HomeMy WebLinkAbout1979-05-14 (Special) Meeting Agenda-
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CITY COUNCIL MEETING -Special
May 14, 1979
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CITY COUNCIL MEETING
MAY 14 1979
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ORDINANCE # 22, 23, 24, 25, 26,
RESOLUTI ON H 23, 24, 25, 26, 27
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AGENDA FOR THE
SPECIAL MEETING OF
THE ENGLEWOOD CITY COUNCIL
MAY 14, 1979
7 :00 P.M. Call to order, invocation, pledge of allegiance
and roll call .
1 . Public Hearings .
2.
(a) To consider an Ordinance approving the whole
cos t of the improvements made in Paving
District No . 23 in the City of Englewood,
Colorado ; approving and confirming the
apportionment of said cost to each lot or
tract of land in said district; assessing
a share of said cost against each lot or
tract of land in the district ; prescribing
the manner for collection and payment of
said assessments . (Copies enclosed .)
(b) To consider an Ordinance approving the whole
cost of the improvements made in Paving
District No . 25, .in the City of Englewood ,
Colorado; approving and confirming the
apportionment of said cost to each lo t or
tract of land in said district ; assessing
a share of sa i d cost against each lot or
t ract of land in the district; prescribing
the manner for the collection and payment
of said assessments; and declaring an
emergency . (Copies enclosed.)
Adjournment.
tt:. (],vv,~
y Hana g er
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PAVING DISTRICT NO. 25
Residential Streets
000-100 East Centennial Avenue
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3200 South Delaware Street
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4100 So~th Huron Street /
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V~o~ fl /.fi">JI<a.r 1' -4tJ7fl0 ,u-.n)/.u ?.-!~·· )
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100 East Layton Avenue
400 East Layton Avenue
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100-300 East Princeton Avenue
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&~d +~ ----114( .s. £,
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000-400 East Union Avenue
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2000-2300 West Wesley Avenue
Industrial Streets
400-600 West Bates Avenue
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1900 We st Cornell Avenue
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Spec i a l I n dus trial Streets
2900 South Shoshone Street
2900-3000 South umatilla Street
2900-3000 South Vallejo Stree t
2900-3000 South Wyandot Stree t
Overlays
3000 South Dartmouth Circle
4 100 South Elati S tree t
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Alleys
Alley East of 4700 South Broadway
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AGENDA FOR THE
SPECIAL MEETING OF
THE ENGLEWOOD CITY COUNCIL
MAY 14, 1979
7 :00P.M. Call to order, invocation, pledge of allegiance
and roll call.
1 . Public Hearings.
(a) To consider an Ordinance approving the whole
cost of the improvements made in Paving
District No. 23 in the City of Englewood,
Colorado ; approving and confirming the
apportionment of said cost to each lot or
tract of land in said district ; assessing
a share of said cost against each lot or
tract of land in the district ; prescribing
the manner for collection and paymen t of
said assessments. (Copies enclosed .)
(b) To consider an Ordinance approving the whole
cost of the improvements made in Paving
District No. 25, in the City of Englewood,
Colorado ; approving and confirming the
apportionment of said cost to each lot or
tract of land in said district; assessing
a share of said cost against each lot or
tract of land in the district; prescribing
the manner for the collection and payment
of said assessments ; and declaring an
emergency . (Copies enclosed .)
2 . Adjournment.
t[. c,~~
URNES
y Nanager
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BY AUTHORITY
ORDINANCE NO .
SERIES OF 197~9------
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COUNCIL BILL NO. 23
INTRODUCED BY
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENT S MADE
IN PAVING DISTRICT NO . 23 IN THE CITY OF ENGLEWOOD, COLORADO;
APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH
LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID
COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBING
THE MANNER FOR COLLECTION AND PAYMENT OF SAID ASSESSMENTS .
WHEREAS, by Ordinance No. 23, Series of 197 6 , finally pass e d
and adopted on June 7, 1976, the City Council has cre ated Paving
District No. 23 within the City of Englewood for the purpose of
constructing and installing street paving , curb , gutter, and sid e -
walk improvements , together with necessary incidentals, on West
Dartmouth Avenue within the City; and
WHEREAS, the ~mprovements authorized by said Ordina nce have
b n comple d and accepted by the City and the wh ole cost of such
~mprov rn n s has been determined; and
WHEREAS, an assessmen t roll has been prepared and a state-
m n show~ng th total cost of th e improvements has been duly ~1 d ~ h h C~t y Council ; and
HEREAS , from the statement mad e and filed with the City Counc~ , it appears that the whole cost of said improvements is
$31 ,401 .27 . The amount to be paid by the Urban Systems Highway
Program ~s $22 4,880.86. The City will pay $2 8 ,869 .45, leaving
$58,650.96 to be assessed against the real property in the District,
said amount including costs of inspection, collection and other
incidenta ls and also including interest as allowed by law; and
WHEREAS, from said statement it also appears that the City
Council has apportioned a share of the whol e cost to each lot
or tract of land in the District, in accordance with the benefits
to be derived by said p roperty and in the proportions and amounts
severally se t forth in Exhibit A attached to this Ordinance;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as follows:
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Section 1. Confirmation of Assessment Roll.
That the whole cost and apportionment of the same is
hereby approved and confirmed, and said apportionment is he r eby
declared to be in accordance with the special benefits which the
property in the District will r eceive by r ea son of the cons truc -
tion of said improvements , and a share of said cos t is hereby
assessed to and upon each lot or tract of land within the District
in the proportions and a mounts as set forth in the assessment
roll, attached hereto as Exhibit A.
Sec tion 2. Paymen t of Assessments .
That the assessments shall be due and payable at the office
of the Director of Finance of t h e City of Engl e wood , within thirty
days after the final publication o f this Ordinance, without demand;
provided that all such assessments may , at the election of the
property owner, be paid in installments , with interest as herein-
after provided. Failure to pay the whole assessment within said
period of thirty days shall be conclusively considered and held
an election on the part of all persons interested, whether under
disability or oth e rwise, to pay in said installments.
Such election shall be conclusively held and considered
as a waiver of any right to question th e power or jurisdiction
of the City of Englewood to construct the improvements, the
q uality of work, the r eg ularity or sufficiency of the proceedings ,
or the validity or the correctness of the assessments , or the
validity of the lien there of .
In the event of such election to pay in installments,
the assessments shall be payable at the office of the County
Treasurer of Arapahoe County, Colorado, in ten (10) equ al annual
installments of principal, the first of which installments of
principal shall be due and payable on or before the lst day of
January, 1980, and the remaind e r of said installments shall be
due and payab l e succes sivel y on or before the 1st day of January
in each year thereafter until paid in full, with interest on the
unpaid principal amount at the rate of per annum,
commencing on the date of pu blication of th1s Ordinance by title
following fina l passage, and payable eac h year at the time of pay-
ing installments of assessments.
Section 3. Penalty for Default or Nonpayment.
Failure to pay any installment, whether of principal or
interest , when due shall cau s e the whole of the unpaid principal
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to become due and payable imme diatel y , and the whol e amount of
the unpaid principal and accrued intere st shall thereafter draw
in t erest at the rate of on e percent (1 %) per month, or fraction
of a month, until the date of tax sale, as provided by law. At
any time prior to the dat e of the tax sale, the owner may pay
the amount of all unpaid installments with interest at the rat e
of one percent (1 %) per month, or fraction of a month, and all
pe nalties accrued and shall thereupon be restored to the right
thereafter to pay in installments in the same manner as if
d efa ult had not been suffered. The owner of any property not
in default as to any installment or payment may, at a n y time ,
pay the whole of the unpaid principal with accrued interest to
the date of the n ext a ssessme nt i nstallment payme nt date.
Section 4. Dis count on Pa y ment of Assessments .
Payments may be made to the Dire ctor of Financ e at any
time within thirty days after the final publication of this
Ordinance and an allowance of five percent (5 %) will b e made on
all payments made during such period, but not therea fter. The
discount of 5% shall apply to all such payments , whether the pay-
ment is the entire amount of ass es sment due or a part of the
assessment. Imm e diate ly after the expiration of such thirty-
day period, the assessments shall be certified to the County
n Treasurer of Arapahoe County, Colorado , for collection , as pro-
vided by law .
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Section 5 . Ass e ssme nt Lien .
All assessmen ts l e vied agai nst the r ea l property in
Paving Di strict No . 23, together with all interest thereon and
penalties for default in payment thereof, and all c osts in
collecting the same , shall constitute , from the date of the
final p ublication of this Ordinanc e , a perpetual lien in the
several amounts assessed against each lot or tra ct of land .
Such lien shall have priority over all other lie~s exce pt general
tax liens, and sha ll be enforced in accordance with the laws of
the State of Colorado .
If any tract of real property inc luded within Pav ing
District No. 23 is hereafter divided or subd i vid ed into two or
more s u ch tracts or parcels , the Director of Finance , with the
assistance of the Director of Public Works, is hereby a uthoriz ed
and directed to divide the assessment against such tract in the
same proportion that the tract itself is subdivided into two or
more such parcels , and to certify the revised a ssessments to the
County Trea surer of Arapahoe County , Colorado.
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Section 6 . Severabili ty.
That if any one or more sections or parts of this Ordinance
shall be adjudged unenforceable or invalid, such judgment shall not
affect , impair, or invalidate the remainin g provisions of this
Or dinanc e , it being the intention that the various provisions h e reof are severable.
Section 7. Repealer.
All ordinances, or parts thereof, in conflict herewith are hereby repealed.
Se ction B. Hearing.
In accordance with the City Charter and the Municipal Code
of the City, the City Council shall hold a public h earing on this
Ordinance, before final passage, at 7:00 P.M. on Monday, May 14, 1979.
Section 9. Publication and Effective Date.
This Ordinan ce , after its final passage, shall be numbered
and recorded, and the adoption and publication shall be authenti-
ca ted by the signature of the Mayor and the Director of Finance,
,I ex officio City Clerk -Treasure r, and by the Certificate of Publication.
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Introduced, read in full and passed on first reading on
the 2nd day of April, 1979.
Published as a Bill fo r an Ordinan ce on the 11th day of April, 1979.
Read b y title and passed on final r eading on the ______ __
day of May, 1979.
Published by title as Ordinance No. ______ , Series of
1979 , on the day of Ma y , 1979 .
Attes t: Mayor
e x officio City Clerk-Tre asurer
I, William D. Jame s, do hereby certify that the above and
foregoing is a true, accurate and complete c opy of the Ordinance
passed on final reading and published by title as Ordinance No.
Series of 1979.
-4-ex officio City Clerk-Treasu~e r
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( EXHIBIT A
Attach Copy of Assessment Roll for Paving District No. 23 .
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It was thereupon moved by Council Member
and seconded by Council Member ---.,..t-c-h-a-:t-t:-;-h-e---:f=-o-r_e __ _
going Bill for an Ordinance, read in full at this meeting as afore-
said, be passed on first r e ading, and shall b e considered for
second reading and final passage at a regular meeting of the City
Council to be held on Monday, June 4, 1979.
The question being upon the adoption of the motion, the
roll was called with the following result:
Those voting YES:
Mayor -James L. Taylor
Mayor Pro Tern -Vernon M. Mann
Council Members:
David B. Clayton
Donald W. Harper
Donald Smith
Donald M. Weber
Donald Williams
Those voting NO :
members of the City Council having voted in
favor of said motion, the presiding officer thereupon declared
the motion carried and the ordinance passed on first reading.
Thereupon, Council Member
introduced and mov ed the a do p t i o""'n---=o'"'f~-:-t-;::h-e:-~f"o::-;-l'l-:o-,-w7J.,-. n=-g=-•R~e:-s=-o::-.1-::u-=t:-:i;-o:-n::-:-:-
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RESOLUTION NO. ______ , SERIES OF 1979.
A RESOLUTION AUTHORIZING THE NOTIFICATION OF PROPERTY OWNERS OF
ASSES SME NTS FOR PAVING DISTRICT NO. 23 AND ESTABLISHING A DATE
FOR A PUBLIC HEARING ON SAID ASSESSMENTS.
WHEREAS , the street paving, curb , gutter and sidewalk
i mprovements in Paving District No . 23 in Englewood, Colorado,
ha v e been satisfactorily completed and have been accepted by
the City of Englewood; and
WHEREA S , a statement showing the whol e co st of said improve -
ments and a proposed apportionment of the same against the
prope rty within the District has been filed with the Director of Fi nance; and
WHEREAS, the City Council has considered the special benefits
accr uing on each lot or tract of land in the District b y reason o f
the making of the improvements and has d e termine d that the appor-
tionment of the assessments for said improvemen ts, as s et forth
in the assessment roll , is in accordance with such benefits;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CI TY OF ENGLEWOOD, COLORADO, as follows:
1. That the Director of Financ e is hereby a uthorized and
directed to notify the owners of the property to b e assessed for
said improvements by p ublication of this Resolution in three
consecutive weekly issues to th e Englewood Herald-Sentinel, a
newspape r published and of general circulation in the City of
Englewood, that said improvements h ave b een completed and accepte d,
that the cost thereof has been apportioned according to b e n e fits.
That a hearing on the assessment roll a nd a hearing on the
Ordinance levying the assessments wil l be held on Mond ay , May 14,
1979 , at the Mun icipal Building, at 7:00 P.M., prior to final
passage of the assessmen t ordinance. In addition , notice of the
time , date, and p lace of each hearing shall be mailed to each
prope rty owner to be assessed, wit h the cost of improvements, on
o r about the date of the first publication of this Resolution.
2 . The whole cost of said improvements within Paving District
No . 23 is the amount of $312,401.27, said amount including costs
of i nspection, collection , incidentals and inte r e st as provided by
law . The Urban Systems Highway Program will pay $224,880.86 towa rd
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the total cost; the City of Englewood will pay $28,869.45, leaving
the amount of $58,650.96 to be assessed against the property
specially benefited and included within the District. The amount
to be assessed against each lot or tract of land is set forth in
the assessment roll filed with the City Council.
3. That any complaints or objections which may be mad e in
writing by the owners of land within the District to the City
Council and fil ed in the office of the Director of Finance on or
before Thursday, Ma y 3, 1979, will be considered and heard by the
City Council at the meeting of the City Council on Monday, May 14,
1979. The City Counc il shall also hold a public h ea ring at the
same time on the Ordinance l evyi ng the assessments prior to the final passage thereof.
4. Any complaint or objection to the validity of the assess-ment ~ or the proceedings taken therefor, shall b e deemed waived
unless presented in writing at the time and in the manner s et forth above.
5. That if any one or more sections or parts of this
Re solution shall be adjudged unenforceable or invalid, such
judgment shall not affect , impair or invalidate the remaining
provisions of this Resolution, it being the intention that the
various provisions hereof are severalbe .
ADOPTED AND APPROVED this 2nd day of April, 1979.
Ma yor
Attest :
ex officio City Clerk-Treasurer
I, William D. James, ex officio City Clerk-Treasurer of the
City of Enlgewood, State of Colorado, h ereby certify that the
above is a true, accurate, and comp l ete copy of Resolution No. Series of 1979.
ex off1c1o C1ty Clerk -Treas urer
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Thereupon Council Member
the motion. -------------seconded
The question being upon the passage and adoption of the
Resolution , the roll was called with the following result :
Those voting YES:
Mayor -James L. Taylor
Mayor Pro Tern -Vernon M. Mann
Council Members:
David B. Clayton
Donald W. Harpe r
Donald Smith
Donald M. Weber
Donald Wil liams
Those voting NO:
The presiding officer thereupon declared that a majority of
these Council Members present at the meeting having voted in favor
thereof , the motion was carried and the Resolution du l y passed and adopted.
After considering other business to come before the Council,
the meeting was thereupon adjourned .
Mayor
Attest:
ex officio City Clerk -Treasurer
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STATE OF COLORADO
COUNTY OF ARAPAHOE ss.
CITY OF ENGLEWOOD
I, Wi lliam D . James , Director of Finance o f the City of
Englewood, Colorado, do hereby certify that the foregoing pages
numbered to , inclusive, constitute a true and
correct copy of a portion of the record of proceedings of the
City Council of the City of Englewood, Colorado, taken at a
regular meeting of the Council on Monday, April 2, 1979, insofar
a s said proceedings relate to the introduction and passage on
first reading of an ordinance levying assessments in Paving Dis-
tric t No. 23 and a Re solut i on relating to the notice of hearing;
that the copy of each is a true and correct c opy of the original
the r eof as adopted at said meeting; and that the Re solution has
been signed by the Ma yor and by me as Director of F inance, ex
officio City Clerk-Tre asurer, sealed with the corporate s eal
o f the City, and re corded in the official records of the City.
IN TESTIMONY WHEREOF, I have hereunto subs cribed my
name and affixed the corporate seal of the City at Englewood,
Co l orad o , this day of , 1979.
( S E A L ) Director of Finance
ex officio City Clerk-Treasur er
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Attach Affidavit of Publication of Ordinance on April 11, 1979
F ollowing First Reading.
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Attach Affidavi t of Publication of Notice of Hearing o n Assessments
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BY AU 'l'HORITY
OR DIN ANCE NO .
SERIE S OF 197~9------
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COUNC I L BILL NO . 2 2
INTRO DUCED llY
Councilman Clayton
AN OR DINANCE APPROVING THE WHOLE COST OF TH E IMP ROV EMENTS MA DE IN PAVI NG
DISTRICT NO. 25, IN THE CITY OF ENGLEWOOD, COLORADO; APP RO VI NG AND
CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND
IN S AID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR
T RACT OF LAND IN THE DISTRICT; PRESCRIBING THE MANNER FOR THE COLLECTI ON
AN D PAYMENT OF SAID ASSESSME NTS; AND DECLARIN G AN EMERGENCY.
WHEREAS, by Ordinance No. 3, Series of 1978, finally
passed and adopted on March 6, 1978, the City Council has created
Paving District No. 25, within the City of Englewood, for the
purpose of constructing and installing street and alley pa·1ing,
curb, gutter and sidewalk improvements, together with necessary
incidentals, on certain streets and al.leys within the City;
and
WHEREAS, the improvements authorized by said Ordinance
have been completed and accepted by the. City and the whole cost of
( 1 such improvements has been determined; and
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WHEREAS, an assessment roll has been prepared and a
statement showing the total cost of the improvements has been duly
filed with the City Council; and
WHEREAS, from the statement made and filed with the City
Council, it appears that the whole cost of sa id im pt·ovcm e nt~ i::;
the amount of $899,568.76 of which amount the . City of Englewood will
pay $234,901.65 leaving $664,667.11 to l;>e assessed against the real
property in the District, said amount including costs of inspec-
t i on, collection and other incidentals and also including interest
as allowed by law; and
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WHEREAS, from said statement it also appears that the
Ci ty Council has apportioned a share of the whole cost to each lot
or tract of land in the District, in accordance with the benefits
to be derived by said property and in the proportions and amounts
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severally set forth in Exhibit A attached to this Ordinance!
