HomeMy WebLinkAbout1928 Ordinance No. 009B Y A U T H 0 ~ I T Y ---------
0 .\ I N A N C ~ li0. 9, S ~ ~ I E ~ u l 1928.
Ali 0.d!>IllilCE Crlli'.i'ING A LOCAL ll1ti>30VEtlEUT DI~TiiICT ViITHill 'l'HE CITY OF ENGLEWOOD
COLOrtAD O, 'l'O BE ~:NuWl'l .n.~ SOU'~H B~i OADWAY PAVIllG DIS~ltlC '.r lltn.lli~i FOU"L~.
BE IT v;iDAI.UED BY 'fHZ 0ITY GOU~lCIL OF '~HE CITY Ole' ENG~"WOOD, COLOrlADO.
WH&a3AS, heretofore certain property owners of several eeotions embraced
within this listriot, have signified their desire of having this local improve-
ment Diatriot oreated; and
WH.IRRA.S, it ie deemed by this Council to be for the beet interest of the
within mentioned propert1 and for the Cit7 ot Bnglewood that this improvement
Diairict be created; and
WHEREAS, at an adjourned regular meeting ot the City Council of the City
ot Englewood, Colorado, held at the City Hall on the 23rd day of April, A.D.
1928, the City Council declared the necessity of establishing and did establia-
and create a certain local improvement Diatriot within the City of Englewood,
Colorado, to be called South Broadway Paving Diatriot Nwaber 4; said Diatriot
to be eatabliahed by Yirtue of and in acoordance with an act of the General
Aaaembly of the State of Colorado, entitled:"An aot relating to local improve-
ments in Cities and rowns", duly passed by the legielature of the State of
Colorado, and approved and signed by the Governor thereof on April 9th, 1923.
otherwise referred to as Chapter 180, Sesaion Laws ot Colorado tor 1923; and
HKHBAS, the City Engineer of the City of Bnglewood, Colorado, acting perauaat
to the authorit7 and instruction gived hill b7 the aaid City Council, then and
there duly sub~itted to the Said City Counoil eurYe7a, maps, details, plans
and specifications, and an estimate of the cost regarding said District and the
work proposed therein; and
WHRREAS, at the aforesaid .meeting, to-wit: The 23rd day of April, A.D.1928,
a prelillinary order was passed and adopted b7 the City Counoil, which dul.7
adopted the said survey, maps, plans and 1peoifioation1 and estimate of oost
of the proposed District, and further ratified and oontermed the instructions
giYen to the said City Engineer for the prei-ration ot aaid data; and
WHKH&AS, by said preliminary order the Cit7 Counoil further instructed
and direoted the City Clerk to publish in the &nglewood Herald and Enterprise
a weekly newspaper of general circulation, published in the City of Englewood,
Colorado, a notice to the owners of property to be aaaeeaed, of the nature of
the proposed improveuents, the number of installments, the time in which the
ooet will be payable, the rate of interest to be paid on unpaid or deterred
inetallments,the extent of the Distriot to be improved, the principal ooat per
front toot,as shown by the estimate of the City Engineer, the time when the
ordinance authorising said i~provements will be considered, the map,estimate
and schedule showing approximate amounts to be assessed and that all resolution•
and proceedings were on file and could be seen and exa11ined by any persen
interested at the office of the City Clerk at any time within twenty (20) days
after the first publication thereof; that all oomplainta and objections that
might be made in writing concerning the proposed improvements by the owners
of any real estate to be assessed would be heard and determined by the order
and autho~ity of eaid City Council before final action thereof; and
WHEa~s. the aforeaentioned notice was properly published as direoted and
notioe of the creation of the said Dietriot was duly given as provided by law
once a week for three (3) consecutive weeks by publication in the 3nglewood
Herald and Enterprise ; and
HEliEAS. the City Council duly met at an adjourned regular meeting held
on the 21st day of iAa y, A.D., 1~28, to consider whatever protest and obj eotione
might have been filed oonoerning the c reation of the said proposed District
and whatever objections or protest 1~ight come before it pursuant to said
notice theretofore duty given; and
WBEli~S . after full and 001aplete oppe rtuni ty for the present& ti on of
protest or objeotiontJ , it was found '1tld deterroinod by the City Council that
there were no protest or objections of any kind or nature whatsoever filed
with or presented to the 0ow1c il regarding the creation of said District as
hereinabove outlined and set forth.
