HomeMy WebLinkAbout1926 Ordinance No. 024B Y A U ~ H 0 R I T Y ---------
0 ii D I N A li C E N0.24 S E ll I E S 0 F 1926.
u OR DiliAllCE CREA 'rIHG A SIDEW ALI: AUD II.IPROVEL!rulT DISTRICT WITHIU THE
CITY OF EllGL ~"\/OO D, COtOl\ilDO, TO BE l~lJO \Vll AS "EllGLRWOuD SIDEWALK DISTRICT
HUUB ER T WO".
BE IT ENAC TE D by the City Council of th• City of Englewood,Colorado:
WHEHEAS, heretofore a u1aj ori ty of th• property owners of eaclh of the
severa l secti on s embrased within this Dietriot, have signified t~eir desire
of having this Sidewall-:: Distr ic t created; and
WHEUEAS, it is deemed by this Counoil to be for the best interest of
the within ~•ntioned property and for th• Cit7 of &lglewood that this Side-
walk District be created; and
WHEREaS, at ' a regular meeting of the Cit7 Council held at the City Hall
on the 9th day of August, A.D. 1926, the City Council declared the necessity
of establishing and did establish and area~• a certain local improvement
dist r·J t within the City of Eng~~ood to be oall ed" llnglewood Sidewalk Distrio•
Number Two"; said district to be established 'b7 Yirtue of and in accordance
with an Act of the General AsserQbly o f th e State of Colorado , entitled;
"~n Act Helat iug to Local Improveuients in Ci t1•11 and Towns", duly passed by
the Leg isla t u re o f the State of Colorado, and approved and signed by the
Governor thereof an ~pril 9, 1923, oth erwia• referred to as Chapter 180,
Seasion Laws of Colorado for 1923; and
WHEHEAS, th• City Engineer of the City of !nglewood aoting pursuant to
the authority and instruction given him by the said City Council, then and
there duly submitted to the said Council surYeyM, mans, details, plans and
specificati ons, and an estimate of cost regarding said diatriot and th• work
proposed therein; and
WHEREAS, at the aforesaid meeting, to-wit, the 9th day of August, A.D.
1926, a preliminary order was duly passed and adopted by the City Council .
which duly adopted the said surveys,map, details, plans and specifications,
an d e s timate of co at of the preposed district, and further ratified and
confirmed the instructions given to the said City ;m g ineer f or the prepar-
ation of said data; and
WHEREAS, by said preliminary order th• City C0Ul1 cil further instructed
I
I
and directed the City Clerk to publish 'in the mglewo od Herald and Enterpriae .1,
a n ewspaper of general circulation, publiahed within th• City of Englewood, l
a notice to the owners of property to h e a sse eo ed, of the nature of the ·.
proposed improveaents, the nUI!lber of instullments, the time in which the
co•t wil l be payable, the rate of interest to be paid on unpaid or deferred
installments, the extent of the district to be improved, the principal oost
per front foot as shown by estimates of the City 3ngineer, the time when the
ordinance .Uthorizing said improvements will be considered, th• aap, estimate
and schedule showing approximate a.raounta to be assessed and that all resolutioa•
and proceedings were on file and could be seen and examined by any person
interested, at the office of the City Clerk at any time within twenty (20)
d~s after first publication; that all complaint• and objections that might
be made in writing concerning the proposed improvements by th• owner or owner•
of any real estate to be aaseases would be heard and determined by the order
and outhority before final action thereon; and
1iHE:dEAS, the aforementioned notice was prop•rl.7 publiahed as directed
and notice of the creation of the said diatriot was duly given as proYided
by law once a week for three consecutive weeks by publication in the Engle-
wood Herald and enterprise; and
WHEREAS, the City Council duly met at a apecial meeting held on the 20th
day of September, A.D. 1926, to consider whatever protests and objections
might have been filed concerning the creation of said propoaed district
and whatever objections or protests might come before it pursuant to aaid notiee
theretofore given; and
WHKdEAS, after full and complete oppertunity for the presentation of
protests or objections, it was found and determined by the City Coun.~l
that there were no protests or objections of any kind or nature whatsoever
filed with or presented to the Council regarding the creation of said district
aa hereinabove outlined and set fo~th.
