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Home My WebLink About1999 Resolution No. 084• RESOLUTION NO. M SERIES OF 1999 A RESOLUTION AUTHORIZING THE NOTIFICATION OF PROPERTY OWNERS OF ASSESSMENTS WITHIN PAVING DISTRICT NO . 38 ESTABLISHING A DATE FOR A PUBLIC HEARING ON THE ASSESSMENTS. WHEREAS , by Ordinance No. 54, Serie, of 1998, passed on final reading and adopted on August 17, 1998, the City Council of the City of E."glewood, Colorado, baa created Paving District No. 38 (the "District") within the City for the purpobO of constructing and installing stre•t paving, curb, gutter, sidewalk and storm drainage improvements, together with ncceasary incidentals; and WHEREAS, the total coats for the construction and installation of the improvements have been reliably ascertained; and WHEREAS, a statement showing said improvement coats and a propoeed apportionmen•; of the eame against the real property within the District hae been filed with the City Clerk; and WHEREAS, the City Council has considered the epeciai benefits aa:ruing .:o each lot or tract of land within the District by reaeon of the making of the improvements and baa determined that the apportionment of the aBSessmenta for said improvements, aa set forth in th~ aaae~ent rolL is in accordance with ouch benefits; and ,_ \ WHEREAS, Section 11-2-7 of the Municipal Code of the City provides that prior to the final paeeage of an orcfuunce levying aeaeSBments upon the real property in the District, the City Council shall, by resolution, aet a time and place for a public hearing on the assessments; and WHEREAS, Section 11-2-7 further provides that the date of the hearing shall not be less than fifteen (15) days after the firet p1 ,blication of such notice; NOW , THEREFORE, BE IT J:.F,!>)LVED BY THE CITY COUNCIL OF THE CITY OF E~'GLEWOOD, COLORADO: Sw:tilm..1-That the Cicy Clerk is hereby authorized and directed to notify the owners of the real property to be assessed for the improvements by publication of this Reoolution in three consec-Jtive weekly issues of the EnglewOOG Herald, a newspaper of general circulation in tLe City, that the total costs of the improvements have been reliably ascertained, that such costs have been apportioned according to benefits, and that a hearing on the assessment roll will be held on Tueeday, Septem:ier 7, 1999, at the Municipal Building, 3400 S. Elati Stree~ in Englewood, Colorado, at 7:30 P.M. or at such later time as the City Council is able to bear it in its normal course . In addition, notice of the time, date and place of the hearing shall be mailed to each cwner of real property to be assessed with the coat of improvements, on or about the date of the first publicaton of this Resolution. Sl:l:tilm...2.-The whole cost of the improvements to be constructed and installed within the District is $1 ,394 ,4 70.83, of which amount the City of Englewood will pay $668,936.40, leaving $73 6,634.43, to be assessed against the real property within the real property s,ecially benefited and included within the District. The amount to be aosessed against each lot or tract of land 1s set forth in the asseeement roll filed with the City Clerk. ScctiJ:m..a. That any complaint.a or objections which may be m11de in writing by the owners of real property within the District or any citizen of the City, filed in writing on or bofon. the date of the hearing in the office of the City Clerk , will be considered and heard by the City Council . 02-46613 ,01 ~-That any complaint or objection to the validity of the nes easmeln • .Jt the proceedings • taken therefore ehall be deemed waived Wlleaa pre110nted in writing at the time an -I ;,, the ,uanner ee t forth above . ~-That if any one or more aectiona or parta of thia :lesolution ahall be acijudl"d unenforceable or invaJ.:d. auch judgm ,nt shall not affect, i.J:lpsir or invalidate tba remainin11 provisions of this Resolution, it being the intention that the various provisions bereo( are oeverable. ADOPTED AND APPROVED this 16"' day of August, 1999 . . i..iJ ct.0, ~rerk I, Loucriahia i!:~1 City Clerk of the City of Englewood, Colorado, certify the above ia a true copy ""'"""° No -'L ,,~ _,_ ~k 4 (JJ, Englewood Heralu Fint Publication: Aug :et 20 , 1999 Second PubJ;cation: Auguet 27 , 1999 Third Publication: September 3, i999 02-<6623 .01 ~ucrishia Ellis, City Clerk 2 COUNCIL COMMUNICATION Date Agendeltem Sub~'Ct Resolut10~ Authorizing a Public Hearing on Assessments for August 16, 1999 10 Ci I 'aving District No . 