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HomeMy WebLinkAbout1993 Resolution No. 032RE OLL'TION NO . j,2_ SE RIES OF 1993 A RESOLUT IO ' DECLAR IN G THE INTENTION OF THE CITY COUNCIL OF ENGLEWOOD. COLO RADO, TO CREATE SPECIAL IMPROVEMENT DISTRICT NO . 36 , ADOPT ING DETAJl.S AND SPECIFICATIONS FOR THE PROPOSEP. DISTRICT, AX D DIRECTING PU Bl.!CATIO N AND MAl ... !N G OF THE NOTICE OF HEARING TO T HE OWNERS OF TH E RE AL PROPERTY IN THE DISTRICT. WH ER EAS, the City Council of Englewoo". Co lorado , has determi ned that it is necessa ry to creat e a locn l or special improvemen\. di strict with in the City for the purpo se of constru-:ting and installing street paving, curb, 1tte r, sidewalk, and storm drainage im prove ments, together with nec essary inci d~ntals , withir. an undeve loped a.res in the City, oil as se t forth in this Resolutio n, and to assess the cost of the improvements against he real p roperty specially bei.cfi te d by the improvements and includ ttl within the di strict: a nd l\"HI::REAS , pu rsuant to the Charter of the City and Title 11 , Chapter 2. of the ~lun icipal Code of th e City , th e City Council ha s dete rmin ed to proceed with the construction a nd installation of such improvements, provided however , that th e City Council shall co nsid er nil proLests a nd obj ect.io ns that may be made in co nnection with the proposed im prove ments, befo re ordering the con struction and installation thereof; and WHEREAS, the propose d project "om,ists of constructing and installing street paving , curb, gutt er, sidewa lk, and stonn drain.'ige improvements, togr:~~er with necessary incidentals, in the district: and WH EREAS , pursuant to a n order of the City Council, the Ci ty l:.:gineer has prepared and filed preliminary plans, specification s, estimates of cost, maps and schedules for the proposed im prov ements: BE IT RESOLVED BY THE CITY COI.NCIL OF THE CITY OF ENGLEWOOD , CO LORAD O: l. The City Council, has determined there e~sts a necessity for the constructi"n and in stallation of street paving, curb, gutter, sidewalk, and storm drainage improvements, together with necessary incidentals, within the districi.y as said dL trict is described if, t.'ie notice h ereinffiter set forth , and to create a local ~r specia l improve menf. di strict for such purpose. 2 . The En ginee r's re ports , t ogether with the preliminary delails, specifications, es tima tes of cost , maps and schedules prepa"d and filed with the City Clerk are hereby a pproved and adopted by the City Council for use in the con struction and installation of the i 'lprovements to be made in said imp rovement District. 3. The materials to be used in the construction or installation of the proi,osed improveme nts a re set forth in the Engineer's reports a nd ge nero11y described in the notice herei n after set forth. 4 . Th e costs of the construction and installati on of the improvements shall be asses sed by ordinance upon all th e real property with in th e district based upon the be nefit con ferr?d by the improvemen t!: upon the realty within the district. If the assessment is not pa id in full within the period oftime set forth in the PROPOSED SCHEDULE FOR PAVING DISTRICT NQJ§ Tuesday , Fe b . 16 . 1993 Monday, Mar. I , 1993 ·rnurs., Mar. 4 , 1993 Friday. Mar. 5 , 1993 Thurs .. Ma r. 11. I 993 Th urs .. Mar. 18 , 1993 Mo nda y, April 5 , 1993 Monday April 5 . 1993 Thu rs .. · April 8, 1993 Monday. April 19 , 1993 Thurs .. April 22, 1993 Monday, May ., .. ~93 Thurs .. May 20, 1993 Wed .. June 2 , I 993 J uly/A.lgust. 1993 Augus September, 1993 Thurs .. September 30, l 993 Saturday. Jan. I , 1994 List of streets and District description available for Council. Consider resolution of intent to form Paving District No. 36. First publication of Notice. Ma il notice of inclu sion in District and p ublic hearing to affected property owner. Second publi cati on of Notice. Third publication of Notice . Pub lic hea ring on formation o f District at 7:30 p .m . Introduction of bill fo r an ordi nance cre~ting the Distri ct. Publ ica tion of bill for ordinance. Pinal reading o f bill for ordinance. Publis h as an ordinance. Es t. da te start of construction (3 0 days ). Ordinance in fu ll fo rce and effect. Est. d ate of completion of construction . Compile assess ments . Assessment process -Ordinance/Public Heari ng/Discount Payment period . Certify assessmen ts to County. First payment due (payab le with property taxes). 