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HomeMy WebLinkAbout1980 Ordinance No. 039• • • ORDINANCE NO. 39 SERIES OP 1980-- BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY -- Council Member Bradshaw AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE WITHIN THE SOUTH SECTION IN PAVING DISTRICT NO. 26, IN THE CITY OF ENGLE- WOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID SOUTH SECTION1 ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE SOUTH SECTION; PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS1 AND DECIARING AN EMERGENCY. WHEREAS, by Ordinance No. 14, Series of 1979, finally passed and adopted on April 2, 1979, the City Council has created Paving District No. 26, within the City of Englewood, for the purpose of constructing and installing street paving, curb, gutter and sidewalk improvements, together with necessary incidentals, on certain streets within the City; and WHEREAS, the improvements within the South Section of t he District authorized by said Ordinance have been completed and accepted by the City and the whole cost of •Ufh improvements has been determined; and WHEREAS, an assessment roll has been prepared fc;>r the South Section and a statement showing the total cost of the im provements has been duly filed with the City Council 1 and WHEREAS, from the statement made and filed with the C ity Council, it appears that the whole cost of said improve- ments within the South Section is the amount of $73,522.26, of wh ich amount the City of Englewood will pay $11,654.76 leaving $61,867.50 to be assessed against the real property within the s outh Section in the District, said amount including costs of inspection, collection and other incidentals and also including in terest as allowed by law; and WHEREAS, from said statement it also appears that the Ci ty Council has apportioned a share of the whole cost to each lot -1- • ,. or tract of land within the South Section in the District, in accordance with the benefits to be derived by said property and in th e proportions and amounts severally set forth in Exhibit A attached to this Ordinance; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY .OF E GLEWOOD, COLORADO: Section 1. Confirmation of Assessment Roll. That the whole cost and apportionment of the same within the South Section i s hereby approved and confirmed, and said apportionment is hereby d eclared to be in accordance with the special benefits which the p roperty in the South Section in the District .will receive by reason of the construction of said improvements, and a share of said cost is hereby assessed to and upon each lot or tract of land within the South Section in the District in the proportions and a mounts as set forth in the assessment roll, attached hereto as Exhibit A. Section 2. Payment of Assessments. That the assess- ments shall be due and payable at the office of the Director of • F inance of . the City of Englewood, within thirty days after th e final publication of this Ordinance, without demand; provided that all such assessments may, at the election of the property owner, be paid in installments, with interest as hereinafter p rovided. Failure to pay the whole ass~ssment within said period o f thirty days shall be conclusively considered and held an e l ection on the part of all persons interested, whether under di sability or otherwise, to pay in said installments. • Such election shall be conclusively held and c onsidered as a waiver of any right to question the power or j urisdiction of the City of Englewood to construct the improve- ments, the quality of the work, the regularity or sufficiency of th e proceedings, or the validity or the correctness of the as- se ssments, or the validity of the lien thereof. In the event of such election to pay in inatall- men ts, the assessments shall be payable at the office of the County Treasurer of Arapahoe County, Colorado in ten (10) equal an nual installments of principal, the first of which installments -2- ' J • •• ' . of principal shall be due and ~ayable on or before the 1st day ~f January, 1981, and the remainder of said installments shall be due and payable successively on or before the 1st day of January, in each year thereafter until paid )n full,_ with interest on the unpaid principal amount at the rate of 10.SO• per annum, com- mencing on the date of publication of this ordinance by title following final passage and payable each year at the time of 'aying ·installments of assessments. Section 3. Penalty for Default or Non-Payment. Failure to pay any installment, whether of principal or interest, when due shall cause the whole of the 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 one per centum (lt) per month, or fraction of a month, until the date of tax sale, as provided by law. At any time prior to the date of the tax sale, the owner may pay the amount of all unpaid installments with interest at one per centum (l•) per month, or . . fraction of a