HomeMy WebLinkAbout1925 Ordinance No. 005B Y A U T H 0 R I T Y -----------
0 R D I N A ll C E NO. __§_ S .E R I E 5 0 F 1925
ill ORDillAUCE CiiB.A'.i'IllG All I11.PBOVill1lE1lT DISr.i1RICT IU THE CITY OF ENGLEWOOD, COLORADO, TO BB
N AS HillPDEll AV~llUE PAVIUG DIS ~.i'HIGT lllfwB.:.lli OlfE , AUD ORDl'~ING AUD AUTHOR!' nm THE CONS!RUC '_
~· AHD LAYING o~ GRADillG. PAVIllG AllD cun:;I HG A::..OllG AllD UPOU THAT CERTAIH STREET KNOWN AS
EST HAaPDZN AVEUUE, AUD PROVIDl.ilG b,Olt '.l'H :~ ISSUAUCE OF BOllDS OF THE DISTRICT IN PAYMENT FOR
SAID LOCAL D.4.PROVEIJ~lT.
BE IT OliDAlliED BY '"''H E CITY COUUCIL OF 'rHE CI'.1.'Y OP ~ll GLE \I OOD, COLORADO:
'IHERliS , A certain petition subscribed by the owners of property directly abutting on
that portion of a street sought to be impr oved, known and deeoribed as West Hampden Avenue,
in the Ci~ of .&rlglewo<Jd, Colorudo, h H-s heretofore b e~n duly presented and filed with the
City Council, said petition requesting the grading, paving and curbing of a portion of West
.Jlampden ATenue hereinafter desrcibed, and the creation ot a local improvement district with-
in th• City Of ~gleVIOOd. to be called "lUIJIJ:>DEU AV&JUE PAVIlJG DISTHICT NUIABER ONE"; said
petiton etating therein, and the Council finding that it ia duly and regularly drawn pursu-
ant to and in aoootdo.noe ~ith an act of the General Aeaembl.7 of the State of Colorado,
entitled "AU ACT Relating to local improvements in cities and towns," duly passed by the
Legislature of the ~tato \ of Colorado, and duly approwed a n d signed by the Governor of the
State of Colorado on the 9th day of April, A. D. 1~23; otherwiae known and callee Chapter
180 of ~eeaion Laws of Coloruao for 1~23; and,
~wa:itRAS , The aforesadi petition ha~ be f"H duly receiTed and f iled by the City Council,
and the City Council heretofore, on, to-wit, June 8, 1~26, at a regular meeting thareof
duly authorized and instructed the City ~ngineor to prepare an estimate o~ the coet o~ said
propos ed imp~ovement, together with a map of the district in whioh the improvement was to
be made, and a schedule showing the approximate amount to be aeeeaeed upon the several lots
or parcels of property within the district, which estimate, map and schedule .are thereafter
duly prepared by said 0ity Engine er and present to the ~ity Oounoil; and,
EREAS, The City Council at an adjourned Meeting on June 17, 1925 , duly passed and
adopted a preliminary order or resolution duly adopttng and approving said estimate, map,
and eohedule as the estimate, map and s chedule of said distriot, together with the details
and epeoifioatione contained therein; and,
nneRAS, By said re ~olutio n aforesaid tho said City Counoil determined the number of
installJllante a nd the time in which t ho cost of s aid improvements should be payable, the r
rate of interest on uhpaid installments, the dist ri ct to be as s es sed fer the same, the
probable total cost of said local improvements, the maximum amount of such total costs to
assessed upon each lot and parcel of lo.nd in saiu district, nnd directed the said City
Clerk to publish in the Englewood Hoarld and En g e rprise, a newsp a per of general circulation
in ·the City of ~lewood, a notice to owners of the property to be assessed, of the kind
of improvements proposed, the nwnb c r of instullmonts und the time in which the cost will
be piqable, the ra~e of interest on unpaid and defe rred installments, the extend of the
district to be improved, the probavle cost per lot, or tract per tront feot as shown by
the estimate of the Engineer, und the timo when an ordinance ordering the construction of
said improvements in said improvement district proposed wpild be considered, a nd that a map
ot said proposed district, showing the exttrior bo undarie u thereof, and the looat~on of
local improvements, and the estimate and schedule showing the am ount to be assessed against
each lot anu tract of land in said ddstri ut , and all resolutions u.nd proceedings of said
City Council relating to said proposed improvement dietric~ and the proposed improvements
therein, were on f4le in the office of the City Clerk in Englewood and could be aeon there .
