HomeMy WebLinkAbout1993 Ordinance No. 034•
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BY AUTHORITY
ORDINANCE No.3!t.
SERIES OF 1993
COUNCIL BILL NO . 35
INTRODUCED BY COUN CIL
MEMBER GULLEY
AN ORDINA,'\'CE APPROVING THE WHOLE COST OF THE IMPROVEME NTS )UDE
WITHIN SPECIAL IMPROVEMENT DISTRICT 1992 · ECIC IN THE CITY OF
ENGLEWOOD , COLORADO ; APPROVING AND CONFIRMING THE
APPORTIONMENT OF THE COST TO EACH LOT OR TRACT OF LAND IN SAID
DISTRICT; ASSESSING rt SHARE OF THE COST AGAINST EACH LOT OR TRACT OF
LAND; AND PRESCRIBING THE MANN ER FOR THE COLLECTION AND PATI>IE NT
OF THE ASSESS~tENTS.
WHEREAS, by Ordinance No. 9, Series of 1992, paned on fin al reading and adopted
on February 18, 1992, the City Council of the City of Englewood , Colorado, has created Specia l
Improve ment District 199 2 • ECIC within the City for the purpo se of con structing and
installing paving, curb, gutter, and sidewalk imp rovements, together with necessary
inci dentals on a cert.D.in street with in the Di strict: and
WHEREAS , the improvements authorized by said ordinance have been completed ,
and the total costs of such improvements have been reliably ascertained : and
WHEREAS, an assessment roll has been prepared and a statement showing the total
cost of the improvements has been duly filed with the City Clerk; and
WHEREAS, from the statement made and filed, it appears that th e whole cost of the
improvements constructed an d installed \1,•ithin the Distri ct is $2,97,033.58, to be assessed
against the real property wi thin the District; an d
WHEREAS, from said statement it alsa appears that the City Council has apportioned
a sha re of the whole cost to each lot or tract ofland within the District, in accordance with the
ben efi ts to be derived by said property and in the pro portions and amounts severally set fo rth
ir. Exhibit A attached to this Ordinance;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1 Conficrontioo of A55essmeot Roll. The whole cost and app ortionment of
the sa me, a s se t fo r th in the assessment roll, is hereby approved and confirm ed. Said
app ortionment is hereby declared to be in accorda nc e with the special benefits wh ic h the r eal
property in th e Di strict will receive by r eason of the construction and installation of the
impr ove ments. A share of said cost is hereby assessed to and upon each lot or tract of land
with in t.he District in the proport ions and amounts as set forth in the as se ssm ent roll,
at1ached hereto as Exhibit A.
~-Paym Pn t of A~~e1=:•1ments -The asses sments shall be du e and payab le ot the
offi ce of th e Dir ecto r of Fin anc e of the City, on or befor e September 30, 1993, in acco rdance
with Section l 1•2-7(c) of the Englew ood Municipal Code; provided that all such asses sments
ma y be paid, at th e elr ction of the property owner, in in stallments, with interest as
hereinaner set forth . An allowance of 5% shall be made on a!'. payments of a sses sment s
made on or before s ,,ptemb er 20, 1993, but not thereafter .
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Fnilure to pay Lh c whole assessment on or before September 20, 1993 shall be
co nclusively con sidered and h eld an election on the part of all person s interested, whether
unde r disability or otherwise, to pay in installments. Additionally, such election shall be •
co nclu sively considered to be a wniver of nny right to question the power or jurisdiction of the
City to construct th e improvements, the quality of the work, the regularity or suffici ency of the
proceedings , the validity or th e correctne ss of the assessments, or the validity of the li en
thereof.
In the event of an election to pay in installments, the auessmenls shall be payable at
th e office of the Co unty Treasurer of Arapahoe County, Colorado, in Len (10) equal annual
installments of principal , the first of such installments of principal shall be due and paya bl e
on or before the Isl day of January 1994 . The r emninder of the installmeitls shall be du e and
payable successh·el y on or befo re the 1st day of January in each year thereafter until paid in
ful l. Th e tenth and last installment shall be due and payable on January 1, 2003. Interest on
the un paid princip al amount shall be at the rate of eight percent (8.0%) per annum,
co mmencing on the day following th e first installment due dale, and payable each year at the
time of paying installments of assessments. The own er of any property not in default as Lo
an y installment or payment may, at any Lime , pay the whole of the unpaid principal with
occ rucd interest to the date of Lhe nert assessment installment paym ent date.