5 . 6. assessment ordinance, th en the assessment shall be paya bl e in ten (10) eq uol annual installm ents of assessments, with interest on the unpaid pri r,ci pa l amoun t. The peri od of time for the payment of the assessment in full, th e amounts and times of paym ent of inst.a ilm e nts , and th e rate and times of paym ent of inter es t shall be dete rmined by the City Council and se t forth in the assessment ordinance. Th e r eal pro pe rty to be assessed for th e improvement s shall be the rea l property s pecially benefited by the improvements, which property is located withi n the respective di strict described in the notiee herei nafter se t forth. Notice of the public hearing on th e creation of the District shall be pubii shed once a week fo r three (3) weeks in the Eng le wood Herold, a n ewspape r of gene ral ci rcul ation in the City . In addition , a co py of such notice sha ll he mailed, po stage prepaid , to each known owner of real prop erty within the proposed Di strict. However, such notice of hearing by publication and by mail as well as the hea ring itself. may be waived by a gr ee ment of all property o,..,il e rs within the di stri ct. The published a nd ma il ed notice shall be in substantiolly the following form: NOTICE OF THE INTENTION TO CREATE A SPECIAL LMPl1.0VEMENT DISTRICT IN ENGLEWOOD, 1 "OLORADO , TO BE KNOWN AS SPECIAL IMPR0VEMENT DISTRICT NO . 36, FOR THE PURPO SE OF CONSTRUCTING AND INSTALLING CERTAIN PUBLI C !MPROVE:'.lENTS WITHIN THE CITY AND PROVIDING FOR A PUB LI C HEARING THEREON. All owners of real property hereinafter de scribed, and all persons generolly, are hereby notified that the City Council of Englewood , Colorado, pu..·s uant to it s own initiative has adopted preliminary detail s, plans, and spr,cifications for the con struction and in stallation of street paving, curb, gutter, sidewalk, and sto rm drainage improvements, together with necessary incidentals, within a proposed s pecial impro ve .ent dis trict within the corporate limits of Englewood , Colo rado, to be known as Special Improvement District No. 36 . Said persons are furth er notifi ed as follows : I. DE SCRI PTION OF DISTRI CT AND PROPOSED IMPROV EMENTS. (a) Th e proposed Di strict shall be oll of t he real property frontin g o•· · ,ting on the street betwee n th e term ini hereafter described, includir.g th , • I property "'ithin one-half (l/2) bl oc k of such streets and avenues. Ad,:t!Stuat: its fo r the assessment of costs will be made fo r irregula r and odd -s ha ped lots aad pa rce ls of prope rty. (b) Th e im prover1ents to be co nstructed or installed are ns follows: (!) N, :H..ary gra ding and excavation, 40' wide p•ving with 8" ct'!mpr1ct.e d gravel base courr..l" and 3" asphaltic con crete surface, ca nc ret(; walks , curb and gutter where not already install ed or not meding City standard s; togeth er with appurten ances a nd incide ntal s on the following str eets and ave nu es: 2 From S. Platte R. Dr . Ea st 602' N. ofS. City Limits South City Limits ( c) Th e probable wtal cost of the improvements W be constructed and in stall ed within th e District is $88 ,100. (d ) The probable amou nt of the tota l cost of said improvemen ts which the City shall pay is a pproximacely $52,000. (e) The balan ce of the total cost which is not paid by the City wi ll be ass.ssed aga i•,s t th e real property s pecially benefited by the improvemen'..s. Probable cost ,o e r fro nt or linear foot for said improvem ents are a5 lr,!!ows : 3" Asph nlt Paving -$38 .85 per front foot [asses sad on 40' width , 8" and 3" ba sis ] Type B