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HomeMy WebLinkAbout1988 Resolution No. 060I I RE SOLU TION NO. (,r,' SE RIES OF 19 88 A RESOLUTIO" DECLARING THE IN TENTION OF THE CITY COUNCIL OF ENGLEWOOD, COLORADO, TO CREATE A SPEC IAL IMPROVEMENT DI STR I CT IN TH E CITY, TO BE DESIGNATED AS PAVING DI STRICT NO. JJ , ADOPTING DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT, AND DIRECTING PUBLICATION 1'ND MAILING OF THE NOTI CE OF HEARING TO TH E OWNERS OF THE REAL PROPERTY TO BE ASS ESS ED FOR IMPROVEMENT S IN THE DISTRICT. WHE RE AS, the City Council of Englewood, Colorado, has determined that it is necessary to create a improvement district with i.n the City, for local or special the purpose of and gutte r and c ons tructing and installing street pav ing, -:urb sidewalk improvements, tog e tt,er with nece ssary incidentals, on certain streets as set forth in this Resolution, and to assess p art of the cost of the im prove ments against the real property specia lly ben efited by the improvements and included within the district; and WHEREAS, pur~uant to the Charter of the City and T i tle 11, Chapter 2, of the Municipal Code of the City, the City Council h a s determined to construct and install such improvements, provided however, th a t the City Counc il s h a ll consider all protests and obj ections that may be made in connection with the proposed i'rnprovements, before ordering the construction thereof; and WHEREAS, the prot,osed project consists of the con- struction ancl installation of street paving, curb and gutter and sidewalk improvements , together with n ecessary incide nta l s on those streets d escribed in the notice of h earing; a nd WHERE AS, p urs uant to an order of the Ci ty Council, the City Engi n eer has prepared a nd f i l ed pre limi nary plans, specifi- cat ions, estimates of cost, maps and schedu l es for the propose d i mp rov eme nts; -1 - BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENG LEWOOD, COLOR/\DO: l. The City Counci l haa determined there ex ists a n ecessity for th e co nstruction and ins tallation of the scre e t pav ing , curb and gutter and sidewa lk i mpro vements, t0geth er with nec essary incidenta ls, o n thos e streets whic h are marl! par ticularly set fort h in the n o tice of h e aring, and to create a loca l or s p ecial improvement d i s trict for s uch purpos e . 2. The Engineer's reports, toge ther with the pre l i minary d etai ls, s p c.cif1._.1tion s , est i mates o f c ost, ma ps and schedules prepared and filed with the City Clerk are hereby approved and a dopted by th e City Council fo r use in the construction and installation of the improveme nts to be mad e i n said imp rovemen t d istrict. J. The materia ls to be used ins talling the propos ed improvements are hereinafte r s et forth . in constructing and stated i n the notice 4. The cos ts of the construction and ins tallation o f the improvements , les s that portion which i s paid by the Clty, shall be assessed b y ordinance upon all the real property within the di s trict . If the assessment i s not paid in full within the period of time set f orth in the assessment ordinance, then the assessment shall be payable in ten (10) equal annual installments of assessments, with interest on the unpaid principal amount . The interest on the unpaid installments of assessments will be at a rate not exc eeding 12% per annum, as shall late r be establish e d by ordinance . If the assessment i s paid during the cash payment p e riod, an allowance of fiv e p ercent ( 5%) s hall be made on al 1 payme nts made during s uch period but not th e r ea ft e r. The period of time for th e payment of the ass essment in f ull, the amounts and t imes of p ayme nt of insta llments a nd the rate a nd time s of payment of interest shall be determined by the City Council and set forth i n the assessme nt o rd inan c e. -2 - I I I I The real prope rty to be assessed for the improvements sha ll be th e real property s p ecia lly benefited by the improvements a nd included within the i mp rov ement dis :rict , and more particularly described in the n otice hereinafter set fort h. 6. Th e re s h all be prepared an ordin a nce creati ng within the corporate limits of the City, a specia l improvement di stric t to b e designat e d as Paving Disttict No. JJ, providing fur the construction and installation of the i m9ro·1eme nt s, all as described in this Ru solution, a nd in accordance with t he preliminary report, plan s , ma ps, spE~ifications, d e t ui ls and estimates of costs of the Engineer , herein referred to and now on file in the office of the Director of Engineering Services . It is anticipated that the ordinance will be cons idered for passage on first reading by the City Council at a regular meeting thereof to be h eld on November 7 , 1988. 