HomeMy WebLinkAbout1924 Ordinance No. 005I
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ORDIUA.lC S CR:.aTING AU Il!PROVJIIENT DISTRICT 1• THE CITY OF ENGLEWOOD, COLORADO, TO ·
BE KNOW AS SOUTH BOADWAY PAVING AND IUPiOIBJilEHT DISTRICT NO. 2, ABD ORDERING THE COi•
STRUCTION AND L.~YIUG OF PAVmEBT ALONG AND u ·oN 'i:HA.T CERTAIN STREET KNOWN AS smUTH BROADWAY,
ill> PROVIDIHG • R THE ISSUE OF BOllDS OF THE DISTRICT IN PAYWlliT FOB SAID LOCAL DlPROVBIIB?ITS.
BE IT ORDAINED BY THl!: CITY CuUNCIL t)F l'li~ CITY OF ENG~WOOD, COLORADO.
WHER~S, at a regular adjourned meeting of the City Council of the City of qlewood,
Colorado, held on the 18th day of February, • D. 1924, pursuant to an act of the General
Assembly of the State.-of Colorado, entitled,--RiLATillG TO LOCAL IMPROVEMmTS IN CITIES ilD
TOWUS, duly passed by the legislature of the State of Colorado and duly approved and
signed by ;he Governor of the ~tate of Co lorado on the 9th day of April, A. D. 1928, b7
resolution duly passed and adopted upon the requisite petition subscribed •1 the owners ot
a majority of the frontage directly abutting on that portion of the street to M 1111peve4,
it was found and declared by said Council that there exist d an immediate necessity for
the creati on ot ''SOUTH BROAD fAY PAVIliG A lD I11PROVEM8NT DIS RIOT NO. 2, ~lGLEWOOD, COLO-
RADO," and the construction thereon of certain looal improvements as described in said
petition; and,
iH.Eii:EAS, the City &l gi.neer of the Ci ty of lmglewood, then and there duly submittet
to aa1 City ouncil reports of surveys, :naps , details, plans and specifications, and es-
timate cost, a 1 in conformity with said petition, aad the same were then and there duly
filed 1th the City vlerk of the City of Englewood; and,
WHEH&', by resolution duly passed and adopted by said City Counoil on the said 1a,h
day of February, A. D. 1924, the report so made and tiled by said City Engineer was adopt
ed; an4 the said report, together with details, apeoifioationa, estimates, maps,.sohedulea
and the kind of material to be used in the construction of said improvements were approved
and adopted by said City Coun cil ae the d etails , plane, specifications and materials to be
uaed in the construction of said local tm provem ente;and the said surveys and maps of said
proposed improvement district to be the aurveye and maps of the district to be thereafter
created; and,
WHERKA, by said resolution adopted as aforesaid the aaid City Counoil determined
the number of instal lments a nd the time in which the cost of said improvements should be
pqab J e, the rate -of i nterest on unpaid installments, the district to be assessed for the
same, the probable total cost of said local i 1Jp rovements, the maximum amount of such total
cost t be assessed upon each lot and parcel of land in said district, and directed the
said City Clerk to publish in lhe Englewood Herald, a newspaper of general circulation in
the City of ~lewood, a notice to owners of the property to be aaaeased, of the kind of
improvements proposed, the number of installment• and the time in which the cost will be
payable, the rate of interest on unpuid and deferred installments, the extent of the dis•
trict to be improved, the probable cost per lot or tract per foot as shown by the estimate
of the Engineer, and the tim~ when an ordinance ordering the construction ot said improve-
ments in said improvement district proposed would be finally considered, and that a map ot
said proposed district, showing the exterior boundaries thereof and the location ot aaf..d
local improvements, and the estimates and schedules ahning the amounts to be aseeee ..
