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HomeMy WebLinkAbout1993 Ordinance No. 018•• • ORDINANCE NO.I!.... SEJUES OF 1993 BY AUTHORITY COUNCIL BILL NO . 15 INTRODUCED BY COUNCIL MEMBER BULLOCK AN ORDINANCE CREATING SPECIAL IMPROVEMENT DISTRICT NO . 36, IN THE CITY OF ENGLEWOOD, COLORADO; ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB, GUTTER, SIDEWALK, AND STORM DRAINAGE IMPROVEMENTS, TOGETHER WITH NECESSARY INCIDENTALS ; AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT. WHEREAS, the City Council ofEnclowoocl, Colorado punuant to tho Charter, Chapter 2 of Title 11 of the Municipal Code of the City, and tho Ia ... of the State of Colorado, hereby finds and determines that there .. iat a necessity for the creation of Special Improvement District No . 36, in the City (the "Di•trict"), and the construction and installation of atreet paving, curb, gutter, &idewalk , and storm drainage improvements, together with necessary incidentals, within the District: and WHEREAS, all of the legal and registered owners ofpropor1.y with .in the District have entered into an Agreement And Waiver Of Hearing And Notice the·:eof, and have further waived any protest or objection to said District; and WHEREAS, said property ownen have also agreed to assessment of the their portion of the cost of the District improvement& apinst their property with•n the District; and WHEREAS ; the City Council has determined to proceed wil h the c,eation ti the District and the construction of the improvements within the District, as describt d in Resolution No .32, Series of 1993, passed and adopted by the Cit;y Council on March 1, 19a3. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: ~ Creation of the District . That a special improvement district for tile construction an d installation of the improvements hereinafter described, is hereby created and established in accordance with the City Charter, Chapter 2 of Title 11 of tho Municipal Code of the City, and the Laws of the State of Colorado, and !.'1all bt Anown and duignated as "Special Improvement District No. 36 . All proceedings, heretofore taken and adopted in connection with the District are hereby ratified, approved, and confirmed. ~-Enrineerinr Plans and Specifications . That the engin1?er's reports, together with the preliminary details, specifications, estimates of coat, maps, ,'lnd schedules attached or a ppended to said reports, are hereby approved and adopted. Sw.ilm.3-Qj5trjct Boundery. Th e area lo be included within the boundary of the District shall be all of the real property specially benefited within the District, described as follows : On South Platt.e Ri ver Drive Eas t from 602' North of South City Limits lo South City Limits . ~-Pm:rintion of lmPtAYtmcnt.n . The improvement.a to be constructed or inata11ed consist gen<1rally of necesaary gradin11 and Hcavation, 40' wide paviftll with 8" compacted gravel bua couroe and 3" uphaltic concrete surface, concrete walks, curb and gutter, 1torm drainage; topther with appurtenances and incidental ■ on or about approximately one block of roadway, designated as South River Dri,e Ea■L ~-lmpmy•m•ota Authptjgod The construction and installation of the improvements described above in and for the District, and u shown by the plans, specifications, and maps approved and adoptad by City Council, is hereby authori&ed and ordered, the ,.... ial to be uaad In the construction and lnltallation of aai,. improvements to be in accordanc_ with such plans, specifications and maps. ~ Aae•m•o\ g[Coat1. The probable tetal cost of the improvements to be constructed or installed is $88,100. Assessments estimated at $36 ,100.00 shall be assessed against the real property located within the District which is specially benefited by the construction and installation of the improvementa. 11:te approximate amounts to be assesaed against aaid properties on a front.foot, linear foot, or square foot buis shall be as more particularly set forth in Resolution No .32, Series of 1993; aaid unit coats are incorporated h erein by 1peciflc reference. ~-Payment nC Assessments The assessments will be due and payable without demand within a period of thirty (30) days as set forth in the a&&essment ordinance; provided however, that any ;,roperty owner who shall pay the full asseument within Mid period of thirty (30 ) days shall be allowed an allowance of five percent (5%). In the event any owner of rea l property shall fail to pay U,e whole of such assessment against his or her propert y within uid period of time, then the whole coot of the improvement& so assessed against auch property shall be payable 1n ten (10) equal a nnual installments of principal and interest on the unpaid principal amounl The fir st of such installments of principal shall be due and payable at such time as will be set forth in the aue11ment ordinance and the remainder of said installment& shall be du e and payable successively on the ume day in each year thereafter, until all installments are paid in full . The intarell to be paid on unpaid and deferred installments will b,, at a rate established by an assessment ordinance, to be adopted by the City Council t ~ l~;,,r date. ~ t:netiel Imnrnvement Financing. The City shall by resolution allocate s ufficient funds to pay for the installation and construction of the proposed a,Jseasable improvements, subject to full reimbursement by assessment.a against the real property loce.ted within the Di strict and specially benefitted by the improvements. ~ .llawiU. The City Council hereby finds and determines that the improvements propo sed to be constructed and installed will confer a special