HomeMy WebLinkAbout1926 Ordinance No. 019•
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B Y A U T ll 0 R I T Y ----~------
0 R D I IT A N C E U O. 19, S E R I E S 0 F 1926.
AN OiiDINANCE CREAT ING AN I:.!PROV~.f~UT DISTHICT WITHIN THE CITY OF ENGLEWOOD,
COLORADO, 'i'O BE l:llOWN AS fillGLEW OO D S IDEWALK DISTRICT NO. 1, ilD ORDERING AND
AUTHORI Z illG THE CONSTRU CTIOU OF SIDE\'IALI:S ALONG CERTAIN STREETS WITHIN SAID
DISTRICT. '.(QGETHER WI TH UECESSAH Y nm IDF.NTALS, AND PROVIDING FOR THE ISSUAllCE
OF Bo;1ns uF TH~ DISTH I CT IN PA YLt EN T FO!t SAID LOCAL II.IPROVF~MENTS.
BE IT ORDAillED BY THE CITY COU!:CIL OF THE CITY OF ENGLEWOOD, COLORADO.
Wll~~EAS ,at a regular meeting of the 6ity Counoil,held at th e City Hall,
on to-wit: the 1 2 th day of li1a.y,A.D. 1926,the City Council declaring the
nece ssi ty of eatablishing ,an d ther eupon determined to establish and create a
oertnin local i~prove men t district,witpin the City of Englewood,to be called
~glew oo d Side wal k District Uo.l, within which district were to be constructed
certain aide walks and i n cidentu.ls,sa.id District to be established and created
by virtue o f and i n accordance with an act of t he Gen e ral Assemb l y of the State
of Col o rud o ,entitled:"An Act Relating to Local Improv emen ts in Cities and Towne"
duly pa.oscd by the Le ti slature o f the State of Colorado,and duly approved and
signed by t he Cove r no r o f th o St a t e of Colorado,on April 9,1923,otherwise
r e f e r red t o as Chap t e r 180 o f t he Session Laws of Colorado for 19 23 ,and by
virtue o f an.v laws o f th e Stat e of Colo rado in aid th e reof; and
\VHEiiEAS , t he Ci ty Enginee r of t he City of Englewood,a.cting pursuant to
authority and instructi on gi v en h.;i m'by the City CoWlcil,then and there duly
submi tted to the City Council reports of surveys,maps,details,plans and speoifi-
cationa and an es t ima te of cost regarding said district and the work proposed
therein; and
HEREAS ,at said mee ting, on to-wi t: the 12th day of May,.A.D. 1926, a
prel iminary was duly pa ssed and ad op ted by the City Council which duly adopt~4
said surv e~s ,maps ,d e ta il s,plans a nd specifi cations and estimate of cost as t h e
aurv eys,maps,d e tails,plans and sp ecificati on s and estima~e of coat of the
proposed district,and further r atified and confirmed the instruction given
the City Engineer for th e preparati on of said data and said prelim i nary order
determined a nd set forth tho ex tent of the district to be assessed for the
c o st of said pr oposed i mp rov e•en t,th e details and specifications of said
improvemen t and the kin d of mat e r iuls t o be used therein, time within which
th e c os t of said imp rov emen t s hall be payable, the rate of interest on unpaid
and deferred installments ,and ratified and confirmed the authorization and
instruction th e r e tofore given the City Engineer for the preparation of _·a map,
estimate and schedule,which said mHp,estimate and schedule were duly prepared
by said City Rngineer,presented to the City Council,and adopted and approved
as aforesaid as the o ap,estimate and schedule of the proposed district, and
were ther eupon placed on file wit~ the City Clerk of the City of Englewood,
where the same migh t be seen and examined by any person,an4 said preliminary
9rder further instructed and directed the City Clerk to publish in the Engle-
wood Herald and Enterprise,a newspaper of general circulation,published within
the City of Englewood,a notice to the owners of property to be asseeaed,of the
nature of the improvement to be proposed,the number of installments and the time
in which the coat will be payable,tbe rate of interest on unpaid and deferred
installments,the extent of the district to be improved,the problble ooet per
lot or tract per front foot ae shown by tho estimate of the Engineer, the
probable total cost of said proposed improvement,and the time when an ordiDanoe
authorizing the cons*ruction of said improvement in said improvement distrivt
proposed would be considered and that a map of said proposed district, showing
the exterior boundaries thereof and the location of said local improvements
and the estimates and the schedule showing the amounts to be assessed against
each lot and tract of land in said diatrict,and all resolutions and proceedings
