HomeMy WebLinkAbout1982 Ordinance No. 048I
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ORDINANC E N0 . ..2.i__
SEl<IES OF 1%2
BY AU THORITY
CO UN CIL . Dil,L NO. 59
IN'l'HODUC:EU UY <..:OUN<..:11.
MEM BER F I TZ PATRI CK
AN ORDIN AN CE APPROVI NG TH E WHOLE COST OF THE IM PROVE MEN 'J'S MADE
WIT IIIN THE NORT H SECTION IN PAVING DIS'fRIC'r NO. 26 , IN TII E CI'l'Y 01•'
l::NGLEvlOOU , C:OLORAUO; /\l'PHO VING /\NU C:ONFillMING 'I'll !:: /\Pl'OH 'l'I ON MEN'l'
OF SAID COST TO EACl;l LOT OR TRACT OF LAND IN SAID NOR TH SECTION,
ASSESSING ii SHARE 01' S/\ID COS'!' /\GAINS '!' E/\C ll LO'l' OR 'l'R/\C'l' OF L/\N ll
IN THE NOR1'H SE CTION ; PR ESCRIBING THE MANN ER FOR THE CO LLEC1'ION
AND PAYMENT OF SAID ASSES SME NTS: AND DE rLA RING AN EMERGENCY.
WHERE AS, by Ord i nance No. 14, Series of 1979, finally
passed and adopted on April 2, 1979, the City Council has created
Pavi ng Di stric t No. 2~, wi thi n the City of Englewood, for the
pu rpose of con st ructing and installing stre et pavinq, curb, gutter
and sidewalk i mp roveme n ts , together with ne ce ssary inc i dentals, on
certain st reets wi thi n the Ci ty ; and
WHEREAS , the improvemen ts within the South Seetion of
the Distri ct authorized by said Ordinanee h a ve be e n compl eted and
acce pted by the City a nd as se ssm e nts have been levied against
those pr ope rty owners wh o have benefitbd from such improvements,
fo r a po rtion of th e c o st of the project; and
WHEREA S , the improv em ents within the North Section of
th e District have now been comp l eted and accepted by the City and
the whol e cast of s u ch improvem e nts h as b e en det ermined; and
WHERE AS, an assessment roll has been prepared for th e
North Section and a statement showing the total cost of the
imp r o ve ments h a s been duly filed with the City Council; and
WHEREAS, from the s tateme nt made an'd filed with the
Cit y Counci l , it appears that the who l e c o s t of said improve-
me n ts within the Nor th Se<;:tion is the a mou nt of $B1 ,B35.59, of
which amount th e City of Englewood will pay $50,017.37 leav u g
$31 ,818 .2 2 to be assessed again st the real property within the
No rth Sec tion in the Dis trict, sai d amount including costs of
inspection , collect ion and other incidentals and also i nclud i ng
interest as allowed by law; and
WHEREAS, from said statement it also ap p e ars that th e
City Council ha s appor tio ne d a s hare of the whole cost j o ea ch lot
or tract of land within the North S ection in th~ District, in
accordance with the benefits to be derived by said pt'oper.ty and in
the proportions and amounts severally set forth in Ex hib it A
attache d to this Ordinance;
BE IT ORDAINED BY TH E C1 TV COUNCIL OF THE CITY Or'
ENr,LEWOO I), COLOR ADO :
Sect ion 1, Cc n!J r mation of Asse ssment Roll . Th at the
,h ol e cos t a nd appcr tionment of the sa:ne .. li. ,j n the North Sec tion
is he reby approved and confirmed, and said apportionme nt is hereby
de lared to be in ~ccorddnce with the special benefits which the
p opert y in t he North Section in the Di st rict wi ll receiv e by
re a son of t he cons t ruc t io of s aid improvements, and a share o f
said cos t is h ereby asses ~e d to and upon each lot or tract of land
within th e Nor th Section in the Distric t i n the proportions and
amounts as set forth i n the assessment roll, attached here to as
Sxhibit A.
Section 2. Payment of Asse s sments. That the assess-
ments shall be due and payable at the office of the Director of
F inance of the City of Engl e wood, within thirty d ays after
the fina l pub licat io n of this Or din a nc e , without d ema nd ; p r o vid e d
tha t all suc h assessments may, at the election o f the property
owne r, b e p aid in installmen ts , with interest as her einafte r
provided . Failure to pay the whol e asse ssment within said per i o d
of thirty day s s h al l b e conclu sive ly considered and h eld ,in
el ection on the part of all persons interested, whether under
di sabi li ty or ot he rwise, to pay in said installments.
Suc h election shall be concl)lsively . held and
consid ered a s a waiver of a n y right to question the power or
jurisdictio n of th e Ci ty of Englewood to construct the improve-
ments , th e quality of the · work, the regularity or sufficiency of
the proceedings, or the va lidity or the correctne ss qf the as-
sessme nts , or the validity of the lien thereof.
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In the event of such election to p11y in install-
mepts , the asses sme nt s s hall be payable at the ofi\c e of the
County Tr easurer of Arapahoe County", Colorado in ten ( 1 O) equal
annual installments of principal, th~ first of which· installment s
of principal shall be due and payable on or before the 1st day of
Ja nuary, 19B3, and the remainder of said installments shall be due
and payable successively on or before the 1st day of January, in
ea c h year ther eaft e r u ntil ·paid in full, withint erest on the
unpai d principal amount at the rat e of 10.501 per annum, com-
menci ng on the date of publication of this ordinance by title
following final passage and payable each year at the time of
paying inst a llments of assessments.
