HomeMy WebLinkAbout1928 Ordinance No. 004•
BY ~lT ~HO H I T Y -----.------
0 rt D I N A N C E . llO •. 4, S E H _I E S 0 F 1928.
I lJA.U CE J ~t ~TillG All JlJPi ~O V :ti r:~ll' J)lS~h IC~ Wl 1.r1nrr ~llE .CI 1fY OF ENGLJ.~WOOD,
COLORADO , ·~o BE ;:i'IOWU AJ EU G!.E \VO OD 3I1'mYAU: ~ DISTRICT NUWH~h THlt~E.
BB IT OliDAIHBD BY THE Cl ~1 CUUNU!L OP f~ OITY OP JlllGLKWOOD, COLORADO;
WBJmilAS, heretofore certain propert1 owner• of aeveral aeotions embraced
within this Dlatriot, have signified their dealre of having thia sidewalk
Dlatriot oreated: and
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WB~IAS, it ia deemed by this Counoil to be for th• beat intereat ot the
within mentioned propert1 and for the Cit7 of 19aglewood that this sidewalk
Diatriot be created; and .
IHBdB.t\8, at an adJourned regular meeting of the 01~ Couneil of the Ci'J
•f Inglewood, Colorado, held at the Cit7 Ball OD the l9•h 4~ of Deoeaber,
A.D. 1927, the City Counoil deolared the neoeaai·t7 of eatabliahiag and did e
eatabliah and create a oertain looal iaprovement Dlatriot withia the CltT of
i .. 004, Oolorado, to be oalle4 llnglewood Sidewalk Dl••rtet Bo.3, aaid
Dlatriot to be eatabliahed b7 virtue of and in accordanoe with an act of the
Geaeral A•• .. bl.7 of th• State of Colorado, entitled: "All aot relating to looal
1a,rov .. enta 1a Citi•• and Towna", dul7 paaaed b7 the legialature of the St•••
ot Colorado, aa4 approved and aigned b)' the Governor thereof on April 9th,1928,
otherwiee referred to ae Claapter 180, Seaaion Lawe of Colorado for 1923; aad
WJIBBBAS, tae Cit7 Bngineer of the Cit7 of lllglewood, Colorado,,aoting per-
~ to the authorii7 and inatruetion given hia by the aaid Cit7 Cowaoll,
then and there dul7 submitted to the said City Counoil aurv•1•. mapa, details,
plane and apecifioationa, and an estimate of the ooat regarding aaid Diatriot
and the work proposed therein; and
Wll.miBAS, at the aforesaid meeting, to-wit, the 19th d81' of December, A.D.
1927, a preliminary order was passed and adopted by the Cit7 Council, which
dul.7 adopted the said survey, maps plane and speoifioationa and ••'i•ate ot
coat of the proposed diatrict, and further ratified and confirmed the inatrue-
tiona given to the said City Engineer for the preparation ot aaid data; and
~s. by said preliminary order the Cit7 Council further instructed and
directed the Cit7 Clerk to publish in the .Bnglewood Herald and llllterpriae, a
newapaper of general oiroulation, published in the City of Inglewood, Colorado,
a notice to tha owners of property to be assessed, of the nature of the proposed
improve~ents, the number of installment&, the time in which the ooat will be
Ptll'able, the rate of interest to be paid on wipaid or deferred inatallmenta,
th• extent of the distriot to be iaproved, the priDoipal coat per front foot
aa ahown by the estimates of the City Engineer, the time when the Ordiaanoe
authorizing said improvements will be conaldered, the map, estimate alld ae•t4lte
allowing approximate amounts to be aseeaaed and that all reaolutiona ua4 prooeecl-
1.Jlg• were on file and could be seen and examined by &DI' person iatereated at
th• office of the City Clerk at &Jl1' time within twent7 (BG) da7e after the firet
JN)lloation thereof; that all oomplainta and obJeotioDa that aight be aade in
writing oonoerning the proposed iaprovementa by the ownera of a~ real estate
to be aaaeaaed would be heard and determined b7 the order and authorit7 of said
Cit7 Counoil before final action thereon; and
' \fH~S, the aforememtioned notice was properl7 publiehed aa directed and
notice ot the creation of the aaid District waa dul7 giYen aa provided b7 law
oaoe a week for three (3) oonaeoutive weeks by 1ublication in the Inglewood
Herald and Bnterpri••; and
WHBHEAS, the City Counoil duly met at an AdJourned liegular Meeting held on
the 16th d&7 of January, A.D. 1928, to oonaider whatever proteat and obJeotioaa
atgh' ~ave been filed oonoerning the oreation of the aaid propoaed diatriot
an4 whatever proteata or obJ•otions might oome before it purauant to aaid
aotio• therefore duly given; and
IHRilllAS, after full and complete op~ortunity tor the preaentation of protest
or obJeotiona, it was found and determined 'b7 the Ci~ Council that there were
no protest or obJeotioaa of ~ kind or nature whataoever tiled with or preaented
to the Counoil regarding the creation of said Diatriot aa hereinabove outlinecl
and set fourth.