of said City Council relating to said proposed 1mprovement district and the
proposed improvements therein were on file in the office of the City Clerk in
Englewood and could be there seen and exwnined by any person interested during
business hours on any day on any day,on or before a regular meeting of the City
Council to be held on the evening of June 14,A.D. 1926,and that at said mill••
or time to which said meeting might be adjourned,all complaints and objections
that might be mad e in writing concerning the proposed improvements by the
owner or owne rs of any real estate to be aesessed,or any person or persons
interested generly would be heard and determined by the City Council of the
Cit7 of Englewood, before final action of said Council thereon,and that at
said time,to-wit: June 14,1926,or such time to which said meeting might be
adjourned,and after all complaints and pbjectione were determined,aaid Cit7
~ouncil would consider an ordinance creating said district and authorizing
and ordering the improvement proposed by the aforesaid Notice and Preliminary
Order; and
HERE.AS , the aforesaid notice was properly published as directed and
notice of creation of said improvement district was duly given as provided b7
law,once a week for three consecutive weeks,prior to the 14th day of June A.D.
1926,b7 publicat ion in the Englewood Herald and lmterprise,a newspaper of' general
circulation, published within the City of Englewood, Colorado,,-which notice ooniailie4
in form and substance all th e matters and things hereinabove seti·out as require&
by law; and
WHEREAS, the City Council duly met in regular meeting,held on the 14th dBi'
of June,A.D. 1926,and thereupon duly adjourned said meeting to the 16th day of
June, A.D. 1926; and
WH.mtBAS, the City Council duly met in an adjourned regular meeting on the
15th day of June,A.D. 1926,to consider whatever protests and objections might
have been filed concerning the creation of said proposed district and whatever
objeotions or protests migh t come before it, pursuant to said notice theretofore
given; · and
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WHERE.ls, after a full and complete oppertunity for the presentation of
protests or objeotions,and of the hearing of the swne,it was found and deter-
mined by the City Council there were no protests or objections of any nature
whatsoever.filed with or presented to the Council regarding the creation of
eaid district as the same is her einafter outlined and set fourth.
!lOW ,THEHEFOHE ,BE IT ORDAIUED BY THE CITY COUNCIL OF THE CITY OF EllGLE-
OOD,COL ORADO:
1. That said improveme nts hereinafter described,consisting of the con-
struction of sidewalk al ong certain streets,within the Englewood Side Walk I
District No.l,in the City of Englewood,Colorado,together with the necessary i
incidentale,have been duly ordered and notice thereof duly given,as required b7 ~
law,and that due no tice has b een given and all proper steps have been taken
for the creation o f t);re local improv em ent district hereby created.
2. That a local improvement district be,and the same ie hereby establishe4
and created,out of and within that portion of the City of Englewood,bounded and
described as follows, to-wit:
SOU'.r H BHOAD V/AY SEC 'i'IOU( To be assessed for coat of sidewalk within said
aeotion as hereinabove noted anf for proportionate eharo of the expense of ·I-.
distriot ) : 1 .
Beginning at a point on the center line of South Broadwq,whioh ie 386
feet south of the center line Hampden Avenue,thence south 117 feet,thence east
183 feet to the center line of the alley in Block l,Higgins Broadway Addition,
thence north along said center line 617 feet, thence west to the place of
beginning. ·
OXPORD ~ V Ell UE SECT IOlJ (to be assessed for cost of sidewalk within ea.id
section as hereinabove noted,and for proportionate share of the expense of
the district ):
Beginning at the intersection of the center lines of Osford Avenue and
South Broadway, thence south 330 feet, thence east to the southeast corner of
Lot 37,Block 17,South Broadway Htighta,thence north to the southeast corner
of Lot 36,Blook a6,South Broadway Heighta,thence west to the northwest corner
of Ltt 36,~lock 10,South Broadw~ Heights, thence south to the center line of
Oxford Avenue, thence west to tho place of beginning.