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1. Confirmation of Assessment Roll. That the
whole cost and apportionment of the same is hereby approved and
confirmed, and said apportionment is hereby declared to be in
accordance with the special benefits which the property in the
District will receive by reason of the construction of said
improvements, and a share of said cost is hereby assessed to and
upon each lot or tr~ct of land within the District in the pro-
portions and amounts as set forth in the assessment roll, attached
hereto as Exhibit A.
Sect ion 2. Payment of Assessments. That the assess-
ments shall be due and payable at the office of the Director of
Finance of the City of Englewood, within thirty days after
the final publication of this OrdinancP., without demand! provided
that all such assessments may,. at the election of the property
owner, be paid in installments, with interest as hereinafter
provided. Failure to pay the whole assessment within said period
( 1 of thirty days shall be conclusively considered and held an
election on the part of all persons :nterested, whether under
disability or otherwise, to pay in said installments.
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Such election shall be conclusively held and
considered as a waiver of any right to question the power or
jurisdiction of the City of Englewood to construct the improve-
ments, the quality of the work, the regularity or sufficiency of
the proceedings, or the validity or the correctness of the as-
sessments, or the validity of the lien thereof.
In the event of such election to pay in install-
ments, .the assessments shall be payable at the office of the
County Treasurer of Arapahoe County, Colorado in ten ( 10 l equal
annual installments of pr i ncipal, the first of which installments
of princ i pal shall be due and payable on or before the 1st day of
Jan u ary, 1980, and the remainder of said installments shall be due
and payable successively on or before the · 1st day of January,
in each year thereafter until paid in full, with interest on the
unpaid principal amount at the rate of 5.50\ per annum, commencing
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on the 1st day of January, 1980, and payable each year at the time of
paying installments of assessments .
Section 3. Penalty for Default or Non-Payment. Failure
to pay any installment, whether of principal or interest, when due
shall cause the whole of the unpaid principal to become due and
payable immediately, and the whole amount of the unpaid principal
and accrued interest shall thereafter draw interest at the rate of
one per centum (1%) per month, or fraction of a month, until the
date of tax sale, as provided by law. At any time prior to the
date of the tax sale, the owner may pay the amount of all unpaid
installments with interest at the rate of one per centum (li) per
month, or fraction of a month, and all penalties accrued and shall
thereupon be restored to the right thereafter to pay in install-
ments in the same manner as if default had not been suffered. The
owner of any property not in default as.to any installment or
payment may, at any time, pay the whole of the unpaid principal
with accrued interest to the date of the next assessment install-
ment payment date.
·section 4. Discount on Payment of Assessments. Pay-
ments may be made to the Director of Finance at any time within
thirty days after the final publication of this Ordinance, and an
allowance of five per centum (5%) will be made on all payments
made during such period, but not thereafter. The discount of 5%
shall apply to all such payments, whether the payment is the
entire amount of assessment due, or a part of the assessment!
Immediately after the expiration of ·such thirty day period, the
assessments shall be certified to the County Treasurer of Arapahoe
County, Colorado, for collection,· as provided by law.
Section 5. Assessment Lien. All assessments levied
against the real property in Paving District No. 25, together with
all interest thereon and penalties · for default in payment thereof,
and all costs in collecting the same, shall constitute, from
the date of the final publication of this ordinance, a perpetual
lien in the several amounts assessed against ·each lot or tract of
( land. Such lien shall have priority o ver all other liens except
g e neral tax 1 iens, and shall be enforced in accordance with the
l a ws of t h e State of Colorado.
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If any tract of real property included within
Paving District No. 25 is hereafter divided or subdivided into
two or more such tracts or parcels, the Director of Finance, with
the assistance of the Director of Public Works, is hereby auth-
orized and directed to divide the assessment against . such tract in
the same proportion that the tract itself is subdivided into two
or more such parcels, and to certify the revised assessments
to the County Treasurer of Arapahoe County, Colorado.
Section 6. Payment of Special Assessment Bonds. The
amount of assessments 'herein levied against the property specially
benefited, in the total amount of $664,667.11 will be in an amount
sufficient for the payment of the outstanding bonds previously
issued for Paving District No. 25, dated June 1, 1978, in the
principal amount of $767,000.
Section 7. Severability. That if any one or more
sections or parts of this Ordinance shalL be adjudged unenforce-
able or invalid, such judgment shall not affect, impair or in-
validate the remaining provisions of this Ordinance, it being the
intent ion that the
Section 8.
various provisions hereof are severable.
Emergency Provision. By reason of the fact
that bonds of Paving District No. 25 are now outstanding and that
interest thereon will shortly become due and payable, funds must
be made available from assessments at the earliest possible
date for payment of such interest, and for the immediate pre-
servation of the public property, health, peace and safety, it is
hereby declared that an emergency exists and that this Ordinance
shall take effect upon its final passage.
Section 9. Repealer. All ordinances, or parts thereof,
in conflict herewith are hereby repealed.
Section 10. ~.!2.2.· In accordance with the City
Charter and the Municipal Code of the City, the City Council shall
hold a public hearing on thi .: ordinance, before final passage,
at 7:30p.m., or at such later time on May 14, 1979, as Council is
able to hear it in its normal course.
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Section 11 . Publication and Effective Date. This
Ordinance, after its final passage, shall be numbered and record-
ed, and the adoption and publication shall be authenticated by the
signature of the Mayor and the Director of Finance, ex-officio
City Clerk-Treasurer, and by the Certificate of Publ .ication. This
ordinance shall take effect immediately upon final passage and
shall be published within seven days thereof.
INTRODUCED AND READ This 2nd day of April, 1979.
( S E A L )
ATTEST:
Director of Finance
FINALLY PASSED AND ADOPTED ON this
-----------· 1979.
Mayor
ATTEST:
Director of Finance
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Mayor
____ day of
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Eng l e wood C ity Council
Englewood, Co lor ~do P.O ll0
\p ril 2~, 1179
r.ouncilll!nn;
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Tlds le tter is to i nform council tiH.t the p r operty owners of the
4500 Bl ock of S outh Pe Arl S treet (Ref . Pav in g District No •. ~5) are
obje cting to pn.yme nt o f said improv eme nt s due to faulty and shodrly
work r~e nshi p of s:ti rl im p rovements.
Jn the 45'10 Alock o f So uth Pearl S treet the new surface i s in a
r np irl st~te of deterioration ~nd in some p l a CP P the old s urf 1 ce is
nlrc1rl y in view.
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I ANN L . SMITH , pr o test the as s essment o f S386 .41 agains t
2 9 ~4 South Galapago , my re s edince, f o r paving dis tri ct #2 5
because:
1. r am a s eni or citizen.
2 . Ha ve a small fixed incom e.
3 . I am in ill health .
4. I do not o wn or drive an aut omobile and derive n o
benefit from 600 west Bates Avanue except the privilege o f
living in this c ity and parti cular paving distr ict .
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City of Englewood
3400 S. Elati St
Eng lewood CO 80110
ATTN: William D. James
Director of Finance
Dear Mr. James:
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REC EIVEC
,j,c•,Y 2 1979 1 ;·lay 1979
DEPT . Oi-Fl Nid1 C~
E:~G L EV'/JO J Re: Paving District No. 25
Assessment
I protest the assessment of $432.78 on 2926 S. Galapago Street for the following reasons:
a. I derive absolutely no be nefit fro m this paving district exce pt that I drive down West Bates Avenue.
b. I live in the 700 block of ~Jest Bates Avenue. Yet I am paying for the improvements of 600 W. Bates Avenue.
c . Why did you stop on the East side of Galapago? Why isn't General Iron
IJorks being assessed for their share of the East Side of Galapago?
d. The entire West side of the 2900 block of South Galapago is a full length
parking lot for General Iron Works' employee's parking, yet General Iron Works
is not being assessed for that or for the East side of 2900 Block of S. Galapago,
although they use it much more than I do. It's the heavy trucks and employee's
automobiles who use, tear up, and break down the street, etc, on the e ntire 2900
block of South Galapago. General Iron Works should pay their share of the assess-ment of the East Side of S. Galapago St reet, also.
e. I'm paying $438.7 8 for the privilege of living in Englewood and having a
mud hole in front of my place -which incidentally the City has graded and regraded
to make a slope in front of my house to have the water drai n into the catch basin.
Water almost has to run up hill to go i nto the catch basin. Another incidental,
the City da maged my stop box for water, ripping off the top and a portion of the
pipe going to the feeder line on my property to my faucet causing the water to
freeze at the stop box this February 3. Lt is now buried in sa nd and gravel so ni cely accomplished by the "City."
f. In your letter of January 13, 197 8 , with the public notice for Paving District
#25 inclosed, I refer to paragraph 5c (Public No tice) "The probable total cost of
the irnprovements ... is $1 ,050,100". What was the actual cost upon completion? How mu ch was it underesti mated?
g. Paragraph 5d "The probable amount .•.. the city ... is approximately $203,400.
How much did the city actually pay? Isn't that tax payer's mone y also ? So actually-
the tax payers are picking up the entire tab, one way or the other .
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h. Hhen I received my notice of public hearing sometime in January 1978 I
did not appear in person because I called the Engineering Staff, ext 220, asked
them about it and they said I wasn't involved. I suppose I should have also
asked how much my "noninvolvement" would cost? I'll remember to do so the next time any taxation is mentioned .
i. As far as your "Concrete Surface Spall i ng" is concerned, I don't have
any side walks in front of my home {just a mud hole). Why didn't the contractors
do their job right and where was the City Inspection Team?
Very truly yours ,
({[c ~L c , ", .G., </
Audrey L. /scott
2926 S. Galapago St
Englewood CO 80110
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The Englewood Plan
••• a summary
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April, 1979
City of EnQ itwood
General ized Lond Ute Lt;tnd
1 Centra l 8uttnua Otttt~ct
2 Com~rct ol (Of'rtdors
a . ..C iud UM
Med ical SuPDOtt/Commtrctol
b. t.tiud Utt
Commerctol/ln dustriol
c. Commercia l Act ivity Center
d . Mi .. d U11 Comm er c i al ~
Rtcreotionai/Rnidtntiol
t . Commercial 8 M iudUst
Commtrciai/Rtaidtntiol
3 . In dustri al Artot
4 . Rnidtntiol II o. Low Dlfttity Ruidentiol
b. Low Density Reaidtntlol
I c. ::~u:•:.:~ty Re si dentia l
d H i ;h Dens ity Rni dtnt io l
e Wi ud Use Dist ricts I •
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Til E ENGLEWOOD PLAN
MASTER STREET PLAN
[V AIIIS•r---r--n
--Arteria l
--Collector
····-·-Ptdnt ri on
a B11swoy
Parks (Corztinued from p rueding page )
T he p arks a n d recreatio n program began in the lat e 1940 ';
with a si ng lr p a r k and the Old Timer's basrball program . Pa rks
rx pansio n r<e<ived a big boost in 1964 whrn voters approved
the sa lr of thr ci t y's la rgrst park fo r $1 m illion . With these
fu n ds, the pa rk s drpart mrnt was able t o pu rc hasr p lo t s of la n d
for nr ig h bo rh ood pa rks in m any pa ns of t hr ci ty .
A lth o ugh d eve lopmC"nt o f new park s h Js contin ued, there
remai ns a lack o f o p e n space and green a re as throughout much
of t he ci t y, e spec iall y in older reside n tial areas . T he number of
rc:(:'reat io nal ser vices is still below nat io nal sta ndards for
Engl ewood's po pula ti o n.
Thr fi ve parks a nd r ec reat io n goa ls are ,
• Expa n di ng existing parks and p urchasi ng la nd fo r parks
and open sp ac e in ar eas no t no w served;
• Red e vel o ping t he So u th Pl a tte R iver co rr idor in coo pera-
tion with o the r co mmunit ies to improve its app earance and to
provide new area s fo r rec rea tion ;
• Developi ng all wuerwa)•s within the ci ty so they b e come
diSii nguis h ing feat ures ;
• Expanding recreational ~rvicC's by co nstr ucting a com-
munity buildmg for social, cultural and arts programs; a
swimmmg pool in north Englewood, an ind oo r ice skatin_g
rink, additoonal tennis, h andball a nd basketball courts, baseball
doamonds and other sports facilit ies throughout the city ;
• ,.~porati n g "quiet are as" and bicycle and p ed r strian
paths for recrrar io nal a nd f9 mm~~&er•use into existing p arks,
nrw parks and landsca p ed Jroinageways.
To impkmrnt thrsr goals, rhr city shvuld allocate funds to
acqu ire land fo r new parks and reneational faciliti~s in south-
cast Englewood and other areas no t prcsrn tly served. The
fund s could also ex panJ facilities in exist ing parks. Thr city
<ho uld pro vide a commu nity center to serve those age groups
not accommodated at the El sir Malley Centrnnoal Centrr.
Thr co mprehensive zoni ng o rdinance should br a mendrd to
rcquore oprn space and landscaping in new p rivatr and public
devrlo pments. Ano ther so urce of park s could be obtainrd by
re <i('r\ mg waterway easements, vacaung linle-used streets and
pre\'enung further e ncroachment into designated t1oo dways.
The cotv's odrntit)' drpends mu c h on thr scnsr of com-
munll\' pnde wh ic h comes fro m n s parks and recreational
facolot;es Englewood needs a co nt inui ng pr og ram of parks
e .,p<ln "'Jon and improvemenr if the city is to attract new
IJill lh t·s and to sati sfy the gro win!! ncc:Js o f its present cirizens .
Street changes proposed
South Santa Fr Dr ivr and U.S . 285 should be rebu ilt to
alleviatr major congestio n in Engi<wood . The problem exists
be cause Broadway and Sama Fe are the m ajo r nonh-sourh
corridors bhwee n do w ntown De n v~r and t he sou t hern m e tro-
politar. area . U.S . 285 is the major t raffic carrirr bctwrcn
Sixt h Avenue a nd County Lin r Road . Becausr U .S. 285 intrr-
se cts with both Br o adway and Sant a Fe tn do wntown Englr -
wo od , thr mix of local and through traffic os both frustrating
and u nsafe .
T hese corridors sho ul d no r be diminatrd, brcausr the)'
m a ke Englewood a r~gi o n a l act ivi ty c ~nt~r . Sol ut io ns mu st
foc us on c oordinati ng thro ugh tr affic, acc~ss traffic and 10 ·
ternal circ ul ation wi th in downto wn . At tht sa m ~ tim e . high
vol umes o f t raffic contribute to pollution and energy con-
su m p t io n , so alternative for m s of tr ansportat io n are al so rndorsrd .
The five tran sportat io n goals are :
•..Jmproving th e t hrou.&b_ tra ffi c ca pa c ity of U.S._ 28 S
b rt wee n South Bro ad way a n d ~~o-ut!i" Sa nta Fe "D'r i~e-S)'
con stru c t ing a o ne-way couplet. The p rese nt h ig hwa)' would
carry Westbound traffic and Wes t Ith aca A vr nu e would carry
eastboun d traffic;
• Suppo rt ing thr p r o pos ~d six-lane improvement-o~
Sa n ta Fe brrween Wrst Flo ri d a a nd Wes t Bo w les Av e n u<s ,
incl u ding excl u sive la ne s fo r h igh-occ up a nC)' ve h icles , a m as s tri'~e_orr~tio n corridor •.nd . int erc ha nges a_t ~rs\ ~UtiJMlut h A ~e n~~ •. U .S . '285, .CIIrfO"td 'Quoncy and Bellevtc:w -Avcn,!l.~S;
• Encou rag in g t he use of alternative s to th~ auto m obile ;
• Encouragi ng high -de ns ity resi dential deve lop me nt withi n
and c lose to dow ntown so people c an live cl ose to rh e ir jobs;
• Improving the en viro nme nt a l qu ali t y of Engl e wood.
To imp lrment thrsr goals, the c it y sho ul d wo rk with the
Denver Hegio n al Counci l of Go ve rnments a n d the S~
way De partmrnr t o grt ap proval fo r a o ne-way coupler on tn;:-2s s arid f i\'Tm provr So u th Sa nta Fe Dri ve .
T hr city sho u ld su p po rt increased bus servi cr t o resident ia l
areas and an RTD t ransit c e mer do wnto wn . Wa lkway s and
bikeways should be part of fu t ure tra ns po rtat io n plans a nd as
well as a city plan to rrduce air pollutio n .
-DR AIN AGE 8 WATERWAY PATTERNS
----NECES SARY CONNECTORS
• L AR GE PARK AREAS
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City of Englewood ------------
S"l TH, CLAY!(~ J~
J T TEN
~l OU S G ~LA PA ut;
UGLE~C (•O , <:C tC
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3400 S E181 1 Sir e el
EnglewoOd , Color•Cio 80110
Phone (JOJ) 111 -1140
Ap ril lJ, 1979
TO :
Prope rty Owners .in Eng lewood Pav1ny Distric t No. 25:
The as se ssme nt r oll f o r l';:>vin g Dis tr ic-t h o . 25 in J:nc;Jewood ,
as completf"d in 1 9 78, is n o "'r on f i !c .l'l t h e o f f1ce o f the
Dire c tor o f rin a nce , )4 00 Suu th ~l at 1 St., Eny1ewood , Co lor ado .
Ac cording to the ass e~s m en t roll , the amoun t a ssessed aqai ns t
the f o llowi ng -dcs c rlbed prupe rty , wh i ch yo u are l.lst ~d as o wning,
Lots l-3 , Dlock: 23 , J a ck son s Bdw y Ht s .
is 2,300.15
for stre et .lmprovement s in the ~ b lock of
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PLEASE PLACE THE AB OVE LE GAL DE SCR IPT I ON ON OR WITH ALL PAYMEN TS .
A public hearing o n the ass essmen ts a ga 1 n st t he p rope rty con-
c erned in the Di s tnc t will be held on :1onday , May 14, 1n 9, at
7:30 o'cloc k p.m.,or s uch later time asC:ounCT I is able lo he ar
it in its n ormal course , in the Ernie Anderson Room Police/Fi r e
Center , 3 61 5 South Elati Str ee t. (See d~ta ils legal l y advert ised
in the Englewood fl ~r ald Sent inel on Apri l 11, 18, and 25, 1979,) .Wri~ten protes t s w111 be r eceived up t o Ma y 3 , 1979 in the o f fic e
o f the Directo r o f Fina nce and consid •red a t he May 1 4 nee ting .
