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HomeMy WebLinkAbout1976 Ordinance No. 023• . , • • • INTRODU CED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 23 , SERIES OF 1976 AN ORD INANCE CREATING PAVING DISTRICT NO. 23 IN THE CITY OF EN GLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTAL LATION OF STREET PAVING, CURB AND GUTTER AND SIDE- WALK IMPROVEMENTS; APPROPRIATING FUNDS FOR PAYMENT OF SAID IMPROV EMENTS; PROVIDING FOR NOTICE TO CONTRACTORS AND OTHER DETAILS IN CONNECTION WITH THE DISTRICT. WHEREAS, the City Council of Englewood, Colorado, pursuant to the Charter and the Municipal Code of the City, and the Laws of the State of Colorado, hereby finds and determi nes that there exists a necessity for the creation of Paving District No. 23, in the City, and the construction and ins tallation therein of street paving, curb and gutter and sidewalk improvements as described herein; and WHEREAS, as ordered by the City Council, the State Departme nt of Highways and the Engineer for the City have p r epa r e d and filed plans, specifications, maps and estimates of cost for the proposed improvements; and WHEREAS, Notice of a public hearing concerning the cre&tion of the District and the construction and installation of the improvements therein has been published once a week for three (3) consecutive weeks in the Englewood Herald-Sentinel, a new spaper of general circulation in the City, and in addition, a Notice has been mailed, postage prepaid, to each known owner of rea l property within the proposed District; and WHEREAS, at the time and place set forth in the Notice, the City Counc i l met in open session for the purpose of hearing any obj ections or protests that might be made against the propo sed district or the improvements to be constructed or installed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. Creation of the District. That a special improvement distric t for the construction, installation or improvement -1- • • • of the improvements hereinafter described, is hereby created and established in accordance with the Charter 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. 23". All proceedings heretofore taken and adopted in connection with the District are hereby ratified, approved and confirmed. Section 2. En ineerin That the enginee r's reports, toget er wit all o t e details, s p ecifications, estimates, maps and schedules thereto a t tached or appended, as amended, are hereby approved and adopted . Section 3. District Boundary. The extent of the District to be a sse ssed for the cost of the improvements and the area to be i ncluded within the boundary of the District, shall be all the real property specially benefited, and fronting or abutting on the streets between the termini hereafter des- cribed , including the real property within one-half (1/2) block of such streets . Section 4. . Description of Improvements. The kind of improvements and the streets on which such improvements shall be constructed o r installed,shall be as follows: Necessary grading and excavation, paving with seven (7) inch deep strengh asphaltic concrete, concrete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the following avenue: ON West Dartmouth Avenue FROM West side of South Zuni Street -2- TO East side of the Atchison Topeka & Santa Fe Railroad right-of-way at approximately Huron Street extended • • Section 5. Improvements Authorized. The construction or instal- lation of the street paving, curb and gutter and sidewalk improvements in and for the District, as shown by the plans, speci f i cations and maps thereof, prepared by the State Department of Hi ghways and the City Engineer, and approved by the City Counc il of the City, is hereby authorized and ordered, the materia l to be used in the construction of said improvments to be i n accordance with such maps, plans and specifications. Section 6. Assessment of Costs. The probable total cost of the imp rovements to be constructed or installed is $337,800.00: it is p roposed that the probable amount of the total cost, which will be paid under the Urban Systems Highway Program, is approximately $236,800.00, and the probable amount of the total cost, which the City shall pay, is approximately $41,50 0.00: the remainder of the costs will be assessed against the property within the district and specially benefi ted by the construction and installation of the improve me nts. The approximate share of the total cost to be asse ssed for front foot against any lot or tract of land frontin g or abutting on said improvements, will be as more particularly set forth in Resolution No. 17, passed and adopted on April 5 , 1976, which is incorporated herein by this ref- erence . Section 7. Payment of