C, ,cret , (Co ntinuo us Drive Cut) $21.20 per lin ear foot No assessments will be made for cu rbs, gutters, and sidewalk s in pla ce which co nfo rm ""'1 th the plans and specifications for the propo sed imp rovem ents and which are acce ptable to the City Engineer. Property owners are sperifically r eferred to the schedule of proposed asses~ments which will be on fil e in the Office of the Director of Publi c \Vorks, from which the approximate amount to be assessed agains t an y particul ar lot or parcel or prop erty may be determined. (f) The Ci ~ shall by resolution allocate the money for the improvements from th, City's Gener.ii Fund, subject to reimbursem ent by assessment of the entire cost of the project to the benefitted property. (g ) The total costs of the construction and installation of th e improvem ents shall be a ssessed by ordinance upon all th e real prop erty within the District specially benefitted by the improvements. If the assessment is not paid in full ,1,.ithin the period of time set forth in the assessment ordinance , then the assessment s hall be payable in ten (10) equal annual installments of assessmen ts with interest on th e un paid principal amount. The period of tim e for the payment of th~ assessment in full, th e amounts and times of payment of installments, and the rate and ti mes of payment of intere st on the assessed amount shall be determined by the City Coun ci l and set forth in the as sessment ordinance. n. THE HEAR!:-;'G ON THE CREATIO ' OF THE DISTRICT. al A he a ring on the creation of th e di st rict will be held by th e City Council on April 5 , 1993, at 7:3 0 P.M., ill the Counci l Chambers , Ci ty Hall 3400 So uth El ati Street, Englewood , Colora•fo . 3 (Seal\ (b) Any penion desiri ng to be h eard upon the issue of the CTeation of the district or upo n the construction nnd installotion of the imp rovements i nvo lv ed, may ap pear ot the time and place set for the public hearing thereon for that purpose. (c ) A mop , estim ate nnd schedul e ahowi ng the oppro xi mate amount to be assessed. and nil reso lu tions an d procee dings will be on file and con be seen and exami ned by any person interested at the office of th e Director of Pub lic Works at nny time du ring bus iness hours on or prior to the dote of hearing. Dated as of _____ 1993. Publi h in : Englewood Herald otri cia H. Crow, City Cle rk Published on ~l a rch 4th and 11 th and th e 1 th. 1993. i . A copy of the nome which will be publi shed shall also be mailed. postage prepaid, to each k'lown llwner of real pr operty to be inclu ded within the prop osed district. unless such maili ng is waived by agreement of a ll property owne rs within the proposed Distri ct . There shall be prepared an ordi nance creating with in th e corporate limit s of the City , a special improvemen t di strict to be designated as Special Impro vement Di strict No . 36, providing for the construction and in stallation of the imp rovements, all as described in this Re solution . and in acco rdan ce ""'1th the preliminary re port, pl r ris maps, specification s, details and estimates of costs of the Engineer, herein referred to and now on file in the office of the Director of P ublic Works. It is anticipnl<!d that the ordinance will be consi dered for passage on fi rst reading by th e Ci ty Council at a regular meeting thereof to be held on April 5, 1993. 9 . Should any one or more sections, paragraphs, clauses, or provisions of thi s Re so luti on be judicially determined inva lid or unenforce ab le, such dctenni'nation sha ll no t affect. im pair or invalidate the remaining provi sions hereof, the intenti on bei ng that the various provisions hereof are seve rable . ADOPTE D AXD APPROVED this 1st day of March, 1993. ATTEST : I, Patricia H. ,'.:row , City Clerk ro1:crty of Englewood, Colorado, hereby certify the abo,·e is a true copy of Resol ution No. :L___. Serie, of 1993. PUBLJSH : Morch 4, 1993 E:SGLEWOO D HERAL D 5 r::i¼//4 ,t#.fkw 'iatricio H. Crow COCl'ICL COiWMNCII.TJON Date Subject Proposed Paving Dist. 36 March I. 1993 11 e INITIATED BY Department of Public Works STAFF SOlRCE Charles Es terly, Director of Public Works ISSCE/ACTJON l'ROP05ED Staff seeks Coun ci l consideration oi a Resolution of Intent to form Paving District No. 36. l'RE\IICX6 COCl'ICII.. ACTION City Council ori\jinall y included this section of South Platte River Drive East in Paving District 34 , I 99 I. When RTC !