HomeMy WebLinkAbout1925 Ordinance No. 011BY AU'l'BORI'l'Y
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0 R D I li A N C E N O. 11 S K R I B S 0 • 1926
AB ORDiliilCE CRMATING Alr Il.1PROVEil i~T DISTRICT WITHIN THE CITY OP BlfGLEWOOD,
COLORADO, TO BR KUOW.N AS HOSKill' S GRADillG ilD SIDEWALK DISTRICT •O. OBB, ilD
ORDEHING AllD AUTHOllIZING THE GRADING OP C~TAIH STREETS WITHIB SAID DISTRICT AND THE
CO.USTi-LlJCTION OP C i ~HTAIN SIDEWALKS 'l'OO i~THER WITH THE ll&CESSARY IlfDIDEll'l'ALS 'l'HEBBQI
Alfi) PROVIDlliG FOrt THE ISSU.AliCE UP Burros Oi THE DIS'l'liICT IN iAYMKUT FOR SAID LOCAL
IllPROVlGIEUT.
BE IT O~DA!llt.;D BY ~HE CITY COUNCIL OF 1HE CI '.rY 01 lmGLEWOOD, COL<BADO.
lfllERKAS, a petition subeeribed by the ownera of a maJority of the frontage of
certain propert7 abuttin on certain streets within the City of Englewood, aought
to be improved has heretofore been dully presented to and fil•4 withi the City
Council, which petition requests the grading of aai4 atreets, or parts thereof
and the construction of sidewalks and ino1dentals thereto and requests the crea-
tion of a local improvement 4iatriot in accor&ance with Chat. 180 of the aeaaion
Lawa of Colorado for 1923 to proYide for the p.,.eat of thtd oost of said propoaed
illproYement, said district to be known aa "Koakill ~a Grading and lidewalt Diatriot
o. One", said petition stating therein, and the Council finding that it ia dulJ
and regualarl7 drawn pursuant to and in aocordtac• with Chat. 180 of. the SeaaioD
Llpra of Colorado for 1923, otherwise known aa "An Act Relating to Local lmproYe-
ment in Oitiee and ~owns", duly passed b7 the legialature of the State of Oolora4o,
and dul.7 approvwd and signed by the GoYenor on the 9th 487 of April, 1923; and
'BEli &AS, said p•tition was dul7 received and filed b7 the Qit7 Counoil and the
Ci'7 Bngilaeer was duly authorised to prepare an estimate 'f the coat of said
propoae4 improvement, together with a map tf the district in which the improYment
waa tt be made, and a ahedule showing the approsimate amounts to be aaaeaae4 upon
the several lots or parcels of property within the district; and
.:as. at an adjourned regular meeting of the CitJ Council held in the City Ball
in Inglewood, Colorado, on the 16th day of Sept., A. D. 1926, a prelimina17 order
was dul.7 passed and adopted by said City Council which determinted and set forth
the extent of district to be assessed for the cost of said propoaed imprevment,
the details and stecifications of said propoaed improYemnt , the kind of material•
to be uaed in said improvement, the time wltlin whiah the coat of aai4 improYement
ahall be }>81'able, the rate of interest on unpaid and deterred 1Detallm•n••· and
authorised and inatruoted the City ~ineer to prepare an estimate of the ooat of
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aaid propoaed improvement together with an 11&p of the dia,riot in wh1oh th• said I .
