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HomeMy WebLinkAbout1997 Resolution No. 040.. • • • kll:SOLUTION NO . J.Q_ SERIES OF 1997 A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF ENGLEWOOD , COLORADO, TO CREATE PAVING DISTRICT NO. 38, ADOPTING DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT, AND DIRECTING PUBLICATION AND MAILING OF THE NOTICE OF HEARING TO THE OWNERS OF THE REAL PROPERTY IN THE DISTRICT . WHEREAS, the City Council of Englewood, Colo rado, baa determined that it is necessary to create a paving district within the City for the purpose of constructing and instoUing street paving, curb , gutter, sidewalk, and storm drainage improvem ents , together with necessary incidentals , within an undeveloped area in the City, all as set fo rth in this Resolution, and to ass ess the cost of the improvements against the real property s pec ially 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 bas determined to proceed with tho construction and instal lation of such improvements, provided however, that the City Council shall con s id er all protests and objections that may be made in connection with the proposed improvements, before ordering the construction and installation thereof; and WHEREAS , tha proposed project co nsists of constructing and installing street paving, curb, guner, sidewalk, and storm drainage impro,,ements, tog ethe r with necessary incidentals, in the district; and WHEREAS, pursuant to an order of the City Council , the Directo r of Public Works has prepared and filed preliminary rlans, specifications, esti mates of cost, maps a nd schedules for the proposed imp ro·,ements; BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD . CO LORADO: 1. The City Co un cil has dete rmin ed there exists a necessity for th e co nstruction and installation of street paving, curb, gutter, sidewalk, and storm drainage improvements, together with necessary incidentals, within the dis trict, ns said district is described in th e notice hereinafter set forth, and to create a paving district for suc h purpose. 2. The Engi neer's reports, together with th e preliminary detail s, specifications, estimates of cos t , ma ps and schedules prepared and filed with the City Clerk are h ereby approved and adopted by the City Co uncil fo r u se in the construction and insto il ation of the improv e ments to be made in said im proveme nt District. 3. The materials to be used in th e construction or installation of the µropoGed improvements ore se t forth in the Engineer's re ports and are general ly described in th e notice he reinaft er set forth. 4. The costs of t he removal :i nd repl acement or new co nstru ctio n and installation of the improv e me nts, less that portion whic h is paid by the City, shall be assessed, by ord inance, upon ail the rea l property within the district based upon the benefit c:onfe rred Ly the improve ments upon each parce l of realty within the district. If the asse·.is mcnt is not pai d in full within the period oftime set forth in th e assessment ordinance, the amoimt IIDd time of payment, and the rate and time of payment of intereet shall be cfoll;erm;ned by the City Council as set forth in the aaoesoment ordinance . b. The real property CD be ltUe88ed for the improvements shall be the real property Bpecially benefited l,y tbe improvements, which proverty i• located within the reapective diotrid dee<ribed in the notice he~r •et forth . 6. Notice of the pub&:bearingon the creation of the District ohall be publiohed once a week for three (3 ) ..-eeks in the Englewood Herald, a newspaper of general circulation in the City. In addition, a copy of such notice shall be mailed , postage prepaid, t.o each lc::rown owner of real property within the proposed District. However, such nootiice of hearing by publication and by mail as well os the hearing itself, may be w.;..ed by agreement of all property owners within the district. The published and mailed notice •hall be in substantially the following form : NOTI CE OF THE liNTE.>i'TION TO CREATE A PAVING DISTRICT IN ENGLEWOOD, COLORADO , TO BE KNOWN AS PAVING DISTRICT NO. 38, FOR THE PURPOSE OF CONSTRUCTING AND INSTALL!NG CERTAIN PUBLIC IMPROVEMENTS WITHIN THE CITY AND PROVID~G FOR A PUBLIC HEARING THEREON. All owners of real property hereinafter described, and all persons generally, are h erebv notified that the City Cocncil of Englewood , Colorado, pursuant to its own initiative has adopted preliminary det:!ils, plans, and specifications for th e construction and in stallation of street pa,i:ng, curb , gutter, sidewalk, and storm drs.inage improve ments , together wit h necessary E:ncidental s, within a proposed paving district within the corporate lim its of Englewood , Co b ad o, to be known as Pavin g District No . 38 . Said perso ns nre further notified as fo U-s: I. DESCRIPTION O F DISTRICT AND PRO POSED IMPROVEMENTS . (a ) The propoe,,,d District shall include all of the real property fr onting or a butting ou ,:be stt-eet between the termini hereafter described , includin g the real propeny within one-half (1/2) bl oc k of such streets and avenu es . Adjustmei:.15 for the assessment of costs will be mode fo r irregu lar and odd· s haped lot$ and parcels of prope rty . (b I The impro.,.ements to be constru cted or installed are as fo ll ows: (l) Necessary gradin g and excavation , with 8" co mpact"d grove l bnse cour.?