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HomeMy WebLinkAbout1924 Ordinance No. 006I I I I BY AUTHORITY. ------------ .Qi 1! l l ! 1! CE !£0. §.. £ E ~ 1 ! ~ ~f 12,2_!. AB ORDIU., CE CREATillG All IUPltOV EI.IBllT DIST.:. ICT IN 'lHE CITY OF ENGLEWOOD, COLORADO, TO BE IalO Wll AS .EllGLEWO v D STOfil.t SEWER DISTRICT no. 1, AliD ORDERING THE CONSTRUCTION AllD LAYING THEREill OF A !.1Alll SEW EH T' u· K LilUJ ALOUG YALE AVENUE AND A TRUlrL LATERAL ALOllG ~OUTH AC STREET WITH CER.1.AIN LATllliALS FROM SOUTH BROAD \'i AY STREET TO SAID SOUTH AC UA STRE~T, AllD .PROVIDI1:G FOR THE ISSUE OF BOUDS OF THE DISTRICT IN PAYlAENT FO • SA.ID LOCAL I .:.1 p ·· OVl ,IWT '. BE IT ORDAIUED BY HJ:-; CITY COUUCIL OF TH~ CITY OF EllGLE.700D, COLORAD01 HEH~S, at regular meeting of the City Council of the City of Englewood, Colorado, held on the 14th day pf pril, A. D. 1~24, pursuant to an act of the General Assembly of the State of Colorado , entitled "Relating to local improvements in cities and tone",. dul7 passed by tho legislature of the State of Colorado on the 9th day of April, A. D. 1923, by resolutions duly passed and adopted, under and by virtue of authority in said Council duly vested, it was found and declared by said Council that there existed an 1 immediate necessity for the creation of the Englewood Storm sewer District No. 1, Englewood, Colorado, and the construction herein of certain local improvements, as de- scribed in said resolutions; and, WHEREAS the City Engineer of the City of Englewood, then and there duly submitted to said City Council reports of surveys, maps details, plans and specifications and esti-atee of oost, al , in conformity with said resolutions, and the same were then and there duly filed with the City Clerk of the City of Englewood; and, WHEREA J by resolutions duly passed and adopted by City Council on the said 14th day of April, A. D. 1924, reports so made and f 1 ed by said City Engineer VJ ere adopted; and the said reports, together with details,specificatione, estimates, maps, schedulaee and the kind of material to be used in the construction of said improvements were approved and dopted by said Council, as the details, plane, specifications and materials to be ueed in the construction of said local improvements; and the said surveys and mape of the said proposed improvement district to be the surveys and maps of the dis- trict thereafter to be created; and, WHEREAS by said r solutions advpted, as aforesaid, the City Council determind the number of installments and the time in which the cost of said loca l improvements should be payable, the rate of inter e st on unpaid installments, the district to be assessed for the same, the probable total cost of said local improvements, the maximum amount of such totul co ute to be assessed upon all the land in said storm sewer district re- spectively in proporti n as the area of each piece of land in the district or in the part i ~.roved is to the area of all the land in the district ey,clusive of public high- ays, and directed the City Cl trk to publish in the Englewood Herald and Enterprise, a newspaper of general circulation in the City of Englewood, a notice to owners of property to be assessed of the kind of improvements proposed, the number of install- ments and the time in which the cost will be payable, the rate of interest on unpaid and deferred installments, the extent of the district to be improved, the probable cost per square foot, as shown by tho estimate of the engineer and the time when an ordinance ordering the construction of said improvement district proposed, would be finally considered and that a map of said proposed district showing the exterior boundary there- of and the location of s id local improvements and the estimates and schedules of the amounts to be assessed against each lot and tract of land in said district, and all resolutions ana proceedings of said City Council relating to said proposed improvement district, and th prop sed improvements therein, all on file in the office of the City Clerk in aiglewood, and cJuld be there seen and exwnined by any person interested,dur- ing business hours, on any day on or before