~-f.en.D..lu. for Default or Ngopa ymeot. Failure to pay nny in stallm en L,
whe ther ~f ;,"1ncip ol or int erest , when due shall cause the whole of the unpaid principal to
~ecom~ due and payable im mediatel y. the who le amount of the unpaid princ-ip al and acc ru ed
int eres t shall thereafter draw interest at the rate established pu rsuant to Section 5-12-106 (2)
nnd (3), C.RS., until the date oftnx sa le, as provided by law . At any time prior to the dale of
th e tax sal e. the owner may pay the amount of all un paid installments with inte rest at th e
penalty ro te of one percent (1%) per month or fraction ofo month, and ell pena lties and cos ts
of co ll ection accrued, and sha ll thereupon be restored to the right thereafter to pay in •
insta llments in the same manner as if defau lt had not been suffered.
~...i. A,cc pc cmeot Lien · Re cordntioo . AJI assessments levied against the renl
property in the District, together with all interest thereon and penalties for default in
pay ment thereof, and all costs in coll ecting the same, shall constitute, from the date of the
fi na l publi cation of this Ordinance, a perpetual lien in the several amounts assessed again st
e::i.ch lot or tract of land . Such lien shall have priority over an other liem, excepl gen era l tax
li ens and shall be enfo rced in accordance with the laws of the State of Colorado.
P ursuant to Secti on 31-25-5 22, C.!'.S., a copy of this Ordinance shall be filed with the
Cou nty Clerk and Rec orde r of the County wh erein each lot or tract of la nd assessed is localed,
fo r reco rd in g on the land recor ds of such lots or tracts of land, and copie s of this Ordinance
sh all also be file d with the County Trea surer and th e County Assessor.
Section 5 A'3e '3menh A,ga in,t Divi ded or Subdivided Tra rt,. If any tract of ren l
property in cluded withi n th e District is hereafter di vide d or st.hdivid ed into two or more s uch
troct s or parcels, th e Director of Finance , with the assistanc e of th e Directo r of Public Work s,
is hereby authorized end dir ec ted to divide the assessment against such tract in the sam e
propertion th at the tract ilself is subd iv id ed into two or more such parcel s, and to cert ify th e
re,ised assessments to the County Trea surer .
~ ~!lbiliu-That if any one or mor e sec tions or parts of this Ordinan ce
sha ll be adjudged un er fo rcea bl e or invalid , such judgment shall not affect , ir pair , or
inv alid ate the rema in:ng pr ovis ion s of this Ordinance, it being the intention l1 1at the vari ous
prov is ions he reo f er~ seve rable .
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~-Rtl2alu,. A I ordin a ncts , or part.A thtrtof, inconsistent or in connict
herewi th art hereby reptaled to the extent only of 1uch inconsisttnc, or conOict .
~-litAiinE· In accordance .,;th the City Charter and 1he ~fanici pal Code of
the Citi•, th• City Council shall hold a public htaring on this Ordinonce , on Monday, July 19,
1993, at 7 .3 0 P.~I. or at such later time as the City Council is able to hear it in its normal
course . ~ Puh)icOJiPD ond EID:ct ir r QQ.le, This Ordinance, nfter its final passage,
shall be numbered and recorded, and the adoptio n and publication shall be authtnticated by
the signature oft he ~layor and the City Cltrk and by the Certificott of Publication. Th is
Ordin an ce shall becom• efl'ec1 :ve thirty (30) days after publication following final possage.
Introduced. road in full, and passed on first reading on the 7th day of Junt, 1993.
1993 .
P ublished as a Bill for an OrdinMce on the 10th day of Junt, 1993.
Read by ntl• and pa ssed on final reading on the 19th day of July, 1993 .
P ublished ':,y ti~le as Ordinance :So . J!L , Series of 1993 , on the 22nd day of July ,
ATTEST :
Pairicio H . Crow. C ity Clerk
I , Patricia H . Crow , City Clerk of th• City of Englewood , Col orado , htreby certify that
th e abo\'e and foregoing is a true copy 1t!"' Ordinance passed on final ,·eading and
publi shed by title as Ordinance No . .....,;LZ.-Seriu of 1993.
Cu«iv#Ou-w
Patricia H. Crow
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25 May 93
FNALASSESS..1 •. TDATA
ENGLEWOOD COMMERCIAL INDUSTRIAL CENTER
(;pecia.l ~rove::-ent. Di st:cict. 1992 ., ECIC )
SECT,ON A (memble)
Contract co nruuction
Complete ro dare
Preliminary & construction engineering (est .)
T echnic,J ser,ic es (resting)
Printin g & ad Yertising (est.)
P .S.C o. (install gas & elec .)