3. That said district shall be known as ,and is hereby designated BlltLI•
SIDE WALK DISTRICT ~O.l. .
4. That there is hereby authorized and ordered the construction of certain
sidewalks,and incidentela thereon,as shown by the mape,plana,epecifioations and
schedules heretofore prepared and adopted and approved by the City Counc1l,
which said sidewal lcs shall be constructed along the following portions of atreete
(subject to such changes as may hereinafter be made,in accordance with law),
to-wit:
ithin the South Broadway section or portion of the district a sidewalk is
to be constructed on the east side of Broadway,between a point which is 386 ·1
feet south of the center line of Hampden Avenue,and a point 1002 feet south .
of the center line of Hampden Avenue. :
Within Oxford Avenue section or portion of the district sidewalk ie to be
constructed on th e north side of Oxford Avenue,from the alley between South
Lincoln and South Sherman to South Clarkson,and on the south aide of Oxford
Avenue from Broadway to south Clarkson.
That by virtue of ,and )pursuant to the aforesaid act, of the Legislature
ot the State of Colorado,known as Chapter 180 of the Seesion Lawe for 1923,
and of all acts and laws now in force in aid thereof,local improvement bonds.
of the city be issued for the purpose of paying for the aforesaid local imp-
roYement described and provided for in this ordinanae wit~in Englewood Side
walk District No.l, Englewood,Colorado, in an amount not to exceed the whole
cost of said improvement including engineering and inspection.and incidental
expenaes as provided by that statute and not to exceed the estimate of the oost
made by the City Engineer,pursuant to the Preliminary Order of the City Council
as adopted to-wit,•fte a@greg 'e wi•,the aggregate total coat,
including incidentals, or $6450.00.
6. That the said bonds shall be dated August l,A.D. 1926,and shall bear
the name of the District improved: shall be payable to the bearer twenty-two
7ears from and after the date thereof ,subject to call and prior payment,as
provided by law; shall be subscribed by the Uayor, countersigned by the City
Treasurer, attested by the Clerk of the said City and the seal of the City
thereunto affixed,and be payable out of money collected on account of the
assessments made for said improvements; shall bear interest at the rate of
not over aix per cent.per annum.payable semi-annually; shall have forty-four ·1
coupons theret6 attached,attested by the facsimile signature of the clerk, 1 evidencing said interest; shall be in the denomination of $600.00 each,and -
shall be numbered consecutively from one upward. The principal and interest
shall be payable at the office of the City Treasurer of the City of Englewood
or at the •irst National Bank of Denver,Colorado,at the .option of the holder;
proYided,how e ver,that if th e City Council of the City of Englewood shall deem
it adviseable to do so.any or all of said bonds may be in the denomination of
100 .00 each,inatead of in th e d enomin at i on of t5oo.oo each. I
?. That said bonds shall be issued from time to time by the City Treas-1
urer up on estima t o s and orders of the City Engineer,countersigned and approved ~
by the IJayor,but th e I,{a.yo r and th e City Council may use sufficient of said bonds
at par for th e payment of engineering and other clerical expenses and aoat of
inspection,or the Mayo r,w i th the appr c val of the City Council,may sell in the
manner provided by law,sufficient of said bonds to pay said expenses in cash.
The City Treasurer shall make and preserve a record of all bonds issued hereunder,
ill a suit a bl e book kep t for that purpose. e. That said bonds and coupons thereto attached shall be substantially
in the following form:
UNITED STAT RS OF AMF~ICA
STATE OF COLORADO
COUUTY OF ARAPAHOE
l4'rmLEW OOD S ID E WAL!~ DISTHICT NUI 1IBER ONE.
