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Home My WebLink About1997 Ordinance No. 062~ " .. ,_ ' -·· . . c ' ' .. ORDINANCE N0&.2- SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO . 64 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE STATE OF COLORADO WHO ARE OWNERS OF PROPERTY WITHIN OR RESIDENTS OF PAVING DISTRICT NO. 38 OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A QUESTION AUTHORIZING THE ISSUANCE OF DEBT TO PAY FOR THE IMPROVEMENTS. WHEREAS, the City Council of Englewood, Colorado , has determined that it is necessary to create a special improvement district within the City for the purpose of providing for the removal and replacement of sub-standard curb, gutter, and sidewalk and the new construction of curb, gutter, and sidewalk improvements, together with necessary incidentals , within the City and to assess part of the cost of the improvements against the real property specially benefited by the improvements and included within the district; and WHEREAS, pursuant to the Charter of the City and Title 11, Chapter 2 of the Municipal Code of the City, the City Council , upon its own initiative, has determined to proceed with the removal and replacement or new construction and installation of such improvements ; and WHEREAS , the City of Englewood, Colorado desires to submit a question to the property owners of the s pecial improvem ent district as set forth in C.R.S . 31-25-534, entitled, Issuing bonds -property specially benefited; and WHEREAS, the City of Englewood and the Arapahoe County Clerk and Recorder are in agreement that procedures may b e implemented to coordinate this issue; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section 1. Pursuant to the provisions of law the City of Englewood hereby submits for a vote of the registered electors of the State of Colorado who are owners of property within or residents of P aving District No . 38 of the City of Englewood at the 1997 General Municipal Election the following issue and the ballots for said election shall carry the following designation which shall be the submission clause: SHALL THE CITY OF ENGLEWOOD 'S DEBT BE INCREASED $970,000, WITH A REPAYMENT COST OF $1,3000 ,000 FOR THE PURPOSE OF FINANCING THE COSTS OF REMOVING AND REPLACING SUBSTANDARD CONCRETE CURB , GUTTER, AND SIDEWALK AS WELL AS INSTALLING ASPHALT PAVING TO MINIMUM CITY SPECIFICATIONS FOR PAVING DISTRICT NO . 38 , BY THE ISSUANCE OF SPECIAL ASSESSMENT BONDS PAYABLE FROM SPECIAL ASSESSMENTS IMPOSED AGAINST BENEFITED PROPERTIES LOCATED WITHIN PAVING DISTRICT NO . 38 , WHICH BONDS SHALL BE ISSUED, DATED, AND SOLD AT SUCH TIME OR TIME AND IN SUCH MANNER AND CONTAIN SUCH TERMS, NOT INCONSISTENT HEREWITH , -1 - 10 b viii AS THE CITY COUNCIL MAY DETERMINE; AND SHALL THE REVENUES FROM SUCH SPECIAL ASSESSMENTS AND ANY EARNINGS THEREON AND FROM THE INVESTMENT OF THE PROCEEDS OF SUCH BONDS CONSTITUTE A VOTER-APPROVED REVENUE CHANGE? YES NO Section 2. Each elector voting at said election and desirous of voting shall indicate his choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used . Section 3 . The proper officials of the City of Englewood shall give notice of said general municipal election, such notice shall be published in the manner and for the length of time required by law , and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Section 4 . If the majority of the registered electors who are owners of property within or residents of the district voting at said election vote yes for said proposition, the City Council shall at the earliest practical and lawful time adopt an ordinance conforming to the affirmative vote of the majority of said registered electors voting at said special election . Section 5 . If a majority of the registered electors who are owners of property within or residents of the district vote no for said proposition, the properties located within the local improvement district shall b e assessed for the improvements with their property taxes . Section 6. If a majority of the registered electors of the City of Englewood vote no for said proposition the City Council shall finance the construction of improvements to the City's water system and water processing equipment including all appurtenant facilities by other methods . Section 7. By approving this Ordinance the City is not stating that special assessments are b y any law taxes . It is the purpose of this Ordinance to address the issue of financing special improvement projects in the most economical manner and to avoid expensive, time consuming litigation and the uncertainties thereof. Section 8 . If any section, paragraph, clause, or other portion of this ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this ordinance . Introduced, read in full , and passed on first reading on the 7th day of July, 1997. -2- , . ;-. ·" ' .. ( . ' Published as a Bill for an Ordinance on the 10th day of July, 1997 . Read by title and passed on final reading on the 21st day of July, 1997 . Published by title as Ordinance No0,-series of 1997 , on the 24th day of July, 1997. I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado , hereby certify that the above and foregoing is a true cop)/'?~ t~e Ordinance passed on final reading and published by title as Ordinance NoW,...Series of 97 . -3- , # ' ..... "" COUNCIL COMMUNICATION Date Agenda Item Subject July 7, 1997 Proposed bill for an ordinance regarding submission to a vote of the 10 q H registered electors of Paving District 38 for issuance of debt for improvements to the district's streets . Initiated By Staff Source Department of Financial Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This bill for an ordinance would submit to the registered voters of Paving District 38 in the City of Englewood a ballot question requesting issuance of $900,000 of bonded debt to finance improvements to the District's streets. The repayment of this debt will take place over ten years , and be paid from special assessments levied against properties in the District. RECOMMENDED ACTION Staff recommends Council approve the attached bill for an ordinance submitting to a vote of the registered voters in Paving District 38 in the City of Englewood to issue special assessment debt. If the ballot initiative is successful it will result in allowing property owners in Paving District 38 to finance improvements over ten years . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood Charter requires a majority affirmative vote of the registered electors in Paving District 38 to issue this debt. Also , all the voters in the City of Englewood will be asked to vote on changes to Section 108 of the City of Englewood Charter. These two ballot questions are linked , as the voters must approve changes to the Charter in order to only have those voters in Paving District 38 vote on this question . If the change to the Charter is not approved, this question may need to be resubmitted to all the voters in the City to issue this debt even though only property owners in the district will be required to make special assessment payments for debt services . The City has the authority to immediately assess propert ies in the District their share of the cost of improvements if this vote is not successful. The project will not be delayed or abandoned if voters fail to approve this option . FINANCIAL IMPACT The estimated cost of improvements should not exceed $900 ,000. If bonding is approved, debt service will be made from special assessments to affected properties in Paving District 38 . Therefore, there will be no direct impact on General Fund resources . LIST OF ATTACHMENTS Proposed bill for an ord inance Prin ted o n Recyc led Paper.~