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HomeMy WebLinkAbout1965 Ordinance No. 014.!I I '· I Introduced by Council.aan Fullerton BY AU'l'IK)RI'fY ORDDIAllCB RO. 14, SBRIU OP 1965 All ORDDNICB RBPBALDIG MID RB-BBACTDIG, WITll MlllmM•B, CllAPl'BR 14 OP THE MUNICIPAL CCJDB OP 'ftlB CI'fY OP aGLBlllOOD, (RBLA'l'IllG TO 'ftlB CDA'l'IOll OP SPBCIAL IMPROVBMD'l' DI81'1UC'l'S) TO B8LARGB tJ11011 '1'118 'fYPB OP IllnOVlllD'fS EICH IUGll'l' BB COllS'l'RUC'l'BD, IJl8TAT.t.lg) OR IllPROVBD 'l'llBRBUllDD AID> TO AUi'llORIZB CITY COUllCIL TO LBVY SPBCIAL um•••n BY U'l'ILIZA'l'IOB OP AllY llftll)I) 'l'llDBl'OR EICH RUUL'l'S IR ASSBSSMBRTS WHICH mil A SU&S'l'AftIAL RBLA'l'IOBSllIP TO '1'llB BBRBPI'l'S CCllPDRBD BY '1'BB IMPROVBMD'l'. a I'1' ORDAillBD ft '1'118 CrrY COUllCIL OP '1'llB CITY OP DGLBMOOD, COLORADO: ~tion 1. Chapter 14 of the Municipal Code of the City of Bnglewood, Colorado, i• her y repealed and r•-nacted to read a• follow•• •114.l Loctfl I!lprov~t Diatricta. 'fh• creation of local improvement cli.atricta fore conatru~on, lnatallation or iaprov .. ent of public improve- -nu of whataoever character, which confer a apecial benefit upon the property within the diatrict and a 9eneral benefit upon the City aa a whole, and which are to be paid for either wholly, or in part, by the levy of apecial assessments upon the real property within the diatrict, .. , be eatabliahed by the City COUncil either upon it• own initiative or upon a petition aigned by a majority of the landowner• within the propoaed diatrict, in accordance with the provi- aion• of Article X, Section 107 of the Charter of the City andvith the provisions of thi• Ordinance. 114.2 State Law to Control -Bxc•Dtiona. lbccept a• provided by the Charter, and except a• provided herein, for tho .. local improvements which are to be paid for, either wholly, or in part, by the levying of a special assess- .. nt upon thoae propertiea within the diatrict which •pecially benefit there- fraa, the procedure for the creation of local or apecial improvement districts in thia City for aaid purpoae, the conatruction or inatallation of improvements in •aid apecial or local improv .. ent diatricta, the iaauance and payment of bonds for coat• and expenae• of conatructing or inatallin9 auch improvements and aa .. aaing th• coat of conatruction or inatalliftCJ auch improvements shall be as provided by the atatute• of the State of Colorado relating to the creation of apecial or local iaprov-nt diatricta by atatutory citie•, aa such laws now exiat or aa th• •-may be -nded. 114.3 J!lprov .. enta Author!~. Local illprov ... nta which may be authorized by Council parauant to the provlaona of thia Ordinance may be of any nature which .. rve a 11Unicipal purpoae, and which confer a apecial benefit upon the real property within the diatrict, includin9, but not liaited to, the grading, pav- ing, curbing, pttering, parkift9 or otherwi•• illproving the whole or any part of any atreet, alley, or atreeta and alleya, of the City and the ccmstruction, inatallation or iaprov ... nt of any aidewalka, water aaina, sewers, sewer diapoaal work•, appliance• for artificial li9htin9, parka, parkways and off- atreet parking facilitiea, and all appurtenance•, extenaiona or renewals thereof1 provided, however, that the creation of auch diatricts shall not be the excluaive .. thod for the conatruction, inatallation or improvement thereof, and Council .. y authorize the conatruction, inatallation or improvement thereof in any other lawful llaftller. 114.4 Initiation of Pr on. Proceedings for the crea• tion of a apec a rov-nt atr ct purauant to the provi•ions of this Ordinance .. y be initiated by the filiftCJ with the City Clerk of a written peti- tion aigned by a .. jority of the owner• of the real property within the district deaignated in the petition, which petition ahall contain the following: (a) A deacription of the area to be included within the district: (b) A deacription of the nature of the improvements petitioned for, including the location• thereof 1 (c) 'lh• n-• and addre•••• of the aipera thereof, toqether with the leqal deacription of the parcel• or real proeprty owned by each. Any aucb petition which aub•tantially caaplied with the foregoing shall be deemed to be aufficient. 114.5 ~lution of Intention. Council ahall conaider each such petition ., filed, wi t, however, being caapelled to act favorably upon the same. Upon council'• favorable conaideration of any auch petition, or, in the absence of any auch petition, upon Council'• own initiative to conatruct or install any illprov ... nta provided for in thi• Ordinance, COUncil ahall adopt a resolution of intention to create a local iaprov ... nt diatrict, ahall aet a time and place for a public hearincJ thereon, and •hall direct the City Clerk to give publi• notice thereof. 114.6 Public llotice. 'fhe notice of public hearing upon the creation of any diatrict purauant to the proviaiona of thi• Ordinance ahall be published once a week for three week• in a nM1apaper of 9eneral circulation in the City and, in addition, a copy of auch notice ahall be .. iled, postage prepaid, to each known owner of real property within the propoaed diatrict. Said notice ahal.1 contain the followings ·~~,· .. . . :_!a.