and eximaned by any person interse oed during business houre on any day ob or before a
regular meeting of hte City Council to ue held on the evening of July 13, 1925 A. D. ,
an4 that at suid time all complaints l.1Ild obj ection s thu t might be made in writing concern-
ing t he proposed i 1J provements by the owner or owners of any re ~l estate to be assessed or
any ~erson or persona interested generally, would be heard and determined by the City
Cou.lotl ~ ~· City of Englewood, before final action ot aa id Council thereon, and thut
at said time. to-wit, Wedn e sday evening July l~, 1~~6 A. D. , or euoh time to which said
eting might be adjourned, and after the determination tt all complaints and objections
was made the City Council would consider an ordinu.noe oreating said district and authorizing
and ordering the i mpr ovements prop eeed by the aforeeaid notiwe and resolution; and,
Ert&S, llotice of the creation of said improvemen t district was duly given as provided
b~ law, once a week for three for throe consoctivo weeks prior ~o the 13th day of Jul), A.
D. 19 2 5, in the ~ngl e \':ood Hearld and .unterprise, a newspapr cr of ge neral circulation,
published in tho City of ....:ngl tJwood, Colo r ado , which .,otice contained in form and substanoe
all the c attors a.nd things herein ab ~ve set out as required by law; and,
·;nE:.~!U.S, The C~ty Cow1 c il auly met in rcgulur r.ioetitl held on the 13th day of July,
• D. 1925 at the City Hall in Engle"vvd , to consider whatovor protests and objections
might have been f iled concerning th e creation of said proposed dist~ict and whatev e r objec-
tions and protests mi ght co me ~efore pursunat to the afore said notiae therefore given; and,
,'fliZREAS, It was found and det ermined by the City uouncil .at said meeting that there
ere no protests or objections to the creation of said district;
OW, TH...:d~'OlL~, BE IT ORDAill ED BY '.i'HE CI'.l'Y COUNC IL OF 'l'Hg CITY OF ENGLEWOOD, COLORADO
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3ec. 1. That the petition heretofore filed, requesting the grading, paving an•
curbing of West Hampden Avenue from the end of the pavement near Broadway, betweem
South Broadway and douth Acoma Street, to the right of way of the Atchison, Topema
and Santa Fe Railway Co., and for the creation of a looal improvement diatrict, hae ,
in due and legal form, been presented to this Council; that said petition is subscr-
ibed by the owncre of a majority of the frontage directly abutting on that portion
of the street to be improved; that the form and subata.noe of said petition are
legally sufficient to authorize the ordering of said improvements and the creation
of said district; that notice has been duly given of the creation of said district.
Section 2. That a local improvement district be and the same is hereby
established and created out of that porpion of the City of &nglewood bounded and
described as follows, to-wit: Beginning at the intersection of tbe · east line of
alley between South Broadway nnd ~outh Acoma Street with a line which is parallel
to and 936 feet north of the north of West Hanpden Avenue, thence west to an
intersection with the center line of South Bannock Street, thence south to an
intersection with u line which is parallel to and 875 foet north of the north line
of West Hampden Ave n ue, thence we :..:t to an intercection with the right of way line
of the Atchison, Topeka and Snata Fe Railway, thence •outhewesterly along said
right of wa.yline to an intersection with a line which is ppaallel to and 876 feet
south of the south line of West lla."!'lpden Avenue, thence east to an intersection
with the center line of south Jason Street, thence south to an intersection with a
line which is parallel and 996 feet south of the south liOe of West Hampden Avenue
thence east to u.n inters~o tion with the cent e r line of south Chertkee Street, thence
north to !lll intersec8 i on with a line which is parallel to and 875 feet south 0f the
south line of West Hampden Avenue, thence east to an intersection with tlll p~ter
li~e of South Bannock ~treat, thence south to u.n inter~cotion with a line which is
parallel to and 935 feet south of ~he south line of West Hampden Avenue, thence
east to an lnter~oction with the e as t line of alley between South Broadway and
South Acoma dtreets, thence north to the point of beginning.
