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Home My WebLink About1975 Ordinance No. 014• . . • • • INTR ODUCED AS A BILL BY COUNCILMAN SOVERN BY AUTHORITY ORDINANCE NO. /~ , SERIES OF 1975 AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE I N AND FOR SIDEWALK IMPROVEMENT DISTRICT NO. 74 IN THE CI TY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND I N SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAIN ST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESC RIBING THE MANNER OF COLLECTION AND PAYMENT OF SAID ASSESSMENTS. WHEREAS, the City Council of the City of Englewood, Colo rado, pursuant to Article X, Section 107 of the Charter and Chapter 1, Title XI I, of the 1969 Englewood Municipal Code of said City, and the Laws of the State of Colorado, enact ed Ordinance No. 23, Series of 1974, creating Side- walk Im provement District No. 74, and providing for the c onstruct i on therein o f sidewalk improvements; and WHEREAS, the City Manager and Director of Finance adve rt i sed for bids to construct such improvements in three (3 ) consecutive weekly issues of the Englewood Heral d Sentinel; and WHEREAS, on August 5, 1974, the City Council of the Ci ty of Englewood, Colorado, accepted the bid of Trujill o Cement Contractor in the amount of $42,815 as the low est and best bid and authorized the Mayor and City Cl erk to execute contract documents; and WHEREAS, the construction of such improvements has b een completed and the total costs of such improve- ments have been reliably ascertained; and WHEREAS, a statement showing the total cost of the im provements has been duly filed with the City Council; and WHEREAS, from the statement made and filed with the Ci ty Council, ~t appears that the whole cost of said i mprovements ~s the sum of $48, 783. 02 '· said amount including costs of inspection, collection and other i n ci dentals and also including interest as allowed by law; and -1 - • • • WHEREAS, from said statement it also appears that 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. 1, Series of 1975, adopted by the City Council on the 6th day of January, 1975, 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 Hearld 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 ref- erence 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 deter- mined 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 18th day of February, 1975, a Bill for an Ordinance Approving the Whole Cost of the Improvements Made In and For Sidewalk Improvement Dis- trict No. 74, 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 set forth in said Resolution and Notice . .. -2- • • • and as amended herein, is hereby approved and confirmed and said apportionment is hereby declared to be in accord- an ~e wi~h the b~nefits which the property in said Dis- tri ct will receive by reason of the construction of said imp rovements; and a share of said cost is hereby assessed to a nd upon each lot or tract of land within the District in t he proportions and amounts set forth in said Resolution and Notice, as amended herein: · Co rrected Ass essment $1 41.48 $277 .64 $ 92.77 Name and Address 1971 34 1 09 020 Gerdes, Larry S. & Vickie E., Jt Ten 2751 S. Lincoln Englewood, Colo. 80110 Lot & Block N 18' 35; all 36 1971 34 1 11 018 40, Lee, Elma H. 41 2935 S. Lincoln Englewood, Colo. 80110 2077 04 4 09 002 2 Barnes, Emory S. & Alice E. 4108 S. Jason Englewood, Colo. 80110 Subdivision 1 Killies Sub Res 2/3 1 Strayers Bdwy Hts 1 Oxford Hts Section 2. That of the whole cost of $48,783.02, the City of Englewood will pay $13,S51.21, leaving a balance of $35,231.81 to be assessed against the real prop erty in said District, in accordance with Resolution No. 1 , Series of 19 7 5. Section 3. That said assessments shall be due and payab le at the Office of the Director of Finance, without dema nd, within thirty (30) days from and after the final publica tion of this Ordinance. 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 days, then the pro rata cost of said imp rov ements so assessed against his property, together with interest at the rate of five (5\) percent per annum on a ny unpaid balance, shall be payable in ten (10) equal annua l installments, the first of which installments of prin c ipal and interest shall be due and payable on or befo re January 1, 1976, and the remainder of said install- -3- • • • ments shall be due and payable successively on or before the 1st day of January in each year thereafter until said principal and interest are paid in full. Failure to pay any installment, whether of principal or interest, when due shall cause the whole of the unpaid principal to become 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 centum (lt) 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 amount of all unpaid installments 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 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. 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 adjudaed 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. Section S. 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 Engle- wood 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- • • • • • Introduced, read in full and passed on first reading on the 18th day of February, 1975. Published as a Bill for an Ordinance on the 20th day of February, 1975. Read by title and passed on final reading on the 17th day of March, 1975. Published by title as Ordinance No. I-'/ , Series of 1975, on the 20th day of March, 1975. ATTEST: ex ~rk-Treasurer I, Karl Nollenberger, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed OQ final reading and published by title as Ordinance No. /'f , Series of 1975. ~~~~ili'Clerk-Treasurer -s-