against each lot or tract of lano in said district, and all resolutions and pr~ceedinga of
said City Council relating to said proposed improvement district and the proposed improvements
therein were on file 1n the office of the Cfty Clerk in Englewood, and oould be there seen
and examined bz any person interested during busineae hours on any day ~n· or before a
meeting of the C1Y7 Council to be held on the evening of Maroh 31, A. D. 1924. and that at
said time all complaints and objections that might be made in writing concerning the pro-
poaed improvements by the owner or owners of any real estate to be asse••e•, or any person
or persons interested genorally, ould be heard and determined by the City Council of the
City of Zngl nood, before final action of said Council thereon, and that at said time
to-wit:, Uonday evening, Ltarch 31, A. D. 1924, and after the determination ot all com-
plaints and o)Jections was made, said City Council would take up and consider an ordinance
creating said district and ordering the improvements in said resolution and notice proposed;
and,
WHEREA, the said City Clerk by advertisement tor three conseoutive weeks prior to
to the said 31st day of :.ra rch, A. D. 19 24 , dul,y published in !he .. Ellglewood Herald aad
Enterprise a newspaper of general circulation, in the City of Englewo od, gave notice -in
form and substance of the matters and things above mentioned as having been ordered to be
given, an all respects in accordance with law and the said order; and,
· DEAS, at the s ~id regular adjourned meeting duly held .. aroh 31, A. D. 1924, the
City O unoil duly met to consider suoh objections and protests as might come befor• it
pursuant to aaid notice and resolution theretofore entered and passed; and there being no
obJeotiona to the creation of said improvem e nt district, except as follows:
A protest and petition in writing by v. A. G117 appeared as having been duly filed
with the City Clerk of the City of ~nglewood within the proper and legal time as set by
said preliminar7 Teeolution and notice so given, which said protest, among other things,
protested and objected to any assessment being levied against protestor'e property in said
district oTer and above the sum of 103.74 per twenty-five toot lot frontage by One hundred
twent7-fiTe feet in depth along South Broadway Street, which said amount had theretofore
been given as the eetim ted maximum cost for paving alone, of one certain kind of material
to be used thereon, but .which said amount, according to said notice and the plane and de-
tails duly adopted as reported by the aigineer would be very materially increased on ac-
count, among other things, of an addition to said p~ving cost of the laying of the certain
storm sewer pipes and adjuncts thereto, ~aid v. A. Guy, stated orally to the Council, in
conaidering said protest and duly wrote on the margin of said protest in writing, signing ,
hie-• thereto, an amendment so that if the said City Council would eliminate all costs
for d&i4 proposed storm sewer and leave the total cost upon said South BroadwV frontage at
the stated figure of ·103.74 per twenty-five foot lot frontage by One hundred twenty-five
fe ~t depth, that the other parts of his protest need not be considered or taken aerious]Jr;
and,
HEREiS, the said City OoWlcil after due consideration and by record duly made, ... '1
allo d suoh protest as amended; and,
mEREAS , said City Council by moti on duly made and carried, voted that the further
consideration of said proposed i mprovement district be laid upon the table until at the
discretion of the Council it might be taken up at some future meeting; and,
HEREAS, a the me ting duly and regul arly held April, 14, A. D. 1924, the Counoil
upon motion dul7 made and carried , voted to take up for further conaiteration the matter
of the said proposed 1 .provement district, and by motion duly made and carried, ordered
that sai district be created and that said improvements be put in, all as in the peti-
tions for said i rnprovement s set forth and described;
THEREF EBE Ir ORDAilE D BY THE CITY COUlCIL OF THE CITY OF EN LEWOOD, COLOliDO.
~ECTI 1. That said improvements hereinbefore described and referred to oonaiat-
ing of the paving of outh Broadway with the necessary adJuncts thereto, all as in the
petition for said improvements set forth and described, having been duly ordered after
notice duly given and in the petition, required by law, was presented to said City Council
and that said petition was subscribed by th e r 0quired number of owners, all as required
by law.
ECTIOll 2. That a local improvement district be and the swne is hereby established
and oreated out of that portion of the City of Englewood bounded and described as follows
to-wit:
All of the real estate, lots, lands, parcels and aores, within the following boUD•
dary line,to-wit: Beginning at a point of intereeotion of the center line of the alle7
bet een South Grant Stre 8 t and South Log&n Street with the South boundary line of
Girard Avenue, or where said center line of said alley would so intersect said South
boundary line of Girard Avenue if projected that far South; thence North along said
center line of said al l ey so projected to the north boundary line of Yale Avenue; thence
eat along the •rorth boundt:try line of s aid t ale .Avenue ·to t.he intersection of said
orth line of Yale venue with the center lino of the alley between 3outh Cherokee Street
and 'outh Dela are ~treet, where said center line of said alley projected to said North
line of Yale Avenue; thence ·outh along said ine in the center of said alley between
South Cherokee Street and ·outh elaware Street., so projected, to where said center
line, if projected s outhward would int e reocl the ~outh boundary line of Girartlivenue
projected ·{eetv.ard; thence Saet along said So uth boundary line of Girard Avenue, so pro-
Jecte4 to the point of begi 1ning.