NCJR, THEREFOR E,BE IT EllACTED, By th• City Council of the 'City of Englewood,
Colorado:
(1) That the improvements hereinafter deaoribed consist of construction
of sidewalk s, together with the necessary incidentals thereto, and have been
duly ordered and notice thereof duly given as required by law.
(2) That a local iuprovement district be and the same is hereby establi-
shed and created to consist of that portion of the City of Englewood bound
and described as follows, to-v.·it:
I
"Beginning at the intersection of the center line of West Hampden
Avenue and the alley between South Bannock and South Cherokee;
thence east to th• intersection with a line which is parallel to a
and 125 feet east of the east line ot South Bannock Street;
thence south to an intersection on th• north line ot th• city
ditch; thence southwesterly along said north line to an intersec-
tion of the center line of west K•Jl70n AY•nue; thence west to an
intersection with the center l i ne to th• alle7 between South Bannock
and South Cherokee atr••ta; thence north to th• point of beginning;
and
"Beginning at th• intersection of the center line of East Ke~on AT•Du•
and South Sherman Street; thence north to the south line of th• Cit7
ditch; thence northwesterly along said south line to an intersection
with the center line of th• alley between South Broadway and South
Lincoln atreet; thence aouth to an interaection with th• extended
east an d west center line of Lot thirteen (13) Blook On• (l),Higgins
Broadway Addition; thence west to an intersection with the oenter
line of So uth Broadway; thence south to an intersection with th• center
line of East Kenyon Avenue; thence east to the point of beginning."
(3) That said Di~trict shall be known as hereby designated -"Englewood
Sidewa l k District Number Two."
( 4.) That there ia h•r•by autho.rized and ordered construction of certain
aidewalks and incidentala thereto, as ahown by th• maps, plane, specifioationa
and schedule heretofore prepared, adopted and approved by the City Council.
Th• nature of the i r:l provement bei nf1 subject to such minor changes as may
hereinafter be made according -to law, is as follows, to-wit:
Sidewo.lk s and incidentals thereto are to be constructed on the following
streets:
"Th• north side of East Kenyon Avenue from South Broadway to South
Sherman; bo th sides of south ~inooln from Ilaat Ke~on north to the
City Ditch; both sides of South Bannook from West Ha 1J1pden to West
J efferson."
(5) That by virtue of and pursuant to the aforeaaid act of th• Legisla-
ture of the State of Colorado, Chapter 180 of t he Sesaion Laws of Colorado
f or 1 9 2 3 , and all acts and laws in aid thereof, local improvement bonds of
of the City be issued for the pur p ose of ~aying for th• aforesaid local
improvements in o.n amount not to exceed the whole cost of said i~provement
including engin eering and inspection, and 1no1dental expenaee, as provided by
aaid statue and not to exceed th• estimate ot the coat mad• by th• City
B:ngin••r pursuant to the preliminary order of the City Counoil as adopted
August 9 th, 192 6, to-wit, th• sum of 83600.00.
(6) That aaid bonds shall be dated October lat, A.D. 1926, and shall bear
th• name of the District i n r roved; ~h all b1 t1 pqabl• to bearer twenty-two ( 22)
. years from and after th• date thereof, subjeot to call and prior payment as
provided by law; shall be subscribed by th• U&yor, countersigned by the
City Treasurer, attested by the Clerk of said City and the saal of the City
thereunto affix•• and be payable out of rooney collected on account of th•
assessments ma d e for s aid il.rprovemen t; shall bear interest at the rate of
not over six p ercent p er a mmm , payo.b le se 1t -a:nn 11a.'1.l y; shall have forty-four
(44) coupons thereto attached, attested by the facsimile signature of the
Clerk,eviden cing B 3t~ 5n tere s t and shall be in th• denomination of $600.
each, being numb ered consecutive l y from one upward; proYided, however, that i
if the City Council of the City of Englewood ahall deem it adviseable, &?17
or all of said bonds may be in denomination of $100 eaoh, instead of in the
denomination of $500. The principal and interest shall be payable at the
office of the City Treasurer of the City of ~1 g1ewood or at the First National
Bank of Denver,Colorado o.t the opti on o f t h e holder.