If a ny por t ion of t h e asse s smen t is pa1d prior t o July 23 , 1 9 79 .
a f ive p ercen t (5 1 } dis count o n t ha t porL1on w1 1 1 be allowed .
Any part of t h e assessment no t paid by that d a t e w111 b e ce r tified
to the Ara p ahoe County Treasurer fo r co llectio n by h~s o f f ~ce
during the nex t ten (1 0) yea rs in ann ual p r 1ncipal payments , ~lus five an d one -half percen t (5 1;21) interest on the unpa1d
balance. Such paymen t s will ba due o n Jan a ry 1 , 1980 fo r the
first yea r , and Ja~ua r y 1st of the su cceeding ye ars. The l9SO
p aymen t wi]l no t inc l u Je izttere st , al thou y lt future yea rs ' paymen t loll 1l.
For i nf o r mation on your a z ~cssment , t-J l e ase co:-t ta ct the Departme n t
of Enginccrin J Se r ,•ices. telephon e 7 61 -11 4 0 , Extens ion 5 00.
Since r ely ,
~~~---W ilii~;ames
Director of Fin u nce
b j s
lJotc : Loc a 10n o f hear1nq h <l s bf'e n r.lMn cJ e d to the r.r nH ll.ndcrso n
Room , ?o Jlce/F i re ~er tcr, 3615 South El a ti Street due to
r emode ling at the M~ni cip~l Dutld1rg.
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lntroducllon
One eource oi!Undl for the naticql h~Qhw!!y
conMructJon progr1m Ia the Federal U• Tax
on Highway Motor Vehk:iee . The tax lalmpoeed
on the '* or any public highway by cettaln
lruckl, truciHractora, and t.ue.. Tha tax ~
rlod begjna July 1 and ande the lollowtng June
30. The tax Ia due from the P"r80n In WOO.
,.,.. lha truck, truck-tractor, or bua Ia regle-
terea or required to be registered.
Thill pubjjcatlon explalne wnlch truckl, truck-
u.ctora, llld 111-. are IUblect to tha tax llld
Ieite how to determlne and pay lha 8Ctual tax
elM .
Trucb end True~~. TriiCtora
A .._ Ia a motortzed vehk:le that ordlnarlty
cam. cargo or apeclaJequlpmem on tha-
chaalle on wnlcn the motor Ia located.
A .._.,.,., UIUa/ly doe. not tranaport
cargo on the -c"-a to w111cn lha motor
Ia mounted, but Ia ueed Pf1marlly to pull a trailer
or -.nltraller.
T..... Only cettaln truckl and truck-tractora
ana IUbjectto tha tax . II a truck or truck-tractor
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doe. not ,_ all oltha lcllowk1g tour teeta n 1a
not aubject to tha tax . To be taxed It muat be:
1) A highway motor vehk:la ;
2) Required to be reglatered lor highway
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3) Actually ueed at leu! one. on a pubHc
highway; and
4) Within one or tha taxable categor~ea, u
to type and weight, Neled In the eclleclulea at
lha end "' lhla I)Ublk:atlon .
,..,_.,""*"....._A highway motor~
hlcia Ia any vehk:le that Ia both:
1) Propelled by HI own motor, w11e111er euch
motorIa-by QaeoUne, ~ luel, ~
cia/ motor luela , electricity, or Olherwlea ; and
2i Deeigned to perlorm a function or tr-.
porting a load OYW public hlghwaya (Whether or
not llleo dMigned to !*form other lunctiona).
A vehk:le conalatl Of 8 Chaeala, or a ChMaia
and body, but doel not Include tha load or a
vehicle. In determining whether a vehicle Ia a
highway vehicle, It Ia Immaterial that the vehk:le
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is designed to perform a highway transporta-
tion function for only a particular type of load,
such as passengers , furnish ings, and personal
effects (as in a hoUM, office, or utility trailer) or
a opecial type of cargo, goods, SUpplies, or ma -
terials . It is also Immaterial If machines or
equipment are specially designed (and perma-
nently mounted) to perform some off-highway
task unrelated to highway transportation, ex-
cept to the extent discuSMd later under Veh i-
cles nor c011$1dered highway vehicles.
Vehicles which are designed to perform a
function of transporting a load over public high-
ways include buses, highway-type trucks,
truck-tractors, trailers, and semi-trailers.
Although trailers and semi-trailers are not
highway motor vehicles which give rise to the
tax, trailers and sem i-trailers customarily uaed
in combination w~h highway trucks or truck-
tractors are taken into account in deter .. ing
the taxable groee weight of the highway motor
..n1c1es which is the base of the tax .
.,.,.,... not C«teedeted ,,.,., ,.,.,_
Generally, there are three types of veh icles that
are not c!ln8idered highway vehicles.
1) Specially deeigned mobile machinery for
non-transportation functions. A self-propelled
vehicle, or trailer, or semi-trailer is not a high-
way vehicle if-
a) The vehicle consists or a chuais to which
there is permanently mounted (by welding,
bolting, riveting , or other means) machinery or
equipment used to perform certain operations
(COMtruction, manufacturing. drill ing, mining ,
timbering , processing, farm ing, or operations
similar to any of these). if the operations or the
machinery or equipment are unrelated to trans-
portation on or off the public highways;
b) The chaaela has bMn apeciaHy designed to
-only aa a mobile carriage and mount for
the particular machinery or equtpment , Whether
or not the machinery or equipment ill In opera-
tion; and
c) Due to the opecial design , the chaslia could
not be uaed as part of a vehicle designed to
transport any other load without substantial
structural modification;
2) Vehicles specially designed for off-high-
way transportation. A self-propelled vehicle , or
trailer, or semi-trailer is not a highway vehicle
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a) The veh icle Is specially designed for the pri-.
mary funct ion of transporting a part icula r type
of load other than over the public highway in
connection with certain operations (construc-
tion , manufacturing , mining , process ing , farm -
Ing , drilling, timbering, or operations simil ar to
any of theee); and
b) BecaUM of the special design , Its use to
transport over public highways is substantially
limned or impaired.
For this purpoee, account may be taken or
Whether the vehicle may travel at regular high-
way speeds, requires a special permit for high-
way use . is overweight . overhe lght , o r
ov-idth for highway use .
For purpoee of (2), when there Ia affixed to a
vehicle , equipment U8ed for loading , unloading,
storing, vending , handling, or otherwise caring
for a load transported by the veh icle over pub-
lic highways, the functions are related to the
transportation of a load over public highways,
even though such functions may be performed
off public highways .
3) Trailers and sem1-trailers specially de-
signed to perform non-tranSportation functions
off the public highways. A tra1ler or semi-trailer
is not a highway vehicle if it is opec iaily de-
signed to serve no purpoee other than provid-
ing an enclosed stat ionary shelter for
conducting a function at the off-highway site of
an operation (construction, manufacturing ,
mining , proc-ng, farming , drilling , timbering,
or operations similar to any of theee). For ex-
ample, a trailer spec ially designed to be uaed
as an office at a construction ~. is not a high-
way vehicle.
,..,,__, ..,..,., The vehicle must be ei-
ther actually reg istered or required to be reg;.
tered under the law of any State or the District
of Columbia Whether a truck or truck-tractor is
requined to be regiStered is governed by the
law of the State In whiCh it 11 located or oper-
ated.
• H/gh••r ., ... The truck or truck-tractor
must actua lly be uSed •I ,..., ..._on a public
highway and powered by its own motor. It is
immaterial how much or how little the vehicle Ia
used during the tax period once it is actually
put in use . if the vehicle 1s of the highway type
and ordinarily would operate on the public
highway, but did not use the public highways at
any time during a particular tax period, then no
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tax liability would be Incurred lor that tax pe-
riod.
The occasional operation of highway type
trucks by an educational organization on public
roads in connection with a student training pro-
gram is a taxable UM.
A public hlflhw..-includes any road (Federal
or State highway, c ity street , or otherwise) in
the United States that is not a private roadway.
For example, the ,_of an otherwioe taxable
water truck by a highway construction contrac-
tor in building a new freeway on land which haa
not been U8ed as a pubhc highway is not a
taxable uoe of this vehicle. However, if the wa-
ter truck Ia moved by Ita own motor over any
public highway, such as from one construction
site to another, It Ia a taxable uoe of the vehicle.
The distinction be-this water tniCk and
motor vehicles such as farm tractors and b<J II-
dozers is that this truck Is of the highway type
whereas the other vehicles are not.
An otherwioe taxable truck or truck-tractor
can be driven over a public highway and not be
eubject to the tax . II the vehicle Is operated
merely to tranoport it from one point to another
In the Chain of dei'-Y from producer to con-
..._ (aaln drtveaway or towaway oervlca) It le
not taxable while being ao operated. Also, the
Wlhlcle le not aubject to lhla tax lilt 1e operated
merely lor Clemonltratlon purpoeae by a dealer
or dlatrtbulor ol new or aecond-hand highway
motor Wlhlctea, or by a truck operator under
ICiuai WOrll condltionl 88 part Of the dealer'l
demoMtratlon program .
,....,. .....,, The truck or truck-tractor
muat be ola certain type and weight to be tax·
able. See theachldulea at the end of thla pub-
lication.
It a Wlhlcle rnMII the IIIIa, dtac~ aertler ,
and -the a.crtptlon of a taxable truck or
truck-tractor, then it Ia aubject to the uoe tu.
, 'One• a Wlhlcle Ia but Into taxable uoe In a tu
period, Ita tuaible category will remain the
-_, though the vehicle Ia aubaaquantty
altered during the period. However, In aubea-
quant tu pertoda, the vehic le will be claaaed In
the taxable category within wh ich It falle when
n.-t put In uoe In the period .
A tuablalruall or lruall-traotor II daacrtbed u
followa:
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1) A single-unit truck, whether it has 2 or 3
axles, if its actual unloaded weight is 13,000
pounds or more:
2) A single-unit truck , w ith 4 or more ax les,
regardlees of its weight;
3) A 2-axled truck-tractor if its actual un-
loaded weight is 5,500 pounds or more:
4) A truck-tractor with 3 , 4, or more axles,
regardlees of Its weight;
5) A combination-type truck with 2 axles if
its actual unloaded weight is 9,000 pounds or
more; or
6) A combination-type truck w ith 3 , 4, or
more axlee.
For the amount of tax . -the schedules at
the end of this publication.
A ...,,. 111111 """*is a 2. 3, 4, or more axled
truck wh ich operates without pulli ng a sem ~
trailer or any other type of trailer. (See Excep.
tiona).
A two-axled ,.,.,..., -' amc. buo U8ed to
transport mall to small towns Is a single-unit
truck lor purpoees of the highway uoe tax .
A comblttallott·ftP• truclr Ia a truck
IOQUipped with a pintle hook or other mecha-
nlam which can be Ul8d to pull a trailer. (Sae
Except/otta).
A two-uled truck IOQulpped with a nat bed
body and a apeclal hitch mecnanlam U8ed to
tow mobile homaa and tranapon matartall uaed
In connection with their aelee and oervlce , II
coneiderad a truck-trailer combination aubject
to the tax , If Ita actual unloaded weight Ia 9 ,000
pound& oo mora.
Any modified truck equipped w ith a hitch
mechanlam Ul8d lor towing mobile nom. II
coneldered a truck-tractor aubject to the tu, II
the actual unloaded weight ol the tractor II at
leu! 5,600 pounda,
Dump trucka IOQUippad to tow Pf1P ......,. or
lllmllar trallera are conllldered combi nation-
type trucka.
~
A truck equipped with a pintle hook or llmllar
coupling device aultabia only lor towtng on.
ax led trallera with a gr-vehicle weight of'-
than e,ooo pounda Ia conaldered a lingle unit
truck.
A truck equipped with a pintle hook or llmllar
coupling device aultable lor towing a trailer
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with two or more ;:~xles . or a one-axted trailer
with a gross vehicle weight of 6,000 pounds or
more is considered a truck-trailer combination .
pressors and truck cranes) IS not counted as
part of the actual unloaded weight.
Note: Every truck-tractor is a combination-
type unit.
A truck equipped tor use with combination-
type trailers falls within the combmation cate-
gory even though it IS operated without a tra1ler
at the t ime 1t is first used on a public highway 1n
the tax year .
The word axle as used here IS not restn c ted
to the driving axles of the veh icle . It mcludes all
axles that are parts of the vehicle. In other
words, the number of axles may be determined
from the number of wheels seen when vieWing
the power unit from the side .
Body. In general , a body is considered to be
the bed, box. cab . or other device attached to
a motor veh icle tor carrying the driver, passen-
ger , or cargo. Ho wever, it is not necessary that
the bed, box , or other device be designed and
adapted pr imarily tor that purpose. For exam-
ple, the dump body mounted on a truck c hassis
is considered a part o f the body.
Tire actu•l unl<»ded weigh! of a highway
motor veh1cle means the empty (or tare)
weight , of the veh icle fully equ1pped for service .
It i ncludes the we ight of the veh1cle 1tself, the
weight of the body (Including any insulation), all
accessories, all equipment attached to or car-
ried on the veh icle for use in its operation or
maintenance, and a full supply of lubncants,
fuel , and water It also includes the weight of a
platform -lded to the chassis of a tank truck
to accommodate dispensmg equ 1 pm~t.
The actual unloaded we1ght does not 1nclude
the weight of the dnver or of any eqUipment
mounted on or attached to the truck or truck-
tractor wh 1ch 1S not part ot the body and wh 1ch
perlorms no function '" the o perat1on or main-
tenance of the veh1cle . but IS used only to load,
unload, protect or preserve the c argo .
Thus. refngerahon holdover plates, other
types of refrigeration equipment installed solely
to provtde refngerat1on '" tranSlt , and dollies
and pads used 1n moving household goods Will
not be take n tn to account 1n computing the ac-
tual unloaded we ight of the vehicle .
The weoght of any special equipment affilled
1o the vehicle tor uoe at particular work lileo.
euc11 81 on con8truction jObs , In oil fleld opera-
tlone. or -"<<re (81 for ex8111j)ie , a~r com-
4
The weight of a locking frame mounted per-
manently and used to support and se c ure a
container-van body to a truck chassis IS in-
cluded In determining the actual unloaded
weight of the vehtcle. However, the weight o f a
hydraulic lifter that neither supports nor se-
cures the container-van body to the chaSS*s
and the w"'ght ot retractable or portable legs
that support the body while dismounted are not
included 1n the actual unloaded we1ght of the
vehicle
The wel!jht of a boom-type loading and un-
loa.dmg devtce ts not included '" the actual un-
loaded wetght of the vehtcle However , If the
device IS mounted on separate channel stnng-
ers, the weight of the channel stnngers IS In-
cluded in the actual unloaded weight of the
veh icle See also A tow truck. d iscussed later 1n
this pubUcat ion .
The we1ght of the t railer pulled by a motor
veh icle IS not included in the actual unloaded
weight of the motor vehicle .
The weight of a truck or truck-tractor may be
determ ined on any scales convenient to the
taxpayer.
The we 1ght of an ..,tomoblle CMrlM liNd·
ramp mounted over the cab o f a truck-tractor
must be Included in comput1ng the actual un-
loaded we1ght of the veh1cle .
A veh 1cle hav1ng a three-axled truck chassis
w1th a conven t1o nal truck c ab. equipped with
an auto mobile carrie r body designed to carry
two automobi les ov er and one behind the cab
and a fifth wheel attachment . and w1th an ac-
tual unloaded we1ght of between 22,000 and
23,000 pounds . '" a truck-trailer combmatlon
A cone,.,. mix., trudr. The followmg parts
of a concrete m1xer mounted on a motor vehi-
cle are not included 1n computing the actual
unloaded we1ght:
1) A separate engine assembly including en -
g •ne . hous~ng , gas tank . and skid ,
2) A transm1ss ion system connecting the
power source to the mlx 1ng drum ;
3) Water pump , controls, metering equip-
ment , hoM and pip1ng partly compris1ng the
wale< oya\em ;
4) The trunnion bearing and dNm ,_.
which enable the mixing drum to rotate;
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5) A loader assembly primarily cons isting of
a hopper; and
6) A discharge system consisting of chutes,
supports, and brackets for directing the co n·
crete into forms at the job stte.
On the other hand, the follow ing parts of the
concrete mixer are tncluded in computmg the
actual unloaded we1ght.
1) The mtx ing drum , mnung blades or tms .
and the drum door,
2) The water tank ancl suppons partly com·
prismg the water system ,
3) Mud guards to pro tect mov1ng parts from
dirt , and drum roller guaro.s wntch are a safety
feature;
4) Steel sign panels mo unted on the veh1cle
wh ich carry the name of the concrete muc pro-
ducer; and
5) The mixer frame upon wtac h the mtxtng
drum and its accessones are mounted
A,_,_,. con,.,,.. des1gned to be used
with a highway motor vehtcle chassts for hau l-
ing and dispos1ng of rubb1sh must be Incl uded
tn determinmg the ac tual unloaded wetght of
the veh icle .
A ,.a.er-tn» ,.,., .. collection truck. Users
of rear or side loadtng compactton-type refuse
coUection trucks may exclude w ithout substan-
tial ton 3,000 pounds m computing the actual
unloaded wetght of these trucks. Th ts ts a stan-
dard exclusion fa ctor whtch w ill be accepted tn
Heu of actual ident iftcahon and substantiation
ol the weight of excluded parts.
A -truck. The weight of a wrecker crane
consisting of mast , boom, c ables, and wtnch
mounted on a truck used in the recovery and
lowing o f diaabled motor veh•clee is included 1n
computing the actual unloaded weight of the
tow truck. However, the weight ot a power IIIU-dl..,.._ ~only to operata tile-
-. lcldng IJIICI U111oU11Q 1M ~ 1e nee In-
cluded.
Determining the tu. Read down the left-hand
column of the applicable chart at the end of th is
publication until you come to the category of
the highway type truck or truck-tractor wh ic h is
required to be registered in your name; then
read the amount under the month 1n which you
.., ueed this particular vehicle. This II the
_. )IDU owe • Fea8ral ~..-laic for
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th is vehicle . If your truck o r truck-tractor is not
described in the chart , you d o not owe th is tax
The tax due per veh1cle varies accord1ng to
the month of the tax period it is f•rst used . Mo st
veh 1cles are first used in July (s1nce th 1s is the
first month of the tax penod) and thus the tax
due would be the amount listed under the July
colu mn Any truck or truc k-tra ctor descnbed '"
the c hart and hrst used on a pubh c h1ghway in
a mo nth after July Is subJeCt to the tax hsted in
the colu mn unde r the month It ts f1rst used .
E••mpl• 1. You have registered m your
name a 2-axled, s1ngle-un it truck If th ts truck
has an a c tua l unloaded weight o f 14 ,500
pounds. 1t is described 1n category "A ." If it is
first used in July of thts year , you owe $81 .
