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HomeMy WebLinkAbout1977 Resolution No. 011,, . - • • • R £~Q~~!!Q~_!2~_1:_1 _________ !!,!!!!_!!l1 A RES OLUTION DF.CLARING THE INTENTION OF THE c ITY cou ri c IL OF r.NGLEWOOD, COLORADO, TO CREATE A SP ECIAL IHPROVEHENT DISTRICT IN THE CITY, TO BE D£SIGNATED AS PAVING DISTRICT NO. 24, ADOPTING DETAILS ANO SPECIFICATIONS FOR THE PROPOSED DISTRICT, AMD ORDERING PUBLICATION AND MAILINC OF THE NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS Jtl THE DISTRICT. WHEREAS, the City Counc 11 of En9lewood1 Colorado, ha• determined that it is neceaaary to create a apecial improve- aent diatrict within the City, for the purpoae of conatructing and inatall ing atreet paving, curb and gutter and sidewalk improve- •enta, together with neceaaary incidental•, on a portion of Weat Evan• Avenue, as set forth in this reaolution, and to aaaei• the coat of the i•prove11ent• againat the property apecially ben,fited by the improvements and included within the diatrict1 and WHEREAS, purnuant to the Charter of the City and Chapter 14 of the Municipal Code of the City, the City Council ha• determined to c.'.On o truc t 11nd inatall auch i111provementa, provided however, that th (! c ity Council •hall conaider all protests and objection• that 11ay be made in connection with the proposed i111prove111ents, before ordering the construction thereof: and tlllt:R EAS, pursuant to an order of the City Council, the Engineer of the City for the propoaed apecial improvement project haa prepared and filed preli•inary plana, specifications, eatimates or coat, maps and achedulea for the proposed improve- aenu1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: 1. That the City Council has determined there exists a necessity foe the construction and installation of the street paving, curb and gutter and sidewalk improvements, together with necesaary incidentals, on that portion of West Evans•Avenue, •• more particularly set forth in the notice of hearing, and to create a special i ~prove•ent district for such purpose. 2. Th at t h e Engineer's reports, together with the preliminary details, specifications, estimates of cost, maps and achedules prepared and fihd with the City Clerk be and the same are h e reby ~p p r o v e d and adopted by the City Council for use in the constr c ction and installation of the improvements to be made in said improveQent district. l. That r.t<Jterials to be used in constructing and in s tallinq the propo c ed inprovements are stated i~ the Notice he reinafter s e t for t h • -1- i I ~ J " i , I ·'• "''•' ',, ~I II I f .. I°!' • I I , ~ \ ;· l • J .#1·.f r '. ~ ... ;,.•.c,.•1' ~~. r 1 : ........ ·: . :~ .; .. ~ I ' ··, . '° i ' -: .. I ........... ; . -. a,• ,I .'• _, • • • • c. That the assess111ent1 to be levied ag1in1t the property to be included vi thin the diltr ict, for ••id improve- ••nt1, shall be due and payable vithin thirty days from and after the final publication of the ordinance 1a1es1ing the whole 1ctu1l co1t of said improve•ents a9ainat the real property in ••id diatrict, provided, however, that any owner who shall pay the entire ••ount of the as1ea .. ent vithin said period of tille, shall be entitled to an allowance of 5• of the .. ount of the ••••••••nt. In the event any owner of real estate ahall fail to pay the whole of 1uch ••••• .. •nt a9ainat his property vithin a1id th~rty d1y1, then the whole cost of said i•prove•ena ao aaseaaed 1g1in1t hi1 property 1h1ll be p1y1ble in ten (10) equal annual in1t1llment1 of ••••••••nts. The interest rite on the unpaid in1tall11enta of ••Ms .. enu will be eatablished by ordinance to be adopted by the City Council at 1 liter date. The fir1t of ••id in1t1llment1 of principal and intereat ahall be due 1nd payable 1t such time •• ••Y be deter•ined in and by the 111e••••nt ordinance, 1nd the r•1inder of the annual inat11laent1 of pr incip1l 1nd intereat 1ball be due 1nd payable 1ucce11ively on the .... d1y in each year thereafter until all ire p1id in full. 5. That the property to