Section 3 . Penalty f o r De fa ult or Non-Payment. Failure
t o pay any in stallmen t, whether of principa l or interest, when due
s hall cause the whole o f the unpaid principal to become due and
paya b le i mmedi ately, and the whole amount of the unpaid principal
and a c crued interest shal l thereafter draw interest at the rate of
o ne per c entum (1\) per month, or fraction of a month, until the
date o f t ax sale, as provided by law. At an y time prior to the
dat e o f the tax sale, the owner may pay the amount of all unpaid
i nstal l ments with interest at one per centum ( 11) per month , or
fra c tio n of a month, and al l penalti e s accrued and shall thereupon
b e restored to t he right thereafter to pay in installments in
t he same mann er as if default had not been suffered. The owner of
any pr o perty ·not i n default as to any installment or payment may,
at any time, pay the whole of the unpaid principal with accrued
i n te rest to the date of the next assessment in stallm ent payment
date .
Section 4. Discount on Payment of A1cessme nts Pay-
ments may be made t o the Director of Finance at any time within
thirty days af ter the final publication of this Ordinance, and an
allowance of f i ve per centum (51) will be made on all payments
made during such period, but not thereafter. Th~ discount of 5%
s h all apply to all s uch payments, whether the payment is the
en ti re am ount of assessment due, or a p~rt of the assessment.
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Immediately after the expiration of such thirty day period, the
a s~essments shall be certified to the County Treasurer ~f Arapahoe
County, Colorado, for c o llection, as provided by law.
section · 5. Asseaament Lien. All asse s sments l evied
against the real property with i 11 c he North Section in Paving
District No. 26, together with all interest thereon and penft ti es
for default in payment thereof, and all costs in co ll ,,c t 1 n~ tbe
same , s h a ll constitute, from the dat e of the final public~t ion 0 f
this ordinance, a perpetual lien in the several amo unts a s s e s sed
against each lot or tract of land. Such lien shal l have prio r. cy
ov er all other liens except general tax liens, and shall t-.e
e n forced i n accordance with the laws of the State of Co,orado.
If any tract of rea . property include<l wit !l in
th e North Section in the Distri c t 's hereafter divided n r su b-
divi d e d into two or more such t ra c ts or parcels, th e Dir e c-
tor of Finance, with the assistan ct of the Director o f Public
Works, is he reby authorized and d ire .' ~d to divide the assessment
agai nst such tract in the same proportion tha t the tract itself is
sub divided i nto two o r more s uch parcels, and to c e rtify t h e
revised ossessments to the Co unty Treasurer of Arapahoe County,
Co lo rado.
Sec ~ ion 6. Payment of Special AssP.ssment Bonds. The
am ou n t o:. assessments he reir. levied against the property specially
b enefit ed wi thin the Nort ., Section, in the total amount of
$31,81 8 .22 , together witn the procec-:s of the bond issue and not
need ed fo r the construct ion of the il1'provements, if any, and the
amount of the as sessments previously levied against the property
wit h in the So uth Section in the District, will be in an amount
suffici ent for the payment of t ,,e outstanding• bonds ·issued for
Paving District No. 26, dated June 1, 1980, in the principal
amount o $100,600.
Section 7. Severability. That if any one or more
s ections or par~s of this Ord inance shall be adjudged onenforce-
abl e or i nvalid, such judgmen L shall not affect, impair or in-
v alidate t he remaining provisions of this Ordinance, it being the
intention t ha t the variou s provisions hereof a re severable.
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Section 8. Emergency Provision. By reason of the f~ct
that bonds of Faving District No. 26 are now outstanding and that
interest thereon has become du.e and pa yable, fund s mu s t be made
avai lable from assess~ents at the earliest possible date for
paym ent of such interest, and for the immediate preservation of
the public property, health, :,eace and safety, it is hereby
declared that an emergency exists and that this Ordinance shall
t ak e e ffect upon its final passage.
Sect ion 9. Repealer. All ordinances, or parts thereof,
in confli ct herewith are hereby repealed.
Section 10. Hearing. In ac.:cordance with tt,e City
Ch arter and the Municipal Code of the City, the City Council snall
nold a p ublic he aring on this ordinance , before final passage at
7 :30 P.M. o r at such later time on December 6, 1982, as Council
is a b le to hear it in its normal course.
Section 11. Publication and Effec tive Date. This
Or din an ce, after its final passag~, shall be numbered and record-
ed , and the adoption and publication sha ll be authenticated by the
s i g n ature of the Mayor and th•, Director of Finance, ex-officio
City Cl e rk-Treasurer, and by ~:,e Certificate of Publication. This
ordinance shall take ef fe ct immediat e ly upon final passage and
s hall be published within seven days thereof,
Introduced , read in full , and passed o n f ir s t re ading on the
c 5th day of November , 198 2.
Published as a Bill for an Ordi na nce o n t he 17t~ d a y of
Novem ber , 19 q2 ,
Read by title a nd pass~d on fi nal r~adi ng on the 6th d a y
of Decem be r , 1902.
Pu!-lished by title as Ordinance No . .t/f , Series of 1Y82 ,
o n the 8th day of December, 19 8 2.
Attest:
I , Gary R. Higbee , ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify the above and fore-
g o l nq is a true , accurate and complete co py of the Ordinance
passed on fi nal reading and published by t itle as Ord inance
No . .::/.%_, Se ries of 198 2.
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HAM&. ANUAOOliW