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HomeMy WebLinkAbout1966 Ordinance No. 005BY AUTllORI'l'Y' ORDillAllCB BO. 5, SBRIBS OP 1966 All ORDillAllCB APPROVmG THB WBOLB COS!' OP '1'1111 DIP~ r.AD• Ill um POR PAVIBG DiftRIC'l' RO. 15, IR TBB CITY' OP BmLBWOCD, COLOltADCh ~-AllD COllPIRll- %90 '1'BB APPOR'l'ICllllD!' OP SAID COS!' '1'0 BACH LOI' OR !'RAC!' Gr LAm Ill IAID DI8'1'RIC'1'1 ASSBSSDG A 8llARB OP SAID COS!' AGAIRft BACH LO!' OR !'IAC!' C. LAD I• llflm Dil!'RIC'1'1 PRB8CIUBI9G TBB llAllllBR POR THB COLLBC'l'IOB AllD PAYlllM' OP IAID AllDllllftlr um DBCLARDIG All BllBRGBRCY. 1111BRBAS, there ha• been compliance with all th• proviaion• of law relating to the conatruction of paving improvement• in Paving Di•trict Ro. 15 in the City of Bnglewood, Colorado, created purauant to Ordinance Ro. 5, Seri•• 1965, finally adopted and approved on the 15th day of March, 19651 and 1fllBRBAS, the iaprovmaent• authorized by aaid Ordinance Ro. 5, Serie• 1965, have been caapleted and accepted by the City and the whole coat of auch improvement• ha• been detenained1 and WJSRBAS, an aaaeaament roll ha• been prepared and a atatement showing the total coat of the improv .. ent• ha• been duly filed with the City Council and due notice waa given that the City Council would meet to hear and consider objection• to the aaaea ... nt roll on Monday, April 11, 1966, and that the owners of property named in •aid aaaea ... nt roll might, on or before April 7, 1966, file with the City Clerk, in writing, hi• or their objection• to the a••••mnent•1 and llllBRBAS, the City Council met at the time and place specified in the Notice and all objection• were heard and conaidered1 and Mary Jane VanBenahoten (Duncan Wilke), 3600 Blocks. Grant, Lots 4 & 5, Block 3, A. w. Riner'• Subdiviaion, $62.931 James w. Chandler & Vera c. Chandler, Lot 1, Block 5, Viata Rt•. 2nd Piling, $1,104.15: James w. Chandler & Vera c. Chandler, Lot 2, Block 5, Viata Rta. 2nd Piling, $365.551 John B. Pinn & Rose Finn, N. 5.68' Lot 3, Block 5, Viata Ht•. 2nd Filing, $14.581 John w. Btchison & Frances w. Etchison, R 5.68' Lot 8, Block 5, Viata Bta. 2nd Piling, $15.741 Bdwin Harrold Logan & Ruth Hannah Logan, Lot 9, Block 5, Vista Hts. 2nd Pilinq, $406.78: James w. Chandler & Vera c. Chandler, S 78.5' Lot 10, Block 5, Vista Hts. 2nd Piling, $216.99: Indus- trial Builders, Inc., s 100' Lot 5, Block 1, Bnqlewood Ind. Park, $261.48: Lot 6, Block 1, Bnqlewood Ind. Park, $653.70: Lot 7, Block 1, Bnqlewood Ind. Park, $653.70: 8. 100' Lot 8, Block 1, Bnglewood Ind. Park, $261.481 8 100' Lot 5, Block 2, Englewood Ind. Park, f261.481 Lot 6, Block 2, Bnglewood Ind. Park, $653.701 Lot 7, Block 2, Bnglewood Ind. Park, $653.701 s 100' Lot 8, Block 2, Bnqlewood Ind. Park, $261.48: Bl.lier J. VanBoy & Jeaaie M. VanBoy, Lot 1, Block 6, Vista Bta. 2nd Piling, $3,006.41: Pred 8. Craven & Auguata L. Craven, &~ Lot 2, Block 6, Vista Rt•. 2nd Filing, $389.62: Harold A. Stoner & Marie R. Stoner, S~ Lot 2, Block 6, Viata Rta. 2nd Filing, $334.74: • 5.68' Lot 3, Block 6, Viata Bta. 2nd Pilinq, $23.95. WllBRBAS, fro11 the atatement made and filed with the City Council, it appears that the whole coat of aaid improvement• is the amn of $336,579.87, of which amount the City of Bnglewood will pay $93.387.76, leavinq $243,192.11 to be assessed against the real property in •aid Diatrict, aaid amount includinq coat• of inspection, col- lection and other incidentals and alao including intereat a• allowed by law: and WJSRBAS, frcm aaid atat .. ent it alao appear• that the City Council has appor- tioned a ahare of the aaid whole coat to each lot or tract of land in said District, in accordance with the benefit• to be derived by said property and in the proportions and ..aunt• aeverally aet forth in a Reaolution adopted by the City Council on the 7th day of March, 1966, and in a public notice, published in 'the Englewood Herald and Bnterpriae on March 17, 24 and 31, 1966, which Reaolution and &otice are by reference llad• a part hereof 1 BB I!' ORDAillBD BY THB CITY COUllCIL OP TBB CITY' OP mGLB1IOOD, COLORADO: Section 1. 'fhat the whole coat and apportionment of the same, as set forth in aaid Resolution and &otice, and a• mnended herein, is hereby approved and confirmed, and aaid apportionment i• hereby declared to be in accordance with the benefits which the property in aaid Diatrict will receive by reaaon of the construction of said 111prov ... nta, and a ahare of aaid coat is hereby aaaeaaed to and upon .each lot or tr.ct of land within the Diatrict in the proportions and amounts set forth in said .. solution and Rotice, a• amended. Section 2. 