a meeting of the City Council to be held on the evening of ' ay 12, 1924, And that at said time all complaints and objections that mi ht be made in writing concerning tho pro po sed im provements by the owner or owners of any real estate to be asses ~ed of any person or persons :nterested generally, would be heard and determined by the City Council of the City of Englewood, before final action of said Counci 1 thereon, and that at said time to-wit: :.I onday evening, US¥, 12, A. D. 1~24, and after the determination of all complaints and objections was made, said City Council did take up t1.nu consider an ordina ce creating said district and ordering the improvements in a id resolutions and motion proposed; and, WHEHEAS, the said City Clerk by advertisement for three consecutive weeks, prior to the said 12th day of l.Ia y, A. D. 192 1, duly published in the t:nglewood Herald and Enterprise, a new ·paper of general circulation in the said City of Englewood, gave notice in form and substance of the matters and things above mentioned as having been order•d to be given in all respects in accordance with law, and the said order; and, WHEREAS, at the said regular meeting duly held 'iq 12, A. D. 1924, tho said City Council duly cet to consider such objections and protests as might come before it pursuant to said notice and resolutions theretofore entered and passed; and theme being no objections to the creation of suid iJprovement district. THr.l~~FO {E, B~ I 'l' D.::tDAI~ 1-;D BY '.l'li~ Crl.1Y COUNCIL Ob, .(H.c; CITY OF filiGLEV/vOD, C L RADO: 'ECTIOU l, Thut said improvements herein before described and referred to con- sisting of the laying of aaiu main sewer trunk line along said Yale Avenue and said lateral tru.n:: line and laterals a.long South Aco ,.1a Street and ~outh Broadway Street and along the intersecting streets between said South Broadwq and said South Acoma treets with the necessary adjuncts thereto, all as in the said preliminary order for said improYements set forth and described having been duly ordered, after notice duly give as required by law, has been duly ordered by said City Council under the authcrity duly reposed in them, according to law. 'ECTION 2. That a local improvement district be and the same ie hereby eetabliehed and created out of that p rtion of the City of Snglew 0od,bounded and desc r ibed ae follows, to-wit: 11 of the real e state, lots, lands, parcels and acres, exclusive of public high- way, within the fo llow ing b oundary lines,to-wit: Beginning at a centerline of Yale Avenue at the intersection of same with the center line of South Logan .-:=:treet, th ence south along said center line of So uth Logan Street to the westerly or left benl{ of th e City Ditch; thence along said westerly or left bank of the c ty Di tch, southward to the center line of Girard Avenue; thence West a.long the cen- ter line of Gir ~rd llvenue to th center line of Sottth Broadway; thence Borth along said center line of 'outh 3roa.dw ay t o a poi nt 330 f ee t south of the center line of Eastman ,1venue; th ence We st to a point on the cen ter lin of South .. ~coma Street proj ec ted South-I ward; th nee r ( rth al on g u id c enter li1.e of J uth Acom~ Street so projected to the cen- ter line qf .S a ti an v cnu ; thence \'l est along said center line of Eastman Avenue to the cent e r line of tho all ey between So uth Aco ma Streat and South Bannock Stre e t; thence orth a ong said center line o sa id Al l ey be tween South Aoo ma Street and South Bannock treet to th center line of Dar tmo uth Avenue; thence West along to the said center line of Dartmouth Avenue to the center line of Sou th l3annoc,k Street; thence North along said center lino of ~outh Bannocl: ::3 tre et to the center line of Cornell Avenue; thence West on said cent :.r line of Cornell Avenue to c ent e r line of the Alley between South Bannock and outh Chero}:ce ,'tre e ts; thence Horth along said center line of said Alley between 1 South Bannocl: and So uth Chero kee Streets to the center line of Bates Avenue; thence \¥eat on saio center lin o of Bat es venu e to th e ~eu ter line of South Elati Street; thence l orth along said center line