HomeMy WebLinkAbout00490ORDINANCE NO I
An Ordinance concerning Street Paving
Be it ordained by the City Council fo the City of Pueblo, Colorado
Section 1.
Whenever there, shall_be presented to the City Council a petition signed by
the owners of two - thirds of the foot frontage of property to be assessed as
herein after provided, asking for the paving of any street or alley, or any part
of any such street or alley, the City Council shall, by resolution, determine the
extent and general character of the paving to be done and the material to be
used, and shall cause details and specifications for such paving to be prepared
by the City Engineer showing the amount of paving to be done and the district
of land to be assessed for the same, together with an estimate of the total cost
of such paving and an- estimate of the amount that will be assessed per front foot
upon each piece of real estate in the District. On the completion of such detail
and specifications the City Engineer shall publish twenty days notice to the property
owners, to be effected by such proposed street paving of the completion of said
details and specifications; which notice shall show the amount of the proposed
paving, the general character thereof and the district of land to be assessed
therefor together with an estimate of the total cost of such paving and an estimate
of the charge per foot frontage to be made therefor, and that the plans and spec-
ifications for such paving are on file in his office subject to inspection by the
general public, which said notice shall be published in some daily paper in general
circulation in the City of Pueblo for twenty days.
Section 2.
If, within the time specified in the notice provided for in the preceding
section, a remonstrance against the proposed street paving shall be filed with
the City Clerk, subscribed by the owners of a majority of the foot frontage which
is to be assessed, the proposed paving shall not be done and proceedings for
the same shall not be renewed within six months thereafter.
Section 3.
After the expiration of the notice provided for in section 1 if no re-
monstrance has been filed the City Council may. by resolution, adopt the details
and specifications so prepared, or make such reasonable changes and alterations
therein, as to them may seem best, and may create and establish a paving district,
comprising the lands to be assessed for such paving, which district shall be
designed by proper name or number and may direct the engineer to advertise for
bids for such paving according to the details and specifications adopted, which
notice shall call attention to the fact that such paving will be done and payment
therefor be made under and in accordance with the provisions of this ordinance.
Section 4.
The contract for such paving shall be let to the lowest responsible bidder,
and shall specify the mode of payment hereinafter provided for.
Section 5.
The cost of such paving, except in the intersection of streets and alleys
and except the share to be paid by the Street railway com panics, shall be assessed
on all the lots and lands abutting on the streets paved, in proportion as the
frontage of each lot or tract of land is to the frontage of all the lots and lands
so improved. The sides of corner lots, which abut on the streets so paved, being
regarded as frontage, provided, that where real estate abutting on the street paved
consists of lots or lands which are not of substantially equal depth, then the
same may be assessed to a substantially equal depth not less than twenty nor more
than one hundred and fifty (150) feet from the street paved, in such manner as
to render such assessment just and equitable.
Section h.
The cost of paving each street intersection except the share ro be paid by
the Street Railway Companies shall be assessed upon thefrontage on the street
paved and on the on the intersecting street, within a distance of one -half block
in each direction from such intersects n in proportion to the frontage of each
piece of real estate on the street paved, or on the intersecting street or on
both, within said distance. The cost of each alley intersection shall be assesd
upon all the real estate in the setae block in proportion to the frontage on the
street paved.
Section 7.
In case of the paving of any alley in any block, the whole cost in each block
shall be assessed upon all the lots abutting upon the alleys so paved in the same
block, in proportion to the frontage of each lot on such alley so paved.
Section 8.
When any real estate, so to be assessed, is "Vt' shaped or of an irregular
form, the City Council shall make such allowance in the assessment thereof as
to them may seem equitable and jsut; and in case of any unusual area or proportion
of intersections, the city Council may direct that not exceeding one —half of the
cost of any such unusual intersection be paid for by the City and assess the
remainder only to the abutting property.
Section 9.
Upon completion of any such paving or whenever the total cost of any such
paving can be definately ascertained, the City Engineer shall prepare a statement
showing the whole cost of the paving, including six percent additional for costs
of collection and other incidentals and interest at eight per cent per annum to
the next succeeding date upon which general taxes become delinquent by the laws
of this state, and apportion the same upon each lot or tract of land to be a:- ,sessed
for the sum as hereinafter provided, which statement shall be certified to by the
City ;Engineer and filed in the office of the City Clerk.
Section 10.
The City Clerk shall there upon by advertising for twnety days in so?e news-
paper in general circulation in the City of Pueblo, notify the owners of real estate
to be assessed, that said paving has been, or is about to be completed, therein
specifying the whole, cost of the paving and the share so apportioned to each lot
or tract if land, and that any complaints or objections that may be made in writing
by the owners to the City Council and filed with the City Clerk, within thirty (30)
days from the first publication of said notice, will be heard and determined
by the City Council before the passage of any ordinance assessing the cost of
such paving.
Section.11,
After the expiration of the period specified in the notice provided for in
the foregoing section the City Council sitting as a Board ofEqualization shall hear
and determine all such complaints and objections as may be made by the owners of
property assessed, andmay thereupon make such modifications and changes as to them
may seem equitable and just, and shall thereupon by ordinance assess the cost of
said paving against all real estate in said district respectively in the proportion
above mentioned.
Section 12
The City Auditor shall prepare a local assessmant 7011 in dupiicate, in
book form showing in suitable colums each piece of real estate assessed and the
amounts of the assessment thereon, with suitable colums for use in case of payment
and deliver the same tothe City Treasurer for collection.
Section 13.
All such special assessment for street paving shall be due and payable to
the City Treasurer within thirty (30) days after the first publication of the
assessing ordinance without demand and all persons paying said assessments to
the City Treasurer within said thirty days shall be allowed a discount equal to
the six percent added to cover cost of collection and interest to the next succeed—
ing date on which general taxes become delinquent.
Section 14.
At the expiration of said thirty (30) days the City Treasurer shall return
one copy of the asses"ent roll to the City Auditor, showing all payments made
thereon, with the date of each payment. The City Auditor shall then prepare a
permanent assessment roll showing all assessments unpaid, with suitable colums
for use in case of payment of said assessments; which said assessment roll sliall
be certified by the City Clerk under the seal of the City and delivered by the City
Clerk to the County Treasurer with the warrant of the City Clerk for collection of
the same.
Section 15.
The City Treasurer shall keep a seperate account of all funds received by him
either direct from the o.mers of property assessed or through the County Treasurer
belonging to any such paving district fund.
Section 16.
Warrants drawn on any such paving district fund shall bear interest at
eight (8) per cent per annum from and after presentation for payment to the City
Treasurer as in case of other warrants, and shall be paid in the order of their
presentation for payment. Warrants drawn on any such paving district fund may
be called in and the interest stopped by the City Treasurer as in the case of other
warrants.
Passed and Approved
Attest
City Clerk
February 10th A.D. 1896
Approved
A. G, King
Mayor