HomeMy WebLinkAbout1987 Ordinance No. 021I
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ORDINANCE NO. _d__
SERIES OF 1987
BY AUTHORITY
COUNCIL BILL ~O. 25
INTRODUCED BY COUNCIL
MEMBER 'lOBEJ0J\
AN ORDINANCP. CREATING PAVING DISTRICT NO. 32
IN THE C !TY OF ENGLEWOOD, COLORADO, ORDERING
THE CONSTRUCTION AND INSTALLATION OF STREET
PAVING, CURCI AND GUTTER AND SIDEWALK IMPROVE-
MENTS, TOGE'fHf:R WITH l'H:CESSARY INCIDENTALS;
PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT
FOR SAID IMPROVEMENTS; AND SETTING FORTH OTHER
DETAILS IN CONNECTION WITH THE DISTRICT.
WHEREA S , the City Coun c il of Enqlewoorl, Colorado,
pursuant t o the Charter and Title 11, Chapter 2 of the Municipal
<'n d e of the City, an ct ~he Laws of th e State of Col o rado, hereby
I t nds and det e nn i nes that the re exists a necessity for the
i:r:cdt i o n c.J Paving District No. 32, in the City, dnd the
co ns truc t ion and installatio11 therein of street paving, c urb and
qu t t e r. and sidewalk improvements, together with ne cessary
in c id e ntals, on certain streets in th e City; and
WHEREAS, notic e of a puhlic hearing concerninq the
cr ea tion o f the District and the construction and installation of
the impro vements ther e in has been publishen once a week for thre e
eo n sec11tive W"eeks in the Enqlewood Sentinel, a newspaper of
f)e ne rat circulation in the City, anrl in addition, a notice has
h een mailel:J pos t a()c pr e pa id, to e .J c h kn own own e r o f real property
within the proposed Distri ct ; and
WHEReAs, at the time 3nd place set forth in the notice,
the City Council met in open session for the purpose of hear in()
any o bjections or protests thAt mi(Jht be made aqainst the proposed
dist r ict or the improvements to be constructed or installed; and
WlieReAS, all objecti,,ns and prnt.,$ts having been duly
hearct and <'"> side red, the City Council has determined to proceed
with the creation of the District and the construction of the
improvements on thos~ streets d~scribed in the Resolution of
Intention passen and adopted on February 2, 1987;
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BE IT ORDAINED BY THE CITY COUNC I I. OF THE CITY OF
ENr.LEWOOD , COLORADO:
Sect ion l. Creation of the District. That a special
installation or improvement district for the construction,
improvement of the improvements hereinafter described, is hereby
cre at e d .1nd est1'blished in accordance with the Charter and Title
I I, Chapt e r of the Municipal Code of the City , and the Laws of
the State of Colora,1o , and shall be known and designated as
11 Pavin<1 Distr .c t No. 32 11
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All proceedings heretofore taken ancl
adoptecl in :annection with the Dist r i ct are hereby ratified,
approved and co nfirmed.
That Section 2, f.nqineerinq Plans a nd Specifications.
the c n11ineer 1 s r e ports, together with the preliminary details,
:;pncifications , estimates of cost, map s and schedules thereto
.-,ttach e d or appended, are hereby appr ov ed a nd adopted .
Section 3. District Boundary. The extent of the
District to b~ ass es sed for th e cost of the improvements and the
arPa to be included within the boundary of the District, shall be
all th e r eal property s peci ally· b~nefited, and fronting or
abutting on the streets and rtvenues between the termini described
below, including the real property within one-half (l/2) block of
such streets and avenues. Adjustments for the assessme nt of costs
will be made for irregular and ocld -shaped lots and parcels of
p r opcrty.
Section 4. Description of Improvements, Th e kind o f
irnp rovements and the streets a nd avenues on which such
improvements shall be constructed or installed, shall be as
follow s:
ti Necessary gradinq and excavation, paving with 6"
compacted gravel base course and 2" asphaltic
concrete surface, concrete walks, curb and gutter
where not already ,nstalled or not meeting City
standards: toycther with appurtenances and
incidentals on the following streets and avenues:
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· ~ :::·~nt '...;:-_.
s . C,r.1 1~r. sr-.. n0 1-: . ;.:_:i;--::-.'.,~11 :'•: ;-~.