be HHlled for 11id jmprove- aenu •hall be the property specially benefited by aaid improve- •ent1 and included vithin the i•prove•ent di1trict, and more particularly deacr ibed in the Notice hereinafter set forth • 6. That there •hall be prepared an ordinance creating within the corporate l i•iU of the City, 1 1pecill i•provement di1trict to be known 11 P1vin9 Di1trict No. 24, providing for the construction and installation of the improvementa, all •• deacribed in this Resolution, and in accordance with the pre- liminary report, plans, ••pa, apeciflc1tiona, detail• and e1tl- ••t•• of costs of the Engineer, herein referred to and now on file in the off ice of the Director of Public Works. The proposed ordinance will be considered for p11119e on first reading by the City Council at a regular •••tln9 thereof to be held on March 7, lt77. 7. Notice of the public he1rin9 on the creation of the di1trict shall be published once 1 week for three weeks in the Englewood Herald Sc-ntlnel, a newspaper of general circula- tion in the City. In ~dition, a copy of such notice shall be •ai led, postage prepaid, to each known owner of real property within the propos•d district. The published notice shall be in substantially the following fora1 -2- i I - • • • !! ~ ! ! £ ! OF TH E INTEN TION TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN ENCLEUOOD, COLORADO, TO BE KNOWN AS PAVING DISTRICT NO. 24, FOR THE PURPOSI or CONSTRUCTING AND INSTALLLING STREET PAVING, CURB AND CUTTER AND SIDEWALi IMPROVEMENTS 1 TOGE T HER WITH NECESSARY INCIDENTALS, ON A PORTION OP WEST EVANS AVENUE, AND or A PUBLIC HEARING THEREON. All owner• of real eatate and property hereinafter deacribed, and all peraona CJ•nerally, are hereby notified that the City Council of En9lewood, Colorado, purauant to its own order hH adopted prel i111inary details, plans and specifications for con s truction of street paving, curb and g~tter and sidewalk i •prove•enta, in and foe a proposed apecial im~rovement district within the corporate liaits of Englewood, Colorado, to be known as Paving District No. 24. Said persons are further notified as follows a (a) The i•prove••nta to be conatructed or in- stalled are aa followsa Necessary grading and excavation, paving with a s• asphaltic concrete baae courae, and a 2• asphaltic concrete surface; concrete aidewalk, and curb and gutter where not already inatalled, together with necesaary appurtenances and incidentals, on the south one-half of West Evans Avenue, from the center line of South Zuni Street to the center line of South Raritan Street. The North one-half of Weat Bvana Avenue, between South Zuni Street and South Raritan Street, which is located within the city li•ita of the City and County of Denver, will be improved by the City and County of Denver at the aue tiae, but the iJ11proveaent• to tbe north h alf of the atreet, and the cost thereof, will not be included in this Diatr let. It ia anticipated that the City of Englewood and the City and County of Denver will enter into an Agreement relating to the adverti••- •ent of construction bids, the award of the construction contract and certain other matters relating to the construction of the project. (b) The description of the proposed district, and the property to be assessed with the coat of the improvements ahall be all of the real property fronting or abutting on West Evan• Avenue between the termini hereinbefore described, including the real property within one half (1/2) block of such avenue. Adjuatments for the assessment of costs will be made for irregular •nd odd shaped lots and parcels of property. (c) The probable total cost of the improvements to be constructed and installed is $127,000. (di The probable aaiount of the total cost which the Clty shall pay I G a pp r o xim ate ly $58,000. · (e ) The balance of the total cost which is not pdd by the City of Englewood will be assessed against the pro- pe rty spe cially henl'fite d by the improvements, and included within the D a n tci c t . Prob~b l c costs per front foot for said irnprovcoents arc an follow5: -3- . ' . ., .. I ' I ' • •• t.