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Home My WebLink About1979 Ordinance No. 014BY AUTHORITY COUNCIL BILL NO. 19 INTRODUCED AS A BILL BY COUNCIL MEMBER Smith • ORDINANCE NO. /Lf-SERIES OP 1979 AN ORDINANCE CREATING PAVING DISTRICT NO. 26 IN THE CITY OP ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER ANO SIDEWALK IMPROVEMENTS: PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVE- MENTS: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY AND COUNTY OF DENVER AND THE CITY OP SHERIDAN CONCERNING THE CON- STRUCTION WORK: AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT. WHEREAS, the .City Council of Englewood, Colorado, pursuant to the Charter and the Municipal Code of · the City, and the Laws of the State of Colorado, hereby finds and determines that there exists a necessity for the creation of Paving District No. 26, in the City, and the construction and installation therein of street paving, curb and gutter and sidewalk improvements as described herein: and ' • WHEREAS, as ordered by the City Council, the Director of Public Works has prepared and filed plans, specifications, maps and estimates of coat for the proposed improvements1 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 not ice has . . been mailed, postage prepaid, to each known owner of real property within the proposed District: and WHEREAS, at the time and .place set forth in the notice, 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, no protests or object ions were presented or filed: -, - I'. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Sect ion 1. Creation of the District. That a special improvement district for the construct ion, 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, and the Laws of the State of Colorado, and shall be known and designated as "Paving District No. 26". All proceedings heretofore taken and adopted in connect ion 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, including the engineering information ·furnished by the City and County of Denver, are hereby approved and adopted. Sect ion 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 all the real property specially benefited, and fronting or abutt- ing on South Zuni Street between the termini hereafter described, including the real property within one-half (1/2) block of South Zuni Street. Adjustment for the assessment of costs will be made for irregular and odd-shaped lots and parcels of property. Section 4. Description of Improvements. The kind of improvements and the extent of South Zuni Street on which such improvements shall be constructed or installed shall be as follows: ( a ) North sect ion -South z u n i st re et fr om West Yale Avenue to West Dartmouth Avenue. Necessary grading and excavation, paving with S" asphaltic concrete base course and 2" asphaltic concrete surface approx- imately 44 feet in width, concrete walks,· curb and gutter where not already in- stalled: together with appurtenances and incidentals -0n the east one-half of South Zuni Street, from the north side of West Yale Avenue to the north side of West Dartmouth Avenue. -2 - •-••• ..... -• ... ••n•-••ou ••••••••••n•o•oooo\00•0••••••••••••••••••••••••••••0000 000 .. •u ooooooo ou o ooo••••••••OUooooooo .ooo!o oo oo!:".!:"""".~"'!~':"~".:••••.•:·~-.. ••-;.-_,!~•••,:•:-.:::::••=--:::.:::::.: • .. I'. The west one-half of South Zuni Street, between West Yale Avenue and West Dart- mouth Avenue, which is located within the city limits of the City and County of Denver, will be improved by the City and County of Denver at the same time, but the improvements to the west half of the street, and the cost thereof, will not be included in this District. It is antic- ipated that the City of Englewood will enter into an agreement with the City and County of Denver, who will in turn enter into an agreement with the Colorado Department of Highways, relating to the advertisement of construct ion bids, the awar.d of the construct ion contract, and certain other matters relating to the construction of the project. This section is receiving partial funding through the Urban Systems Federal Aid Program. (b) South Section -South Zuni Street from West Dartmouth Avenue to West Floyd Avenue. Necessary grading and excavation, paving with e• compacted gravel base course and 3~ asphalt ic concrete surface approx- imately 4 4 feet in width, concrete walks, curb and gutter where not already installed1 together with appurtenances and incidentals on the east one-half of South Zuni Street, from the south side of West Dartmouth Avenue to the south side of West Floyd Avenue. The west one-half of South Zuni Street, between West Dartmouth Avenue and West Floyd Avenue, which is located within the city limits of the City of Sheridan, will be improved by the City of Sheridan at the same time, but the improvements to the vest half of the street, and the costs thereof, will not be included in this District. It is----ailticipated that the City of Englewood and the City of Sheridan will enter into an agreement relating to the advertisement of construction bids, the award of the construct ion contract, and certain other matters relating to the construction of the project. -3 - Sect ion 5. Improvements Authorized. The construct ion or installation of the street paving, curb and gutter and sidewalk improvements in and for the District, as shown by the plans, specifications and maps thereof, approved by the City Council of the City, is hereby authorized and ordered, the material to be used in the construction of said improvements to be in accordance with such maps, plans and specifications. Section 6. Assessment of Costs. The probable total coat of the improvements to be constructed or installed is $149,300; it is proposed that the City of Englewood will pay approximately $50,0001 the remainder of the cost will be assessed against the property within the district and specially benefited by the construction and installation of the improvements. The approximate share of the total cost to be assessed per front foot against any lot or tract of land fronting or abutting on said improvements will be as more particularly set forth in the resolu- tion passed and adopted on February s, 1979, and which is incor-· porated herein by specific reference. Sect ion 7. Payment of Assessments. The assessments will be due .. and payable without demand within thirty ( 30) days . . from and after the final publication of the Ordinance assessing the whole coat of said · improvements against the real property in the District. In the event any owner of real estate shall fail to pay the whole of such assessment against his or her property within said thirty (30) days, then the whole cost of the improvements so assessed against such property shall be payable in ten ( 1 O) equal annual installments of principal. The first of · such installments of principal shall be due and payale at such time as will be determined in the assessing ordinance and the remainder of said installments shall be due and payable successively o~ the same day in each year thereaft~r, 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. -4 - , ~. 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 purpoae of paying for the local improvements described in this Ordinance, in an amount not to exceed the cost and expenses of •aid improvements, including engineering, legal and incidental expense•, 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 Paving District No. 26, shall not exceed nine (9) per cent per annum. The bond• and the interest thereon shall be payable out ~f special assessments to be levied against the real property in- cluded within the District and specially benefited by the im- provements to be constructed or installed. Section 9. Agreement with the City and County of Denver and the City of Sheridan •• The City is authorized to enter into an Agreement with the City and County of Denver, and the City of Sheridan concerning the construction of the project, the award of the construction contract and certain other matters concerning the project.. The City Council. of the City hereby . authorizes the Mayor of the City to execute the agreement on and in behalf of the City Council and the City, and the Director of Finance, ex-officio City Clerk-Treasurer, to attest the same. Section 10. General Benefits. The City Council hereby f inda 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 benefit upon the City as a whole. Section 11. 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 12. Hearing. 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, April 2, 1979. -s - .. • I'" • Section 13. Publication and Effective Date. This Ordinance, after its final passage, shall be numbered and record- ed, 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 publica- tion following final passage. INTRODUCED AND READ This 19th day of March, 1979. ( S E A L ) rkM~- ATTEST: FINALLY PASSED AND ADOPTED This 2nd day of April, 1979. ( S E A L ) ATTEST: -6 -