However, if you ftrst use th is truck in October,
then your tax for this tax penod is $60.75.
Ex•mp l• 2. You have registered in your
name a 2-axled truck-tractor equ ipped to pull a
sem itrailer The truc k-tractor alone has an ac-
tua l unloaded we1ght o f 7,500 pou nds. It is de·
scribed in category "1": if you first used it in
July of thiS year , you owe S t 20 as a use tax for
th is tax penod. If you do not use it until Decem-
ber , your tax for th is ta x penod 1S 570 . If you
obtained the veh icle second hand , see the d is·
cussion of Secondhand veh tcles
Bu ses
A bus is subject to th is use tax If it.
1) Is required to be reg istered for highway
use ;
2) Is ac tually used on a publ 1c highway; and
3 ) Has a gross we1ght o f more than 26,000
pounds
The first tw o po~nts were def1ned earlier m
connection w tth trucka and truck-tractors.
n-same definitions are applicable to ~
,_,.ore, the only naw ._ M*ll ...0. •
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Oroee welglll ,. ttwo aoNal unloaded wetgltt f:A
the bus plus 150 pounds for each unit of ..,at-
lng capacity provided for passengers and the
driver . The actual un loaded weight is its empty
(or tare) weight , when it is fully equlp,.cl lex
_,,.,., The term fully equipped Includes the
body of the buo, all accessories , all equipment
attached to or carried on the bus for u.e In Its
operation, aH equipment uoed In ita rnalnl•
-or tor 1M accoiiUIIOdatlon ol ~
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c. CU.. (euch • air-conditioning and ~
lion f8cllltlee , etc.). and a full aupp1y of lubfl.
cantl, fuel , and Wiler. The ICIUIII unloeded
Wllght doel not lncW. the IC!ulll Wliglll ol
the dnvw c. PIIIMngerl.
II the groee Wllght ala bulll2e,OOO IJOUndl
Of '-. H II eJCIIIIpllrom !hill tax.
The texable groea Wllght ol a echool bue
-be computed U8lng 150 PCIUIIdl lor each
unit ol ~ ~lly l...apactlva of the IICt
hi the Wllght of the -... ~ car-
le-d !My dlllw from lhel figure . Howww . 1M
Nnber oi8Ciulla lhel COUld be-on a bul
.. dlllenNne Ita ~ Cll*ly -lllougll
the bul II ldld lo ITMipOft children.
~AI··· .. lu.., a IIIII. Flrllt you dlolwr-
... the IICiull unloeded Wllght "' 1M bul; lo
IIIII you add 1 !10 IJOUndllor each unit of -
lng ~~lor~ and 1M
dltww . Thllllgure lithe lifo. weigh! of the bul.
" ... bul -'"' ...cl dul1ng JIJty oliN tax 1*100 . the tex-1>-.d on groea weigh! 1113
lor each 1,000 PCIUIIdl Ot friCtion thereof. II the
bul Wll h UMd during a month alter July In
a tax 1*100. the rata per 1,000 pounda 0t friC-
tion lheneolla:
Al.tguol ......... 112.7&
-... 112.50 ~................. 112.25
-·························· 112.00 """"'-.......................... ., . 7&
--........ 11 .10
"*-Y ············· 11.25
..................................... 11 .00
-10.7& ......................... 10.50
........ 10.25
FOt example, If a bus registered In your name
and ...cl In July on the public hlghwa~ hM an
actual unloaded weight o1 22 ,000 poundl and
-ta 43 ~ and one dr1Yer , n. gr-
weightll28,1100[22,000 + (150 )( 44))poundl
and the lex due on thlll vehicle lor lhbo tax ~
rlod Ia 187 (13 >< 29). If lhbo bu8 Ia ftrat UMd In
January, the tax due on H lor thle tax period 18
$43.!10 ($1 .50 )( 29).
Ellemptlona from the Tex
II a truck , truck-tractor, or bue Ia Ul8d eolely
by the Federal Govwnment, any State or the
Dletrlct ol Columbia, or any local govamment, It
Ia exempt from the tax . For the purpoaa ofthbo
exemption , the Government must actually op.
erata the vehicle. Th18 exemption aleo appllee
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to the Ull of 'tWIIciM by the Amarlcan Nattonai
Fled Croae.
Fe. ~ of the IXII!Ipllon no dlll1ncllon
II meda ~ go,., ...... rtoll end pn;>prtatary
act1vtt1aa When the actlvtttae are Plf1ormed dl-
nectly by • State or loclll governmem. Thua a
clly'e uaa o1 n. trucka to collect trllh (under a
contnlct awarded In compatH ive bidding) from
a commercial company 11 not eubjact to the
tax. ~. the exemption doel not apply to
a wHcll driven and melntalnad by a taxpayw
....,... a Unltad S!Mel mall con!Tact , but doel
~ to ..nlclaa OPI'etad by nonproftt -
-lira daPirtn•rte, ambulance ..aclllttoo-.
and neecue lqiMde. Similarly , the examp~~on
WOUld not apply loa goVI!1WI .. ~-ownad ......
c:le driven and meinletnad by a CO!IIpMy doing
-end dewll~ under a ~
-COI'IIract .
ao. .. ••••rt-ownect fWIIIclel fllmllllad lo
and operetad by ContTaclorlln connection -
go ......... t-operated plenll would not~
lor lhl8 exemption. ~. they ere not ~
ject to the hlgliwey uaa tax II neither raglllwad
nor required to be regletered In lillY State.
No ......,.,.,. to. /fptf loeda. No truck.
truck-tractor, or bul Ia exempt from thle tax ,
nor doel It Qualify lor a reduced tax, merely
becauaa H normally earrlelllghtweight loadl or
op&n~tee empty one-half the time.
.,......... -...._ II you trade-In or eel! a
vetilcle on which you have paid tha tax, the new
vetilcle you obtain llaubJact to tha tax and no
eradH Ia allowed lor tha tax you paid on the old
vehicle. II you wteh to recover thle paid-up tax,
you lhould value the vehicle that you trade or
1111 to raftact the amoum olthe paid-up tax lor
the nemalnlng portion of the tax period.
"~'~~~~ ,.,. _..,_,.,,,..,..,.,or race1va
one In a trade, on which the tax lor the year hM
been paid, you do not owe thil tax on the! ..
hicle lor that tax period. II the tax hM not been
paid , you may be liable lor tha entire tax period.
See tha dlecuaelon of Second-hand Ve/1/clea .
LOC8I "--t .,.....,, are liable lor the tax on
the uaa of their trucka and truck-tractora In the
aame manner u other taxpayera. a-owned
by local trallllt ayatema may be exempt from
thll uee tax II they either have a groee weight of
26,000 poundl or Ieee , or If tha local trallllt
ayatam m .. ta the 60-pareant paaeenger fare
revenue teat, dlec:uaeed later, lor ~~ bulee In
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the ..., perfod applicable to that eywtem lor
that tax penoo . However. thla axamptlon doea
not llj)piy to ~ ol the Intercity-type (con-
IINC:ted lor long-dllllanca uee) avan though
they .,.. operated locally by a local tranelt ey.-
tem .mtch meeta the~ 11111 . Subui'Oan type
111.-uaed to provide m-traMPQrtatlon that
Incorporate featurea normally found on both ln-
tanclty-and tranalt-typa buaaa are cluallled u
111.-ol the tranalt type .
nw .,.,.._, ,.._,., ..,. -
...,_ TIW1elt ~.,. axampt 1rt1m tHI tax II et
._ ~ ol the 101111 ~,...
!tom achaduled rune lllong ragulw ~ In tile
ll!lPicabla -perfod • !tom:
1) T~ larealhllt donot....-
eo centa;
2) Commllt1lllon ar ....:>~~ tlcMD ftlr ~
tripe o1 ._ ttwn 30 ,._; ar
3) Commulatlon ticket. lor one monlll ar
laaa, ar any comblo..tton ol "-aoureaa.
lnlardty !area are Included In lhla cQmllUI•
lion ol tol8l ~ lara ravenua, but cllar-
tw laM. rental8, adve<tlalng racelpta, etc ., are
not Included.
Dilflllll-. tile-perfod. The IIIII period
lor a particular local tranelt eywtam lor any tax
pe!1od dapanda on whan the eywtam wu In op-
eration. For a local tranelt eywtem In operation
In the calendar quarter lmmadlalaly preceding
July t ol the tax penoo , the IIIII period lor the
tl'8nalt eywtam Ia that calendar quarter, unlaM
the ayatam derived paaaangar lara revenue
!tom regularly acheduled runs on 1-than 30
day. during the quarter. In thla event , the tall
pe!1od lor the eywtam Ia ~~ Iaiii preceding IIIII
period, or. II none , the calendar quarter begin-
ning ~h July 1 ol the tax period. For a local
tl'8nalt eywtam commencing oparatlona on or al-
tw .Airy 1 ol the tax year, the tall parted lor the
part ol the tax period In which It operated Ia the
calendar quartw ln wh ich oparatlona began. II,
however, the eywtam rune on lea than 30 daya
during that quarter, tha teat period Ia the follow-
Ing calandar quarter.
Recorda
II you hava registered In your nama any
tnuck, truck-tractor, or bUioubjact to the hi gh-
way -tax, you mull keep recorda aulllclent
to enable the District Director to determine
-her you are liable lor the tax end, llao, the
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amount ol tax Clue . Thaae recorda mull ba kept
even though the vahlcla Ia raglatared In your
nama only part ol tha tax year. They muat be
kept lor at 1eut 3 yeare altar the data the tax
becomea due or Ia paid , whichever Ia later.
They mull ba available at all tlmea lor lnapec-
tlon by the Internal Ravanua Service . You
ahould alao keep coplaa ol a ll raturna and
achedulaa which have been I liad .
"--da lor -.11 ftlllale -'-ld .._,
1) A dllacrlpllon o1 the welllcla (Including ..
rial number or o111er manulacturar'a number) In
eulllclanl detail to permit poelttva ldantlllcatlon
ol the vehicle and ol the tax category Into
wNch K lalla; (Willie not required, ~ mey help to
kelp a weigl!l ticket ar allp lor ..ch v.hlcla 11'1
your racooda.)
2) The elBa tile v.hlcla -acquiiWd and
lila -and ..,.,_ ol lila paraon froln """"'
"-acQUnd;
3) The tnt monlh ol each tax period In
wNch a taxable uaa occurTed lor aech vehicle,
and any prior month In which lila vehicle wu
ueed In auch tax parted wh ile raglatared In your
name, ~h avldenca to llllabUah thet auch prtor
uee wu not a taxable uaa ; and
4) The data ol aala or other tranaler ol tha
vehicle and the nama and addr-ol the par-
eon to whom tranalarred . II It wu otherwlae
diapoaad ol. Illata the method ol cllapoalt lon.
II you acquire and have raglatared In your
name during a tax year a aacond-hand taxable
vahlcla, you must obtain avldance ol whether
there waa a taxable uaa ol thla vehicle In tha tax
period prtor to the time It wu raglatered In your
name. The evidence may ba a written lllat•
mant, algnad and dated by the paraon (or
dealer) lrorn whom tha vehicle waa acquired ,
ahowlng whether there wu a prtor taxable uee
ol the vehicle and , II ao , whether the tax wu
paid and where It wu paid .
,.,.,.,_, .. II you operate a transit or--
. tem and claim exemption lrorn tax lor a transit-
type bus, you mull keep nacorda aulllclent to
ahow, lor each tax period, whether you meet
the 80"-pauenger tare revenue teat lor the
IIIII period .
Retuma end Tex Peymenta
G-rally, avery pareon In whoae name a
truck, truck-tractor, or bus Ia required to be
ragllllered at the time ol Ita llret taxable uee In
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any tax period must make a return (Form 2290)
and pay the tax tor the applicable tax period. must be filed on or before August 31 , account-
Ing for all highway motor veh icles in taxable use
during tt1e month of July. It a vehicle is first
used in November, a tax return tor 11 must be
filed on or belore December 31 . Each taxpayer
must tile a single combined return of the tota l
amount of tax due for all vehicles first Used in a
particular month.
A person, for purpeses of the highway use
tax , includes an individual , corporation , part~
nersh ip , or any other type of organ~zat1on (in-
cluding nonprofit , charitable, educational, etc.)
except those specifically described under Ex-
emptions from the Tax . Foreign persons are ha-
ble for this tax if they are required to reg rster
veh icles 1n any of the States or the Olstnct of
Columbia.
II IOU ,_ In one ..,lc,. IrK ..,.,.,, and
place the '(ehicle you receive mto use during a
month in a tax period after you have filed a
Form 2290 for the vehicle traded m, you must
file an additional Form 2290 for the veh•cle you
If the same vehicle is registered by the owner
as well as by another person, the owner rs liable
for this use tax . This is true even where there is
diMiregl•lrlltlon of a leased vehicle
Any vehicle operated under a dealer 's tag ,
license, or permrt is consrdered to be registered
in the name of such dealer who is, therefore,
liable tor the tax .
S«:ond-118nd ..,lc'-•· It a truck , truck-trac-
tor, or bus is used in the tax periOd while regis-
tered In the name of the first owner, that person
owes the tax . It the first o wner pays it, no sub-
sequent owners owe this tax on that veh icle for
that tax period. However, if you obtain, regis-
ter, and use a vehicle in a tax penod for whrch
this tax is due and unpaid , you become liable
tor the unpaid tax tor the entire period of tax-
able use.; It is immaterial that the prior user in
the tax period, who failed to pay the tax , had
filed a return. As the subsequent user 1n a tax
period, you are not requ1red to repOrt or pay
this tax unt1l on or before the last day of the
month following the month 1n wh 1ch you are
notified by the Internal Revenue Serv1ce that
such a return IS reqUired Records which must
be maintamed when you obta1n a second-hand
vehicle were discussed earlier under Records.
In ellect, tile tax pa1d , or the liebitity lor the
unpaid tax , lor the tax period on the -of a
~ lnod<, truoi<-b"actor, or bu8 • ~
Cillo~~,_,.,. ol '"" ........ dut-
._, lie ... Pltlod . 'f'* 18 a matter lor ....._
.. and~ ~lie buwer Md
tile seller.
receive .
It you put an additional vehic le In use during
a month in a tax period after you have f1led
Form 2290 tor your other vehicle(s), you must
file an additional Form 2290 on th1s veh ic le . An
additional veh icle may be considered one that
was purchased new or used , or one that was
prev1pusly o wned but just placed Into service
You pay a tax on this vehicle at a rate accord-
ing to the month it was put In use.
The return sh o uld be filed w ith the Internal
Revenue Service Center specified tor the State
in which the taxpayer's principa l place of busi-
ness. office or agency, or legal res1dence is lo-
cated.
II IOU ,.ld lh/8 f8a ..,_IOU did not o-II,
you may f1/e a claim for a refund on Form 843.
No cted/1 or -.lund ol the t•x w ill be granted
merely because the vehicle on which you paid
the tax was later sold, traded, wrecked, junked,
sto4en , or otherw1se d•5p0Sed of, after its tax ·
able use. It IS immatena/ how tong the veh ic le
was actually used.
Employw k»nllflc8tlon numbet-. It Is imper-
lant that you enter your employer identification
number in the appropnate block on your Form
22110 and on any o ther statement or documenl
)OOU """'•· If you heve not pr~ applied b
or obtelned sn ldenlifieation number, you ..,..
~tor one on Form SS-4 , avellable at IIIIW
llllemai R81111nue office. ~ you have applied b
but not received a number and the due date of
the return is near, file the return and enter the
words "number applied l or" In the appropriate
block.
Thl• lax return mu•t be flied on Form 2290,
which is available at your Internal Revenue Of-
fice . The Form 2290 mu•t be Hied on or before
,. ,.., <Uy o1 the month wh1ch follows the
month 1n wftich a """icle is first U8ed on the
public ~ "' the lax P<lliod . Thul, lor the
llllgUiw tlla period beginning Julr 1 , a retum
8
LOU/ trllnell .,._. Special rules are pro-
vided tor cenaln eltuatiorw 1nvoMng local Iran-ell,..__ A -local tralllit ~ CMW1Qt
~ l:lelcn IN claM ol iCa tnt ._, 1»-
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rlod whether tax is due on its transit-type buses
used in the lest penod. Occasionally an estat>-
lished system must complete a test period for a
particular tax period before liability on its tran-
sit-type buses can be determined. In these
cases, any tax on the transit-type bu-used In
the test period must be reported on or before
the last day of the month following the close o f
the test penod. Tax due on trucks, truck-trac-
tors, and Intercity-type buses must be reported
'" the usual manner See the previous discus-
SIOn of Local tranSJt systems.
ff ,. ,..,., Is not fl'-1 wllhln file -
-·a pena"y IS Im posed. The penalty is 5% of
the tax due for ea ch month or fraction thereof
the return IS late , but no more than 25%.
If you can show that the delay was due to a
reasonable cause, and not to willful neglect,
the penalty will not be imposed. You should
attach a wriMen statement to the return , show-
ing all the facts claimed as reasonable cause
for the delay. Reasonable cause does not in-
clude ignorance of the law, forgetfulness, or
over51ght.
In any case, you wilt have to pay Interest at
the rate of 6% per year on the unpaid balance.
7lle ,_.., lor Ill/lure to ,., tarn -
due is 1 /2 of 1% of the unpaid amount for each
month or part of a month it remains unpaid up
to 25% of the unpaid amount. The penalty ap-
plies to any unpaid tax shown on a return. It
also applios to any portion of additional tax
shown on a bill if it is not paid with in ten days
from the date of the bill . This penalty is in addi-
tion to the interest charge on late payments.
En.n.lon ott/me for filing the return (not to
exc eed 60 days) may be granted by the Internal
Revenue Service . Your request should be ad-
dressed to the Drrector of the Internal Reven ue
Service Center where you would file the return
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and must conta•n a fu ll explanat1on o f the
causes of the delay. The appfl catton tor e xten-
SIOn of t ime must be submitted on or before the
due date of the return
When Ia Payment olthe Tax Due?