SECT! N 3. That said District shall be t.nown as and the same is hereby designated
"SOUTH B O D iA'i i ~ V LG ;ulD I i.rlO V&l ~'lT DI~Tl-(IGT NO. 2."
SECTIO 4. t the construction of a system of pa ving and the necessary curblng
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and adjuncts for draining and all other necessary adjuncts, as shown by the plans,s,-oi-
fioations and maps thereof prepared by the City Engineer and as duly amended, according I
to said protest ~o allowed and a pp roved by the City Council of said City and now on tile
in the office of said City be and the same is hereby authorized and ordered.
SECT! li 6 . 1hat by virtue of and in pursuance of the aforesaid act of the . Legia•
lative e embly of the 'tate of Colorado approved ,he 9th of April, A; D. 1923, and all
aote and laws now in foroe in aid thereof, looal improvement ~bonds of the City be issued
for the purpose of paying for the local improvements in this ordinance described and
provided to be constructed in said OUTH BHOAD ',-✓AY PAVING AliD IMP ROVEM?BT DISTRICT BO. 2,
E!lfGL OOD, OLOaADO, in an amount not to exceed the whole cost of said improvements
including engineering, inspection, collection and ~ther incidental expenses as in said
la provided, and in no event to exceed the estimates of the coat made by the City Engi-
neer of ~aid City pur uant to the preliminary order ot the City CoWlcil, as adopted
Pebruu.-7 18, 1924, an4 as amended Maroh,31, 1924, to-wit: Sixty-seven Thousand and Forty-
five (167,045.00 ) Dollars with six per cent a dd itional for tho cost of inspection,
collection and incidentals, and interest.
SECTION 6. That said bonds shall be dated ___________ and shall bear the
name of the district improved, shall be ~ayu ble to tho bearer twenty years from and
fter the date thereof, subj ect to call and prior payment, as provided by law, shall be
eubeoribed by the i.Iti.yor, attested by the Clerk of the said City, and the seal of the
City thereunto affixed, and be payable out of moneys oolleoted on account of the assess-
ments made for said improvemen ts. shall bear interest at the rate f 6 1 0 per annum, pa;,-.
able semi-annually, shall have forty coupons thereto .attached, attested by the facsi-
mile signature of the Cle rk evtdencing said interest, shall be in denomination ■ of
60 .oo each and shall be numbered consecutively from one upward. The principal shall
be pqable in the office of the City Treasurer of said City or at the Uerchants and
· tale llational Dank of the City ;nd ~tate of llew York, U. ""• A. at the option of the
holder.
SECTIOll 7. That eaid bonds shall be issued from time to time by the City Treasurer
upon eetimatee and orders of the City Engineer, oountersigned and approved by the U,qor,
but the Uqor and the City Council may use sufficient of said Bonds, at par, for the
payment of engineering and other clerical expenses and coat of inspection, or the aQor
with the approval of the City Council may sell in the maDDAr provided by law auffioen,
ot said bonds, at not lees than par, to pay said expenaea in cash. The City Treasurer •
ahall make and preserve a reoord of all bonds ieaued hereunder in a suitable book kept
~or that purpose.
SECTION a. That said bonds and the coupons thereto attached 81lall be subetantiall7
the following form:
UNITED STATr~ OP AlllERICA.
STAT~ O], COLOHADO
COUUTY OF ARAPAHOE.
CITY Ol!' ~NGLE -J OOD.
SOUTH BROA DWAY PAVUJ G AUD IllPROVEUENT DIST RICT NO. 2.
LOCAL I 1PR OVEl iIB1iT BOND.
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o. t500.
