HomeMy WebLinkAbout1975 Ordinance No. 010•
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INT RODUCED AS A BILL BY COUNCILMAN SOVERN
BY AUTHORITY
ORDINANCE NO. /0 , SERIES OF 1975
AN ORDINANCE REASSESSING CERTAIN PROPERTY WITHIN PAVING DISTRICT NO.
19, IN THE CITY OF ENGLEWOOD, COLORADO; PROVIDING FOR THE PAYMENT
AND COLLECTION OF SAID ASSESSMENT, AND SETTING A PUBLIC HEARING.
WHEREAS, the Cit y Council has, by Ordinance No. 8, Series
of 1970, finally passed and adopted on March 16, 1970, created
Paving District No. 19 for the purpose of constructing and instal-
ling certain street improvements therein; and
WHEREAS, by Ordinance No. 12, Series of 1971,
finally paaaed and adopted on April 21, 1971 the City Council assessed
the costs of the improvements against the properties especially
benefited and included within the Special Improvement District; and
WHEREAS, prior to the hearing on assessments notice was
mailed to the property owners to be assessed, except that the notice
to one of the property owners, Joyce E. Barnett, 3991 South Pearl
Street, was inadvertently sent to an incorrect address and was
never received by said property owner; and
WHEREAS, an aesessment was levied against such property,
which assessment subsequently was in default for non-payment; and
WHEREAS, the City Council has now determined that the
property should be reassessed, and that notice be given to the
owner of the property concerning the reassessment of costsand the
right to pay in ten equal annual installments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1.
Reassessment of Costs. The property described below is
hereby reass essed for its proportionate share of the cost of the
improvemen ts in Paving District No. 19:
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That realty described as follows;
Lots 25, 26 and 27, Block 3,
SOUTH BROADWAY HEIGHTS,
Arapahoe County, Colorado
Paving Front Zone , . , , ••••• , •• , ••••••••
Paving Rear Zone ••••••••••••••••••••••
Paving Total ......................
4" curbwalk Type I
6" curbwalk Type I
Concrete Total
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TOTAL ASSESSMENT ••••••••••••••••••••••
$209.35
52.34
$536.96
9.13
$261,69
546.09
That the assessment is in accordance with the special
benefits which the property received as a result of the construction
of the improvements within the District.
Section 2.
Payment of Assessment. That said assessment shall be due
and payable at the off ice of the Director of Finance of the City
of Englewood, within 30 days after the final publication of this
ordinance, without demand; provided that the assessment may, at
the election of the property owner, be paid in installments, with
interest as hereinafter provided. The failure to pay the entire
assessment within the 30 day period shall be conclusively considered
and held an election on the part of such property owner to pay in
said installments.
In the event of the election to pay in installments,
the assessment shall be payable at the off ice of the County
Treasurer of Arapahoe County, Colorado, in 10 equal annual
installments of principal, the first of which installments of
principal shall be due and payable on or before January 1, 1976,
and the remainder of said installments shall be due and payable
successively on or before the 1st day of January, in each year
thereafter until paid in full, with interest on the unpaid principal
amount at the rate of 5% per annum, commencing on the effective
date of this ordinance, and payable each year at the time of paying
installments •
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Section 3,
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Penalty for Default or Non-PaY!!!t• Failure .to pay any
installment, whether of principal or interest, when due ahall cause
the whole of the unpaid principal to becoae 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 cent\DD (1%) per month,
or fraction of a month, until the date of tax sale, as provided by
law. At any tiaepriod to the date of the tax sale, the owner may
pay the a110unt of all unpaid installments with interest at one per
centum (1%) per month, or fraction of a month, and all penalties
accrued and shall thereupon be restored to the right thereafter to
pay in installments 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
installment payment date.
Section 4.
Discount on Payment of Assessments. Payments may be made to
the Director of Finance at any time within thirty days after the
final publication of this Ordinance, and an allowance of five per
centum (5%) will be made on all payments made during such period,
but not thereafter. The discount of 5% shall apply to all such pay-
ments, whether the payment is the entire amount of assessment due,
or a part of the assessment. Immediately after the expiration
of such thirty (30) day period, the assessment shall be certified
to the County Treasurer of Arapahoe County, Colorado, for collection,
as provided by law.
Section S.
Assessment Lien. The assessment, together with all
interest thereon and penalties for default in payment thereof,
and all coats in collecting the same, shall constitute, from the
date of the final publication of this ordinance, a perpetual lien
in the amount assessed against the tract of land described above.
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.
Section 6.
Severability. That if any one or more sections or parts
of this Ordinance shall be adjudged unenforceable or invalid, 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.
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Section 7.
Repealer. All Ordinances, or parts thereof, in conflict
herewi t h are hereby repealed.
Section 8.
Public Hearing. A public hearing on this Ordinance shall
be held at t he City Hall on March 3, 1975 at the hour of 7:30 P.M.
Section 9 .
Recording and Authentication. This Ordinance, after a
public ~earing and final passage, shall be recorded in a book
kept fo r that purpose, shall be authenticated by the signatures
of the Mayor and Director of Finance, and shall be published in
the Englewood Herald, a newspaper of general circulation pub-
lished in said City.
Introduced, read in full and passed on first reading on
the 3rd day of February, 1975.
Published as a Bill for an Ordinance on the 6th day of
Febr u ary, 1975.
t he
Read by title and passed on final reading on
3 rd day of March, 1 9 75.
Published by title as Ordinance No. /0
Series of 1975, on the 6th day of March, 1975.
ATTEST :
ex ~/fo" ~t~k-Treasurer
,
I, Karl Nollenberger, do hereby certify that the
above and foregoing is a true, accurate and complete copy
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of the Ordinance, passed on final reading .and published
by title as Ordinance No. /0 , Series ·Of 1975.
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