The URL can be used to link to this page

Home My WebLink About1993 Ordinance No. 033.. • • • ORDINANCE No .33 SERIES OF 1993 BY AUTHORITY COUNCIL BILL NO . 33 INTRODUCED BY COU?ICIL MEMBER BULLOCK AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE WITHIN PAVING DISTRICT NO. 36 IN THE CITY OF ENGLEWOOD, COLORADO ; APPROVING AND CONFIRM ING THE APPORTIONMENT OF THE COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF THE COST AGAINST EACH LOT OR TRACT OF LAND; AND PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF THE ASSESSMENTS. WHEREAS, by Ordinance No. 18, Series of 1993, paased on final reading and adopted on April 19, 1993, the City Council of the City of Englewood , Colorado, hos created Paving District No . 36 within the City for the puTpose of constructing and installing paving, cu rb . gutter, e nd sid e walk improve men ts, together with necessary incidentnls on a ce rtai n street withi n the District; and WHEREAS, the improvements authorized by said ordinance have been subst a ntially comple ted , and the totl'.11 costs of such improvements hove been r eliably ascert,ined : and WHEREAS, an ass ess ment roll has Leen prepared o.nd a statement show in g the total cost of the improvements hos been du ly fi:ed with the City Clerk; and V ··,REAS , from the stetement mode and filed, it appears that the whole cost of the improvem. s constructed and installed within the District is $78,647.85, of which amo unt th e City of Englewoo d will pay $~7.971.27, leaving $30 ,676.58 to be assessed against the real property within the District; and · WHEREAS, from said statement it also appears that the City Council has apportioned a shore of the whole cost to each lot or tract of land within the District, in accordance with the benefi ts to be derived by said property and in the proportions and amounts severally set forth in Exhi bit A attached to this Ordinance; MOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: Sedion l Conflunotion of A.o •es•ment RolL The whole cost and apportionment of the same , os set fort h in the assessment roll , is hereby approved and confirmed. Said apportio nm ent is hereby dee lo red to be in accordance with the special benefits which the rea l property in the Di strict will receive by reason of the construction and instal!ation of th e im pr ovements. A share or said co s~ is hereby assessed to and upon each lot or trac t of land \,ithiu the Di strict in the proport ions nnd amounts as se t fo rth in the assessment roll , attached hereto as Exhibit A. 5..e.t.ti.a.n... Pnvme o1 of A.~c:e:;sments -The assessments shell be due and payabl e at L.,e office of the Director of Finance of th e City, on or befor e Septem ber 20, 1993 , in accordnnce with Sectio n l l-2-7(c) of the Englewood Municip al Code; provid ed that all such assessments mny be poid , at the election of the property owner, in installments, with interest as here innner set forth . An all Gwanc e or 5% shnll be mode on all payments of assessments mnd e on or befor e September 30, 1993, bu t not th ereaner . .J. 9 a i failure w pay the whole assessment ~nor tefore September 30, 1993 shall be conc1us1\ely c:n:-ide~d and held an election on th e part of all persona interested, whether und er d:Mbility ~, otherwise, to pay in in stallm,;its. Additionally, such election shall be • conclusi ve1\· con tidered to be a waiver of any ri,;'ht to ques ti on the power or jurisdiction of th e City to con ·,truci 'J" improverr,ehls, the quality of lhe work, lhe regularity or sufficiency of the proceeding\, the •:<i dity or the correctness of the assessments, or the validity or the l ien thereof. In lh e event of an el ec tion to pay in installments, the assessments shall b. payable at the office of e County Treasurer of Arapahoe County, Colorado, in ten (10) equal annual in st.ollments of principal , the first of such installments of principal shall be due and pa yabl e on or before the J.,t day of ,lanuary 199 ~. The r emainder of the in stallments shall be due .nd payable success-·r·ely on or before th e 1st day of January in each yeur thereafter until paid in full . The tenth and ,,st i~etallment shall be ,· ae and pay able on January 1, 2003. Interest on lh e unpaid prin c1;,al amouri t i!:::.;1 be at the rate of six percent (6.0'l,) per annum, commencing on t:h e day following the first installm ent d ue date, and pay able each year at th e lime of paying installm~nts Ol~ assessments. The owner of MY property not in default as lo any installment 1.1r paym ent ma y, at any ti me, pa y the whole of the unpaid princ ipal with acc ru ed in terest to •' ? da te of the nex t assessment inst.allment payment date. ~~-PenoltY for Default or Nonrmyment-Failure to pay any insta11men t, whether of princi pal or i nt.en,st, when due shall cause lhe whole of the unpaid prin ci pal to become due and paya ble im mediately . the wh ole amount of the unpaid princip al and accrued interest shall thereafter draw inte'rest at the rate established pursuan t to Section 5•12·106(2) 1 an d (3), C.R.S ., un til the date ofta~ sale, as provio.J by l&w . At any time prior to the dato of the tax sale, the ov.n er may pay thi! amount of a11 un paid installments wit.h inte rest at t!,e pe nally rate of one percent (1%) per month or fraction ofa month, and all penalties an d costs of col lection ~,:,:rued, and shall thereupon be reston,d to the right then,after to pay in installments in the same manner as if default had not been suffered. Sfw.sm..1. Ac:5pc:c:meo • Li~datwl-AB assessments levi ed against the rea l property in the Disctict, together with all ,nterest then,on and penalties for default in payment thereof, and all costs in collect,ing the same, shall constitute, from the date of lhe final publication of this Ordinance , a perpetual lien in the several amounts assessed against ea ch lo t or tra ct of la nd. Such lien r.hall have pri ority over all other liens except gener al tax liens a nd shall be enforced in accordance with lhe laws of the Stat e of Colorado . Pursuant to Section 31-25 -52 2, C.R.S ., a copy of this Ordinance shall be filed with the County Cle rk and Reco rder of the County wherein each lot or tract of land assessed is lo ca led , fo r re co rd ing on tt'1e land ,·ecords of such lots or tracts of land, and copies of this Ordinbn ce shall also be file d .,.;th the County Treasurer and the County Assessor. Sect io n 5 Assessments Arain:st Divided or Subdivided Truts.. If any tra1:t of real property included within the District i• hereafter divided or subdivided into two or more such tracts or parcels, the Director of Finunce, with lhe assistance of the Director of Public Work s, is hereby authorized and directed to divide th e an essment against such tract in the same propertion that tne t r act it.elf is subdivi ded into two or more such parcels, and to certify th e revised assess ments to the County Treasurer. ~ SeYerabjljty. That if any one or more sections or parts of this Ord in an -:e sh all be adjudged u n enforceable or invalid, such judgment shall not affect, impair, or invalidat e the re main in1: provisions of this Ordinance, it being the intention that the variou s pro\'isi ons hereof are seve rab le. -2 · • • • ~. ~. All ordinances , or parts thereof, inconsistent or in conflict herewith are hereby repealed to the utent only of 1uch inconlistency or conflict . ~-llu.J:i.n&. In accordanoe with the City Charter and the Municipal Code of the Cily, the City Council shall hold a public hearing on this Ordinance, on Monday, July 19 , 1993 , at 7:30 P.M. or at s uch later time as the City Council is able to hear it in its normal course . ~ Puhlicotioo and Effective Pete-This Ordinance, after its final paHage, shall be numbe re d and recorded , and the adoption and publication shall be authenticated by the signature of th e Mayo r and the City Clerk and by the Certificate of Publication, Thia Ordinance shall become effective thirty (30) days after publication following final passage. 