BOW, TH l"d3POH~, BEI T OHDAINRD, By the C1t7 Council of the CitJ of Englewood,
Oelorado•
I. That the improvements hereinafter described ooneist of the oonatruotion
of aidewal ~s. t og ether with the neoeseary incidentals thereto, have been dul7
ordered and n otice thereof duly given as required by law.
2. That a looal iaprovement Diatriot be &llCl the aame id hereb1 established
and created to o~naiet of that portion of the Cl•7 of Inglewood bound &Dd
4eacribed aa follows, to-wit:
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•Beginning at the intersection ot the center line of Bast Yale Avenue and
South Logan Street; thenoe Weat to an interaeotioa with the oenter of alley
between South Llnooln Street and South Sherman Street; thence South to an
iateraeotion with the extended Borth line of lot thirt7-eix (36),Blook two (2),
of th• Re-aubd1Yia1on of lot two (2),and three (3), Killie• Subd1Y1sion;
tbenoe laat to an interaeotion with the center line of South Sherman Street;
thenoe South to an interaeotion wity the extended Borth line of lot thirt7-aix
(36), Blook seven (7), Str87er•a Broadwtq" Heights; thenoe West to an interaec-
tloD with the center line of south Broadw&7; thence South to an intersection
•l'h the oenter line of last Dartaoutb Avenue; thence llaat to an interaeotion
witb the oenter line of south Logan Street; thenoe lorth to the point of be-
gimaiag ;
, 20:1
and "Beginning at tae intereeotion ot the oen,er line ot last Jefferson
Tenue with the oenter line of alley between Soutk Pearl and South Waahingto•;
taenoe South to an intersection with the extended lbrth line of lot twent1-
nin• (29), Blook aix (6), Higgins Englewood Gardena; thenoe Weat to an in••r~
aeotion wita center line of alle1 between South Pen91lTania ant South Pearl
Street•; thenae North to an interaeotion with oenter line ot Bast Jeffereon
ATenue; thence East to the point ot beginning." and Beginning at a point on
the Weat line of alley between South Bannock and South Cherokee Streets,
whioh ia one hundred and e1ghty-f1Ye (185) feet South of the South line of
eat Baatman AYenue; Thence South three hundred and fifteen (315) feet;
thenoe Weat to an intereectiAA .ir_t~h the extended -. •• line ot alley between
souta Delewar• and south l>el..,.il'e~treete; thenoe North to an interaeotion
with the Borth line of lot (15), Blook one (1), S.G.Balllyna Broadw&J Addition;
taenoe Baat to an interaeotion with the center line of South Cherokee Street;
thenoe Korth forty (40) feet; thence Raat to the point ot beginning."
3. That said Sidewalk D1atr1ot shall be known aa hereby designated,
"Inglewood Sidewalk District llwaber 'rhree."