month, and all penalties accrued and ahall thereupon be restored to the right thereafter to pay in inatallments in • the same manner as if default had not been suffered. The owner of any property not in default as to any installment or payment may, at any time, pay the whole of the unpaid principal with accrued interest to the date of the next assessment installment. payment • date. Section 4. Discount on Payment of Assessments. Pay- ments may be made to the Director of Finance at any time within thirty days after the final publication of this Ordinance, and an allowance of five per centum ( s•) will be made on all payment& made during such period, but not thereafter. The discount of 5' shall apply to .all such payments, whether the payment is the • entire amount of assessment due, or a part of the assessment. Immediately after the expiration of such thirty day period, the assessments shall be certified to the County Treasurer of Arapahoe County, Colorado, for collection, as provided by law. section s. Assessment Lien. All assessments levied a gainst the real property with~n the South Section in Paving -3- District No. 26, together with .all interest thereon and penalties fo r default in payment thereof, and all costs in collecting the • same, shall constitute, from the date of the final publication of this ordinance, a perpetual lien iD the several amounts .assessed against each lot or tract of land. Such lien shall have priority over all other liens except general tax liens, and shall be enfo rced in accordance with the laws of the State of Colorado. • • If any tract of real ·property included within the South Section in the District is hereafter divided or aub- d iv ided into two or more such tracts or parcels, the Direc- tor of Finance, with the assistance of the Director of Public Works, is hereby authorized and directed to divide the asseaament against such tract in the same proportion that the tract itself is subdivided into two or more such parcels, and to certify the revised assessments to the County Treasurer of Arapahoe County, Colo rado. Section 6. Payment of Special Assessment Bonds. . The amount of assessments herein levied against the property · specially benefited within the South Section, in the total amount of $61,867 .50, ·together with the proceeds of the bond iaaue and not needed for the construction of the improvements, if any, and the amount of the assessments to be levied against the property within the North Section in the District at a later date, will be in an amount sufficient for the payment of the' outstanding bonds previ- ously issued for Paving District No. 26, dated June 1, 1980, in the principal amount of $100,600. At such time as the improvements within the North Section are completed and that portion of the cost of the project ha• been determined, the City Council shall consider an ordinance levying the assessments against the property within the North Section. section 7. 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 in- validate the remaining provisions of this Ordinance, it being the i n tention that the va ri ous provisions hereof are severable • -4- '·' • • Section a. Emergency Provision. By reason of the fact that bonds of Paving Diatrict No. 26 are now outstanding and that • interest thereon will •hortly become due and payable, funds must be made available fro• a•••••••n-t• at the earlieat possible date for payment of aucb intere•t, and for the immediate pre-, servation of the public property, health, peace and safety, it is hereby· declared that an -ergency exi~ts and. that this Ordinance shall take effect upon it• final pa•aage. Section 9. Repealer. All ordinances, or parts thereof, in conflict herewith are hereby repealed. Section 10. Bearing. In accordance with the City Charter and th• Municipal Code of th• City, the City Council ahall hold a public bearing on tbi• ordinance, before final paaaage at 7: 30 P .M. or at aucb later ti.. on October 6, 1980, aa Council is able to bear it in ~t• normal courae. Section 11. Publication and Effective Date. This Ordinance, after ita final passage, aball be numbered and record- ed, and th• adoptian and publication •hall be authenticated by the signature ~f th• May r and the Director of Finance, ex-off1tcio City Clerk-Treaaurer, and by the Certificate of Publication. This ordinance aball take effect iamediately upon final P••aage and shall be publi•h•d within ••v•n days thereof. Intr o duced, read in full and passed on first reading on the 2nd day of September, 1980. Publi shed a s a Bill for an Ordinance on the 10th, 17th, and 2 4 th day s of September, 1980. Read b y title and passed on final reading on the 20thday of October, 1980. Publi shed by title as Ordinance No. 39 , Series of 1980, o n the 22nd day of October, 1980. Atte st: I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate and complete copy of the Ordinance passed on fin al reading and published by title as Ordinance No. 39 , Seri s of 1980 .