'fhat aaid aaaea .. ent• •hall be due and payable at the office of the City !'reaaurer, within thirty day• after the final publication of this Ordinance, without d .. and1 provided that all auch aaaea ... nt• may, at the election of the pro- perty owner, be paid in inatallmenta, with intereat as hereinafter provided. Pailure to pay the whole ••••• ... nt within aaid period of thirty day• shall be conclusively conaider .. .nd held an election on the part of all persona interested, whether under diaability or otherviae, to pay in such installment•. In caae of auch election to pay in inatallmenta, the aaaea ... nts shall be payable at the office of the County !'reaaurer of Arapahoe County, Colorado, in ten (10) equal annual installments of principal, the firat of which inatall.JDenta of principal •hall be due and payable on or before the lat day of January, 1967, and the remainder of aaid installments shall be due and payable aucceaaively on or before the lat day of January, in each year thereafter, until paid in full, with interest in all ca••• on the unpaid principal at the rate of aix per centum (6") per annum, payable each year at the time of paying - ! f\6!.l ~ 3 .7 J. . . • i , ~37~ • • in•tall.llent• of principal. Failure to pay any installment, whether of principal or intere•t, when due ahall cauae the whole of the unpaid principal to become due and payable i adiately, and the whole amount of the unpaid principal and accrued inter- ••t 8hall thereafter draw interest at the rate of one per centum Cl') per month, or fraction of a month, until the date of tax aale, aa by law provided, but at any time prior to the date of the aale, any owner may pay the amount of all unpaid install- llellt• with intere•t at one per centmn (l") per month, or fraction of a month, upon all delinquent inatall.llenta, and all penalti•• accrued and 8hall thereupon be restored to th• ri9ht thereafter to pay in inatallmenta in the .... manner as if default had not been 911ffered. 'fhe owner of any property not in default aa to any installment or payment a&y at any time, ~ay the whole of the unpaid principal with accrued in- ter••t to th• date of the next aaaeamaent inatallment payment date. Payments may be .. .s. 9'o the City Treaaurer at any time within thirty day• after the final publi- cation of thi• Ordinance, and an allowance of five per centum (S") will be made on all payment• •ade durin9 auch period, but not thereafter. Inanediately after the expiration of auch thirty day period, said aaaeaamenta shall be certified to the County Trea8\lrer of Arapahoe county, Colorado, for collection, as provided by law. Section 3. That if any one or more aectiona or parts of this Ordinance shall be adjudcJed unenforceable or invalid, auch judgment ahall not affect, impair, or invalidate the r8111ainin9 provi•iona of this Ordinance, it bein9 the intention that th• varioua provi•iona hereof are aeverable. Section 4. By reason of the fact that bond• of said Paving District No. 15 are now out•tandin9 and intereat thereon will shortly become due and payable, funds ma•t be .. de available at the earliest possible date for payment of such interest, and for the U..ediate preaervation of the public property, health, peace and safety, it i• hereby declared that an emergency exists and that this Ordinance shall take effect upon ita final paaaaqe. Section 5. Thi• Ordinance, after its final paasa9e, shall be recorded in the City Ordinance Book kept for that purpose, •hall be authenticated by the signatures of the llayor and City Clerk, and ahall be publiahed in 'l'he Englewood Herald and Bnterpri .. , a n.w•paper of general circulation published in said City, within seven day• after it• final pa••acJe, and •hall be and remain irrepealable until the assess- -nt• hereby aade •hall be paid in full. Section 6. A public Bearift9 on the Ordinance will be held at the City Hall in BncJl...ood, Colorado, on Monday, the 2nd day of May, 1966, at the hour of 8:00 o'clock P.K., before conaideration by the City Council of its Pinal Passage and Adoption. Dft'RQDUCBD AllD RBAD Thia 18th day of April, 1966 PDIALLY ADOPTBD ARD APPROVED Thia 2nd day of May, 1966. ~a//,/-c_ ~ C7" Mayor AftBST1 crty clerk tp