•· That there is hereby authorized and ordered oonstruotion of certain
aidewalka and inoidentale thereto, as ahown by maps, plans, epecitioationa
a11d aohedulea heretofore prepared, adopted and ap~roved b7 the City Council.
the nature of the frRprovemente being subject to such minor changes as m&J
hereinafter be made according to law, is as follows tolwit: Sidewalks and
incidentals thereto are to be constructed on the following streets:
"O. the \'l est aide ot South !Jogan Street from East Dartmouth · A.venue
to Eaet Yale Avenue. On both sides of south Grant Street from East
Dartmouth Avenue to East Yale Avenue. On South Sherman Street as follows:
Between Rast Dartmouth Avenue and East Cornell A.Tenue, the South two
hundred and Fifteen (215) feet on the East side and the south one
hundred and eixt7-tive (165) feet on the West aide: Between Bast Yale
AT•nue and QLSt Amherst Avenue on the feet side the Uorth one hundred
and fifteen feet (116),also in front of lots thirt7-eeven (37) and
thirty-eight (38), in Block two (2), ot i:illiea Re-Subdivision ot
lots two (2) and three (3), ~illies Subdivision, and on the Rast side
between said ~aat Yale Avenue and East Amherst Avenue the south three
hundred a nd sixty-five (365) feet.
On Ra.at Dartmouth Avenue, the North side from South Logan to south
Broadway.
On East Cornell Avenue both aides from South Logan Street to South
Sherman Street.
On lCaat Bates Avenue both sides from South Logan Street to South
Saer11an Street.
On .last Amherst Avenue both aides from ~outh Logan Street to South
aherman Street.
On Re.et Yale Avenue on the South aide from South Logan Street to the
.alley between South Linooln Street and South Sherman Street.
On south Pearl Street between East Jettereon Avenue and East Kenyon
ATenue, the North four hundred and ninet1 (•90) feet on both sides.
South Cherokee 3treet (Bast aide) from a point which is one hundred
and eight7-tive (185) feet south ot the South line of Eastman Avenue,
South a distance of three hundred and fifteen (316) feet. .
South Cherokee Street (Weat side) from a point whioh is two hundred
and twenty-five (226) feet South ot th• South line ot llaatllan Avenue,
South a diatance a distance of two hundred and seventy-five (275) feet".
5. That bJ Tirtue ot and pursuant to the atoreaaid aot of the S&at• ot
Colorado, Chapter 160 ot the Session Lawe ot Colorado tor lg23, and all aote
and lawa in aid thereof, local improvement bonds ot the City be issued tor
the purpoae of p1qing for the atoresaid looal improvements iD an amount not
to esoeed the whole cost of said improveaent including engineering,and inspection
and incidental expenses, ae provided bJ aaid statute and not to exceed the
eatiaate of the coat made b7 the City Bngineer purauant to the prelillina17
order ot the Cit1 Counoil as adopted Deoember 19,1927, to-wit, the swa of
l '7. 600. 00
o. 'lhat said bonds shall be dated April lat, 1928, and ahall bear the
11&11e of the District improved; ehall be p&Jable to bearel twent1~two (22)
1•are from and after the date thereof, subject to aall and prior payment ae
provided by law; shall be subscribed by the ~or, countersigned by the Cit7
Treaaurer, attested by the Clerk of said Cit7 and the seal of the Cit7 th•r•-
wato affixed and be payable out of money collected on aooount ot the aaaeea-
mente made tor said improvements; shall bear interest at the rate ot not over
e{x per oent.(6~) per annum, P81'abl• ••mi-annually; shall have tort7-tour (44)
ooupona thereunto atta~hed, attested b7 the taosiaile signature of the Clerk,
•Yidenoing their interest and ahall be in the denomination of t5oo.oo eaoh,
being nwabered oonsecutivel7 from one upward; PROVIDBD, HOWEVER, that . it the
Cit7 Counoil of the City ot Englewood shall deem it adviseable, a117 or all of
•aid bond• m~ be in denomination ot •100.00 eaoh, instead of in the denoaia-
atioD ot $600.00. The principal and intereat ahall be p&Jable at the offioe of
the City Treasurer ot the City ot Englewood or at the Pirst National Bank of ·
•--•er,Oolorado, at the option of the holder.
