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HomeMy WebLinkAbout1973 Ordinance No. 011IITRODUCID AS A BILL BY COUNCILWOMAN HENNING. BY AUTHORITY ORDINANCE HO. 11 , SIRIIS OF 197) - All ORDIIAllCI APPROVING TRI WBOLI COST or THI IllPROYlllENTS MADE IN PAVING DISTRICT 10. 21, IN TBB CITY OF INGLIWOOD, COLORADO: APPROVING AND CONFIRMING THE APPORTION- lllJIT OF SAID COST TO JACH LOT OR TRACT or LAND IN SAID DISTRICT; ASSESSING A SHARE or SAID COST AGAINST JACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBING THE llAJlllR roa THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. WBIRIAS, b7 Ordinance No. 7, Series ot 1973, tinally passed and adopted on Pebruar7 22, 1972, th• City Council has created Paving District No. 21, within the Cit7 ot Enalewood, tor the purpose ot constructing and installing certain street and all•J 1-proY .. ent• thereinJ and WBBllJAS, the iaproveaenta authorized by said Ordinance have been completed and accepted bJ the Cit7 and the whole coat ot such improvements has been determined; and WB.IRIAS, an aaeea•aent roll baa been prepared and a statement showing the total co•t ot the illproYeaent• bas been duly tiled with the City Council and due notice was liYen that the Cit7 Council would aeet to bear and consider objections to the assessment roll on Konda7, Karch 26, 1973, and that the owners ot property named in said assessment roll ai1ht, on or before March 22, 197), tile with the Director or Finance, in writing, his or their obJeotiona to the aaaeaaaenta; and WHIRIAS, the City Council baa heard and considered all objections to the assess- ••nt roll and the tollowin1 chance and corrections were made: OWDer l. Leona lo•• ' Robert Muaob 2834 So. Acoaa Street 2. Harold L. I Dorothy A. Yolaer 2920 So. llati St. 3. l•••l M. Jones 4797 So. Grant 4. Charley H. I Grace I. McCarty 4801 So. Grant '· loaeph A. and Sharron Grace Vandel 4800 So. Sheraan St. 6. Charlie M. I Harrie Lyle Anderson 790 So. Sheraan St. 7. Irwin I. I Laura s. Fanaelau 481' So. Lotan St. 8. llr. I Jira. Frank Flick 482' So. Lo1an St. (Own•r•hip list shows Kverett E. and Rub7e G. Marshall) 9. Dennis C. ' Doria A. Kathol 4835 So. Lo1an St. 10. K. L. and lxie K. Rhoden 4851 So. Lo1an St. 11. M.G.B. Associate• (M.A. leith, President) 3070 So. W7andot St. 12. Ka7bell J. Turnbull and Dw&JDe G. Poarenin1 2180 W. Cornell Ave. 13. Celeste Blair and John Banks Scbaitt 2495 So. Raritan Street 14. Merrill Iner. Laba., Inc. 2390 So. TeJon St. 15. Bdna Du1an 1828 W. Wesley Ave. 16. O.D. I Helen M. Arthur 853 So. Broadway Lot Si ot 10; all or 11 5 and 6 25 and 26 47 and 48 1 and 2 2J and 24 44, Ni ot 43J N 22' or 42, Si ot 43 40, 41 • 2 3 1 or 42 JS and 39 36 and 37 J and 4 7 and 8 lJ N 72.16' or 2 Block 16 J 70 75 75 70 76 76 76 76 8 9 Subdivision Idlewild S. G. Hamlin's Harlem . Harlem Harlem Harlem Harlem Harlem Harlem Harlem Vista Heights Second Vista Heights Second Change Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Be1. 25 tt. I ot SE Cor. or Si or SWi or NEi or)From SW! ot Sec. 28-4-68; Tb w 61 rt.; TH N JJO rt.; )$4684.46 Tb E 61 rt.; Th S JJO ft. to Beg., Ex. Rds. )to ~4625. Si or NW! or NE1 or SW1, Fly. Blk. 64, Breenlow) .. I Park, Ex. Rda. 28-4-68 )Denied That part of the Ni SW1 NEt SWt Sec. 28-4-68, formerly known as Lots 29-Jl, Blk. 67, Breenlow Park, Now Yao. Beg. 330' H and 50' W or the SE Cor. ot NW1 Seo. J-5-68; Th W 125'; Th S 25'J Th E 125'J Th N 25' to Beg. Denied Denied Owner 17. 18. 19. 