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HomeMy WebLinkAbout1987 Resolution No. 006I RESOLUTION NO, SERIES OF 1987 A RESOLUTION DECLARING TIIE INTENTION OF THE CITY COUNCIL Of' ENGLEI-IJOD, COLORADO, TO CREATE A SPECIAL IMPROVEME NT DISTRICT IN TH E CITY, TO IH: DESIGNATED AS PAV!flG DISTRICT NO, 32, AllOP'l'ING DETA! LS AND SPECIF !CATIONS FOR THE PROPOSED DISTRICT, AND DIRECTING PUBI.IC/\TION AND MAILING 01' TIIE NOTICE Of' IIE/\HING TO TIIE OWNERS OF THE REAL PROPERTY TO llE ASSESSt·:D FOR IMPROVEMENTS IN TH E QJSTR ICT. 1-.tlEREA S , the City Council of Englewood, Colorado, has d etermi ne d that it is ne cessary to create a local or sp<a cial improvement district within the City, for the purpose ,of ,·1 111 st ru ct ing and installing street paving, curb and gutter and :ii d c walk improvements, together with necessary incidentals, on c·crtain streets as set forth in this Resolution, and to assess part of the cost of the ;-n provemcnts against the real property s pe c ially benefited by the improvements and included within the rli s tric t; and WHEREAS, pursuant ~o the Charter of the City and Title l 1, Chapter 2, of the Municipal Code of the City, the Clty Council has dete mined to construe t and i nstal 1 such improvements, provided h o wever, that the City Council shall consider all pr o tests and objections that may be made i n connection with the pn,posed improvements, before orderin') the construction thereof; ,l nd WHEREAS, the ~roposed project consists of the construction and installation of street paving, curb and gutter a nd sidewalk improvements, together with necessary incidentals on those streets described in the notice of hearing, including the co nstruction or installation of improvements along a portion of Yale Ave. within the City. It is anticipated that the work on \'ale Ave. wi 11 be done in connection with the construction and installation of street improvements by the City and County of Denver on the north half of Yale Ave., within the City limits of Denver; and -1 - 1-/il~REII S , :,u rsuant Lo a n or<ler of t h u Ci ty Council, the En g in ee r of the City h as prepare d and filed prelirr,inary plans, s peci[ic at 1o ns, e stim ates of co st, maps and schedules for the proposed i ~pr o VC'mcnt s; RE IT RESOLVED llY T II E C ITY COUN CIL OP THE CITY Of l:N GI.EWOO!l , COL OR/100: 1. l'hat th e Ci t y Co un c il h o:1s determined the r e exists a rn•c ess it y f 0 r the c o n s l.r-ucti o n and i n st ,1 l lati0 n of. the street p,1vi ng , <:u rb a nd <J utt e r a nd s i dcw.Jlk impro v eme n ts , together with ne t.:css 1r y incid e ntJls, o n those st r eets which are more p .1rti t.:ul.1rly set f o r th in the not i ce o f h c.Jri ng , and to c r eate a Jqc a l u r s pecia l improveme nt dist ric t for such purpose. 2 . That the Engineer's reports, toge ther wit~ the pr e ! imi nar y dcla i l s , spcc if i c at ic 11s, cstim.:itcs of. c os t, maps and schedules pr e pared an d filed wi t h the City Clerk be and the same are hereby approved and adopted by the Ci ty Council for us e in the co nslruction and installation of the i mprovements to be made in said improvement district. 3. That mat eri als to be used in constructing and inst al ling the proposed improvements arc stated in the Notice h e reinafter set forth. 4. The costs of the construction and installation of t he improvements, less that po rt ion which is pa id by the City, s hall be assessed by ordinance u pon all tho real property within the district. If the assessment is not paid in full within the rrn riod of time set forth in the assessment ordinance, then the ass es s ment shall be payable in ten (10) equal annual inslallments of assessments, with interest on the unpaid principal amount. The interest on the unpaid installments of assessments will be at a rate not exceeding 12\ per annum, as shall later be established by ord in a nce. If the assessment is paid during the cash payment period, an all o,,ance of five percent (5%) shall be made on all payments made during such periorl but not thereafter. The period of time for th e payment of the assessm e nt in full, the amounts and -2 - I t iries of payment of installments and the rate and times of payment of ii.te rest shal 1 be rletermined by the City Co-,nci 1 and set forth in the assc!lsment ordinance. 5. That the real property to be assessed for the i mp r o ver.tents sha 11 be the real property specially benefited by the i.7!pr ovements and included within the improvement rlistrict, and ~or·0 11a r ticularly descr ibed in the notice hereinafter set forth. 