7. Tlaat said bonds ahall be issued from time to time by the Cit7 Treasurer
upon eatillatea and orders ot the City Engineer, countersigned and approved b7
the ~or but the .l.(ayor and City Counoil may use sufficient of said bonds at
par tor the pey1oent ot engineering and other olerioal expenses and all oost of
ilaapeetion, or the M&Jor, with the approTal ot the Council •&7 sell in the
••a••r proYided by law sufficient ot said bonds to pay said expenses in caah.
Tke City Treaaurer shall make and preserve a reoord ot all bonds issued herunder
in a suitable book k ept for that purpose.
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a. That said bond• and ooupona thereto attaohed ahall be substantial in the
following :form:
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CITY OP ENGLEWOOD
ENGLEWOOD SIDBWAIK DISTRICT BUUBKR THRBB
LOCAL Il.IPHOV J~UT BOlil>
t5oo.oo
THE CITY 01 ~GLEWOOD, ia the Count7 of Arapahoe, State Of .
Colorado, for Yalue reoeiYed,acknowledges itaelf indebted to and herebJ promises
to i-7 to the bearer hereof the swa o:f t PIVB HUlfl>lUID DOLLARS in sold coin of
the Ullited States of Allerica of, or equal to, the preaent atandard ot weight aad
flaen••• on the first d~ of April, A.D. 1950, aubJect to oall and pa711ent,however
at ~ ti•• prior thereto, aa provided in the Aot of the General Aaaeabl.7 of the
Sta\• of Colorado hereinafter mentioned with intereat thereon from date hereof
11atil ~ent at the rate of per oent. per annwa, ~able aemi-annuall7,
on the first d~ of April and Ootolier in eaoh 7ear aa evidenced b7 the intereat
ooupona hereto attaohed, both interest and principal 1»&7able at the o:ffioe of the
Cit7 ?reaaurer of eaid Cit~ or at the Pirat lational Bank of Denver, Colorado,
at the option of the holder, upon presentation of this bond or aaid ooupons
reapeotive17.
'?Ilia bond is issued for the purpose of p~in1 the oost ot looal iaproveaen••
in the Baclewood Sidewalk District Nwaber Three, Bnglewood, Colorado, bJ virtue
of and in :full conformity with an act of the General Aaaembly of the State of
Colorado,entitled,"An Act Relating to Looal Improvement• in Citie• and Towne",
ap1rovecl April 9, A.D. 1~23, and all act• a11endator7 thereto or in aid t•ereof,
and an ordinanoe of the said Cit1 dul1 adopted, approved, publi•hed and made a
law of aaid Cit7 prior to the isauanoe hereof.
Thi• bond is payable out of the proceeds of a apeoial a•••aament to be
levied upon real estate, situated in the eaid Bnalewood Sidewalk Diatriei Bumber
Three, ~leweod, Colorado, and eepeciall1 benefited by said improvements, and
the aaae•maenta so made upon the real eatate in aaid Diatriot for the p~ment
her••f wi'h aoorued interest will be a perpetual lien upon aaid real estate 1•
the re•peotive amounts apportioned to said real ••tate and aaaeeaed b7 an ordinan••
of ••id City, said lien being on a parity with a lien of general taxes.
It is hereby certified, recited and warranted that the total bonds of
•aid Cit1 tor said improvement District including this bond does not exceed
the esti11&te of the City Engineer, the contract ~rice :for said improYement,
or the amount authorized by law. That said City has been for many years past
and is now a body politic and corporate, with the general powers of a oorporation,
duly organized. existing and operating as a City under and by virtue of the
Constitution and general laws of the State of Colorado; and is now and always
has been under oontroll of a Uayor and dul1 organized City Counoil as the duly
constituted corporate authority thereof; and it is :further hereby certified
and recited that every requirement of law relating to the creation of the said
Bnglewood Sidewalk District Nwaber Three, Englewood, Colorado, the making o:f
aaid local improvements and the issue of the bond, has been fully complied with
by the proper offic ers and that all conditions required to exist and things
required to be done precedent to and in the issuance of this bond to render
the same lawful and valid, have happened and have been properly done and per-
formed and did exist in regular and due time ,form and manner as required by
law.