Yliscelhne ous supplies/ e~penses
subtot.11
Leg:tl .u:.d iisd fees
Plus 1% ontingencie,
lntecest (5/15/92 ro 12/31/93@ S%)
subcoc,J
TOTAL SECTION A
SECTION B (Ciry· resp on sibility)
TOTAL SECTION B
TOT AL SECTIONS A & B
5193,764.50
S28 ,4C0.C0
55 ,70 8.00
5725 .C 0
521,541.6 0
Sl 0.52
5250, 149 .62
57,464 .1 2
SS ,15 2.2 7
534 ,26 7.5 7
546 ,883 .96
$29 7,0 33.58
so.co
S297,033.58
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SPECIAL IMPROVEMEN':' DI STRICT NO. 199 ~-ECIC
Dona ld B . & Barbara B . Cameron
455 0 s. Windermere St .
En slewood , Co . 8 011 0
2077 -0 9 -3-15-001
Lnt l B~k l
2 077 -09 -3 -15-002
Lot 2 Bl k l
2 C7 7 -09 -3-l5 -00 3
Page l
$15,296 .55
$25,031.36
L::: 3 B:k l $14,77 9 .32
2~i 7 -0 S-3 -l5 -004
Le: 4 Bl.k l $1 5,1 35 .20
2:7i -0?-3-l 5-00S
:ct 5 E:k l
2:77 -0 9 -3-16 -007
:-c : l :lk 2
2 077 -09 -3-16-0 06
Le : 2 Elk 2
2 C,7 -C9 ·3·l6-00 5
Le: 3 o :k 2
2 0,7 -09 -3-15-004
:ct 4 .s::.c 2
2 0,7 -05-3-16-003
-Ot 5 E::.k 2
2 077 -09-3 -16-0 02
Lot 6 Blk 2
2 07 7-09 -3-17-00l
Le : l Blk 3
2 07 7-0 9-3-17 -002
Lo: 2 Blk 3
2 077-0 5 -3-l 7 -00 3
Lo t 3 Blk 3
2 077-0 ~-3-17-0 04
Lot 4 B~k 3
$10,619 .26
$10 ,285 .65
$9,764 .65
$6 ,91 5 .09
$7,7 58 .78
$9,399 .10
$12 ,520 .93
$19,579.71
$25 ,0 24.22
$2 3,27 9.2 7
SPECIAL IMPROVEMENT Ol e tI CT NO. 19 92-ECIC
2077 -09-3-17-005
Lot 5 Blk 3
2 07 7-09 -3-17-006
Lot 6 Blk 3
2077-09-3 -1 7-007
Lo t 7 Blk 3
20 7 7-0 9 -3 -17-0 0 8
Lo t 2 Blk 3
2 077-09 -3-17-0 09
Le e 9 Blk 3
Pa ge 2
$1 6,18 6 .46
$14 ,079.75
$8 ,157 .09
$14,553 .69
$32 ,3 99 .8 1
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June 7, 1993
n-;IT1ATED BY
ST AfF SOURCE
co:,NCTL COMMUNICATION
Agenda Item
12 Ci & ii
Department of Public Works
Subjec t Assessments for
Special Improvement
District ECIC 1992
Charles Esterly, Director of Public Works
ISSUE/ ACTI ON PROPOSED
Staff seeks Council approval for the establishment and notification of assessments for
Special Improvement District Englewood Commercial Industrial Center (ECIC) 1992 .
Council is requested to approve the following :
• 1) A bill for an ordinance establishing assessments for Sp~-:ia ' Improvement District (ECIC)
1992; and
2) A resolution to notify property owners of assessments and to establish a date for a
public hearing on assessments .
PREVIOUS COUNCTL ACTI ON
Special Improvement District ECIC 1992 was created by Ordinance No. 9, Series of 1992,
passed and adopted by City Council on February 18, 1992 .
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BACKGROUND
Resolution ·o . 1, Series of 1992 declaring the intent to create Special Improvement Disbict
ECIC 1992 and establishing a public hearing on the formation of Special Improvement
District ECIC 1992 was adopted and approved on Januai y 6, 1992 . The public hearing on
formation of Special Improvement District ECIC 1992 was held on February 3, 1992 .
Or~nance No . 9, 1992 creating Special Improvement District ECIC 1992 was passed
February 18, 1992 .
SfAFF '1AL YSIS
1ne purpose of this Special Improvement District was for the constructi on and installation •
of street pnving, and placement of curb, gutter, and sidewalk to meet Ci ty standards,
together with necessary incidental s. Construction of the District ocCWTed between May and
July, 1992.
FINANCIAL IMPACT
There is no cost to the Ci ty for improve ments constructed in this District since th e
d eveloper will be assessed for all aspects of construction, including water, sanitary sewer,
storm sewer, administration and engineering. The actual costs of this street are:
Developer Streets
Assessable
$297 ,033 .58
C ity
0
Total
$297,033.58
The Ci ty of Englewood originally allocated 5314,900 in general fund resources for
construction of this District. The unused balance will be returned to the General Fund . Th e
actual expenditures will be 100 percent reimbursed by the property owner over ~e
assessment period .
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