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HomeMy WebLinkAbout1960 Ordinance No. 006Introduced as a Bill by Councilman Kreiling BY AUTHORITY ORDINANCE NO. 6, SERIES OF 1960 AN ORDINANCE AP PROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN AND FOR PAVING DISTRICT NO. 9, IN THE CITY OF ENGLEWOOD, COLORADO; APPROV- ING 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 PAYMENT OF SAI D ASSESSMENTS; AND DECLARING AN EMERGENCY. WHEREAS, there has been compliance with all the provisions of law re- lating to the constructi on of paving improvements in Paving District No. 9 in the City of Englewood, Colorado, created pursuant to Ordinance No. 17, Series of 1959, finall y adopted and approved on the 4th day of May, 1959; and WHEREAS, the time for filing with the City Clerk of the City of Englewood complaints or objections to the proceedings of the City Council has elapsed; and HEREAS, Ten writte n complaints or obj ections to the assessments were received prior to 5:00 o'clock P.M. of the 18th day of March in the Office of City Clerk, each of which was read by said Clerk and discussed by the Mayor and City Council; WHEREAS, the above objections were considered by City Council and the complaints or objections were found to be inconsequential and invalid; and WHEREAS, from the statement made and filed with the City Council, it appears that the whole cost of said improvements in the sum of $299,013.88, of which amount the City of Englewood will pay $111,797.47, leaving $187,216.41 to be assessed against the real property in said District, said amount including costs o f inspection, collection and other incidentals and also including interest as allowed by law; and WHEREAS, from sai d 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 property and in the proportions and amounts severally set forth in a Resolution adopted by the City Council on the 15th day of February, 1960, • and in a public notice, published in The Englewood Herald and Enterprise and Press on February lb, February 25, March 3 and March 10, which ·Reso- lution 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 apportionment of the same, as set forth in said Resolution and Notice is hereby approved and confirmed, and said apportionment is hereby declared to be in accordance with the benefits which the property in said District will receive by reason of the construc- tion of said improvements, and a share 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 and Notice. SeCl..L.UH ~. 11 1at. baJu assessments shall be due and payable at the office of the City Treasure r, within thirty days after the final publica- tion of this Ordinance, without demand ; provided that all such assessments may, at the election of the owner , be paid in installments , with interest as hereinafter provided. Failure to pay the whole assessment within said period of thirty days shall be conclusively considered and held an elec- tion on the part of all pe rsons interested, whether under disability or otherwise, to pay in such installments. In case of such election to pay in installments, the assess1nents shall be payable at the office of the County Treasurer of Arapahoe County, Colorado, in ten (10) equal annual installments of principal, the first of which installments of principal shall be due and payable on or before the 1st day of August, 1960, and the ren~inder of said installments shall be due and payable successively on or before the 1st day of January, 1961, and the 1st 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 immediately following the date when installments of assessments are due, with interest in all cases on the unpaid principal at the rate of six per centum (6%) per annum, payable August 1, 1960, and annually thereafter on January 1 each year at the time of paying installments of principal. Failure to pay any installment, whether of p rincipa l or i nterest, when due, shall cause the whole of the unpaid principal to become due and payable immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one per centum (1%) 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 pay the amount of all unpaid installments with interest at one per centum per month, or fraction of a month, upon all delinquent installments, and all penalties I I I -:; accrued, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered. The owner of any property not in default as to any installment or payment, may, at any time, pay the whole of the unpaid principal with accrued interest to the maturity of the next installment of' interest or principal. Payments may be made to the City Treasurer at any time within thirty days after the final publication of this Ordinance, and an allowance of five per centum (5%) will be made on all payme nts made during such period, but not thereafter. Immed- iately after the expiration of said thirty day period, said assessments shall be certified to the County Treasurer of Arapahoe County, Colorado, for collec- tion, as provided by law. Section 3. By reason of the fact that bonds of said Paving District No. 9 are now outstanding and interest thereon will shortly become due and pay- able, 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 preservation of the public property, he~lth, 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 The Englewood Herald and Enterprise and Press, a newspaper of general circula- tion 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. INTRODUCED AND READ THIS ~1st day of March, 1960. /:ZLt S'.£ ""' ~· ------rv ( S E A L ) ATTEST: ) ~ ·~ ) FINALLY ADOPTED AND APPROVED This 4th day of April, 1960. ( S E A L ) ATTEST: ---) ~~ ... n /" ~ ~ ~--J.~Jt'•,,- ~ Mayor~·-··---TY I, B. O. Beausang, City Clerk-Treasurer, City of Englewood, County of Arapahoe, State of Colorado, do hereby certify that the above and foregoing ordinance was introduced, read, passed and ordered published as a bill in the Englewood He r ald and Enterprise at a regular meeting of the City Council held on the 21st day of March, A.D. 1960, and that at least 7 days after above publication as a bill, the above ordinance was approved, adopted and ordered published in said legal newspaper by the City Council at a regular meeting held on the 4th day of April, A.D. 1960, as Ordinance No. 6, Series of 1960, of said C i ty. SEAL ATTEST: T' I .... ::::~ 269