Said district ' is p~oposed to be divide d into zones (subject, however, to the
right to finally detpr~i ne auid q~estiou b~ the me,ho4 provided by lawl, said
zones being described as follows, to-wit:
The ?irst Zone to consist of all the lots and lands abutting on Hampden
venue and to a depth of one hundred twenty five feet off of eaid Hampden Avenue
exclusive of all publio streets and alleys, and to be assessed 35% of the total cost
of the improv emen t.
~HE lecond ed ~one to consist of all the lots und lands from a depth of one
hundred twenty five feet off of Hampden Avenue and including a depth of two ~undred
and fifty feet Off of said Hampden Avenue, exclusivo of public steeets and alleys,
and to be as sessed twenty five % of the totul cost of the improvement.
~he Third Zone to c0nsist oJ· all the lots and lands from a depth of two hundred
f ifty feet off of l!ampden Avenue to an d includillt5 a depth of three l)undted seventy
five feet off of snid Hampden Avenue, exclusive of public streets and alleys, and to
be assessed 15 ~~ of the total cost of th o improvement.
The Fouth Zone to consist of all tho lots nnd lands from ·.a gepth of three
hundred seven ty five flet off of said Hampden Av&11ue to and including a depth of
five hundre• feet off of said Ha1.1pden Avenue, exclusivel~r of public streets and
alleys, and to be assess•d 10% of the total cost o f the improvement.
TI'.e Fifth Zone to concist of nll the lots and lunds from a depth of five hundred
off of Hampden Avenue to un d inc l uding a depth of six hundred twenty five feet off
of said Hampden Avenue excl~~ive · of public streets and alleys, and shall be asse•wed 1i of the total cost of the improvement.
The Sixth Zone shall consist of all the lots and lands form a depth of six
hundred twenty fiv e feet off of Hampden A"enue to nnd including a depth of seven ·
hundred fifty feet off of said Ha-pden Avenue e•olusiYe of public streets and alleys,
nd to be assessed 6% pf the total cost of the improvement.
'.rhe Seventh :.;on e to (;o ns~tlt of all the lots and lands from a depth of seven
hundred fifty feet o ff of HBLJpden Avenue to and including u depth of eight ~undred
seventy five fe et off of said llw.1pden Avenue exolusiwe of public streets and alleys,
and to be us s e s . £ed :;~ of the toto.l cost of the irnpr ~vement.
Sec. 3. That said d istrict shnll be known as and the some is hereby designated,
"Hampden Avenue Paving District Uumber One".
Seo. 4. That there is hereby authorized and ordered the construction of grading
paving and curbing on and ulong West Hampden ,\Yeneu, from the end of the pavement
near Broadway to the right of way of theAtch"aon, Topeka and Santa Fe Railwq, as
shown by the map, plans, specification ~1 nd schedule horeto prepared nnd filed with
the City Council, und heretofore appro ved by said City Council.
Sec. 5. That by virtue of and in pursuant of the aforsaid aot of the legislative
assembly of the St a te of ~olorudo, approved the 9th day of April A. D. lg25 and all
ac ts and laws now enforced in aid thereof, local impeoTernent bonds of the city to be
issued :'o r the purpose of pnying for the locul il!lprovments in this oedinanoe described
and provid e d to be constructed in said Harnppen Avenue Paving District No. Ont,
Ent;lewoad. Colorado, in nn umount not to exceed the \·1hu le cost of said improvements
including en~ine 1 ~rint;, ins ~)eation , eo ll cc t iu n :u m 0 1.11CJ: inoAAental expeneee as in
said law provided, and in no event to exc e ed the estimate of the cost made by the
City ~ngineer of st.i d City pursuant to the preliminary order of the Oity Council, as
as adopted June 17, 1~25 to-wit: $34,500,00, with six percent additional for the
cost of inspection, caallection und incidentals and interest.
