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HomeMy WebLinkAbout1998 Ordinance No. 054' : ~· • • • ORDINANCE NO. <::if. SERIES OF 1998 BY AUTHORITY COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING PAVING DISTRICT NO . 38 , IN THE CITY OF ENGLEWOOD , COLORADO; ORDERING THE CONSTRUCTION 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 pursuant to the Charter, Chapter 2 of Title 11 of the Municipal Code of the City , and laws of the State of Colorado , found and determined that there existed a necessity for the creation of Paving District No. 38, in the City (the "District"), and the construction and installation of street paving, curb , gutter, sidewalk, and storm drainage improvements , together with necessary incidentals , within the District ; and WHEREAS , the City Council desires to amend Ordinance No. 34, Series of 1997 which was passed in May, 1997 which originally created Paving District No. 38 ; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Section l. Re-creati on of the District. That special improvement district, Paving District No . 38, for the removal and replacement or new construction of the improvements hereinafter described , is hereby re-created and re-established in accordance with the City Charter , Chapter 2 of Title 11 of the Municipal Code of the City, and the laws of the State of Color a do , and shall b e known and designated as "Paving District No. 38". All proceedings, heretofore taken and adopted in connection with the District are hereby ratified, approved, and confirmed. Section 2. En g i n eering Plans and Specifications. That the amended engineer's reports , together with the details , specifications , estimates of cost , maps , and schedules attached or appended to said reports , are hereby approved and adopted. · Section 3. District Boundary. The District shall be located within the corporate limits of the City and shall be comprised of all of the real property adjacent to which the curb , gutter, sidewalk and paving do not meet City standards, which real property may be assessed with the cost of the improvements . A list containing the addresses of said real property is attached hereto as "Exhibit A." -1- 11 bi Section 4. Description of Imp rovements. (a) The proposed District shall include all of the real property fronting or abutting on the street between the termini hereafter described , including the real property within one-half (112) block of such streets and avenues . Adjustments for the assessment of costs will be made for irregular and odd-shaped lots and parcels of property . (b) The improvements to be constructed or installed are as follow s: (1) Necessary grading and excavation, with 8" compacted gravel base course and 3" asphaltic concrete surface, concrete walks , curb On W. Radcliff Ave. W . Stanford Ave . W . Thomas Ave . S. Beverly Dr. S. Garden St. S . Windermere St. W. Prentice Ave . (2) On S. Emerson St. and gutter where not already installed or not meeting City standards; together with appurtenances and incidentals on the following streets and avenues: From S. Windermere St. S. Windermere St. S . Windermere St. W . Tufts Ave . W . Thomas Ave. W . Quincy Ave. S . Windermere T o Cul-de-sac± 360' E . of Navajo Cul-de-sac ± 330' E. of Navajo S. Garden St. W. Thomas Ave. Cul-de-sac± 220' S. of Thomas Ave . W. Tufts Ave. S . Hickory Lane Necessary grading and excavation, with 6" compacted gravel base course and 2" asphaltic concrete surface , concrete walks , curb and gutter where not already installed or not meeting City standards; together with appurtenances and incidentals on the following streets and avenues: From To E . Girard Ave. E. Hampden Ave. (3) Necessary grading and excavation, with concrete street paving; together with appurtenances and incidentals on the following streets and avenues: On From T o W . Jefferson Ave. S. Cherokee St. Alley E. of Cherokee (c) Prior to the removal and replaceme nt or new co n struction of the improveme nts within the proposed district, affected property owners will be allowed a specified time period in which to have said improvements remove d and replaced or co nstructed on their own initiative. (d) The probable total cost of the improvements to be constructed and installed within the District is $1,630,000. -2- • • • .