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HomeMy WebLinkAbout1979 Ordinance No. 027. . ll'i AU'.&.'UOH.J.:'.&.''i ORDI ANCE NO. 27 • SERIES OF 197~9~~~ COUNCIL BILL NO. 22 INTRODUCED DY Councilman Clayton • • ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN PAVING DISTRICT NO. 25, IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND I SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRA CT OF LAND IN THE DISTRICT; PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. WHEREAS, by Ordinance No. 3, Series of 1978, finally passed and adopted on March 6, 1978, the City Council has created Paving District No. 25, within the City of Englewood, for· the purpose of constructing and inst-lling street and alley pa·1ing, curb, gutter and sidewalk improvements, together with necessary inci dentals, on certain street& and alleya 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 statement showing the total coat of the im~rovements has been duly filed with the City Council; and WHEREAS, from the statement made and filed with the City Council, it appeara that the whole cost of said improvement~ i:::; the amount. of $899,568. 76 of which amount the City of Englewood will pay $236,275.73 leaving $663,293.03 to be assessed against the real property in the District, said amount including costs of inspec- tion, collection and other incidentals and also including interest as allo~ed by law; and WHEREAS, from said statement it also appe.ars 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 pr~portions and amounts -1- • • • .... severally set forth in Exhibit A attached· to this Ordinance; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Confirmation of Assessment Roll. That the whole cost and apportionment of the sarue is hereby approved and confirmed, and said apportionment is hereby decla~ed to be in accordance with the special benefits which the property 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 tr~ct of land within the District in the pro- portions and amounts as set forth in the assessment roll, attached hereto as Exhibit A. Sect ion 2. Payment of Assessments. That the assess- ments shall be due and payable at the office of the Director of Finance of the City of Englewood, within thirty days after the final publication of this OrdinancP., without demand; provided that all such assessments may; at the election of the property owner, be p.:ovided • of thirty paid in installments, with interest as hereinafter Failure to pay the whole assessment within said period days shall be conclusively consid.ered 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 ques~ion the power or · jurisdiction of the City of Englewood to construct the improv9- ments, the quality of the work, the regularity or sufficiency of the proceedings, or the validity or the correctness of the as- sessments, or the validity of the lien thereof. In the event of such elect ion to pay in install- ments, .the assessments shall be payable at the office 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 install~ents shall be due and payable successively on or before the· lst day of January, in each year thereafter until paid in ~ull, with interest on the unpaid principal amount at the rate of 5.50' per annum, commencing -2- on the date of publication of this ordinance by title following final passage, and payable each year at the time of paying in- • stallments of assessments. Section 3. Penalty for Default or Non-Payment. Failure to pay any installment, whether of principal or inte~est, when due shall cause tt.e 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 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 per centum (l') per month, or fraction of a month, and all penalties accrued and shall thereupon be restored to the right thereafter to pay in install- ments 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 'install- • ment payment date. ·section 4. Discount on Payment of Assessments. Pay- ments may be made to the Director of Pinance 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 payments made during such period, but not thereafter. The discount of S• 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 5. Assessment Lien. All assessments levied against the real property in Paving District No. 25, 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 9 land. Such lien 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. -3- ., .... If any tract of real property included with~n Paving District No. 25 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 auth- orized 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. Section 6. Payment of Special Assessment Bonds. The amount of assessme nts 'herein levied against the property specially benefited, in the total amount of $663.293.03 will be in an amount sufficient for the payment of the outstanding bonds previously issued for Paving District No. 25, dated June 1, 1978, in the principal amount of $767,000. Sectio n 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 af feet, impai~ or in- validate the remaining provisions of t~is Ordinance, it being the intent ion that the ~ Section 8. various provisions hereof are severable. Emergency Provision. By reason of the fact that bonds of Paving District No. 25 are now outstanding and that interest thereon will shortly become due and payable, funds must be ade available from assessments at the earliest possible date for payment of such interest, and for the immediate pre- servation of the public property, health, peace and safety, it is hereby declared that an emergency exists and that this Ordinance shall take effect upon its final passage. Section 9. Repealer. All ordinances, or parts thereof, in conflict herewith are hereby repealed. Section 10. Hearing. In accordance with the City Charter and the Municipal Cod~ of the City, the City Council shall hold a public hearing on thi ~ ordinance, before final passage at 7:30 p.m. or iit such later time on May 14, 1979, as Council is able ·to hear it in its normal course. -4- ................................................. _ ...... -.. -... -.. -·· .. ·-····-·-·-········ ... ······ ... . •• • • . . , Section 11. 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 take effect inmediately upon final passage and shall be published within seven days thereof. of April, 1979. ( S E A L ) ATrEST: irector o~ FINALLY AND ADOPTED this 18th day of _J,;..un~e;.._ ____ , 1979. A'rrEST: