The URL can be used to link to this page

Home My WebLink About1993 Ordinance No. 021• • ORDINANCE NO _,l,./ SERIES OF 1.993 BY AUTHORITY COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER WAGGONER 10 b AN ORDINANCE CREATING SPECIAL IMPROVEMENT DISTRICT NO. 37, IN THE CITY OF ENGLEWOOD , COLORADO ; ORI'~\UN G THE CO NSTRUCTION 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 of Englewood, Colorado punuant to the Charter, Chapter 2 of Title 11 of the Municipal Code of the City, and the laws of the Statr. ofColoredo, hereby finds and determines that there exist a necessity for the creation of Special Improvement District No . 37, in the City (the "District"), and the construction and installation of street paving, curb, gutter, sidewalk, and storm dra.inage improvements, togethe1· with necessary incidentals, within the District; and WHEREAS, the City Council has determined to proceed with the creation of the District and the co nstm ction of the improvement. within the District, as described in Resolution No. 34, Series of J 993, passed and adopted by the City Council on March 15, 1993. NOW, THEREFORE, BE IT ORDAJNED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : ~ CrPAHon pf the Piat:rict That a special improvement district for the constru ction and installation of the improvement. hereinafter described, is hereby created and established in accordance with the City Chart..-, Chapter 2 of Title 11 of the Municipal Code of th e City, and the Laws of the State of Colorado, and shall be known and designated as "Special Improvement District No . 37 . All proceeding>, heretofore taken ar,i adopted in connection with the District are hereby ratified, approved, and confirmed. ~. Engjoeetinr Plan, and Sncrificatian:s -That the engineer's reports, together wi ll, the preliminary details , specifications , estimates of cost, maps, and schedules attached or ap~·en ded to said reports, are hereby approved and adopted. &rt.iwl..3 . Djstrjct Boundary. The area to be included within the boundary of the District shall he all .of the re,.! property s pecially ben efited within the District, described a s follow s : On West Yale Avenue From the West line of South Tejon Street to the East line of South Zuni StreeL · ~-llul:Iimino pf Jmprgycmeo'-1 -The improvement.a to be con structed or inst.ailed • con sist generally of neceuary cradi ,( and ucavation, 40' wi de paving with 8" compacted gra,·el base course and 3• uphaltic concrete surface, concrete walk s, curb and ptter, atonn dninage.; together with appurtenances and iu cidentals on or about approximately the 2000.2300 blocks of West Yale Avenue . ~-lmnravements Authorized -The construction ant. insta11ation of the improvt:.ments described above in and for the District, and as sbown by the plan s, specifications, and maps approved and adopted by City Counc il, is hereby authorized and ordered, the material to be used in Iha construction and installation of said improvement.a to be in accordance with such plans, specifications and meps. ~ A••••:uoeot gfCgru. The probable totai cost of the improvement.a to be constructed or installed is $357,000. Assessment& estimated at $128,000 shall be usessed against the real property located within the District which is specially benefited by the construction and inatal.lation of the improvement.a. Tbe approximate amount.a to be assessed against said properties on a front foot, linear foot, or square foot bui1 shall be II more partic:ularly set forth in Resolution No.S4, Series of 1993; iaid unit coats are incorporated herein by specific reference. Suwm.,1. Payment a[ Asvssments The assessments will be due and payable without demand within a period of thirty (30) days as set forth in the assessment onlinance; provided however, that any property owner who shall pay the full aaseaament within said period of thirty (3 0) days shall be allowed an allowance of five percent (5'll,). In the event any owner of real property shall fail to pay the whole of such UIOSlfflent against his or her property within st'id period of time, then the whole cost of the improvement.a so aaseaaed against such prop•:-ty shall be payable in ten (10) equal annual installment& of principal and interest on the unpaid principal amount The first of such illstallmenta of principal shall be due and payable at s uch time as will be set forth in the o.ssessment ordinance and the remainder of said installments shall be due and payable successively on the same day in esch· year thereafter, until all installment.a are paid in full The interest to be paid on un paid and deferred installments will be at a rate established by an asse11men~ ordinance, to be adopted by the City Council at a later date. ~ Siw:i&l Jmprpycmcpt Bgpd . The City shall by resolution allocate suffir:ient funds u, pay for the installation and construction of the proposed as,essable improvements, subject to re ;mbursement by usessment of the coat of the project to the benefited property. ~ Bmclit.l. The City Council hereby finds and determines that the improvements proposed