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HomeMy WebLinkAbout1994 Ordinance No. 044ORDINANCE NO. 1:1. SERIES OF 1994 BY AUTHORITY COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE WITHIN PAVING DISTRICT NO. 37 IN 'rHE CITY OF ENGLEWOOD, COLO!tA.0O; APPROVING AND CONFIRMING THE APPORTIONMENT OF THE COS'.(' TO EACi{ LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF THE COS1' AGAIN&T EACH LOT OR TRACT OF LAND; AND PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF THE ASSESSMENTS. WHEREAS, by Ordinance No. 21, Seri .. of 1993, puaed on final reading and adopted on May S, 1993, the City Council of the City of Enalewood, Colorado, hu created Paving Distric:t. No . 37 within the City for the purpose of constructing and installing paving, curb, gutter, and 1ide-lk improvementa, together with nece,ury incidantala on s certain street within the Distric:t.; and WHEREAS, the improvemanta authorised by said ordinance have been oubstantially completed, and the total costs of such imp,ovementa have been raliably ucertained; and WHEREAS, an Ultsament roll has been prepared and a statement ,howme the total cost of the improvements has been duly filed with the City Clerk; and WHEREAS, from the statement made and filed, it appean that the whole colt of the ir,1provement• co mrtruc:t.ed and instaJled within the Diatric:t. ia $372,'"2.14, of which amount '.he City of Englewood will pay $260,366.73, leaving $112,075 .41 to be usessed againlt the raal property within the District; and WHEREAS, from laid statement it alao appears that tho City Council baa apportioned a share of the whole cost to aach lot or tract of land within the Diatrict, in accordance with the benefits to be derived by laid property and in the proportion, and amounta severally set forth in Exhibit A attached to this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Sectiao 1 Coofinnntian oC As,eument.,.S&u!. The whole cost and apportionment of the same, as set forth in the ass .. sment roll, is hereby approved and confirmed. Said apportionment is hereby declared to be in accordance with the s pecial benefits which the real property in the District will receive by reason of the construction and installation of the improvements. A shan, of said coat i1 hereby a11t11td to and upon each lot or trac:t. of land within the District in the proportions and amounta u sat forth in the usesament roll, attached hereto as Exhibit A. ~-Payment of A:sses "ment:s. The aueasments shall be due and payable at the office of the Direct,ir of Finance of the City, on or before September 23, 1994, in accordance with Section ll-2-7(c) of the Englewood Municipal Code; provided that all such as1tssments may be paid, at the election of the pn,perty owner, in installments, with interest as hereinafter set forth. An allowance of 5% shall be made on all payments of aa1tssments made r • or before September 19, 1994 , but not thereafter. -1- Failure to pay the whole aueument on ,,. before September 23, 1994 &ball bo conclusively conmdered and held an election on the pert of all penon1 inteNtlted, whether under disability or otherwiae, to pay in installmentl. Additionally, 1uch eltttion ihall bo conclusively conaidered to be a waiv•r of any ri1hl to question tho power or juriadiction of the Ci ty to construct the improvementl, the quaEty of the work, the recularity or aufficiency of the proceedings, \he validity or the correctness of the a11e11ment1, or the validity of the lien thereof. In the event of an election t,, '>ay in installmentl, the uaeumentl shall be payable at the office of the County Treasurer of Arapehoe County, Colorado, in ten (10) equal annual instellments of principal, the ffnt of such instellmentl of principal shall be due and peyable on or before the lit day of January 1995. The remainder of the imtallmentl shall be due and payable successively on or before the lit day of January in uch yur thereafter until paid in full . The tenth and last inatallmeut shall be due and payable on January 1, 2004. Interest on the unpaid principal amount shall be at the rate of liz percant (6.09') per annum, commencin1 on the day followinc the ffnt instal11:.ent due date, and payable each year ,,t the time of paying installments of usessments. The owner of any property not in default u "' any installment or payment 1nay, at a.,y time, pey the whole of the unpaid principal with accrued interest to the date of the next assessment installment payment date . 