HomeMy WebLinkAbout1959 Ordinance No. 014BY AUTHO R ITY
ORDINANCE NO. 14 , SERIES OF 1959
AN ORDINANCE APPROV I NG THE WHOLE COS T OF THE IMPROVEMENTS MADE IN AND FOR PAVING
DISTR I CT NO . 8, I N THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE
APPORT I ONMENT OF SA ID CO ST TO EACH Laf OR TRACT OF LAND IN SAID DISTRICT; ASSESS-
ING A SH ARE OF SA I D COST AGAINST EACH Laf OR TRACT OF LAND IN THE DISTRICT; AND
PRESCR I B I NG THE MANNER FO R THE COLL EC TION AND PAYMENT OF SAID ASSESSMENTS.
WHEREAS, there h a s bee n compli ance with all the provisions of law re-
lating to the construction o f paving i mp r ovements in Paving Di strict No. 8 in
the City of Englewood, Colo r ado, c r eat ed pursuant to Ordinance No. 16, Series of
1958, finally adopted and a pproved t he 2nd day of June ·, 1958; and
WHEREAS, the t i me f o r filin g with the City Clerk of the City of Engle-
wood complaints or o b jections to t he pro c eedings of the City Council has elapsed;
and
WHEREAS, t here were no wri tten c omplaint~ or objections to the proceed-
ings of the C i ty Council i n t h e ma t t er o f apportionment and assessment against
each lot or tract of l a nd in t he d i s trict ; and
WHEREAS, from t he statemen t made and filed with the City Council, it
appears that the whole c os t o f said improvement is the sum of $265,482.71, of
which amount the City of En g lewood will pay $63,680.82, leaving $201,801.89 to be
assessed against the re al p roperty in sai d District, said amount including costs
of inspe ction, collection and other incidentals and also including interest as
allowe d by law; and
WHEREAS, fr o m sa i d s tatemen t i t also appears that the City Council has
apportioned a share of t he said whole c o s t to each lot or tract of land in said
District, in accordance wit h t he benefits t o be derived by said property and in
the proportions and amo u nts several l y set f orth in a Resolution adopted by the
City Council on the 2 nd day o f March, 1959, and in a public notice, published in
The Englewood He rald and Ent erprise o n March 5, March 12, March 19 and March 26,
which Re solution and n otic e are by refe r ence made a part hereof;
BE IT ORDA I NED BY THE CIT Y COUNCIL OF THE CITY OF ENGLEWOCD, COLORADO:
Section 1. T hat th e whol e c o s t and apportionment of the same, as set
forth in said Resoluti on and Notice i s hereby approved and confirmed, and said
apportionme nt is here by dec lared to be in accordance with the benefits which the
prope rty in said District will rece i ve by reason of the construction of said im-
prov e ments, and a share o f said cost is h ereby assessed to and upon each lot or
tract of l a n d within the District in t h e proportions and amounts set forth in
said Resolution and Notice .
Sectidn 2. Th at said assessments shall be due and payable at the
office of the City Tr easurer, w~thin thi r ty days after the final publication of
this Ordina nce, without de mand ; provided t hat all such assessments may, at the
election of the owner, b e p a i d in installments, with interest as hereinafter
provide d . F a ilure to p ay t he whole assessment within said period of thirty days
sha ll be c o nclusively c onsidered and held an election on the part of all persons
interested, whether under disability o r o therwise, to pay in such installments.