propoaed improvmaent ia to be made whio~ said Map, Ba,imate, and Solae4ule, were i
4ul.7 prepared by eaid City Engineer, presented to aa14 Oiby Coulao11 and a4op•ed ~
aa4 approved by aaid Cit7 Council as the l.lap, Batlma'• an4 8ohe4ul• of th• propeae4 ·
4iatrict, and were thereupon plaoe4 on file with thd Olt7 Olert of the Otty of
Bngl .. ood, where the aame might be ••en a-4 exaa1n•4 •7 ~ peraon and said
prelirain&rJ order futh•r inatruoted and direot .. \he Cit7 Olert to publiah in the
Baglewood Kearld, and EDterprAae, a newapaper of 9eneral oiroulation published
within the City of imglewo64, a notice to the ownera of propeet7 to be aaaeaaed
of ta• nature of the 1mproYements proposed, th• number of inetallmllata and the
tim• in which the cost will be payable, the rate tf interest on unpaid &ad def•••4
1natallmenta, the extent of the diatrict to be improYet, the probable cost per
lot, or tract p ~r front foot ae shown b7 the eatimate of the Bngineer, the probable
total coat of said proposed improvement and the time when an ordina:ioe auth•r1slag
the conatruotion of s aid improvements in said igproYement diatr1ot propoae4 wo u ld
•• oonaidered and that a mpa of siad propoaed district showing th•• es,Ari•r
bouadries thereof aDd the loeation of said local improYem•n'•· and th• ••'imatee
and ahedule shawiDg the amounts to be aaa ~saed aga1nat each lot and traot of land
in aadi 4ietrict, and all resolutions :.md prooeedinga of aaid Cit7 Co~oil
relating to said p•oposed i rn provement district and the proposed 1mproYemeta were
on file in the office of the City Clerk in 1Zglewoo4, and oould be there seen
and eximaned by any person interested during bualneaa•• on a117 d~ on or before
a regular meeting of the City Council to be held on the 9Yening of October 19,
A. D. 1925, and that at said time all complaints and obl•otlona that might be raa4•
in writing ooncerning the propoaed improYemei ta by the MrD•r or owner• of &Jl7
realeatate to be assessed or any person or pereone intereate4 generall.7 would be '.I
heard and determined by the City Council of the 1i1it7 of Bnglewoo4, before final ·
action of said Council thereon, and that at aa14 till• to-wit, October 19 A. D. 1
1926, or auch time to which said meeting might ~I a4Journed, and after all
oomplainta and objection• were determined, eaid Cit7 Oouno11 would oonaider an
rdiDanoe creating said district an authorizing and ordering the improvement
propoaed 'b7 th• aforesaid Hoti•• and Resolution; and
WH&REAS, the a f oresaid notice was properly publ1aae4 aa directed, and ne*io• ef ,,
th• creation of said improYement district waa dul.7 giYen aa preYid•d by law •••• 1;.
a •••k for th••• oonseotive weeks prior to the 19ta day of October, A. D. 1926 ~
'7 publioation in the ~glewood Bearld and Enterpria•, a newspaper of general -
ciroulation published wi thin the City of Englewood, Colorado, which notio• oontaiaed
in f•raa and aubatanoe all the matters and thinga aerein alM>Y• aet out aa required
b7 law; &DA
&REAS, the City Council duly met in and adjourned regular meeting held on the
19t& da_y of Ooteber, A. D. 1926, at the Cit1 Hall 1n Englewood, to oonaider waat
ever protest and obJ•c*iena might have been filed cono98Ding the creation of aaid
propoaed distriot and whateYer objection• and proteata might oeme before it
purauaat to the aforesaid noti•• heretofore giYen, and
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WlllR~S, after a full and coapl•t• oppertunit1 for th• preaentatien of prote1t1 •r
ebJeoti••• and after a full and complete inYeatigatitn of the f1ll•1 •f aaid ¢ounoll
t•r an7 protests or objectiona which might haYe 'h•r•totor• been tiled er then
presented and after a t•ll oppertunit1 had been attorded te an7 person intereated
who might deaire to protest or ''J•ot to the creatien of eia4 d1atr1ot,1t waa
found and determined by the City Council at said meeting held at th• Git7 Kall ••
te-wit, the 19th d&.1' of October, A. D. 1926, that there ••r• no protest• or •bJ•o•-1••• of &117 aatur• whataoever fil ·d or prea .. ted regarding th• creation et said
f\~~~5 .
district, a
I•• 'rherefore B• It Ordained by th• Qity Council ot the Qit7 •f Knglewoo4~ Oellra4•
1. That said improvement thereine.Ct•r described oonai1tlng of th• grading of
oertain atreets wi.thin the ~ity of JSinglewood, and th• conatruction •f tidewalk•
tegether wita their neceasary incidentals thereon haYe been 4ul.7 erdere4 and neti••
thereof duly giTiln aa required by law.
2. That a local improvement ltatrict be t:Uld the aame ia hereby eatablisaed aad
createt out of and within that portion of th• City ot Bngl .. ood, bounced and
d•a•ribed as follows, to-wit:
·Beginnin g at th• intersection of the oenter line of East Kanati•ld AYeaue,
and the oenter line of the alley between South Linooln &Uld ·.death Saeraan Stre eta,
thence south •o an intersection with l the center lin• of &&st Oxford AY•nue,
taence west to an intersection with th• center line of ~outh Broadwa,, thanc• nertk
to an illteraection with th• center line of &!at Man1field AYenue, thanoe east to
ta• po~t of beginning.