7. Notice of the public hearing on the creation of the district shall be publ i.shed once a week for three (J) weeks in the Englewood Sentinel, a n ewspaper of general c ~rculation in ti , City. In addition , a copy of such not ice s hall be mailed, po.at. ;e prepaid , to each known owner uf real property within the pror,o sed district. The published and mailed notice shall be in substantially the following form: OF THE INTEN1'ION TO CRE,\TE A SPECIAL IMPROVE- MENT DISTRICT IN ENGLE1:JOD, COLORADO, TO BE KNOWN AS PAVING DI STRICT NO. 33, FOR THE PURPOSE OF CONSTRUC. .'ING AND INSTALLirG STREET PAVING, CURD AND GUTTE :l AND SIDEii/iLK IMPROVE- MENTS, TOGETHER WI TH NECE S!,/\R'l INCIDENTIILS, ON CERTAIN STREETS AND AVENUES, AND A PUBLIC HEARING THEREON. All owners o f rea l prope rty hereinafter described, and all p e rsons gen erally, are hereby notified that the City Council of Engl ew ood, Colorado, pursuant to its own initiative has a dopted preliminary detai ls, plans and specificat ions f~r construction of street paving , c urb and gutter a nd sidewalk i~provements, in and for a proposed loc al or specia l improvement district within the corpo rate l imit s of Englewo od, Colo rado, to be known as Paving District No . 1J. Said person s are furth er notified as follows: (a) A description of the improvements to be cons tructed or installed is as follows: On II. Baltic Pl. s . Bannock St. s. Delaware St. s . Emer son St . II . llill s itle Ave. w. Jeffer s on Ave. II . Kenyon Ave. E. Kenyon Ave. s . Lincoln St. 1) Nec:essary grad ing and excavation, paving wi t h 6 11 compacted gravel base course and 2 11 asphaltic concre te surface, concrete wal k s, curb and gutte r where not already installed or not meeting City standards; together with appurtenances and i ncidentals, inc luding the r elocation o f certain utility poles on W. Hillside Av e . and W. Baltic Av e ., on the following streets and a venues : From To II . line of S. Tejon St . E. line of S . Vallejo St. s . line of Highway 285 N. line of W. Oxford Ave. s. line of W. Lchi&h Av e N. line of W. Man s field Ave. s. line of E. Girard /\vc . N . line of E. Hampd e n Av e . w. line of s. Tejon St. E. line of S. Zu n i St. II . line of s Broadway II . line of S. Acoma St . II. line of s. Broadway II. line of s. Bannock St. E . line of S . Broadway II. line of s. Sh erman St . N. end of the cul-de-sac N. line of E. Hans field Ave . in the 3600 block of s. Lincoln St. s outh -4 - I I I I On W. Baker Ave. II . Ga s p ian Pl. S. Galapae o St . (30' width ) W. We s ley Ave. ~. Sh oshone St. 2 ) Necess a ry gradi ng and excovation, paving w j t h S " compacted grave l base course and J" asphalti c conc rete surface, concrete walks , c u rb arid gutter where not already installed or n o t n,,.,e ting City s tandard s ; together with appurt enances and incidenta l s o n t he following streets and a venue~: From U. l i ne of S. R,Hi t nn Sc. w'. line of S. Rari tnn St. S. line of W. Ba te!-Ave. Center line of Pe cos St. S . line of W. na r t mou t h Ave. south To E . line of 5. Tejon S t . f.. line o[ S. Tc jon St. N. llnc of W. Corne ll Ave. E . line of S. Tcjo n St., exc lud i n g in te r sect ion a t S. Raritan St. Clty limits (b) The d escription o f the prop osed district , a nd the real prope rty to be asse s sed with the c o s t of ':.he improvements s hall be all of the real property fronting or abutting on the s treets and avenues betwe en the termini h ereinl:.efore described , incl uding the real p r -,p e rty wi thin one-ha l f ( 1/2 ) block of such s t reets and avenue s. Ad j ustments for the a ssessment of c o s ts will be made for irregu lar and odd -s ha ped lots and parce l s of propert y. (c) The proba ble tota l cost of the improveme nts to be c onstructed and install e d is $1,3 20 ,5 00. (d) The probable amount of t h e total cost which the City shall p ay is approximately $4 26 ,65 0 . the City benefited Proba ble fo llows: (e) Tt.c balance of the total ~est which is not paid by will b e assessed against th ·= r eal property specially by the improveme nt s, and included within the di s trict. costs pe r front foot for s a i d imp rovements a re as 2 " Asphalt paving (assessed on 32' width (6" and 2") b as i s) J " As phalt paving (assessed on JO ' width (8" and 3 ") basis] -5 - $18.65 p e r front foot $24.20 per fr ont fo o t J" Asphalt paving (assessed on 40' width (8 11 and J ") basisJ $J2 .2 0 per front foot Puving of othe r widths shall be in p1 ·opo rtion to the above estimates. Ve rt ica l curb a nd gutter $10 .JO p er front foot 4" Cur bwa lk Type II $1 8 .7 5 per front foot 4" S idew alk 4' wide $ 9.00 per front foot 6" Curbwalk Type II $22.50 per front foot 6 " Sidewalk 4' wide $11. 