'· '.L'H&i~'O~t~, :az l ~' OliDAI.lED, BY fllE CI 'i'Y cou;1c1:r, u~, .'HE CITY o~, ENGLEWOOD,
COLOIU.DO:
1. That the irnprovements hereinafter described consiat of the widening of
South Broadway six (6) feet on either side with the construction of the
necessary concrete pavernent six ( 6) inches thicl: and concrete ourbe, together
with the neoesaury inc irl en tu la , such ns reraod el ing oatohbusins and the repair
of sidewalks destroyed in the course of thn work and other incidentals, have
been duly ordered an d noti ce t hereof duJy gi ven as ro r1uirod by low,
2 . That a local impr oveme nt District be and the same is h e reby established
and created to co11sl8t of that porti on of the City of :IDglowood bound and
described as follows, to-wit: Beginning at the interaection of the center line
of East Girard Avenue a n d the alley betw ePn South :Broadway and South Lincoln
Street; thence ::>outh to an intersection with u lin e which ia parallel to and
one hundred and e i ghty -one (181) feet So uth of the South line of East Hwnpden
venue; thence West to an intersection with the East line of South Broadway;
thenoe Northwesterly to a point on the ~es t line of South Broudway which is
one hundred and thirty-six (136) foet South of the So uth line of West Hampden
venue; thence West to un intersection with a line which is parallel to and
one hundred and thirty -three (1 33) feet ~ies t of the ~est line of South Broadway;
thence llorth t o an in teraection with t he center 1 ine of \les t Girard Avenue;
thence East to t he point of beginning.
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3. l'hat said improvement District shall be known ae designated,"SOUTH BROADWAY
PAVI NG DIS Trt I CT NU~.tBEH FOUR ''•
4. That there is hereby authorized and ordered oonetruotion of certain oonorete
paving, widening of South Broadway aix (6) feet on either aide and other inoidentala
thereto, as shown by maps, plans, epeoitioationa and aoedules heretotqre prepared,
adopted and approved by the City Counoil. 'l'he nature of the improvements being
aubJeot to auoh mi n or ohangea as may hereinafter be made aooording to law, is aa
tollowe, to-wi t: "W idening of South Broadway aix (6) feet on either side of the
present portion of said street used for traffio, with the construction of the
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neoesaary concrete pavements and concrete ourbe, together with the neoessarJ .
incidentals, suoh as remodeling catchbaaine, repair• to sidewalks destro7ed and :I
other inoidentale, said widening to be tro11 Girard Avenue to the Borth bank ·of I
Dry Creek. ·
6. i'hat by virtue of and pursuant to the aforesaid act of the legislature of
the State of Co l orado, Chapter 180 of the Session Lawe of Colorado tor 1923,
and all acts and l aws in aid thereof, local improvement bonds of th~ City be
issued tor the purpose of paying for the aforesaid local lmproveaents in an
amount n o t t o exoeed the whole cost of said improvement including enginee~ing ' ... 1 and inspection , and incidental .. expenses, ae provided by said statute and not 1
to exceed the eeti~ate of the cost made by the Cit7 Bngineer pursuant .to the ,
pre l i rainary order of the City Counoil as adopted April 23rd, 1928,, to-wit: ·
The aum of six t h ousand and no/100 (f6,000 .00) dollara.
'lhat said b onds shall be dated August lat, 1928, and shall bear the name of
the Distric t am proved; shall be p~able to bearer twent7-two years (22) from
and after t he d a t e thereof, subject to oall and prior payment as provided b7
law ; shall be eub eoribed b7 the L1a7or, oountersignecl b7 the City Treasurer,
attested b7 the Ci ty Clerk and the seal of the City thereto affixed .and be
J>&7able ou t of mon ey collected on aooount of the a1ae1aments made tor said
improvemen t ; s h a ll bear interest at the rate of not over eix per oent.(6%)
per annum, f&Ya bl e ae11i-annuall7; shall have fort7-four (4•) coupons thereto
attached , attested by the taoimile signature of the Clerk, evidenoing said
intere st and shall be in the denomination of $600.00 eaoh, being numbere•
oone eo~t1ve ly fr om one upward; ~~OVIDI~G, HOVIBV&i, that it the Cit7 Council
ot t he City of Qiglewood shall deem it advieeable, any or all of said bonds
mq be d en oulin a tion of ~100,00 eaoh, instead of in the denomination of $600.00.