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Sec. 6. That said bonds sh all be dated September 1, 1~25, and shall bear the name
of the d istrict i mpr o ved, shall be payabl e to tho bearer twenty-two years from and after
the date thereof, subject to call and prior puy13ent, aa provided by luw, shall be
subscribed by the ila yo r, co~ntersigned 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 the
money coll e cted on acc oun t of th o a s soosrnen ts mnde i'or aniu iiopr overnenta, shall bear
interest at a ra te o f not ov e r six percent por annwn, payable semiannually, shall have
forty-four oouponds there to attached, attested, by the fao•mile signature of the w1erk,
ovidencing said in t cl r es t, shall be in denominations of $600.00 eaoh, and shall be
numbered consectively fro~ one upward. The principal and interest shall be payable at
the office of the City ~reasurer of said C~y or at the First liational Bank of Denver,
Colorado, at the option of the h o lde~.
Sec. 7. ·~hat said bond wi l l be i sl:3uo d from ti13 e to ti me by the· Oi ty Treasurer upon
estimates and oru ers of the City ..:.n gineer, counter signed a n11 approved by the Mayor,
but the r.I ayor an d the City Council may u se sufficient of euid bonds at par, for the
pa.y.:te nt of ~ngin ecring and oth e r Cl e rical expenees u nd co•t of inspection, or the
.J ayor, with th e appro v al of th e City Council , may sell in the manner provided by law
euffioiont of tne said bonds, at not less tha.n par, to p~ auid expences in cash. The
City ~reasurer shull ma k e a.nu pre!:>erve a r ec ord of ull bonds issued hereunder in a
suitable book kept for that purpose.
Sec. 8. That suid b onds and the couponds thoreto attached eha.11 be substantially
the following fo rm:
UlH£~D S'i'ATES OF AUEHICA
STA 'l'E OF COLOiiADO
t~OUJI'I'Y <'~ AHA PAHOE
CITY OF ENGLE-VOODD
HALU.>D~ll AV ENUE P.AVIHG DI S'I'HICT NU1m~1.\ OUE
LOCAL ElPH O V i·~i l~i'.l DOUD
llo. $500. 00
T!Ll ~I'.1.'Y Ob, :~JGL1\'IO OD , in the Cou nty of Arapahoe, State of Colorado, for value
received, aclrnowl edges itself to and hereby promisoa to pay to the bearer hereof the
sum of F I V~ H Ulm;i :~D :'.)QL!iAliS in gold coin of the Unit e d States of Amerioa of, equal to,
the present stand ar& of we ight and finenel:ls on the lat day of September, A. D. 1947
subject to cull und payment, howev e r, at any tir1 e prior thereto, as provided in the
ct of th 0 gene r al asser.1 bly of (,he 3tute of Uol or •1 do horoinafter mentioned, with
interest thereon f roo date her eof until pay::i ent ut the rute of per annum,
pa yable semiannually on the 1st clay of June a.nu Dcc:m .1·udr in ench yenr, as evidence
by the intfltr~at ooupon<la hereto attuched , bo th principal nncl int e rest payable at the
office of the City lrcasur er of su i J City, or at the •1r~t National Bank of Eenv c r,
Colonaoo, o.t the option o i' th o huldc r, upou per seu tation of this bond or said .
c ouponds res pectively.
This bond i s is sue d f or ihc purpose of paying the cost of local improvements in
the Hamp den Avenue Puving District liurn l)e r One, r~n g le w ood, Colorado, by vittue of and
in full con fo rmity with an act fo th e teneral Assembl~ of the State of Colorado,
entitled "RELAT ilJG '1'0 LOCAL I i .lPnv VE 1 .ll'.:~fi'S I!i CITI 1 ~S .. UlD 'l'OWUS. ,, approved April 9' A. D.