\ ·~ ·; 1'" / . ,; ;-, ,: .,. • A•phalt pavin9 o n s tr cc t n 44' wide (5 and 2) $24.00 per front foot Vertical curb and 9utter $ 5.60 per front foot Sidewalk S' wide $ 7.00 per front foot 6• thick concrete slab $2.25 per square foot All estimates exclude the six percent (6•> for inspec- tion, collection, incidentals and intere1t al provided by law. Ho aaseaarnents will be made for curbs, gutters and sidewalk• in place which conform with the plans and specification• for the proposed improveaenta and which are acceptable to the City En9ineer. The coat o.f improving street and avenue intersection• thro&19hout the District, and of paving in excess of 44' width• will be paid by the City of Englewood. Property owners are specifically referred to the 1chedule of proposed assessments which will be on file in the Office of the Di rector of Public Works, from which the approxi- aate uount to be a ssessed against any particular lot or parcel or property aay be determined. Upon completion of said improvement•, or aa soon as the total coat thereof is definitely a1certained, such cost shall be apportioned to the prop.r ty in the Dia tr ict. Notice of such apportionaent shall be given and a Hearing will be held prior to the adoption of an ordinance aaaea•ing such cost, all as provided by law. (f) Sa i d assessments will be due and payable without demand within thirty days from and after the final publi- cation of an ordinance assessing the whole coat 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\). Jn the event that an owner of real property 1hall fail to pay the whole of 1uch aa1eaament against the pro- perty within said thirty days, then the whoh cost of said im- prove•ent ao assessed a g ainst the property shall be payable in ten equal annual install rrents of principal. The first of such in- •tall•ents of principal shall be due and payable at such time a• ••Y be determin e d in and by the ••••••ing ordinance, and the reaalnder of said in st all ments shall be payable on the same .date each year thereafter until all are paid in full. The rate of interest to be pa id on unpaid and defer red installments will be established by ordinance to be adopted by the City Council at a later date. (g) A Hea ring on the creation of the District will b~ he l d Ly th•· "'''rnc 1 I nn Monday, the 28th day of February, 1977, at 7:30 P.P1., cl t the Mun icipal Buildin9 in Englewood. A public hear in9 shall also be held prior to the final passage of the ordinance, at the re9 u lar me etin9 at 7130 P.M. on Monday, "uch 21, 1977. (h) Any person desiring to be heard upon the i ssue of the creati ~n of th• district or upon the construction, installation or i np ro~e~ent of the i~provements involved, may ap~ar at the ti w ~ and place set for the public hearing thereon for that purp ~s~. -4- ' · 1 " " ":'' •' .... , , .... \, ~-~ .. ;. • t ~· n··· .. ·.·· -. j • I ,. ' J .; ~ • • • ( i) A 11ap, ~•ti•ate •nd schedule showin9 the ap proxl••t• a•ount to be ••oeased, •nd •11 resolutions •nd pro- ceedin9s will be on file •nd c•n be seen •nd examined by any person interested •t the Office of the Director of Public Work1 at •ny ti•e during business ho urs on or prior to the date of hearing. Dated the 7th d a y o( February, 1977. (SEAL) Isl Publish inr En9lewood Her•ld-Sentlnel Publish ons February 9, 16 and 23, 1977 -s- William Ja•ea Director of Finance Englewood, Colorado / • 8. A copy of the notice which will be published shall also be •ailed to each property owner to be included within the di.tr ict •nd who will be •HeHed with the cost of the im- prove•ente. 9. Should •ny one or more sections or provisions of this Reeolution be judici•lly deter•ined invalid or unenforceable, such deter•in•tion sh•ll not affect, impair or invalidate the re••in1n9 provisions hereof, the intention being that the various provisions hereof are severable. ADOPTED AND APPROVED Thia 7th day of February, 1977. (SEAL) ~-4~ r -6- I -.. '. -'· . •' ·~ _.,._ -..f j ;':"'~:· I ;' I i ,<.