1993 . Inirodu ced, r ead in full , and passed on first reading on the 7th day of June, 1993. Publish•d as a Bill for an Ordinance on the 10th day of June, 1993 . Read by title and pa ssed on final reading on the 19th day of July , 1993. Publish ed by l ill e as Ordinance l-,"o . J3 , S eries of 1993 , on the 22n d day of J uly, • AT TE ST : • ~dlxw.fkJ Palrici a H. Crow, City Clerk I , Patric ia H. Crow, Cily Clerk of the City of Englewood, Co lorado, hereby certify that the abo ve and foreg oi ng is a lf1j/! copy of the Ordinance passed on final readi ng and published by title as Ordinanc e No . ...Q..i... Series of 1993 . ,@;MC,#~ Patricia H. Crow -3. FINAL ASSESSMENT DAT A PAVING DISTRICT No. 36 SECTION A (assessable) Con1uc1 construction Complete to date subtotal Legal and fisal fees Plus 2% contingencies Interest (4/ 1/93 to 12/31/93 @ 6.00 %) subtotal TOTAL SECTION A (Assessment Factor 1.23795822) SECTION B (City responsibility) Contract construction Complet e to ,i.ne subtotal Preliminary & construction engineering (est.) T ec.hnical sen-ices (testing/ surveying) (est .) Construction supplies/ materials (est .) Equ ipme nt/fuel (e st.) Office supplies/postage (est.) Legal advenising (est .) Miscellaneous supplies/expenses (est .) subtotal TOTAL SECTION B TOT AL SECTIONS A & B $24 ,779.98 $24,779.98 $4,000 .00 S575 .60 S 1,32 1.00 $5,896 .60 $30,676.58 S32,321.27 $32,321.27 $9 ,700 .00 $1,200.00 . Sl ,700.00 Sl ,050 .00 S950 .00 S750 .00 S300 .00 $15,650.00 $47,971.27 $78 ,6 47.85 21May i3 • • • • • • PAVING DlSTRICT NO . 36 .~~uth Pl atte Ri ver Drive ) EXH I BIT "A" ASSESSMENT ROLL Paving District No. 36 (South Platte River Dr .) All property owned by John Ness 1971-33-4-00-048 $30,676.58 Ness Man ufacturi ng, Inc . 3300 S . Platte Ri ver Drive Englewood , Co. 80110 ----------------------------------------------------------------- • • • • Date June 7, 1993 INITIATED BY STAFF SOURCE COUNCIL COMMUNICATION Agenda Item 12 bi & ii Department of Public Works Subject Assessments for Paving District No. 36 (So . Platte River Drive) Charles Esterly, Director of Public Works ISSUE/ ACTION PROPOSED Staff seeks Council approyal for the establishment and no'tification of assessments for Pa,ing District J\:o . 36 . Council is requested to approve the following: • 1). A bill fo r an ordinance establishing assessments for Paving District No. 36, Md 2). A resolution to notify property owners of assessments and to establish , date for a publ ic hearing on assessments . PREV!Ol'S COUNCIL ACTlON Paving District No. 36 was created by Ordinance No. 18, Series of 1993, passed and adopted by City CDun cil on April 19, 1993 . BACKGROUND Resolution No . 32, Series of 1993 declaring the intent to create Paving District No. 36 and establishing a publi c hearing on the formation of Paving District No. 36 was adopted and approved on March 1, 1993 . The public hearing on formation of Paving District No. 36 was hel d on April 5, 1993 . Ordinance No. 18, 1993 creating Paving District No. 36 was passed April 19 , 1993 . STAFF ANALYSIS The purpose of th is District was for the construction and installation of street paving, and placement of curb, gutter, and sid ew alk to meet City standards, together with necessary • incidentals . Construction of the District occurred between April , 1993 and June, 1993 . flNANCIAL IMPACT It was estimatied that $88,100 would be needed for the improvements. $40,000 remained available from previous appropriations in th e PIF . An additional appropriation of $48,100 was required from the PIF balance to full y hmd the project. The tssess ment total for the developers portion of the improvements was estimated to be $36 ,100. The final costs based on actual construction costs are as follow s: Section A (Assessable) $30,676 .58 Section B (City) $47 ,971.27 Total $78,647.85 • • •