5..es:tian..3. Ptonltv for Dcfeult or Nannavmcnt Failure to pay any installment, wh ether of principal or interest, when dot shall cause the whole oft be unpaid principal to become due and payable immediately. The whole amount of the unpaid principal and accrued interest &ball thereafter drew interest at the rate est,Jhlilbed puuuant to Section 5-12• 106(2) and (3), C.R.S ., until the date oftu •le, u provided by law. At. any time prior to the date of the tax sale, the owner r1 ay pay the amount of all unpaid installments with interest at th • penalty rate of one percent {1._) per month or fraction of a month, and all penalties and costs of collection accrued, and lhall thereupon be restored to the richt thereafter to P'-Y in instellmentl in the same manner as if default had not been suft'ered. ~ A.uenment Lien · Rcsordation . All uaeuments levied against the real property in the District, together with all interest th•,_, and penalties for default in payment thereof, and all costl in colleetinc the same, shall conltitute, from the date of the final publication of this t 'n!inance, a perpetual lien in the several amounts uaesaed apinst each lot or tract of land. S ,ch lien shall have priority over all other liens except general t:..< liens and ,,hall be enforced 1., accordance with the lawu of the State of Colorado. Pursuant to Section 31-25-522, C.R.S ., a copy of this Cnlinance shall be filed with the County Clerk and Recordec of the County when,in each lot or tract of land assessed is located, for recording on the land records ofsuch Iota or tracts ofland, and copies of this Ordinance shall also be filed with the County Treasurer and the County Assessor. Section 15 Assr,sment., Araimst Divided or Subdivided Tracts . If any tract of real property included within the District is hereafter divided o·, auhdivided into two or more such tracts or parcels, the Director of Finance, with the asmstance of the Director of Public Works, is hereby authorized and directed to divid• the assessment &gains wuch tract in the same proportion that the tract itself is subdivided into two or more such parcels, and to certify the ·evi sed assessments to the County Trea!Urer. ~ Seycrahj!jty. If any one or more section, or parts of this Ordinance &ball o, <\judged unenforceable or invalid, such judgment shall not aff'ect, impair, or invalidate th, "emaining provisions of this Ordinance, it being the intention that the various provisions her. ,fare severnble. -2 · j Sad;iaa..l. lwiAalal:, All ordlnancet, or pub the,-(, inconaiate,1t or in caaflict herewith are horeby repealed to the •-only of auch in-alAancy or coaftlct. ~-Hu.tine, In accordance with the City Chart.rand the Municipal Coci,, of the City, the City Council shall hold a public hearinr on thi1 O»linanco, on Mooday, July 18, 1994 , at 7:30 P.M. ,,r Ml 11\lCh later time u the City Council i1 lhl• to hear it in ill nornial cours~. ~ t"uhlisation and Effcs;tive Date . This Ord.inu.nce. after ita final puup, shall be numbered imd recorded, and the adoption and publication shall be authenticated by tlie signature of tho Mayor and the City ,Clerlt and by the Certificate of Publication. Thia Ordinance shall become effective thirty (30) day ■ after publication following 6nal passage. 1994. lntn duced, read in full, and puaed OD firat readin1 on the 6th day of June, 1994. Pul,lishtd u a Sill for an Ordinance on the ."~ day of June, 1994. A Public ·ea...;."g was hald en July 18, 1994 at 7:30 p .m . Read by title and pasaed on final readin1 OD the 15th day of Aurust, 1994 . Published by title as Ordinance No.4!f:. S.riu of 1994, on the 18th day of Auru■t, I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No .'[/!}.. Serie, of 1994 . I v . f f'!;J,,. ~wliv,,,4., V-1?7 Loucriahia A. Ellis -3- EXHIBIT A Paving District No. 37 AueumentRoll Name and AdJ,-Lot Block Subdlvilion Total~ment I 971-28-3-07-003 3 :21 Southlawn Gardens -Sh:>efberger, Walter J. & Ro Jt Ten 55 :, ,,;_ Lake Av e. Linle !o n, CO 80110 $2407 .78 1~71-28-3 -07 -004 4-5 21 !:outblawn Gardens Rehder, Be~net K. & Donna J. (2340 W. College Ave.) 2347 W. Yale Ave . Englewood , CO 801 JO $7709 .54 J 971-28-3-07 -005 6 21 Southlawn Gardens Papi, Foster Anthon y & Alice (2277 W. Yale Ave .) Wanda. Jt Ten 2764 S. Meade St. De nver, CO 801 JC $385 4.77 I 971-28-3-07-008 9-10 21 Southlawn Gardens Hyde, Richard A., Jr. -2264 W. College Ave. Englewood , CO 80110 $7709 .54 I 971-2 8-3 -07 -009 I 1-12 21 Southlawn Gardens Hyde, Richard A., Jr. 2192 W. College Ave. ~ewood, CO 80 1 JO $7709 .54 I 97 1-28-3-07-010 13 21 Southlawn Gardens Hyde , Richard A., Jr. No Addre.:<s $3854 .77 1971-28 -3-07 -008 14-1 5 21 Soutblawn Gardens Hyde , Richard A., Jr . 