- • • • Paving: (e) The probable amount of the total cost of said improvements which the City shall pay is approximately $730,000. (f) The balance of the total cost which is not paid by the City will be assessed against the real property specifically benefited by the improvements. Probable costs per front or linear foot for said improvements are as follows: 40' width, 8" base , 3" asphalt 30' width, 8" base , 3" asphalt 24' width, 8" base , 3" asphalt 20' width, 8" base , 3" asphalt 32' width , 6" base, 2" asphalt $5 2 .00 F.F. $39 .00 F .F . $34.00 F .F . $27 .00 F.F . $33.00 F.F . Concrete: Monolithic curb , gutter & walk 6" Monolithic curb , gutter & walk 4" Vertical curb & gutter 8" Concrete "V" Pan 4 Ft. wide 8" Concrete Street Paving 4" Sidewalk 6" Sidewalk $51.00 L.F . $46.00 L.F. $22.00 L.F . $23.50 L.F . $68.00 F.F . $ 5.00 S.F. $ 5.50 S .F . No asses sments will be made for curbs , gutters , and sidewalks in place which conform with the plans and specifications for the proposed improvements and which are acceptable to the City. Property owners are specifically referred to the schedule of proposed assessments which will be on file in the Office of the Director of Public Works , from which the approximate amount to be assessed against any particular lot or parcel of property may be determined. Section 5. Improvements Authorized . The removal and replacement or new construction of the improvements described above in and for the District, and as shown by the amended plans , specifications , and maps as approved and adopted by the City Council, is hereby authorized and ordered. The material to be used in the removal and replacement or new construction of said improvements is to be in accordance with such plans , specifications , and maps . Section 6. Assessment of Costs. The probable total cost of the improvements to be removed, replaced, or constructed within the District is $1,630 ,000; it is proposed that the City of Englewood will pay approximately $730 ,000 of said total cost . The balance of the total cost which is not paid by the City of Englewood will be assessed against the real property located within the District and specially benefited by removal and replacement or new construction of the improvements . The approximate amounts to be assessed against said properties on a front foot , line ar foot , or square foot basis shall be as more particularly set forth in this Amended Ordinance, Series of 1998 ; said unit costs are incorporated herein by specific reference . -3- Section 7 . Payment of Assessments. The costs of the removal and replacement or new construction and installation of the improvements, less that portion which is paid by the City, shall be assessed by ordinance upon all the real property within the district based upon the benefit conferred by the improvements upon each parcel of realty within the district. If the assessment is not paid in full within the period of time set forth in the assessment ordinance , the amount and time of payment, and the rate and time of payment of interest shall be determined by the City Council as set forth in the assessment ordinance . Section 8. Benefits. The City Council hereby finds and determines that the improvements proposed to be removed and replaced or constructed will confer a special benefit upon the real property within the District and a general benefit upon the City as a whole. Section 9 . Severability. If any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid , such judgment shall not affect , impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable . Section 10. Repealer . All ordinances, or parts thereof, inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict. Section 11. Publication and Effective Date . This