-and 3" as ph altic co ncrete surface, co ncrete walks , cur b nnd gutte where not already install ed or no t meeting City stand ards ; toge1ittleT with appurtenances and incidenta ls on th e fo11 owi ng streels an d avenues: 2 • • • • • • W. Radcliff Av e. W. Stanford Ave . W. Thomas Ave . S. Bev erly Dr. S . Garden St. S . Windermere St. W. Prentice Ave . Frnm S . Windermere St. S. Windermeru St. S. Winderm ere St. W. Tufts Ave. W. Thomas Ave . W. Quincy Ave . S. Windermer e Cul-de-sac ± 600' E. afNav,vo Cul-de-sac ± 330' E. afJNavajo S. Garden St. W. Thomas Ave. Cul-d e-sac ± 220' $_ af"I'homu W. Tufts Ave . S. Hickc,ry Lane (2) Necessary grading and excava~on , with 6" co mpacted gnvel base co urse and 2" asphaltic concrete surface, concrete -...iks,. rt:UJ"b and gutter where not already installed or not meeting City !llilandards; toge ther with appurtenances and incidentals on the foDGOl'lllg streets and avenues: S. Emerso n St. From E . Girard Av e. E . Hampden Ave . (3) Necessary grading and excavation , with street concrete paving; together with appurumances and incidentals on the follmring streets and avenu es: W. J effer son Ave. From S . Cherokee St. Alley E. of Ch erokee (c) Prior to the removal and replace m:a nt or new construction oftfM, improvements within the pro posed dis trict, affected property osners will be a ll owed a s pecified time peri od in which to ha\'e said improvec.ents remov ed nnd repl aced or co nstruct ed on th eir own initiative . (d ) The probable total cost of the imp rovements to be constructed =d installed within the Di strict is $1,463,400 . ( e) The proba bl e amount of the total cost of said improvem en ts whidi the City s hal l pay is a pproxi mately $5 16,800 . ( fl The balance of the total cost which is not paid by the City will b.. assessed against the real property speci fically benefited by the imPT'O""""ents. Proba bl e costs pe r front or linear foot fo r sai d improvements a::-e as foll ows: Paving : Concrete: 40' width, 8" base, 3" as phalt 30' width , 8" base, 3" asphalt 24' width, 8" base, 3" asphalt 20' width, 8" base, 3" asphalt 32' width, 6" base, 2" asphalt Monolithic curb , gutter & walk 6" Monolithic curb, gutter & walk 4" Vertical curb & gutter 8" Conc rete "V" Pan 4 Ft . wide 8" Concrete Street Pnving 3 $54 .25 F.F . $40 .75 F.F. $32 .5 0 F.F. S27 .00 F.P. S32 .50 F.F $33.00 FF $30.00 FF. $16 .25 FF S23 .50 F.F $72 .00 F.F. No aueumenta will be made for curbs, gutters, nnd sidewalks in place which • conform with the l)l&na and 1pecificatioo1 for the proposed improvementa and which are acceptable to the City. Property ownera are specifically referred to the schedule Jf proposed asae11menta which will be on file in the Office of the P.;rector of Public Works, from which the approximate amount to be ,..,essed against any particular lot or pai<el of property may be determined. (g) The costs of the removal and replacement or new construction and installation of the improvementa, Iese that portion which is paid by the City, shall be essessed by ordinance upon all the real prop er:y within the district based upon the benefit conferred by the improvementa upon each parcel of realty within the district. If the essesameot is not paid in full within the period of time set forth in the essessmeot ordinance, the amount and time of payment, and the rate and time of payment of interest •hall be determined by the City Council es set forth in the essessment ordinance. ll_ THE HEARING ON THE CREATION OF THE DISTRICT . (a l A hearing on the creation of the district will be held by the City Council on .,.,ril 2 1, 1997, al 7:3 0 P.M., in the Council Cham bers, City Hall 3400 Sou th Elat.i Street, Englewood , Colorado. (b , Any perso n desiring to be h eard upon the issue of the creation of the district or upon the construction and installation of th e imp rove ments involv ed, may appear at the time and place set for the publi c hearing thereon fo r that purpose. 7. A copy of the notic e which will be published shall also be ma il ed , postage prepa id , to each known owner of real property to be included within the proposed district. unless such mailing is waived by agreement of all property owners within th e proposed Di s trict. 8. There shall be prepared an ordin ance which crea tes within the corporate limits of the City, a paving district to be des ignated as Pnving Di strict No. 38; nnd which provides for the construction and installation of the improvements, all as described in this Resolution, and in acco rd anc e with th e pre liminary report , plans, mnp s, specifications, details and estim ates of costs of the Engineer, herein referred to and n ow on fil e in the office of the o;recto r of Public Works. It is anticipated that the ordmance will be considered for passage on fir st reuding by the City Council at a regu lar meeting thereof to be held on Moy 5, 1997. 4 • • .. • • 9. Should any one or more sectiom, paragraphs, clauaes, or provisions of this Resolution be judicially determined! invalid or unmforceable, such de termination shall not affect, impair or invalidaa ~ remaining provi ■ions hereof, the intention being that the various (Jl'tWisions hereof are severable. ADOPTED AND APPROVED this 17th day of March, 1997. ~t[~ Loucris hi a A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk fo r the City of "">glawood , Colorado, hereby ce rtify t he abov e is a true copy of Reso lu tiun No .'t/l, Series c·.' !~~ ~- i..oucrishia A. Ellis Pub li sh in : Englewood Herald Published on March 27 , 1997 and April 3, 199'"". and April 10, 1997 . 5