HomeMy WebLinkAbout1978 Ordinance No. 016. '
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INTRODUCE D AS A BILL BY COUNCIU 1~N _M_a_n_n _______ • 6 .f4
BY AUTHORITY
ORD I NANCE NO. / 6 , SERIES OF 197 8.
AN ORD INANCE CALLING A SPECIAL MUNICIPAL ELECTION FOR THE
PURPOSE OF SUBMITTING THE QUESTION OF THE ESTABLISHMENT OF
A DO TO WN DEVE OPME NT AUT HORI TY TO A VOTE OF THE QUALIFIED
ELECTORS OF THE DISTRI CT AND PRn1 7 I DING FOR THE CONDUCT THEREOF.
WHEREAS, tl. :ity Cou i of the City of Englewood,
Colorado has determin l : and doe 11ereby determine that it is
necessary to establish a Downtown Development Authority for
the public health, safety, prosperity, security and welfare
and to halt and prevent deterioration of property values in
the central business district; and
WHEREAS, it is first necessary to submit the . ·question
of the est ablishment of such an Authority to a vote of the
qualified electors of the District within which the Authority
is o exercise its powers.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CI TY OF ENGLEWOOD, COLORADO, as follows:
Section 1.
Pursuant to Part 8 of Article 25 of Title 31, Colorado
Revised Statutes, 1973, as amended, there shall be submitted
to a vote of the qualified electors of the District hereinafter
described at a special election to be held for that purpose
on Tuesday , the 19th day of Sep tember 1978, between the hou r s
of 7:00 o'clock A.M. and 7:00 o'clock P.M. at the polling place
hereinafte r designated, the follow in g question:
SHALL A DOWNTOWN DEVELOPMENT AUTHORITY BE FORMED
PURSUANT TO PAR T 8 OF AR TICLE 25 OF TITLE 31,
COLORADO REVISED STATUTES, AS AMENDED, TO S~RVE
A PUBLIC USE , TO PROMOTE HEAL TH, SAFETY, PROSPERITY,
SECURITY AND WELFARE OF T HE INHABITANTS OF THE MUNI-
CIPALITY AND TO HALT AND PREVENT DETERIORATION OF
PROPERTY VALUES IN THE CENTRAL ·BUSINESS DISTRICT,
THEREBY EMPOWERING THE COUNCIL OF TH E CI TY OF
ENGLEWOOD TO ASSESS, LEVY AND COLLECT AND AD VALOREM
TAX UPON THE TAXABLE PROPERTY WITHIN THE JURISDICTION
OF T HE AUTHORITY NOT TO EXCEED FIVE (5) MILLS FOR
THE USE AND BENEFIT OF THE AUTHO~ITY, SAID
TS P0 1 E RS WITHIN A
E GLEW D, TO BE
the
e 6
n
A enue
ent e .ine o ... t
th Sherma treet;
A ist~nce Oi 660 f ee.
East Floy em.e ;
oyd flve.u e a
ter ·:ne o e
Grant S ee
· t nc of 1140 feet
from t he No r t
, hence East
c enter i e f South
e rl1 n o South
·nee East a is t ance of
in~ t he alley between
vani a S tr eet; Thence Sou th
8 .~ fe more or less to
so known as U.S.
·ne of U.S Highway
the centerline
pro-
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s .i.1-?
t l
o the S
fe e · mo r e or less to
er. e South 1 2. 5
to t h CP. terline o f
and Sout h E lat i St reet;
·sta ~e of .6 .5 fe t
'est aca Avenu e; Th~nc e
ac~ Ave ue a d:s ~anc e
. i· e o f So Ja n
· e of Sout ~ J·so~
th
e mo ~e or l ess
ce Nort .92
Ba n o .k St. eet;
css; e vce · ort h
cent erli ne of West
5 0 9 feet more or
b held and conducted in
y o Eng l ewood , the
ode 0 , a c; ;J TI :!Tl
a d e Col o r ado Mun ici-
j ns of ar as 1e same may
qua 1f 1°d elect r of
s i " l a r d wn .. r " ,
be
s i de1t " means on
t ates n d a t
1 ears (.).::' dg ..