6. That there shall be prepared an ordinance creating wi thin the corporate limits of the City, a special improvement distr ict to be designated as Paving District No. 32, providing for th e co nstruction and installation of the improvements, all as de scribed in this Resolution, and in accordance with the pr e liminary report, plans, maps, speci(ic.:itions, details and ,••;timatcs of costs of the Engineer, herein referred to and now on Ii le in the office of the Director of Engineering Services. The proposed ordinance will be considered for passage on first reading by the City Council at a regular meeting thereof to be held on March 16, 1~87, 7, Hotice of the public hearing on the creation of the rlistrict shall be published once a week for three (3) weeks in the •:::,qlewood Sentinel, a newspaper of general circulation in the City. In addition, a copy of such notice shall be mailed, postage prepa id, to each known owner of real property within the proposed district. The pub! isherl und Mailed not ice shall be in s ubst antially the following form: -3 - OF TII E INTENTI Orl TO CREATE A SPE C IAL IMPR OVEME NT DISTRICT IN ENGLE WO OD, COLORADO, TO BE KNCl·/N AS PAVlMG IJISTRICT NO, 32, FOR TIIE PURPO S E OF CON STRUCTIN G AND INSTALC I NG STRE ET PAV I NG, CU IUI ANIJ G < TT rn A Nll S I DEl·/ALK I :•IPROVl :MENT S , TOGETII ER 1'1ITII N:•:CESS ARY I NC IDE NTA LS , ON CERTAIN S TREETS 1\Nll AVEN Ul·:S , ANIJ 1\ P ll lll. I C IIEARltl G T II EIU:ON. A l l v wn ct-s u f rea l property hereinafter d esc ri be d , and ;i i I pers o n s qc n e r a l ly, a re hereby notifie<I that the C ity Co unc il rJ f Fn9 l c wo o d , C0 lorado, pu rsua nt to it s ow n in itiati vl'? ha s adopted 1n e li r.i i na r~· det a i l s , p l an s anrl s pecificat i o ns for c o nstruction of •;1 r e c t pavinlJ, curb and gutt e r .J nd s i dewa lk improvements, in a nd 1 ••r ,1 p ro po:;e cl lcJ t..:.il o r s pc c i.:al impr o v c me11l district wi t hin th e ,·n r po r ate 1 imi t s of Englewood, Co l orado, t o be kn own as Paving lli ,;L r ict No. 32. Said pers o n s are f u rther n otifi ed as follows: (a) The impr oveme nts t o be constructed or installed arc a s follows: On 1) Necessary grading and excavation, p a ving with 6" c o mpacted gravel base course and 2" asphalt !c concrete surface, concrete wal ks , curb and gutter where not already installed or not meeting City standards: together w! th appurtenances and i ncident a ls on the following streets and avenues: Pron To s . Cher'Jkee St. S . Grant St. s. 1 ine n. Tufts Ave. s. line E, Cornell Ave . s. 1 ine E. Hamp:len Ave. w. lines. Clarkson St . s. 1 ine E. i'<nhc r st Ave. s. line E, K'lnsfield Ave . N. line w. Union Ave. N. line E, Floyd Ave. 400' S.E. Hampden Ave. 300' li,S. Clarkson St. ~. Grant St. F.. Ken~n Ave. s . Linco ln St. N. 1 ine E. Dartmouth Ave. N, line E. Nassau Ave. S. lbshlngton St. 2) Removal and replacement of concrete curb, gutter and walk where not already installed or not meeting City standards. (Th is part of the improvements will be assessed.) 2" asphaltic concrete overlay will be constructea in connection with the project, but will not be assessed, -4 - I On To s 1/2 E. Yale Ave. s 1/2 E. Yale Ave. \·/. l inc s . Lincoln St. w. line s. \'11shington St. E. l inc 5 . Logan St. W. line s . Downing St. On 3) 2" asphaltic concrete over l ay, al u ng with removal and replacement of concrete curb , •1<1tter, and walk where not alr ead~ installed or n u t meeting City standards; together with appurt enances and incide ntals on the following avenues: f rom To S 1/2 E. Yale Ave . s 1/2 P.. Yale Ave. E. li nc s. flroadway E. line S, l<xJan St, \-1, line S . Lincoln St. W. l inc s . llashirgton St. On 4) )" a s phaltic concrete overlay, a long with removal and replacement o f c o ncr ete c udJ, (_)Utter, and walk where not already installed or no t meet i ng City standards; together with a ppurtenances and in c i~en ta l s o n the following avenu e s: Pra:1 To 5 1/2 I~. Yale Ave. w. line S, Broadway E, I ine S. Elati St. (b) The description of the propos ed district, and the real property t o be assessed with t he c os t of the improvements s h a ll be all of the real property fronting or abutting on the s t r eets and avenues between the term i n i hereinbcfore described, in c lucHng the real property within one-half (1/2) block of such :,t.ree ts a nd avenue s . Adjustment s for the asse s sment of costs will l>c m<1<lc for i rrcgul a r and odd-shaped l ots an d parcels of property. (cl The probable tot al cost of the improvements to i>e co nstructed and install ,,d is $743,000. (d) The prob~ble amount of the tota l cost which the C ity shall pay is approximately $157,500. (e) The balance of the total cost which is not paid IJy the City will be assessed against the real property specially ilc ncfitecl by the improvements, and included within th, distri:t. Pr oba bl e costs per front foot for said improveme nts are as fo llows : 2" Asphalt paving !ass essed on 32' widtl1 (6 and 2) basis) -5 - $26.00 per front foot 2 " /\spllult overlay !asse ssed o n 32 1 wi rlt hl 3 " Asphalt overlay !ass essed on 32' wirlthl !',IV i ng of othe r widths s hall VL'rtical cu r b and gutter 4" S idewulk 4' wid e 6" Sidewalk 4' wide 4" Curbwu lk Type 6" Curbwa lk Type be $ 7 .l S per front foot $10.40 per front foot in proportion to t he above estimates. $10. 