HomeMy WebLinkAbout1926 Ordinance No. 023B Y A U T H 0 R I T Y -----------
0 R D I N A N C B NO. 23, S E R I E S 0 F 1926.
' AN ORDINANCE CHEAT nm A SIDEWA!.J: AUD lllPHOVEUENT DISTHICT WITHIN THE
CITY OF EUGLEWOOD , COLORADO, TO BE l~IOWN AS' HALL-SINCLAIR SIDEWALK
AHD STiillT Gi.U.DiiJG IJ.illHOVEMENT DISTRICT'.
BE IT ENACTED b7 the City Council Of th• City of Bngl•wood,Colorado.
WHEREAS, there has heretofore been presented and tiled with this Council
a petition subscribed by the owners of a majority of the frontage direotly
abutting on the streets and portions thereof ·included within thia improve-
ment district, requesting that this Council provide for the grading of
certain streets wit7in the City. of .imglewood and the construction of aid•-
walka and inoidentala thereto, and for the creation of a local improvement
district; and
WHEREAS, at a Regular meeting of the City Council held at the City Hall
on the 9th d~ of August, A.D. 1926, the City Council declared the necessity
of establishing and did establish and create a certain local improvement
district within the Cit7 of Englewood to be called "Hall-Sinolat• Sidewalk
and Street Grading ImproTement Diatrict"; aaid district to be eatabliahed
b7 virtue of and in aooordano• with an Aot of th• General aasembl7 of the
Stat• of Colorado, entitled: "An Aot Relating to Local Improvements in
Citiea and Towne", duly passed by the Legialatur• of the State of Colorado
and approTed and signed by th• Governor thereof on April 9, 1923, otherwise
referred to as Chapter 180, Seasion Laws ot Colorado tor 1923; and
WHEREAS, the City Engineer of th• City of Inglewood aoting pursuant to the
authority and instruction given him b7 th• City Council, then and there dul7
submitted to the said Counoil surTeys, maps, detail•, plans and speoifioationa,
and an estimate of coat regarding said district and the work propoaed therein;
and
WHEREAS, at the aforesaid meeting, to-wit, the ~th d&7 of Auguat, A.D. l92ia
a preliminar1 order was dul; passed and adopted b7 th• Cit1 Council whiea
dul1 adopted th•~aaid ·a~rve7, mAps, details, plane and apecificationa,and e ~
eatimat• of coat of the proposed district, and further ratified and confirmed
th• 1nstruot1ona given to th• said City Engineer for the preparation of said •
data; and
WHEREAS, by said preliminary order th• Cit7 counoil further instructed
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and directed the City Clerk to ~ubiiah in th• Inglewood Herald and Enterprise I
a newspaper of general circulation, published within the Cit7 of Englewood, ,,
a notice to the owners of property to be assessed, of th• nature of th• pro-,
posed improvements, the number of installments, the time in which the cost
will be payable, the rate of interest to be paid on unpaid or deferred
inatallmenta, the extent of the district to be improved, the principal cost
per front foot as shown by estimate.a of the City Engineer, the time when th•
ordinance authorizing said improvements will be considered., the map, estimate
and sohedule showing approximate amounts to be assessed and that all resolu-
tiona and p•oceedings were on file and could be seen and examined b7 any peraoa
interested at tt~ office of the City Clerk at any time within twenty (20)
d&7• after first publication; that all complaints and objeotiona that
might be made in writing concerning the proposed improvements by the owner
or owners of an1 real estate to be assessed would be heard and determined
by th• order and authority before final action thereon; and
&AS, the aforementioned notice wae properly published as directed
and notioe of th• creation of the said district was dulf given as provided by
law once a week for three consecutive weeks by publication in th• Englewood
Herald and Enterprise; and
WHEREIS, the City Council duly met at a Special Keeting held on the 20th
day of September, A.D. 1926, to consider whatever protesta and objeotiona
might have been filed concerning th• creation ot said proposed dietrict
and whatever obJections or protests might come before it pursuant to aaid
notio• theretofore given; and
HER.EAS, after full and complete opertunity tor th• presentation of
protest& or obJections, it was found and determined by th• City Council
that there were no protests or objectiona of &IJ¥ kind or nature whatsoever
filed with or presented to the oounoil regarding th• creation of aaid
district as h•r•inabove outlined and set fourth.