3. That said district shall be known as and is aereby d•sigaated "B••kin'a
Qra4ing and ~idewalk District No. One,"
4. That ther i ~ aereby authorized and ordered the grading of oertain atreet1
hereinafter described and the construction of certain aidewalka and inoidentala
taer..._ aa shown by Mapa, Plana, Speoifica*iona, and Shoedulea aeretotor• prepared
adopted and approved by the City Council, the nature of the 1.aproYementa aubJ••t
to suoh minor changes as might hereafter bt made aooording to law is as toll•••.
to-wit:
~· follJwing streets or portions of atreeta are to be graded and sidewilk•
and inet4tatala constructed thereon; rli•~•ast aid• et South Broad ~ay. and bo'a
aidea of ~outh Lincoln froo last .Mansfield to East Oxford; ta• South •ia• of Ba•'
J.lanatield, and both sides of eaet Na•aau, and the Hortk aid• ot Oxford from tae
alley between Seuth Lincoln and South Sherman to Soutk Broadway.
6. That by virtue of and purauant to th• ti foreaaid acts of tbe Legislature
of th• Sta•• of Coler ado. kn••• aa Caap. 180 of th• S•••i•n Lawa •f 1923, and of
all aots and lawa now tn ~foroe in aid thereof, lecal improYement bonde •f the City
be issued for the purpose 0f P81'ing for the aforesaid local improYement deaoribe4
ia and pr•Yied for in this ordinance within Hoskin'a Grading and Sidewal~ Distriot
Bwaber Obe, Englewood, Colorado, in an amount not to exqeed the waole ••wt of
said improYement including engineering and inspection and incAdtntal expena ea
aa provided by aaid atatute, and not to exceed the eatimate of the coa• made by
the City Engineer pursuant to the preliminary order& of the City Uouncil aa adopted
September 16, A. D. 1926, to-wit, the awn of $6200.00.
6. That aaid bond• ahould l·e dated Karch 1, A. D. 1926, and 1hall bear tae
name of the diatrict improved; ahall be payable to the bearer twenty-two years
from and after the date therof, aubjeot to oall and prior paym ent aa provided by
l~; ahall be aubacribed by the Mayor, counter aigend by the ~ity Treasurer,
tteated by the Olerk of the ~aid City, an the aeal of the City thereunto afixed
und be a~bla out of money collected on acoount of the a~&esamenta made for aaid
improYementa; ahall bear intereat at the ra'-of not oYer aix percent per annum
able aemiaw:1ually; ~hall have have ~o~t)~f~usrooupona thereto attached, atteate4
b7 the faelidlile at.,.ature of the Clerk, eYidencing aaid interest, ahall be iD tae
denomination of f6(>0.00 each and ahall be numberet ooaaecutively from one upward.
e principal and interest ahall be P&¥able at tbe office of the Qity ~ea1urer
of alle Cit7 of ~lewood, or at tae Pirat National Bank of Denver, Col~· ado, at
the option It the holder.
7. Taat aaid bonda ahall be i oaued from time to time by the City Trea1urer
upon eatimatea and orders of the ~1ty EngtOetr, counter aigned and approYed by tae
~or • but the Uayor and the City Council may uae 1ufticient ot aaid bonda at par
for ti.a p&711ent ot engineering and other clerical expenses and coata of inapeotioa,
or tke ~or with the approval ot the Oity Council may aeel in tht manner proYided
~ 1 .. aufticient of aaid bonda to pay aa.d expenaea in oaah. The City Treaaurer
aaall ll&ke and preaerye a record of u ll bonda isaued hereunder in a suitable 'ook
kept for the purpoae.
8. i'&at aaid bond a and coupona thereto attached shall be substantially tae
following form:
UNITED STATES OF AUErtICA
STATE OF COLOriADO
COUllTY OF ,.,.ARAPAHOE
C I 'l'Y 01 ENGLEWOOD
HOS~IN' SCOHADnlG zt'AXD ::SIDEIALK DISTRICT NUUBER ONE
LOCIL IMPliD~EilENT BOBI>
o. --------------t500.oo 'l'H3 CITY OP ;uiGLEWOOD , in the County of Arapaaoe, State of Colorado, for
Yalu• rece1Yed, aclcnowledgea izaelf indebted to and aereb7 promiaed to P81' to tae
besrer her oot the aum of PIVE HUNDRED DOLLARS in gold ooin of the SDited Sta'••
of Allerioa ~of, or equal to the present standard of wiegth and tineneaa on the firat
&7 of Yaroh. £. D. 1948, aubject to call and p~ent, aoweYer, at any time prior
thereto, ~a provided in the act of the ten••al •••embly of the State of ~olcrado,
hereinafter .antioned, with intere at thereon from date hereof until payment at the
rate ot percent,per annum, apyable aemi-annaally on the first day of Maroa
and Sette~ber in eaca y .ar, aa eYidenced by the interest ooupont aereto attaoaed,
bota principal and interest p~able at the office of the City 1'reaaurer of aaid Cit7,
or at the firat Hational Bank of Denver, Colorado at tke option Gf the holder
• • • upoa preaaat~tion of this bond or aaid coupona reapectivel1.