7 5 per f rant foot $10 .70 per front feat $15.50 per front foot $15.60 per front foot $19.30 per front foot ~o part of th e cost of that portion of Yale Avenue which is within the ,•i ty an<.! County o[ Denver will be assessed against the real property within the City of l::n c1 l e wood. Except as provided below, the costs of paving to be constructed along the sides of corner lots within the district shall be assessed against properties within one-half ( 1/21 block, or 300' of such intersections and corner lots, whichever is smaller, on a zone basis in accordance with benefits conferred on such properties. Each one-half ( l/21 block, or 300' section, wi 11 be divided into six (61 parallel zones and assessments will be on the following basis: !st Zone abutting on street or avenue •••••••••••.••••••••••••••••• 28.55% Next Zone •••••••• ·•••••· •••• ,.••·••••••• 14.29% Next Zone ............................... 14.29% Next Zone ••.•••••••••••••••••••••••••••• 14.29% Next Zone ••••••••••••.•••••••••••••••••• 14. 29% Next Zone •••••.••••••••••••••••••••••••• 14.29% Total 100% No assessments will be made for curbs, gutters and s idewalks in place which conform with the plans and specifications [or the proposed impr ovements and which are acceptable to the City Engineer. The cost o[ improving street intersections throughout t he district, and of paving in excess of 36' widths and 8" thickness on streets design«ted as arterial or collector within -6 - I residential zoning as of February 2, 1987, will be paid by the City. Property owners are specifically referred to the schedule of proposed assessments which will be on file in the Office o f the Director of Engineering Services, from which the a ppr o ximate amount to be assessed against any particular lot or p ,,r,·el or property may be determined. (f) The c o sts of the construction and installation o f the improvements, less that portion which is paid by the City, sha ll be assessed by ordinance upon all the real property within the district. If the assessment is not paid in full within the period of time set f.orth in the assessment ordinance, then the a ssessment 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 r a te not exceeding 12\ per annum, as shall later be established by o rdinance. If the assessment is paid during the cash payment p e riod, an allowance of five percent (5%) shall be made on all p ,,yments made durin'] such period but not thereafter. The peri0d ,,r time for the payment of the assessment in full, the amounts ar.d times of payment of installments and the rate and times of payment o f interest shall be determined by the City Council and set forth in the assessment ordinance. (g) A hearing on the creation of be held by the City Counc i 1 on Monday, March r.1-1., at the Municipal Building in Englewood. sh a ll also be held prior to the final passage creating the distri c t, at the regular meeting Monday, April 6, 1987, the district will 9, 1987, at 7:30 A public hearing of the ordinance at 7:30 P,M. on (h) Any person d es iring to be heurd upon the issue of the creation of the district or upon the construction, in s tallation or impr ov e ment of the improvements involved, may appear at the time and place set for the public hearing thereon f o r thal p urpose. (i) A map, estimate and schedule showing the ~pproximate amount to be assessed, and all resolutions and pro ceedings will be on file and can be s een and examined by any -7 - rerson interes a t the Of fice of the Director 1,( Engineering Se rvices at .,.,y :.. :r:,c durinl] business h our s on or p rl,-,r to the date o f h ear inCJ . Dated the 2nd day of February, 1987. I S E /I L ) Puhlish in: Publi s h on: Englewood Sentinel /s/ Gary R. II i~bee D1 rector of F nance En g lew oo<I, Colorado F~bruary 4, 11 and l 8, l 987 -8 - I I 8 . A copy of the notice which wi 11 be published shall also be mailed, postage prepaid, to each known owner of real property to be included within the proposed dist rict and who will be ds s essed with the cost of the improvements. 9. Should any one or more secti ons o r provisions of Lh1:, Resoluti o n be judi ci ally determined invalid or unenforceable, :rnc h dctennination shall n ot affec t, impair or invalidate the remaining pr o visions he reof, the intention being that th o various pr o visions hereof ar e severable. IIDOfYrEIJ /IND IIP i'llOVED This 2nd day of f'c bruary, 1987 . I S 1-: II L ) Einene L. Oti s , Mayor ,nn:S TED: Patricia 11. Crow, City Clerk I, Patricia H. Crow , City Clerk of the City of En g l ewood , Colorado, certify the above and for,cgoing is a true, accurate and complete copy of Resolution No . -4;,;_, Se ries of 1987, rassed February 2, 1987. -9 -