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HomeMy WebLinkAbout1980 Ordinance No. 035• . . • ORDINANCE NO. 35 SERIES of 1980 BY AUTHORITY COUNCIL BILL NO. 42 ---INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE CREATING DOWNTOWN IMPROVEMENT DISTRICT NO.' 1980-1, IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATIO OF CERTAIN WALK-THROUGH AND PARKING LOT IMPROVEMENTS: PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR PART OF THE COSTS OP THE IMPROVEMENTS1 AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT. WHEREAS, the City Council of Englewood, Colorado, pursuant to the Char~er and the Municipal Code of the City, and the Lava of the State of Colorado, hereby finds and determines that there exists a necessity for the creation of Downtown Im- provement District No. 1980-1, in the City, and the construction and installati on therein of certain walk-through and parking improvements: and WHEREAS, Notice of a public hearing concerning the • creation of the District and the construction and installation of the improvements therein has been published once a week for three consecutive weeks in the Englewood Herald-Sentinel, a newspaper of general circulation in the City, and in addition, a notice has been mailed, postage prepaid, to each known owner of real property . within the proposed District; and • WHEREAS , on Monday, July 14, 1980, the City Council met in open session for the purpose of hearing any objections or protests that might be made against the proposed District or the improvements to be constructed or installed: and WHEREAS, as a result of such hearing, the City Council, by Resolution, made certain changes with respect to the boundary of the proposed District, the kind of proposed improvements, the estimate of cost and the method of assessment, and a further hearing on the proposed District was held on September 8, 1980; and WHEREAS, all such protests and objections presented at that time were heard and considered by the City Council, and the Council haa determined that the improvements should be constructed -1 - ~· • and installed as described in the Resolution previously passed and adopted on August 11, 1980: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section l. improvement district Creation of the District. That a special for the construction, installation or im- provement of the improvements hereinafter described, is hereby created and established in accordance with the Charter and the Municipal Code of the City, an~ the Laws of the State of Colorado, and shall be known and designated as •Downtown Improvement Dis- trict No. 1980-1•. All proceedings heretofore taken and adopted in connection with the District are hereby ratified, approved and confirmed. Section 2. Engineering Plans and Specifications. That the engineer's reports, together with all of the details, specifi- cations, estimates, maps and schedules thereto attached or ap- pended, are hereby approved and adopted. Section 3. District Boundary. The extent of the • District to be assessed for the cost of the improvements and the area to be included within the boundary of the District, shall be as follows: • -2 - • • • REVISED LEGAL DESCRIPTION OF EDDA IMPROVEMENT DISTRICT Beginning at a point 8 feet East of the Northeast corner Lot 10, Block 4, Premier Addition; thence South 25 feet; thence East along the North line of Lot 14, Block 4 and Lot 11, Block 3, Premier Addition to a point 8 feet East of the Northeast corner, Lot 11, Block J, Premier Addi- tion; thence South to the centerline of Baat Girard Ave. thence Baat along aaid centerline to the centerline of South Sherman Street; thence Southwardly on South Sherman to a point East of the South line of Lot 40, Block 2, of Birch'• Addition to South Broadway Heights; thence westerly along the South line of said Lot 40, to the centerline of the vacated alley between South Sherman and South Lincoln; thence South along the centerline of the vacated alley to a point East of the South lot line of Lot 15 of said Block; thence weaterly along the South line of aaid Lot 15 to the centerline of South Lincoln Street; thence Southwardly to a point Eaat of the South line of Lot 35, Block l, of Birch'• Addition to South Broadway Heighta, and Weaterly along the South line of said Lot 35 and Lot 16, Block l of Birch's Addition to South Broadway Height•, to the centerline of South Broadway1 thence North to a point Eaat of the South line of Lot 48, Block l, Shadyside Addition; thence Weaterly along the south line of said Lot 48 to the centerline of the vacated alley between South Broadway and South Acoma; thence North along said alley to the Centerline of West Girard Avenue; thence East along said Centerline to the Centerline of South Broadway; thence North along Centerline South Broadway to a point SO feet West of the Extended North line Lot 10, Block 4, Premier Addition; thence East along said North line to the point of beginning. All located in the City of Englewood, County of Arapahoe, State of Colorado • -3- .. • • • Section 4. Description of Improvements. The kind of improve ents to be constructed or installed