09; lot 31, $31.32; lot 32, $38.55.

 

BLOCK 73.

Lot 1, $38.55; lot 2, $31.32; lot 3, $24.09; lot 4, $16.86; lot 5, $9.64; lot 28, $11.56; lot 29, $20.24; south 110 feet of lots 30, 31 and 32, $82.65; north 40 feet of lots 30, 31 and 32, $30.11.

 

BLOCK 74.

Lot 12, $9.64; lot 13, $16.86; west 20 feet of lot 14, $19.27; east 5 feet of lot 14, $4.82; lot 15, $31.32; lot 16, $38.55; lot 17, $46.26; lot 18, $37.59; lot 19, $28.91; lot 20, $20.24; lot 21, $11.56.

 

BLOCK 81.

Lot 12, $11.56; lot 13, $20.24; lot 14, $28.91; lot 15, $37.59; lot 16, $46.26; lot 17, $38.55; lot 18, $31.32; east 11 feet of lot 19, $10.60; west 14 feet of lot 19, $13.49; lot 20, $16.86; lot 21, $9.64.

 

BLOCK 82.

Lot 1, $46.26; lot 2, $37.59; lot 3, $28.91; lot 4, $20.24; lot 5, $11.56; lot 28, $9.64; lot 29, $16.86; lot 30, $24.09; lot 31, $31.32; lot 32, $38.55.

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION:

 

SECTION 1. That the whole cost and apportionment of 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 and described.

 

SECTION 2. That said assessments, together with all interest thereon and penalties for default in payment thereof, and all costs in collecting same, shall from the time of final publication of this ordinance, constitute a perpetual lien, against each lot or tract of land herein described, on a parity with the tax lien for General, State, County, City and School taxes, and no sale of such property to enforce any General, State, County, City or School tax or other lien, shall extinguish the perpetual lien of such assessments.

 

SECTION 3. That said assessment shall be due and payable within thirty days after 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 the 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 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 the work, and 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 semi-annually 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, 1935; 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 failure to pay any installments, whether of principal or interest, as herein provided, when due, shall cause the whole 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 eight per cent per annum 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 eight per cent per annum 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 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 the two 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. 1935, shall be made on all payments made during said period of thirty days.

 

SECTION 7. That all the provision 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 Curb and Gutter District No. 2, 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 by the Charter of the City of Grand Junction provided.

 

Introduced and read at a regular meeting of the City Council held on the 6th day of February, A. D. 1935.

 

Adopted and approved the 20th day of February, A. D. 1935.

 

Authenticated and approved the 20th day of February, A. D. 1935.

 

/s/ Allen L. Holcombe

President of the Council

 

ATTEST:

 

/s/ Helen C. Tomlinson

City Clerk

 

I HEREBY CERTIFY that the foregoing ordinance, being Ordinance No. 531, was introduced, read, and ordered published by the City Council of the City of Grand Junction, Colorado, at a regular meeting of said body held on the 6th day of February, A. D. 1935, and that the same was published in The Daily Sentinel, a newspaper published and in general circulation at least ten days before its final passage.

 

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City, this 20th day of February, A. D. 1935.

 

/s/ Helen C. Tomlinson

City Clerk

 

First publication Feb. 9, 1935

Last publication Feb. 21, 1935