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HomeMy WebLinkAbout1957 Ordinance No. 010BY AUTHORITY ORDINANCE NO. 10, SERIES OF 1957 AK ORDINAlfCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN AND FOR PAVING DIS- TRICT NO. 6, IN THE CITY OF ENGLEWOOD, COLORADO, APPROVING AND CONFIRMING THE APPOR- TIONMENT 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 SAID ASSESSMENTS AND DECLARING AN EMER- GENCY. WHEREAS , there has been compliance with all the provisions of law relating to the construction of paying improvements in Paving District No. 6 in the City of Englewood , Colorado , created pursuant to Ordinance No. 16, adopted and approved the 16th day of July , 1956, as amended by Ordinance No. 22, adopted and approved the 3rd day of September , 1956; 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 WHEREAS , at the public hearing held on March 4, 1957 , certain minor cor- rections were made in the assessment roll as shown in the minutes of such meeting; and WHEREAS , from the statement made and filed with the City Council, it appears that the whole cost of said improvements is the sum of $322,936.37, of which amount the City of Englewood will pay $58,949.00, leaving $263 ,987.37 to be assessed against the real property in said District , said amount including costs of inspect- ion , collection and other incidentals and also including interest as allowed by law; and WHEREAS , from said statement it also apJ,Ears 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 4th day of February, 1957, and in a public notice, published in the Englewood Herald and Enterprise on February 7, l• and 21, 1957, which Resolution and notice are by reference made a part hereof; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, IN THE STATE OF COLORADO: Section 1. Th at the said whole cost and apportionment of the same, as set forth in said Resolution and notice is hereby approved and confirmed, and said appor- tionment is hereby 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 upon each lot or tract of land ithin said District in the proportions and amounts set forth in said Resolution and notice. Section 2. That said assessments shall be due and payable at the office or the City Treasurer , within thirty days after the final publication of this Or- dinance, without demand; provided, that all such assessments may, at the election of the owner, be paid in installments, with interest as hereinafter provided. Fail- ure to pay the whole assessment within said period of thirty days shall be conclus- ively 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 installments , the assessments shall be payable at the office of the County Treasurer of Arapahoe County, Colorado, in ten (lO)equal annual installments of principal , the first of which installments of principal shall be due and payable on or before the first day of August , A. D. 1957, and the remainder of said installments shall be due and payable successively on or before the same day in eac~ year there- after, until paid in full, with interest in all cases on the unpaid principal at the rate of six per centum (6%) per annum, payable annually at the time of paying in- stallments of principal. Failure to pay any installment, whether of principal or interest , 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 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 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 int- erest 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 payments made during such period, but not thereafter. Immediately after the expiration of said thirty days period said assessments shall be certified to the County Treasurer of Arapahoe County , Colorado, for collection, as provided by law. Section 3. This ordinance, after its final passage, shall be recorded in the city ordinance book kept for that purpose, shall be authenticated by the signa- ture of the Mayor and City Clerk , and shall be published in the Englewood Herald and Enterprise , a newspaper of general circulation published in said City, shall take effect and be in force upon the expiration of five days after it is so publish- ed , and shall be and remain irrepealable until the assessments hereby made shall be paid in full. Section 4. Since it is imperative that said assessment shall be placed in the hands of the County Treasurer at the earliest possible time, it is hereby declared that this Ordinance is immediately necessary for the public peace, health and aafety, I I· I and that it shall take effect five days after its final publication. Passed on First Reading by the City Council of the City of Englewood, Colo- rado , this 4th day of March, A. D. 1957, and ordered published in the Englewood Herald and Enterprise. Passed on Final Reading by the City Council of the City of Englewood, Colo- rado , this 18th day of March, A. D. 1957, and ordered published in the Englewood Herald and Enterprise. ATTEST: I , J. L. Barron , City Clerk of the City of Englewood, Colorado, do hereby certify that t he above and foregoing Ordinance was introduced and read in full and ordered published as proposed Ordinance for the meetings of March 4 and March 18, 1957, held by the City Council of the City of Englewood, Colorado, on said dates and the same was published in the Englewood Herald and Enterprise, March 21, 1957, as Ordinance No. 10, Series of 1957.