Assessments. The assessments will be due and payable without demand within thirty (30) days from and after the final publication of the ordinance assessing the wh ole cost of said improvements against the real property in the Distr i ct. In the event any owner of real estate shall fail t o pay the whole of such assessment against his or her property within said thirty (30) days, then the whole cost of the improvements so assessed against such property shall be payable in ten (10) equal annual installments of principal. The fi rst of such installments of principal shall be due and payable at such time as will be determined in the assessing ordinance and the remainder of said installments shall be due and payable successively on the same day in each year there- after, until all are paid in full. The rate of interest to be paid on unpaid and deferred installments will be established by ordinance to be adopted by the City Council at a later date • -3- • • • Section 8 . Notice to Construction Bidders. The State of Colorado through i ts Department of Highways is to advertise for bids to construct such improvements in the time and manner required by that certain Agreement entered into between the City of Enqlewood and the State Highway Department, which advertisement may run c oncurrently with the publication of this Ordinance. Se ct i on 9. Ge n e ral Benefits. The City Council hereby finds and determin es that the improvements proposed to be con- structed and i nstalled wi ll confer a special benefit upon the property within the District and a general benefit upon the City as a whole. Section 10. Seve rabil i ty. That if any one or more sections or parts of thi s Ordinance shall be adjudged unenforceable or invalid, such jud g ment shall not affect, impair or invalidate the remaining p ro vi sions of this ordinance, it being the intention that the var i ous provisions hereof are severable . Secti on 11. Pu b licat i on and Effective Date. This ordinance, after its final passage, shall be niimbered and recorded and the adoption and publ i cation shall be authenticated by the signa- ture of the Mayor and the Director of Finance, ex officio City Clerk-Treasurer, and by the Certificate of Publication. This ordinance shall become effective thirty (30) days after publicatio n following final passage. In troduced, read in full and passed on first reading on the 17th day o f May, 1976. Pu blished as a Bill for an Ordinance on the 19th day of May , 1976. -4- . • • • • Read by title and passed on final readin9 on the 7th day of June, 1976. Published by title as Ordinance No. of 1976, on the 9th day of June, 1976. ATTEST: 23 , Series --- 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. 23 , Series of 1976 • ~~~Treasurer -5- • .. • • • • 6-7-76 DEFEATED INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE AMENDING SECTION 41, CHAPTER 4, TITLE I, OF ARTICLE IV,' ENTITLED "COUNCIL SALARIES", BY INCREASING SAID SALARIES FOR FUTURE MEMBERS OF THE ENGLEWOOD CITY COUNCIL, TO BECOME EFFECTIVE DURING THAT COUNCIL TERM COMMENCING AT 7:30 P.M. ON THE FIRST MONDAY AFTER JANUARY 1, 1978. WHEREAS, Section 21 of the Charter of the City of Englewood initially fixed the amounts to be paid as monthly salaries to the members of the City Council of the City of Englewood: and WHEREAS, the aforesaid initial salaries effective July 8, 1958, were modified by Ordinance No. 41,_Series of 1969; and WHEREAS, with the growth of .the City of Engelwood,· since that date, the duties and responsibilities of members of the City Council have correspondingly increased, and the time spent on City business by the .City Council has likewise increased, so that it is now appropriate that the future members of the Englewood City Council -should receive an increased compensation over and above that which was initially se~ in Noveqlber 1969. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 41, Cha.pter 4, Title I of Article IV entitled •council Salaries" is hereby amended to read as follows: 1-4-41 Salaries of Councilmen The monthly salaries of the Councilmen are hereby fixed in the following amounts: Mayor • • • . • • • • • • • • • • • • • • • • $%59.99 Mayor Pro Tem ••••••••••••• $!~5~99 Councilmen •••••••••••••••• $!99~99 -1- $275.00 $225.00 $175.00 Section 2. That the Councilmen's salaries set forth in Section 1 hereof shall take effect for all .council terms commencing on or after 7:30 P.M. on the first Monday after January 1, 1978. Introduced, read in full and passed on first reading on the 7th day of June, 1976. Published as a Bill for an Ordinance on the 9th day of Jun e, 1976. MAYOR ATTEST: ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 7th day of June, 1976. ex officio city Clerk-Treasurer -2-