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HomeMy WebLinkAbout1961 Ordinance No. 013Introduced a s a Bill by Councilman Martin BY AUTHORITY ORDINANCE NO. 13, SERIES OF 1961 AN ORDI NAN CE APPROVI NG THE WHOLE COST OF THE IMPROVElttENTS MADE IN AND FOR PAVING DISTRICT NO. 10, I N THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CON- FIRMING THE APPOR TIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DIS- TRICT; ASSES SING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE ~ S,1 DISTRICT ; PRESC RIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESS- MENTS; AND DECLA RING AN EMERGENCY. WHEREAS , there has been compliance with all the provisions of law relating to the c onstruction of paving improvements in Paving District No. 10 in the City of Englewood, Color ado, created pursuant to Ordinance No. 15, Series of 1960, finally adopte d and a p p r ove d on t he 15th day of July, 1960; and WHEREAS, the t ime for filing with the City Clerk or the City of Engle- wood c omp l aint s or ob j e ct ions to the proceedings or the City Council has e lapsed; and WHEREAS, there were no written complaints filed with the Clerk pursuant to public notice ; and WHEREAS, no comp l aints or objections were presented in writing or orally at a public he a ring the r e for, and no action was taken to adjust or alter the list of assessments as publishe d ; and WHEREAS, from the statement made and filed with the City Council, it appears that the whole co s t of said improvements is the sume of $303,223.03, of which amount the City of Englewood will pay $87,633.74, leaving $215,589.29 to be assesse d aga inst the real property in said District, said amount including costs of inspection, collection and other incidentals and also including interest as allowed by l a w; and WHEREAS, from s aid 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 a ccordance wi th the benefits to be derived by said property and in the prop ortions a nd amou n t s severally set forth in a Resolution adopted by the City Council on the 20th day of February, 1961, and in a public Notice, published in 'rhe Engl ew ood Herald and Enterprise and Press on February 23, March 2, March 9 and Ma r ch 16, which Resol ution 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 th e whole cost and apportionment of the same, as set forth in said Res olution and Notice is hereby approved and conf:i.rted, and said apportionment is her eby declared to be in accordance with the benefits which the property in s aid 9 istrict will receive by reason or the construction of said im- provements, and a sha re of said cost is hereby assessed to and upon each lot or tract of land within the District in the proportions and amounts set forth in said Resolution a nd Notice. Section 2. Th a t said assessment shall be due and payable at the office of the City Trea surer, wi thin thirty days after the final publication of this Ordinance, without dema n d; provided that all such assessments may, at the election of the owner, be paid in installments, with interest as hereinafter provided. Failure to pa y the whol e assessment within said period of thirty days shall be con- clusive ly considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in such installments. In case of such election to pay in i ns t allments, the assessments shall be payable at the office of the Country Treasurer of Arapahoe County, Colorado, in ten (10) equal annual installments of ~p~lhncipal, the first of which installments of principal shall be due and payable on or before the lat day of August, 1961, and the re- mainder of said installments shall be due and payable successively on or before the lat day of January, 1962, and the lat day of January in each year thereafter, until paid in full, and assessments will become delinquent on the 1st day of August in each year imme diate l y following the date when installments of assessments are due, with interest in a ll cases on the unpaid principal at the rate of six per centum (6~) per annum, pa yab l e August 1, 1961, and annually thereafter on January 1 each year at the time of pa y ing installments of principal. Failure to pay any installment, whether of p r i n cipal or interest, when due, shall cause the whole of the unpaid principal to b ecome due and pay able immediately, and the whole amount of the unpaid p r i n cipa l and accrued interest shall thereafter draw interest at the rate of one per centum (l ~) per month, or fraction of a month, until the date of tax sale, as by law provided, but at any time prior to the date of the sale, any owner may pa y the amount of a l l unpaid installments with interest at one per centum per mo n th , or f raction o f a month, upon all delinquent installments, and all penaltie s a cc rued , and s hall thereupon be restored to the right thereafter to pay in insta llmen ts in the s ame manner as if default had not been suffered. The owner of any prope rty not in de fau l t as to any installment or payment may, at any time, pay the whole of the unpa i d principal with accrued interest to the maturity of the next installme nt of interest or principal. Payments may be made to the City Treasurer at a ny time within thirty days after the final publication of this Ordinanct, and an allowan c e of five per centum (5~) will be made on all payments made dur ing such period , but not thereafter. Immediately after the expiration of said thirty day period, said assessments shall be certified to the County Treasurer of Ara pa hoe County, Colo rado, for collection, as provided by law. I I I Section 3. By reason of the fact that bonds of said Paving District No. 10 are now outstanding and interest thereon will shortly become due and payable, that funds must be made available at the earliest possible date for payment of such interest and that payment of such interest is necessary to the immediate preser- vation of the public property, health, peace and safety, it is hereby declared that an emergency exists and that this Ordinance shall take effect upon its final passage. Section 4. This Ordinance, after its final passage, shall be recorded in the City Ordinance Book kept for that purpose, shall be authenticated by the signature of the Mayor and City Clerk, and shall be published in TheEnglewood Herald and Enter- prise and Press, a newspaper of general circulation published in said City, within 7 days after its final passage, and shall be and remain irrepealable until the assessments hereby made shall be paid in full. IN'I'RODUCED AND READ this 3rd day of April, 1961. FINALLY ADOPTED AND APPROVED this 17th day of ,':.April, 1961. (SEAL) ~£.~ (7 ,. "'" MAYOW ATTEST: CITY CLERK I, B. o. Beausang, City Clerk-Treasurer, City of Englewood, County of Arapahoe, State of Colorado, do hereby certify that the above and foregoing ordinanee was introduced, read, passed and ordered published as a bill in the Englewood Herald and Enterprise at a regular meeting of the City Council held on th~ day of ~~~~~~~~~~~~' A.D. 1961, and that at least 7 days after above publi- cation as a bill the above ordinance was approved, adopted and ordered published in said legal newspaper by the City Council at a meeting held on the day of : , A.D. 1961, as Ordinance No. , Series of 1961, of said City. ATTEST: SEAL CITY CLERK-TREASURER 367