Loading...
HomeMy WebLinkAbout1993 Resolution No. 034RF.SOLUTION NO . .J:l SERIES OF 1993 A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF ENGLEWOOD, COLORADO, TO CREATE SPECIAL IMPROVEMENT DISTRICT NO . 37 , ADOPT ING DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT, AND DIRECTING PUBLICATION AND MAILING OF THE NOTICE OF HEARI NG TO THE OWNERS OF THE REAL PROPERTY IN THE LISTRICT. WHEREAS, th e City Council of Englewood, Colorado, hu determined that it is necessary to create a local or special improvement district within the City for the purpose of constructi ng and installing street paving, curt. g <ter, sidewalk, and storm <l reinage improveme nt s, togethe r with necessary incidentals, within an undeveloped area in the Ci ty, all as set forth in this Resolution, and to aness the cost of the improvements again st th e real property sp •cially benefited by the improvement. and included within the distr ict ; a nd WHEREAS , pursuant to th• Charter of the City and Title 11 , Chapter 2, of th e Municipul Co de of the City , the City Council ha s determined to proceed with the construction and ins tall atio n of su ch improvem ents, provided however1 that the City Council shall consider all pr otests and objections that may be ma<!e in connection with the proposed improvements , before ord ering the con stnic tion and installation thereof; and WHEREAS, the propose d proj ect consists of constructing and installing street paving, cur b, gutter , sidewalk, and storm drainage imp r ovements, together with nec essary inrident Als, in the district; and WHEREAS, pursuant to an order of the City Council, the City Engineer has prepared and fJled preliminary plans, specifications, estimates of cost, maps and schedules for the pr opo sed improv ements: BE IT RE SO LVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLO RADO : I. The City Council ha s detetmined th ere exists a necessity for the con struction and installation of street paving, curb, gutter, sidewalk, and storm drainage impr ovements, together with nec ess ary incidentals , within the di st rict , as said district is described in the notice herei nafter set forth, and to create a loca l or special impro"e ment distric t for such purpose. 2. The En gineer 's repo rts, together with the preliminary detail s , •p ec incations, estimates of .cos t , maps and schedules prepared and filed with the City Clerk are hereby approved and adopted by the City Council for use in th e construction and installation of the improvements to be made in said impro veme nt Di strict. 3. The ma terials to be used in the constn..~ .. , or in stallation of th e proposed improvements are set forth in th e Engineer's reports and yenerally descn::,e d in t he notic e hereinafter set forth . 4. The costs of the con struction and inslallabon of the improvements shall l:>e a ssessed by ordin anc e up on all the real property wi thin the district based upon the benefit confe rred by the improvements upo n the realty within the dis trict. If the 3ssessment is not paid in full within th e period of time se t forth in the assessment ordinance, then the asse ssment shall be payable in te n (10) eq ual annual in&:.cl lments or use11rnent.s, with interest on the unpaid principal amount The peri · ;I of time for the payment of the useaament in full, the amounta and times of p~yment of in1tallmenta, and the rate and timu of payment of interest shall b, , etermined by the City Council and set forth in the aaae1nnent ordinance . 5. Th e nal property to be uaessed for the improvements 1hall be the real propen.y specially r,e~efited by the improvements, .,.hich property i1 located within the re~pt:Cv~ tl1s;rict ciescribed in the notice hereinafter set forth . 6. Notice of the publir. hearing on the creation of the Di1trict shall be published once a week for th r ee (3 ) weeks in the Englewood Herald, a new1paper of general circultJtion in the City. In addition , a copy of ouch notice shall be mailed, postage pr•pa,d, to each known owner of real property within the proposed DistricL However, •1ch notice ofhP.aring by publication an!\ l,y mwl •• well as the hearing itself, may be wai ved by agreement of all property owner,; withi.~ the district. Th e published and mailed noUce shall be 1,1 substantially the following form : NOTICE OF TJ-IE INTENT!ON Tl) CREATE A SPECIAL IMPROVEMEN'l' DISTRICT IN ENGLEWOOD, COWRADO, TO HE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO . 37 , FOR THE ?UR?OSE OF CC"<STRUCTING AND INSTALLING CERTAIN PUBLIC IMPROVEMENTS WITHIN THE CITY AND PROVIDING FOR A PUBLIC HEARING THEREON . All ownen of real property hereinafter described, and aU persons generally, ,se hereby not ifie<I that the City Council of Englewood, Colorado, purauant to ita own initiative has adopt ed preliminary detaila, plans, and spe,ifications for the construction and in staltation or street paving, curb , gutter, sidewalk, and storm drr.inage improvements, toge ther with necessary incidentals, within "proposed special improvement district with in th e co rporate limits of Englewood, Colorado, to be known as Special Improvement District Ko. 37. Said persou s a;e farther notified as follows : I. DESCRIPl'IOK OF DISTRICT AND PROPOSED IMPROVEMENTS . (a) The proposed Distri ct shall he all of the real property fronting or abutting on the street between the termini hereafter described, including the real prop,rty within one-half (l/2i block of such stree\6 and avenues. A,ijustmenls for the assessment of costs will be made for ,·-regular and odd-shaped lots and parcels of property. (bl The improvements to be constructed or installed are as follows : (l) Necessary grading and excavation, 40' wide paving with 8" compacted gravel base course and 3" asphaltic concrete au.-face , concrete wall,s, curb an<! gutter where not already installed or not meeting Ci ty standards; togetl,er with appurtenances and incidentals on the following streets c.:.,d avenues: 2 From W. Vo le Avenue We■t line of S . Tejon Street E. line S . Zuni St,eel (c) The probable total cost of the improvements to be constructed and bat.ailed within the District is $357,000. (d ) The probable amount of the total cost ofsa.id improvements which the City shall pay is app,oximately $229,000. (e) The balance of the total cost which is not paid by the Ci ty will be assessed against the Tea l pro pe,ty specially benefited by the improvements. Provable costs per front or 1inear foot for said improvements are as follows : 3" Asphalt Paving • $4.5.00 peT fn>nt foot [assessed on 40' width, 8" and 3" basis) 'onolith ic Cu,b, Gutte, & Walk $28 .00 pe, lines, fool No assessments wi ll be mude fo, curbs, gutteu, and si dewalks in place which co nform with the plans and specifications fo, the proposed imp,ovements and which are acceptable lo the City Enginee,. l'Tope,ty ownen ue specifically ,eferred to the 1chedule of proposed assessments which will be on file in the Office of the DiTectoT of Public Wol'k s, fn>m which the appro1 imate amount to be aHessed against any particulu lot OT pa,cel o, pro~Tty may be determined. (fl The Cit)• shall by N!solution allocate the money foT the improvements from the City's Gene,al Fund, aubject to reimbunement by assessme.nt of the cost of ihe project lo the benefitted prope,ty. (g ) The total costs of the construction and installation of the improvements shall be assessed by o,dinance upon all the N!al prope,ty within the District specially benefitted by the improvements. If the assessment is not paid in full wi thin the period of time set forth in the assessment onlinance, then the ass essment shall b e payable in ten (10) equal annual installm ents of asse•sments with interest on the unpo.id princi pal amount. The period of t ime fo, the payment of the assessment in full , the amounts and times of payment of installm ents, and the Tbte and times of payment ofinte,est on the assessed amount shall be .de termined by the City Council and set foTth in the assessment ord ina nce . II . THE HEARING ON THE CREATION OF THE DI S rRICT. (a) A hearing on the c,eation of the di strict wi ll be h eld by the City Council on April 19, 1993, al 7:30 P.M., in the Council Chamben, City Hall 3400 South Elati Street, Englew ood , Colo,ado. (b) Any penon desiring lo be hea,d upon th e issue of the c,eation of the dist,ict OT upon the construction and installation of the improvem ents involv ed, may app ea r at the ti me and place set fo, the public h e• ;ng th e,eon for that pul'J)o se. 3 Cc) A mnp, estimate and achedule ahowinc the approximate amount ID be a11e11ed, and all resolutions anrl proceedings will be on Ille and can be aeen and examined by any p erson interested at the office of the Director of Public Works at any time during business hours on or prior to the date of hearing. Da ted a s of----~ 199_. (Seal) Patricia H . Crow, City Clerk Publish in : Englewood Herald Publi sh ed on March 18, 1993 and March 25, 1993, and April 1, 1993. 