of . .:ou'th ]n uti street to the center line of Yale Avenue; thence East al ong said center line of Yale Avenue to the place of beginning. ECTIO 3. nhat the said distri~t shall be known as and the same is hereby sesig- nate as The Englewood Storm -·ewe r District Uo. 1. SEC'i'I O?J 4. That the construction and l~ing of a main sewer trunck line along Yale venue from th e •ast side of BroadWIQ' to its interseotion with Yale Avenue Westward to the outlet at the South latte Hiver; a trWll: lateral from the intersection of South Acoma Street if opened and projected southward and Eastman Avenue north along said South Acoma Street, to said Ya.le Avenue and co nn ecting with said trunk line on Yale Avenue; lateral on each of the followin stre e ts from their re s pectiv intersections with South Broadway to said trunk latera alon said South lcoma Street •o projected and South Acoma Street co nnect ing with said trun : lateral along South Acoma Street, to-wit: Eastman Avenue, DartQouth Avenue, Cornell Av enue, Bates Avenue, and Amherst Avenue; also all necessary intakes, manhole s and connections, as shown by the plans, speoifications and maps thereof, prepared by the City Engineer and approved by the City CoW1cil of said a1t7 and now on file in the office of the City Cl e rk, be and the same is hereby authorized and ordered. EC1IO 6. Th u t by virtu e of and i n pursuance of the aforesaid act of the legis- lative a ssembly of the 'tate of Colorado, u nproved the 9th of April, A. D. 1923, and all acts and las no in force in aid thereof, local improvement bonds of the City be issued for the purpose of paying for the local i mp rovements in this ordinance described and pro- vid e d to be constru cted in s aid EN GL BWOOD ST0RU S~WER DI~THICT llO. 1, ~GLEWOOD, COLORADO, in an amount not to exce 4 the whole coat of suid improvements including engineering, inspection, collection and other incidental expenses as in said law provided, and in no event to exce e d the estimate of t he cost made by the City Engineer of said City pursuant to the pr elim inary order of th e City Council, as adopted April, 14, 1924, to-wit: Thirty-nin e Th ousand Seven Hundred Sixty-five and 337100 Dollars ($3 9,765.5~) with six per cent addit ional for th cost of inspection, collection and incidentals, and interest. SECTI N 6. That said bonds shall be dated _______ and sha ll bear the name of the district improved, shall be payable to the bearer twenty years from and after the date thereof, subject to call and prior payme nt, as provid ~d by law, shall be subscribed by the U~or, attested by the Clerk of t he said City, and the seal of the City there W1to affixed, and be payable out of moneys col l ected on account of the assessments made for said i mp rovement s, shall bear interest at the rate of 6·~o per annum, payable semi- annually, shall have forty coupons thereto attached, attested by the facsimile signature of the clerk evidencing said interest, shall be in denominations of '500.00 each and shall be numbered consecutively from one upward. 'l'he principal shall be payable in the offic e of the 'i ty 1reasurer of sai d City or at the r.recha.nics an :~etals llational Bank of the City and J tate of :;ew York, U.S .A. at the option of th e holader. SECTION G. rhat said bonds shall be i s ·ued from time to time by the ~ity Treasurer upon estimates and orderd of the City Engineer.,. countersigned and approved by the ·.r~or, but the 1:ayor and the t;ity Co W1cil may use sufficient of said Bonds, at p g.r, for the payment of engineering and other clerica l expenses and cost of inspection, or the luqor, I with the approval of the City CoWlcil may sel in the manner provided by law sufficient of said Bonds, at not less than par, to pay said expenses in ca.sh. 