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Home My WebLink About1988 Ordinance No. 036I I ORDINANCE NO. .j3 h SERIES OF 1988 BY AUTHORITY COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE CREATING PAVING DISTRICT NO. 33 IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INST,\LLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVE- MENTS, TOGETHER WITH NECESSARY INCIDENTALS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVEMENTS; AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT. WHEREAS, the City Council of Englewood, Colorado, pursuant to the Charter and Title 11, Chapter 2 of the Municipal Code of the City, and the Laws of the State of Colorado, hereby finds and determines that there exists a necessity for the creation of Paving District No. 33, in the City, and the construction and installation therein of street paving, curb and gutter and sidewalk improvements, together with necessary incidentals, on certain streets in the City; and WHEREAS, notice of a public hearing concerning the creation of the District and the construction and installation of the improvements therein has been published once a week for three consecutive weeks in the Englewood Sentinel, a newspaper of general circulation in the City, and in addition, a notice has been mailed, postage prepaid, to each known owner of real property within the proposed District; and WHEREAS, at the time and place set forth in the notice, the City Council met in open session for the purpose of hearing any objections or protests that might be made against the proposed district or the improvements to ~e constructed or installed; and WHEREAS, all objections and protests having been duly heard and considered, the City Council has determined to deletes. Delaware St., s. Emerson St., w. Kenyon Ave. ar.d s. Shoshone st. from the list of s ·•.reets to be improved, and to p:coceed with the creation of the District and the construction of the improvements -1 - on the remaining streets described in Resolution No. 60, Series of 1988, passed and adopted on September 19, 1988; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Creation of the District. That a special improvement district for the construction, installation or I improvement of the improvements hereinafter described, is hereby created and established in accordance with the Charter and Title 11, Chapter 2 of the Municipal Code of the City, and the Laws of the State of Colorado, and ahall be known and designated as "Paving District No. 33". All proceedings heretofore taken and adopted in connection with the District are hereby ratified, approved and confirmed. Section 2. Engineering Plans and Specifications. That the engineer's reports, together with the preliminary details, specifications, estimates of cost, maps and schedules thereto attached or appended, are hereby approved and adopted. Section 3. District Bounrlary. The extent of the District to be assessed for the cost of the improvements and the area to be included within the boundary of the District, shall be all the r~al property specially benefited, and fronting or abutting on the streets and avenues between the termini described below, including th.~ · .. ·.~ ..,.onerty within one-half (1/2) block of such streets and av;;•;, , , ustments for the assessment of costs will be made for irregul . .-._ and odd-shaped lots and parcels of property. Section 4. Description of Improvements. improvements and the streets and avenues on improvements shall be c ·onstructed or installed, follows: The kind of which such shall be as 1) Necessary grading and excavation, paving with 6" compacted gravel base course and 2" I asphaltic concrete surface, concrete walks, curb and gutter where not already installed or not meeting City standards; together with appurtenances and incidentals, including the relocation of certain utility poles on w. Hillside Ave. and W. .'\al tic Pl., on the following streets and avenues: -2 - I I On lol . Baltic Pl . s . Bannock St. lol . Hillside Ave . lol . Jefferson Ave. E . Ke nyon Ave . s . Lincoln St.. On lol . Baker Ave. lol . Caspian Pl. S . Galapago St. (30' width) lol. Wesley Ave. lol . s. lol . lol . E . N. 2) From To line of S . Tejon St . E. line of s. Vallejo St. line of Highway 285 N. l i ne of \ol . Oxford Ave . line of s. Tejon St . E. line of s. Zuni St. line of s. Broadway lol . line of s. Acoma St . line of s . Broadway lol. line of s . Sherman St . end of the cul-de-sac N. line of E . Mansfield Ave . in the 3600 block of s. Lincoln St . Sout h Necessary grading and excavation, paving with 8 11 compacted gravel base course and 3 11 asphaltic concrete surface, concrete walks, curb and gutter where not already installed or not meeting City standards; together