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Home My WebLink About1974 Ordinance No. 032• • INTRODUCED AS A BILL BY COUNCILMAN BLESSING BY AUTHORITY ORDINANCE NO. .i/.2 , SERIES OF 1974 All ORDillAHC! llUSSESSI?E <ZRTAIN PROPERTY WI'DllN PAVIRG DISTRICT t«>. 20, IN THE CITY OF Et«ilEWOD, COLORADO; PRO- VIDING FOR THE PAYMENT AND COLLECTION OF SAID ASSESSMENT. WHEREAS, the City Council has, by Ordinance No. 7, Series of 1971, finally passed and adopted on March 15, 1971, created Paving District No. 20 for the purpose of constructing and installing certain street improvements therein; and WHEREAS, by Ordinance No •. 12, Series of 1972, of the City finally passed and adopted on April 17, 1972, the City Council assessed the cost of the improvements against the property specially benefited and included within the Special Improvement District; and ~ WHEREAS, on March 29, 1973, the District Court of Arapahoe County, Colorado, in Civil Action No. 29802, issued a Permanent ·Injunction which prohibited the City from col- lecting the assessment levied pursuant to Ordinance No. 12, Series of 1972, against the following described property owned by Caroline B. Weist: That realty located in Section 35, Township 4 South, Range 68 West, described as follows, to-wit: Beginning 16 feet east of the southeast corner of Lot 25, Dobbins Resubdivision; thence east 166 feet; thence north 192.9 feet; thence west 166 feet; thence south 192.9 feet to the point of beginning. WHEREAS, the City Council has determined to reas- sess the above described property: '··· -1- • • •• BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Reassesement of Costs. That the pro- perty described below. is hereby reassessed for its propor- tiotaate share of the .cost of the improvements in Paving District No. 20: That realty located in Section 35, Township 4 South, Range 68 West, described as follows, to-wit: Beginning 16 feet East of the Southeast corner of Lot 25 Dobbins Resubdivision; thence East 166 feet; ~hence North 192.9 feet; thence West 166 feet; thence South 192.9 feet to the point of beginning; except that part described in Book 2220, page 287 • Construct 4" curbwalk Type II - 164.5 L.F. at $6.76565385/L.F ••..•••• Construct 6" curbwalk Type II - 1.5 L.F. at $6.90096693/L.F. . . . . . . . Front Zone Paving - 8,022.8 S.F. at $0.04456226/S.F •.....• Rear ·Zone Paving - 11,548.6 S.F. at $0.02228113/S.F •••••• ASSESSMENT TOTAL ••..•••••.•••...••....• * * * * * * * * $1,112.95 10.35 357.51 257.31 $1,738.12 The North 75 feet of the following described property: That part of Block 4, EVANSTON -2- • • BROADWAY ADDITION, now vacated, des- cribed as follows: Beginning at the intersection of the Eastline of alley which extends along the East side of Dobbin's Re~ubdivision, as shown upon recorded p~at thereof with North line of County road, also designated as East Cornell Avenue, as shown on said plat, thence East along the North line of said County road or East Cornell Avenue ex- tended a distance of 166 feet; thence North at right angles a distance of 202.9 feet, more or less, to the South- east corner of tract conveyed to John T. Roberts, Jr., by Warranty Deed dated June 11, 1926 and recorded in Book 238 at page 534; thence West along the South line of said Tract conveyed, 166 feet to East line of said alley; thence South along East line of 'said '.alley 202.9 feet; more or less, to place of beginning • Rear Zone Paving - 12,450 S.F. at $-0.02228113/S.F. . . . . . ASSESSl-IENT TOTAL ••.••• · .••••.•••••••••••• $ 277.40 $ 277.40 That the assessment is in accordance with the •pecial benefits which the property received aa a result of the construction of the improvements within the District. Section 2. Payment of Assessment. That said aaaea•ment shall be due and payable at the office 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, within in- -3- • • tereat aa hereinafter provided. '!be 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 t~ pay in installments, the as1e11ment shall be payable at the office of the County Treasurer of Arapahoe · County, Colorado, in 10 equal annual inatallmenta of principal, the first of which installments of principal shall be due and payable on or before January 1, 1975, and the remainder of said installments shall be due and payable successively on or before the lat 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 ord- inance, and payable each year at the time of paying instal- lments. Section 3. Penalty for Default or Non-Payment. Failure to pay any installment, whether. of principal or interest, when due shall cause the whole of the unpaid prin- cipal to become due and payable i~diately, and the whole amount of the unpaid principal and accured interest shall . thereafter draw interest at the rate of one per centum c1ib per month, or fraction of a month, until the date of tax sale, as provided by .1.aw w At any time prior to the date of the tax sale, the owner may pay ~he amount of all unpaid install- ments with interest at one per centum (1%) per month, or franction 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. '!be 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 Pa~nt of Assessments. Payments may be made to the Director<;; Finance at any time within thirty days after the final publication of this Ord- inance, and an allowance of five per centum (5%) will be made on all payments made during such period, but not there- after. The discount of 5% shall apply to all such payments, whether the payment is the entire amount. of asessment due, or a part of the assessment. Inmediately after the expiration -4- \. • • • of such thirty day period, the aaaeaament shall be certified to the County Treasurer of Arapahoe County, Colorado, for collection, as provided by law. · Section 5. Assessment Lien. The aaaeaament, to- gether 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 section• or parts of this Ordinance shall be adjudged unen- forceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisiona hereof are 1eV9rable. Section 7. Repealer. All Ordinances, or parts thereof, in conflict herewith are hereby repealed . Section 8. Public Hearing. A public hearing on this Ordinance shall be held at the City Hall, on Sept- eaber 3, 1974, at the hour · of 8:00 P.M. Section 9. Recording and Authentication. this Ordinance, after a public hearing and final passage, shall be recorded in a book kept for that purpose, shall be auth- enticated by the signatures of the Mayor and Director of Finance, and shall be published in the Englewood Herald, a newspaper of general circulation published in said City. . Introduced, read in full and passed on first reading on the 15th day of July, 1974. Published as a Bill for an Ordinance on the 18th day of July, 1974 • -5- • • • • Read by title and passed on final reading on the 3rd day of September, 1974. Published by title as Ordinance No. ...?ca , Series of 1974, on the /,2~ day of September, 1974. ATTEST: ex officio I, Karl Nollenberger, do hereby certify that the above and foregoina is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. ,392 , Series of 1974 • Clerk-Treasurer -6-