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HomeMy WebLinkAbout1979 Ordinance No. 024• • • ORDINANCE NO •. 24 SERIES OF 1979 BY AUTHORITY COUNCIL BILL NO. 23 INTRODUCED BY Councilman Clayton AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN PAVING DISTRICT NO. 23 IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT 01 ~ TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBING THE MANNER FOR COLLECTION AND PAYMENT OF SAID ASSESSMENTS. WHEREAS, by Ordinance No. 23, Series of 1976, finally passed and adopted on June 7, 1976, the City Council has created Paving District No. 23 within the City of Englewood for the purpose of constructing and installing street paving, curb, gutter, and side- walk improvements, together with necessary incidentals, on West Dartmouth Avenue within the City; and WHEREAS, the improvements authorized by said Ordinance have been completed and accepted by the City and the whole cost of such improvements has been determined; and WHEREAS, an assessment roll has been prepared and a state- ment showing the total cost of the improvements has been duly filed with the City Council; and WHEREAS, from the statement made and filed with the City Council, it appears that the whole cost of said improvements is $312,401.27. The amount to be paid by the Urban Systems Highway Program is $224,880.86. The City will pay $28,869.45, leaving $58,650.96 to be assessed against the real property in the District, said amount including costs of inspection, collection and other incidentals and also including interest as allowed by law; and WHEREAS, from said statement it also appears that the City Council has apportioned a share of the whole cost to each lot or tract of land in the District, in accordance with the benefits to be derived by said property and in the proportions and amounts severally set forth in Exhibit A attached to this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: • • • Section 1. Confirmation of Assessment Roll. That the whole cost and apportionment of the same is hereby approved and confirmed, and said apportionment is hereby declared to be in accordance with the special benefits which the property in the District will receive by reason of the construc- tion of said improvements, and a share of said cost is hereby assessed to and upon each lot or tract of land within the District in the proportions and amounts as set forth in the assessment roll, attached hereto as Exhibit A. Section 2. Payment of Assessments. That the assessments shall be due and payable at the off ice of the Director of Finance of the City of Englewood, within thirty days after the 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 herein- after provided. Failure to pay the whole assessment within said period of thirty days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in said installments. Such election shall be conclusively held and considered as a waiver of any right to question the power or jurisdiction of the City of Englewood to construct the improvements, the quality of work, the regularity or sufficiency of the proceedings, or the validity or the correctness of the assessments, or the validity of the lien thereof. In the event of such election to pay in installments, the assessments shall be payable at the off ice of the County Treasurer of Arapahoe County, Colorado, in ten (10) equal annual installments of principal, the first of which installments of principal shall be due and payable on or before the 1st day of January, 1980, and the remainder of said installments shall be due and payable successively on or before the lat day of January in each year thereafter until paid in full, with interest on the unpaid principal amount at the rate ' of s.so~ per annum, conunencing on the date of publication of th s Ordinance by title following final passage, and payable each ¥ear at the time of pay- ing installments of assessments. Section 3. Penalty for Default or Nonpayment. I Failure to pay any installment, whether of principal or interest, when due shall cause the whole of the unpaid principal -2- • • 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 percent Cl•) 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 the rate of one percent Cl•) per month, or fraction of a month, and all penalties accrued and shall the~eupon be restored to the right thereafter to pay in installments 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. Payments 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 percent CS•) will be made on all payments made during such period, but not thereafter. The discount of S• shall apply to all such payments, whether the pay- ment 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 pro- vided by law. Section S. Assessment Lien. All assessments levied against the real property in Paving District No. 23, together with all interest thereon and penalties for 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 in the several amounts assessed against each lot or tract of land. Such ~.ien shall have priority over all other liens except general tax liens, and shall be enforced in accordance with the laws of the State of Colorado. If any tract of ·real property included within Paving District No. 23 is hereafter divided or subdivided into two or more such tracts or parcels, the Director of Finance, with the assistance of the Director of Public Works, is hereby authori?.ed and directed to divide the assessment 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, Colorado. -3- • Section 6. Severability. • • That i f any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impai r, or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions he:reof are severable. Section 7. Repealer. All ordinances, or parts thereof, in conflict herewith are he r e b y repe a led. Sectio n 8 . Hearing. In ac cordance with the City Charter and the Municipal Code of the City, the City Council shall hold a public hearing on this Ordinance, be fore final passage, at 7:00 P.M. on Monday, May 14, 1979. Section 9. P ublication and Effective Date. This Ordinance, after its final passage, shall be numbered and recorded , and the adoption and publication shall be authenti- cate d by the s ignature of the Mayor and the Director of Finance, ex officio City Clerk-Treasurer, and by the Certificate of Publication. Introduced, read in full and passed on first reading on the 2nd day of April, 1979. Publi shed as a Bill for an Ordinance on the 11th day of April, 1979. Read by title and passed on final reading on the 18th day of June,19 79. Publi shed by title as 1979, on the 20th day of June Atte s t: ex of~~Clerk-Treasurer 24 , Series of I, William o. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed en final r e ading and published by title as Ordinance No._=2_4~ Series of 1979 . -4-