>] · e in t h
0 Larido e · · means t e
t e qu o to b e "°' r c -; •, en or
s the . rson o f e ing
t h istr i c _.
h c ·stric is o e who i s
'l ss e" as t ese terms
who 0
0 a c"tizen o f the Uni ted
of the tate of C ~lorado , 1 8
ho ma his ~rim ar y dwe ll ing
.n re ~~ i n r ~ prop r ty or
eitly ·fixed tnereto wi h"
fee of any u nd i vided
n y i mproveme nt , erman-
t Di stJ.. ·ct . "Owner i n
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-c on r ct p r hase -obligated
axes, an heir , a d a d evisee
i ted to Proba ~ a nd does not
s el ler of roper ty wit re-
n ract purcha e r ls a eemed
f
old
t e District .
i nc J~de a license
-~ use r eal pr pert within
o e see which i
de~i~r ~ ·e by s om f
~ ca~t "t s hallo
n ot a nat u ral person
cia a ction a
Plector of h Di s t i ct shall v ote
by sec r_t pa er ba llot, ei her by
r ballot o Jy appea ring and casting
Vo t i g mac i n es wil l not be use d .
ec .ors o ~ he Distric who meet the
co io~a 0 Mun·cipal ect ion Code of 1 965,
tn l ·o .ing, and who i n te nd
o~, a a 1n j · f rmation a n d
sent vote r ll o t a he of f ice of
Of ficio City C erk , t City Hall ,
1 wood, Colo r~ o, a t a ny i me
o or be r ·rida y, th e St
) 1 ~ing t proc a~res s t f orth
ornmission shall est ablish
lect·on judges and
a s pro ided ·n
r the ity Charter.
a. , E / o-= ic · o C i t y Cler f and
glew · d shal l give
el cti n, w ich otic shall
r t e 1 n g t h of t" e re uired
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t c
S c obliga ted
n ci , a d a d ev isee
ed t o Probc t e a nd doe s not
s el ler of roper t y wi t re -
ract pure a e r i s de me d
O -e le ase -h old
e Dis :.r ict .
n · i n c J~d a lice so
t ~ , se re al ro per~ wi th~n
e o s ee which n ot a nat u ral person
by som o ff icia ac tion a
1 .. , re;'"' • .1.. .s ba l lo t
he~ ~J 'flee Plectors of he Distri ct shall vote
1 e.:.ec -.' n t by see r -paper ba llot, either by
bsen ·. v ot r ball ot or appearing and castin g
s. 7o t i g mac i n es will riot be us ed .
l if ied e lec .o rs o t e District who meet the
Mu n ic ipa E ec tion Code of 1 965,
L l "ot ng, and who i n tend
rmation a n d
n t he off ice of
City Cl erk ; t City Hall ,
1 woo d , Co l o =a o, a t a ny me
, 1~ r · 1)Cl or ef r Frida y, t e 8 t 1
_ o~ing t proc a· res s t orth
c-::1 n ommi s s "on sha l l est a blish
p oin t the lection judges and
t o r r i c ~s as ro i d d ·n
od• o r the Ci t Char t er.
