HomeMy WebLinkAbout1957 Ordinance No. 019BY AUTHORITY
ORDINANCE NO. 19, SERIES OF 1957
AN ORDINANCE CREATING AN IMPROVEMENT DISTRICT IN THE CITY OF ENGLEWOOD, COLORADO, TO BE
KNOWN AS PAVING DISTRICT NO. 7, ORDERING THE CONSTRUCTION THEREIN OF STREET IMPROVE-
MENTS, PROVIDING FOR THE ISSUANCE OF BONDS OF THE DISTRICT IN PAYMENT FOR SAID IMPROVE-
ENTS, AND DECLA R ING AN EMERGENCY.
HEREAS, the City Council of Englewood, Colorado, pursuant to the provisions of
"An Act Relating to Local Improvements in Cities and Towns", approved April 9, 1923,
and upon the requisite petitions subscribed by the owners of a majority of the front-
age to be assessed for the local improvements hereinafter described, hereby finds and
determines that there exists a necessity for the creat·imof Paving District No. 7, in
said City, and the construction therein of certain street improvements, as described
in said petitions; and
HEREAS, the City Council has heretofore directed the City Engineer to prepare
plans , specifica t ions , maps and schedules in accordance with said Act; and
WHEREAS , the City Engineer has made his report in the premises, and has filed with
the Cierk of said C ity all the maps and certificates of his survey, as well as schedules,
plans , specifications , approximaLions of cost, and all other matters and things in com-
plete form and substance as by law required; and
WHEREAS, the said report so made and filed, together with details, specifications,
estimates, maps , and schedules, are hereby approved and adopted by said City Council;
and
WHEREAS , the City Council directed the City Clerk to publish in the Englewood Her-
ald and Enterprise , a newspaper of general circulation in said City, notice of a pro-
position to create said District, and that on May 20, 1957, at 8:00 o'clock P. M.,
all complaints and objections that mighL be made in writing concerning the proposed im-
provements by the owner or owners of any real estate to be assessed, or any person or
persons interested generally, would be heard and determined by the City Council of said
City of Englewood, before final action of said Council thereon, and that after the deter-
mination of all cQmplaints and objections was made, said City Council would take up and
consider an ordinance creating said District and ordering the proposed improvements; and
WHEREAS , the City Clerk, by advertisement for a period of more than twenty (20)
days prior to the said 20th day of May , 1957, gave notice in form and substance of the
matters and things above mentioned as ordered to be given, in all respects in accord-
ance with law and said order; and
WHEREAS, at the time and place specified in said notice, the City Council met in
open session for the purpose of hearing any objections or protests that might be made
against said improvements; and
WHEREAS , only two objections relating to details of design and grade line but not
protesting the formation of the proposed disLrict, were received; and
WHEREAS, the Ci t y Council hereby finds and determines that a general public benefit
ill accrue to the City from the proposed improvements and that such benefit will be of
the monetary value hereinafter set forth;
THEREFO RE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO,
THAT:
Section 1. Said improvements hereinbefore described and referred to, consisting of
street improvements, all as in the petitions for said improvements set forth and des-
cribed , were duly ordered after notice duly given and hearing duly held, and that the
petitions were presented Lo said CiLy Council, and that said petitions were subscribed
by the required num b er of owners, all as required by law.
SecLion 2. S aid improvcmcnL s shall consisL of necessary grading and excavation,
paving with six-inch compacted gravel base course, with two-inch asphaltic concrete
surface, and concre t e wal k s, curbs and gutters, where not already installed, together
with appurtenances and incidentals on the following streets and avenues in the City
of Englewood , Colorado:
ON FHOM TO --
E. Bates E. side of S. Ogden w. side of S. Downing
• Chenango w. side of S. Acoma E. side of S. Fox
S. Cherokee s. side of W. Layton N. side of W .. Chenango
s. Corona s. side of E. Bates N. side of E. Dartmouth
s. Corona s. side of £. Eastman N. side of E. Floyd
S. Corona s. side of E. Hampden N. side of E. Jefferson
s. Delaware s. side of W. Amherst N. side of W. Bates s. Delaware s. side of W. Tufts N. side of W. Grand . Eastman w. side of S . Ela ti E . side of S. Fox
s. Ela ti s. side of W. Kenyon N. side of W. Nass au
s. Ela ti s. side of W. Union N. side of W. Belleview
s. Emerson s. side of E. Hampden N. side of E. Jefferson
s. Fox s. side of W. Lehigh N. side of W. Mansfield s. Fox s. side of W. Layton N. side of W. Chenango s. Franklin s. side of .E. Dartmouth N. side of E. Eastman s. Galapago s. side of W. Lehigh N. side of W. Mansfield
E. Grand E. side of S. Washington w. side of S. Clarkson s. Inca s. side of W. Union N. side of W. Layton
s. Jason s. side of W. Stanford N. side of W. Tufts
s. Jason s. side of W. Layton N. side of W. Chenango
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S. Kalamath
. Layton
S. Lincoln
S. Logan
S. Logan
S. Marion
S . Ogden
S. Pearl
S. Pearl
S. Sherman
S. Sherman
. Tufts
. Union
S. side of W. Stanfo rd
W. side of S . Delaware
S . side of E . Quinc y
S. side of E. Dartmouth
S . side of E . Radcl iff
S . side of E. Girard
S . side o f E . Co rnell
S . side of E . J efferson
S . s i de o f E. Lay ton
S . side of E . Quincy
S. side o f E . Tufts
W. side of S . Broadway
W. si d e of S . Bro adway
N. side of W. Tufts
E. side of S. Fox
N. side of E. Radclif f
N. side of E. Jefferson
N. side of E. Union
N. side of E. Jefferson
N. side of E. Dartmouth
N. side of E. Kenyon
N. side of E. Chenangp
N. side of E. Radcli ff
N. side of E. Union
E. side of S. Delaware
E. side of S. Fox
Section 3. Said District shall be known as and the same is hereby designated Pav-
ing District No. 7, Englewood , Co lorado.
