HomeMy WebLinkAbout1976 Resolution No. 017. .
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RESOL UTION N(). 17 , :a rn 11 ·:~; OF 1 ~7(i
A RESOLUTION DEC LARING 'l'll E I NT ENT OF THE CITY COUNCIL OF THE
CITY OF ENGLEWOO D, COL ORA DO , TO CREATE A SPECIAL IMPROVEMENT
DISTRICT IN THE CITY TO BE DESIGNATED AS PAVING DISTRICT NO.
23, ADOPTING DETAI LS AN D S PECIFICATIONS FOR THE PROPOSED
DISTRICT, AND ORDER I NG PU Bl.I CATION AND MAILING OF NOTICE OF
HEARING TO THE OWNERS OF 'l'HE PROPERTY TO BE ASSESSED FOR
IMPROVEMENTS IN S AT O OT S 'I' H 1 CT .
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WHEREAS, t he City Co uncil of Englewood, Colorado, has
determined that it is n ece~s a ry t o create a Special Improvement
District within the Cit y , for the purpose of constructing and
installing street paving, c urb and gutter and sidewalk improve-
ments, toqether wi th n e c essary incidentals, on certain streets
and avenues as set f or t h i n this Resolution, and to assess the
cost of the improveme n ts ag ain st the property specially
benefited by the im p r o v em e n t s a n d included within the District; and
WHEREAS, pur s u an t t o the Charter of the City and Chapter 1,
Title 12, 1969 E.M.C ., th e Ci t y Council has determined to con-
struct and instal l s u c h imp rove ments, provided however, that
the City Counci l s h a l l c o nsi d e r a ll protests and objections that
may be made in conn ectio n wi t h t he proposed improvements, before
directing and ord e ri n g th e construction thereof; and
WHEREAS, pursuan t t o the Master Agreement between the
State Department of Highwa ys, Division of Highways, State of
Colorado, and the City o f Englewood, Colorado, the Engineer
of the City in c on jun ction with t he State Department of Highway's
Engineers, have p r e pare d a nd fi l e d preliminary plans, specifications,
estimates of cost s , ma ps a nd sche dules for the proposed improve-
ments; and
WHEREAS, Fede ra l Funds are allocated under the Urban
Systems Highway Program in a n a mount equal to seventy-four (74%)
percent of the to t a l c os t of s a id project.
NOW, TH EREFO RE , DE I T RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ENGL EWOOD , CO LO RADO, a s follows:
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I . ·rti.e t t 1 ... < • 1 1 i' ''n111w i l h an ·J otc rminod t ho re o xiets
c1 n ecessity t or th<· <·rn1 ::t t 11 <"t i o n .met in sta J lri t ion of the strf'ct
p.1vi1HJ, c uab '""'" •J 11f t,•1 o11 1d !Ji d l.!wu lk improvements, together
with the n ecPss.i ry i 1w i <11 ·11 t .i I :;, o n the avenue which is more
particularly S<!l forU 1 i11 Lhc Notice of Hearing, and to create
a Special Improveme n t Di~trict for such purpose.
2. That t he En gi n ee r's reports, together with the
preliminary details, specif ications, estimates of costs, maps
and schedules prcp~rcd and filed with the City Clerk be and
the same are hereby app r o v e d and adopted by the City Council
for use in the construction and installation of the improvements
to be made in sai d Impro veme nt District.
3. That mat er1~ls to be used in constructing and
installing the propos ed improvements are stated in the Notice
hereinafter s et forth.
4. •rti.i t t l 1v a :;::<•::!.i mc n l8 lo bl! levie d against the
property to be i 1w I 111 1 .. d w i 1 hi n th (· Di str i ct , for said improve-
ments, shall b e du l.! dllU fJ dY dblc wit hin thirty (30) days from and
after the fin al publ1 c iJLj u 11 of t h e ordinance assessing the
whole actual cost of sdid Jmprov c me nts against the real property
in said Distri ct , µro vid cd , ho we ve r, that any owner who shall
pay the cnti r e .imoun t of t "' · .i ssc s s me nt within said period of
time, shall be c n t.il LC'd t o d n (l )]o wance of five (5%) percent
of the amount o f l h e uS~t ·~!.>11 1 e 11 L . In the event any owner of
real estate shall fail t o pJ y the whole of such assessment against
property within said thirty (30 ) days, then the whole cost of
said improve me nt·:• r.n .i :.:.1·:. ·<'cl •HJ.1 inst his property shall be
payable in ten (1 0 ) equJl o nnual installments of assessments.
The interest rate o n th e unp aid installments of assessments
will be established by ordi na nce t o be adopted by the City ·
Council at a later d ate. The first of said installments of
principal and interest s h all be due and payable at such time
as may be determined in and by the assessment ordinance, and
the remainder of the a nn u~l insta llments of principal and interest
shall be due and pay a b le suc ces s i v e ly on the same day in each
year thereafter until all a re paid in full.