Ordinance , after its final passage , shall be numbered and recorded, and the adoption and publication shall be authenticated by the signature of the Mayor and the City Clerk, and by the Certificate of Publication. At or about the time of publication of this Ordinance , a copy of this Ordinance shall be provided to the County Assessor and the County Treasurer of Arapahoe County and to the Division of Local Government in the Department of Local Affairs of the State of Colorado . This Ordinance shall become effective thirty (30) days after publication following final passage. Introduced, read in full , and passed on first reading on the 20th day of July, 1998. Published as a Bill for an Ordinance on the 24th day of July, 1998. A Public Hearing was held on August 17, 1998 . Read by title and passed on final reading on the 17th day of August, 1998. Published by title as Ordinance No.~ Series of 1998, on the 21st day of August, 1998 . -4- ' • • • ,- • • I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado , hereby certify that the above and foregoing is a true cop;t.,</f the Ordinance passed on final reading and published by title as Ordinance No . 2f, ~ J, Cit,. . Loucrishia A. Ellis -5- ~ PPI Situs-ID • 1971-35-3-23-032 HAMPDENA VEE851 1971-35-3-23-033 EMERSONSTS3475 1971-35-3-23-034 EMERSONSTS3435 1971-35-3-23-037 EMERSONSTS3401 1971-35-3-23-038 CLARKSONSTS3426 1971-35-3-24-001 EMERSONSTS3444 • 1971-35-3-24-009 EMERSONSTS3446 1971-35-3-24-012 HAMPDENA VEE955 1971-35-3-24-013 El\1ERSONSTS3496 1971-35-3-24-014 NO ADDRESS 2077-03-2-02-011 CHEROKEESTS3610 2077-03-2-02-012 CHEROKEESTS3612 • 2077-03-2-02-013 CHEROKEESTS3620 Name and Address Columbia HealthOne LLC 4643 S. Ulster St #1200 Denver, CO 80237-2853 Columbia HealthOne LLC 4643 S. Ulster St # 1200 Denver, CO 80237-2853 Columbia HealthOne LLC 4643 S. Ulster St #1200 Denver, CO 80237-2853 Craig Hospital 3425 S. Clarkson St Englewood, CO 80110-2811 Craig Hospital 3425 S. Clarkson St. Englewood, CO 80110-2811 Columbia HealthOne LLC 4643 S. Ulster St #1200 Denver, CO 80237-2853 Columbia HealthOne LLC 46 43 S. Ulster St #1200 Denver, CO 80237-2853 Co lumbia HealthOne LLC 4643 S. Ulster St #1200 Denver, CO 80237-2853 Columbia HealthOne LLC 4643 S. Ulster St #1200 Denver, CO 80237-2853 Columbia HealthOne LLC 4643 S. Ulster St #1200 Denver, CO 80237-2853 James R. Sullivan 3610 S. Cherokee St Englewood, CO 80110-3526 Timothy G. Creedon 3612 S. Cherokee St. Englewood, CO 80110-3526 Donald A. & Betty J. Joyce, IT TEN 3910 S. Galapago St Englewood, CO 80110-4523 Page I j..w.1/Y7 11:114AM E x H I a I T A PPI Situs-ID Name and Address Michael B. Fehervary 3630 S. Cherokee St. • 2077-03-2-02-014 CHEROKEESTS3630 Englewood. CO 80110-3526 Glen D. Werner 3638 S. Cherokee St. 2077-03-2-02-015 CHEROKEESTS3638 Englewood. CO 80110-3526 Maxine M. Molner & Linda L. Unger, IT Ten 3642 S. Cherokee St. 2077-03-2-02-016 CHEROKEESTS3642 Englewood. CO 80110-3526 Mike Lee Cooper 252 W. Jefferson Ave. 2077-03-2-14-017 JEFFERSONA VEW262 Englewood. CO 80110-3535 John H. & Joyce Wise , IT TEN 3105 S. Gilpin St. 2077-03-2-14-018 CHEROKEESTS3644 Englewood. CO 80110-3022 l..-1ly Ui .Cil ~Jt::.,uuu. Utilities Department CITY DITCH 3400 S. Elati NO ADDRESS Englewood. CO 80110 Harold J. Corah 4021 S. Fox St. • 2077-03-2-14-019 CHEROKEESTS3650 Englewood. CO 80110-4562 Glenview LID 4300 Windermere St. 2077-09-1-00-001 WINDERMERESTS4300 Englewood. CO 80110-5539 JUliil '-'· l.,,U}I. % Van Schaak Property Management 7730 E. Belleview Ave. #210 2077-09-1-00-022 RADCLIFF A VEW1401 Englewood. CO 80111-2605 Lone Star Plywood & Door Corporation 425 Airline Dr. #200 2077-09-1-00-035 WINDERMERESTS4460 Coppell, TX 75019-4608 Windsor Industries, Inc. 1351 W. Stanford Ave. 2077-09-1-00-03 7 STANFORDA VEW1351 Englewood. CO 80110-5533 Windsor Industries, Inc. 1351 W. Stanford Ave. 2077-09-1-00-038 STANFORDA VEW1301 Englewood. CO 80110-5533 Noyes & Lamb Limited Liability Company 4590 Winderemere St. • 2077-09-1-00-041 WINDERMERESTS4590 Englewood. CO 80110-5541 Page 