20. Clifford L. Williaae (llr. I Mre.) 3984 So. Penne7lvania St. Jqllan Beraan Clar and Lillian S. Ball 3'29 So. Elati St. Stanle7 o. I Ruth s. lroa 3'42 So. Pox St. Jolul A. I Noraa Jean Coaer 436' So. Galapa10 Lot 21-26 S 5' or 8; all or 9 and 10 19 & 20 Jl and .32 Block 2 2 2 8 Subdivision Englewood Englewood Englewood Wollenwebers Bdwy. Hts. 2nd Addition Change Denied Denied Denied Denied WHEREAS, troa the stateaent nade and tiled with the City Council, it appears that the whole coet ot eaid iaproveaents is the sum or $378,372.64, of which amount the Cit7 ot Enclewood will pay S51,)66 .05, leavin1 S.327,006.59 to be assessed against the real propert7 in the District, said aaount including coats or inspection, collection and other incidentals and also including interest as allowed by law; and WHEREAS, troa aaid atateaent it also appears that the City Council has appor- tioned a abare or tbe wbole coat to each lot or tract or land in the District, in accor- danoe with the benefit• to be derived by said property and in the proportions and aaount• eeverall7 eet torth in a Reeolution adopted by the City Council on February 20, 1973, and in a public notice published in the Inglewood Herald, which Resolution and lotioe are b7 reference aade a part hereof; Bl IT ORDAillD 81 THI CITY COUNCIL OF THI CITY OF ENGLEWOOD, COLORADO: Section 1. Contiraation ot Asaessaent Roll. That the whole cost and apportionment of the aaae, aa eet Porth In said Re1>iutlon and Notice, and as amended herein, is hereby approved and contiraed, and eaid apportionaent is hereby declared to be in accordance with the epecial benetita which the property in the District will reoeive by reason of the construc- tion ot aaid iaproveaente, and a share ot said cost is hereby assessed to and upon each lot or tract ot land within the District in the proportions and amounts set forth in said Reaolution and Notice, ae aaended. Section 2. PiP.ent ot Aeeeeaaente. That the assessments shall be due and payable at the offioe ot ~ blrector or Plnance or the ~ity ot 1n11ewood, within thirty days arter the final publication or this Ordinance, without deaandJ provided that all such assessments aa7, at the election ot the property owner, be paid in Installments, with interest as hereinafter provided. Failure to pay the whole assessments within said period of thirty da7a ahall be conclueivel7 considered and held an election on the part of all persons intereated, whether under disability or otherwise, to pay in said installments. Such election aball be conclusively held and considered as a waiver or any r11ht to queation the power or Jurladiction or the City ot ln1lewood to construct the iaproveaenta, the qualit7 ot the work, the regula~ity or sutticiency or the proceedings, or the validit7 or the correctness ot the assessments, or the validity of the lien thereof. In the event ot auch eleotion to pay in inatallaenta, the assessments shall be pa7able at the ottice ot the County Treasurer or Arapahoe County, Colorado, in ten (10) equal annual inatallaente or principal, the tirst or which installments or principal •hall be due and pa7able on or before the lat day ot January, 1974, and the remainder ot aaid inatallaenta shall be due and payable aucceasivel7 on or before the 1st day ot Januar7 1 in each 7ear thereafter until paid in rull, with interest on the unpaid princi- pal aaount at the rate ot five per centua (5S) per annum, commencing on May 19, 197J, and pa7able each 7ear at the tiae ot payin1 installments ot assessments. S.ot1on 3. Penaltf tor Default ot lon-Pal!ent. Failure to pay any installment, whether or prtnoipal or In eree\, when due •hall cause the whole or the unpaid principal to became ··~ due and pa7able ilmediately, and the whole aaount ot the unpaid princi~al and accrued intereat •hall thereafter draw lntereat at the rate or one per centum (lS) per month, or traction ot a aonth, until the date ot tax sale, as provided by law. At any time prior to the date ot tbe taz aale tbe owner aa7 pa7 the aaount or all unpaid installments with intereet at one per centua {11) per aontb, or traction ot a aonth, and