Th e principal and interest shall be payable at the offioe of the City Treasurer
of the City of Eng lewood or at the First National Bank of Denver, Colorado, at
t h e option of the holder.
7. Tha t said bond s shall be issued f ro1 !l time to time by the City ·Treasurer
up on e stimat e s and orders of the City Engineer, countersigned and approved by
by t h e l.lay or, but th e 1-layor and City Oo unoil may use sufficient of eatd bonds
at par f or the p aym ent of engineer i ng and other clerical expenses and all cost ot ·1
inepe ot i on, or the l.Cayor, with the appr oval of the Counoil r4ay sell in the manner j
p r ov ided by law sufficient of said b onds t o pay said expenses in o_ash. i
Th • City Treasurer shal l ~ak e and preserve a record of all bo n ds ieeued hereunder
in a sui t able book kept for t hur purpose .
8. Th a t said bonds and coupons theroto a tt ach e d shall b e sub stantial in the
f0llowin~ forrn:
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CI'l'Y OF ~lGL.~\/OUD
SUU 'i'li 5;\0.ADW .n.Y l'li.VING D I SJ.'HIC'~ llUUBB;i :PU UH
LOC AL IiUHuVELOCJ'~ l3 0liD
$500.00
rl'he City of Englewo od , i n the Cow1 •y of Arapah o e, State of Co lorado,
for value received, uc l:nowledges itself indobted t o a nd h e reby pr om ises to
pay to bearer the suru of ·i. :'IV L HUiJD;tED DuL LJUtS
in go l d coin of the United Stat es of ,~:ae ri c a of, or e qua l to, the pz:esen t standard
of weight and fineness on the fir s t day of Augu s t , A.D. 1~5 0 , subje c t to call
and payment , however , o.t a ny time p rior th eret o , as provided in the Aot of the
e ner al Assembly of the State of Colorado her einut•er me nt ioned with interest
thereon from date hereof unti l payment a t the rate of per c en t, per annum,
payable semi-annual l;.r , 0n t!le first day o f .i'-u gus t an d F e bruary i n e a.c h year as
evidenced by t h e interest c o u pon ~ hereto a t tached, b oth pr i ncipal un d in terest
payable at t h e office o f the City 'i'rea e urcr of t3a 1rl Uity or at the F irst Uational ~1
Bank of Denver , Colorado , at the op tion of th e h ol d e r s , upon presen t a tion of ~
this bond or said coupons r espectively , ,
l'his b on d i s issued for ·the pu r pose of payi ng t h e cos t of lo cal improvements
in South Broadway Puving Di s tr ict rlw:.~.be r :fou r ,, El1g lewo od, Co l or ado , by virtu e of
· and full conformity with ru1 ac t of the Gene rul ~a ee~bly of the State of Colorado,
entitl e d , "An uct rel ating t o !io cal Ir:ipro v ementa i n Ci t ies uncl Town s," approved
April 9th, A.D. 19 2 3 , and all ac t s amondn t or y the r e t o or in aid t hereof, and
an ordinance of the s uiu Ci t y du ly udopted . a pproved, pu bli shed and ma de a law ·I
of said City prior to the i ssuance hereo f. i
This bond is puyable out of the proooed s of n sp eci a l as sessm ent to be levied
upon real e a tute, sl t un.t ed in the sujd S ou t h Broadway Pav ing Di strict Nuilber Four
Englewood , Colorado, und especiul ly bo11 c>fi teu by 1::3ui d lr:i pr ov emon t s , antl the
aseeasrnent to be mude upon the reul ostat o i n said Diatri o t for the payme n t
hereof with accrued inter est will be a p e rp e tu a l li en upon said real estate
in the respectiv e W!lOunts uppo r t i oned . to said re u l estate and a s sessed by a n
ordinanc e of said City , s u i tl lien being on a par i ty wi t h u l ien of gene ra l taxe s.