Thia bond ii iaaued for the purpose of p~ing the coat of local improYemeata in
tae Boakin'• Grading and Side•alk N~ber One,. Englewood, Colorado, by Yirtue of &ll4
in full oonformit7 with an act of the Genreal Aaaembly of the State of Colorado,
entitled, "Aa Aot Relating to Local ImproYement in litiea an• Towne," approyed
April 9, A. D. 1923, and all act a11endato17 the~eto or in aid thereof, and an
ordinance of said City dul7 alltpted, approved, publiahe4 and made a law of aaid City
prior to tae iaauan c e ~oreof.
Tllia bond ia payable out of the proceeda of a apeoial a11ea1ment to be l6Yie4
upon real eatate ltttate4 in tae said Hoakin'a Grading and Sidewalk Diatriet
lumber one, Englewood, Colorado, and especailly beneSiSed by said im,,oYemeata, aa4
tae aaaeaa11 enta ao made upon the re&• eatate in aaid diatrici for the p~ent aereot 11
wita aooured intereat will be a perpetual lie• upon aaid real eatate in the reapec,iYe ,
amo1Ulta approtioted to aaid real estate and aaaeaaed \y an ordinance ot aaid Cit7, · .
aaid lien being on a parity with a lien of general taxea.
It ia hereby c e rtified, recited and warrented thut the local bonds of said Cit7
tor aaid improvement district including this 'ond doea not exceed the estimate of tae
Cit7 ~ineer, the contract price for aaid improvement, or the amotlJlt authorised
by law, That aaid ~ity haa been for ma ny yeara past and ia now a body politic and
corsporate, with the generul pewera of t a e corporation, duly organised, exaiating
and operating aa a Cit7 under and by Yirtue of the aonatttution and Qenreal Law of ·1
tae State of Cola-ado and ia now and alwaya has been under the controll of a l1.&7or
and dul7 organized City Council aa the duly constitued coropoaie autaorot7 ihereof;
and it ai further certified and recieted that eYe17 requiredment of law relating 'o
the creation of the said Hoakin'a Grading and Sidewall Diatrict BUJ1aer on.,
llnglewoo4, Colorado, the making of said local improvmenta ~d tae il9U1·.of ilii~1~ond
kaa been ful]JT complied with by the proper officera and thut alll conditiona required
to exi s t, and thinga required to be done precedent to and in the isauance of taia
\ond to render the same lawful and Yalid, having happened and have been properi, 4oae
and preformed and did exsiat in reg11i&r and due ~izae form and manner aa required ~1
law.
I• TBSTIUONY WH ~EOP, the aaid Uity of Englewood, by its M~or, and City Council aaa
oauaed taia bond to be aubaYribed by the M~or and ita corporate aeal to be impreaaed
aereoa, atteated by ita City Clerk, and each of to•t7-tour intereat coupona hereto
aanexed to be a*4Sne4 wit& the faoaimle aigniture of the Oit7 Ylerk, and counteraigaed
'7 tae City Treaaurer.
Mayor
ATTBSf: city aterk
C•oria of Counpan)
Clt7 -.,reaaurer
o. --61 ... ~f•IK~ THE CITY OP ENGLEWOOD in Arapaaoe County, Coloado,
promiaea to p~ to the bearar out of the proceeds ot a apeoial aaaea1111ent againat tae
~_.1 eatate aituatet in the Hoakin'a Qrading and Sidewalk Diatriot Nwaber one,
Bnglewood, Colo~do, Dollar& in gold coin of the United Statea of .Amerio•.