:1•1 s. Cl.1 :.·t:.so:, St .
l • :'.-: :: ~ ~r.:-: :,:.,, 1.
.;,1..1' !i. ?. ::.r:--.;.,.!L'n ;.::t:.
30,1 ' '.·i .S . C!.".~~~.;r-: 3t. c-~-~ n·_;oa ;\v 1:.
:1,__. E . .-'i:-.h~r:;r. ,\•/c .
nc t. :l1nr;fi~ld :\v.~.
S . Lincoln St .
s . \·i1 s~iri0r.o n Si:.
2 )
s
s
Remov ;tl and replacement of concrete curb and gutter where not all-e,1dy
in s t.ti l ed or not meeting City standard s. From Lin coln to Lo 9an, r e11 ,0·1e
and r l'p1.1cc wa l k where nol. already installed or not me eli n9 City
st.111d,1rd s. From Washington to Clar kso n, con s truct 2' 1·1,1l k lo accon•modate
tree s . (lhi ,; part of the improve men t s 1·1ill be assessed .) 2" asp haltic
concrete ovl'r l Jy 1-iill tc constn:clec.J in connect i on Hilh tt :0 pn1jecl but
wi ll not be assessed.
On Fro.i To
1/7. E . Yale :\'Je. \·/. line s . Linc oln St. E. l i r.e s . Lc;;an St.
1/7. E, Ya le ,\V i!. ...,, line S, \·ash i. n<Jton S t , w, line s . D'.)-...ninq St,
3) 7." asphaltic concrete overlay along with removal and replacement of _
co ncrete c urb and gutt er whe e not already installed or not meeting City
s tandards . From Broad,iay to Lin col n, remove and replace walk •1here not
already in s talled or not meeting City standards. From Logan to
Was hi ngto n , remove and replace where not already installed or not meeting
City sta ndards 2' walk to accommodate trees except that existing 30" 1-,alk
in satisfactory condition to remain; togethe r with appurtenances and
incid ental s on the following avenues.
en To
S 1/2 E. Yale Ave .
S 1/2 E. Yale Ave.
E. line S. Broadway
E. lines. Logan Sc.
w. 1 ine S . Lincoln St. 1,. lines. \·ashin;;ton St.
On
4) 3" asphaltic concr e te ove r :.ay , alo ng with removal
and replacem en t of concr et e curb, gutter, a nd walk
wh ere not al r eady install e d or not me -,t ing City
stanc:)ards; tog et he r with appurtenances a1d
incidentais on t he fo ll ow in g avenues:
f'ran To
S 1/2 w. Yal e Ave . W. 1 ine S. Droad•,,ay E, line S, Ela ti St.
No p a rt of th e cost of that portion of Yale Avenue which is within
the City and County of Denver will b e as sessed against the real
property within the City of Englewood.
Sec c ion 5 . ImoL wcment s Autho rized . The construction
o::-installation of the stre e t pavinq, curb and ()utter and sidewalk
improvements in and for the District, as shown by the plans,
specifications and ma;,s there of, approved by the City Council of
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the City, is her-eby authodzerl and ordered, the matedal to be
used in the co11struction of said improvements to be in accordance
with such maps, plans and specifications.
Section 6. /\ssessment of Costs, The probable tot a 1
1.._·ost of th e
$74),000: it
improvements to
is proposed that
be constructed o installed
the City of Englewood will
is
pay
,1 1>proximate ly $157,500. The balance of th e totnl cost which is
not paid by the City of Fnqlewood will be assessed against the
property within the District a nd spec ially benefited by the
construe ti.on and installation of th e improvements. The
•"f'IProxi •n.Jte s hare of the tot.al cos t to b e assessed per fr o nt f oo t
1 l ~e as mo r e pa rti c ularly set forth in the resolution passed
,.lopterl on f ebruar-y 2, 1987, and which is incorpor-ated herein
hy specific reference.
