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HomeMy WebLinkAbout1980 Ordinance No. 045• • • • • BY AUTHORITY • ORDINANCE NO. 45 SERIES OF 1980 COUNCIL BILL NO. 60 INTRODUCED BY COUNCIL MEMBER FITZPATRICX AN ORDINANCE AMENDING CHAPTER 12 OF THE '69 ENGLEWOOD MUNICIPAL CODE RELATING TO SPECIAL IMPROVEMENT DISTRICTS. WHEREAS, Section 107 of the City Charter of the City of Englewood provides, in part, that the City Council shall, by Ordinance, prescribe the method and manner of making improve- ments, of assessing the cost of such improvements, and for the issuance of bonds for the cost thereof: and WHEREAS, pursuant to the City Charter, the City Council has previously enacted Chapter 12 of the Municipal Code concern- ing special improvement districts to be created within the City; and WHEREAS, the City Council has determined that it is advisable to include within Chapter 12 a limitation period within which an action or proceeding against the City must be commenced in order for the property owner to challenge the creation of the district, the issuance of bonds, the method of assessment, or the construction of the proposed improvements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Chapter 12 of the '69 Englewood Municipal Code is hereby amended by adding a new section relating to limitation of actions, as follows: 12-1-12: LIMITATION OF ACTIONS Any person filing with the City Council at the time of the hearing on the creation of the district a complaint, protest, or objection, shall have the right, within thirty (30) days after the final passage of the ordinance creating the district or the ordinance authorizing the issuance of bonds, to commence an action or suit in any court of competent jurisdiction to correct or set aside any determination by the City Council or questioning the authority or proceedings taken by the City Council relating to the creation of the District, the issuance of bonds, the method of assessment, or the construction of improvements • • • • Thereafter, all actions or suits attacking the validity of the District, the issuance of bonds, the method of assessment, or the construction of improvements, shall be perpetually barred. Section 2. That Chapter 12 of the '69 E.M.C. is further amended by adding a new section relating to the incontestable provision in bonds, as follows: 12-1-13: INCONTESTABILITY PROVISION IN BONDS Any ordinance authorizing the issuance of special improvement bonds may provide that each bond therein authorized shall recite that it is issued under the authority of the City Charter and the procedure ordinance or ordinances adopted pursuant to the City Charter. Such recital shall conclusively impart full compliance with all of the provisions thereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value. Section 3. That if any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various provision• hereof are severable. Section 4. All Ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 5. In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this Ordinance before final passage at 7:30 P.M. on Monday, November 17 1980. , Section 6. This Ordinance, after its final passage, shall be numbered and recorded, 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 Publication. This Ordinance shall become effective thirty (30) days after publication following final passage. Introduced, read in full and passed on first reading on the 3rd day of November, 1980. -2- • • • • Published as a Bill for an Ordinance on the 5th day of November, 1980. Read by title and passed on final reading on the 17th day of November, 1980. ?ublished by title as Ordinance No. on the 19th day of November, 1980. Attest: ~~//-~ Off1ci0t"f Clei'k-r~ surer 45 , Series of 1980, I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final readinq and published by title as Ordinance No. 45 , Series of 1980. -3-.