19 23 , and all acts auendu.toru thereto or in aid thereof, and an ordinance of said
City du ly adopt ed , approved , published und made a luw od suid City prior to the
issuance S hereo f.
his b o nd is p ayable ou t of t he proceeds of a special a sses s mamt levied upon
real estate situated in the s u id Hampden Avenue Paving District Nurn"er One, Knglewood,
Color u.do, und especially benefited by ::;aid ir".lpr o vo me nts, and th e umount of the assess-
men t s so made upon the r ea l e stu.te in suitl dis trict f or the payrnent hereof with
acoured int e re s t is a lien u pon said r ea l es tate in the respective amount apportioned
to said re ~l estate OJ!ld assessed by an or dinan ce of said City, said lein h a ving
priorit7 over all othe r leins, except other bo nds heretofore issued by said city
and shall be on pari ty with th.-lein of general taxes; and it is hereby certified a nd
recited that the total issue of the bond s of said city f or said improvement di$tr~~t,
including t his bond, does not exceed th e esti1.1ate •)f th e City J:.ngineer, the contract
price for s aid i mpro ver.ien t for t he a e10u n t authorized by law.
It si her e by certified ,:recited and wa.rrentod t ha t said city hRs be€~ for many
ou rs past and is now a b o d:1 politic o.h dco r po rate, with the g eneral powers of the
corpo rati on, duly organized , existing a nd opera.ting us a city under and by virtue
of t h e Constituti on and General !Jaws of the ~tute of Colorado ; and is now and always
has been und Pr t h~ con tr ol of a l.1 ayor and d u ly organized City Oouncil as, the duly
con stituted co rp or tae au :ho r ity thoroof; ru1d it si fu rthe r hereby certified and
recieted tha t every re qui remo1 1t of law reluting to th e ceention of the said Hampden
.Avenue Pavin g ~~umbe r One , En g lerJOo d, ~o lrucli>, the making of su id looal improvements
and the issue of this bon d, hu o b e en fully c omplied wi th by the pro per officers and
thut all cou ditiona required to exist un d things re qui red t0 bo dmne prec•edent to
and 4;n the issuance of th is bon d to r ende r th<· swne lawful . and valid, having happened
and have been pr ope r ly done and pre fo r me d and did exist in regular and due tirn e, fonn
and mann er as re quired b y law.
Ilf TESTijJOUY 1/H~n~Ol', the suid city of ~nglevJOo d, by its lilayor and City Council,
he.a cau sed this bond to be s ubsuri b e d by th e ~.1 ay o r and its corporate se u.l to be
impr e ssod hereon , attes t e d by itu City Clerk, an J e uch of the for ty interset couponds
here to annex e d t o h e at tested by th e fac-si mi le, aignat 11re or the City Olerk the ---~~-{:__~--------
Uayor
~~S~:-------------------City Clerk
---------------------------City Treasurer
(Form of Cou pen)
i _t ~
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011 THE 'l1 HE CI TY OF .:lliGLEWOOD in Arapahoe County,Colorado, promises to~·
p~ to the bearer ou t of the prooeeds of a speoial aseaesment against the realeetate
situated in the HAl.lPD EN AVE NUE PAVING DISTRICT UUUBER OliE, Englewood, Oolorado,
Dollars, in gold coin of the United,States of lr~erioa of, or tqual to, the pres-nt
standard Of weight and finenees at the Office ef the City Treadurer in Englewood, Colorado,
or at the First National Bank of Denver Colorado, at the option of the holder, bei .. six
months int e rest t hen due on its local ir3pr ovoment bond issued for the construction of
local i r.lp r ov em e n t s in th e Hampden Avenue Paving District No. One, Englenod, Colorado.
Da~ed Bearing Number
·Ea ty Clerk
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Seo. 9. The Uity Olerk is hereby authorized and directed to have printed 76 bonda
of the denomination of Jive Hn n dred Dollars ($600) eaoh, numbered oonaeoutively from I
1 to 75 both n um bers inclusive, and is required to meet the actual ooet pf said improvement
ae herein providet,an d credit shall be in~oraed upon the last bon4 issue, so that said
b ond s h a ll repre sent su ch fraction a l part of Five Handred Dollars as may be neoes~ary
t o evi den ce th e ac tual i nd e bte d11e ss incu rred on acc ount of s aid i mprovements, and when
bon ds a r e p r epar ed to de p osi t t he swne wi t h t he ~ity Treasurer, to be issued from time
to time a s herein t ofo r e pr ovid e d.