Section 7, Payment of Assessments, The assessments
will be clue and payable without demand within the pedod of time
set forth in the asscssinq ordinance. In the event any owner o f
real estate shall fail to pay the whole of s ucl1 asses5111ent against
his or her property within said period of time , then the whole
cost of the improvements so assessed against such property shall
be payable in ten (10) equal annual installme nts of principal with
interest on the unpaid principal amount. Th~ first of such
installments of pr 1ncipal shall be due and payable at such time as
will be determined in the assessr::ent otdinance and the remainder
of said installments shall be due and payable successively on the
same day in each year thereafter, until ail are paid in full. The
interest to be paid on unpaid and deferrerl installments will be at
a rate not exceedinq 121 per annum, as shall later be established
hy ordinance to be adopted by the City Council at a later date.
Section 8. Special Improvement Bonds. By virtue of and
pursuant to said laws and the Charter and Title JI, Chapter 2 of
the Mun ic i pal Code of the City, local improvement bonds of. ~he
City sha 11 be issued for the purpose of paying for the local
improvements described in this Ordinance, in an amount not to
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exceed the cost and e xpenses of said improvements, including
e n gi neeri n g, legal and incidental expenses, a s provided by law.
The b o nd s sha ll be issued based upon est imat es approved by t~e
City Co uncil, and as authorized by a n Ordinance to be passed b y
the City Council at a l a t e r date. Th e ma ximul"\ rate of interest on
snec i :d improv e ment bond s f or Paving Dist r i ct Nr:,. 32, shall no t
cxcP~d twelve { 12) p e r ce nt p e r a nnum. Th e bo nd :. a nd the interest
th e reon shr1ll be payable o ut o f speci a l asses s •ri c nt.s to he levi ed
aga inst the real property inc lu ded with in the District and
specia ll y b e nefited by th e im1,rov e ,n e nt s to h e constru c ted or
i nst a \ led,
Ge n era l Ile nefi ts, The City Co uncil h ereby SP.ction 9,
fi nds a nd determines that the improvem e nt s proposed t o b e
.c,,nstructed anrl in s t a lled will confer a speci al ben efit upo n the
property within the District anrl a general benefit upon the Ci ty
as a wh o le.
Se v erability. That if any one or more
of this Ordin a .,ce shall be adjudg e d
s ec tions
Section 10,
or parts
unenforceable or invalid, such . judgment shall not affect, impair
o r invalidate the remaining provisions of this Ordinance, it being
the intention that the various provisions hereof are severable.
Section 11. Repealer, All ordinances, or parts
thereof, in conflict herewith are hereby repeale,', ·
Section 12, Hearing, In accordance with the City
Chartu r and the Mun i cipal Code of the City, the City Council shall
h old a public hearing on this ordinance, before final passage, at
7:30 P,t1, o n Monday, April 6, 1987,
Section 13, Publication and Effective Date. Th is
Ordi nance, after its fin a l pa ssag•·, shell be nlll'lbe red and
reco rd ed , an~ the adoption and publi~ation shall be authenticated
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by th -• signature of the Mayor and the City Clerk, and by the
Certificate of Publication . This ordinance shall become
effect ive thirty (30) dyas after publication following final
pu s~nqe.
Introduced, read in full, and passed on first reading on the
2 1;1 h day of Murch, 1987.
Publi shed as a Bill for an Ordinance on the 18th day of
1-1.,r r.h, 19 8 7.
Heat! by t itle , amended, a nd pa ssed as amend ed on the 6th day
of /\p ril , 1 9 87.
Publi s hed in full as amended on the 8th day of April, 1987 .
Re ad by title and passed on final re .:i ding 0 11 t he 2Cth d ay of
llpril, 1987.
Published by title as Ordinance No.;1/, Se ri es of 198 7 , on
th,· 22 nd day of April, 1987.
/\ttest:
i',1 tr ic ia II. Crow, City Clerk
I, Patricia H. Crow, City Clerk of the City of Englewood,
Co lorado, hereby certify that th e above a nd foregoing is a true
r.op y of the Ordin.:ince passed on final rea~'ng a nd published by
Litl e as Ordinance No •. ~, Series of 1987.
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