'l'he City Treaeurei, shall make and preserve a record of all bonds issued hereunder in a suitable book kept for that pur pose . ECTIOll 8. '.'hat said bonds and the co u.pons thereto attache the follov ·ing form: No. U HTED STATE S F .Al,IERICA, S .'ATE OF COLOitADO COUUTY OP ARAPAHOE CITY OF ENGL~WOOD ZJGLEW UD STO~ .1 SE WER DISTRICT lJO. 1. LOCAL I .1Pi{0Vb:MEN'r BOND. shall be substantially $600.00 I I I I I I THl:i CITY OF .. ~ 1·-·~~·u D, in the County of ~ rapahoe, State of Colorado, for value received, acknowled ge s itself indebted to and hereby promises to puy to the bearer here- of the swn of lc'IV:. HU. ;tr;D D LLA.h~ in gold coin of th e United ·tates of America, or e ual to, th prese:· t st nndard of weight and fineness, on the -----~--=-~-1944, sub ect to call nd paynen t, ho,,over, at w1y time prior thereto, as provided in the aot of the General ,esembly of the ~tat e of C lorado hereinafter mentioned, with interest thereon from date hereof until pay1:1 e11t at the rat e of ____ per centum ( ) per annum, payable semi-annually on the first days of June and December in each year, as evidenced by the interest coupons hereto attached,both principal and interest payable at the o:f:fioe of the City Treasurer of s id City or at the 1.1 eohanios and Metals National Bank in the City and tate of :ew Yorl:, U. s. , , at the opti:..n of the holder, upon presentation of this bond or said a upons respectively. Tis bond is issued for the purpose of puying the cost of looal improvements in the :UGL -.,O D ST i .5Ei"/ER DIS'l'.1. I CT uo.1, Englewood, Colorado, by virtue of and in full oonformity with an act of the General Assembly of the State of Colorado, entitled: "RELATI G T L Ci L IlJ.L' ov 1' '•'HT S If Cl'i'I~S Am '.rOVNS", approved April, 9, A. D •• 1923, and all acts a m"nda.to ry thereto or in aid thereof, and an ordinance of said City duly adopted, approved, published and made a law of said City prior to . the issuance hereof. Thie bond is payable out of the proceeds of a special assessment levied upon real estate ei tuated in said the fill GLE '/lJO D STO ~SW~ •• DISTRICT iW. 1, Englewood, Colorado, and especially benefited by said irriprovements, and the amount of the assessments so made upon the real estate in said d i strict for the payment hereof with accrued inter- est is a lein upon s id .real estate in the re .pective amounts apportioned to said real estate and assess ed by an orciinance of .,u id City, s id lein having priority over all other liens except other bonds heretofcre issued by said City and the lien of general taxes, and th payment of the principal of and interest on this bond is guaranteed by said City by an ordinance duly adopted by the City Council of said City by two-thirds vote; and it i1; hereby certified and recited that the total issu ,, of the bonds of said ity for said Impr ovement istrict, including this bond, does n o t exceed the estimate of the City ..mgineer, the co~tract price for said irJprovement or the amount authorized by law. It is hereb · certified, r ecited and v,arranted that said City has been for many yeura past and is now a bod y po itic and corporate, with the general powers of a cor- poration, duly orgw1ized , exi ... ·ting w1d operating as a city under '1 11d by virtue of the Constitution and general laws of th e Jtate of Colorado; and is now and always has been under the control of a :.l a, or and duly organized City Council as the duly constituted cor.ora.te at ority thereof; and it is further hereby certified and recited that every requirer: ent of la.VI re la.ting to the crea.t . on of the said the ~mLEWOOD STOl LI SEWER DIS- RICT O. 1, : GL~ · O D, G ~~-DO, th e ma ,:ing of sai i local 1::nprovements and the issue of this bc1:i, has been fully co mplie d with by the proper officers, and th,t all oon- ditiona re quired to exist and thi ng s r equ ired to be done precedent to ani in the is- suance of th.: ·:iond to render the same lawful and valid, have happened and have been prop e rly done and erfo ne d and did exist in r eg lar and due tirne, form and manner as re quired by law. I l '.PE' L .u·JY Ji:fEiiBlY', the said ity of Englew od, by its ~.I ayor and City Council, has caused this bond to be subscribed by its :r ayor and its corporate seal to be im- pres ed hereon, attested by its City Clerk, and each of the forty i n terest co11pona hereto annex e d to be attested by th e facsimile signature of the City Clerk t he ---------------- lerk. ----------------!