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HomeMy WebLinkAbout1962 Ordinance No. 007.. :,,56 BY AUTHORITY BILL FOR AN ORDI~!AMCE NO. 7, SERIES 1962 AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN AND FOR PAVING DISTRICT NO. 11, IN THE CITY OF ENGLEWOOD, COLORADO: APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT: ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT: PRESCRIBING THE MANNER FOR THE COLLECTION AND PAY- MENT OF SAID ASSESSPl.ENTS: AND DECLARING AN EMERGENCY. WHEREAS, there has ~een comrliance with all the provisions of law relatin~ to the construction of pavin~ improvements in Pavin~ District No. 11 in the City of En ~lewood, Colorado, created pursuant to Ordinance No. 12, Series of 1961, f inally adonted and arproved on the 17th day of Anril, 1961· and WHEREAS, the time f or filin ~ with the City Clerk of the City of En~lewood c01rrlaints or o h jections to the rroceedin~s of the City Council has ela~a•d~ and WHEREAS, two written com~lainta were received prior to V.arch 16, 1962 and considered hy the Council with the following action: 1. The assessment on Lots 25 and 26, corrected to $175.56 and lots 27 and 26 corrected to $159.06 both in Block 12, South Broadway Hei ~hts, without an y chan p,e in the total assessment. 2. The assessment on Block 2, ~cKinley Suhdivision 2nd filin~ was considered and the ohjection or rrotest overruled: and WHEREAS, no other objections ~r rrotests were made orally on the matter of assessments: and WHEREAS, from the statement made and filed with the City Council, it · appears that the whole cost of said imorovementa is the sum of $JJ2 022.8), of which amount the City of En~lewood will pay $62,077.63, leavin~ $249,9t5.20 to be assessed a ~ainst the real rro~erty in said District, said amount includin~ costs of ins~ection, collection and other incidentals and also includin ~ interest as allowed hy law: and WHEREAS, from said statement it also appears that the City Council has apportioned a share of the said whole cost to each lot or tract of land in said District, in accordance with the benefits to be derived by said ~ronerty and in the proportions and amounts severally set forth in a Resolution adopted by the City Council on the 5th day of February, 1962, and in a public Notice, published in The En~~ewood Herald and Enterprise and Press on February 8, 15, and 22 and March 1, 1962, which Resolution and Notice are by reference made a part hereof: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the whole cost and a r portionment of the same, as set forth in said Resolution and ~otice is herehy approved and confirmed, and said apportionment is herehv declared to be in accordance with the benefits which the property in said District will receive by reason of the construction of said improvements, and a share of said cost is hereby assessed to and u~on each lot or tract o f land within the nistrict in the proportions and amounts set forth in said Resolution and Notice. Section 2. Th.at said assessments shall be due and payable at the office of the City Treasurer, within thirty days after the final rublication of this Ordinance, without demand~ prov ided that all such assessments may, at the election of the owner, he naid in installments, with interest as hereinafter provided. Failure to na y the whole assessment within said period of thirty days shall be conclusi vel y considered and held an election on the nart of all persona interested, whether under disability or otherwise, to nay in such insta1lments. In case of such election to nay in installments, the aseesments shall be payable at the o ff ice of the Count y Treasurer of Ara~ahoe County, Colorado, in ten(l O) equal annual installments of principal, the first of which installments o f nrincinal shall be due and payable on or before the lat day of Au~st, 1962, and the remainder of said installments shall be due and payable successi vel y on or before the lat day of January, 1963, and the lat day of January in each year thereafter, until paid in full, and aaaeaamenta will become delinquent on the lat day of Auf?Ust in each year immediately followin ~ the date when installments of assessments are due, with interest in all cases on the un r aid rrincipal at the rate of siY ner centum (6~) per annum, na vable Au~st 1, 1962, and annually thereafter on January 1 each year at the time of na y in~ installments of princi pal . Failure to pay any installment, whether of rrincinal or interest, when due, shall cause the whole o f the un~aid nrincinal to become due and nayable immediately, and the whole amoun t of the un~aid nrincinal and accrued interest shall there- arter draw interest at t he rate of one per centum (l ~) per month, or fraction of a month, until t he date of taY sale, as by law nrovided, but at any time prior to the date o !' t he sale , a n~; owner ma ~r pa y the amount of all unpaid I I I I 'I installments with i n terest at one rer centum per month, or f raction of a month, u pon all deli nquent installments, and all penalties accrued, and shall thereunon be restored to t he riP'h t t herea :ter to l"a~1 in installments in. the same manner as i f defa ult ha d no t l ee n su1fered Th e owner o f any r rorerty not in default as to an y inst a ll ~e nt or r a ym e nt ma ~,, at a ny time, pay the whole o f the un paid rinci pal with a ccrue d interest to t he Maturity of the next installment of i nterest or r r in c ipal . P a ~Ti e n ts may he made to the City Treasurer at any time within thirty day s a f ter t he f i nal pu blication of this Ordinance, and an allow- a n ce of five per cen tum (5~) will he made on all payments made durin r such period, but not thereaf ter. I m m e d iatel ~1 a f ter the expiration of said thirty day period, said assessments s holl he certi f ied to the County Treasurer of Ara pahoe County, Colorado, for collection , as r rovided hy law. Section J. Th at i f an y on e or more sections or parts of this Ordinance shall be adjud p,ed unenforceable or invalid, such jud~ent shall not affect, impair or invalidate t he rem ai n in ~ nrov isions of this Ordinance, it being the intention that the various nrov isions hereof are severable. Section 4. Bv reason o f the fact that bonds of said Pavin ~ District No. 11 are now outstandin ~ and interest thereon will shortly become due and payable, that funds must b e made available at the earliest possible date for payment of auch interest and that nayment of auch interest is necessary to the immediate preservation of the public ~ro p erty, health, peace and safety, it is hereby declared that an emer ~enc v exists and that this Ordinance shall take effect upon its final paasa P'e. · Section 5. This Ordinance, after its final passage, shall be recorded in the City Ordinance Book ke pt f or that purpose, shall be authenticated by the signature of the i '!a yor and City Clerk, and shall be published in the En~lewood Herald and Enterprise and Press, a newspaper of general circulation published in said City, within 7 days after its final passag e, and shall be and remain irrepealable until the assessments hereby made shall be paid in full. Section 6 . A public Hearin g on the Ordinance will be held at the City Hall in Englewood, Colorado, on Monday, the 2nd day of April, 1962, at the hour of 8:00 o'clock P. n ., and Notice of such Hearing is hereby authorized to be g iven by pu blication once in the En ~lewood Herald and Enterprise and Preas, in its issue of March 22, 196 2. I NTR ODUCE D MID READ This 19th day of March, 1962. ATTE ST: (To a ppear ublication) FINALLY ADO PTED AND APPROVED This 2nd day of April, 1962. ATTEST: I, B. O. Beausang ; City Clerk-Treasurer, City of Englewood, County of rapahoe, State of Colorado, do here by certi f y tha t the above and foregoing ordinance was introduced, rend, pa ssed a nd o rdered published as a bill in the En glewood Herald and Enterprise at a regular meeting of the City Council held on the 19t h d ay of r.:a rch, Ii . D . 1 96 2, nnd that at least 7 days after above publication a s a bi ll the ab ove ordina nce wa s a pp roved, adopted and ordered pu blished i n s a id lega l news pnp er by the City Council at a regular meeting held on the 2nd d a y o f Ap ril, /1 • D . 1 96 2, a s Ordinance No. 7, Series of 1962, or s aid City . .TTES 'f : (S •· L ) . ~J'~?. • !' r • .