to be constructed and installed will confer a special benefit upon the real property within the District and a eeneral benefit upon the City as a whole. ~. Severabj!jty. If any one or more sectfons or parts of this ordinance shall be acljudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the r emaining provi s ions of this Ordinance, it being the intention that the various provisions hereof are s everable . ~-~ All ordinances, or parts thereof, inconsistent or in conflict with this Ordi nance ar.! hereby repealed to the extent only of such inconsiste11cy or conflicl -2 -• • • ~-PnhlicntiPO and Effective Date Thia Ordinance, afte1 ita final passage, shall be n·~mberod and recorded, and the adopUon and publication ahall be authenticated by the sillI!ature of the Mayor ond the City Clerk, and by the Certificate of Publication. At or about the time or the publication of this Ordinance, a copy or this Ordinance ah all be provided to the county nsessor and the county treasurtr or Arapahoe County and~ the Division or Local Govemment in the Department of Local Affain or the State of Colorado. Thia Ordinance aha!i be come effective thirty (30) days after pubijcation following final pusage. Introduced, read in full , and pused on first reading on the 19th day of April, 1993. A Public Hearing was held on April 19, 1993 . Published as a Bill for an Ordinance on the 22nd day of April , 1993. Read by title and passed on final reading on the 3rd day of May, 1993. Published by title as Ordinance NotZJ... Series of 1993, on the 6th day of May, 1993. ATTEST : a~~fkL_ 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 b;)ff copy of the Ordinance passed on final reading am' ,ublished by title as Ordinance No . e5t-, Series of 1993 . -3- •• • • Date April 19, 1993 IN111ATED BY STAFF SOURCE COUNCIL COMMUNICATION . Agenda Item 9 a&: b Department of Public Works Subject Proposed Special Improvement District No . 37 Charles Esterly, Director of Public Works ISSUE/ ACTION PROPOSED Staff seeks Council consideration for passage of Ordinance to form Special Improvement District No . 37, for the purpose of constructing the 2000-2300 blocks of West Yale Avenue . PREVIOUS COUNCIL ACTION City Council originally included this street in Year 6 of the Proposed 10 year Paving Plan . Council approved Resolution NP -34, March 15, 1993 addressing their intent tc form this Paving District . BACKGROUND Since 1956, the City has been improving its streets to meet ~mum City Standards through Paving Improvement Districts . During this period, 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, though special assessments levied for work done adjacent to their properties, and the City, through monies budgeted in the PIF for street and alley intersection work, incidental storm sewer construction, right-of-way acquisition, fence relocations, and other work incidental to the project . At the 1983 Budget Retreat, Council approved a ten-year paving district program to bring all streets, not included in previous districts, L'P to City Standards . Proposed paving district streets were presented to Council as an acc ur,,.,tlation of recommendations from several areas: requests from citiuns, petitions, reques ts from business or industrial property Print ed on Recycled Piper ~ owners, requests from Council, revi1:1, · of past districts, review of maintenance problems • •. and costs, and physical irapections. Prior to inclusion in the list, streets showing signs of distress were tested for thickness of asph.tltic concrete and basecourse to determine the appropriate action required . Streets not meeting minimum City Standards were proposed for reconstru.:tion and assessment . Streets that were found to meet City Standards were not prr,posed for paving district inclusion, but rather, were included in a City overlay-sealcoat pmg.·am where no assessments are levied . The street proposed for inclusion in Special Improvement District No . 37 is a street that ;,as not previously been constructed to minimum City Standards, and, from testing results, requires total reconstruction . This street was also petitionea for paving in 1992 for c,:.on:;tru clion in 1993. STAFF ANALYSIS Originally scheduled for Year 6 in \he 10 Year Paving Plan introduced in 1983, this street (2000-2300 W. Yale Avenue) woul, h ave been constructed in 1990. e to delays, the 10 Year Plan was revised in 1991 ; thi!' street remained in Year 6 of the revised plan, then re-scl,eduled for 1993 . The 5 Year Capital Construction Plan, prepared in 1992 for years 1993 through 1997, did not include a paving di strict in 1993 . It proposed construction of Yale Avenue would be delayed until at least 199-1 . FINANCLU IMPACT The City allocated , by Resolution No. 35 , 1993, the funds necessary for the construction of Paving Di strict No. 37 in the amount of $357,000 from the City 's General Fund balance . The City 's costs for said improvements are estimated to be $229,000 . Improvement costs adjacent to private ownership, and subject to assessable reimbursement, are estimated at S128,000 . •