S. That the pr op e rty to be assessed for said improve-
ments shall be the pro pert y specially benefited by said improve-
ments and included within t h e Improvement District, and more
particularly des cribed in t he I~otice hereinafter set forth.
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6. Th al l h c re s li...i 1 I h e pre pare d an ordinance
r~ .. 1ti n 9 within 11 11' 1·1np111.i l 1• I 11111 l:: of lhe Ci ly, <l Spe cial
Improvement Di s tr ict to be known as Paving District No. 23,
providing for t h <" ~on~t nwt ion (m d in sta l la t i on of the improve-
mc ·1lt1 , o.1 1 1 JU dl·::1·1 ll w d 111 1 11 1 :.J l<1·:Jol uL i o11, dnd in a ccordance
with the prelimi n a ry n•porL , p l a n s , ma ps, spe cifications,
details and estima t es of cos ts of the Engineer, herein referred
to and now on file in the of f ice of the Director of Public Works.
The proposed ordinan ce will b e considered for passage on first
reading by the Ci t y \ou n \1 1 at a r <"qular mee ting thereof to be
held on May 17, 1 97u .
7. Not ice of t ht • Pu b lic He aring on the creation of
the District shall be publij h ed o nce a week for three (3)
weeks in th e En g l e wood t h •r.i l rl S'•n l in c l, a newspa per of general
circulation in t h e City . ln dddit ion, a copy of such Notice
s h a ll be ma iled , pusL...HJ e pr L'l "-J id , to eac h known owner of real
property with in th p ropos e d 01st r ic t.
The p u blished Nol u;c s l t..1 l l b e in substantially the
~ollowin9 form:
N 0 T I C E
OF THE INTEN TION TO CRE ATE A SPECIAL IMPROVE-
MENT DISTRICT IN ENGLE WOOD, COLORADO, TO BE
KNOWN AS PAVIN G DIS TRICT NO. 23, FOR THE PUR-
POSE OF CON S T RUC~'I NG AND INSTALLING STREET
PAVING, CURB AND GU TTER ~ND SIDEWALK IMPROVE-
MENTS, TOGRT HER WIT H NEC ESSARY INCIDENTALS,
ON CERTAIN S T REET S AND AVENUES THEREIN, AND
OF A P UBLIC HEARIN G T HE REO N.
All owne r s oi L t: d esL <J l e a nd property hereinafter
described, and all person ;,, <Jcnc...:rn lly, are hereby notified that
the City Coun cil of En <Jl t•wood , Colorado, pursuant to its own
order has adopted prc l.1ml.rh ..tr:; detai ls, plans and specifications
for construction o f street p av ing, curb and gutter and side-
walk improveme n ts , in •. rnd to r a pro pos e d Special Improvement
Di strict with i n the corpol.u lc limi ts of Englewood, Colorado,
to be known as P aving OisL ric t No . 23. Said persons are
f urthe r not ifie d .:ts foll
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(a) The improvemen ts to be constructed or installed
are as follow•:
1. Necess ary grading and excavation, paving with
seven (7) inch deep stre ngh asphaltic concrete, concrete walks,
curb and gutter where not a lready installed; together with
appurtenance• and incidentals on the following avenue:
ON
West Dartmouth Avenue
FROM
Wes t side of South
Zuni Street
TO
East side of the
Atchison Topeka
& Santa Fe Railroad
right-of-way at
approximately Huron
Street extended
(b) The dcscripL1on of the p r opose ~ c.istrict, and
the property to b ~ a ssessed with the cost of the improvements
shall be all of the real pro perty fronting or abutting on the
streets and alleys between t he termini hereinbefore described,
including the real property within one half (1/2) block of such
streets and alleys. Ad justme n ts for the assessment of costs
will be made for irrcgul<l r and odd shaped lots and parcels.of
property.
(c) The probabl e t otal c ost of the improvements to
be constructed and i n staJl c d in $ 337,800
(d) The probab l e amou nt of the total cost which will
be paid under the Urban S y stems Highway Program is approximately
$ 236,800
(e) The proba bl e a mount of the total cost which the
City shall pay is approx imd t e ly $ 41,500
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(f) The bal ance o f the total cost which is not paid
by the City of Englewood will be assessed against the property
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 44' wide $ 6.40
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per front
foot
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Pavi•.g of ul1 1L!1 wad l h :. :;11 .dl IJ c i n µroportion to the above
cst;i.matc.
"cr l.iCJl ~UI l.J dtHI •JUI t l;I $ 2.1 5
Si d C WJ) k 4 1 W i d 1 • $ '2.00
per front
foot
per front
foot
6• thick concrete slab $ 0.85 ~,1:-.<-.-square f~-"
' All estimates ex c lude the six (6%) percent for inspection,
collection, incidentals a nd interest as provided by law.
The cost s of pavi ng to be constructed along the sides
of corner lots within said District shall be assessed against
properties with in one-half (1/2) block or 300' of such inter-
sections and corner lots , whichever is smaller, on a zone basis
in accordance with bene fi ts conferred on such properties.