~or. ( Eorm of Cou p on) o. ----$ ____ _ Oll TH!;, J. CI Y ? "!GL~ vO D in rap hoc County, Colorado, pr01 nis•s to pay to the bearer out of th e proceeds of a special assessnent against the real estate situated in the 7 GL.'.!.l/O ·n s 'y''.,E."-t Dh,;,:·rcT , • 1, ··:lG:U~WvlJ D, C LOHADO , Dollars, in gold coi1 of th e United 'tates of 1\merica of, or equal to, the present standard of weight and fin ne s s , at the Of i e; of The City Treasurer in .11 glewood. Colorad , or at t e ;:echa11 ics and .Iet als ationa.l Bank, in the City and State of New Yor_, • ·• A., at the op t ion of the holder, being six months interest then due on its local im p rovement b nd is ued for the construction of local improvements in the E.NGLB - ST !\ •. 'E'I'~ r ·i.\I'.1 • 1, EllGLE " D, CO LOiADO , dated b aring nu: 1t er -----· City Clerk. ~CTi u • The 'ity Clerlc is hereby authorized and directed to have printed bond of the denomination of Five Hundred Dollars each, numbered con- secutively from ....... ------,e----,,------both nur.1bers inclusive, and as re -~uired to mee t the actual cost o.f said L1p rovements as herein provided, and credit shall be endorsed upon the l st b nd issued, so that said bond shall represent such fractional pa.rt of .rive Hund re d :)ollars as r:i y b e nece ssary to evidence the actual indebtedness incurred on account of aid i1.1 .r v e. ents, and when said bonds are prepared to deposit tho same with the City teasurer, to be issued fro1:1 time to time as hereinbefore pro- vided. 'ECiI · 1 0 . By reason of the f a ct that the completion at the earliest possible date of tho i ::1 provernents des c ribed in and contemplated by this ordinance, is necessary to the i mm ediat e p r ese rv tion f the public safety, this ordinance shall take effect _ immediat ely after its final passage and pub lication as r e quired by law. And shall ·not be subject to the r eferendwn provisions of Chapter 97 of the laws passed at the 19th ession of th e Gene ral ~s embly of the ~tate of Colorado. SEC IO [ 11, 1his ordinW1ce, aft e r i t s passage, shall be recorded in a book kept for that pur pos e, shall be authenticated by the signature of the 11 ayor and City Clerk and shall b e pu bl ished in he Englewood Herald and Enterprise, a newspaper published within th e limit s of the City of Englewood, shall take effect and be in force upon the expirati n of five days aft e r it has been so published and shall be irrepealable until the indebtedness herein provided for shall be paid in full. Adopted and approved this fl S d day of.., hfoe A. D. 1924. A.1:1 E T: UF v v F OF---;, ) ) ·/ ) • I ...;r1 ec-t ~-_ der :.;o n , ':ity Clerl: and r eco rder of the City of ;::._ d , C 1 , ::r f .' r p a , .~t ut<' f Col 1~0.t1 0 , do h r eby ce i:tify that the above u.nd r eg rd ' 1!ru1 c r;ai..; introduce 1 d r e a d in ful , and on res o ution was order- ed pu i •· .. ~d as a pr opose d ur inn.nee f o r , City of ~-:nglewo o d , C lo rad o, and sarne via · vrc.l e r e d p b. ishcc.1 t a Hc~u :r :.It..:c t i n c o f the City ,ot m c il hel d on I.f ay, 12th A .D. I I 1 _4 . h ld " t h i ·:/ 'oui e ll on s aid te , and same wa ... publi sh ed t.n The Eng lewood I Her ald d Z.ter ~r i·e a we ekl new s pap0 r of g neral circul ~tion in the Ci ty of "1glew ... d, i its i -ue of .. : y lhth 1924 . for r.o re than 10 clays th e reaft e r and at . a su e! t 1 · j , · 1 a .-:e lar .r ectin ~ o f sai d City Council, he ld J une 23rd A. D. 1~·4 , 'AU •• : L ~P;"O ' :~~.C ST J L Y1..I C'.r I J '.;.'H--: CITY J ? ~I GL EV10 GD,C OLO - . '" D n : ... ,, p o':. r -•t ;,·,1 ,•n TJO t °I rn O"')D l.'T-'I l '' T 11i:.i C·' rs T 1_;,uct -.i •.J.J. -·-·· J... .... _,1_ --..... J.. ........ !\ -'•"" ·" .l D V .i ... .. r:, •• I .... ,.,,, ,··u r·· 1-· TT' ~L j G 'J T 'c' r.·.,·,,·ru :,, i\l'TD A n o u •n,r LAT! • -.i. vu\/,c.,_ l -"~ _u .h .• .1. .. .;.J...:; ~l.v ...... ~ ...... .1.1 .l.;. ,U.l>- 1'.'I"lH '.;:, •. i' .I { LA.1.::;: LS T 1./.I ,' U'l'H Brt v ADVfA Y dTHE~1r TO ·>;i VIDrJG F O: THE IS 'U:b; OP B u; ' O:b' rH~~ DIST~ [CT IN PAY- • .,.J I : >"":.,.ov ·, -~-'.i' '. " ,·.:as duly passed and adopt e d and published in the "glewood He rald md 2 t 1_•r.ri , i n its is ~ie of J u ne , 26 t h 1~. D. 1924 . as re quired the tat ut of t' .:t ~ o f Colo rado .