ORDINANCE NO. 2507
AN ORDINANCE APPROVING THE ASSESSABLE COST OF THE IMPROVEMENTS MADE IN AND FOR ALLEY IMPROVEMENT DISTRICT NO. ST-90, IN THE CITY OF GRAND JUNCTION, COLORADO, PURSUANT TO ORDINANCE NO. 178, ADOPTED AND APPROVED THE 11TH DAY OF JUNE, 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; APPROVING THE APPORTIONMENT OF SAID COST AND PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENT.
WHEREAS, the City Council and the 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 Alley Improvement District No. ST-90, in the City of Grand Junction, pursuant to Ordinance No. 178 of said City, adopted and approved June 11, 1910, as amended, being Chapter 18 of the Code of Ordinances of the City of Grand Junction, Colorado, 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 improvements in said Alley Improvement District No. ST-90, 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 Alley Improvement District No. ST-90, 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 December 23, 1990 and the last publication thereof appearing on December 25, 1990); 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 (30) days from the first publication of said Notice, and that such complaints would be heard and determined by the Council at its first regular meeting after the said thirty (30) days and before the passage of any ordinance assessing the cost of said improvements; and
WHEREAS, certain letters have been made or filed with the City Clerk as set forth in said Notice: and
WHEREAS, the City Council has fully confirmed the statement prepared by the City Engineer and certified by the President of the Council showing the assessable cost of said improvements and the apportionment thereof heretofore made as contained in that certain Notice to property owners in Alley Improvement District No. ST-90, duly published in the Daily Sentinel, the official newspaper of the City, and has duly ordered that the cost of said improvements in said Alley Improvement District No. ST-90, be assessed and apportioned against all of the real estate in said District in the portions contained in the aforesaid Notice; and
WHEREAS, the Alley Improvement District ST-90 was created in a manner that made no consideration for corner lot properties; and
WHEREAS, the City Council has determined that properties situated on corner lots should be assessed on the long side only; and
WHEREAS, from the statement made and filed with the City Clerk by the City Engineer, it appears that the assessable cost of the said improvements is $25,548.43; and
WHEREAS, from said statement it also appears the City Engineer has apportioned a share of the assessable cost to each lot or tract of land in said District in the following proportions and amounts, severally, to wit:
ALLEY 4TH TO 5TH, OURAY TO CHIPETA:
TAX SCHEDULE NO.: 2945-142-33-001 LEGAL DESCRIPTION: LOTS 1 & 2, BLOCK 59, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $318.00
TAX SCHEDULE NO.: 2945-142-33-002 LEGAL DESCRIPTION: LOTS 3 & 4, BLOCK 59, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $318.00
TAX SCHEDULE NO.: 2945-142-33-003 LEGAL DESCRIPTION: LOTS 7 & 8, BLOCK 59, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $318.00
TAX SCHEDULE NO.: 2945-142-33-004 LEGAL DESCRIPTION: LOTS 9 & 10, BLOCK 59, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $318.00
TAX SCHEDULE NO.: 2945-142-33-008 LEGAL DESCRIPTION: LOT 6, BLOCK 59, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $159.00
TAX SCHEDULE NO.: 2945-142-33-009 LEGAL DESCRIPTION: LOT 5, BLOCK 59, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $159.00
TAX SCHEDULE NO.: 2945-142-33-010 LEGAL DESCRIPTION: BEGINNING AT THE NE CORNER LOT 17, THENCE SOUTH 39.32 FEET, THENCE WEST 18 FEET, THENCE N 68 DEG. 03 MIN. W 14.87 FEET, THENCE WEST 31.35 FEET, THENCE NORTH 32.92 FEET, THENCE EAST 62.75 FEET TO BEGINNING, BLOCK 59, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $397.50
TAX SCHEDULE NO.: 2945-142-33-012 LEGAL DESCRIPTION: THE WEST HALF OF LOT 19 AND ALL OF LOTS 20 AND 21, BLOCK 59, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $397.50