NOW, THEREFOHE, BE IT ENACTED, B7 the Cit7 Council of the City ot
Englewood, Colorado;
(1) That said improvements hereinafter deacribed, consist of the con-
atruotion of sidewalks and drains and the grading of streets within the
proposed district, together with the necessary incidentals thereto, and
haT• been duly ordered and notice thereof duly given as required by law.
(2) That a local improvement diatrict be and the same is hereb7 eatab-
lished and created to conaist ot that portion of th• City of Englewood
bound and described as follows, to-wit:
Beginning at th• intersection of th• oenter line of South
Sherman Street and East Dartmouth Avenue; thenoe east to an intera•o~
tion with th• center line ot South Clarkaon Street; thence Souta to
an intersection with th• center line of llaat Girard ATenue; thence
West to an intersection with th• center line of th• all•1,oont1Jluet
between south Pearl and south fenn97lTanla Street•; thence north to
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1 .! in intersection with the center line of Eaat Ployd Avenue; thence weat
to an intersection with the center line of South Logan; thence north to
an intersection with the center line of Eaat Eaatman ATenue; thence
west to an intersection with the center line of South Sherman Street;
thence north to the point of beginning."
(3) That said district shall be knowu aa hereby deaignated -"RALL-
SlllCLAIR SIDE~VALK AliD STREET GRADIUG DIS 1~:i ICT" •
C•) That there ia hereby authorized and ordered the grading of certain str
atreeta hereinafter described and the oonatruction of oertain sidewalk•
and inoidentala thereto as shown by th• ma.pa, plane, 1pecifioationa &114
aohedul• heretofore prepaired,adopted and approYed b7 the City Council,
the nature of the improTementa being aubject to 1uola minor changes aa
11&7 hereinafter be made according to law, ia aa follow•, to-wit:
Th• following atr••ta or portiona of atr••t• are to be graded an4
aidewalka and incidentals constructed thereon: The West aid• of South Clarkaon
from East Dartmouth to Eaat Girard; both sides South Washington from
East Dartmouth to East Girard; both aidea South Pearl froa East Dartmouth
to Raat Girard; both sides south Pennsylvania from East Dartmouth to Eaat
Ployd; both aides South Logan from Eaat Dartmouth to Bait Eastman; the Eaat
aid• of South Logan from Eaat Eastman to Eaat Plo7d; both aides South Grant
froa East Dartmouth to East Eastaan; the Eaat aid• of South Sherman from
ot ~artmouth to East Eastman; th• south aid• of Eaat Dartmouth from South
Sherman to South Clarkson; th• north side of Baat Eaatman from South Sherman
to South Olarkaon; th• South aide of &&at Zaatman from South Logan to South
Clarkaon; th• north side of East Floyd froa south logan to south Clarkson;
the south aid• of East Floyd from th• alley eaat of South Pennsylvania to
South Clarkaon; the north sid~ of East Girar4 from th• alley eaat of South
P ennsylvania to South Clarkaon.
(5) That by Tirtu• of and pursuant to the aforesaid act of the Legialatur•
of th• Stat• of Colorado,Ohapter 180 ot th• Seaaion Law1 of Colorado for 1923
and all acta and laws in aid thereof, local improvement bonda of the Cit7 be
iaaued for the purpoa• of p.,.ing tor th• aforesaid local improvement in an
amount not to exceed th• whole ooat of aaid improTement including engineerirag
and inspection, and incidental expensea, aa provided by said atatut• and not
to exceed the estimat e of th• coat made by the City Engineer pursuant to the
preliminary order of th• City Council aa adopted August 9th, 1926, to-wit,
the sum of $35000.00 •
(6) That said bonds shall bo dated October lat, A.D. 1~26, and ahall bear
th• name of the Diatrict improved; ahall be piqable to bearer twenty-two (28)
y eara from and after the date thereof, subject to call and prior payment aa
provid ed by law; shal l b e eubecribed by the Uayor, countersigned by the Oit7
Treasurer, attested by the Clerk of said Cit7 and th• aeal of th• City there-
unto affixed and be payable out of money collected on account of the aaaeas-
ments made for aaid iaprovement; ahall bear intereat at the rate ot not over
aix percent p er alanum, payable ser1i-annuall7; ahall have for~y-four (44)
coupona thereto attached by the facsimile aignatur• of the Clerk, evidencing
aaid interest and shall be in the denomination of tt;oo each, being numbered
consecutively from one to upward; provided however, that if the City Council
of the City of Englewood shalt deem it advisable, any or all of said bonds
may be in d enomination of $100 each, instead of in the denomination of $600.