n n b c e, E . Of f i c 'o C i t y Clerk and
t C 'ty o glew ud shal l give
Anr · ('; pr 1 elec ti n, w ic otice -hall
nd for t e len g t h of t~me re uired
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.-1 , a n F i nan e, E ffic· 't y Cl
h > c y o f a i d No ice at he
') 1 l. 9 pl c c ·1 ct or prec ·n ct at least ten (10)
da s befo r s ai d spe
clcc i o n s hall be i 1
1 i n . No ice of special
antia lly the f ollowi n g form:
N S ELECT IO
C ' E 'GLE WOOD , COL RADO
D V·LOP ENT l\UT HORi rY
EPT~M ER 19, 7 8
I EN a · a . a spec ia
p o l ling place here i na f Ler
9th day of Sep ember,
7 : 0 ' l ck A.M. n d
hal l be submitted t o _ e
D "strict the followi g
Downtown evelopment Author it
t rt 8 f Article 25 of T "tle
Revised tatutes , 1973, as amended,
o s rv~ P ' b ic .use , to promote h alth, safety ,
p ospe . y, secur t y and welfare o t he i nhabitan s
o t he ~· ic pa i ty and t o h alt a n d prevent dete r ·or-
~ti c cf pr e rty va lues in t c entral busi ness d 's trict,
t e· y mpow ering the Council o f he City of
.ng ewoo d lev and c ct an ad valorem
ax upon prcpe rty wi t i n the jurisdicti on
f th e A ori t_; no .o exc ed five _(S) mil ls f o r, t he
sc and enef " of h ·hority, said Authority
0 exercise its poJ he o·s trict in t he
Ci f En g l cwoo0 l. h f o 1 2 ws ·
Beginnin t t he o t.h east
o Sec ion 34 Town ip 1 S
the So t hwest Quarter
of t he Gtb
P·i ip l t h e 1.c ·, l i e _ South
,\•~nue,
i. s
g :
Ea s t Eas rn an A en ue a
o the cc1 t e rl in of t he
and Sou th h rman S ree t;
~ n a distan ce 6 6 f e et
o n r ine of Eas ~lo yd Avenm
:c n te· "ne f East Floyd e nue a
rno r or less to the center li e of the
S er an Street and Sou t h Gr an t Street;
s c en ine d"s tanc o f 11 40 fe et
i .t on a lin proj c d fr m he No rth
, k 7 , P rem ier Addition; hence East a
4 89 ~ t mo r e 04 ess to the enter ine of South
J St · ~t · Th ne e ~o uth along s aid ce nterl in of Sout h
J ga n Str ee t a d·st a c e of 50 feet; Thence East a distance of
3 fe e t mo r -or le s o the cent rline of h e a ley between
ou h ba tr~e t and S o Penn ylvani Str eet ; Then ce Sou th
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im OV
Th
s
the
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D w town Developme nt
s a v hi cl e for planning and
r 1 business distric by
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the exe rcise of the powers granted to it by the governing
Statute .
A Qualified elector of the District is one who is
eithe r a "Resident", a "Landdowner", or a "Lessee" as these
terms a re defined below:
"Resident" means one who is a citizen of the
United States and a resident of the State of
Colorado, 18 years of age or older, who makes
his primary dwelling place in the District.
"Landowner" Means the owner in fee of any
undivided iu l erest in re al property or any
improvement, permanen t ly affixed thereto
within the Di strict. "owner in Fee" includes
a contract purchaser obligated to pay general
taxes, an h .i r, and a devisee under a Will
admitted to Probate and does not include a
contract seller of property with respect to
which the contract purchaser is deemed to be
the owner in fee.
"Lessee" means the holder of the lease-hold
interest in real property within the o·istrict.
"Lease-hold Interest" does not include a license
or mere contract right to use real property within
the District.
Those qualified electors of the District who are other-
wise ful ly qualified to vote on said question at said election,
but shall be absent from their precincts on the day of said
special election, or who by reason of their work or the nature
of their e mployment are likely to be absent and fear that
they will be absent from their precinct on the day of said
special election, or who because of serious illness or physical
disability , or who for r easons based upon the doctrines of an
established religion shall be unable to attend the polls, may
apply in writing at the office of the Director of Finance,
Ex Officio City Clerk, at City Hall, 3400 S. Elati Street,
Englewood , Colorado, for absent voter ballots at any time
during regular business hours on or before Friday, September 8,
1978.
The Election Commission has established, for the
purposes o f said spec i al election only one election precinct,
the polli ng place for which shall be the Community Room in the
Englewood City Hall, 3400 South Elati Street, Englewood,
Colorado 80110, and the boundaries of which shall be the same
as the boundaries of the proposed District. The absent voter
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polling place shall be the Office of the Director of Finance.