with appurtenances and incidentals on the following streets and avenues: From W. line of S. Raritan St. W. line of S. Raritan St . S . line of W. Bates Ave . Center line of Pecos St. To ·;:. ~.:i.ne of S . Tejon St. E . line of S. Tejon St . N. line of W. Cornell Ave. E. line of S . Tejon St., excluding intersection at S. Raritan St. Section 5. Improvements Authorized. The construction or installation of the street paving, curb and gutter and sidewalk improvements in and for the District, on the Streets and Avenues set forth above, and as shown by the plans, specifications and maps thereof, approved by the City Council of the City, is hereby authorized and ordered, the material to be us~d in the construction o f said improvements to be in accordance with such maps, plans and specifications. Section 6. Assessment of Costs. The probable total cost of the improvements to be constructed or installed is $1,098,600; it ls proposed that the City of Engle wood will pay approximately $396,150. The balance of the total cost which is not paid by the City of Englewood will be assessed against the real property within the District and specially benefited by the construction and installation of the improvements . The approximate share of the total cost to be assessed per ~ront foot -3 - shall be as more particularly set forth in Resolution No. 60, series of 1988; such unit cost is incorporated herein by specific reference. Section 7. Payment of Assefalsments. The assessments will be due and payable without demand within the period of time set forth in the assessment ordinance. In the event any owner of I real estate shall fail to pay the whole of such assessment 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 installments of principal with interest on the unpaid principal amount. The first of such installments of principal shall be due and payable at such time as will be set forth in the assessment ordinance and the remainder of said installments shall be due and payable successively on the same day in each year thereafter, until all installments are paid in full. The interest to be paid on unpaid and deferred installments will be at a rate not exceeding 12% per annum, a s shall be established by ordinance to be adopted by the City Council at a later date. Section 8. Special Improvement Bonds. pursuant to the Charter and Title 11, Chapter 2 Code of the City, and Laws of the State of By • ,.rtue of and of che Municipal Colorado, local improvement bonds of the City shall be issued for the puri'.)ose of paying for the local improvements desc.dbed in this Ordinance, in an amount not to exceed the cost and expenses of said improvements, including engineering and bond issuance costs, as provided by law. The bonds shall be issued based upon estimates approved by the City Council, and as authorized by an Ordinance to be passed by the City Council at a later date. The maximum rate of interest on special improvement bonds for Paving District No. 33, shall not exceed twelve (12) per cent per am,um. The bonds and the interest thereon shall be payable out c.f special assessments to be levied against the real property included within the District and specially benefited by the improvements to be constructed or installed. -4 - I I I Section 9. General Benefits. The City Council hereby finds and rietermines that t .he improvements proposed to be constructed and installed will c,::mfer a special benefit upon the real property within the District and a general benefit upon the City as a whole. sections Section 10. or parts Severability. That if any one or more of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordina·nee , it being the intention that the various provisions hereof are severable. Section 11. Repealer. All ordinances, or parts thereof, in conflict herewith are hereby repealed. Section 12. Publication and Effective Date. This Ordinance, after its final passage, shall be numbered and recorded, and the adoption and publication shall be authenticated -5 - by the signature of th~, Ma:tor and the City Clerk, and by the Certificate of Publication. This c,rdinance shall become effective thirty (JO) days after publ i cation following final passage. November 1988. Introduced, 7, 1988. Published Read by November 21, 1988. read .ln full, and passed on first reading on as a Bil1 fo:r; an Ordinance on November 9, title and p ,3ssed on final reading on Published by title as Ordinance No. .j>t_, , Series of 1988, on November 23, 1988. (S E A L) <7 ATTESTED: Patricia H. Crow, City Clerk I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on fi,,al reading on November 21, 1988, and published by title as Ordinance No."-~, Seri es of 1988, on November 23, 1988. Patricia H. Crow, City Clerk -6 - I I