Th• principal and interest shall be payable at th• office of the City ~reaa
urer of the City of ~iglewood or at th• Pirat Xational Bank of Denver,
Colorado, at the option of th• holder.
(7) That aaid bonds shall be issued from time to time by the City Treasurer
upon estimates and ordere of the City Engineer, countersigned and approved b7
th• ~or, but the 1Jayor and City Council m.,. use sufficient of aaid bonds
at par tor th• payment of engineering and other clerical expenaea and all coa'
of inapection, or the M~or, with th• approval of the Council m~ sell in the
manner provided by law sufficient ot said bonds to P&7 said expenaea in caah.
Th• City Treasur er shall make and preserve a record of all bonda, issued here-
under, in a auitable book kept for that purpose.
(8) That aaid bonds and coupons thereto attached ahall be aubstantiall7
in the following form:
?lo. _____ _
CI'.L'Y OF E!lGLEWOOD
HALL-SillCLAIR SIDEWALK AUD S':HEET
GRADUJG IUPROV&!EHT DISTRICT
LOCAL IMPUOVElA~T BOND
$600.00
THE CITY OF EHGLEWOOD, in th• County of Arapahoe, Stat• Of Colorado,
for Talue reoeived,acknowledges itself indebted to and hereb7 promiaea to
P&1' to the bearer hereof th• sum of
FIVE HUllDRED DOLLlRB
in gold coin of th• United ~tates of America of, or equal to, the present
standard of weight and fineneas on the firat d&7 of !fa7, A.D. 1948, aubJect
to call and payment, however, at any time priar thereto, aa provided in th•
act o! the General Aaaembly of the State of Colorado hereinafter mentioned
with interest thereon from dii.t e hereof un til pa711ent at the rate of __ _
per oent, per annum, payable semi-annually on the firat d&7 of J.f&7 and
BoYeaber in each year ae evidenced by the intereat ooupona hereto attached,
both principal and interest payable at the office of the Cit7 Treasurer of
aaid City,or at th• First National Bank of Denver,Colorado,at th• option of
the holder, upon pres en tation of this bond or aaid ooupone respectively.
dtJ_!i7
.... !JS
This bond is issued for the purpoae of P&7ing the cost of local
improvements in the Hall-Sinclair Sidewalk and Street Grading Improvement
Diatrict, Englewood,Colorado, by virtue of and in :tull conformity with an
act of the General •aaembly of th• State of Colorado, entitled,"An Act Relating
to Local Improvements in Cities and Town•",upproved April 9, A.D.1~23,
a n d all ac t s wnen dutory thereto or in aid thereof, and an ordinance of
said City duly a do p ted, a pp roved, published and made a law of said City
prior to the is s uance hereof.
Th i& bond is payable out of the proceeds of a special assessment
to be levied upon real estate, situated in the 1uid Hall-Sinclair Sidewalk
and Street Grading Improvement Distriot,Englewood,Colorado, and especially
benefited by aaid improvement&, and th• a1aea&11enta ao made upon th• real
eatat• in said district for th• payment hereof with accrued interest will
be a perpetual lien upon aaid real eatate in th• reapeotiv• amounta appor-
tioned to said real estate and assessed by an ordinance of said City, said li••
being on a parity with a lien of general tax•••
It ia here by certified and warrented that the total bonda of aaid
city for said improvement diatrict including thia bond does not exceed the
eatillate of th• City Engineer, the contract price for aaid improvement, or
th• amount authorized by law. That aaid City has been for raany years paat
and ia now a body politic and Corporate, with the general powers of a cor-
poration, duly organized, existing and operating aa a City under and by
Tirtu• of th• Constitution and general lawa of the State of Colorado;
and ia now and alwaya has been under the oontrol ~of a 11&7or and duly
organized City Council as the duly conatituted oorporate authority thereof;
aad it ia further hereby oertifjed and recited that every requirement of
law relating to the creation of the said Hall-Sinclair Sidewalk and Street
Grading Improvement District,Englewood,Colorado, th• making of said local
improvements and the issue of this bond,haa been fully complied with by
th• proper officers and that all oonditiona required to exist and things
required to be done precedent to and in the iaauano• 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 i, .. form and manner as ••quired
by law.