;3ec . 10 . By r eason of the fa ct t h a t th e cor.l pletion at th e earliest possibe d8'e of
the imp r ov o::rnn ts desc rib e d in '.lnd co1'.1 t emplated by this ordinance is necessary to the
i mmed i a te pre se rv ation of tne pu b lic safet11, t h is ordinan ce shall ta}:e effect immediately
a fte r its final pasiJagc und pu b li cat i on, a s requir o<l by law, a nc1 shall not be subjeft to
the ref er end um pr ovisions of Ch aprc 9 ? of t he laws passed at the l~th ~esaion of the
Ge ne r al A s ~embl y of th e State of Uolor a d o .
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Se c. 11 . 1his ord inan ce, a ft e r it s p a~?s age, shall be recorded in a bo ok kept for
tha t pur po se, shall b e a uthenticat ed by t h e signature of th e Ua.yor and Cttity Clerk, and
sha ll be pu bl ished i n t h o .u nglowo od Hear l d i::i.ncr ~n~erprise, a newspaper published wibhin
the l i mits of th e Uity of .ut)_g l ow ood, s hall tak e effect o.nd b e in force upon the expiration.
of fi ve days aft~r i t has b e en so pub li3h e tl, and shall be irrepealable until the inlebted-
ness he r ein p r ovided f or shall be p aid in fu ll.
Introduce~, read amti o r d t~re d pu b li s hed t his ~ lGh day of i~ugust, A. D. 1925.
Finally pa ssed a...'1d adopee d t h is 1'1onduy th e 24th :'l o.y of August, 19 2 5 .~. D.
T .,s· ..
LJ ~ • 1 L £c ..-L b' l cnty ?{~~-ce
Sl1.A '.l'~ OF COLO:iL\.DO )
COUNTY OF ARAPAHOE ) S. S.
CI ':1Y 01!, .~G:i.Z\'IOO D )
L1ay•r
I, Lenora Fogle, City Clerk a.nu iecorder of the City of Englewood,
Coun ty of Arapaho e, State of Colorado, d o he r e by certify tha t t~e above and foregoing
Ord i nanc e was i~troduced an d r ead i n full an d on resolution was ord e r e d published as a
propesed ord inan ce .for the City of ~ng l c 1v oo d, Color a do, a nd sam e wus · order e d published at
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a Regular !.I e c ting of the Ci t y Uo nnc i 1 h eld August 10, l'J25, ~. D. held by the City Council .1 on sai d da t e , and same was publi s hed in t he ~ngl e wood Hearld, a weekly newspaper of general ·l
cir culati on in the Oity of Englewood, in its issue of August 13, 19~5 for more than 10 d&.1'8
the reaft e r and ll.t a s ubse quent Special Call l.Ieetingof so.id City Oouncil held. August 24, 1926 \.
"H r ORDEIAilC E CJ:{.LJ:'IllG .-.U 1 .. P •• v V.&J~ii'.i.' DI ::>THil!'l' IN 'i'H~ UI~Y OF ~NG LE W J U , COLORADO, TO BE
AS HAilPDEii AV~.ilUE P~V LIG :!n~rrH I CT NUl.lli i ~H OHE, .UID OHD i ~:t illG AUD AU 'rHORIZIUG THE
COll S 'rRUCT I Oll .1uJ!) LiiYLIG O:i!' Glii '.:J I HG t ?AVLiG AlID CUHBillG ALOl~G AUD UPON THAT CE n TAIN STREET
.Gi0\1H AS \/~3 '~ HAi!PDEll AVfillUE , AND PRO VIliH UG li'OR '.1.
1HE I~SUANC :8 OF BOlIDS FOR THE DISTRICT IN
A.YUE~l '.r. ~'OH SAID LOCAL I'..IP ~.O V l~I.l~H'l'. wus duly pa s sed und adopted and pu bl ished in the
~ngl e woo d Heurld in its is su e of Augu s t 27, 19 25, ~s r e quir ed by th e Statues of the ltate
of Color ado .
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City C~erk
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