2 ~ • PPI Situs-ID 2077--09-1--00--047 RADCLIFF A VEW1300 2077-09-1--00-048 RADCLIFF A VEW1252 2077--09-1--00-069 WINDER11ERESTS4550 2077--09-1-00-070 STANFORDA VEW1582 2077-09-1-00-073 NO ADDRESS 2077-09-1-00-07 4 STANFORDA VEW1401 • 2077-09-1-00-075 WINDER11ERESTS4390 2077-09-1-00-07 6 NO ADDRESS 2077-09-1-16-006 TUFTSA VEW1510 CDOTLOTS ALONG CURVE 2077-09-1-16-010 THOMASA VEW1515 2077-09-1-17-004 GARDENSTS4640 2077-09-1-17-005 GARDENSTS4650 Name and Address Windsor Industries, Inc. 1351 W. StanfordAve. Englewood, CO 80110-5533 Windsor Industries, Inc. 1351 W. StanfordAve. Englewood, CO 80110-5533 Lone Star Plywood & Door Corporation 425 Airline Dr. #200 Coppell, TX 75019-4608 Windsor Industries, Inc. 1351 W. Stanford Ave. Englewood, CO 80110-5533 Windsor Industries, Inc. 1351 W. Stanford Ave. Englewood. CO 801 10-5533 DMH Properties LLC 1401 W. Stanford Ave. Englewood, CO 80110 Renaud Inc. 4390 Windermere St Englewood. CO 80110-5539 Renaud Inc. 4390 Windermere St Englewood, CO 801 10-5539 Joe R. & Barbara A. Zylstra, IT TEN 1510 W. Tufts Ave. Englewood, CO 80110-5538 \...UIUlaUU u .. p ... 1.uu;u1. Ul u~pUll..<lUUU 2000 S. Holly Street Denver, CO 80222 Attn: Paul Forster IJ 1Y1 °"' J w•c:>UJ..1cu~, w~. % Daniel F . Haney 1495 W. Thomas Ave. Englewood, CO 80110-5577 .c.:.141.c; u1 .l.:.lilc:.1. r. nuu:r 510 Powderhom Dr. Monument, CO 80132-8422 Charles C. Haney 3322 W. Aksarben Ave. Littleton, CO 80123-i924 Page 3 j~ ll:!M-'M PPI Situs-ID 2077--09-1-17--006 GARDENSTS4654 2077--09-1-17--015 GARDENSTS4660 2077--09-1-17-022 11JFTSA VEW1470 2077-09-1-17-023 TIIOMASA VEW1493 2077-09-1-23-013 TIIOMASAVEW 1500 2077-09-1-23-005 TIIOMASA VEW1480 2077-09-1-23-006 TIIOMASA VEW1470 2077-09-1-23-011 NO ADDRESS 2077-09-1-23-012 WINDERMERESTS46 l 0 2077-09-1-24-001 NA V AJOSTS4501 2077--09-1-24-002 NO ADDRESS 2077--09-1-24-003 NA V AJOSTS4541 2077--09-1-25-002 STANFORDA VEW1312 Name and Address Garden Lane Warehouses 4654 S. Garden Ln. Englewood., CO 80110-5548 Harold Ausfahl. et al. 600 Watson Ln. Littleton. CO 80123-2902 Antonio & Assunta Bovenzi. IT TEN 2111 S. Harlan St Lakewood, CO 80227-3617 l\...il4ltc::i '-· ni:11..lcy % Good Decal Co . 1495 W. Thomas Ave. Englewood. CO 80110-5577 J M & J Investments , Inc. 1495 W. Thomas Ave. Englewood. CO 80110-5577 Mildred G. & Mary S. Harr, IT TEN 6818 S. Elizabeth St. Littleton, CO 80122 L T R Partnership 1470 W. Thomas Ave . Englewood., CO 80110-5544 Jack & Virginia Nelligan, IT TEN 4675 S. Windennere St Englewood, CO 80110-5542 Verne S. & Mary Porter, IT TEN 1460 W. Tufts Ave. Englewood., CO 80110-5536 H & B Enterprises 4501 S. Navajo St Englewood., CO 80110-5529 H & B Enterprises 4501 S. Navajo St Englewood., CO 80110-5529 United Maching Inc. 4541 S. Navajo St Englewood. CO 80110-5529 Windsor Industries, Inc. 1351 W. Stanford Ave . Englewood. CO 80110-5533 Page 4 j..wlm 11 :04AM • • • • PPI Situs-ID 2077-09-1-25-003 NA V AJOSTS4520 2077-09-1-25-006 NA V AJOSTS4500 2077-09-1-25-007 NA V AJOSTS4500 2077-09-1-26-002 WINDERMERESTS4450 2077-09-1-27-003 NO ADDRESS • 2077-09-1-27-004 NO ADDRESS 2077-16-1-00-010 NO ADDRESS 2077-16-1-00-016 BELLEVIEW A VEW1200 • Name and Address James L. Popish & Jeannie M. Holtz 6670 Crestbrook Dr. Morrison. CO 80465-2232 Navajo Enterprises 4500 S. Navajo St Englewood. CO 80110-5530 Navajo Enterprises 4500 S. Navajo St Englewood. CO 80110-5530 Charles K. & Rosetta M. Angle 801 E. Dogwood Ave. Littleton , CO 80121-2423 Windsor Industries , Inc. 1351 W. Stanford Ave. Englewood. CO 80110-5533 Windsor Industries. Inc. 1351 W. Stanford Ave. Englewood. CO 80110-5533 South Suburban Parks & Recreation District 6631 S. University Blvd. Littleton, CO 80121-2973 South Suburban Parks & Recreation District 6631 S. University Blvd. Littleton. CO 80121-2973 Page 5 j...wJm l1:04AM • • • COUNCIL COMMUNICATION Date Agenda Item Subject Ordinance Amending, Re- creating, and re-establishing July 20, 1998 11 a i Paving District No. 38 Initiated By Staff Source Department of Public Works Charles Esterly, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Resolution No. 40 on March 17, 1997, declaring the City's intent to form Paving District No. 38, and Ordinance No. 34, 1997, creating Paving District No . 