shall be as fol- lows: ( i ) (ii) Walk-through i mprovements at 3448/3450 South Broadway to connect the proposed parking lot with South Broadway1 Parking lot for approximately 130 spaces in the 3400 block of South Lincoln Street. Secti on 5. Improvements Authorized. The construction or installation of the improvements in and for the District, as shown by the plans, specificat i ons and maps thereof, approved by the City Coun cil of the City, is hereby authorized and ordered, the material t o be used in the construction of said improvements to be in acco rdance wi th suc h maps, plans and specifications. Sec t i on 6. Assessment of Costs. The probable total cost of the i mprovements to be constructed or installed is $589, 300; it is anticipated that the City of Englewood will pay approximately $161 ,00 0 and the Englewood Downtown Development Authority approx i mately $96 ,000 toward the total project cost1 the re ainder of th e cost wi ll be assessed against the property within the district and specially benefited by the construction and installation of the improvements. The approximate share of the tot a l c ost to be assessed will be in accordance with the method of ass e s s ment des cribed in the resolution of the City Council, passed and adopted on August 1 1 , 1980, and which is incorporated herein by spe c i fic reference. A Restriction shall apply so as to limit any ainqle a sse s s me._nt not tof exceed more than ~40,000. sec ~1on 7 . Payment o Assessments. Tue assessments will be due and payable without demand within thirty (30) days from and after the final publ i cation of the Ordinance assessing th e whole cos t of said improvements against the real property in th e Distric t. In the event any owner of real estate shall fail to pay t he whole of suc h assessment against his or her prope r ty withi n said thirty (30 ) days, then the whole cost of the improve ments s o assessed against such property shall be payable in ten ( 10) equal annual insta l lments of principal. The first of such installments of pr i ncipa l shall be due and payable at such time a s will be determined in the assessing ordinance and the -4 - . .. • • • remainder of said installments shall be due and payable succes- sively on the same day in each year thereafter, until all are paid in full. The rate of interest to be paid on unpaid and deferred installments will be established by ordinance to be adopted by the City Council at a later date. Section 8. Special Improvement Bonds. By virtue of and pursuant to said laws and the Charter and the Municipal Code of the City, local improvement bonds of the City shall be issued for the purpose of paying for the local improvements described in this Ordinance, in an amount not to exceed the cost and expense of said improvements, including engineering, legal and incidental expenses, as provided by law. The bonds shall be issued based upon estimates approved by the City Council, and as authorized by an Ordinance to be passed by the City Council at a later date. The maximum rate of interest on special improvement bonds for Downtown Improvement District No. 1980-1, shall not exceed twelve (12 ) per cent per annum. The bonds and the interest thereon shall be payable out of special assessments to be levied against the real property included within the District and specially benefited by the improvements to be constructed or installed. Section 9. General Benefits. The City Council hereby finds and determines that the improvements proposed to be con- structed and installed will confer a special benefit upon the property within the District and a general b~nef it upon the City as a whole. Section 10. Severability. That if any one or more sections or parts of this Ordinance shall be adjudged unenforce- able or invalid, such judgment shall not affect, impair or inval- idate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 11. Hearing. In accordance with Section 40 of the Ci~y Charter, the City Council shall hold a public hearing on this ordinance, before final passage, at 7:30 P.M. on 6th day of October , 1980 • -5 - ~· • • • Section 12. Publication and Ef·fective Date. This Ordinance, after its final passage, shall be numbered and re- corded, and the adoption and publication shall be authenticated by the signature of the Mayor and the Director of Finance, ex officio City Clerk-Treasurer, and by the Certificate of Publica- tion. This Ordinance shall become effective thirty (.30) days after publication following final passage. Introduced, read in full and passed on first reading on the 15th day of September, 1980. Published as a Bill for an Ordinance on the 17th day of September, 1980. Read by title and passed on final reading on the 6th day of October, 1980. Published by title as Ordinance No. 35 , Series of 1980, on the 8th day of October, 1980 • Attest: I, Gary R. Higbee, ex officio City Clerk-Treasurer and Director of Finance of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, correct and complete copy of the Ordinance passed on final reading and pub- lished by title as Ordinance No. 35 , Series of 1980. az<l~P~ Gary R. HJ:ee -6-