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Home My WebLink About1971 Ordinance No. 012Introduced a• a Bill by Councilman Lay BY AU'l'BORITY ORDillABCB BO. 12, SBRIBS OP 1971 All ORDillAEB APPROVIllG '1'llB WBOU: COS'!' OP '1'BE IMPROVE- ... ,. llADB IR PAVIllG DIS'l'IUCT BO. 19, IR 'l'BB CITY OF BmUNOOD, COIDRADO: APPROVIBG AllD COllPIRMIBG 'l'BE APPORl'ICllllBft OP SAm COS'!' '1'0 BACH un OR 'l'RAC'l' OF LAii> IB SAm DIS'l'IUC'l'r ASSBSSDIG A SBARB OP SAm COST AGADST UCB 1Dt OR TRACT OP LAlll> IR TBB DISTRICT: PRBSCRDIBG '1'BB llADBR POR '1'BE COLLBC'l'IOB AllD PAYMBB'l' "' SAm ASSBSSNBftSr AIB> DBCLARIRG Alf BMBRGBRCY. 1111BRBAS, by Ordinance llo. 8, Series 1970, finally passed and adopted on March 16, 1970, the City council has created Paving District No. 19, within the City of Bnglewood, for the purpose of constructing and installing certain •tr .. t and alley i11provementa therein: and WBBRBAS, the ilDprovementa authorized by said Ordinance have been eo11pleted and accepted by the City and the whole coat of such improvements h•• been deterainedr and WllBRBAS, an ••••••ment roll has been prepared and a statement showing the total co•t of the improvement• ha• been duly filed with the City council and due notice was given that the City council would meet to hear and consider objection• to the ••••••11ent roll on Monday, March 22, 1971, and that the owners of property named in said ••••••ment roll might, on or before March 18, 1971, file with the Director of Finance, in writing, his or their objections to the a•••••-ntar and WllBRBAS, the City council has heard and considered all objections to the ••••••-nt roll and the following changes and corrections were made: ·-and Addr••• De.p.ey B. • Dael B. tftdrley 4001 S. Grant Jlarion B. • Iola B. Ba•a.ood 230 B. •••••u Ave. Rudolph w. Carlson • Batate Edith a. Carlson 3800 s. Galapago Williaa I. & IAollar B. warren 4103 South Clarkson Harold D. & Violet A. Voight 3930 s. Pearl Ida M. Valentine 3961 s. Pearl Walter P. & May R. Gardner 619 Borth Lafayette Barl G. & Mardell• c. Grein 4220 South llUron Bl.mo w. & Bonnie R. Upchurch 4230 South Buron Lucille Peiffer 4244 South Buron Refugio B. & Geneva R. Gonzale• 4250 South suron AUCJU•t P. & M. Juanita Potthoff 4254 South Buron Ployd M. & Karen L. Richard•on 2711 S. Linley Ct. Legal Description Bit lots 47 & 48 Block 11 South Broadway Hts. · wit lot• 47 & 48 Block 11 South Broadway Hts. Lot• 1 & 2 •• 10' of 3, Block 16 Loqandale 2nd filing s 15' of lot 3 & all 4 & 5, Block 16 Logandale 2nd filing Lot• 12-14 Block 2 South Broadway Hts. Lot• 15 • 16 Block 2 South Broadway Hts. Lot• 1-4 Block 25 Jacksons Broadway &ta. Lot• 5 • 6 Block 25, Jackson's Broadway Heights Lota 7-9 Block 25, Jackson's Broadway Heights Lota 10 & 11 Block 25, Jackson'• Broadway Heights Lots 12 & 13 Block 25, Jackson'• Broadway Heights Lot• 14 • 15 Block 25, Jackson'• Broadway Height• Lot• 16 • 16 Block 25, Jackson'• Broadway Heights Assessment Old New -- $542.94 $295.19 none $247.75 $407.96 $489.53 $611.89 $530.32 $52.61 $105.22 $157.84 $105.23 $728.67 $711.69 $344.08 $335.91 $516.12 $503.86 $414.18 $406.01 $344.08 $335.91 $344.08 $335.91 $344.08 $335.91 aa.. and Addr••• Gordon 'I'. Bailey 'l'ru•t- 4274 South Buron 'l'belma P. & Peter J. Spo•er 737 weat Quincy George B. & Margaret R. JlcLaughlin 4211 south auron Albert z. & Ann M. Johanne• · 4235 South auron J-• D. & Joyce C. llcConnell 4245 south auron Aubrey B. & A. Marjorie Gat•• 4247 South Buron Francia M. & Bva Quig9in• 4251 South auron Alfred A. & Geraldine P. •i•mth 4275 South Buron 'l'holla• Daniel & cleah Jane .. bb 4285 south auron Louia Jr. & Ruth Blaine Allbro•• 4295 South auron llorvel Fout 4185 south auron Legal Deacription Lot• 18 & 19 Block 25, Jackaon's Broadway Height• Lot• 20-24 Block 25, Jackaon'• Broadway Heights unplatted unplatted unplatted