(7) That said bonds shall be issued trom time to time by the Cit7 Treasurer
upon estimates and orders of the Oity lngineer, oountereigned and approYed '7
th• ~or, but the Mayor and City Council m&J' u1e auttioient ot said bonds at
par for the payment ot engineering and other ol•rioal expenses an4 all oost of
inapeotion, or the ~or, with the approYal of the Oounoil ~ ••11 in the aanne~
proY14•4 b7 law sufficient of said bonds to p~ .. id expenses in oaah.
'l'he Cit7 Treasurer shall make and preserve a reoord ot all bonds issued here-
under in a suitable book kept for that purpose.
(8) ~hat said bonds and coupons thereto a'tached shall )e substantial].)'
1Jl the following form:
•o. ____ _
CITY 01 BlfGLJIWOOD
BUGLEVIOOD SIDEWALK DISTRICT IUKBBR TWO
LOCAL DIPROVKLlllllT BOID
'600.00
1'JlB CITY o• RNGLKWOOD, in the lounty of Arapahoe, Stat• of Colorado,
'for Yalu• received, acknowledges itself indebted to and hereby proaia•e to
'PA7 to the bearer hereof the 8WI ot
'IVB HUNDRED DOLLAR8
1Jl gold coin of the United States of America ot, or equal to, the present a•andarl
of weight and fineness on the first d~ ot ~. A.D. 1948, aubJect to oall and
p~ent, however, at any time prior thereto, ae proYided in the act of the
General Assembl)' of the State of Colorado hereinafter aentioned with interest
thereon from date hereof until payment at the rate of per oent per annwa,
~able semi-annual].)', on the first d81' of ~ and BoYember 1D eallh 7ear as
•Yidenoed by the interest ooupons hereto attaohed, bo•h principal and inter•••
~able at the ottioe of the Cit7 Treaeurer of aaid 01•1 or at the •1ret
~ ~dti 1
•
atioaal Bank of DenYer, Colorado, at the pption of the holder, upon presentation
of this bond or said coupons respeotive17.
1'hi• bond is issued for the purpose of }Ml7ing the oost of local improvemen••
1D the Bnglewood Sidewalk District Bumber 'lwo, Jlnglewood, Colorado, b7 Yir•u•
of and in fUll conformity with an act of the General Assembly of the State of
Colorado, entitled, •An Act Relating to Looal lllprovements in Oitiea and !owns•,
approYed April 9, A.D. 1923, and all acta amendato17 thereto or 1D aid thereof,
and aad ordinance of the said City dul.7 adopted, approved, published aacl aacle
a law of •aid City prior to the isauance hereof.
< r.n
~ co
'llaie bond ie p.,able out of the prooeeda of a speoial aseesaaent to be 'I
leTied upon real estate, situated in the aaid Ballewood Sid• .. lk liatrio• ~
1ber '?wo, Bllglewood, Colorado, aad eapeciall.7 benefited •1 aaid irlprovemGta, ~
and th• aeaea .. enta so made upon the real eetate in aaid diatriot for the
~cat hereof with accrued interest will be a perpetual lien upon said real eat .
e1tate in th• reapeotive amounts apportioned to aaid real estate and asaessecl
'7 an or41Dano• of said Cit1, aaid lien being on a parit7 with a lien of
general tax••·
It ia her•b7 oertified, recited and warranted that the total bonds of I
•aid oit7 for aaid improYement district including this bond does not exceed 1
the eatilla•e of the Cit7 Bngineer, the oontraot prio• for aaid iJlprov .. eat, l
or the aaount authorised b7 law. !llat aaid C1'7 haa been tor ~ 7eara paat ·
and 1• now a bod7 politic and corporate, with the general powers of a oorpo-
ra•ion, du]J' organized, existing and operating aa a Oit7 under and b7 virtue
of tke Oonetitution and general laws o~ the It••• of Colorado; and 1• now
and al•~• haa been under the control of a ~or and dul.7 organized 01'7
001Uloil aa the 4u1J oonatituted corporate authorit7 thereof; and it is ~rt~er
hereb7 certified and recited •hat eve17 requirement of law relating to the
ereation of the aaid BDglewood Sidewalk Dia,riot Jlall•er !l?wo, 111g1 .. ood,
Colorado, •h• ll&lciag of aaid looal i•prov .. ent• and the 1a81le of this boad
llaa been tull7 oomplied with b7 the proper offioera an4 •hat all oondi•iona
required to exist and things required to be done precedent to and in •he
issuance of this bond to render the same lawful and valid, have happened
ancl have been properly done and performed and did exist in regular and due
tille, form and manner as required by law.