25 per front foot Re mo ve Vertical curb a nd Gutter $ J.45 per front foot Rem ove Sidewalk 4' wide $5.00 per front foot Except as provided below, the co s ts of paving to be con s tructed along the sides of corr.er lots within the di strict s h all b e as sessed agai nst propert i es within one -ha lf (1/2) block, or 300' of such inters ections and corne r lots , whichever is sm a ller, on a zone basis in accordance with benef its confer red on such properties. Each one-half (l/2) block , or JOO' section, will be divided into six (6) parallel zones and assessments will be on the foll o wing basis: 1st Zone abutting on s treet or avenue ............................. 28.55% Next Zone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14. 29% Next Zone ..............................• 14.29% Next Zone .............•................. 14.29% Next Zone ................................ 14 . 29 % Ne x t Zo n e ............................... 14 .2 9% Total 100% No a ssessments will be made for curbs, gutters and sidewalks in place which conform wi th the plans and specificat ions fo r the proposed improvements and which are acceptable to the City Engineer. The cost of improving street intersections throughout the d ist r ict, u n d o f paving in excess o f JG' widths and 8" th ickne ss on streets designated as a rteria l or collector within residenti~l zoning as of September 1 9 , 1988, will be puid by the City. -6 - I I I I Prope rty owners are specifically referred to the schedule of proposed assessments which will be on file in the Office of the Director of Engineering Serv ices, from which the approximate amount to be assessed aga inst any particular lot or parcel or property may be determined. ( f) The costs of the c on struction and installation of th e improve ments, less that portion which i s paid by the City, shal l b e assessed by ordinance upon all the real prope rty within the district. If the assessment is not paid in full within the period of time set forth in the a ssessment ordinance, then the assessment shall be payable in ten (10) equal annual installments of assessments with interest on the unpaid principal amount. The inte rest on the unpaid installments of assessments will be at a rate not exceeding 12 % per annum, as shall later be established by ordinance. If the assessment is paid during the cash payment period, an allowance of five perce nt (5 %) shall be made on all paym e nts made during s uch period but not thereafter. •rh e period o f time for the payme nt of the assessment in full, the amounts and times of payment of installments and the rate and times of payment of interest shall be determined by the City Council and set forth in the assessment ordinance . (g) A hearing on the creation of the district will be held by the City Council on Thu rsday, October 20, 1988, at 7: JO P.M., in the Council Chambers, City Hall, J400 s. Elati St., Englewood, Colorado. (h) Any person desiring to be heard upon the issue of the creatio n of the district or upon the construction, installatio n or improvement of the improvements involved, may appear at t he time and place set for the public hearing thereon for that purpose . (i) A map, estimate and schedule showing the approximate amount to be as sessed, and all resolutions and proceedings will be on file and can be seen a nd examined by any person interested at the Office of the Di rector of Engineering Services at any time during business h o urs on or prior to the date oft.earing. ~~ted as of Se ptember 1 9, 1 988. ( S E A L ) /s/ Publish in: Englewood Sentinel Patricia H. Crow City Clerk Englewood, Colorado Publish on: September 21, 28 and October 5, 1988 -7 - 8. A copy of the no tice whl~h will b e publi~ned Shull al s o be mai l ed , pos tage prepaid, to e a c h known owr.er of r ea l property t o b e incl uded within th e propcsed di strict a nd who will b e a s sessed with the cost of the improveme nts . 9. Should any one or mo re section.;.; o r provis ion s of thi s Re s olution be judicially determi n ed i n valid o r un e nforcea bl e , suc h de termina tion shall not af fr,ct, impair or invalidate the remaini ng provisions h ereo f, the inte ntion b eing tha t th e ·,arious provis ions here of are severable. ADOPT ED AND APPROVED l'his 1 9th d _ay o f Se ptem~er, 1988. ~ .',t . ·-;(' r: 4- Susan Va n Dyke, Mayor /, Patrici a fl . Crow, City Clerk I, Patricia H. Crow, City Clerk of the City o f Englewood, Colorado, certify the above and foregoing is a true, accura te and complete c opy of Re solutio n No . ~C), Series of 1988, passed Septem b er 1 9 , 1988 . Patricia H. Cr ow, Ci ty Clerk -8 - I