2100 W. College Ave. Englewo~d, CO 801 JO $7709 .54 I 971-28-3-07 -01 9 16-1 7 21 Soutblawn Gardens Rotundo Corporatioo 2090 W College Ave . -En glewood , CO 80110 $7709.54 ., .. __ .._ Paving Dlltrtct No. 37 Asseument Roll -Name ud Addreu Lo t Block Subdivision 'i'otal Assasment 1971-28-3-07-020 1-2 21 Southlawn Gardens, except Walker, Rohen T. & Jan et R. (2650 S. Zuni St) It Ten 41 I 5 W. Flo yd Ave . Denver, CO 80236 $7421.87 I 971-28-3-07-024 7-8 21 Southlawn Gardens Duromac Partnership 2271 W. Yale Ave . Englewood . CO 80110 S7709 .54 I 971-33-2-04-00 2 2 2 Yale-Tejon Industrial Park Sutton, Kevin & Manyn 2740 S. Vallejo St. Englewood , CO 801 JO $4362 .67 1971-33-2-04-008 8 2 Yale-Tejon Industrial Park County Benningron (2705 S. Tejon St) -do Ed Collins 8400 E. Prentice Englewood., CO 80111 $6521.66 1971-33-2-04-009 W 1/2 2 Yale-Tejon Industrial Park Claridge, Wallnce R. & Helen (2170 W. Yal e Ave .) Jt Ten 6586 S. Crocker St. Littleton, CO 80120 $41 94 .85 I 971-33-2-04-0 10 E 1/2 2 Yale-Tejon Industrial Park Achziger Enterprises, LTD . 2 (2150 W. Yale Ave .) 4681 S. Do wning St. En glewoo d, CO 80110 $438 3.89 l 971-33 -2-04-016 7 2 Yale-Tejon Industrial Park Davis , C. Will iam & Jud ith A. (2727 S. Tejon St.) Jt Ten 21 9 1 W . Amherst Ave. Engle wood , CO 80 110 $2571.03 - """oox _......,.., Name aad Addreu 1911-n-2-1s-001 P..outwell, Jerry & Patricia Ann It Ten 2820 S. Zuni St Englewood. CO 80 I 10 1971-33-2-18-002 Chaner Page, Inc . c/o Fischbach Properties, Inc . 7 Hanover Sq. NY, NY 10004 Paving Dlatrlct No. 37 Au ... mant Roll Lot Block Subdlvilio■ 2 Nadcin Industrial Pan: Natkin Industrial Park (2775 S. Vallejo St) Total .URUmeut $3726.98 $22,517.90 FINAL ASSESSMENT DATA PAVING DISTRICT No. 37 SECTION A (assessable) Contnct construction Complete to date subtoul Legal fees Plus 6% contingencies Interest (4/1/93 to 12/31/94} subtoul TOT AL SECTION A (Assessment Factor 1.15182930) SECTION B (City resp onsibility} Contr.lCt construction Complete to date Est. to complete project {wall $30,000 soil $5 ,000) subtoul Preliminary & construction engine:ring (est .} Hazardous Materi..Js (est .) Techniw services (testing/surveying/arch) (est.) ROW/Jarid ROW acquisition & appraisals Office supplies/postage (est.} Legal advertising (est.} Mi .:el.Laneous supplies/ expenses (est .} subtoul Prepayment TOT AL SECTION B TOT AL SECTIONS A & B $97,302.10 $97,302.10 $2,000 .00 $5,958 .13 $6,815.18 $14,773.31 $112,075.41 $34 ,811.41 $35 ,000 .00 $69,811.41 $13,200.00 $6 ,500 .00 $2,920 .00 $74,653.27 $34,667.05 S100.00 S800.00 $600 .00 S 133,440.32 $57,115.00 $260 ,366.73 $372,442.14 23 Mly84 Revised 31 May 84 Date June 6, 1994 INTllA TED BY STAFF SOUlRCE COUNCll. GOAL COUNCll.COMMUNICATION Agenda Item 12k Department of Public Works Subject Paving District No. 37 Rick Kahrn, Acting Director of Public Works N I A ISSUf/ ACllON PROPOSED Staff seeks Council support for the for :natior, of Paving District Ne-. 37 . Specifically, Council is requested to : • Adopt a bill for an ordinance esta'vli5hing asses! ments fo,· Paving District No. 37. • Adopt a resolution to 111,t'.fy property owners of assessments and to establish a date for a public hearing on assessments . PREVIOUS COUNCIL ACllON Resolution No. 34 , Series of 1993 declaring the intent to create Paving District No. 37 and establishing a public hearing on the formJtion of Paving District No. 37 was adopted and approved on March 15, 1993 . The public hearing on formation of paving District No. 37 was held on April 19, 1993 . Ordinance No . 21 . 1993 creating paving District No . 37 was passed April 19, 1993 . BACKGROUND The purpose of this District was for the construction and installation of street paving, and placement of curb, gutter, and sidewalk to meet City standards, together with necessary incid e ntals . Construction of the District occurred between July, 1993 and September, 1993. FINANCIAL IMPACT ' . . . The City allocated, by Resolution No. 35, 1993, the funds for improvements in the amount e · of $357,000 from the C ity 's General Fund balance. The City's costs for said improvements were estimated to be $229,000. Improvement costs adjacent to private ownership, and subject to assessab le reimbursement, were estimated at $128 ,000 . The final costs based on actual construction costs are as follows : Section A (Assessable) $112,075.41 Section B (Cit¥) $260,366 .73 Total $372,442.14 Through negotiations with staff, &!V era! property owners ag re ed to apply the City's payments to them for righ t-of-w ay acquisitions immediately to their assessments due. Therefore , the City benelits from an immediate pre-payment of more than half of the total assessments due (540 ,955 .48 of $112,075 .41). The City 's p ortion of thi s project is $31 ,000 hi gher than th e original es timate because of the ad~i ti ona l required construction of a fire wall at 2090 W. College Avenue .