It i s hl3 r e by c er tified , reei t e d un <l wurr a 11t t:Jod that the total bonds of
eaid City f or suid irnprove1 :1ent Di.strict including th i s bond does not exoeod
the estimate of the City En5ineer, tho oontraot price tor aaid i~provement,
or the amount authorized by law. ~h at said City has been for many yenrs past
and is now a b o dy po litic and corporate, with the general powore of a corporation,
duly org anized, existing and operati ng as u City under ruid by virtue of the Con-
eti tution and goneral laws of the State of Colorado; nnd is now and always has
been under the con troll of a Mayor m i d duly organized City Council as the duly
constituted authority thereof; and it is further hereby cortified and recited
that every requir om ent of law relating to tha oreatlon of the said South B~oad
way Paving District Hum ber Four, Englewood, Colorado, the making of said local
1mprove ~ents and the issue of this bond, hae been fully co~plied with by the
proper offlcets and that all conditions re ·1uired 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 performed and did exist
in regular and due for10, tillle and manner as re'}uirod by law. The City Counoil
by ordinance has f1Uaranteed the P'lYment of this bond.
I J \l!TliES~ \VHSH~OF • the snid City of :~nglewood, by i ta Mo.yor, and City
Counoil, has caused this bond to be subscribed by the Iwl ayor. and i ta corporate
seal to be impressed thereon, attested by its City Clerk, and each of forty-
tour (44) interest coupons annexed hereto to be signed with the fasoimile
signature of the City 0lerk and countersigned by the City Treasurer.
'!'EST:
CTty Clerk.
Citt~reasurer.
( l!.,O lm OP OOUl>Oli)
liO --------
On the The City of Englewood in Arapahoe County,
Colorado, promises to pay to bearer out ot the proceeds of a special assessment
against the rea l estate situated in the South Broadway Paving District Number tour,
Bnglewood, Colorado, Dollars, in gold coin of the
United States of AmerI'Ca, of, or equal to, the preaent standard of weight and
fineness, at the office of the City Treasurer in Inglewood, Colorado, or at the
Pirst Uational Bank in Denver, at the option of the holder, being six (6) monthe
intereet then due an its local improvement bond issued tor the construction of
looal 1Jlprovements in South Broadway Paving Distriot Nwnber Pour, Englewood,
Colorado,
Dated
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Bearing ~umber ____ ~----------
9. By reason of the fact that the co1npletion at the earliest possible date
of the improvements described in and contemplated bt this ordinanoo, is necessary
to the immediate preservation of the public eafet7, this ordinance shall take
ettect immediately after its final passage and publication, ae required by law,
and shall not be subject to the referendum provision of Chapter 97 of the J.awe
pasaed at the Nine teenth Session of the General Assembly of the State of Colorado.
10. Thie Ordinance after its passage, shall be recorded in a book kept for that
purpose, shall be authenticated by the signatures of the J.layor and City Clerk,
and shall be published in the 3lglewood Herald and ~terpriae, a newe)>8per published
within the limits of the Oity of Englewood, Colorado, shall take effect and be
in force upon the expiration of five (6) days after it has been so published, and
and shall be irrepealable until the indebtedness herein provided for &hall be
paid in full.
Introduced, read and ordered published May 23rd, 1928.
Paeeed, pproved Cllld ordereu published June 20th, 1928.
tteat: ~<:V<fb_d
Citt r.crerk.
;;2J5
f "]t • I~ l
STATE OF C010H 4D O )
COUllTY OF ~R A r>AHOE )' S.S.
CITY OF RUGLEWOuD )
I, Lenor~ Fogle, City Clerk and Reoorcler of the City ot
Inglewood. County of Arn~Rhoe. State of Co1orRdo. do hereby oertify that the
above and foregoing ordinanoe was intr~duoed and read in tui1. and on resolution
the same was ordered published as a 'PrO'POBed ordinanoe tor the City of Englewood,
Colorado. and ewae was ordered oubliehed at an Adjourned He1it11lar Ueetina of
~ 23. 1928. A.D ., held by the City Counoil on said date, and same w.aa
~ubliahed in the Enalewood Hersld in ita iaaue of uay 24. 1928. A .D , and
tor more than ten days thereafter, and at a aubaeuuent Adjourned Regular
eeting of the City Connoil held June 20th. A D , 1928, "AN "RDINAllCE CREATiliG
A LOCAT, L.U.>RuVWEIJT DISTRIC~ WITHI N THE CITY OF lWQT.EWOOD, COLORADO, TO BE
KllOWil A~ Su\JTH BRO•DWAY "PAVING DISTRIC~ NUlABRR JOUN . " was duly -passed and 'P
published in the imglewood Herald and Rnter..,riae 1.n its isaue of June 21, 1928,
aa required by the Statute of the State of Colorado.
-~tV cij;-~ · ·-clt7 CA.er.
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