THE CI.,.Y OJ EllGLEWOOD, in the County of Arapahoe, State of Colorado, for
val~• reoeived, aoknowledges itself indebted to and herl'll7 promises to pq to the bearer
hereo.f the awn of
FIJI HUUDRED DOLLARS.
in gold ooin of the Uni ted State of Amerioa of, or equal to, the present standard of
weight and fineness, on the __ _,...,__,,_.,._.,_._1944, eubjeot to oall and p~ent, however
at &217 time prior ther to, as pro-vided in the Act of the General Assembly of . the State of
·01orado hereinafter mentioned, with interest thereon from 4ate hereof until pa,ment at the
R• f per oentum ( ) per annum, payable semi-annually on the first days of June and
ftD•oember in eaoh year, as evidenced by the interest ooupons hereto attaohed, both prin-
cipal and interest payable at the offiwe of the City Treasurer of said City or at the
echanice and ' etala ational Bank in the City and State of New York, u. s. A. at the
option of the holder, up n presentation of this bond or said coupons respectively.
Thia bond is issued for the purpose of paying the ooet of local impro'lementa
in the SOUTH BROAD ,AY PAVING AllD I~PHOVELIENT DISTRICT NO. 2, Englewood, Colorado, by
virtue of and in full oonformity with an act of tho General AasemblJ of the State of
Colorado, entitled: "RELATI .ZG TO LOCAL I1f:PROV.Ei.'!': lTS IIl CITIES A.ND TOWNS", approved April,
9, A. D., 1923, and all acts amendatory thereto or in aid thereof, and an ordinance of
ea1d City duly adopted, a pp roved. published and made a law of said City prior to the
1eeuanoe hereof.
:a:his b und is payable out of the proceeds of a special asseaament levied upon
real eetate situated in said the OUTH BROADYIA.Y PAVIZIG AllD ILl.2iiOVEL1ENT DISTRICT Ho. 2,
L OD, COLORADO, and especially benefited by said improvements, and the amoun~ of
the aeaeaamente so made upon the real estate in said district for the payment hereof with
acorued interest is a lien upon said real estate in the respective amounts apportioned
to 14 real estate and assessed by an ordinance of said City, saiu lien having priorit7
O'fer all other liene exoept other bonds heretofore issued b7 said City and the lien of
ge eral tax~•. and the payment of the principal of and interest on this bond is guaran-
teed b7 aaid City by an Ordinance duly adopted by the City Council of said City b7 two-
thlrd vote; and it is hereby oe ·tified and recited that the total issue of the bonds of
eaid City for ea d. !Ulprovement District, including this bond, does not exceed the eati-
te of the City Engin.eer, th e contract price for ~aid improvement or the amount author-
ized b7 law.
It is hereby oertified. recited and warranted that said City has been for many
7eara paat and is no a body politic and corporate, with the general powers of a corpo-
ration, duly organized, existing and operating as a City under and by virtue of the
Cone litution and g en eral laws of the State of Colorado; and ie now and always hae been
un der th.e control of a · ayor and duly organized City CoW1cil as the duly constituted
corporate authority thereof; and it is further hereby certified and recited that every
.requirement of law relating to the creation of i:aid the SOU~H BROADWAY PAVING AND IM? .
p· ov ~.-DI 'T .ICT o. 2, E GLEv UOD,CJLORADO, the making of said local improvements
and the .is ue of this bond, bas bee11 ful ly co,nplied with by the proper officers and that
all condition.a required to exist and things required to be done precedent to and in the
iesuanoe of this bond to render the same lawful and valid, have happened and have been
pro perly done and performed and did exist in regular and due time, form and manner aa
re uired _by law.
1 • TESTIU lY WHEREOF, the said City of Englewood, by its Uayor and City Council,
has caused this bond to be su bscribed by its ayor and its corporate seal to be impreaa-
ed hereon, at~ested by its City Clerk, and each of the forty interest coupons hereto
anne.xed to be attested by the f ceimile s1 6nature of the Ctt7 Clerk the __ _
TT ST
MAYOB.
(FOrtLl OF COUPON)
o. ----$15.00
ON THE
THE CITY F :~NG~~; I D in Arapahoe County, promises to pay to the bearer out of
the proceeds of a special assess :1ent aga ins t the real eeta te situated in the SOUTH
B. 0 D Y P~V.IYG AND L.L' OVWEH~ DI 'TH ICT UO. 2,. UGLBWOOD, COLORADO, Fifteen Dollars,
in gold coin of the Uni tcd a tea of .: merica of, or equal to, the present standard of
weight and fin•nees. at the Office of t h e City Treasurer in Englewood, Colorado, or at
the · echanio and etale Hational Bank. in the City and :3tate of llew York, u. s. A., at
the opt n of the holder, being six months interest then due on its local improvement
bond issued for the oonstruoti n of local i rJprovements in the SOUTH BROADWAY PAVING AND
, rt O ,~ DI 'T. ICT o. 2, ::1lGLEWOOD , COL CJ:aADO, dated
bearing umber • ---------CITY ct~.
