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HomeMy WebLinkAbout1982 Resolution No. 015RESOLUTION NO. /5 SERIES OF 1982 --------------- A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF ENGLEWOOD, COLORADO, TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN THE CITY, TO BE DESIGNATED AS PAVING DISTRICT NO. 28, ADOPTING DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT, AND ORDERING PUBLICATION AND MAILING OF THE NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN THE DISTRICr. WHEREAS, the City Council of Englewood, Colorado, has determined that it is necessary to create a special improve- ment district within the City, for the purpose of constructing and installing street paving, curb and gutter and sidewalk im- provements, together with necessary incidentals, on a certain streets and avenues as set forth in this resolution, and to assess the cost of the improvements against the property specially benefited by the improvements and included within the district; and WHEREAS, pursuant to the Charter of the City and Chapter 14 of the Municipal Code of the City, the City Council has de- termined to construct and install such improvements, provided however, that the City Council shall consider all protests and objections that may be made in connection with the proposed improvements, before ordering the construction thereof; and WHEREAS, pursuant to an order of the City Council, the Engineer of the City for the proposed special improvement project has prepared and filed preliminary plans, specifications, esti- mates of cost, maps and schedules for the proposed improvments; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: 1. That the City Council has determined there exists a necessity for the construction and installation of the street paving, curb and gutter and sidewalk improvements, together with necessary incidentals, on those streets and avenues which are more particularly set forth in the notice of hearing, and to create a special improvement district for such purpose. -2 - ,. 2. That the Engineer's reports, together with the preliminary details, specifications, estimates of cost, maps and schedules prepared and filed with the City Clerk be and the same are hereby approved and adopted by the City Council for use in the construction and installation of the improvements to be made in said improvement district. 3. That materials to be used in constructing and installing the proposed improvements are stated in the Notice hereinafter set forth. 4. That the assessments to be levied against the property to be included within the district, for said improve- ments, shall be due and payable within thirty days from and after the final publication of the ordinance assessing the whole actual cost of said improvements against the real property in said district, provided, however, that any owner who shall pay the entire amount of the assessment within said period of time, shall be entitled to an allowance of SI 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 property within said thirty days, then the whole cost of said improvements so assessed against his property shall be p~yable in ten (10) equal annual installments of assessments. The interest rate on the unpaid installments of assessments will be established by ordinance to be adopted by the City Council at a ~ater 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 installl!'ents 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 the property to be assessed for said improve- ments shall be the property specially benefited by said improve- ments and includ~d 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 improvement -3 - district to be known as Paving District No. 28, providing for the .construction and installation of the improvements, all as described in this Resolution, and in accordance with the pre- liminary report, plans, maps, specifications, details and esti- mates of costs 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 A pr i1 5 , 1 9 8 2 • ,·. 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 notice shall be in substantially the following form: -4 - N O T I C E OF THE INTENTION TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN ENGLEWOOD, COLORADO, TO BE KNOWN AS PAVING DISTRICT NO. 2 8, FOR THE PURPOSE OF CONSTRUCTING AND INSTALLLING STREET PAVING, CURB AND GOTTER AND SIDEWALK IMPROVEMENTS, TOGETHER WITH NECESSARY INCIDENTALS, ON CERTAIN STREETS AND AVENUES, AND OF A PUBLIC HEARING THEREON. All owners of real estate and property hereinafter described, and all persons generally, are hereby notified that the City Council of Englewood, Colorado, pursuant to its own order has ad o pted preliminary details, plans and specifications for construction of street paving, curb and gutter and sidewalk improvements, in and for a proposed special improvement district within the corporate limits of Englewood, Colorado, to be known as Paving District No. 28. Said persons are further notified as f ol l o ws: {a) The improvements to be constructed or in- stalled are as follows: s. s. s. s. s. s. s. s. s. s. s. s. s. s. ··-s. s. s. s. w. 1. Necessary grading and excavation, paving with 6" compacted gravel base course and 2" asphaltic con- crete surface, concrete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the following streets and ave- nues: 00 FID1 'IO Acana St. N. 1.ine Jefferson Ave. N. line Kenyon Ave. Acana St. s. line Kenyon Ave. N. line Lehigh Ave. Acana St. s. line Lehigh Ave. N. line Mansfield Ave. Acana St. s. line Mansfield Ave. N. line Nassau Ave. Acana St. s. line Nassau Ave. N. line oxford Ave. Acana St. s. line Stanford·Ave. N. line Tufts Ave. Cherokee St. s. line Yale Ave. N. line Amherst Ave. Cherokee St. s. line Amherst Ave. N. line Bates Ave. Cherokee St. s. line Bates Ave. s. line Cornell Ave. Cherokee St. s. line Cornell Ave. N. line Dartrrouth Ave. Cherokee St. s. line Dartrrouth Ave. N. line Eastman Ave. Cherokee St. s. line Eastman Ave. N. line Floyd Ave. Lincoln St. s. line Kenyon Ave. N. line Lehigh Ave. Lincoln St. s. line Lehigh Ave. N. line Mansfield Ave. La3an St. s . line Yale Ave. s. line Amherst Ave. La3an St. s. line Amherst Ave. s. line Bates Ave. La3an St. s. line Bates Ave. s. line Cornell Ave . La3an St. s. line Cornell Ave. N. line Dartrrouth Ave. Union Ave. E. line Decatur St. w. eoo Platte River Bridge -5 - •. 