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Home My WebLink About1977 Ordinance No. 007• • • • INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. 7 , SERIES OF 1977 AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN AND FOR SIDEWALK IMPROVEMENT DISTRICT NO. 76 IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING THE MANNER OF COLLECTION AND PAYMENT OF SAID ASSESSMENTS. WHEREAS, the City Council of the City of Englewood, Colorado, pursuant to Article X, Section 107 of the Charter and Chapter 1, Title XII, of the 1969 Englewood Municipal Code of said City, and the Laws of the State of Colorado, enacted Ordinance No. 34, Series of 1976, creating Sidewalk Improvement District No. 76, and providing for the construction therein of sidewalk improvements; and WHEREAS, the City Manager and Director of Finance advertised for bids to construct such improvements in three (3) consecutive weekly issues of the Englewood Herald Sentinel; and WHEREAS, on August 2, 1976, the City Council of the City of Englewood, Colorado, accepted the bid of Eby Cement Contractor in the amount of $44,928.50 as the lowest and best bid and authorized the Mayor and City Clerk to execute contract documents; and WHEREAS, the construction of such improvements has been completed and the total costs of such improvements have been reliably ascertained; and WHEREAS, a statement 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 the sum of $53,064.65, said amount including costs of inspection, collection and other incidentals and also including interest as allowed by law; and -1- • • • WHEREAS, from said statement it also appears the the City Council has apportioned a share of the said whole cost to each lot or tract of land in said District, in accordance with the benefits to be derived by said property and in the proportions and amounts severally set forth in Resolution No. 10, Series of 1977, adopted by the City Council on the 7th day of February, 1977, which Resolution is by reference made a part hereof; and WHEREAS, Notice of a Public Hearing concerning the levying of assessments on the real property in the District and upon this ordinance has been published once a week for three (3) weeks in the Englewood Herald Sentinel, a newspaper of general circulation in the City, and, in addition , a copy of the Notice has been mailed, postage prepaid, to each known owner of real property within the District, which Notice is by reference made a part hereof; and WHEREAS, at the time and place specified in said Notice, the City Council met in open session for the purpose of hearing any objections or protests that might be made against said assessments; and WHEREAS, all objections and complaints having been duly heard and considered, the Council has determined that such objections should be denied except as this Ordinance has accepted them and incorporated herein changes in said assessments based upon said objections; and WHEREAS, on the 21st day of March, 1977, a Bill for an Ordinance Approving the Whole Cost of the Improvements Made In and For Sidewalk Improvement District No. 76, in the City of Englewood, Colorado; Approving and Confirming the Apportionment of Said Cost to Each Lot or Tract of Land in Said District; Assessing a Share of Said Cost Against Each Lot or Tract of Land in the District; and Prescribing the Manner of Collection and Payment of Said Assessments, was introduced and was passed on first reading. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the whole cost and apportionment of the same, as s e t for h in said Resolution and Notice and as amended -2- t • • • herein, is hereby approved and c onfirmed, an d said apportion- ment is hereby declared to be iu accordance with the benefits which the property in said District will receive by reason of the construction of said improvements; and a share of said cost is hereby assessed to and up on eac h lot or tract of land within the District in the proportions and amounts set forth in said Resolution and Notice, as amended herein: Corrected Assessment Name and Addre.s $77.79 MORAN, Darrel l w & Dorothy M. Section 2. 3730 South Lincoln Englewood, Co l o. 80110 Lot & Bl o ck Lts. 9 a nd 1 0, Blk. 2 Subdivision Wynetka That of the whol cust u 1 $93,064.65, the City of Englewood will pay $11,239.75 leaving a balance of $41,824.90 to be assessed against the real property in said District . Section 3 . That sa id assessme nts shall be due and payable at the Office of the Director of Fi nance, without demand, thirty (30) days from and after the final publication of this Ordin ance. In case any owner of real property assessed under this Ordinance shall fail to pay the whole of such assessment against his property within said thirty (30) days, then the pro rata cost of said improvements so assessed against his property, together with interest at the rate of five (5%) percent per annum on any unpaid balance, shall be payable in ten (10) equal annual installments, the first of which installmen ts of principal and interst shall be due and payable on or before May 6 , 1977, and the r e mainder of said install- ments shall be due and p ayabl e successively on or before the 1st day of January in each year thereafter until said principal and interest are paid in full. Failure t o pay any installment, whether of principal or int e re s t, when due shall caus the whol e' or the unpaid pr incipa l to become due and pay able immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one per -3- • • • centu (1\) per month, or fraction of a month, until the date of tax sale, as by law provided, but at any time prior to the date of the sale, any owner may pay the a ount of all unpaid instal lments with interest at one per centum (1\) per month, or fraction of a month, upon all delinquent installments, and all penalties accrued, and shall thereupon be restored to the right thereafter to pay in in s tallments in the same manner as if default had O\>t bC'cn s uffered. The owrwr of any property not in d fault as to any hist a I lm 0 nt or p<tyment ay, at any time, pay the whole of the unpaid principal with accrued interest to the date of the next assessment install ent payment date. Payments may be made to the Director of Finance at any time within thirty (30) days after the final publication of this Ordinance. Immediately after the expiration of such thirty (30) day period, said assessments shall be certified to the County Treasurer of Arapahoe County, Colorado, for collection, as provided by law. Section 4. That if any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invaiid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 5. This Ordinance, after its final passage, shall be recorded in the City Ordinance Book kept for that purpose, shall be authenticated by the signatures of the Mayor and City Clerk, and shall be published in the Englewood Herald Sentinel, a newspaper of general circulation, published in said City, within seven (7) days after its final passage, and shall be and remain irrepealable until the assessments hereby made shall be paid in full. -4- r • • • Introduced, read in full and passed on first reading on the 21st day of March, 1977. Published as a Bill for an Ordinance on the 23rd day of March , 1977. Read by title and passed on final reading on the 4th day of April, 1977. Published by title as Ordinance No. 7 , Series of ---1977, on the 6th day of April, 1977. ATTEST: I, William D. James, 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. 7 , Series of 1977. -5-