In case of such election t o pay in inst a l lments, the assessments shall be pay-
able at the office of the County Treasurer of Arapahoe County, Colorado, in
ten (10) equ a l annual installments of p ri ncipal, the first of which installments
of principa l shall be du e and payable o n or befor e the 1st day of August, 1959,
and the rema inder of s a i d installment s shall be due and payable successively on
or before the same day in each year th e r eafter, until paid in full, with interest
in all c a ses on the unp aid pr i ncipal at the rate of six per centum (6%) per
annum, p a yable annuall y a t t h e time o f paying installments of principal. Failure
to pay any installment, wh ether o f p r incipal or i nterest, when due, shall cause
the whole of the unpaid pri n c ipal to become due and payable immediately, and
the whole amount of th e unpaid p r inc ipal and accrued interest shall thereafter
draw interest at the rate of one per c e n t u m (1%) per month, or fraction of a
month, until th e date of t ax sale, a s by law provided, but at any time prior to
the date of th e sale, any owner may p ay t he amount of all unpaid installments
with interest a t one per centu m p e r mo nth o r fraction of a month upon all de-
linquent installments, and all p enal ties ac c r ued, and shall thereupon be re-
stored to the right there a ft e r t o pay i n installments in the same manner as if
default had not been suffere d. T he ow ner of any property not in default as to
any installmen t or payment~ ma y, at an y t i me, pay the whole. of the unpaid princi-
p al with accrued i n t erest to the ma t u rity o f the next installment o f interest or
p rincipal. Pa yme n ts may be made t o the Cit y T reasurer at any time within thirty
days after the fina l publication of this o ,dinance, and an allowance of five per
centum (5%) will b e made on a ll p ay ment s made during such period, but not there-
after. Immediat e l y after th e ex p i r a tion of said thirty day per iod, said assess-
ments shall b e cer tified to th e Coun t y Treasurer of Arapahoe County, Colorado,
for collection, a s provided b y l aw.
Section 3. T his Ordin an ce, a f ter its f inal passage, shall be recorded
in the C i ty Ordinance Book 4 ept f o r that purpose, shal l be authenticated by the
si g nature of the Mayor and City Clerk, and sh a ll be p ubli sh ed in the E nglewood
BF'
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Herald and Enterprise, a newspaper of general circulation published in said City,
shall take effect and be in force upon the expiration of thirty days after it is
so published, and shall be and remain irrepealable until the assessments hereby
made shall be paid in full .
Passed on First Reading by the City Council of the c1ty of Englewood,
Colorado this 6th day of April, A.D. 1959, and ordered published in full in the
Englewood Herald and Enterprise.
Passed on Final Reading by the City Council of the City of Englewood,
Colorado this 20th day of April, A.D. 1959, and ordered published in full in the
Englewood Herald and Enterprise .
ATTEST:
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Sec~on 6. Said bonds shall be authorized by an Ordinance later
to be passed in ccordance with the laws of the State of 'Cplorado, the
Charter and said rdinance No. 8, Series 1959, of said Ci
authorized to
advertise fo
The Mayor and City Clerk are he
construct such improvements an or bids for bonds to
he Englewood Herald
blished in such City,
ublication of this
Section 8.
amended to read as
4 of Ordinance No. Series 1959, is hereby
"Sectio After such pu ic hearing, or an
adjournment thereo the City Counc shall by ordinance
order the creation the proposed ecial or local
improvement district r the const ction or installa-
tion of improvements for tice to contract-
ors t o submit bids ruction or installa-
tion of the improvement not' e of sale of bonds
to pay the costs and exp onstructing or in-
stalling the improvements the issuance and
payment of such bonds. S ces shall be publish-
ed in three consecutive we ' ly sues of a newspaper
of general circulation in t C ty and the date of
awarding contracts shall be ot 'less than fifteen (15)
days after the first publicat'oh of such notices."
Section 9. By reason of the fa t that the completion at the
earliest possible date of the improvemen't described in this Ordinance is
necessary to the immediate preservation of the public property, health,
p~ace and safety, it is hereby declared tha an emergency exists and that
this Ordinance shall take effect upon its fi al passage.
Section 10. All ordinances, or pa~ thereof in conflict here-
ith are hereby repealed. This Ordinance, af~ its final passage, shall
be recorded in a book kept for that purpose, sh 11 be authenticated by
the signatures of the Mayor and City Clerk, sh~l be published in said
City, and after becoming effective, shall be irre ealable until the bonds
of said District shall be paid in full. '
Passed on First Reading by the City Coun
wood, Colorado, this 6th day o~ April, A.O. 1959,
full in the Englewood Herald a d Enterprise.
Passed on Final Rea ing by the City Council
wood, Colorado, this 20th da of April, A.O. 1959, and
full in the Englewood Heral and Enterprise.
AT'EEST:
City ClerR
of the City of Engle-
ordered published in
the City of Engle-
dered published in
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