>ecame owner of the property adjacent to this street. it became an exempt property and subsequently was excl uded from the District BACKGRO<J'II) Since 1956. the City has been improving its streets to meet minimum City Standards through Paving Improvement Districts. During this period , some 29 dist-icts have been completed , improving approximately 99 miles of streets and 43 alleys. The costs of these improvements are borne by both the adjacent property owners, throu gh specia l assessments levied for work done adjace nt to their properties. and the City, through monies budgeted in the PIF for street and alley intersection work. incidental storm sewer co nstruction, right-of-way acquisition, fence relocati ons . etc. At the I 983 Budget Retreat, Council approved a ten-year paving dis tri ct program to bring all streets. not included in previous districts . up to City Sta ndards . Proposed paving district streets were prese ,1 ted to Council as an accumulation of recommendations from several areas : requests from citizens , petitions. requests from business or industrial property owners. requests from Council. review of past dist-icts , review of maintenance problems and costs , and physical inspections . Pri o r to inclusion in .he list, streets showing signs of distress we re tested fo r thickness of asphaltic concrete and basecourse to determine th e approp.i ate action requ ired . Streets not me eting minimum City Stan dards were proposed for reconstruction and assessment. Streets that were foun d to meet City Standards were not proposed for paving district in clusion, but rather , will be incl uded in a City ove rla y-sealcoat program wher e no assess men ts are levied . The st reet proposed for in clusion in Pavi ng District No. 36 is a street that has not previously been constructed to m in imum City Sta ndard s, and , from testing results. requires total re co nstruction . STAFF ANALYSIS The present pro pe rty o wner o f the a rme r RTC property in the 3300 bloc~ o f South Platte River Drive Ea st desire s to have the roadway ad jacent to his property included ,n a Paving improvement District. TI,is section of South Platte River Drive was orig in ally proposed for inclu sio n in Paving District o. 34 . It was deleted just prior to the fo rm ation of the District because it had gone bac k to the RTC . and. conseq uently, was exempt from special improvement district taxes . We are yet to constru ct the 600 foot sectio n of Pl atte F.iver Drive north of this property because of earlier conflicts with sanitation sewer line construction within our roadway . That wor k is presently schedu led fo r completion this Spring . We would like to incorporate the improvements adjacent to this deve lopment with the contiguous work remain ing under our existing contract. We believe that all of these improvements could be completed by mid-summer. FlNANCIAl.M'ACT It is estimated that S52 .000 will be needed for the City's share of the improvements. $4 0.000 remains ava il able from previ ous appropriations in the PI F. An additional app ropriation of S 12 ,000 will be required from the PIF bal ance to fully fund the City's share . Funding for the developer portion would need to be funde d by Co uncil to facilita te construction under this reco mmended sc hedule . The assessme nt total is esti mated to be $36,100. If bonding were to be utilized fo r the assessable portion of the Di strict. we wo uld have to delay this project for a ove mber vote for that approval. Please refe r to the attached "Proposed Sched ul e fo r !lavi ng Distri ct No . 36" for critica l dates to meet a 1993 construction schedule.