Ex Of f ic io City Clerk, Englewood C ity Hall, 3400 South Elati
Street, Englewood, Colorado.
The votes cast shall be recorded on paper ballots,
and said s pecial election shall be held and conducted, the
returns t hereof canvassed, and the results thereof declared,
in the manner prescrib d by law f r other Municipal Elections.
IN WITNESS WHEREOF, the Council of the City of
Englewood, Colorado, has caused th i s Notice to be given.
(CITY SEAL )
/s/
Director of Finance
Ex Officio City Clerk
City of Englewood, Colorado
Section 8 •
. The ballots to be used in voting upon the question to
be submitted at said special election shall be prepared and
furnish ed by the Englewood Election Commission to the Judges
of the e lect i on, to be by them furnished to the qualified
electors of the District. Said ballots shall be in substantially
the foll owing form:
OFFICIAL BALLOT
Stub
OFFICIAL BALLOT
Stub
CITY OF EN GLEWOOD
No. 1
No. 1
OFFICIAL BALLOT
STATE OF COLORADO
SPECIAL ELECTION
SEPTEMBER 19, 1978
(Each elector desirous of voting FOR or AGAINST the following
question s h a ll d e signate his or her choice by placing a cross
(X) in the square opposite the words expressing his or her
choice.)
Shall a Downtown Development Authority be
formed pursuant to Part 8 of Article 25 of
T i tle 31, Colorado Revised Statutes, 1973,
as amended, to serve a public use, to promote
h e alth, safety, prosperity, security and welfare
of the inhabitants of the municipality and to
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ha l t and prevent deterioration of property values
i n the c entral business district, thereby empower-
i ng the Council of the City of Englewood to assess,
levy and collect an ad valorem tax upon the taxable
property within the jurisdiction of the Authority
not t o e xceed five (5) mills for the use and
benefit of the Authority, said Authority to exer-
c i se its powers within the district in the City
of Englewood to be bounded as follows:
Beginni ng at the Northeast corner of the Southwest Quarter
of Sec t i on 34 Township 4 South, Range 68 West of the 6th
Principle Meridian; thence South along the East line of South
Quarter section 660 feet more or less to a point which is
intersecte d by the center lines of South Broadway and Eastman
Avenue , this being the true point of beginning:
Thence East along the centerline of East Eastman Avenue a
distance of 509 feet more or less to the centerline of the
alley betw een South Lincoln Street and South Sherman Street;
Thence s outh along said centerline a distance of 660 feet
more or less to a point on the centerline of East Floyd Avenle ;
Thence East along said centerline of East Floyd Avenue a
distance of 326 feet more or less to the centerline of the
alley be tween South Sherman Street and South Grant Street;
Thence South along said centerline a distance of 1140 feet
more or less to a point on a line projected from the North
line of Lot 30, Block 7, Premier Addition; Thence East a
distance of 489 feet more or less to the .centerline of South
Loga n Street; Thence South along said centerline of South
Logan Street a distance of 50 feet; Thence East a distance of
163 fee t more or less to the centerline of the alley between
South Lo g an Street and South Pennsylvania Street; Thence South
along sai d centerline a distance of 845 feet more or less to
the centerline of East Jefferson Avenue, also known as U.S.