38 . RECOMMENDED ACTION Staff seeks Council approval of an ordinance amending, re-creating, and re-establishing Paving District No. 38. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Construction cost estimates for Paving District No. 38 were prepared by staff in February, 1997, and included in Resolution No. 40, March 17, 1997 declaring the City's intent to form Paving District No. 38. Recent bids for the construction of Paving District No . 38, opened June 18, 1998, have reflected highly inflated costs in the construction industry, driven by labor shortages and cement shortages, that have caused concrete unit prices to increase approximately 50% over the past 18 months. These increased costs would cause many property owners in Paving District No. 38 to receive assessments far exceeding estimates published during the 1997 formation of Paving District No. 38. Staff believes that it is necessary to amend Ordinance No. 34, 1997, that created Paving District No . 38 to address the actual costs associated with the construction of Paving District No. 38. Staff asks for approval of the ordinance amending, re-creating, and re-establishing Paving District No. 38 on first reading July 20, 1998. Staff recommends a Public Hearing on the ordinance on Monday, August 17, 1998. To facilitate beginning construction of this project during 1998 , and consequently taking advantage of the bid process for this project from June, 1998 , staff asks Council to vary from its normal procedure and also consider approval of the ordinance on final reading at the August 17, 1998 Council meeting. Such a variance would allow for award of a construction contract at the September 20, 1998 meeting and precipitate six to eight weeks of productive construction on the project in 1998. The balance of work would be completed in the Spring of 1999. The low bidder , Concrete Works of Colorado, has agreed to this amended construction schedule. FINANCIAL IMPACT Paving District No. 38 is scheduled for construction during the fall of 1998 and spring of 1999. Funding for the City 's portion of the project, in the amount of approximately $730,000 of which currently $520,000 is budgeted in the 1997 and 1998 PIF. The assessment total will be approximately $860,000 $900,000 which includes legal fees, contingencies, etc., bringing the project total to $1,380,000 $1,630,000 . An additional appropriation of $210 ,000 from the Pl F is required to proceed with this project. LIST OF ATTACHMENTS Council Bill No. 38 , Series of 1997 Proposed Bill for an Ordinance • • • • • • ORDINANCE NO. 34 SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE CREz\TING AMENDING PAVING DISTRICT NO. 38, IN THE CITY OF ENGLEWOOD , COLORADO ; ORDERING THE CONSTRUCTION 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 pursuant to the Charter, Chapter 2 of Title 11 of the Municipal Code of the City, and laws of the State of Colorado, hc1·eby finds FOUND and determines DETERMINED that there exists a necessity for the creation of Paving District No . 38 , in the City (th e "District"), and the construction and installation of street paving, curb , gutter , sidewalk, and storm drainage improvements, together with necessary incidentals , within the District; and WHEREz\8 , the City Council has determined to p1·ocecd with the creation of the District and the construction of the improvements '.Vithin the District, as described in Resolution No . 40, Series of 1997 , passed and adopted by the City Council on March 17 , 1997; 1\ND WHEREAS , THE CITY COUNCIL DESIRES TO AMEND ORDINANCE NO . 34, SERIES OF 1997 WHICH WAS PASSED IN MAY , 1997 WHICH ORIGINALLY CREATED PAVING DISTRICT NO . 38; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. RE-Creation of the District. That ft special improvement district, PAVING DISTRICT NO. 38, for the removal and replacement or new construction of the improvements hereinafter described, is hereby created and established RE-CREATED AND RE-ESTABLISHED in accordance with the City Charter, Chapter 2 of Title 11 of the Municipal Code of the City, and the laws of the State of Colorado , and shall be known and designated as "Paving District No. 38". All proceedings, heretofore taken and adopted in connection with the District are hereby ratified, approved, and confirmed. S e ction 2. Engineering Plans and Specifications. That the AMENDED engineer's reports, together with the preliminary details, specifications , estimates of cost, maps, and schedules attached or appended to said reports , are hereby approved and adopted. Section 3. District Boundary. The District shall be located within the corporate limits of the City and shall be comprised of all of the real property adjacent to which the curb , gutter , sidewalk and paving do not meet City standards , which real property may be assessed with the cost of the improvements . A list containing the addresses of said real property is attached hereto as "Exhibit A ." -1 - Section 4 . Description of Improvements. (a) The proposed District shall include all of the real property fronting or abutting on the street between the termini hereafter described, including the real property within one-half (112) block of such streets and avenues. Adjustments for the assessment of costs will be made for irregular and odd-shaped lots and parcels of property. (b) The improvements to be constructed or installed are as follows: (1) Necessary grading and excavation, with 8" compacted gravel base course and 3" asphaltic concrete surface, concrete walks, curb On W. Radcliff Ave. W. Stanford Ave . W. Thomas Ave. S. Beverly Dr. S . Garden St. S. Windermere St. W. Prentice Ave. and gutter where not already installed or not meeting City standards ; together with appurtenances and incidentals on the following streets and avenues: From S. Windermere St. S. Windermere St. S. Windermere St. W. Tufts Ave. W. Thomas Ave. W. Quincy Ave. S. Windermere To Cul-de-sac±~ 360' E. of Navajo Cul-de-sac± 330' E. of Navajo S. Garden St. W . Thomas Ave . Cul-de-sac± 220' S. of Thomas Ave . W. Tufts Ave. S. Hickory Lane (2) Necessary grading and excavation, with 6" compacted gravel base course and 2" asphaltic concrete surface , concrete walks, curb On and gutter where not already installed or not meeting City standards; together with appurtenances and incidentals on the following streets and avenues : From To S. Emerson St. E . Girard Ave. E. Hampden Ave. On (3) Necessary grading and excavation, with concrete street paving; together with appurtenances and incidentals on the following streets and avenues: From ~~~T~o"'--~~~~~ W. Jefferson Ave . S. Cherokee St.Alley E. of Cherokee (c) Prior to the removal and replacement or new construction of the improvements within the proposed district, affected property owners will be allowed a specified time period in which to have said improvements removed and replaced or constructed on their own initiative. (d) The probable total cost of the improvements to be constructed and installed within the District is $1 ,380,000 $1,630 ,000 . -2- • • • • • • Paving: (e) The proba ble amount of the total cost of said improvements which the City shall pay is approximately $620 ,000 $730,000 . (f) The balance of the total cost which is not paid by the City will be assessed against the real property specifically benefited by the improvements. Probable costs per front or linear foot for said improvements are as follows: 40' width, 8" base , 3" asphalt 30' width, 8" base , 3" asphalt 24' width, 8" base , 3" asphalt 20 ' width, 8" base , 3" asphalt 32' width, 6" base , 2" asphalt $~52.00F .F . $~39.00 F.F . $~34.00 F .F. $~ 25.00 F .F . $~ 33.00 F.F . Concrete: Monolithic curb , gutter & walk 6" Monolithic curb, gutter & walk 4" Vertical curb & gutter 8" Concrete "V" Pan 4 Ft. wide 8" Concrete Street Paving 4" Gttt'bwfilk I SIDEWALK 6" Gttt'bwfilk I SIDEWALK $~51.001.F. $~46.00 L .F . $~22.00 L .F . $23 .50 L .F . $~68.00 F .F. $31.00 L.F . 