HomeMy WebLinkAbout1980 Resolution No. 026, .. ,
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RESOLUTION NO. 26 SERIES OP 1980
A llBSOLU'l'Imt ACCIPIING PITITIOllS POR THE CREATION OP A SPECIAL
IMPROVBMBRT DISTRICT, D£CLARI8G TBB INTENTION OP THE CITY
COUllCIL OP BMGLBllOOD, COLORADO, 'l'O CREATE A SPECIAL IMPROVEMENT
DISTRICT IR TBI CITY TO 81 DESIGNATED AS DOWNTOWN IMPROVEMENT
DIS'l'RICT MO. 1980-1, ADOPTING DITAILS AND SPECIFICATIONS FOR THE
PaQIOSBD DISTRICT 1 ARD ORDERING PUBLICATION AND MAI LING OP THE
NOTICI or BIARillG TO TU ONRIRS OP TBB PROPERTY TO BB ASSESSED
roa IllPaovmmift I• ms DISTRICT. . .
tlllDBAS, tbe Inglewood,, Colorado, Downtown Development
Authority (tbe •Authority•) ha• propoaed a Plan of Development for
a deaignated downtown developaent area, to conaiat of an off-
atreet park~ng lot, walk-tbrou9b iJlprovementa, conatruction of a
•ini-park and relocation of utility lin••1 and
· WBIRIAS, th• ·propoaed Plan of Development has been
reviewed by th• City Plannin9 and zoning COllUDiaaion, which has
reeo11 .. nded tbat tbe .City Council approve auch Plan1 and
WBl~BAS,. City Council held a public hearing on the
Plan on December 18, 1979, aa propoaed by the Authority and in
',. accordance with section 31-25-807(4) (c) c.a.s. 1973, as amended,
and baa approved aaid Plan1 and
WBBRBAS, petition• relating to the creation of a
special iaprove•nt diatrict for aucb purpose, pursuant to the
Charter of tbe city and c~apter 1, Title XII of . the Munic.i]>al
Code, have been filed with the City Clerk; and
WBIUAS, th• City Council bas determi·ned that it is
neceaaary to create a apecial iaprovement district within the
City, for · t~• conatruction of a parking lot, construction and
inatallation of walk-through improvements, the construction of a
aini-park and the relocation of certain utility lines, together
witb tbe aoquiaition of real property, including any easen,ents
therefor, and other neceaaary incidentals, as more particularly
••t forth in th• peti tiona ref erred to above, and to assess the
coat of th• iaprove .. nta againat th• property specially benefited
by th• iaproveMnta and included within the district1 ·and
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• WHEREAS, purauant ~o ·the Chartor of the City and Chapter 1, Title
XII of th.e Municipal Code of the City,· the City Council has de-
terained to conatruct and inatall auch i1nprovements, provided
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however, tbat tbe City Council •ball consider all protests and
objection•. tbat aay be aade in connection with the proposed
iaproveaenta, before ordering tb• construction tber.eof 1 and
WBB&BAS, tb• lngineer of th• City for the proposed
special iaprove•nt project baa prepared and filed preliminary
plan8, specifications, ••tiaat•• of cost, map• and achedules .for
the propoaed iaprov ... nt•1
•• IT USOLVBD BY TBB CITY COUNCIL or TBB CITY OF
EMGLllrOOD, COLORM>Oa
1. That tb• City Council bas determir.ed there exists a
neceaaity for tb• conatruction and installation o~ the improve-
••nta, together with neceaaary incidentals, as more particularly
••t forth in the notice of bearing,
iaproveMnt d~atr.ict for auc.b purpoa~.
deterained that the Plan of Development
and to create a special
The CoJncil haa further
proposec by · the ·Authority
haa been aubllitted to and approved by the City in accordance with
the proviaiona of Title 31, Article 25, Part 8, C.R.S. 1973, as
... nded.
2. That th• Bngineer's reports, together with the
preliainary details, specifications, estimates of cost, maps and
schedules prepared and filed with the City Cler~ be and the same
are hereby approved and adopted by tbe City Council for use in
the conatruction and inatallation of the . im;>rove:nents ·to be
made in aaid iaprove .. nt diatrict.
3. That aaterials to be used in constructing and
installing the proposed iaproveaents are stated in the Notice
hereinafter set forth.