ot, or equal to, tae preaent standard weight and tineneaa, at tae office of tae CitJ
'lreaaurer in Bnglewood, Colorado, or at ~•• Pirat Bational Bank in DenYer, at the
optioa of the aolder, beina aix montha interest then due on ita local improYment •o•4
iaaue4 for tho oonatruction of loczl ic provmenta in Hoakin'a Grating and Sidewalk
Diltriot Hwaber One, Knglewood, Colorado,
Dated Beari-ng__,B_wa __ b_e_r ______ __
9. 'lhe Oity--"~·1-er~k~i~a--h_e_r_e~b-y authorized and directed to have printed 15 bondt
of tae denonimation of(t1500.oo ) Pive Hundred Dollara each, number .. ooaaecutiYel7
trom 1 to 16, both nwnber incluaiwe and ia required to meet the actual coat of aaid
improYement aa aerein proYided, and credit allall be indoroed upon the laat bond iaa•ed
ao th ·t aaid 'DD4 ahall tepre~ent auoh fractional part of live Hundred Dollsra aa ma7
\e aeoeaaar7 to eYidenoe the actual indebtedaeaa incurred on aoooutn of aaid improYe-
menta, and waen aaid bonda are prepared to depoait tae aarae with the City Treaaurer,
to be 1saued arom time to time as Aereinb•fore proYided.
10. )7 reaaon of the fact that the completuon at the ealerieat poaaible date ot
tae improYementa deaoribed in and comtemplated by taia ortinanoe, ia neceaaarr to tae
ima e•iate preaerYation of the public aafet7, taia ordinance aaall ta l:e effect
illraediate}¥ a f ter its t ·nal pasaage and publicatipn, aa required by law, aad ahall
not De aubjeot to the refere.dwa proYiaiona of Chat. 97 of the lawa paaaed at tae 19tk
Seaaion of tae Gen••al Aaaembly of the State of ~olorado,.
11. Tllia ordinance after ita pasaage, saall be reooreed in a book kept for that
purpoae, ab.all be autaenticated by the signature of tae ~or and Oity Qlerk, and a
allall be publiahed in the .Englewood Hearld and Rnterprise, and newspaper ~ubl.1.alled
within tae limits of the ~ity of Jlinglewood, ahall take effect and b6 tn ~torce d upoa
tae expiration of fiYe de.ya after it haa been ao publiaaed, and shall be irrepealable
unitl the indebtedneaa herein proYided for ahall be paid in full.
11.Jlally paaaed and approYed and ordered puiliahed this 14ta day of December, A,
D. 19 25,
AT'lBsT: 1 v w 4tft / cf:: '-" !/ , K .
(Seal I
Pinal publication December 17, 1926 A. D.
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STATE ·01 COLORADO )
COUN1'Y 01 ARAPAHOE ) S. S.
CI 'l'Y OP ENGLEWOOD )
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I,Lenora Pogle,CitJ Clerk and Recorder of th• Cit7 of B1111 .. ool,
Count7 of Arapaaoe,State of Colorado,do aer•b1 oertif7 taat tae aboYe and foregoiaa
Orclillarao• waa introducet read in tull,and on reaolution waa ordered publiaaed aa a
propoaed ordinance tor the Cit1 of iDglewood,Colorado,and aari• waa ordered pu\liaaed
at ua ad~oanled regular meeting of ta• City Council aeld NoY.12, 1925,A.D. aeld b7 ta•
01i7 on aaid date and aame was publiahed in tae Englewood Herald,& weetl7 newapaper of
general oiroulation in th• City of Englewood,in ita iaaue of NoY.19,1925, for ·more taan
ien d&7• taereafter and at a aubaequent Regular Keetiag of aaid CitJ Council aeld Deo.
14.1926,"Alf ORDINANCE CREATING AN I1Ll?ROVEI!llllT DISTiiICT WITHIN THE CITY OF ENGLEWOOD,
COLOBADO,TO BE KNOWN AS HOSKINS SRADING AND SIDEWALK DISTRICT NIDIBER ONE,AJJD ORDERIHG
AID AUTHORIZING THE GRADING OF CERTAIU STREETS WITHIN SAID DISTnICT .AND THE CONSTRUCTION
01 CBRTAilf SIDEWALKS TOGETHER WITH THE NECESSARY INCIDEUTALS THEREON AND PROVIDIBG .J'OR
THE ISSUAllCE OF BONDS OF TH~ DISTRICT IN PAYUENT FOH SAID LOCAL DIPROVEMENT," W&a I~
paaaed and adopted and publiaaed in the Englewood Herald in ita iaaue of Deo.18,1926,
aa required by the St atute of the State of Colorado.
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01'7 Cler~, -~~
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