Section 4. The construction of the street improvements in and for said District, as
shown by the plans, specifications and maps t hereof, prepared by the City Engineer and
approved by the City Council of said City, and now on file in the office -of the -Clerk of
said City, be and the same is hereby au t horized and ordered, the material to be used in the
construction of said street improveme n ts to be in accordance with such maps, plans and
specifications.
Section 5. By virtue of and in pursuance of the aforesaid law, local improvement
bonds of the City shall be issued for the purpose of paying for the local improvements .
in this Ordinance described and provided to be constructed in said Paving District, in
an amount not to exceed the cost of said improvements, including engineering and all in-
cidental expenses, as in said law provided.
Section 6. Said bonds shall bear the name of the district improved, shall be pay-
able to the bearer eleven (11) years from and after the date thereof, subject to call and
prior payment as by law provided, shall be su bscribed by the Mayor, attested and counter-
signed by the City Clerk, Ex -Offi cio Treasurer , under the seal of the City, and shall be
payable out of the moneys collected on account of the assessments made for improvements.
Said bonds shall be dated and shall bear interest at a rate or rates to be fixed by a
Resolution of the City Council, not exceeding six per centum (6%) per annum, payable semi-
annually, as evidenced by coupons to be atlached to said bonds, attested by the facsimile
ei1nature of the City Clerk, Ex -Officio Treasurer, evidencing said interest, shall be in
the denominations of one thou s and dollars ($1,000.00) each, and shall be numbered con-
secutively from one upward . The principal and interest shall be payable at the office of
the City Treasurer.
Section 7. S aid improvement bonds sh all be sold after notice of sale as by law pro-
vided, and the City Clerk, Ex -Offi cio Treasurer , is hereby authorized to publish such no-
ti ce of sale. The City Treasurer shall make and preserve a record of all bonds issued
hereunder in a suitable book ke pt for th a t purpose.
Section 8 . Said bonds and the coupons t here t o a t tached shall be in substantially
the following form:
STATE OF COLORADO
No.
UNI TED STATES OF AMERICA
CITY OF EN GLEWOOD
PAVING DISTR ICT NO. 7
COUNTY OF ARAPAHOE
$1,000
The City of Englewood, in the County of Arapahoe and State of Colorado , for value re-
ceived, acknowledges itself indeb ted and hereby promises to pay to the bearer hereof the
sum of
ONE THOUSAND DOLLARS
in lawful money of Lhe United St a tes of America, on the 1s t day of , A. D.
1968, subject to call and p ayment , howeve r, at any time prior thereto , with interest
thereon from date until payme nt , as evidenced by the coupons attached hereto , payable
semi -annually on the first day of and the first day of ,
each year, principal and interest being payable at the office of the City .Treasurer on
presentation and surrender of the attached coupons and this bond as t hey severally be-
come due or are called for payment.
This bond is issued for the purpose of paying the cost of street improvements
in Paving District No. 7, in the City of Englewood , Colorado , by virtue of and in full
conformity with the Act of the Gener al Assembl y of t he State of Colorado, entitles,
"An Act relating to local improvements in cities and towns ", approved April 9, 1923 , and
an ordinance of said City duly adopted, approved, published and made a law of said City
prior to the issue hereof.
fhis bond is payable out of the proceeds of special assessmen t s t o be levied upon
real estate situate in the City o f Englewood, Colorado, in said Paving District No. 7,
specially benefit tcd by said improvements , which a ssess men ts s o to be levied, with ac-
crued interest, are by the s aid AcL made perpet ual liens on said real estate in the
respective amounts to b e apportioned thereto and assessed by an ordinance of said City.