2. Necessary preparation of present surface, overlaying of same with 2-inch asphaltic concrete, and concrete walks, curbs, and gutters, where not presently adequate; together with appurtenances and other incidental work on the following streets and ave- nues: 00 w. Radcliff Drive w. Chenango Ave. W. Stanford Ave. w. line of 3170 & 3173 w. Radcliff Dr. E. line Iowel.l Blvd. E. line Irving St. TO w. line Federal Blvd. w. line Irving St. W. line Federal Blvd. 3. Necessary replacement of walks, curbs, & gutters where not presently adequate; together with appurte- nances and other incidental work on the following streets and avenues: S. Acana St. W. Bellewcx:x:1 Dr. w. Olenango Ave. w. Grand Ave. W. Layton Ave. w. r-t::>rmouth Ave. w. Pimlico Ave. w. Sarato;a Ave. w. Stanford Dr. w. Tanforan Dr. w. Tufts Ave. W. Union Ave. W. Grand Ave. s. line Quincy Ave. E. line Irving St. E. line Federal Blvd. E. line Irving St. E.'line Federal Blvd. E. line Irving St. E. line Irving St. E. line Federal Blvd. S. line Stanford Ave. E. line Federal Blvd. E. line Irving St. E. line Federal Blvd. E. line IDwell Blvd. -6 - N. line Radcliff Ave. W. line Federal Blvd. W. line Decatur St. w. line Federal Blvd. w. line Decatur St. W. line Federal Blvd. w. line Federal Blvd. w. line Decatur St. w. line Federal Blvd. w. line Decatur St. W. line Federal Blvd. E. line Decatur w. line Irvi03 St. (b) The description of the proposed district, and the property to be assessed with the cost of the improvements shall be all of the real property fronting or abutting on the streets and avenues between the termini hereinbefore described, including the real property within one-half ( 1/2) block of such streets and avenues. Adjustments for the assessment of costs will be made for irregular and odd-shaped lots and parcels of property. ( c) The probable total cost of the improvements to be constructed and installed is $1 , 41 Ff, 2:66 • .J /J ~5 5"; r:2_00 (d) The probable amount of the total cost which the City shall pay is approximately $369,1,0. ,I 310, 1.50 (e) The balance of the total cost which is not paid by the City of Englewood will be assessed against the pro- perty specially benefited by the improvements, and included within the District. Probable costs per front foot for said improve- ments are as follows: Asphalt paving on streets 36' wide (6 and 2) $31.29 per front foot 2" Asphalt overlay on streets 36' wide $13.26 per front foot Paving of other widths shall be in proportion to the above estimate. 4" thick curbwalk -Type I $25.05 per front foot 4" thick curbwalk Type II $28.80 per front foot Vertical curb and gutter $16.67 per front foot Sidewalk 4 I wide $15.88 per front foot 6 II thick concrete slab $5.01 per square foot All estimates exclude the six percent ( 6%) ·tor inspec- t ion collection, incidentals and interest as provided by law. The costs of paving to be constructed along the sides of corner lots within said District shall be assessed against proper- ties within one-half (1/2) block, or 300' of such intersections and corner lots, whichever is smaller, on a zone basis in accor- dance with benefits conferred on such properties. Each one-half (1/2) block, or 300' section, will be div1ded into six (6) parallel zones and assessments will be on the following basis: -7 - . . ... 1st 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 ••••••••••••••••••••••••••••••••• 14.291 Total 100% No assessments will be made for curbs, gutters and sidewalks in place which conform with the plans and specifications for the proposed improvements and which are acceptable to the City Engineer. The cost of improving street, avenue and alley intersec- tions throughout the District, and of paving in excess of 36' widths and 8" thickness on streets designated as arterial or collector within residential zoning as of March 8, 1982, will be paid by the City of Englewood. Property owners are specifically referred to the sched- ule of proposed assessments which will be on file in the Office of the Dire·ctor of Engineering Services, from which the approximate amount to be assessed against any particular lot or parcel or property may be determined. Upon completion of said improvements, or as soon as the total cost thereof is definitely ascertained, such cost shall be apportioned to the property in the District. Notice of such apportionment 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 demand 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 five percent ( 5%). 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 . installments of principal. The first of such in- · stal lments of principal shall be due and payable at such time as may be determined in and by the assessing ordinance, and the remainder of said installments shall be payable on the same date each year thereafter until all are paid in full. The rate of interest to be paid on unpaid and deferred installments will be established by ordinance to be adopted by the City Council at a later date. -8 - (g) A Hearing on the creation of the District will be held by the Council on Monday, the 29th day of March, 1982, at 7:30 P.M., at the Municipal Building in Englewood. A public hearing shall also be held prior to the final passage of the ordinance, at the regular meeting at 7:30 P.M. on Monday, April 19, 1982. (h) Any person desiring to be heard upon the issue of the creation of the district or upon the construction, installation or improvement of the improvements involved, may appear at the time and place set for the public hearing thereon for that purpose. ( i) A map, estimate and schedule showing the approximate amount to be assessed, and all resolutions and pro- ceedings will be on file and can be seen and examined by any person interested at the Office of the Director of Engineering Services at any time during business hours on or prior to the date of hearing. · Dated the 8th day of March, 1982. ( S E A L ) /s/ Gary R. Higbee Director of Finance Englewood, Colorado Publish in: Englewood Sentinel Publish on: March 10, 17 and 24, 1982 -9 - .,..,. ,. 8. A . copy of the notice which will be published shall als9 be mailed to each property owner to be included within the district and who will be assessed with the cost of the im- provements. 9. Should any one or more sections or provisions of this Resolution be judicially determined invalid or unenforceable, such determination shall not affect, impair or invalidate the remaining provisions hereof, the intention being that the various provisions hereof are severable. ADOPTED AND APPROVED This 8th day of March, 1982. ( S E A L ) ATTEST: 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 and complete copy of Resolution No. 16' , Series of 1982, passed by City Council on the 8th day of March, 1982. ~c~~io City Clerk-Treasurer -10 -