benefit upon the real property within the Di strict and a general benefit upon the City as a whole . ~..lll -5exerahjJjty. If any one or more sections or parts of this ordinance shall be adjudgf!d unenforceabl e or invalid, such judgment shall not affect, impair or invalidate the remai ning provisions of this Ordinance, it being the in tention that the various provision s hereof are severable. Su1iaD...ll. ~ All ordinances, or parts thereof, inco nsistent or in connict with this Ordinance ar e hereby repealed to th e extent only of such inr.:on aiste ncy or conflict. -2-• • • • Smilm....12 , PubliG1tian and B:lec;tivc Dote Thia Ordinance, after its ftnal puuce, ,hall be numbered and recorded, and the adopl'on and publication ohall be aull,, ,nticated by the signature of the Mayor and tJ,e City Clerk, and by the Certificate of PubHcation. At or about the time of the publication ofthi1 Ordinance, a copy ofthi1 Ordinance shall be provided to the coun\y aueuor and the county trea1urer of Arapahoe County and to the Division of Local Government in the Department of Local Alfaira of the State of Colorado. Thia Ordinance shall be come effective thirty (30) day1 afler publication followin1 final puaqe. Introduced, read in full, and passed on first readin, on the 5th day of April , 1993 . A Public Hearing waa held on April 5, 1993. Published as a Bill for an Ordinance on the 8th day of April, 1993. Read by titl e and passed on final reading on the 19th day of April, 1993. Published by title as Ordinance No .J", Series of 1993, on the 22nd day of April, 1993. ATTEST : ~~£kJ/_~~---- 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 t"f,,COPY of the Ordinance passed on final reading and published by ti tle as Ordinance No . .iJJ, Series of 1993. ~-~-~ Patricia H. Crow -3- •• • • <XKl'ICI. ~TllN aabjld Proposed Specie! April 5, 1993 9b NJ'lATED BY Public Works Department STAFF SOCRCE Charles Esterly, Director of Public Works ISSCE/ACTJON PROPOSED Improvement District No. 36 Staff seeks Council consideration for passage of an Ordinance to form Special Improvement District No. 36 . PREVIOUS CXXl"K1. ACl10N City Council originally included this section of South Platte River Drive East in Paving District 34, 1991. At this time, the Resolution Trust Corporation (RTC) owned~ property adjacent to this street, making the property exempt from public improvement fees . Subsequently, the property was excluded from the District. On March 1, 1993, Council approved II Resolution of Intent "(R~solution #32, 1993) to form Special Improvement District No. 36 .. Since 1956, the City has been imprOlling its streets to meet minimum City Standards through Paving Improvement Districts. During this period, some 29 districts have been completed, improving approximately 99 miles of streets and 43 alleys . The costs of these improvements are borne by both the adjacent property owners, through special assessments levied for work done adjacent to their properties, and the City, through monies budgeted in the PIF for street and elley intersection work, incidentel storm sewer construction , right-of-way acquisition, fence relocations , etc. At the 1983 Budget Retreat. Council approved a ten -year paving district program to bring all streets not included in previous districts, up to City Standards. Proposed paving district streets were presented to Council as an accumulation of recommendations from several area~: requests from citizens, petitions, requests from business or industrial property owners, requests from Counc:11, review of past districts. review of maintenence problems and costs, and physical lnapecti:ins. Prior to Inclusion in the list, streets showing signs of distress were tested for tHckness of uphaltic concrete and basecourse to determine the appropriate action required . Streets not meeting minimum City Standards were proposed for reconstruction and assessment Streets that were found to meet City St.endards were not proposed for paving district :nclusion, but rather , will be included in a City overlay-sealcoat program where nc-assessments are levied . The street f'roposed for inclusion in Special Improvement District No. 36, the 3300 block of S.. Jth Platte River Driv~ East, is a street that h.es not previously been constructed to minimum City Standards , and, from testing results , requires total reconstruction. STAFF ANALYSIS The present property owner of the former RTC property in the 3300 block of South Platte River Drive East desires to have the roadway adjacent to his property included in a Paving improvement District. This section of South l'latte River Drive was originally proposed for inclusion in Paving District No. 34 . it was deleted just prior to the formation of the District because it had gone back to the RTC . and . consequently, was exempt from special improvement district taxes . We are yet to construct the 600 foot section of Platte River Drive north of this property because of earlier conflicts with sanitation sewer line construction within our roadway. That work is presently scheduled for completion this Spring. We would like to incorporate the improvements adjacent to the Massengale development with the contiguous work remaining under our existing contract. We believe that all of these improvements could be completed by mid-summer. Fl'IANOAl.lMPACT It is estimated that $88 ,100 will be needed for the improvements. $40,000 remains available from previous appropriations in the PIF. An additional appropriation of $48 ,000 will be required from the PIF balance to fully fund the project The assessment total for the developers portion of the improvements is estimated to be $36, I 00 . •