38 Initiated By 3ource Department of Public Works ! Stet Ken Ross, Director of Public Works COUNr:IL GOAL AND PREVIOUS COUNCIL ACrtOII Council approved Resolution No . 40 on March 17, 1997, declaring the City's intent to form Paving District No . 38 , Ordinance No. 34, 1997, c1~!lting Paving District No . 38, and Ordinance No. 54, 1998, re-creating and re-establishing Paving District Nn . 38. RECOMMENDED ACTION Adopt a Resolution to notify property owners of assessments within Paving District No. 38 and to establish Tuesday, September 7, 1999 as the date for a Public Hearing on assessments . i:IACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Section 11-2-7 of the Englewood Municipal Code provides that prior to the final passage of an ordinance levying assessments upon the raal property in the District, the City Council shall, by resolution, set a time am! ;ilace for a publl,, hearinQ on the assessments. Construction cost estimates for Paving Dlstr "'I No . 38 w,,re prepared by staff In February, 1997, and included in Resolution No 40, March 17, 19t : declaring n:e City's intent to form Paving District No . 38 . Bids for the construction of Paving District No. 38, opened June 18, 1998, reflected highly Inflated costs in the construction industry, driven by labor shortages and cement shortijges , that caused concrete unit prices to increase approximately 50% over the past 18 months. These increased costs will cause many property owners in Paving Distrir.t No . 38 to receive assessments far exceeding estimates published during the 1997 formation of Paving District No. 38. Staff believed that ii was necessary to amend Ordinance No . 34, 1997 that created Paving District No . 38 in order to address the actual costs associated with the construction of Paving DistMct No . 38. Council approved the ordinance amending, re-creating and re-astablishing Paving District No. 38 on first reading July 20, 1998. A Public Hearing on the ordinance was held on Monday, August 17 , 1998. To facilitate beginning construction of this project during 1998, and consequently taking advantage of the bid process for this project from June, 1998, Council varied from its normal procedure and approvec the ordinance on final reading at the August 17, 1998 Council meeting, makin g this ordinance in full fJrce and effect at 12:01 a.m . September 20, 1998 . This variance allowed for award of a construction contract e! the September 20, 1998 meeting, which gained six to eight weeks of productive construction for the prr,1ect In 1998. The majority of construction has been completed . A portion of the project , t,,Jwever, Is being delayed by the Public Service Company relocat ing the power poles . The balance of the District, South Windermere St. from Qu incy Ave. to Tufts Ave ., and West Stanford Ave. from Windermere St. to Navajo St., will be completed In the Fall of 1999. FINANCIAL IMPACT Funding for tne City': j)Ortion of the project, In the amount of approximately $658 ,938 .40 of which currently $5:l0,000 is b:Jdgetec! In the 1097 and 1998 PIF . An additional appropriation In the amount of $210 ,000 was trans~r'8d to the project budget for a toial of $730,000 (Ordinance No. 54 In 1998). The assessment total will be $735 ,534 .43 , which includes legal fees, contingencies, etc., bringing the project total to $1,39,1,470.83 . Vote rs in Paving District No . 38 approved a sale of bonds In the amount of $970,000 on Nove1T1ber 4, 1~97. Mun icipal bonds are to go on sale In October of 1 :199 . The City's poltlon of this project is approximately $71,063.60 lower than originally anticipated. ThJs money will go back into the Capital Projects Fund balance . Section "A" Cassessablel $735 ,534 .43 UST OF ATTACHMENTS Proposed Resolution Section ■s• CCltyl $558,936 .40 ' 1 !2111 $1,394 ,470.83 • •