all penalties accrued and ehall thereupon be reetored to the ri1ht tbereatter to pay in installments in the same aanner aa it default bad not been euttered. The owner ot any property not in default as to aJl7 inatallaent or P&78•nt aay, at an7 tiae, pa7 the whole ot the unpaid principal with accrued interest to the date or the nezt aeaeaaaent inetallaent payment date. Section 4. Diacount on Pafjent ot Asseaeaents. Pa79ents aay be made to the Director of Finance a\ a117 \lie wi\ n thirty da7e after the final publication or this Ordinance, and an allowance ot tive per centua ('S) will be aade on all payments made during such period, but not thereatter. The discount ot 51 shall apply to all such payments, whether the paiment is the entire aaount ot aaseeaaent due, or a part or the assessment. Iaaediatel7 after the ezpiration ot such thirty-day period, the assessments shall be certified to the Count7 Treasurer or Arapahoe Count7, Colorado, tor collection, as pro- vided b7 law. I Section '· Aaaeasaent Lien. All aaaeaaaenta levied against the real proper~y 1n Pavinc District No. 21, to1ether with all interest thereon and penalties for default in pa111ent thereof, and all coats in collectin1 the aaae, shall constitute, from the date ot the final publication ot this ordinance, a perpetual lien in the several amounts aaaeaaed a1ain•t each lot or tract ot land. Such lien shall have priority over all other liens except 1eneral tax liens, and shall be entoroed in accordance with the laws of the State of Colorado. It an7 tract ot real propert7 included within Paving District Ho. 21 is hereafter divided or subdivided into two or aore such tracts or parcels, the Director of Finance, with the assistance ot the Director ot Public Works, la hereby authorized and directed to divide the aa•easaent a1ainat such tract in the aaae proportion that the tract itself is •ubdivided into two or aore such parcels, and to certlt7 the revised assessments to the Count7 Treasurer ot Arapahoe County, Colorado. Section 6. Severabilit,. That it any one or more sections or parts of this Ordinance shall be ad]u41e4 unen orceable or invalid, such Judgment shall not affect, impair or invalidate the reaainin1 provisions ot this Ordinance, it being the intention that the various provi•ions hereot are severable. Section 7. B11ergenc1 Provision. 87 reason or the tact that bonds of Paving Dist rict lo. 21 are now outstan4in1 and that interest thereon will shortly become due and pa7able, funds auat be aade available troa aaseaaaenta at the earliest possible date tor pa111ent or such interest, and tor the laaediate preservation or the public property, health, peace and aatei1, it i• hereb7 declared that an eaer1ency exists and that this Ordinance aball take effect upon it• tinal paaaa1e. Section 8. Repealer. All ordinances, pr parts thereof, in conflict herewith are hereby repealed. Section 9. Recording and Authentication. Thia Ordinance, after a public hearing and final paaaa1e, shall 6e recorded In a 6ooi kept tor that purpose, shall be authen- ticated b7 the ai1nature• ot the Mayor and Director ot Finance, and shall be published 1n the En1lewood Herald, a new•paper ot 1eneral circulation published in said City. 1973. ATTEST: ex Introduced, read in tull and passed on tirat readin1 on the 16th day or April, 1973. Publiahed as a Bill tor an Ordinance on the 19th da7 of April, 1973. lead by title and passed on tinal readin1 on the 7th day or May, 1973. Publi•hed by title aa Ordinance Ho. 11, Serles ot 1973, on the 10th day of May, ~~ lla7or I, Karl Nollenber1er, do hereb7 certify that the above and foregoing is a true, accurate and coaplete cop7 ot the Ordinance, passed on final reading and published b7 title aa Ordinance No. 11, Series ot 1973. ~No~~~ ex ol'?lclo-cnj-Cl:"l"H