The tax due must be paid w1th the return on
or before the due date for filing the return , un-
less the Installment privilege Is elected.
lnatalt..-t prlyllege. If you f1le your return on
t1me, you may elect on your return to pay the
tax 1n up to four &Qual Installments, depend1ng
upon when the first use of a vehicle occurs 1n
the tax penod. The tax on vehi Cles first used in
July, August . or September may be paid 1n four
installments; on veh icles first used in October,
November, or December, in three Installments;
and on vehicles first used •n January, February,
or March, in two Installments. The installment
privilege is not availa~e for the tax on vehicles
first used in April , May, or June
The Hrst ,,.,.,,_ of ,.x muet be pllld
when the return is required to be filed, wh ich is
on or before the last day of the month follow~ng
that in wh ic h the first taxable use o f the vehicle
occurred. The other installment dates are De-
cember 31, March 31 , and June 30 , depending
upon the calendar quarter 1n wh ich the liability
was incurred. You should receive a not1ce of
each Installment before it comes due. However,
should an Installment not be paid on or before
the due date (whether or not you receive an
Installment notice), the entire unpaid tax be-
comes due and payable upon notic e and de-
mand from the Internal Reven ue Service
All ,.,.,-. must be peld. Liability is in-
curred w1th the first taxa~e use of a vehicle '"
the tax penod. If a"er the Installment priv1lege
IS elected the vehicle ts sold, the seller IS st ill
reQuired to pay any unpaid Installments.
These pictures Illustrate most of the types of vetuctes
subject to the use tax. Its tuable category 11 Indicated by
the leners . Consult the tax tables tater in this publcat1on tor
the amount ot tax on each category
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Tax an Sin&te Units
Find ttae ~of JOUr wllicle.
The ... due is the ........ IIIIIIDUI8,
in the column tor ttae monltl
ttae wllicle-first Uled .
CatepJ ..... ~ .__ --....... _ .. ___ .. _
==.-:.=: __,--4-2-----M 1.00 167.50 160..75 --<IIIli------·-··· 174.25 ~~=-==--=== --~~----------------•oo &2.50 75.110 67.50 C--:11-----120.00 110.00
....... ., 16,000 _________
100.110 •oo ----·--·-115.00 151.25
....... ., __ 22 _______
U7.50 121.75 ------....... .,22, _____
__ liO ______________
2 CM.OO 187.00 1 70-00 153.00 -------_..,.., liO--.. ------zeo.oo 220.00 200.00 180.00 --·---2 .. _
I -----.... -------___ ., __
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154.00
60.00
80.00
11 0 .00
136.00 I
160.00
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..... J
147.25 $40.50 1 33.75 $2 7.00 S2 0 .2 5 S6 .75
52.50 45.00 ' 37.50 30.00 22.50 15 .00 7.50
70.00 60.00 so.oo I 40.00 30.00 20 .00 10.00
68.75 1
96.2 5 8 2.5 0 55.00 4 1.25 27.50 13.75
119.00 10 2.00 85.00 1 68.00 5 1.00 34 .00 17.00 I 140.00 120.00 1oo.oo 1
80.00 I 00~1 40.00 20.00 I
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Trecw.Tr.._ c ..........
H-2 axled truck-Vector with ectt.Nil ~'!'::~ ,::w::no~.&bo500~~~-~-
1-2 axled truck ··-with -· :::::,-::~ .::!•:.~9~~ ~~-~-
.1-2 •xled truck-tractor with ac:tu•l unJoeded weleht of 9.500 PGUndl or
more •nd .... , ... " 1 J .000 IJOUnde .....
K-2 ••led truck-tr.ctor with ectuet
untoeded weteht of 1 J .000 IJOUnda or
mor•·········-··········--------·····;··
L-3 or 4 allied truck-tractor with •ctual
unloeclad weieht of , ... then 13.000
pouftda ..............•....•.....•........
~3 or 4 axled truck-trector wtth
actual unl011ded weight of 13.000
PGU:nda or mora •nd 1 ... than 17.000
pounds . __ .... ---···-·· .. ····----·---·-·
-3 or 4 ••led truck-tractor with actual unla.ded weight of 170000 pounds or more ______ ...................
O-M Ora tholn 4 axlld truck-trec:tOr· 4 U UmH actual unloeded weight
multiplied by ta• rate per thou .. nd
pounda as set forth at end of chert .
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190.00 182.50 115.00 167.50
120.00 110.00 100.00 90.00
150.00 137.50 125.00 112.50
180.00 165.00 150.00 135.00
195.00 178.75 162.50 146.25
210.00 192.50 175.00 157.50
222.00 203.50 185.00 166.50
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160.00 152.50 145.00 137.50 130.00 122.50 115.00 S7.50
80.00 70.00 60.00 50.00 40.00 30.00 20.00 10.00
100.00 75.00 50.00 87.50 62.50 37.50 25.00 12.50
120.00 105.00 90.00 75.00 60.00 15.00 45.00 30.00
130.00 113.75 97.50 81.25 6 5.00 48.75 32.50 16.25
35.00 I 140.00 122.50 105.00 87.50 70.00 52.50 17.50
37.00 I 148.00 129.50 111.00 92.50 74.00 55o50 18.50
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Tax on Combination Units
F"llld the alliiDrY of,.,.., Wilhide.
The tu clue is the --CIPPDUIIt.
in the column lor the 11-.th
the Wlhic:le-first usat.
Category ~ .... .__ --T._..T,.._C, " .... -
IL-2 aded truck W'ith ~ uneo.ded
... hi of 9,000 pouncN • man and
leUU.n 12,000pouncH•ndiiQUi...-J fDr UM in combinations _______________
120.00 110.00 100.00 90.00 o-2ealed..,..._ectue~unl-~:::.!·=rn--a::..:.=:_~~ 165.00 151.25 137.50 123..75 a-.1 cw 4 aided ln.ldt with ~ u• -:::t'ht of --n 14.000 C:'* .... ipped tw UM in cam-
-----····-·················· 195.00 118.15 162.50 146.25 ~ or 4 ellfed trucfl with .:tu.l un--.... ht ol 14.000 _. ..... "' more and lea then 19,000 PGunda and
equipped few uM i n combin.bons ••••. 222.00 203.50 185.00 166.50
T-3 or 4 ad.ct truck with Kluel un-=:-.n':=i~9~ ..:f~aar:
228.00 209.00 190.00 171.00 birwtions •••.• ····------------· ___ ..
~More then 4 axled truck equi pped
for use '" combirwtions_.h limu K · tuel unloeded ..... ht multiplied br
taa r.te per thou•nd pounda .. Mt:
forth a t end of chert.
T•• r.te .._ ........ ~-•
U.DO SZ .7S -.-................... $2.!10 sz.zs
--r---
80.00
110.00
130.00
148.00
152.00
SZ.DO
--... ---•• .... -r---'------r------'------
70.00 60.00 50.00 40.00 :JO.OO 20.00 10.00
96.25 &2.50 6&.15 55.00 41.25 27.50 13.7 5
11.1.75 97.50 81.2~ 65.00 411.15 32.50 16.25
129.50 111 .00 92.50 74.00 55.50 l1.00 18.50
114.00 133.00 95.00 76.00 57.00 38.00 19.00
ll.7S 11.!10 ll.ZS ll.ee 10.7S .... se-a
•E..-; lruc~·hdor io o c--.... type unit. E..-; lruc~ ...._., wilft o ponle-"'-111-which con be-to-o-II....._ to b.
1 ~lion unleu ~ excepted, •• diecuaHd ..,.... in O.ie publication.
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r.ii\Y 3 1979
DE PT. OF r:;;:.::.:i:
E i~GLEi'l JiJ
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C~~-o c/ / C~ . Y Vt I ()
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te: r.:u~ d~~--t AltJ . c;).s-/
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3 a a CJ L~-c..e ":/ -du<.;(f $'~ _ _.Lb . ~ ~
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L_-e~1/
t/ rV J.ut
~~e h~iR/;o--u~
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Mr . Hugh f . frazier
4569 South Pear l St .
Englew ood, Colorado 80110
r;; .Jtf 6{ Gr. ;t) UJ ,., .,a_
a.t£n..,; ~ .;-..... ~__. <'>f /....:-.a--~ oL-
?f~ A:fA.trrte f:j &_f_f __ .,_.r, /(., ~k
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jl• ,1, 3 0 1979
DEPT. or-nw.::c i:
EaGLE'iJJQD
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BEFORE THE Cl TY CO U:lCIL FO R TH
CITY Of ENGLEWOOD
STATE OF COLORADO
In re the matter of :
I .I 3 1979
DiJ'T. c-I ..... ;[
UI GL tlijJ O
SPE CIAL ASSESS MENT LEVIES
UPON PROPERTY OWNERS IN
PAVING DIS TRI C NO . 2 5 .
WRITTE N OB JECTION TO
SPECIAL ASS ESSMENT
COMES NOW the un de rsign e d property owners by and
thr ough their attorneys Lobato -Bl eidt , Bl eidt & Haight, P .C.,
and do hereby present written objection to th assessments
made upon their property i n conjunction with imp r ovement s t o
side~alks , gut ters and streets located within Paving District
No . 25. The undersigned do here by o bject pursuant to C.R .S.
Sect ion 31-25-520 19 73 and C.R .S. Se ction 3 1 -25-53 8 1973 to
the amount assessed against the un dersigned property owners
for improvements done in Paving District No . 25, a nd as grounds
therefor state :
l . Th a t the assessment levi ed aga inst the under-
signed property owners does exceed the benefi ts rece i ved by
the property assessed.
2 . That the ratio of the cost of the improvement s
a ssessed upon the propert y owners is di spropor tionate t o the
benefit received .
3 . That the proportionate amoun t of the cost o f
the special improvemen ts born by the City of Englewood is
too small an amount when measured against the general benefit
realized by the City of En glewood .
4. Paving Distr ict Nc . ~5 i ncluded improvement to
West Oxford Avenu e , a street heavily used by truck and tractor-
trailer traffic ,
5 . The undersigned property owners are in effect paying
for the imp rovements for Paving Dl strict No. 25 when in
disproportionate effect the benefit i s actually accruing to
this heavy truck •nd vehicular tr~ffic, whic h has born none of
the expense of paying for said improvements .
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6 . Th a t the he avy truck a n d ve h icu lar tra f fic
which is bene fi tin g f rom t he i mp r oveme nts t o West Ox f ord
Avenue in Pav ing Distric t No. 25 c o n s t itute s a gener a l
benefit to the City of Engl e wood .
7. That since the Ci ty o f En g lewo od has c onferred
upon itself this general benefit, the und er signed p r operty
owne r a object to the levying of approximately twothird s of
the cost for the special improvements up on their pr o perty.
WHEREF ORE , the un dersign e d property own e rs do
hereby make written objection p ursuant to the above-c ited
sections of t h e Co lor•do Rev>sed Sta t ute s to the dl sprop ortionat e
burden placed up on t heir p r operty in t he form of a n asse s sment
levy when comparPd to t h e actual benefit r e ceive d b y thea e
undara igned property owners, when viewed in light of the
actual general benefit conferred up on the City o f Englewood
and ita dis proportionat ely small burden i n c ont r i buting
toward• theae improvements .
FURTHtR, the undersigned ob j e ct to the bidd i ng
procedure• followe d for t hi s special improvement which baa
raaulted in inferi or wor kmanship and demands explanat i on for
the potent ial improprieties invo lve d t he r ein . The unde rs igned
also reserve the right t o make all o ther objections , whether
statutory and/or constitutio nal, t o this assessment .
Re s pectfully submitt e d,
LOBATO -BLE I DT, BLEIDT & HAIGHT , P.C .
By • '-:/: I ~-·,t/
''Jo li n T. Va n Vo o rh i s. #9227
Suit e 11 0 , Terra Pr o fessi ona l P l a z a
1360 South Wadsw orth Bou l eva r d
Lakewood, Co l o rad ~ 80226
Telephone : 988-908 1
Ob j ecting proper ty own e r s :
1 . Mr . Porfid io Prado and No rma
2 .
Jean Prado
78 0 West Oxf ord
Eng lewoo d, Colorado 801 10
Te l ephone : 781-6206
Mr . George
40 90 So uth
Englewood ,
Telep ho ne :
F . Wenzel
Hu ron
Co l orado
789-14 94
80110
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3. Mr . Newt on Magoun
805 We st Ox f ord
Engl ew ood , Co lor ado 8011 0
Telephone : 781-5449
4. llr . Kenneth A. Love
777 West Oxford
En g l ewoo d , Color ado 80110
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6 .
7 .
Ms. Gra ce Wo~eldorff
4 070 South Huron
Englewood, Colorado
Te l ephone : 25-5225
Mr . Chest e r Moyer
77 0 We st Oxford
Englewood , Colorado
Telephone : 781-6839
Mr . Peter L . Tar dif f
80110
80110
4101 So uth Ga lapago
Englewood , Co lora do 8011 0
Telephone / (602) 92 2 -037 0
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ROLL CALL
Moved s econded
WillTams
Ave Nav Abstain Absent -Uolo.--
--sm1tn
~rn~
Clavton
--
Mann
I ""P.avor 1 ~y_l ~!:._ -
'
c tcU 6 (}7. dtU
J . ;) r. 7 );6 )~y-)il tu:J#'-' j~ WP~Yt lJ ia mt
J (Y ~ -ut'l#:t'nk/ ;J:W~'
(}uMU4_)
);7 c Cft/10.
• ~ I .
• •
•
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--=--~--
ROLL CALL
Moved Seconded Ave Nav Absta n A bsent
Williams t--
I.IDhD .. £.-.-
:,m1tn L--
Harner 1 ..--
Clavton ~
Mann t:.:/
Mayor iay}"_9 r L--
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• •
•
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ROLL CALL
Mov ed s d d econ e A 'Ye NaX_ Ab sta n Ab t sen
Wi 11 iam5 .... ~ ............. Weber ~
~ ~1til f.,..--
_Hil.[_g~ ~
Cl~ton 4-;....--
Mann ~
__l'l_ayor Ta ylor f.,..--
I . .
• •
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ROLL CALL
Moved Second d -e Ave Wi llfams Nav Abstafn Absent
_ileb~;:-
::>m1 n
H~ro~>r
Clavton
Mann
Mayor Ta y_l_E r
I .
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ROLL CALL
Moved Sec nd d 0 e Ave Nav Abstain Absent
Willi ams
WPhon•
--sm 1 t n
HarD:«-
Clavton
Mann
1-lavor T ay~ cr
~L .6_~ fJ ~ ft__Af lcf,~~ '~ '~ ~d: ~ /h ' ~ ~JY>1A "> a tu?u _
~/cU~w~~~
--
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ROLL CALL
Moved sec d d on e Ave Nay Abstain Absent
Wi 111am!O
~.~ ....... ~
Sm1tr. -1-lJtrD!U:_
Clavton
Mann
lT.ayor Ta_y_1 r.r
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ROLL CALL
Med S ndd ov eco e A w_e Na.l Ab sta n A bsent
Wi111amll ~
W!Mler t.-
SRI1tn v-
~ Haroer L--
J..,./" Clavton 4-J..---
Mann v--
Mayor Tay_l_Er t--
J
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• •
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ROLL CALL
Hoed Sec d v onde Ave Nav b A sta n Ab t sen
Williams
WAhAr
~ltll
Haro!:r_
Ctavton ~
Mann
Mayorla y_l_E r
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ROLL CALL
Mecl S ndd OY eco e A \ye N ay Ab t 1 s a n Ab t sen
WilHam!: /..---
Wi!!bf!r v-
~ltn -~
lW:Dtt_ 1--
Cl~ton 1--
Mann ,__
_l'ia_,y_or _!a y_l_Er 1--
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• •
Hoved s
L I
ec onded
Wi 11 1 am ~
Ave Nav Absta fn
~ft •
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Absent
~
1----, -
5mitn v-.v ll~ t---
J..--"'" Clavton + 1--
1-
I
Hal)!l._
"lT,ayor _!_~y_lr.r v-
I I 1.----
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ROLL CALL
Moved s econded
Wi 11 iaml:---
Aye Nav Abstafn Absent
w .. h .. r
~it l':
Haro~-
Clavton
Mann
"11.iYor Ta ;r_1_9r
'1<. ...Jh w "-11 11 ,; 1 kA. d.<-J .wu-~ '
-{24-W. ~ j r0 :1-~s
(J 3 ;q--;g
/)U-t<.-<... 0 l~u 1 -~1t ~~ ,/")'~~ I-!Cf -7/
-~ J)vu; or;-~~ ~~/}'1-
-c:rfl:v>>'j"-X:~ ~LLv N <.V --r -·rcJt dW~ f,p J.-,~ 17"~
/ ~U--tAj~
1 -do -~t t? J /u u UU '-ti_t0
~~uut, Ct; . . -1.:f11'f' fu/__L;y, '7 J" _,uRLI. _//,%~
c-;o m v U u ~~ ;WYJd-?. '
1 gq q, s&lf -~ -tU
c2 J;fJ qa I --Cl:bt
6G1,001-
~o rj t:~Ui'>J_
-u<:JIJ
-nJUUI0~~5 ~~.~~8~
I .
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ROLL CALL
Moved Seconded
Willfaml;
Aye Nav Abstafn Absent
IJohor
Smltr.
Harn~
Clavton
Mann
Mayorlay l nr
~~ u c-(j_!-·tU <.:..-<VY >U0 ~ t:{_(_
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ROLL CALL
Moved s econded Aye Nav Abstain Absent
Wi 111ams
Ua
Sm1ti1
-~ ... ~~
Clavton
Mann
I lT.ayor T~y1o r
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ROLL CALL
Moved Seconded A ~ve Nay Abstafn Absent William!>
WPhPr
:>m1ti1
Hilro~
Clavton
Mann
Mayor ~:E r
·~ff-"~
{) -/(){) ~a~t
-,/"Jl.AilU
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ROLL CALL
Moved Second d e Ave Nay Abstafn Absent
Wi 111am!:
u .. hA~
:>mitr:
Harogr_
Clavton
Mann
ll,ayorla¥.:!.9 r
;l ~W~ .
-3d0 ~S S. ;{j_Q__· ~
_ y:J<_ c:b_LUZLl/1<. 'fP /,__~ ??) _ d _,UJt) J 2 G <-C-~'Ci<:XJ
-j 11-'1f' rJ'J t )J C .-e;,, ~ -G /T)OU ~)
-· ~ -'-'f pulwJd i<c w-f th' tiL'-'f j u. t-' ~
~1--:
~·~ ~ U-J~ ~v ~ if {!/)~~'xLo
~~rt_ -tJ -/cJCLU1 d' p acfJ {}/)1MJk. (!_,)1 C:U Le
'y)l/u lc.v ) (; a cfJ u;.e ,u:;/tVJ
~ 'u-M~~aJ~~
~ui.Ji ~ ~ ~ .»Jif'tft-!M-.1L} _)/)<-h ef-J u NL
...A"u ~u/'y
~L~ / t/, leu{)~ ~ ,vJ L <Jr~~ .
d-b ct ~J_ Hh T ~-~ ..u_)"cU
0 CA~ ~ ~ ~ o3 -1j u .J
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ROLL CALL
Hoved Second d e Aye
Wi 111ams Nay Abstafn Absent
w .. n.; ..