LOCAL I!l1 P HO VEI.1~H'.r BOllD
No. $500.00 THE CI TY OF EH GL ~VOOD,in the Go unty of Arapahoe,State of Colorado,for
value rece i ved.a c kno wl e d g e s itself ind e bted to and hereby promises to pay to
the bearer ho re o f t he ~um of
FIVE HUllDRED DOLLARS
in g ol d c o i n o f t h e United States of America of.or equal to.the present stan-
dard o f weigh t an d f ine bess on the first day o f August,A.D. 1948,subject to
all and payrnent ,how ev e r,at any tira e prior thereto,as provided in the aot of the
eneral As s e ~bly o f t he State of Colorado,hereinafter mentioned,wity interest
thereo n fr om dat e ho r e of until paymen t a.t tpe rat e of __per cent.per annum,
pa;,rabl e s em i-annu a lly on th e first day of August and Fellrua.ry in each yoar,as
evidenced by t he i nt e rest coup on s hereto attached.both principal and interest
payabl e at t he office of th e City Tr easur e r of said City or at the First
~at i onal Bank o! Denver,Colorado,at the option o! the holder,upon presentation
o! th is b ond or said c oupo n s respectively •
• 1 . rl'his bond is issue d for th e . purpose Of paying the cost Of local
improvements in En glew o od Si do Wu H: District Ho .l.Englewood,Colorado, by
virtue of and in full conform i ty wi th an act of the General Assembly of the
State of Colorad o ,entitled,"An Act Relating to Local Improvements in Cities
and Towne,"a.ppr oved ~pril 3,£.D. 1923,cwd all a.eta amen<latory thereto or in aid
thereof ,and an ord inanc e of said City duly adopted,approved.published and roade
a law of said city prior to the issuance hereof.
his b on d is payabl e out of th e proceeds of a special assessment to be
levied upon real es tate situated in the said ]nglewood Side Walk District Bo.l,
Englewood,Colorado,and especially benefited by said improvements,and the assess-
ments so made upon the real estate in said district for the p~ment hereo! with ac
aoorued interest w ii ll be a perpetual lien upon said real estate in the fespeotive
amounts apportioned to said real estate and assessed by an ordinance ot said City
said lien being on a parity with a lien o! general taxes.
It is hereby certified.recited and warranted that the total bonds of said
oity tor said improvement district,inoluding this bond,does not exoeed the esti-
mate of the City Engineer,the contract price for said improvement,or the amount
authorized by law. That the said City has been for many years past and is now a
body politic a n d corporate,with the general powers of a corporation,duly organ-
ized. existing and operuting as a City under and by virtue of the Constitution
o.nd general laws of the State of Colorado; and is now and always has been under
the control of a. !.~or and duly organized City Council as the duly constituted
authority there o f; and it is further hereby oertified and recited that every
requirement of law relateing to the creation o! the said Englewood Side Walk
District No.l. Englewood,Colorado,the making of said local improvements and the
issue o! this bond,has been fully complied with by the proper officers and that
all conditions r e quired to exist and things required to be done preoedent to and
in the issuance of this bond to render the same lawful and valid,have happened and
haTe b e en pro pe rly do n e and performed and did exist in regular and due form,and
manner as requ i r e d by law.
IN TESTIJ ,W llY \VHE.tl EOF, the said City of Englewood, by its Mayor and City
Council.has caused this bond to be subscribed by the Mayor and its corporate
seal to be im pressed hereon.attested by its City Clerk,and eaoh of the tomtJ~
four interest co upons hereto annexed to be signed witlrthe fao-simile signature
ot the City Cl e rk an d countersign e d by the City Treasurer.
TLST City c!erk
Mayor
-
(Form o! Coupon) CTty--rreasurer
o.----------
OU THE THE CITY OF ENGLEWOOD in Arapahoe County,
Colorad o,promi e e s to pay t o· t n e-bear e r out of the proceeds of a special assess-
ment aga in st t he r e al estate situat e d in Englewood,Side Walk District No.l,
lewood,Colo rad o ,------------Dollars in gold coin of the United States of
erioa,of,or e qual to the present standard of weight and fineness at the office
o r t h e City Tr e a s ur e r in Englewood,C o lorado,or at the First National Bank in
Denver.at th e opti on o f th e holder,being six months interest then due on its
local impro v ement b ond,leeued for the construction of local improvements in
!nglewood S id e Wal k District llo.l,Englewood.Colorado.