TAX SCHEDULE NO.: 2945-142-33-013 LEGAL DESCRIPTION: LOTS 24 AND 25, BLOCK 59, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $318.00
TAX SCHEDULE NO.: 2945-142-33-014 LEGAL DESCRIPTION: LOTS 22 AND 23, BLOCK 59, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $318.00
TAX SCHEDULE NO.: 2945-142-33-015 LEGAL DESCRIPTION: LOTS 26 & 27, BLOCK 59, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $318.00
TAX SCHEDULE NO.: 2945-142-33-016 LEGAL DESCRIPTION: LOTS 28, 29 AND THE EAST HALF LOT 30, BLOCK 59, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $397.50
TAX SCHEDULE NO.: 2945-142-33-017 LEGAL DESCRIPTION: WEST HALF LOT 30 AND ALL LOTS 31 AND 32, BLOCK 59, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $397.50
TAX SCHEDULE NO.: 2945-142-33-018 LEGAL DESCRIPTION: LOTS 11 THROUGH 16, INCLUSIVE, BLOCK 59, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $954.00
"T" ALLEY 6TH TO 7TH, GRAND TO OURAY
TAX SCHEDULE NO.: 2945-141-37-001 LEGAL DESCRIPTION: LOTS 11 AND 12 AND THE NORTH HALF OF LOT 13, BLOCK 72, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $397.50
TAX SCHEDULE NO.: 2945-141-37-020 LEGAL DESCRIPTION: SOUTH ONE-HALF LOT 13 AND ALL LOTS 14 AND 15, BLOCK 72, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $861.14
TAX SCHEDULE NO.: 2945-141-37-003 LEGAL DESCRIPTION: LOTS 16, 17 AND 18, BLOCK 72, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $861.14
TAX SCHEDULE NO.: 2945-141-37-004 LEGAL DESCRIPTION: LOTS 19, 20 AND 21, BLOCK 72, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $000.00
TAX SCHEDULE NO.: 2945-142-42-001 LEGAL DESCRIPTION: LOTS 1, 2 AND THE WEST HALF OF LOT 3, BLOCK 72, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $397.50
TAX SCHEDULE NO.: 2945-142-42-002 LEGAL DESCRIPTION: THE EAST HALF OF LOT 3 AND ALL OF LOT 4, BLOCK 72, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $238.50
TAX SCHEDULE NO.: 2945-142-42-003 LEGAL DESCRIPTION: LOTS 5 AND 6, BLOCK 72, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $318.00
TAX SCHEDULE NO.: 2945-142-42-004 LEGAL DESCRIPTION: LOTS 7 AND 8, BLOCK 72, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $318.00
TAX SCHEDULE NO.: 2945-142-42-005 LEGAL DESCRIPTION: LOTS 9 AND 10, BLOCK 72, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $795.00
TAX SCHEDULE NO.: 2945-142-42-006 LEGAL DESCRIPTION: LOT 22, BLOCK 72, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $596.25
TAX SCHEDULE NO.: 2945-142-42-007 LEGAL DESCRIPTION: LOTS 23 AND 24, BLOCK 72, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $1,192.50
TAX SCHEDULE NO.: 2945-142-42-008 LEGAL DESCRIPTION: LOTS 25 AND 26, BLOCK 72, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $1,192.50
TAX SCHEDULE NO.: 2945-142-42-009 LEGAL DESCRIPTION: LOT 27 AND THE EAST 5.0 FEET OF LOT 28, BLOCK 72, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $715.50
TAX SCHEDULE NO.: 2945-142-42-010 LEGAL DESCRIPTION: THE WEST 20.0 FEET OF LOT 28 AND ALL OF LOT 29, BLOCK 72, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $1,073.25
TAX SCHEDULE NO.: 2945-142-42-011 LEGAL DESCRIPTION: LOTS 30 AND 31, BLOCK 72, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $1,192.50
"T" ALLEY 7TH TO 8TH, HILL TO TELLER
TAX SCHEDULE NO.: 2945-141-14-002 LEGAL DESCRIPTION: ALL OF LOT 13 AND THE WEST HALF OF LOT 14, BLOCK 27, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $238.50
TAX SCHEDULE NO.: 2945-141-14-005 LEGAL DESCRIPTION: LOTS 18 AND 19, BLOCK 27, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $318.00
TAX SCHEDULE NO.: 2945-141-14-006 LEGAL DESCRIPTION: LOTS 1 THROUGH 5, INCLUSIVE, BLOCK 27, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $890.40
TAX SCHEDULE NO.: 2945-141-14-007 LEGAL DESCRIPTION: THE WEST HALF OF LOT 27 AND ALL OF LOT 28, BLOCK 27, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $795.00
TAX SCHEDULE NO.: 2945-141-14-008 LEGAL DESCRIPTION: LOT 26 AND EAST HALF OF LOT 27, BLOCK 27, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $238.50
TAX SCHEDULE NO.: 2945-141-14-009 LEGAL DESCRIPTION: LOTS 24 AND 25, BLOCK 27, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $318.00
TAX SCHEDULE NO.: 2945-141-14-010 LEGAL DESCRIPTION: LOTS 22 AND 23, BLOCK 27, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $318.00
