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Home My WebLink About1977 Ordinance No. 006• • • • INTRODUCED l\S A BILL BY COUllCIL HEMBER __ c_1_a .. y._t;:;.o=n~---- IY AUTHORITY ORDINANCE NO _6_, SElllES OF 1977 AN ORDINANCE CREATIHG PAVING DISTRICT NO. 24 IN THE CITY OF . ENGLEtmOD , COLORAD:), ORDERIN G Tit £ CONSTRUCTION AND INSTALLATION OF STREET PAVIN~, CURB AND GUTTER AND SID£wALK IMPROVEMENTS; PROVI DING FOR THE ISSUANCE OF BONDS lN PAYMENT FOR SAID IHPROVE- ttENTS ; AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY ANO COUtlTY or DEllVER CONCERNrnG THE CONSTitUCTION WORK; AND SETTING PORTH OTHER DETAILS IN CONNECTION HITH THE DISTRICT. WHEREAS, the City Council of Englewood, Colorado, pur auant to the Charter and the Municipal Code of the City, and t~e Laws of the State of Colorado, hereby finda and determines · that there exi•t• a neceaaity for the creation of Paving District o. 24, in the City, and the construction and installation therein of street paving, curb and gutter and sidewalk improvement• on the sou tt\ one-half of We at Evans Avenue, fro11 South Zuni Street to South Raritan Street; and WHEREAS, the nor th one-half of West Evan• Avenue ··fr om South Zuni Street to South Raritan Stceet i• within the 'corporate liaits of the City and County of Denver, and street improvements will be installed on this portion of the atreet by the City and County of Denver concurrently with the i~provements authorized by this Ordinance; and WHEREAS, it is anticipated that both cities will enter into an agree•ent relating to the advutiaeaent of construction bids, the award of the construction contract, and certain other aattera relating to the project1 and WHEREAS, Notice of a public hearing concerning the creation of the District and the construction and installation of the iaprovements therein ha• 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 notice has been mailed, postage prepaid, to each known owner of real property within the proposed Oistcict1 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 a~ainst the pcoposed district or the ~mpcovements to be constructed or installed1 and WHEREAS, one oral protest was presented, which was heard and considered by the City Council, and the Council has determine d that such protest should be overruled; -1- • • DE IT ORDAINED BY T~E CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Creation of the District. That a special i provement district for the construction, installation or im- provement of the improvements hereinafter described, is hereby created and established in accordance with the Chatter 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. 24•. All proceedings heretofore taken and adopted in connection with the District ate hereby ratified, approved and confirmed. Section 2. Engineering Plans and Specifications. That the engineer'• reports, together with all of the details, specifi- ' cations, estimates, aaps and schedules thereto attached or ap- pended, including the engineering information furnished by the City and County of Denver, are hereby approved and adopted. Section 3. ~istrict Boundary. The extent of the District to be assessed for the cost of the improvement• and the ~rea to be included within the boundary of the District, shall be all the real property apecially benefited, and fronting or abutt- ing on West Evans Avenue, from the center line of South Zuni Street to the center line of South Raritan Street, including the real property within one-half (1/2) block of such' Avenue. Section 4. Description of Improvements. The kind of i11prove•ents and the street on which such improvements shall be conatructed or installed shall be as followsz ~ecessary grading and excavation, paving with a s• asphaltic concrete base course, and a 2• asphaltic concrete surface; concrete sidewalk, and curb and gutter where not already installed, together with necessary appurtenances and incidentals, on the south one-half of West Evans Avenue, froi11 the center line of South Zuni Street to the center line of South Raritan Street. Section 5. Improvementi:; "uthorized. The construction or installation of the street paving, curb and gutter and sidewalk i provements 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. -2- • • Section 6. Assessment of Costs. 'l'he probable total coat of the i•provements to be constructed or installed is $127,0001 it is propo5ed that the City of Englewood will pay appro~im5tely $58,000; the remainder of the coat will be assessed a~ainst the property within the district and specially benefited by the construction and installation of the improvements. The a?proxi ate share of the tot~l cost to be •••••••d per front foot against any lot or tract of land fronting or abutting on said i provc~ent• will be as more particularly set forth in the reaolu- tion passed and adopted on February 7, 1977, and which is incor- porated herein by specific reference. Section 7. Payment of As•••••ent1. The aasessmenta will be due and payable without de;nand wit.hin thirty (30) days fro• and after the final publication of the Ordinance a11easing the whole cost of aaid improvement• again•' the real property in the District. In the event any owner of real eatate shall fail to pay the whole of auch assessment againat his or her property within said thirty (30) daya, then th• whole cost of the improvemen ts so aaseased against such property shall be payable in ten (10) equal annual installments of principal. The first of such installments of principal shall be due and payale at such time •• will be determined in the assessing ordinance and the remainder of said install~ents shall be due and payable successively on the sa e day in each year thereafter, until all are paid in full. The rate of interest to be paid on unpaid and deferred installments will b• established by ordinance to be adopted by the City Council at a later date. 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 e purpose of payin~ for the local improvements described in this Ordinance, in an amount not to exceed the cost and expenses of said improvements, including engineering, legal and incidental expenses, 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 •aximum rate of interest on special improvement bonds for Paving District No. 24, shall not exceed nine (9) per cent per annum. The bonds and the interest thereon shall be payable out of special assessm'!nts to be levied against the real property in- cluded within the District and specially benefited by the im- provements to be constructed or installed. -3- Section 9. Agreement with City and County of Denver. The Ci.ty is authorized to enter into an Agreement with the City and County of Denver, concerning the advertisement of construction b i ds, the award of the construction contract and certain other atters concernin~ the project. The Agreement is attached hereto, consisting of ~6~ pages, and is incorporated herein by reference. The City Council of the City hereby authorizes the Mayor of the City to subscribe his name to said 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 finds 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 judg~ent 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 &hall hold · a public hearing on this ordinance, before final passage, at 7:30 P.M. on ltonday, March 21, 1977. 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 ~ity Clerk-Treasurer, and by the Certificate of Publica~ion. This ordinance shall become effective thirty (30) days after publica- tion following final passage. Introduced, read in full and passed on firat reading this 14th day of Karch, 1977. Published aa • Bill for an Ordinance on the 16th day of Karch. 1977. -4- • • • Read by title and paesed on final reading on the 4th day of April, 1977. Publlahed by title as Ordinance ·No. ~6~-• Series of 1977, on the 6th day of April, 1977. ATTEST: u officio City 1, William D. Jamee, ex officio City Clerk-1reaeurer of the City o f Enalevooct, Colorado, do hereby certify that the above and foregoing i• a true, accurate and complete copy of the Ordinance paaeed on final reading and publiahed by title aa Ordinance No.~. Serie• of 1977. -5-