Datet-------------
Bear i ng Ho. ------------9. The City Clerk is h e r e by auth orized and directed to have printed
Suffici ent bo n ds of the de nom inati on of $500.00 each.if ao determined by the
Cowtci l ,num be red con secutiv ely !rom on e upward and as required to meet the
actual c o st of sai d impr ov eme nt herein provided and credit shall be indoreed
upon the last b ond i s sued so that said bond shall represent such fractional
part of t he p rinc ipal waount of said bond as may be necessary to ev .•idenoe
the actual ind e bt e dness in oured on a cco unt of said improvements,and when said
b onds ar e pr epar e d, t o deposit th e same with the City Trea.surer,to be issued
fro m time t o time ,as h e r e i n befo r e pr ovid e d,
10 . By reason o f t ha fa.ct that the co mpletion at the earliest possible
d a t e o! t he i mprov ernen ts d esc ribed in and contemplated by this ordinance, is
ne c essary t o the i 1nrn cdi u t e preservation of the public aa.fety,health and welfare
th i s ord i n an ce s hall t uke effect i me diately after its final passage and publi-
c ati on .as re qu i r ed by luw ,an d sha ll no t be subject to the referendum provisions
o! Chapt er 9 of the l aws pa :3 se d at the 19th Session of the General Assembly of
t he Stat e o f Colorado.
'•:t&~
11 . This ord i n an ce ,nfte r it s pa s~a gc ,sha ll be r eco r ded in a b o ok kept for
that purpose.shall be auth enticu t ed by the signature of th e lir a.yor and City Clerk
and shall be publi s hed i n t h e Englewo o d Herald and Enterprise,shall take effeot
and be in forc e upon the expi r a ti on of five days after it ha s been so published,
and shall be irr a pealabl e ,u n ti l th e indeb t e d ness herein provided for s~all be
paid in full.
inaly pa ssed,app r ov e d an d orde r ed published this 15th day of July.A.D.1926.
·.;:EST:
City Cler k .
Sf£TE OF COLORAD O )
~OUNTY OF ARA PAH OE) s .s .
CITY OP ENGLEWOO D )
_J~
I.Lenora Fogle , City Clerk and Recorder of the City of Englewood ,
County of Ar ~pahoe,Sta te of Colo r ado ,do hereby oertify that th e above and fore-
going Ordinance was introduced and read in full,and on resolution the same was
ordered publi s h e d as a pr opose d o r din a n c e for th e City of Englewood,Colorado,
and sam e was o rd e red publish e d at an Adjourned Regular 1~e eting of June 21,A.D.
1926, held by the City Council on suid date,and swne was published in the Engle-
wood Herald,u wce ::ly newspuper of general circulation in the City o f Englewood,
in its issue of June 2 4, 19 26.A.D.for mo re than ten days thereafter,and at a :, ...
subsequent Adjourned Regular Ueeting of said City Council held July 15,1926 1 ".Ali
1RDlNA!lCE CREATillG AH I IlPRO VEiirEN~ DI STRICT WITJlUl TH E C !TY OJ!, ENGLEWOOD. COLORJ.DO,
TO BE K!lOVlll AS El1GLE\VOOD SIDEVIALl: DISTRICT lfO. l ,AND ORDEHING AND AUTHORIZING
THE COUSTitUCTIOli OF SIDEWAL;(S AL ON G CERTAIN STREETS WITHIN SAID DISTRICT, TOGETHER
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WITH NECESSARY INCIDEilTALS,AND PROVIDING FOR THE ISSUANCE OF BONDS OF T1IE DISTRICT ,
IR ?AYLtE.llT FOR SAID LOCAL IUPROVEMEUT, "was duly passed and adopted, and published in JI
the Englewo od Herald and En t e rpris e ,in its issue of July 22nd,l926, A.D.,as requir et j
by t~e Statue of the State o f Colorado.
--~P:.C::-~ _&;-r
City Clerk.
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