unplatted unplatted unplatted unplatted unplatted '!'hat part of the Sit Ssl, Sec. 4-5-68 daf 1 conn. at a point 440' S of D cor. of the Sit SBl.i Sec. 4-5-681 th W 198' 7 th S 220' 7 th B 198 1 1 th B 220' to pob Aaaessment Old Rew -- $344.08 $335.91 $860.20 $839.76 $1,340.20 $1,308.34 $344.08 $335.91 $584.94 $571.04 $430.10 $419.87 $430.10 $419.87 $392.25 $382.93 $392.25 $382.93 $412.90 $403.09 none $201.54 1fllBRBAS, froaa th• atatement made and filed with the City council, it appear• that the whole coat of aaid improvement• is the sum of $459,566.96, of which amount th• City of Bnqlewood will pay $101,640.50, leaving $357,926.46 to be ••••••ed a9ainat the real property in aaid District, said amount including coat• of inapection, collection and other incidentals and also including interest •• allowed by law1 and 1ftlBRBAS, froaa aaid atatement it also appears that the City council has apportioned a ahare of the whole coat to each lot or tract of land in said Diatrict, in accordance with the benefit• to be derived by said property and in the proportion• and amount• aeverally aet forth in a Reaolution adopted by the City council on the 16th day of February, 1971, and in a public notice published in the Bnqlewood Herald, which Reaolution and lk>tice are by reference made a part hereof 1 BB IT ORDADBD BY '1'BB CI'l'Y COOJK:IL OP 'l'BB CITY OP ERGLEWOOO, COLORADO: Section 1. '!'hat th• whole coat and apportionment of the same, as set forth in aaid Reaolution and Botice, and •• amended herein, is hereby approved and confirmed, and ••id apportionment i• hereby declared to be in accordance with the apec:ial benefit• which th• property in the Diatrict will receive by reason of tbe conatruction of aaid improvement•, and a ahare of said coat is hereby assessed to and upon each lot or tract of land within the Diatrict in the proportions and amount• ••t forth in aaid R••olution and llOtice, •• amended. Section 2. That aaid aaaeaamenta ahall be due and payable at the office of the Director of Finance of the City of Bnqlewood, within thirty days after the final publication of thi• Ordinance, without demand1 provided that all such •••••• .. nta .. y, at th• election of the property owner, be paid in installments, with intereat •• hereinafter provided. Failure to pay the whole assessments within aaid period of thirty day• ahall be concluaively considered and held an election on tbe part of all peraon• intereated, whether under disability or otherwiae, to pay in auch in•tallmenta. such election ahall be conaluaively held and considered as a waiver of any right to queation the power or juriadiction of the City of Englewood to con•truct th• illprovementa, the quality of the work, the regularity or sufficiency of the proceedinq•, or the validity or th• correctne•• of the assessments, or the validity of the lien thereof. ii I I I ;I In the event of •uch election to pay in in•tallmente, the assess- 1Mtnt• •hall be payable at the office of the county Trea•urer of Arapahoe county, Colorado, in ten (10) equal annual in•tallments of principal, the first of which in•tallllent• of principal •hall be due and payable on or before the lat day of January, 1972, and the remainder of ••id in•tallment• •hall be due and payable •ucce••ively on or before the l•t day of January, in each year thereafter, until paid in full, with int•r••t on the unpaid principal at the rate of six and one- half per cent (6-1/2") per annum, comeneing on January 1, 1972, and payable each year at the time of paying in•tallment• of principal. Section 3. Failure to pay any in•tall.JDent, whether of principal or int•r••t, when due •hall cau•e the whole of the unpaid principal to become due and payable i-4iately, and the whole amount of the unpaid principal and accrued inter••t •hall thereafter draw intere•t at the rate of one per centum (l") per 110nth, or fraction of a month, until the date of tax sale, as provided by law. At any ti.lie prior to the date of the tax •ale, the owner may pay the BllOunt of all unpaid in•tall.JDent• with inter••t at one per centum (1%) per month, or fraction of a 110nth, and all penalti•• accrued and •hall thereupon be restored to the right thereafter to pay in in•tall.JDent• in the ••me manner as if default had not been •uffered. 