TAX SCHEDULE NO.: 2945-141-14-011 LEGAL DESCRIPTION: LOTS 20 AND 21, BLOCK 27, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $318.00
TAX SCHEDULE NO.: 2945-141-14-012 LEGAL DESCRIPTION: THE EAST HALF OF LOT 14 AND ALL OF LOT 15, BLOCK 27, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $238.50
TAX SCHEDULE NO.: 2945-141-14-014 LEGAL DESCRIPTION: LOTS 16 AND 17, BLOCK 27, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $318.00
TAX SCHEDULE NO.: 2945-141-14-015 LEGAL DESCRIPTION: LOTS 6 THROUGH 12, INCLUSIVE, BLOCK 27, CITY OF GRAND JUNCTION, COLORADO.
ASSESSMENT . . . $6,320.25
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION:
Section 1. That the assessable cost and apportionment of the same, as hereinabove 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 in the portions and amounts which are severally hereinbefore set forth and described.
Section 2. That said assessments, together with all interests and penalties for default in payment thereof, and all cost of collecting the same, shall from the time of final publication of this Ordinance, constitute a perpetual lien against each lot 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 assessment.
Section 3. That said assessment shall be due and payable within thirty (30) 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 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 (10) equal annual installments of the principal, with simple interest at the rate of 8% being charged to and upon any unpaid installments and being payable annually. The first of said installments of principal shall be due and payable within thirty days after the final publication of this Ordinance and the remainder of said installments shall be due on the first day of January 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 8 percent per annum until the day of sale, as by law provided; but at any time prior to the date of sale, the owner may pay the amount of such delinquent installment or installments, with interest at 8 percent 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 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 Finance Director at any time within thirty days after the final publication of this Ordinance, and an allowance of the six percent added for cost of collection and other incidentals shall be made on all payments made during said period of thirty days.
Section 7. That the monies remaining in the hands of the City Finance Director as the result of the operation and payments under Alley Improvement District No. ST-90, shall be retained by the Finance Director and shall be used thereafter for the purpose of further funding of past or subsequent improvement districts which may be or may become in default.
Section 8. That properties which have two sides abutting an improved alley shall be assessed for the longest side only.
Section 9. That all provisions of Ordinance No. 178 of the City of Grand Junction, as amended, being Chapter 18 of the Code of Ordinances of the City of Grand Junction, Colorado, shall govern and be taken to be a part of this Ordinance with respect to the creation of said Alley Improvement District No. ST-90, the construction of the improvements therein, the apportionment and assessment of the cost thereof and the collection of such assessments.
Section 10. 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 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 signature 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 provided by the Charter of the City of Grand Junction.
PASSED and ADOPTED this 6th day of March, 1991.
____________________
President of the Council
Attest:
____________________
City Clerk
I HEREBY CERTIFY that the foregoing ordinance, being Ordinance No. 2507, 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, 1991, and that the same was published in The Daily Sentinel, a newspaper published and in general circulation in said City, 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 7th day of March, 1991.
____________________
Neva B. Lockhart, CMC
City Clerk
Published: February 15, 1991
Final Publication: March 8, 1991
Effective: April 7, 1991