4. That the ••••s•••nt• to be le-:ied against the
property to be included vi thin tb• diatrict, :or said improve-
ments, shall be due and payable within thirty days from and after
the final publication of th• ordinance a·asess i nq the whole actual
coat of said improvement• against the real ?ro?erty in said
district, provided, however, that any owner ~ho shall pay the
entire aaount of th• aaseas .. nt wi t bin·said period of time, shal~
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be entitled to an allowance of St of the amount of the assessment •
In the event any owner of real estate shall fail to pay the whole
of such assessment against his or her property within said thirty
days, then the whole coat of said improvements so assessed against
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such property shall be payable in ten (10) equal annual install-
ments of assessments. The interest rate on the unpaid install-
ments of assessments will be established by ordinance to be
adopted by the City Council at a later date. The first of said
installments of principal and interest shall be due and payable at
such time as may be determined in and by the assessment ordinance,
and the remainder of the annual installments of principal and
interest shall be due and payable successively on the same day in
each year thereafter until all are paid in full.
5. That th• property to be assessed for said improve-
ments shall be the property specially benefited by said improve-
ment a and included within the improvement district, and more
particularly described in the Notice hereinafter set forth.
6. That there shall be prepared an ordinance creating
within the corporate limits of the City, a special impro,·ement
district to be known as Downtown Improvement District No. 1980-1,
providing for the construction and installation of the improve-
ments, all as described in this Resolution, and in accordance with
the preliminary report, plans, maps, specifications, details and
estimates of coats of the Engineer, herein referred to and now on
file 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
July llr 1980. .
7. Notice of the public hearing on the creation of
the district shall be published once a week for three weeks
in the Englewood Sentinel, a newspaper of general circulation in
the City. In addition, a _ copy of such notice shall be mailed,
postage prepaid, to each known owner of real property within the
proposed district.
The published and mailed notice shall be in sub-
stantially the following form:
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N 0 T I C E
or TB£ INTENTION TO CREATE A SPECIAL IMPROVEMENT
DISTRICT IN EllGLEWOOD, COLORADO, TO BE KNOWN AS
DONN~9N IMPROVEMENT DISTRICT NO. 1980-1, FOR
TB£ CONSTRUCTION OF A PARICING LOT, CONSTRUCTION
AND INSTALLATION OF WALK-THROUGH IMPROVEMENTS,
TD CONSTRUCTION or A MINI PARK ARD THE RELOCA~
TIOll or CERTAIN UTILITY LINES, TOGETHER WITH THE
ACQUISITION or REAL PROPERTY, INCLUDING ANY
EASEMENTS TBBRIFOR, AND OTHER NECESSARY INCI-
DENTALS, AND OF A PUBLIC BEARING THEREON.
All owner• of real estate and property hereinafter
described, and all persons generally, are hereby notified that
tbe City Council of Englewood, Colorado, has adopted preliminary
details, plana and specifications for construction of certain
improvements, in and for a proposed special improvement district
within the corporate limits of Englewood, Colorado, to be known as
Downtown Improveir.ent District No. 1980-1. Said persons are
further notified •• follows:
(a) The improvements to be constructed or in-
stalled are a• followa1
(i) Parking lot for approximately 150 spaces in the
3400 block of South Lincoln Street.
(ii) Walk-through improvements will be constructed at ·
3450 South Broadway to connect the parking lot with South
Broadway.
(iii) Mini-park approximately 40 feet wide (north to
south) and approximately 125 feet long (east to west)
behind 3450 South Broadway, and will include landscaping,
walkway, irrigation system, furniture and playground.
equipment.
(iv) Removal of overhead utility lines in the alley of
the 3400 block between South Broadway and Sou th Lincoln
Streets to underground locations.
(b) The description of the proposed district,
and the property to be assessed with the cost of the improvements
shall be:
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(Attach Legal Description)
Beginning at a point 10 feet South of the Southwest corner of
Lot 6, Block 4, Pre•ier Addition1 thence Easterly along a line 10
feet South of the North line of Lot 7, Block 4, Premier Addition,
to the centerline of the alley between South Broadway and South
LincolnJ thence South to a point West of the North line of Lot 17,
Block 4, Pr .. ier Addition, thence ea•terly along the North line of
said Lot 17, and the Horth line of Lots 8 and 17 of Block 3,
Preaier Addition, to the centerline of South Sherman1 .thence
Soutbvardly on South Sberaan to a point East of the South line of
Lot 40, Block 2, of Birch'• Addition to South Broadway· Beights1
thence We•terly along the South line of said Lot 40, to the
centerline of the vacated alley between South Sherman and South
Lincoln1 thence South along the centerline of the vacated alley to
a point Ea•t of the South lot line of Lot 15 of said BlockJ thence
Westerly along the South line of said Lot 15 to the centerline of
South Lincoln Street1 thence Southwardly to a point East of the
South Line of Lot 35, Block 1, of Birch's Addition to South
Broadway Heights, and We•terly along the South line of said Lot 35
and Lot 16, Block 1, of Birch's Addition to South Broadway
Heights, to the centerline of South Broadway, thence North to a
point East of the South line of Lot 48, Block 1, Shadyside Addi-
tion1 thence West•rly along the South line of said Lot 48 to the
centerline of the vacated alley between Socth Broadway and South
Acaaa 1 thence North along said alley to the ?;orth line of West
Girard Avenue1 thence Ea•terly to a poin: whict is 92.S feet West
of the Northwest corner of the intersection of South Broadway and
West Girardi thence North 104 feet parallel to South Broadway1
thence Easterly 92.5 feet parallel to West Girardi ·thence con-
tinuing Ea•terly across South Broadway to the East line of South
Broadway J thence North to the point of beginning, all located in
the City of Englewood, County of Arapahoe, State of Colorado •
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( c) The probable total cost of all such improve-
ments to be c _onstructed and installed as described above is
$ ~40 loo. The coats shown on the petitions for the creation of
t e 0 d strict have been revised and include amended construction or
acquisition cost estimates, together with an estimate of the
architectural and administrative costs.