Ill l'&S :.!' IJ.tOllY \ffiEaEOP, the said City of Rnglewood, by 1 ts J.(ayor, and City
Council, has caused thid bond to be subscribed by the Uayor and its corporate
seal to be irapreased thereon, attested by its City Clerk, and each of forty-
four (44) interest coupons annexed hereto to be signed with the facsimile
signature of the Cit7 Clerk and countersigned by the City Treasurer.
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At teat:
Mayor
*** -----------------~--City Clerk
-----~~-------------Ci t7 Treasurer
(PORU OF COUPOll)
o.
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on the The City of .Englewood in Arapahoe County,
Colorado, promises to pay to the bearer out of the proceeds ot special assess-
ment agai•et the real estate situated in the inglewood Sidewalk District Number
Three, Englewood, Colorado, Dollars, in gold ooin of the
United Statea of America, of, or equal to, the present standard of weight and
tineneaa, at the offioe of the City Treasurer in Bnglewood, Colorado, or at the
Piret National Bank in Denver, at the option of the holder, being aix f 6) months
interest then due on its local improve1aent bond issued for the construction of
looal improve~ente in Englewood Sidewalk District Number Three, Englewood,
olorado.
Dated -------------------
Bearing JWA ber
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9. B7 reason of the fact that the completion at tho earliest possible date of
the improvements described in ana contemplated by thia ordinance, is nece•sary to
the imrAediate preservation of the public safety, this ordinance shall take efteot
205
immediately after ite final paee~ge and publioation, aa required b7 law, and
eball not be subject to the referendWI proYiaions of Chapter 91 of the laws p
pa•••d at the nineteenth leeeion of the General Aaaembly of the State of Color,do,
10. ?hie Ordinance, after its passage, shall be recorded in a book kept for
that purpose, shall be authenticated b7 the eignaturee of the ~or and Cit7
Clerk, and ahall be publiah•d in the Englewood Herald and ~nterpriee, a news-
paper published within the liJaita of the City of Englewood, Colorado, ahall.
take effeot and be in foroe upon the expiration of five (5) d&78 after it baa
been ao published, and shall be irrepealable until the indebtedness herein ~ro
Yided for shall be paid in full.
Introduoed, read and ordered publiahed this 23rd day of January, A.D. 1928.
Pinall7 paeaed, approved and ordered publiehed this 20th day of Pebruary, 1928.
ATTEST: ~ti~
STAT& OF COLOiiADO )
COUNTY 01" ArlA.PAHvlS ) a. s.
CI'l'Y 01 &UG!.lWUvD )
u~
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I, Lenora Pogle, City Clerk and Recorder of the Cit7 of
Bnalewood, Count)' of Arapahoe, State of Colorado, do hereb7 oertify that the
above and foregoing Ordinance waa introduced and read in full, and on resolution
the aaiae was ordered published aa a proposed ordinanae for the Cit1 ot Inglewood.
Colorado, and same was ordered published at an AdJourned Regular Jieeting of '1 •1;,
Janua17 23, 1928, A.D.,held b7 the City Council on •••• date, and eame wae published
in th• Rnglewood Herald, in its issue of Janua17 26,1928, A.D. and for more than
ten days thereafter, and at a subsequent Adjourned Regular Ueeting tf the Cit7
Council held ~ebruary 20, 1928, A.D.,"AN OHDINAilCB CRlU.TINO A SIDEWALK DISTRICT
!THIN '1H E CITY OF EUGLRWOOD, COLORADO, TO B~ KNOWN AS RllGLRWOOD SIDEWALK DISTRICT
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NO. THRll", was duly passet and published .in the Englewood Herald and Enterprise ·ii
in its issue of Pebruary 23, 1928, as required b7 the Statute of the State of 11
Colorado. I
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Cit7 Clefk~-
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