IN T E S ~IU OllY ~IH E..~EOF, the said City of &nglewood, by its Mayor,
and City Council, has caused this bond to be aubacribed by the Mayor and
its corporate seal to be impresaed thereon, attested by ita City Clerk,
and each of forty-four interest coupons hereto annexeA to be signed with
the facaimil• aignature of the City Clerk and counteraigned by the City
freaaurer.
"
-----------------~-------Uqor
Atteat: City Clerk.
C:lty-'.rreasurer
(Form of Coupon)
lfo. ___ _
OD the The City of 3nglewood in Arapahoe County,Colorado,
promiaea to pay to the bearer out of the proceed& of a apec!al asseaament
againat th• real eatate situated in the Hall-Sinclair Sidewalk and Street
Improvement Diatriot, Englewood, Colorado, Dollars in goli
coiD of th• United States of America of,or equat to, th• present standard of
weight and fineneaa,at th• office of the City Treaaurer in Englewood,Colorado
or at the •irat National Bank in Denver, at the option of th• holder, beiJlg
aix months interest then due on its legal improvement bond iasued for th•
oonatruction of local improv•~•nta in Hall-Sinclair Sidewalk and Street
Grading lllprovement District, Englewood, Colorado. ~
Dat•d--------~--~~-------Bearing Number
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( 9) By reason of the fact that the oornpletion at the earliest possible
date of the improvements described in and contemplated by this ordinance
is necessary to the immediate preservation of the public safety, this ordi-
. nano• shall tak e effect immediately after ita final passai• and publication
aa re quired by law, and shall not be subject to the referendum provisions
of Chapter 9 7 of th• Laws passed at Nineteenth Session of the General
Aaaembly of t h e State of Colorado.
(10) This Ordinance, after its passage, shall be recorded in a book for
that purpose, ahall be authenticated by the aignaturea of the ~or and City
Clerk, and shall be publiahed in the Englewood Herald and Enterprise,& newa-
paper publiahed within the liMits of the Cit7 of Englewood, shall take effect
and be in force upon the expiration of fiTe after it has been so published,
and ahall be irrepealabl• until the indebtedneas herein provided for shall
be paid in full.
Final ly passed, approved and ordered publiahed this 11th day of
October, A.D. 1926.
Atteat: ~a< cfJ:u O'L u ~ierk. ~
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Final Publication October 14, 1926.
STATE OF COLORADO )
COUiiTY OF ARAPAHOE) S.S.
CITY OF ENGLEWOOD }
I, Lenora Fogle, City Clerk and Reoorder of the City of
~lewood, County of Arapahoe, State of Colorado, do hereby certify that ta•
above and foregoing Ordinance was introduced and read in full, and on reaolutioa
the same was ordered published as a propoaed ordinanoe for th• City of
3nglewood, Colorado, and aame was ordered published at an Adjourned Regular
••ting of September 20,1926, A.D. held by the City Council on aaid date,
and aame was publi ahed in the Englewood Herald, a weekly n.ewspaper of general
oirculation in th• City of Englewood, in ita iaau• of September 30,1926, A.D.
for more than ten days thereafter, and at a aubaequent Regular Meeting of aait
City Council held October 11, 1926, "AB ORDINAllCE CREATING A SIDEWALK AND
IUPROVEl.:3NT DISTR IC 'l' WITHIN THE CITY OP ENGLEWOOD,COLORADO, TO BE KNOWN AS
"HALL-SINCLAIR SIDEWALL: AUD STHEET GRADillG IUPROVEUENT DISTRICT", was duly
paeaed and adopted and published in th• llnglewood Herald and Rnter~ri•• iR
ita iaaue of October 14th, 1926, A.D.,aa required by th• Statute of th• State
of Colorado.
---~cy ___ rf&~---
Ci t;y Clerk.
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