(d) It is anticipated that the City will pay
approximately $135,000 toward the total project cost.
( •) Th• remaining portion of the total cost will
be assessed against the property specially benefited by the
improvements, and included within the District. It is proposed
that the assessments will be assessed against all the real prop-
erty within approxi•ately a 400 foot radius of the proposed
parking area, on a square foot basis, in the proportion that the
total square footage of each tract included within the district
bears to the total assessable square footage of all the real
property to be included in th• entire district. The estimated
cost per square foot to be assessed is approximately $ 1.55 square
foot.
tion,
All estimates exclude the six percent (6•> for inspec-
collection, incidentals and interest as provided by law.
Property owners are specifically referred to the
schedule of proposed assessments which will be on file in the
Office of the Director of Engineering Services, from which the
approximate Dount to be assessed against any particular lot or
parcel of property .. y be determined.
Upon completion of said improvements, or as soon as
the total coat thereof is definitely ascertained, such cost shall
be apportioned to th• property in the District. Notice of such
apportionaent shall be given and a Hearing will be held prior
to the adoption of an ordinance assessing such cost, all as
provided by law.
( f) Said assessments will be due and payable
without d ... nd within thirty days from and after the final publi-
cation of an ordinance assessing the whole cost of said improve-
ments against the real property in said District; provided,
however, that any owner who shall pay the full assessment within
said period of thirty days shall be entitled to an allowance of
f iv• percent ( S•) • In the event that an owner of real property
shall fail to pay the whole of such assessment against the pro-
perty within said thirty days, then the whole cost of said im-
provement so assessed against the property shall be payable in ten
equal annual installMnts of prin~ipal. The first of such in-
stallments of principal shall be due and payable at such time as
may be determined in and by the assessing ordinance, and the
re .. inder of said installment• shall be payable · on the same date
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each year thereafter until all are paid in full. The rate of
intereat to be paid on unpaid and deferred installments will be
established by ordinance to be adopted by the City Council at a
later date.
(9) A Bearing on the creation of the District
will be held by the Council on Monday, the 14th day 6f July,
1980, at 7:30 P.M., at the Municipal Building in Englewood. A
public bearing shall alao be held prior to the final passage of
the ordinance creating the district, at the regular m•eting at
7:30 P.M. on Monday, Auguat 4, 1980 or at an adjournment thereof.
( b) Any person de• iring to be heard upon the
issue of the creation of the district or upon the construction,
installation or improv•••nt of the improvements involved, or the
proposed method of asses ... nt, may appear at the time and place
set for the public hearing thereon for that purpose.
( i) A •ap, estimate and schedule showing the
approxi .. te amount to be assessed, and all resolutions and pro-
ceedin9a vill be on file and can be seen and examined by any
peraon intereated at the Off ice of the Director of Engineering
Services at any time during business hours on or prior to the date
of hearing.
Dated the 16th day of June, 1980 •
( s E A L ) /s/ Gary R. Hi~bee
Director of Finance
Englewood, Colorado
Publish in: En9l~ood Sentinel
Publish on: June 18, 25 and July 2, 1980
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•• 8. A copy of the notice which will be published shall
also be mailed to each property owner to be included within
the district and who will be aaaeaaed with. the cost of the im-
prov•••nts.
9. Should any one or more sections or provisions of
this Resolution be judicially determined invalid or unenforceable,
such deteraination shall not affect, impair or invalidate the
re11aining provisions hereof, the intention being that the various
provisions hereof are severable.
ADOPTED AND APPROVED Thia 16th day of June, 1980.
( S E A L ) ~~;(:~ -, Mayor
ATTEST: -• Az;il ~;~~
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I, Gary R. Higbee, Director of Finance, ex-officio
City Clerk-Treasurer of the City of Englewood, Colorado, do hereby
certify that the above and foregoing is a true, accurate a~d
complete copy of Resolution No. 26 , Series of 1980, passed by
City Council on the 16th day of June, 1980.
~~d~~ ~Deeter of FinaCe
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