Each one-half (1 /2 ) block or 300' section, will be
divided into six (6) paral lel zones and assessments will be on
the following basis:
1st Zon e abuttino on street or
avenue •..•••..•••••••••••••••••••••••••• 28.55%
Next Zone •••.•..•.•••••••••••••••••••••••• 14.29%
Next Zon e . • • • • . .. • • • • • • • • • • • • • • • • • • • • • • • • • • 14. 29%
Next Zone ..............•.....•.•.•••.••••• 14.29%
Next Zone. • . . • • . • • • • • • • • • • • • • • • .. • • • • • • • • • • 14. 29%
Next Zone .................................. 14.29%
TOTAL • • • • • • • • • • • • • • • • • • • • • 100%
No assessme nts wi ll be made for curbs, gutters and
sidewalks in place which c onform with the plans and specifications
for the proposed improve me nts and which are acceptable to the
City Engineer.
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'f h c cuul o t i mpJ u v i n y street, a v e nue and alley inter-
S<?ct ion s t h rouf'l hn 11t th·· ni :;t r i c t wi 1 J h e LJJ id by the City of
Engle wood.
P ropert y o wnt·r:• .1 1 c.: npcc i.f ica lly r e f e rred to the schedule
of proposed asse ssme n ts wh ich will be on file in the Office of
the Di rector of Pub lic Wo r k s , from which the approximate amount
to be asse s sed agai n sL any pa rt icular lot or parcel or property
may be determin e d.
Upon c o n•pl l·Li.o n t>I :.:;Ji<l i mlJrovcm e nts, or as soon as the
total cost the r e o f is defi n i t e ly ascertained, such cost shall
be apportion e d to the pro p e rty in the District. Notice of such
apportionment sha l l b e give n a nd a He aring will be held prior
to the adoption o f a n ord i n a nce assessing such cost, all as
provided by law.
(g) Said .Jssessn~nt s will be due and payable without
demand within thirty (30) days from and after the final publication
of an ordinance assessing the whole cost of said improvements
against the real property i n said District: provided, however,
that any owner who shall pay the full assessment within said
period of thirty (30) days shall be entitled to an allowance
of five (5%) percent. In the event that any owner of real
property shall fail to pay the whole of such assessment against
the property within said thirty (30) days, then the whole cost
of said improvement so asse ssed against the property shall be
payable in ten (10) eq u al a nnual installments of principal.
The first of such in slalln~ra ts of principal shall be due and
payable at such time as ma y be determined in and by the assessing
ordinance, and the remai n de r of said installments thereafter
until all are paid i n f u ll . The rate of interest to be paid
on unpaid and deferred insta llments will be established by
ordinance to be adopted b y t h e City Council at a later date.
(h) A Hear i n g on the creation of the District will
be held by the Counc i l on Monday, the 3rd day of May, 1976,
at 7:30 o'clock P.M., at t h e City Hall in Englewood. A
further Public Hea r i n g sha l l b e h e ld prior to the final passage
of an ordin a n ce crccJting !:>cl.td Dist rict at the regular meeting
of the City Council at 7:3 0 o'clock P.M., at the City Hall in
Englewood on Mond ay , Jun e 7 , 1976.
(i) Any person de s i r ing to be heard upon the issue
of the creation of t he Di s tr i ct o r upon th e construction,
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installation or impro v e me nt of the improvements involved, may
appear at the time a nd µla ce set for the Public Hearing thereon
for that purpose.
(j) A map, estimate and schedule showing the
approximate amount to be assessed, and all resolutions and
proceedings will b e o n fil e and can be seen and examined by
any person interested at the Off ice of the Director of Public
Works at any time during business hours on or prior to the date
of Hearing.
DATED the 5th day of April, 1976.
(S E A L) /s/ William D. James
Director of Finance
ex officio City Clerk-Treasurer
Publish in: Englewood He r a ld-Sentinel
Publish on: April 7, 14 and 21, 1976
8. A copy of the Notice which will be published
shall also be mailed to eac h property owner to be included
within the District and who will be assessed with the cost of
the improvements.
9. Should any o ne or more sections or provisions
of this Resolution be judicially determined invalid or unen-
forceable, such dete rmin at ion shall not affect, impair or in-
validate the ren~in i n g pro visions hereof, the intention being
that the various provisions hereof are severable.
AD OP TED /\NO /\l'PHOVl-:11 Lhi s 5l h day of /\pril, 1976.
~h~
Mayor ,-------,
ATTEST:
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ex ollrclo Ci~erk-Tr eas urer
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J , Wi l'I i.1m I • •• r.i ui.•::, 1·x officio C it'y C l••rk -Trc•:1uurc•r
of lhc t:ily u l l-:111_1lt·woud, t'o l u t·.H.t u , d o h crcl>y certify t h at
the abo v e anti rort.·qoi 1icJ i~; ... 1 Lr u c , c.1cc u ratc a nd compl ete copy
of Resolution No. 1 ~ , S1•ri1.•H of 19 7 G .
~Lr:· p~ ...
~ ex~orficio CUilf"'Clerk-Treasurer
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