'fh• owner of any property not in default as to any in•tall.JDent or payment may, at any time, pay the whole of the unpaid principal with accrued int•r••t to the date of the next ••••••ment installment payment date. Section 4. Payment• may be made to the Director of Finance at any time within thirty day• after the final publication of this Ordinance, and an allowance of five per centua (5") will be made on all payments made during such period, but not thereafter. I• adiately after the expiration of such thirty day period, said •••••• .. nt• •hall be certified to the County Tr•••urer of Arapahoe county, Colorado, for collection, a• provided by law. Section 5. That if any tract of real property included within Paving Di•trict llo. 19 i• hereafter divided or •ubdivided into two or more such tracts or parcela, the Director of Finance, with the •••i•tance of the Director of Public Works, i• hereby authorized and directed to divide the assessment against such tract in the .... proportion that the tract it•elf i• subdivided into two or more •uch parcela, and to certify the revised ••••••mente to the Treasurer of Arapahoe County, Colorado. Section 6. All •••e••ment• levied against the real property in Paving Di•trict llo. 19, together with all intere•t thereon and penalties for default in pa)'llmlt thereof, and all co•t• in collecting the •ame, •hall constitute, from the date of the final publication of thi• ordinance, a perpetual lien in the several BllOunt• ••••••ed again•t each lot or tract of land. such lien shall have priority over all other lien• except general tax lien•, and •hall be enforced in accordance with the lava of the State of Colorado. Section 7. That if any one or more ••ctions or parts of this Ordinance •hall be adjudged unenforceable or invalid, •uch judgment shall not affect, impair, or invalidate the re .. ining provi•iona of thia Ordinance, it being the intention that th• varioua provi•ion• hereto are ••verable. Section 8. By reaaon of the fact that bonds of Paving District No. 19 are now out•tanding and intereat thereon will ahortly become due and payable, fund• •u•t be .. de available from aaaeaamenta at the earliest possible date for pa)'llmlt of •uch intereat, and for the iaaediate preservation of the public property, health, peace and ••fety, it i• hereby declared that an emergency exists and that thi• Ordinance •hall take effect upon it• final passage. Section 9. All ordinance•, or part• thereof, in conflict herewith are hereby repealed. 'fhi• Ordinance, after it• final pae•age, shall be recorded in a book kept for that purpo•e, •hall be authenticated by the signatures of the Mayor and Director of Finance, and •hall be publi•hed in the Englewood Herald, a D9Wapaper of general circulation published in said City, within seven days after it• final pa•aage, and •hall be and remain irrepealable until the assessments hereby made ahall be paid in full. Introduced, read in full and passed on first reading on the 5th day of April, 1971 Publi•hed •• a Bill for an Ordinance on the 7th day of April, 1971. Read by title and pa•sed on final reading on the 19th day of April, 1971. Publi•h•d by title as Ordinance &o. 12, Series of 1971, on the 21st day of April, 1971. ~~ /llA'tOR AftBSTa I, Stephen A. Lyon, do hereby certify that tbe above a true, accurate, and complete copy of an Ordinance, passed on publi•hed by title a• Ordinance Bo. 12, Serie• of 1971. is and