7. A copy or I.he no ti ce which will be published shall also be mailed, postage prepaid, to each known own er of real property to be included within the propoaed district, unless such mailing is wai ved by agreement of all property owners within th e proposed Districl 8. There shall be prepared an ordinance creating within the corporate limits or the City, a special improvement district to be designated as Special Improvement District No. 37, providing for I.he construction and installation of the imprc,•,ements , all as described in this Resolution, and in accordance with the preliminary report, plans maps, 1pecification1, details and estimates or costs or the Engineer, herein referred to and now on file in I.he office orthe Director or Public Wo rk s. It is anticipated that the onlinance will be conaiderea for passage on fir st rea ding by th e City Council at , regular meeting thereof to be held on April 19, 1993. 9. Should eny one or more sections, paragraphs, clauses, or provisions of thi s R esolution be judicially determined invalid or unenforceable, such de termination shall not affect, impai r or invalidate the remaining provisions hereof, the in te ntion being that the various provi si on s hereof are severabl e. ADOPTE D ,:._'ID APPROVED this 15th day of March, 1993. ATTEST : lf~cL ~ 1ff 0<tHJ Palricia H . Crow, City Clerk I, Patricia H. Crow, City Clerk fo,; We City or Engl ew ood , Col orado, hereby certify th e above is a true copy of Re solution No.~ Series or ~ ;t;,,~d ..Y,/ a fl(,,/· Patricia H. Crow 4 Dall! March 15 , I 993 r.ocl'ICJL~TION Agenda llrm 12 d Subject Proposed Special lmprovem~nt District No .37 1N111ATED BY Dep~!tmen t or Public Works STAFFSOCRCE Charles Esterly, Director or Public Works · ISSCE'ACTION PROPOSED Staff seeks Cou ncil consideration of a Resolution of Intent to form Special Improvement District No. 37. Council is also requested to set April 19, 1993 as the date for the Public Hearing on this matter. PREVIOUS CXXl'ICIL ACTION City Cou ncil originally included this street in Year 6 of the Proposed 10 year Paving Plan . BACKGRO<.ND Since 1956, the City has been improving its streets to meet minimum City Standards through Paving Improvement Distr'cts. During this period. some 29 districts have been completed , improving approximate!) )9 miles of streets and 43 alleys . The costs of these improvements are borne by bo th the adjacent property owners, through special asse ss m ents levied for work done adjacent to their properties , and the City, through monies budgeted in the PIF for street and alley intersection work, incidental storm sewer constructio n, right-or-way acquis ition , rence relocations, etc. At the I 983 B udget Workshop , Council approved a ten-year paving district program to bring all streets, not included in previou s districts, up to City Standards. Proposed paving district streets were pre~ent.ed to Council as an accumulation of recommendations from several areas: requ ests from citizens ; petitions; requesLc 'rem business or bdustrial property owners ; requests from Coun cil ; review of past districts; re . ,ew of maintenance problems and costs; and physical inspectio_ns . Prior to inclusion in thP list , streets showing signs of distress were tested for thickness of asphaltic concrete and basecourse to determine the appropriate action required . Streets not meeting minimum City Standards were proposed for reconstruction and assessment. Streets that were found to meet City Standards were not proposed for paving district inclusion, but rather, will be included in a City overlay-sealcoat program where no assessments are levied . The ;treet proposed for inclusion in Special lmpr'lvement District No. 37 is a street that has not previo usly been constructed to ·.ninimum City Star.dards and , from testing results , requires total recon struction . This street was also petitioned fa? paving in 1992 for construction in 1993 . The 5 Year Capital Construction Pian did not include a paving district in 1993. STAFF ANALYSIS Originally scheduled for Year 6 in the 10 Year Paving ?Ian introduced in 1983 , this street (2000 -2300 W. Yale Avenue) would have been constructed In 1990. Due to delays, the 10 Yea r Plan was revise d in 1991; and this street remained in '(ear 6 of the revised plan. then schedul ed for 1993 . The 5 Year Capital Construction Pian prepared in 1992 did not include a pavi ng district in 1993 ; it proposed construction of Yale Avenue would be delayed until at least l !'.',94 . City Cou ncil received extensive information on this proposed District on Monday, Maret> d, 1993 . It is the continuing recommendation of staff that the formation of this district be deldyed until 1994 . FINANOALM>ACT The Cty would need to allocate. by Resolution, the funds for improvements in the amount of $35 7,000 from the City's General Fund . The City's costs for said improvements are estimated to be $229 ,000 . improvement costs adj ac ent to private ownersh ip. and subject to assessable reimbursement, are estimated at S128,000 .