:>man
-H~ro~
Clavton
Mann
Mayorla'i'.EU
df-tl{) ~ ..:1PJfotu_,
-J~y£/uJL 0 {)3:A c:0 tfu._;tA <f-IX S~.J~
,.. u JLo ~ -;tiLUj-~Le.-<6 YW·fifuV:-~l~
~L~~ tw-.0~ fl_J ~
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ROLL CALL
Moved Sec d d on e Aye
I Wi l11am!>
~a~
Smltn
Haro~
Clavton
Mann
"'P."ayor T~y_1 E r
"/~tJ ~cA&~~
(__/").; 'l_A·} ~
41 tv cS'~ V)--tL/U Y/ Sltu-
<---7U V
Nay
f i'C 'to ~ ~;Z/n ClA~
1/JA ? uJ C;I(Vl ~ .
Abstain Absent
1-(1 t/ q ,£ -/ /VM0 l_tl -00 Q ~
-~?w a /. ~ ..v ac "-' ,rtw-1-
-,)-" 1M Kj-11
-j)} tJ '){ r l urru u /LR-<LU~d.J r jU-u 0--G_ le_
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ROLL CALL
Moved Seco d d n e Aye Nay Absta fn Absent
William!>
-~.~~ ....
Sm l tll
Haro~
Clayton
Mann l{ayor Ta y1c:r
0 'tUM!-~ .~LULJ
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ROLL CALL
Moved Seconded Ave Nav Absta 1n Absent
Wi 11 illm!;
WPhPr
::.mitl1
Harn!:!_
Clavton
Mann
Mavor Ta yJ:E r
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ROLL CALL
Moved Seco d d n e Aye Will illms Nav Absta fn Absent
w .. h;;
:>m1 r.
liarofi-
Clavton
Mann
Ta:Yor ay_1c !:J_
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ROLL CALL
Moved Seconded Ave
Wil l illm!:
Nay Abstain Absent
WPbPr
:;,m1t 11
Haro~
Clayton
Mann
lifayor Ta ;t~.E U
ol~ U)~ #/Jz ~
-CJ~ Lrri-a:-uJcfJ if 415-os~~
-~tu/JU ~,u o~<Ul ~ jtv ~ j_
() J tZ-<J.£ if v._,~l-
d F'-'-~ dfl~'-
--
/E 0 -J!J 0 60-<1 t JJfou >ki t/JJ a/~<..v
't ~f!kurlft;~A . _L/-fltf7 S ~V/tL /
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~h ) J
-/)u0. r /), ~~~/y T~4 L
---8-~ d£u . f 0/Q£:;
//'> rn 71-?.f' 1~ /UA'-Il ~t..L/U!a--u.;J r
0" 0 t:k& {jj;) 1 ~ --t~ /U-t t -1 ~
n u dt ad
7_(J_d fft1 dAJ ~ V '6~ U/1)_<> d c-v tzJ
_ --frO-~ fe ~ ~ //YI-il/1~ ~ ~~
Ci' ~./J-''>UAI--1....._
-0-rf_L~(., ~~~ /ZU4J /}ue.:t;;
~
-"' ~?U ~ UL.-.i.L A-L~ ·~~~
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ROLL CALL
Moved Seconded A 'l}'e N ay Ab 1 A sta n
Williams
WPbPr
:>mltl1
Haro~
Clayton
Mann
Mayor Ta y_l _9r
~IJ--o -c:Y3 U[) &_,i~ tJ~ a~
L 1W'll_f
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bsent
I .
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ROLL CALL
Moved Seconded Abstain Absent
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ROLL CALL
Moved Second d e Aye Nay Abstain Absent
Wi 111am!'
Wo>ho>r
Sm1tn
Harn!!r_
Clavton
Mann
"lT,ayorTaY!cr j_
!;.) ;_ c(9LLJ! Wt10 .
12/0 ~/Y>V'jq a o kJ Ct!VJ Lt
---a .4 <LR ..:J <V _) J titftu..--tu--/1..44-u Cl-o ru-L
,.. Of Clu a e ~ ~{_~ V'~ L.;e p ~
{{)J ~ c9c?1(
~-~qeD Stu a SIZ ~~c -
-------~f,;'-3 o--?J &-uu a?) ~·tU
'I ~ -
3 (Y s !c) '1"' ?L ~
~~
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ROLL CALL
Moved Seconded A \Ye Nav Abstain Absent
William!'
WPbPr
Smftn
Haro~
Clavton
Mann
Mayoriay1c:r
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ROLL CALL
Hoved Seconded
Willfams Ave Nay Abstafn Absent
w .. h; ..
:>m1t 11
Haro~
Clavton
Mann _i
-y,ayor Ta y_'~_E r 1
~ -f/uf-~~ fShC? ~~~
-&./. ~ ~ua-a ~~' _/.._ 1 ~
-C.O. u a. j.q dru ) ;'Jc. u. ~ -Q.A_-0 ~
/ /~ J -~-\)
457?-ru -J r--;.... t1. _ ~/_ ~ ~ :LU --Jfl cf (c(_ ~ _)
_ ~ hd 4znu ~~ ~ F ak7u-t ~
(1 tu trn -c2<JA-R-<UVJ) ~t: ;tu w C !~J!.e ?(_
j !eRd ;L/uL ~ Ak-/uu~ J-t ( !".
-io__ If.. ILnv 1v 4J~</ s ;J tL
-/) 7--0 ~ U_)
.-'-(U<-~V---.La_ A --zLi t[} u r;rz6
-/) ~-'-c.. ~ ~ ~-? j
f~n · ~ c/
•
)
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•
• -
ROLL CALL
Moved Second d e Ave Nav Abstain Absent
William!'
-~.~ .. h ....
Sm1t n
HarD!!!:_
Clayton
Mann
1-fayor Ta y~_Er
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ROLL CALL
Moved Seconded
Wfllfam$ ~e Nay Absta fn Absent A
...weber-
:>m n
Jiaroer_
Clayton
Mann
~ayor _ra y_1cr
I . .
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ROLL CALL
M eel S ndd ov eco ~ ~ve Nav sta n s~nt Willfam~ 1..---,__-Wo>ho>r ~
A Ab Ab
-s-mrrn {...--
Harott_ t.---v Clayton '-' t.---
Mann t.---
7.ayor Ta ,y_,_E r v-
4-=t:J) -----------------------------
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ORDINANCE NO .
SERIES OF 197 ~9 ------
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BY AUTH OR ITY
COU CIL BI LL NO . 23
INTRODUCE D BY
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE
IN PAVING DISTRICT NO . 23 IN THE CITY OF ENGLEWOOD, COLORADO;
APPROV I NG AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EA CH
LOT OR TRACT OF LAND IN SA I D DISTRICT; ASSE S SING A SHARE OF SAID
COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT ; PRESCRIBING
THE MANNER FOR COLLECTION AND PAYMENT OF SAID ASSESSMENTS.
WHEREAS, by Ordinance No . 23 , Series of 1976, finally pass ed
and adopted on June 7 , 1976 , the City Council has created Paving
District No . 23 within the City of Englewood for the purpose of
constructing and install ing street paving , curb , gutter , and side-
walk improvements , together with necessary incidentals , on West Dartmouth Avenue within the City; and
WHEREAS , the improvements authorized by said Ordinance have
been comp l eted and accepted by the City and the whole cost of su ch improvement s ha s been determln ed ; and
WHEREAS , an as s essment roll has been prepared an d a state -
men t showing the total cost of the improvements has been duly filed with the City Council; and
WHEREAS, from the statement made and filed with the City
Council, it appears that the whole cost of said improvements is
$312 ,401 .27. The amount to be paid by the Urban Systems Highway
Program is $224 ,880.86. The City will pay $2 8 ,8 6 9 .45 , leaving
$58 ,650.96 to be assessed against the real property in the Distr ict ,
said amount including costs of in spection, collection and other
incident a ls and also in c luding interest as al lowed by law; and
WHEREAS, from said statemen t it also appe ars that the City
Council has apportioned a share of the whole cost to each lot
or t ract of land in the District, in accordance with the benefits
to be derived by said property and in the proportions and amounts
severally set forth in Exhibit A attached to this Ordinance;
OW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , as follows:
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Se ction 1. Co nfirma tion of Assessment Roll.
That the whole co st and apportionment of the sane is
hereby approved and con firm e d, and said apportionment is h r eby
declared to be in accordance with the special benefits whi ch the
pro pe rty i n the District will rec eiv e by reason of the c o nst r u c -
tion of s aid improveme nts, and a share of said cost is h e r eby
assessed to and upon each lot or tract of land wit hin the Distr ict
in the proportions and amounts as set forth in the assess me nt roll, attached hereto as Exhibit A.
Section 2. Pay ment of Assessments.
That the assessments shall be due and payable at t he o f f1ce
of the Director of Fina nce of the City of Englewood, within h 1 rty
days a fter the final publication of this Ordinance , without demand;
provided that all suc h assessmen t s may, at the election of the
p rope rty owner, b e paid in ins tallments, with intere st as herein-
after provided. Failure to pay the whole asse ssment within said
period of thirty days shall be conclusively considered and held
an election on the part of a ll persons interested, whethe r und er
disabil i ty o r otherwi s e, t o p a y in said i nsta llments .
Such election shall be conclusively held a nd considered
as a waiver of any right to que s tion the power or jurisdiction
of the City of Engl e wood to con struct the improvements , t he
qu al ity of wo rk, the r egularity or suffic iency of the p r oceedings,
or the va lidity or the correctness of the assessment s, or the validity of the li en thereof .
In the event of s uch elec tio n t o pay in i n s t allments ,
the assessments shall be payab l e at the offic e of h e County
Treasur e r of Arapahoe County, Colorad o , i n ten (1 0 ) equal annual
in stallments of pr i ncipal, the first of which installments of
prin cipal shall b e due and pay abl e on o r b e fore the 1st day of
January , 1980 , and the remainder of said installments shall b e
due and payab l e successively on or b e fore the 1st day of January
in each year thereafter until paid in full, with i nterest on the
unpaid pr i ncipal amount at the rate of per annum,
c o mmencing on the date of publication of this Ordinance by title
following fi nal passage, and payabl e each year at the time of pa y -ing installmen ts of ass e ssments.
Sect ion 3. Penalty for Defaul t or Nonpayment.
Fa ilure to pay any installment, whether o f principal or
in terest, when due shall cause the wh ole of the unpaid principal
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to ecome due and payable immedia tely, and the whole amoun of
the un pai d principal and accrued inte rest shall thereafter draw
in t erest at the ra te of on e percent (1%) per month, or fraction
of a mon th, unt i l the date of tax sale , a s provided by l aw. A
an y time prior to the dat e of the tax sale, the own e r may pay
t he amount of all unpaid installments with inte r est at the rate
of one percent (1%) p e r mo nth, or fra ct ion of a month, and al l
penalties accrued and shall thereupon be r e stored to the ri g ht
thereafter to pay i n installments in the same manner as if
default had not been suffered . The owner of any p roperty not
in defaul t as t o any installment or payment may , a t any t ime,
pay the whole of the unpaid principal with accrued i nterest to
the date of the next assessme nt installment payme n t date .
Section 4 . Discount on Payment of Assessme nts .
Payments may b e made to the Director of Finance at an y
time within thirty days after the final publication of this
Ordinance and an allowance of five percent (5%) will be made on
all payments mad e dur ing s uch period , but not ther e after. The
discount of 5% shall apply to all such payments, whether the pay-
ment is t h e e nt i r e a mount of assessment due or a part of the
asses s men t. Imm e d iate l y after the e xpiration of such thirty-
day pe r iod, t he as sessment s shall be ce rtified to the County
Treas urer of Ara p ahoe Count y , Colorado, f o r collection , as pro -vided by law .
Sec t ion 5 . Asses s ment Lien .
All a s sessme nts levied aga1nst he real prope rty in
Paving Di s tric t No. 2 3, tog et he r with all in erest thereon and
penalties fo r d efault in paymen thereof, and all co sts in
collecting the same, shall const1tu te, from the date of the
final publication of this Ord 1nance , a perpetu al lien in the
several amounts assessed against each lot or tra ct o f land.
Such lien shall have pr i ority over all other liens except general
tax liens , and shall be enforced in accordance with the laws o f
the State of Colorado .
If any t ract of real prope rty included within Paving
District No. 23 is hereaft e r divided or subd ivided in to two or
more such tracts or parcels , the Director of Finance , with the
assistance of the Director of Public Works, is hereby a uthoriz ed
and directed to divide the assessment against such tract in the
same proportion that the tract itself is subdivided into two or
more such parcels, and to certify the revised assessments to the
County Trea su rer of Ar apahoe County , Colorado.
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Sec tion 6 . Seve rabi l ity .
That if any one or more s ections or parts of t h i s Ordinanc e
sha ll be adjudged unenforceable o r invalid, s u c h j ud g men t s h all not
af fec t , impair, or invalidate the r em ainin g provisions o f h is
Ordina n ce, it b e ing the intention that the v arious prov isions h e reof a r e severable.
Section 7. Repealer.
All ordinances, or parts thereof, in confli c t herewith are hereby repealed.
Sec tion 8. Hearing.
In accordance with the City Charter and the Municipal Co de
o f the City, the City Council shall hold a public hearing on this
Ordinance, before final passage, at 7 :00P.M. on Monday, May 14, 1979.
Section 9. Publication and Effective Date .
This Ordinance, after its final passage, shall be numbered
and recorded, and the adoption and publication shall be authent i -
cated by the signature of the Mayor and the Director of Finance,
ex officio City Clerk-Treasurer, and by the Certificate of Publica ion.
I ntroduced, read in full and passed on first r eading on
the 2nd day of April, 1979.
P u blishe d as a Bill for an Ord i nan ce o n the 11th day of Ap r i 1 , 19 7 9 .
Read by t i tle and pass e d on final reading on the ______ __ day of May , 1979.
Published by title as Ordinance No. ______ , Series o f
1979, on t h e day of May , 19 79.
At t e st: Mayor
ex officio City Clerk -Treasurer
I, William D. James, do hereby certify that the above and
f o regoing is a true, a cc urate and complete copy of the Ordinance
pa ssed on final read i n g and published by titl e a s Ordinance No. S e ries of 1979.
-4-ex officio City Clerk-Treasurer
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EXHIBIT A
Atta ch Copy of Assessment Roll for Paving District No. 23.
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It was thereupon moved by Council Member ___ ~----,----=----
and seconded b y Council Member that the fore -
g oing Bill for an Ordinance, read in full at this me e ting as afo r e-
said, be passed on first reading, and shall be c onsid ered for
second reading and final passage at a regula r meetin g of t he City
Council to be he ld on Monday, June 4, 1979.
The question being upon the adoption of the motion, the
roll was called with the following result :
Those voting YES:
Mayor -James L . Taylor
Mayor Pro Tern -Vernon M. Mann
Council Members:
David B. Clayton
Donald W. Harper
Donald Smith
Donald M. Weber
Donald Williams
Those voting NO:
members of the City Council having voted in
favor of said motion, the presiding officer thereupon declared
the motion carried and the ordinance passed on first reading.
Thereupon , Counc i 1 Member--,.-.,...,----==---.-~-~--=----;----,-,--
in troduced and moved the adoption of the following Resolution:
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RESOLUTION NO. ______ , SERIES OF 1979 .
A RESOLUTION AUTHORIZING THE NOTIFICATION OF PROPERTY 0\-INERS OF
AS SESSME NTS FOR PAVING DISTRICT 0. 23 AND ESTABLISHING A DATE
FOR A PUBLIC HEARING ON SAID ASSESSME TS .
WHEREAS, the street paving , cu r b , gutter and sidewal k
1mprovements in Pavin g District No. 23 in En g lewood, Colorado,
have been satisfactorily completed and have been accepted by
t he City of Englewood; and
WHEREAS, a statement s howing the whole co st of said improve-
ments and a proposed apportionment of the same against the
p roperty within the District has been fi led with the Dire ctor of Fina nce; and
WHEREAS, the City Council has con s idered the special benef its
accrui ng on each l o t or tract of land in the District by reason of
the making of the improvements and has determined that the ap por-
tionment of the ass e ssments for said improvemen ts, as s et fort h
in the assessment r oll , is in acco rdanc e with such benefi ts;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO , as follow s:
1 . That the Director of Finance is he r eby authorized and
direc ted to notify the owner s of th e property to be a ss essed for
said improveme nts by publication of this Re s olu tion in hree
consecutive weekly is sue s to th e Englewood Herald -S entinel, a
new s p a p er pub lished a nd of general ci r culation in the City of
Eng lewood , that s aid improvements have been comp l eted and accepted ,
that t he cost thereof has been apportioned acco rd ing to b ene fits .
That a hearing on the assessment roll a nd a hearing on the
Ordin ance levying the assessments will be held on Monday, May 14 ,
1979 , at the Municipal Building, at 7:00P.M ., prior to fi nal
passage o f the a s sessment ord ina nce. In addition, notice of the
time, date, and place of each hearing shall be mailed to each
prope rt y o wne r to be assessed, with the cost of improvement~ on
or about t he date of the first publicat ion o f this Resolution .
2. The whole cost of sa id improve men ts within Paving Distr ict
No. 23 is the amou nt of $312,401.27 , sa id amount including costs
of i nspection, collec tion, inciden t a ls and inte rest as provided b y
law . The Urban System s Highway Program will pay $224,880.86 t oward
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th total cos t; the City o f Englewood will pay $28,869 .4 5 , le ving
t he amount of $58,650.96 to be assessed agains t the property
specially benefited and included wi thin the Distric t. T he amount
to be assessed against each lot or tract of land is s et for h in
the ass e ssment roll filed with the City Council .
3. That any complaints or objec tions which may be made in
writing by the owners of land with in the Distri c t to the City
Counc i l and filed in the office of the Director of Finance on o r
before Thursday, Ma y 3, 1979, will be con sid ered and heard by he
City Council at the meeting of the City Council on Mo n day, Ma y 14,
1979. The City Council shall also hold a public hearing at the
same time on the Ordinance levying the assessments prior to the final passage thereof.
4. An y complaint or objection to the validity of he assess -me nt~ or the proceedings taken therefor, shall be deemed waived
unless presented in writing at the time and in the manner set forth above.
5. That if any one or more sections or parts of this
Resolution shall be adjudged unenforceable or invalid , such
judgment shall not affect, impair or invalidate the r emaining
prov isions of this Re s olution, it being the intention that the
va r ious provi sions hereof are severalbe .
ADOPTED AND APPROVED this 2nd day of April, 1979 .