DI TBSTIUODY WHBREOP, the said Cit7 ot Jlnglewood, 'b7 its ~or and Cit7
Oo1111cil, has caused this bond to be aubaoribed b7 the 11&7or and its corporate
aeal to be impressed thereon, attested b7 ite Oit7 Clerk, and each of t~rt7-
four interest coupons annexed hereto to be aigned with the faosimile signa-
•ure of the City Clerk and countersigned b7 the Oit7 'lreasurer.
Kqor
Atteat'
anj-Clerk
Clt7 'lTeaeurer
(:rORU OP COUPOB)
BO.
OD the THI Cit7 of Bnglewoo4 in Arapahoe County, Colorado
promises to pay to the bearer out of the prooeeda of a special asseeement
against the real estate situated in the Bnglewood Didewalk District Bo,two,
Bnglewood? Colorado, Dollara, i~u s~lt o 9oin of the tlnited
States of J.llerioa, of, or equal to, the preaent atandard of weight and fine-
neee, at the office of the City Tr•••urer in Inglewood, Colorado, or at the
Piret national Bank in Denver, at tle option of the holder, being six month•
iatereat then due on its looal improvement bond iaaued tor the conatruoti~n
of local improvements in Englewood Sidewalk Diatriot Jlwlber Two, Bnglewood.
Colorado.
Dated
--------~--~~---
Bearing Humber ------~---
( 9) B7 reason of the fact that the completion at the earliest possible
date ot the improvements described in and oontemplated bJ this ordinance, is n e e
necessary to the imaediate preserYation of the public safety, this ordinance
ahall take effect immediately after its final paaeage and publication, as
required by law, and shall not be eubJeot to the referendwa provisions of
Chapter 97 of the I.awe passed at the Bineteenth 8esa1on of the General
Aaa .. bqr of the State of Colorado.
(10) Thia Ordinanoe, after its paeeage, ahall be reoorded in a book kept
tor that purpo1e, shall be authentioated b7 the aignaturea of the llafor and
Cit7 Clerk, and shall be published in the Baalewood Herald and Bnterprise,
a newspaper published within the limit• of the Cit7 of .Inglewood, Colorado,
ahall take efteot and be in force upon th• expiration of five d&1s after it
has been so published, and ekall be irrepealable until the indebtedness
herein provided for shall be paid in tull. .
•inall.7 passed , approved and ordered publiahed
A. D. lg26.
Attest:
thie 11 d~ of October,
--~~~------~or.
I
I
I
STATR OF COLOaADO )
COUNTY OF ARAPAHOE ) S.S.
CI1'Y OF BNGLEWOOD )
' . I, Lenora Pogle, City Clerk and Reoorder of the City ot
Baglewood, County of Arapahoe, State of Colorado, do hereby eertity that the
aboTe and foregoing Ordinance was introduced and read in full, and on resolu-
tion the same was ordered published as a proposed ordinance tor the City ot
Bnglewood, Colorado, and same was ordered publiahed at an Adjourned Regular
.eeting ot September 20, 1926, A.D. ,held 'b7 the Cit7 Council on said date,
and aame was published in the Englewood Herald, a weekly newspaper of general
circulation in the City of Englewood, in ita iaaue of September .30, A.D.
1926, and tor more than ten days thereafter, and at a subsequent Regular .
Meeting of said City Council held October 11, 1926,"All OBDIBANCE CREATING
A SIDEWALK AHD IUPROVEI.4ENT DISTRICT WITHIN THE CITY or ENGLEWOOD, COLORADO,
TO BE KNOWN AS I ElfGLEWOOD SIDEWALK DISTRICT llUUBBR no". was duly passed
and adopted and published in the Bnglewood and lnterpriae in iia issue
of October 14th, 1926, A.D.,as required b7 ••• Statute ot the State ot
Colorado.
'
----~N-___ c(E~-----
Oi t7 Clerk ·
: .. :;1c;:1