SECTION ~. i he City Clerk is hereby authorized and direoted to have printed
____________ bond of the dano~ination of Five Hundred Dollars each, numbered ooii-
aeoutlvel7 troc ._.,,._....,-. both nwnbers inclusive, and as required to meet the
actual cost of said improvumente, as herein provided, and credit shall be endorsed up-
on the laet bond i ~eued, so that said bond shall represent such fractional pa.rt of Five
Hundred Dollars as rnay be neoeaaary to evidenoe the actual indebtedness incurred on
ace unt o.f s aid 1 lprove.monts, and when said bonds are pre"!)ared to deposit the same with
th ity reaeurer, t o be ia ... ue froU1 time to time as hereintiefore provided.
ECTI ON 1 0 . B7 reason of th e fact that the completion at the eariest possible date
of t he inprov eme n t s d es cribed in and conte:n pl•ted by this ord inance, ts necessary to the
immed i ate preservat ion of the public safety, this ordinance shall takJ effect immediatel7
after it a fi nal passage and p . blicati on as required by law. And shall not be subject to
the refe r endum pr ovi a i Jns of Chapter 97 of the laws passed at the 1 9th Session of the
Genera l e e e mbly of the ~tate of Co lorado .
SEC~ION 1 1 . Thi e ordinan ce, after its passage, shall be recorder in a book kept
for that pu r pose, shall b e authentio ~ted by the signature of the Mayor and City Clerk,
and sha ll be publi s hed in !he Englewood Herald a newspaper published within the limits
of t l e Ci t y f ~n glewood , s hall t a~o effe ct and be in foroo upon the expiration of five
days a fte r it has been a o publi s hed, and shal l be i~repealable Wlti l the indebtedness
herein pr ovided for sh 11 b e paiu in full.
Adop t ed and approved this 5 t-day of Uay, A. D. 1924.
ATTEST:
EA L)
STATE OF COLO . D .
COJHTY OF ARn?AH OE
CI'l'Y OF ~lGLEW OOD .
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I ~rnest 3 . Anderson, City Clerk and ii ecorder of the City of
Engl ew ood, Co unty of rapahoe, ·tate of Colorado. do hereby certify that the above and
fo r egoing Ord i nan ce waa i n troduced and rea d in full, and on resolution was ordered pub-
li s h e d a s a pr oposed r d i n anc e for the City of Engl ewood, Colorado, and same was order-
ed pub l ished a t a Re gular Ueeting of the City Council held on April, 14th A. D. 1924,
held by th e Ci t y Council on s u i d date, and s ame was published in The Englewood Herald a
n ekl y n e wspa per of general c irculation in the City of Englewood, in its issue of April, I
17th 1924. for mo r e than 10 d ays thereafter and at a subsequent Special Call Meeting of
s id i t y Council , held Mq , 6 th • D. 1 92 4. AN Oii DINANC ..; C.rl EATil:IG AN llI?.ROVElilENT
DIST I T I 1:f:. CITY F :; m -,Ew v OD, CU LO: DO, -.o BE ZUO W!l .. s SOUTH Bi10AD 1.'.'AY PAV IilG AND
I ·p u 'l~ lT Dl ..;Ti 'I T ~1 0 . 2 , AND , :H DERi i~G TH .~ CUlJS THUGTI ~N .:UlD LAYI NG ~BDBOJ! 'ED ~~PAVil1181 ... --,, ADUQ
ilD U?uil THA " C~i' IJ STitEE'.r .:~s WN S SO UTH BH OADWAY, AND PROVIDING FO R TH E I St>UJf OF
BOllD OF 1 .. t,; DISTi I 1' I.N PAYJ!W T FOR SAID LOC AL L .lP ii OVEUENTS." was duly passed and ·-~,
adopt ed and publi s hed in The lmglewood Herald, in 1 ts issue of :.r ay, 8th A. D. 1924.
as r equired by t h e Statu t e s of the J tate of Colorado.~:
--~?f~#Z 7 y er.
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