Ma yo r
Attest:
ex offi cio City Clerk-Treasurer
I, William D. James, ex officio City Clerk-Trea surer of the
City of Enlgewood, State of Colorado, h ereby ce rtify tha t the
above is a true, accurate, and complete c opy of Resolution No. Series of 1979 .
ex officio City Clerk-Treasurer
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Thereupon Council Membe r
the motion . -------------------------s c onded
The question being upon the passage and a doption of the
Resolution , the roll was called with the foll o wing res ult :
Those voting YES :
Mayor -James L. Taylor
Mayor Pro Tern -Vernon M. Mann
Council Members:
David B. Clayton
Donald w. Harper
Donald Smith
Donald M. Weber
Donald Williams
Those voting NO:
The presiding officer thereupon declared tha t a majority of
these Council Members pre se nt at the meeting having voted in fa vor
thereof, the motion was carried and the Resolution duly pa ssed and adopted.
After considering other business to come before the Council , the meeting was thereupon ad journed.
Mayor
Attest:
ex officio City Clerk-Treasurer
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STAT E OF COLORADO
COUN TY OF ARAPAHOE ss.
CI TY OF ENGLEWOOD
I, William D. James, Director of Finance o f the City of
Englewood , Colorado, do hereby cert ify that the foregoing pag e s
numbered to , inclusive, constitute a true and
correct copy of a portion of the record of proceedings of the
City Council of the City of Englewood, Colorado, taken at a
regular meeting of the Council on Monday, April 2, 1979, ~nsofar
as said proceedings relate to the introduction and passage on
first reading of an ordinance levying assessments in Paving Dis-
trict No. 23 and a Resolution relating to the notice of hearing;
that the copy of each is a true and correct copy of the original
thereof as adopted at said meeting; and that the Resolution has
been signed by the Mayor and by me as Director of Finance, ex
officio City Clerk-Treas u r er, sealed with the corporate seal
of the City , and recorded in the official records of the City.
IN TEST I MONY WHEREOF, I have hereunto subsc ri bed my
name and affixe d the corporate seal of the City at Englewood,
Colorado, this day of , 1979.
( S E A L ) Director of Finance
ex officio City Clerk-Treasurer
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At t a c h Affidavit of Publi c at ion of Or dinance on Apri l 11, 197 9 Follow i n g F i rst Reading .
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Attach Aff~davit of Publication of Notice of Hearing on Assessmen ts
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BY AUTH ORITY
ORDI NANCE NO .
SERIES OF 197=9------
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COUNCIL BILL NO . 23
I TRODUCE D B
AN ORDI NANCE APPROVING THE WHOLE COST OF THE I~WROVEMENT S MADE
IN PAVING DISTRICT NO. 23 IN THE CITY OF ENGLEW OO D, COLORADO ;
APPROV ING AND CONFI RMIN G THE APPORTIONME T OF SAI D CO ST TO EACH
LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAI D
COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTR ICT; PRESCRIBING
THE MANNER FOR COLLECTION AND PAYMENT OF SAI D ASSESSME TS .
\~HEREAS , by Ordinance No . 23 , Series of 1976 , fin all y passed
and adopted on June 7 , 1976, the City Council has created Paving
Di stric t No. 23 within the City of Eng l e wood for the purpose of
constructing and installing street paving, curb , gutte r, and sid e -
walk improvements, together with necessary incidentals , on West
Da rtmouth Avenue within the City; and
WHEREAS , the improvements authorized by said Ord inance have
been completed and accepted by the City and the whole co s t of s uch
imp roveme nts ha s been determined; and
WHEREAS, an assessme nt roll ha s been prepared a n d a state-
ment showing the total cost of the improvements has been duly
filed with the City Council ; and
WHEREAS , from the statement made and filed with the City
Council, it appears that the whole cost of said improvements is
$312,401.27 . The amount t o be paid by the Urban Systems Hi g h way
Prog ram is $224,BBO.B6. The City will pay $28 ,869 .45, leaving
$5 8 ,650 .96 to be ass essed against the real p r operty i n the Distric t,
said a mount including costs of inspection, collect i o n and other
incidenta ls and also in cluding interest as al lowed by law; and
WHEREAS, from said statement it also app ea rs that the City
Council has appo rti oned a share of the whole cost to each lot
or trac t of land in the District , in acco r dance with the benefits
to be derived by said pr operty and in the propo rtions and amounts
s eve rally set forth in Exhibit A attached to this Ordinance;
NOW , THE REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD , COLORADO, as follows: I • •
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Se ction l. Confirmation of Asse ssment Roll.
That the whole cost an d appo rtionment of the s ame is
hereby app roved and con firmed, and said apportionmen t is he r eby
declared to be in acco rdance with the spec ial benefits wh ich the
property in the District will receive by reason of the construc-
tion of said improve ments, and a share of s&id cost is hereby
ass e ssed to and upon each lot or tract of land within the Distri ct
in the proportions and amounts as set forth in the assessment
roll, attached hereto as Exhibit A .
Section 2. Pay ment of Assessments.
That the assessments shall be due and payable at th e office
of the Di rector of Finance of the City of Englewood, within thirty
days after the final publication of this Ordinance, without d emand ;
prov id ed that all s uc h assessments may, at the election of the
proper t y owner, be paid in installments, with interest as herein-
after provide d. Failure to pay the whole assessment within said
period of thirty days shall be conclusively considered and held
an election on the part of all persons interested, whether under
disability o r otherwise, to pay in said installments.
Such election shall be con clusively held and considered
as a wai ve r of any r ight to question the power or jurisdiction
of the City of Englewood to construct the improvements, t h e
quality of work, the regular ity or sufficiency of the proceedin gs,
or the validity or the correctness o f the assessmen s, or the
validity of the lien thereof.
In the event of such election to pay in installments,
the ass e ssments s hall be payable at the office of the County
Treasurer of Arapahoe County, Co lorado, in ten (10) equal annual
installments of principal, the fir st of which installments of
principal shall be due and payabl e on or before the lst day of
January, 1980, and the remainder of said installments shall be
due and p ayable successively on or before the 1st day of Januar y
in each year thereafter until paid i n full, with inte rest on the
unpaid principal amount at the rate of per a nnum ,
commencing on the date of publication of this Ordinance by title
following final passage, and payable eac h yea r at the time of pay-
ing i nstallments of ass e ssme nts.
Section 3. P e nalty for Default or Nonpayment.
Failure to pay any installment , whether of princi pal or
interest, when due shall cause the wh ole of the unpaid principal
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to be come du e and payable imme diately, and t h e who le am o un t of
the un pai d principal and accrued interest s hall ther afte r d raw
in t erest at the rate of one percen (1%) pe r mon th, or f raction
of a mon th, until the date of tax sale, as provided by law. A
any time pr1or to the date of the tax sal e, the ow ne r may pay
the amount of all unpaid installments with intere st at the rate
o f one pe r cent (1%) per month, or fraction of a month, and all
penalties accrued and shall thereupon be restored to th e right
thereafter to pay in installments in the same manner as if
default had not been suffered . The owner of any prope rty not
in default as t o any installment or payme nt may, at any time,
pay the whole of t he unpaid principal with accrued interest to
the date of the next assessment installment payme n t date .
Section 4. Discoun t on Payment of Assessments.
Payments may be made to the Director of Finance at any
time within t hirty days after the final publication of this
Ordinance and an allowance of five percent (5%) will be made on
all payments made during such period, but not thereafter. The
discount of 5% shall apply to all such payments , whether the pay-
men t is the entire amount of a ss es s ment du e or a part of the
asses s ment. Immediately after the expiration of such thirty-
day period , the asse ssments shall be ce rtified to the County
Treasurer of Arapahoe Co unt y, Colorado, for co llection, as pro-
vided by law .
Section 5 . Ass e ssment Lien.
All ass e ssment s levie d against the real property in
Paving District No. 23, together with all interest thereon and
penalties for default in payment thereof , and a ll costs in
collecting the same, shall constitute, from the date of the
final p ublication of this Ord1nance, a perpetual lien in the
several amounts assessed against each lot or tract of land .
Such lien shall have priority ove r all other liens except general
tax liens , and shall be enforced in accordance with the laws of
the State of Colorado .
If any tract of real property included within Paving
District No. 23 is hereafter divided or subdivided into two or
more such tracts or parcels, the Director of Finance , with the
assi stance of the Director of Public Works, is hereby authorized
and directed to divide the assessment against such tract in the
same proportion that the tract itself is subdivided into two or
more such parcels , and to certify the revised a ssessments to the
Co unty Trea surer of Arapahoe County , Colorado.
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Section 6 . Severability.
That if any one or more sections or parts of this Ordinanc e
shall be adjudged unenforceable or invalid, such judgmen shall not
affect , impair, or invalidate the rema in ing provisions of his
Ordinance, it being the intention that the various provisions here of
are severable.
Section 7. Repealer.
All ordinances, or parts thereof, in conflict herewith are
hereby repealed.
Sec tion 8. Hearing.
In accordance with the City Charter and the Municipal Code
of the City, the City Council shall hold a public hearing on t h is
Ordinance, before final passage, at 7:00 P.M. on Monday, Ma y 14,
1979.
Section 9. Publication and Effective Date.
This Ordinance, after its final passage , shal l be numbered
and recorded, and the adoption and publication shall be authenti-
cated by the signature of the Mayor and the Director of Finance,
ex officio City Clerk-Treasurer, and by the Certificate of
Publication.
Introduced, read in full and passed on first reading on
the 2nd day of April, 1979.
Publishe d as a Bill for an Ordinance on the llth day of
April, 1979.
Read by title and passed on final reading on the ______ __
day of Ma y , 1979.
Published by title as Ordinance No . ______ , Series of
1979 , on the day of Ma y , 1979 .
Mayor
Attest:
ex off~c~o City Clerk Treasurer
I, William D. James, do hereby certify that the above and
foregoing is a true, accurat e and complete copy of the Ordinance
passed on final reading and published by title as Ordinance No .
Series of 1979.
-4-ex offic io City Clerk Treasurer
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EXH IBIT A
Attach Co py o f As se s sment Roll for Paving District No. 23 .
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It was thereupon moved by Co un c il Memb er
and seconded b y Council Member ---.,-t-;-h-a-:t-t.,..,-h-e----,f=-o-r_e __ _
g oin g Bill for an Ordinance, read in full at this meeting as a fore-
said, be passed on first reading, and shall be considered for
second reading and final passage at a regular meeting of the City
Counci l to be held on Monday, June 4, 1979 .
The question being upon the adoption of the motion, th e
roll was called with the followin g result:
Those voting YES:
Mayor -James L. Taylor
Mayor Pro Tern -Vernon M. Mann
Council Members:
David B. Clayton
Donald W. Harper
Donald Smith
Donald M. Weber
Donald Williams
Those voting NO:
members of the City Council having voted in
favor of said motion, the presiding officer there upon declared
the motion carried and the ordinance passed on first reading.
Thereupon, Council Member
introduced and moved the adopt i o=n---=o~f,---;:t-;:h:-:e:--f"Eo-::-;-l-,1:-:o::w-:Ti::n-::g:-;R"e=s-=o•l:-:u:-:t;:-~T· -=o-=n-=::-
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RESOLUTION NO. ______ , SERIES OF 1979.
A RESOLUT I ON AUTHORIZING THE NOTIFI CA TION OF PROPE RTY OWNERS OF
ASSESSMENTS FOR PAVING DISTRICT 0. 23 AND ESTAB LISHI NG A DATE
FOR A PUBLIC HEARING ON SAID ASSESSMENTS .
WHEREAS, the street paving, curb, gutter and sidewalk
improvements in Paving District No. 23 in En g lewood, Colorado,
have been satisfactorily completed and have been accepted by
the City of Englewood; and
WHEREAS, a statement showing t he whole c ost of said improve-
ments and a proposed apportionment of the same against the
p roperty within the District has been filed with the Direc tor of
Finance; and
WHEREA S , the City Council has considered the special benefits
acc ruing on each lot or tract of land in the Distri ct by reason of
the making of the improvements and has determined that the appor-
tionment of the assessments for said improvements, as set forth
in the assessment roll, is in accordance with such benefi t s;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as follows:
1 . That the Director of Finance is hereby authorized and
directed to notify the owners of th e property to be assessed for
said improvements by publication of this Resolution in three
consecutive weekly issues to the Englewood Herald-Sentinel, a
newspaper published and of general circulat ion in the City of
Englewood , that said improvements have been completed and accepted ,
that the cost thereof has been appor tioned according to b e n e fits.
That a hearing on the assessmen ro ll and a hearing on the
Ordinance levying the assessments w ill be held on Monday, May 14,
1979 , at the Municipal Building, a 7:00 P.M., prior to fi nal
passage of t he assessment ord inance . In addition, notice of the
time, date, and place of each hearing shall be mailed to each
prope rty owner to b e assessed, with the cost of improvements, on
or about the date of the first publication o f this Resolution.
2. The whol e cost of said improvements within Paving District
No. 23 is the amount of $312,4 01 .27, said amount including costs
o f i ns pection, collection , incidentals and inte rest as provided by
law . The Urban Systems Highway Program will pay $224 ,880 .86 toward
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the total cos ; C~~y of Englewood will ay $28,869 .45, le ving
the amount o $58,650. to be assessed against the property
specially bene i d an ~nc u ed ith~n the District. The amount
to b asse ssed agains each lot or tract of land is set for th in
the assessmen t roll f~led w~ h the City Council.
3. Tha any complaints or objec t ions which may be made in
writing by the owners of land within the Dis trict to the City
Council and fil ed in the office of the Dire ctor of Finance o n or
before T hursday, Ma y 3, 197 9, will be considered and h ea rd by the
City council at the meeting of the City Council on Monday, May 14,
1979 . The Ci ty Counc il shall al so hold a pu blic he ar ing at the
same time on the Ordinance levying the as s e ssments p ri o r to the
final passage th ereof .
4 . An y c omp l ai nt or objection to the va lidity of the assess-
me nt~ or the proceeding s taken t he refor, shall b e de emed waived
unless prese n ted in writing at t he time and i n the manner set
forth above .
5 . That if any one or more sections or parts of this
Resolution shall be adjudged unenforceable or invalid, such
judgment shall not affect , i mpair o r invalidate the r emaining
provi sions of this Resolution, it being the intention that the
various prov isions hereof are s eve ralbe.
ADOPTED AND APPROVED this 2nd day of Apri l, 1979.
Ma yor
Atte st:
ex offic io City Clerk -Treasurer
I, Wil liam D. James, ex officio City Clerk-Treasurer of the
City of Enlgewood, State o f Colorado , hereb y ce rtify that the
above is a true, accurate, a nd comp l ete copy o f Resolution No.
Series of 1979.
ex off~c~o C~ty Clerk Treasurer
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Thereupon Council Membe r se c onded
the mot1on. -------------------------
The question being upon the passage and adoption of the
Resolution , the roll was called with the following result:
Those voting YES:
Mayor -James L. Taylor
Mayor Pro Tern -Ve rnon M. Mann
Council Members:
David B. Clayton
Donald W. Harper
Donald Smith
Donald M. Weber
Donald Williams
'fhose voting NO:
The presiding officer thereupon declared that a majority of
thoseCouncil Members present at the meeting having voted in favor
thereof, the motion was carried and the Resolution duly passed
and adopted.
After considering other business to come before the Council,
the meeting was thereupon adjourned.
Mayor
Attest:
ex officio City Clerk -Treasurer
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STATE OF COLORADO
COUNTY OF ARAPAHOE ss.
CITY OF ENGLEWOOD
I, Wil liam D. James, Director of Finance of t he City of
Englewood, Colorado, do hereby certify that the foregoing pages
numbered to , inclusive, constitute a true and
correct copy of a portion of the record of proceedings of the
City Council of the City of E ng lewood, Colorad o , taken a t a
regular meeting of the Council on Monday, April 2, 1979, in sof ar
as said proceedings relate to the introduction and passage on
first reading of an ordinance levying assessments in Paving Dis-
trict No. 23 and a Resolution relating to the notice of hearing;
that the copy of each is a true and correct copy of the original
thereof a s adopted at said meeting; and that the Resolution has
been signed by the Ma yor and by me as Direc tor of Finance, ex
officio Ci t y Clerk-Treasurer, se aled with the corporate seal
of the City, and recorded in the official record s o f the City.
IN TESTIMONY WHEREOF, I have hereunto subs cribed my
name and affixed the co rporate seal of the Ci ty at Englewood ,
Co lorado, this day of , 1979.
Director of Finance
( S E A L ) ex officio City Clerk-Treasurer
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Attach Affidavit of Publicat i on of Ordinance on Ap r il 11 , 1 97 9
Following First Reading .
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Attach Affidavit of Publicat ion of Notice of He ar ing on Assessmen ts
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I ANN L . SMITH , protest the assessment of S386.41 against
2954 So uth Galapago , my resedince , f o r paving district #25
because :
1. I am a senior citizen.
2 . Have a sma ll fixed income.
3 . I am in ill health .
4 . I do not o wn or drive an automobile and der•ve no
benefit fr om 6 00 west Bates Avanue except the pr ivilege of
li ving in this city and particular paving district .
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City of Englewood
3400 S. Elati St
Eng lewood CO 80110
ATT N: William D. James
Director of Finance
Dear Mr . James:
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RE CEI VE D
l ~lay 1979
DE PT. Oi-F,rl,;N.;_
[~GL E WJOJ Re: Pavi ng District No. 25
Assessment
I protest the assess ment of $432.7 8 on 2926 S. Galapago Street for the following reasons:
a. I derive absolutely no benefit from this paving district except that I dr ive down West Bates Avenue.
b. I live in the 700 block of We st Bates Avenue. Yet I am paying for the i mprov eme nts of 600 W. Bates Avenue.
c. 14hy did you stop on the East side of Galapago? Why isn't General Iron l~r k s being assessed for their share of the East Side of Galapago?
d. The entire We st side of the 2900 block of So uth Galapago is a full length
parking lot for General Iron Works' emp loy ee's parking , yet General Iro n Works
is not being assessed for that or for the East side of 2900 Block of S. Galapago,
although they use it much more than I do. It's the heavy trucks and employee's
automobiles who use, tear up, and break down the street, etc, on the entire 2900
block of South Galapago. General Iron Works should pay their share of the assess-ment of the East Side of S. Galapago Street, also.
e. I'm paying $438.78 for the privilege of living in Englewood and having a
mud hole in front of my place -which incidentally the City has graded and regraded
to make a slope in front of my house to have the water drain into the catch basin.
Water almost has to run up hill to go into the catch basin. Another incidental,
t he City da maged my stop bo x for 1~ater , ripping off the top and a por tion of the
pipe going to the feeder line on my property to my faucet causing the water to
freeze at the stop box this February 3. It is now buried in sa nd and gravel so nicely ac co mp lished by the "City."
f. In your letter of January 13, 197 8 , with the public notice for Paving District
#25 inclosed, I refer to paragraph 5c (Public Notice) "The probable total cost of
the i mprovements ... is $1,050,100". What was the actual cost upon completion? How much was it underestimated?
g . Paragraph 5d "The probable amount ..•. the city ... is approximately $203,400.