5.00 S .F . $33 .00 L.F. 5.50 S .F. No assessments will be made for curbs, gutters , and sidewalks in place which conform with the plans a nd specifications for the proposed improvements and which are accepta ble to the City . Property owners are s pecifically referred to the schedule of proposed assessments which will be on file in the Office of the Director of Public Works , from which the approximate amount to be assessed against any particular lot or parcel of property may be determined. Section 5 . Improvements Authorized. The removal and replacement or new construction of the improvements described above in and for the District, and as shown by the AMENDED plans , specifications , and maps AS approved and adopted by the City Council, is hereby authorized and ordered. The material to be used in t he removal and replacement or new construction of said improvements is to be in accordance with such plans , specifications , and maps . Section 6. Assessment of Costs. The probable total cost of the improvements to be removed, replaced, or constructed within t he District is $1 ,380 ,000 $1,630,000 ; it is proposed that the City of Englewood will pay approximately 8520 ,000 $730,00 of said total cost. The balance of the t otal cost which is not paid b y the City of Englewood will be assessed against the real property located wi t hin t he District and specially benefited by removal and replacement or new constructio n of the improvements . The approximate amounts to be assessed aga ins t s aid properties on a front foot , linear foot , or square foot basis shall be as more partic ularly s et forth in Resolution No.40 , Series of 1997 THIS AMENDED ORDI NAl."\l"C E , SERIES OF 1998 ; said unit costs are incorporated herein b y specific reference . -3- Section 7. Payment of Assessments. The costs of the removal and replacement or new construction and installation of the improvements , less that portion which is paid by the City, shall be assessed by ordinance upon all the real property within the district based upon the benefit conferred by the improvements upon each parcel of realty within the district. If the assessment is not paid in full within the period of time set forth in the assessment ordinance , the amount and time of payment, and the rate and time of payment of interest shall be determined by the City Council as set forth in the assessment ordinance. Section 8. Benefits . The City Council hereby finds and determines that the improvements proposed to be removed and replaced or constructed will confer a special benefit upon the real property within the District and a general benefit upon the City as a whole. Section 9. Sever ability. If any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 10. Repealer . All ordinances, or parts thereof, inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict. Section 11. Publication and Effective Date . This Ordinance , after its final passage , shall be numbered and recorded , and the adoption and publication shall be authenticated by the signature of the Mayor and the City Clerk, and by the Certificate of Publication. At or about the time of publication of this Ordinance , a copy of this Ordinance shall be provided to the County Assessor and the County Treasurer of Arapahoe County and to the Division of Local Government in the Department of Local Affairs of the State of Colorado. This Ordinance shall become effective thirty (30) days after publication following final passage. Introduced, read in full, and passed on first reading on the 5th day of May, 1997 . Published as a Bill for an Ordinance on the 8th day of May, 1997. Read by title and passed on final reading on the 19th day of May , 1997. Published by title as Ordinance No._, Series of 1997, on the 22nd day of May, 1997 . Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk -4- • • • • • • 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._, Series of 1997. Loucrishia A. Ellis -5-