It is hereby certified and recited that the t otal issue of bonds of said City for
said Distr ict , including this bond does not exceed the amount au t horized by law; that
every requiremen t of law relating to the creation of s aid Paving Dis tr ict No. 7, the
malting of said local improvements, and the iss u e o f t his bond , has been fully complied
ith by the proper officers of said City, and that all conditions required to exist,
and things required to be done preceden t to and in t he issue of this bond to render the
same lawful a nd valid, have happened, b een properly done and performed , and did exist
in regular and due time, form and manner, as requ ired by law.
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For the payment of this b o n d and t he i nterest thereon the City pledges all of its
lawful cor p orate powers .
IN TESTIMONY WHEREOF, T h e Cit y o f En g lewood has caused t his bond to be subscribed
by its Mayor, attested and counters i g ne d by t he Ci t y C l erk, Ex-Officio Treasurer, under
the seal of the City, and the interest coupon s her eto a tt ached t o be s i g ned wi th the
facsimile signature of the City Cler k, £~:-Off icio ~rer , as Rf t h~ ,day of
, A. D. 1957.
~~~~--~----~
( S E A L )
ATTESTED AND COUNfERSIGNED:
City Clerk. Rx-Officio Treasurer
(Form o f Cou p on)
No. $ -------
On the fir st day of , A. D . 1 9 , the Ci t y o f Englewood , Colorado,
ill pay to t he bearer
DOLLA RS
in lawful money of lhe United S ~t-a~t-e_s __ o_f __ A~m-e--r ~i-c-a-,--a~t.--t_h_e o ff ice of the City Treasurer,
in Englewood, Colorado, be i ng six mo n t h s ' i n t eres t on its local improvement bond issued
for the construction of local impro vements i n Paving Distric t No. 7 , Englewood , Colorado,
provided the bond to which this c oupon ~ a tt ached shall not have been theretofore called
for paymen t or paid. At t a ch ed to b ond dated , A. D. 1957 , bearing
No. (Facsimile Signature)
Ci t-y -c lerI<-;-xx-=OTficTo Treasurer
Section 9. T he City Cle r k, Ex -Off ic i o Treasurer, is hereby authorized and directed
to have printed such bonds a s may b e require d t o meet the actual cos t of s aid improvements,
as herein provided, and when s ai d bon ds ar e p repared, to is s ue the same as hereafter di-
rected by the Cit y Council .
Section 10. In order to pay the monet ary value of the general public benefit which
ill accrue to the City f r om t h e pr o p o sed improvements, the City will pay approximately
$75,000 of the cost of said impr ovements.
Section 11. Assessments collec ted shall be promptly applied in t h e payment of bonds
issued for said District and interest o n suc h bonds.
Section 12. The Mayor a nd City C l erk are hereby authorized to advertise for bids to
construct such improvements in fo u r (4 ) c ons ecutive week ly issues of The Englewood Herald
and Enterprise, a newspaper of g e ner al c irculation published in such city, such advertise-
ment to run concurrently with t h e p ubl ic a ti on of this ordinance.
Section 13. By reason of the f ac t t h at t he completion at the earliest possible date
of the improvements descri b ed in a n d c ontemp lat ed by this ordinance is necessary to the
immediate preservation of t h e pu blic s a fet y , it is declared that an emergency exists and
that this ordinance shall t a ke effec t fi v e (5 ) days after its final publication.
Section 14. All ordina n ces, o r par ts t hereof, in conflict herewith are hereby re-
pealed. This ordinance, after its fin a l passag e , shall be recorded in a book kept for
that p urpose, shall be aut h ent icated by the si gnat ure of t he Mayor and Ci t y Clerk, shall
be published in said City, and a fter b ecoming e ffec t ive , shall be irrepealable until the
bonds of said Distr ic t shall b e paid in full .
Introduced and read t hi s 2 0th d ay of May,
( S E A L )
( S E A L )
ATTEST:
T hi s 3 day of June , 1957.
I , J. L . Barron, City Clerk of t h e Cit y of Englewood , Colorado , do hereby certify that the
above and foregoing Ordin a nce was i n t ro duced and read in full and ordered published as pro-
posed Ordinance for the meetings of Ma y 2 0th and June 3rd , 1957 , held by the
City Council of the City of E n g l e wo od , Co lor ado , on said dates and the same was published ;
in the Englewood Herald and Ent e rpr i se, June 6t h , 1957 , as Ordinance No. 19 , Series of 1957.
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