Highway 2 85; Thence West along said centerline of U.S. Highway
285 a dist ance of 824.5 feet more or less to the centerline
of South Sherman Street; Thence South along said centerline a
distanc e of 175 feet more or less to a point on the projected
South li n e of Lot 44, Block 2, Higgins Broadway Addition;
Thence West a distance of 1168 feet more or less to the center-
line o f the alley between South Bannock Street and South Acoma
Street; Thence North a distance of 680 feet more or less to
the cent erline of U.S. 285; Thence Northwesterly along said
center l i ne of U.S. Highway 285 to a point which is the center-
line o f South Bannock Street; Thence South along said center-
line of South Bannock Street a distance of 90 feet more or
less to a point on a line projected from the South line of Lot
63, Blo c k 5, Skerritts Addition, 2nd Filing; Thence West a _
distance of 163 feet more or less to the centerline of the
alley b e t ween South Bannock Street and South Cherokee Street;
Thence South along said centerline a distance of 300 feet toa
line projected from Lot 18, Block 5, S~erritts Addition, 2nd
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Filing; Thence West a distance of 177.5 feet more or less to
the centerline of South C~erokee Street; Thence North 25 feet
to the centerline of West Ithaca Avenue; Thence West along
said centerline of West Ithaca Avenue a distance of 163 feet
to a projected centerline of the alley between South Cherokee
Street and South Delaware Street; Thence North along said
centerline a distance of 180 feet more or less to a line pro-
jected from the North line of Lot 11, Block 1, Skerritts
Addition; Thence West a distance of 163 feet more or less to
the centerline of South Delaware Street;. Thence South 12. 5
feet; Thence West 163 feet more or less to the centerline of
the alley between South Delaware Street and South Elati Street;
Thence South along said centerline a distance of 167.5 feet
more or less to the centerline of West Ithaca Avenue; Thence
est along said Centerline of West Ithaca Avenue a distance
of 1793 feet more or less to the centerline of South Jason
Street; Thence North along said centerline of South Jason
Street a distance of 460 feet more or less to the centerline
of est Hampden Avenue also known as U.S. Highway 285; Thence
West a distance of 350 feet more or less to the East right-of-
way line of the A.T. • S. F. Railroad; Thence Northeasterly
a long said East right -of-way line a distance of 1156 feet
more or less; Thence East a distance of 2592 feet more or less
to the centerline of South Bannock Street; Thence North 192
feet more or less along the centerline of South Bannock Street;
Thence East a distance of 163 feet more or less; Thence North
a distance of 470 feet more or less to the centerline of West
Eastman Avenue; Thence East a distance of 509 feet more or
less to the true point of beginning.
YES ;---,
NO
OFFICIAL BALLOT FOR SPECIAL ELECTION HELD IN THE CITY OF ENGLEWOOD,
COLORADO, ON SEPTEMBER 19, 1978.
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(facsimile si~nature)
Director of Finance
Ex Officio City Clerk
City of Englewood, Colorado
Section 9.
If the establishment of the proposed Downtown
Development Authority is approved, an ad valorem tax not to
exceed f ive (S) mills may be assessed, levied and collected
by the Council of the City of Englewood, Colorado, for the
use and benefit of the Authority in accordance with the pro-
visions of Part 8 of Article 25 of Title 31, Colorado Revised
Statutes 1973, as amended.
Section 10.
The votes cast at special election shall be canvassed
the returns thereof made, and the results thereof declared in
the manner provided by law for the canvass, return and declar-
ation of the result of votes cast at regular Municipal elections
for the City of Englewood, Colorado.
Section 11.
If a majority of the .qualified electors of the
District voting on the questi~h set forth hereinbefore to be
submitted at said special election vote for the establishment
of the p roposed Downtown Development Authority, the Council
shall proceed forthwith by Ordinance to establish said Authority.
Section 12.
If any section, paragraph, clause or provision of
this Ordi nance is judicially judged invalid or unenforceable,
said judgment shall not affect, impair, or invalidate any of
the remai n i ng sections, paragraphs, clauses, or provisions
of this Ordinance, the intention being that the various
sections , paragraphs, clauses or provisions hereof are severable.
Introduced, read in full and passed on first reading
the 17 day of July, 1978. ---
Publ i shed as a Bill for an Ordinance on July 19,
1978.
Read by Title and passed on final reading on the
7th day of August, 1978.
Published by Title as Ordinance No ............. /~0-=---
Series of 1978, on the 9th day of August, 1978.
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ATTEST:
n-~~ Ex officio City ~reasurer
I, William D. Jmaes, do hereby certify that the above
and foregoing is a true, accurate and complete copy of the
Ordinance, passed on final reading and published by title as
Ordinance No.Jl2_, Series of 1978.
.:::;~ ~rk-Treasurer
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