-K . (a) A deacription of the propoaed diatrict1 (b) A deacription of the iaprov ... nta to be conatructed, inatalled, or iaproved1 (c) 'lhe probable coat of the improv•enta1 (d) 'lhe mount, if any, of the fund• of the City which is to be devoted to aaid illprovement1 (•) 'lhe probable total amount of revenue which is to be raised by apecial aaaeaaaents to be levied upon the real property within the diatrU:t: (f) 'l'he time and place set for publJc hearing thereon: (g) '!'hat any peraon deairing to be heard upon the issue of the creation of the diatrict or upon the conatruction, installation or illprov-nt of the improv ... nt involved aay appear at the time and place Ht for the public hearing thereon for that purpose. 114.7 Authorising Ordinance. Subaequent to the public hearing, Council .. y, by ordinance, order creation of the diatrict for the construction, inatallation or illprov ... nt of the propoaed iaprov .. ents and may, by resolution provide for notice to contractor• to aubait bid• for the construction, installa- tion or illprov ... nt of the aaid iaprov .. enta, and for notice of sale of bonds to pay the coat• and expense• of conatructing, inatalling or improving the illprov ... nta and ahall, by ordinance, provide for the isauance and payment of auch bond•. 114.8 Aaaeaaaent of coata. All coat• of the conatruction, installation or illprov..ant of the Iaprov .. enta involved, le•• that portion thereof, if any, which i• to be borne by the City itaelf, ahall be aaaeaaed by ordinance upon all the real property within the diatrict, baHd upon the benefit conferred by the illprov ... nt upon each parcel of realty within the district: provided, however, that in adopting any method of aaaeaaaent, Council •hall not be limited to assess- ing the real property on either a front footage baaia or on a square foot basis, but aay take into consideration the apecial benefit• accruing to the realty with- in the diatrict and ·may adopt any method of aaaeamnent which bears a substantial relationahip to the benefits conferred. 114.9 Botice and Hearing UfJn Aaaea ... nta. At auch time as the total coat• of the conatructlon, lnata~atlon or liDProv .. ent of the improvement may have b .. n reliably aacertained, there shall be introduced before Council a bill for an ordinance levying aaaesaments upon the real property in the district. Prior to final paaaage thereof Council ahall, by reaolution, set a time and place for a public hearing thereon. Botice of aaid hearing shall be published in thr .. conaecutive weekly iaauea of a newapaper of general circulation in the City and the date of hearing •hall not be le•• than 15 days after the first publication of auch notice. 114.10 Leyy of A••easmenta. Subaequent to the said public hearing, and aubaequent to any .. endlllenta to said bill for an ordinance, if any, which may reault froa the public hearing thereon, Council shall pass an ordinance levy- ing aaaea ... nt• on the real property in the district and providing for the collection and enforc ... nt of such aaaea ... nta. 114.11 Other Statutory Proceedings. Bothing herein shall be construed to prohibit council fraa exerclalng lta authority to create general improvement diatrict• for the construction, inatallation or improvement of any improvement Hrving a llUllicipal purpose, where the improv ... nta are to be paid for, either wholly or in part, in a manner other than through the levy of special assessments upon property within the district, such as, for example, through the levy of ap 114 -•alor .. tax upon the real personal property within the district. For the creation of auch other general iaprovmaent diatricta, there is hereby adopted therefor the procedure established for the creation of such districts in atatutory citiea by the statute• of the State of Colorado as they now exist, or a• the •-aay be -nded.• Section 2. It i• hereby declared this Ordinance is needed for the immediate pre- servation of the public health, peace and safety in order to commence the orderly planning of off-street parking facilities within the next sixty days and the same therefore, shall be. and beccme, effective upon its final passage, pursuant to the proviaiona of Article v, Section 41, of the Charter of the City of Englewood, Colorado. PaaHd on Pirat Reading by the City Council of the City of Englewood, Colorado, thia 16th day of August, A.D., 1965, and ordered publiahed in full in the Englewood Heral• and Bnterpriae. I I I Paa..S on Pinal Reading by the City Council of the City of Bnglewood, Colorado, thia 7th day of Septellber A.D., 1965, and ordered publiahed in full in the Englewood Herald and Bnterpriae. ~fi2~~ ...... - T Mayor Pro Tem ~llU'fs Cdfl:e.~ Clty C~k~Treaaurer I, Ray Chaae, City Clerk-Treaaurer, City of Bnql.wood, County of Arapahoe, State of Colorado, do hereby certify that the above and foregoing ordinance was introduced, read, paaaed and ordered publiahed aa a bill in the Bnqlewood Herald and Enterprise at a regular ... unq of the City council held on the 16th day of August, A.D., 1965, and that at leaat 7 daya after the above publication a• a bill the above ordinance vaa approved, adopted and ordered publiahed in aaid leqal newapaper by the City council of the City of Bnql.wood, Colorado, at a regular ... tinq held on the 7th day of SeptJPber A.D., 1965, aa Ordinance &o. 14, Seri•• of 1965, of aaid City. ATl'BST1 ~~£_._, CLty-g;terlC-!'reaaurer 11':~ . . ..