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Home My WebLink About1958 Ordinance No. 008BY AUTH OR I T Y ORDINANCE NO . 8 SER IES OF 19 58 AN ORDINANCE APPROV ING THE WHOLE CO ST OF THE IMP ROVEMENTS MADE IN AND FO R PAVING DI STR ICT No . 7, IN T HE C I T Y OF E NGL EWO OD, COLORADO; APPROVING AND CONFI RMING THE APPO HT ION~lENf OF S AID CO ST T O EACH Lar o n T RACT OF LAND IN SA ID DISTR IC T : ASSE SS - ING A SHAUE OF S AID COST AGAIN Sl' EACH LOT OR T RAC T OF LAND IN T HE DI STR IC T : PR~ "CR IBINO THE llANNEi t FOR T HE COLLECT ION AN D PAYMENT OF SAID AS SESSMENTS; AND DE - CLAR ING AN EMEH GENC Y. WIIEREAS, ther e has been c om pli a n c e wi th all the prov is ions of law relating to the constr u ct i on of paving impr ovemen t s i n Paving Distric t No. 7 in the City of Bnglcwood, Colorado , cre at e d purs u ant to Ordinance No. 19, Series of 1 DJ7. f i nally adopted and a p proved the 3rd day of Jun e , 19 57 ; and WHEH.EA ~, Lhe tillle fo r .fillng wit h the City Clerk o f th e C i ty of Englewood, corapl a ints or objections to the proceedings of the City Council has elapsed; and WHEREAS, there we r e no complaints or objections filed; and s tate me nt made and filed with the C i ty Counc i l, it of said impr o ve ments is the sum o f $3 08,9 34.3 G, · En glewood will pay $8 0,832.96, leav in g $228 ,101.39 WHEREA S , from t h e appear s lbat Lh c whole cost of which amou nt Lbc City o to be a ssesse d aga i nst Lh costs of inspection, coll a s allowe d by law; and real property i n s a i d Di s trict , s a i d amount including ct i on a n d other inc i dentals and al s o i nclud ing interest WHE RE Ab, fr o m s a i d s tatement it al s o appe a rs that th e City Counc i l has apport i oned a share of the s aid whole cos t to e ach lot or t r a ct of land i n said Distr ict, in accordanc e w i th the benef i ts t o be derived by s a id property and i n the pro p ortions and amounts se verally se t forth i n a Resolut i o n adopted by the City Counc i l on the 2 Uth day of January , 1 968 , and in a pub li c notice, published i n f he £ngl ewood He rald and E nterpr ise on Janu ary 23, January 3 0 and February 6 , 1 9~8 , wh i ch Res olut i on and tJotice ar c by refere nc e mad e a part h ere o f; NOW, 'l'HE HEFO fl i, BE I T o n DAINBD BY T HE CITY COUNCIL OF TH E CITY OF "NGLEWOOD . IN T HB ST AT£ OF COLOHA DO: cction 1 . r hat the whol e co s t a n d apportionment o f th e same , as set orth in said Hes oluL i on a n d notice is h e r e by approved and con firme d and said apportionment is her eb y d ec lare d to be in accordance with the benef i ts which the ropcrty in s a i d District will r eceive b y reas o n of the construction of said im- provements, and a s hare o f s a l d cost is h e reby assessed to and upon each lot or tract of land with i n th e Dis trict in the pr o porti on s and amount s set forth in said Resolution and notice. ection 2. T hat s aid assessments s hall b e due and payable at the office 01 the City Treasurer, with i n thirty day s after t he final publ i c at i on of this rdinance, without demand ; p rovide d , that all suc h assessment s ma y , at the electi on of the owner , be paid i n ins tallment s , wi th i nt e rest a s her ein aft er provided . Failure to pay the whol e assessme nt wi th i n said period of thirty days shall be conclusively considered and h e ld an ele ct i on on the part of all pers ons i nterested , whether under disability or otherwise, to pay in s uch installments. In case of such electi on to pay i n ins tall me nt s, the as sessments shall b e payable at the office of th e County Treasurer of Arapahoe County , Colorado , in ten (1 0 ) equal annual installments of principal, the first o f which ins tallmen t s of principal s hall b e due and payable on or be f ore the first day of July , 1 9 3 8, and the remainder of sai d i nstallments s hall be du e and pa yable su ccessively on or before the same day i n e ach year thereafter, u nt i l paid i n ful l, with intere s t in all cases on the unpaid p rincipal at the rate o f s ix per ce ntum (6%) per annum, payable annually at the time of pay i ng i nstallments of principal.· Fa i lure to pay any installment , whether of principal or in t e r es t , wh en due, s hall cause the whole of the unpaid principal to become due and p ayabl e immedi ately , and the whol e amount of the unpaid principa l and accrued interest s hall th e r e af te r draw i nterest at the rate of one per centum per month, or fracti on of a month, until the dat e of tax sale, as by law provi ded , but at any ti111e prior to the dat e of the sale, any owner may pay the amount of all unpa i d in s tallments with interest at on e per cent u m p e r month or fraction of a mon th u pon all d e l i n 4 u e nt i nst a llme nts , and all pe nalties accrued, and shall thereupon be restore d to the right t here af ter to pay i n i nstallments i n the sa1ne man ner as if d e fault had not been s uffered. The owner of any property not in default as to a ny i nst allmen t or payment , may , at any time, pay the whole of the unp aid principal, wi th accrued i nterest to the maturity o f the next install- ment of i nL erest or principa l. Pay1dents may be made to the City T reasurer at any time wit.bin thirty days aft e r the final publication of this Ord i nance, and an allowance of five per centum (5%) wil l be made on all payment s made during such period , but not thereafter . Immediately after the expirat i on of said thirty day peri od , said assessments s hall be certifie d to the County Tr e asurer of Arapahoe County , Colorado, for coll ec tion , as provided by law. Sec tion 3. T his Or d i nance , after i ts final passage , shall be recorded in the City Ordinance Book ke pt for that purpose, shall be authent i cated by the signature of the Mayor and City Clerk, and shall be published i n T he Englewood Herald and Enterprise, a newspape r of ge neral circulation published in said City , shall take effect and be i n force upon the expiration of five days after it is so publishe d , and shall be and remain irrepe alabl e unt i l the assessments hereby made sh all be paid i n ful l. I I I S ection 4. Si nce it i s imperative that said assessment shall be placed in the hands of the County Treasurer at the earliest possible time , i t i s hereby declared that this Ordinance is immed i ately necessary for the public peace, health and safety, and that it shall take effect five days after i ts final publication. INT RO DUCED AND l~EAD Thi s 17th day of ( S E A L ) ATT ES T : c ( S E ATTES T : ADOPTED L ) .· \ appea-r in f..ina-l--pu-bl-iea t -ion)- AND APPROVE D This 3rd day of March ~ l~li / or I , J. L. Barron , City Clerk of the City of Englewood, Colorado, do hereby certify that the above and foregoing Ordinance was introduced and read in full and ordered publ i shed as proposed Ordinance for the meetings of February l~th , 19J8 and Marc h 3rd , 19J8, held by the City Council of the City of Englewood, Colorado on said dates and s ame wa s publis hed i n the Englewood Herald and Enterprise, arch 6 . 19J8 , as Or d i nance No. 8, Seri es of l 9j8 .