How much did the city actually pay? Isn't that tax payer's money also? So actually-
t he tax payers are picking up the entire tab, one way or the other .
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h. Hhen I received my notice of public hearing sometime in January 1978 I
did not appear in person because I called the Engineering Staff, ext 220, asked
them about it and they said I wasn't involved. I suppose I should have also
asked how much my "noninvolvement" would cost? I'll remember to do so the next time any taxation is mentioned.
i. As far as your "Concrete Surface Spalling" is concerned, I don't have
any side walks in front of my home (just a mud hole). Why didn't the contractors
do their job right and where was the City Inspection Team?
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Very truly yours,
~4-u-f -,-»c_"
Audrey L. /scott
2926 S. Galapago St
Englewood CO 80110
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The
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Englewood Plan
a summary
us. 285
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April , 1979
Ci ty of EnQtew ood
Generali zed Land Uu Legend
-1 Centra l Bustnns Oi•tnct
2 Commerctol Comdots
iWA o. ~~~~:a~~pport/tom mtrtt o l W/ld b ~iud Un
Commercto Vtndustrio l S c . Commerctol Act i ~i ty Center
wm d . Miud Ult Com merCt OI·
w.D Recreot ionoi/Residtntio l wa e. Commerc ial 6 Mtud Use
Commtrcioi/Ruidtnt iol
D 3 . Industri al ArtOI
4 . Rnidtntiol
o. Low Density Ruidentiol
b . Low Density Reaidtntlol
Incentive Area
c . Med ium Density Residenti al
d. H i Qh Density Res i dent ial
e M i K.td Use Districts I
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TilE ENGLEWOOD PLAN
MASTER STREET PLAN
--Arterial
--CollectOf
••••••• Pedntrion
8 Butwoy
Parks (Continued from pre ceding page!
The parks and recreation program began in the late 1940'>
with a single park and the Old Timer's baseball pro gr am . Parks
expa nsion received a big boost in 1964 when voters approved
the sak of the city's largest park fo r S I million . With these
funds, the park s department was able to purchase pl ots of land
for neighbo rhood park$ in many parts o f the city.
Altho ugh dc:vel o pmcnt of new pa rks h as contin ued, there:
remains a lack o f o pen space and green areas throughout much
o f the city , especially in older re sidential areas. The number of
re c reat io nal services is still hel o w national standards fo r
Englewood's population .
The five parks and recreat ion goals are:
o Expanding existing parks and purchasing land for parks
and o pen space in areas not now servcd t
o Redevelo ping the South Pl atte River corridor in co o pera-
ti o n with other communities to improve its appearance and to
provide n ew arras fo r recreation ;
o Developing all waterways within the city so they become
distinguishing features;
• Ex panding recreational sc:rviccs by constructing a com·
munity building for social , c ultural and arts programs; a
swimm in g pool in no rth Englewood , an indo or ice skating
r in k, additional tennis, handball and basketball courts, baseball
d ia monds and other sports fa cilities throughout the ci t y:
o ,j""'fporating "quiet areas" and bicycle and pedestrian
pa th s for recreational and !l!l~se into existing p ark s,
new parks a nd landscaped dra inageways.
To implement these goals, the city sh o uld a llo_c~te funds to
a{·quire lan d for new parks and n!creauo nal facJIItiCS m south-
east Englewood and o ther a reas no t presently served . The
fund s cou ld also ex pand facilities in existing parks. The city
sh o uld provide a community center to serve those age groups
not acco mmo da ted at the Elsie Ma ley Centennial Center.
The comprehensive zo ning ordinance should be a mended to
require open space and la n dsca ping in new private and public
develop m e nts. Ano ther source of parks could be obtained by
reserving waterway easements, vaca t ing litth~~used Strt!Cts and
preventing f urther encroachment into designated noodways.
The ci t y's identity depe nds muc h on the sense of com-
munity p rid e: which comes from its parks and recreational
fJnh ties. Englewood nee ds a cont inu ing program of park s
c:xp a nsau n a nd imp ro vement if the ci ty is to attract nrw
fJm1hc:s a nd to )atisfy the growing needs o f its present ci t ize ns.
Street chan ges proposed
So uth San t a F e Drive and U.S . 28 5 sho uld be re b uilt to
alleviate m ajor congest ion in En glewood . The pro bl em exis ts
be ca use Broad way and Santa Fe a re the m ajor no rth-so uth
corri dors between downto wn D e nve r and the sou t hern me tro-
politar · a rea . U.S . 285 is the m ajor traffic carrier between
S ixth Aven ue a nd Co unty Line R o ad . Because U.S . 28 5 inter-
sects with bot h Broadway and Sa nta Fe in downto wn Engle -
wood , the mix o f local and thro ugh traffic is both frustrating
and unsa fe.
These corridors should n o t be eliminated , beca use they
make Englewood a regional activity center. Solutions must
fo c us on coordinating through traffic , access traffic and in-
ternal circulation within d o wnto wn . At the same time , high
\'Olumcs o f traff ic co ntri b ute t o pollutio n and energy con-
sumptio n , so alte r na tive fo rms of transpo rtatio n are also
endo r sed .
The f 1\'C transportation go a ls are :
o,Jmproving the thro!ti)1 traffic capacity of U.S . 285
between So uth Hro adway and ~ out!l' Santa Fe Drive-by
co nstruc ting a o ne-way couplet. The present hi ghway wo uld
carry. ~e s t bound traffic and West Ithaca Avenue would carry
eastbo und tra ffic ;
o Suppo rt ing the pro p os<;9 six-lane improvement-<>~
Santa F~ betw~en West Florida and We st Bowles Avenues,
including exclusive lanes fo r h igh-occupancy vehicles, a mass
tra~ortation corridor !!.nsl-interchanges a} ~es\ ~a.:UIIQuth
Aven)l!,·:u:s.-28S,.~1 Qu incy and Belleview-AvCJI!IP :
• Encouraging the use of alternatives to the automobile ;
• Encouraging high-density residential develo pment within
and cl ose t o downto wn so peo ple can 1ive close to their jo bs ;
o Improvi ng the enviro nmental quality of Englewood.
T o implement these goa ls, the ci t y should work with the
Denve r Regi o nal Co unci l o f Governments and the S~-
way Departmen t to get approval for a o ne-way couplet on
~S aiid ffi"1m~ro ve So ut h Santa Fe Drive .
The ci t y >h o ul d support in creased b us service to residential
areas and an RTD transit ce nter d o wntown . Wa lkways and
bikeways sho ul d be part of future transportat ion plans and as
well as a ci t y pl a n to reduc~ ai r po llutio n .
-DRA INAGE 8 WATERWAY PATTERNS
----NECESSARY CONNECTORS
• LARGE PARK AREAS
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City of Englewood
S I\I TH , ClA 'riU Ji>
J T TEN
~IO U S G ~LA e A uO
f r.GLE •Uu , ~C L C
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1•00 5 Et at• SHetll
EngJ ewooo Color aao 80110
Phone C30:J } 76 1·1140
Ap ri l 13 , 1 97 9
TO : Property Own ers in En gJcwood Pa viny Dis tr ict No. 25 :
The as s e s sm e nt r ol l f o r P~v j ng Distr ict No . 25 in En0 lewood ,
as comple tPd in 19 78, is n o w on fi! 1~ the o f fice of t h e
Director o f J·'ina n ce , 3 4 0 0 Sou th Llati St., En yle\vood , Co l o r ado .
Ac cordi ng t o the rt sscr:.smcnt rol l, the .:.moun t a !";sess ed aq.J.i n s t
the fo llowi ng-dcscrlbed pr0 p e r ty , which yo u are list~.:d as
o wn in g ,
Lots 1-3 , Block 23 , J a ck s on s Bdwy fi t s.
is 2,300 .1 5 fo r stree t im p r oveme nts i n the ~ block of
____ W~e~s~t~O~x~f~o~r~d~A~v~e~n~u~e ______ a n d _______ bloc k o f
PLEASE P LACE THE A!lOVE LE GAL DESCRIPTION ON OR IVITH ALL PhYME NTS .
A publ i c hea r i n g o n the as sessments a g ainst t h e p roper ty con -
c e r ned i n the Dis trict \v ill be h e l d on :1o~y , ~~ 14 , 1 ~7 9, at
7:30 o 'c lock p .m.,or such l a t er t ime as counCT! i s~L o hea r
it in its n o r ma l cour se , in t he Ern ie Anderson Room Police/Fi re
Center, 3 615 Sou th Elati S tree t . (S ee d e tail s legal l y adver t ised
in th e E n glewood ~Senti n e l on J\pri l 11, 18 , a n d 25 , 197 9.)
.Wri~ten pro t e s ts will be r cce1 ved up to Ma y 3, 197 9 in t he off i c e
o f the Director of Fin a nce a nd c onsid0 e d a t he Hay 1 4 nee t i ng .
Jf a n y por tion o f the asse ssmen t i s pa1d prior to J uly 23 , 1 9 79 .
a f ive percen t (S t) d iscount o n that por~1on Wl l l be allo wed .
Any pa rt of Lhe a s sessment not pa1d b y t ha t d a t e will be certified
to t he Arapur.oe Cou~ y Trea surer o r co llec ion by his o f f1ce
during the ncxl t en {10 ) yc~rs in ann~a l princ ipal pay rn~n ts ,
t>lus five and o::a-nal! perccn (5 1/21.} intere st o n the un patd
b ala nc e . Such 1--.:tymen t s 'Ntl l !:>·~due on January l, lJBO for t he
f1 r st ye .J r, and .l •. ti.uary lst o f thr-s •. h .. cP~ding yPa rs. Th e 1980
J..>aymen t wil l n (J inc l .~ 1ntercs , i'l thou.;u h .t.J r c yea rs ' payment
will.
For informa t l.J!i on yuur .. .;l.c;s r-.c-n t, t-l 1. !=:e co~t a c t he Depar tme n t
of I:n:Jincc r in_ Srr•·•c-e~. t ~lephl)nc 711-11 4 0 , Cx t e n sJnn 500 .
Sincerely ,
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h'ill i ~ ,1 il m,..s.
D~r ec tor of P in~rc~
bjs
!Jo t r•: Loca 1or o f heur1n .1 hl.-:> ht·t.n ,·hnnlJ ·(] "l t ~:l! r.rni r Ande r son
Room , prj J lct>/f i r e..:\; l cr , 61~ fo;.; h 1-:la ti SL rcct due o
r e mo d.el inq ilt the t-1 .Jn icJp<Jl nutldlr J.
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lntroducllon
One eource ot lunda lor tile ,.lionel highway
cor.truction program ill the Federal U.. Tax
on Highway Motor Vehk:lea. The tax ia I~
on the ... of any public hlghway by certain
trucu, truck-tractors, and ~-The tax pe-
riod begins July 1 and enda the following June
30. The tax Ia due from the !**"' In w"'-e
name the truck, truck-tractor, or bul 11 r._
tered or required to be regilltered.
TNt publication explaona which trucu, truck-
trectcn, and ~ are aubject to the tax and
lelia how to determine and ~y the actual tax
due.
Truc:ka end Truck· Trec:tors
A lruclr 11 a motoriZed vehicle that ordinerHy
carrtee cargo or opeclal equipment on t he -
chulla on which the motor Ia located.
A lruclr..fnlctor -.ally doee not tran.port
cargo on the ume chulla to which the motor
ill mounted, but ill uaed primarily to pull at,...,
or ..,ltraller.
T...._ Only certain trucu and truck-lrlletcn
areaubject to the tax. II a truck or truck-tractor
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doea not ,_ ell oltlle following lour teeta It II
not IUbject to tile tax. To be taxed It mUll be:
1) A llighway motor vehicle;
2) Required to be regietered lor highway ....
3) Aclually .-.1 at 1eut once on a· public
nognway; and
4) Witllon one ol the tax-categories, u
to type and weight , lilted on the achedulee at
the end of thil publication.
,..,_,_.......,..,A llighway motor-
hk:le Ia any vehicle thalia both:
1) Propelled by 111 own motor, whether auch
motor ill powered by ~. dleael fuel , ape-
clel motor fuele , electricity, or otherwille; and
2) Oeaigned to perform a function o1 tr.,.
porting a load over public highways (whether or
not aillo dellgned to perform other functlona).
A vehicle cona11ta of a chuoll, or a chaalle
and body, but doN not Include the load of a
vehicle . In determining whether a vehicle Ia a
highway vehicle, It II Immaterial that the vehicle
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is designed to perform a highway transporta-
tion function for only a particular type of load,
such as passengers , furnishings , and persona l
effects (as in a house, office, or utility trailer) or
a special type of cargo, goods, supplies, or ma -
terials . It is also immaterial if machines or
equipment are specially designed (and perma-
nently mounted) to perform some off-highway
task unrelated to highway transportation, ex-
cept to the extent d iscu!llled later under Veh i-
cles not considered highway vehicles.
Vehicles which are designed to perform a
function of transporting a load over public high-
ways include buses, highway-type trucks,
truck-tractors , tra Uers, and sem i-trailers .
Although trailers and sem i-trailers are not
highway motor vehicles which give rise to the
tax , trailers and sem i-traUers customarily used
in combination with highway trucks or truck-
tractors are taken into account in det.,.,.ng
the taxable gross weight of the highway motor
vehicles which is the base of the tax .
llehlcln not conalder.d lllflllw., Mllcln.
Generally, there are three types of veh1cles that
are not considered hi ghway vehicles.
1) Specially designed mobile machinery for
non-transportatiOn funct1ons . A self-propelled
vehicle , or trailer , or sem i-traUer 15 not a high-
way vehtc~ if-
a) The veh1cle COOSists of a chassis to which
there is permanently mounted (by welding,
bolt1ng . nvetmg , or other means) mact-unery or
equipment used to perform certa1n operations
(construction . manufactunng, dnll1ng , mimng ,
t1mbenng , processing , farm1ng , or operat1ons
si milar to any of these), 1f the operat1ons of the
machmery or &qutpment are unrelated to trans--
portation on or off the publiC highways,
b) The chassis has been specially designed to
serve only as a mobile carriage and mount for
the particular machinery or equipment . whether
or not the mac hinery or equipment Is In opera-
tion ; and
c) Due to the special design , the chassis could
not ba Used as part of a vehicle designed to
transport any other load without substantial
structural modification;
2) Vehicles specially designed for off-high-
way transportation . A self-propelled vehicle, or
trailer, or semi-trailer is not a highway vehicle
if-
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a) The vehicle is specially designed for the prl-.
mary function of transporting a particular type
of load other than over the public h1ghway in
connection with certain operattons (construc-
tion , manufacturing , mining , processing , farm-
Ing, drilling, timbering , or operations Similar to
any of these); and
b) Because of the special design , Its use to
transport over public highways is substantially
limited or impaired.
For this purpose, account may be taken of
whether the venicle may travel at regular high-
way speeds, requires a special permit for high-
way use , Is overweight , overheight , or
overwid1h for highway use .
For purpose of (2), when there Is affixed to a
vehicle, equipment used for loading, unloading ,
storing, vending, handling, or otherwise caring
for a load transported by the vehicle o·•er pub-
lic highways, the functions are related to the
transportation of a load over public highways,
even though such functions may be performed
off public highways.
3) Trailers and semi -trailers specially de-
signed to perlorm non-transportation functions
off the public highways. A trailer or sem1-trailer
IS not a highway veh1cle 1f it IS specially de-
signed to serve no purpose other than provid-
tng an enclosed stationary shelter for
conducting a functiOn at the off-h~ghway srte of
an operation (constructiOn , manufacturing ,
mining , processing . farm1ng , dnlling , tim benng ,
or operatk>ns similar to any of these) For ex -
ample, a tra1ler specially d8Signed to ba used
as an office at a constructton site is not a htgh-
way vehiCle
lferll-lf8hlcle. The vehicle must be ei-
ther actually reg istered or requ ired to be reg,,_
tered under the la w of any State or the District
of Columbia . Whether a truck or truck-tractor is
required to be registered is governed by the
law of the State in wh ich It is located or oper-
ated.
Hlghw•y UH. The truck or truck-tractor
must actually be used •I ,._,.,.,.on a public
highway and powered by its own motor. It is
immaterial how much or how little the vehicle Is
uaed during the tax period once ~ Is actually
put In UM. If the vehicle is of the highway type
and ordinarily would operate on the public
highway, but did not use the public highways at
any time during a particular tax period , then no
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tax liability would be incurred tor that tax pe-
riod.
The occasional operation of highway type
trucks by an educational organization on public
roads in connection with a student training pre>-
gram is a taxable u..
A public,.,..,., includes any road (Federal
or State highway, c ity street, or otherwise) In
the United States that is not a private roadway.
For example , the use of an otherwise taxable
water truck by a highway construction contrac·
tor in building a new freeway on land wh ich has
not been used as a public highway is not a
taxable use of this vehicle. However, If the wa-
ter truck is moved by its own motor over any
public highway, such as from one construction
site to another, it is a taxable use of the vehicle.
The distinction between this water truck and
motor vehicles su c h as farm tractors and bull-
dozers is that this truck is of the highway type
whereas the other vehicles are not.
An otherwise taxable truck or truck-tractor
can be driven over a public highway and not be
subject to the tax . If the vehicle Is operated
merely to transport it from one point to another
In the chain of delivery from prOducer to con-
eumer (aa ln drlveaway or towaway aervica) It Ia
not taxable wh ile baing ao operated. Alao, the
vehicle Ia not aubject to thla tax If It Ia operated
merely for damonatratlon purpoaaa by a daaJar
or dlatrlbutor of n.w or aacond-hand highway
motor vallicleo , or by a truck operator under
actual work condlt lona u part ol the daaler'a
demonatration program.
T....,. ......,.,. The truck or truck-tractor
muat ba of 1 certain typa and weight to ba tax-
able. See the achadulea at the end of thla pub-
lication.
If a vehicle meeta the IIIII, dlacuaaecl aartler,
and meeta the daacrtptlon of 1 taxable truck or
truck-tractor, than It Ia subject to the uae tax.
' Once a vehicle Ia put Into taxable uae In a tax
periOd , Ita taxable category will remain the
earn. evan though the vehicle Ia subalquantty
altered durt ng the periOd . However, In subae-
quant tax perlode, the vehicle will be c'--d In
the taxable category within which It lalla when
flrat put In uae In the periOd .
A leuble lrucll or lrucll-trector Ia daacrtbed u
follows:
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1) A single-unit truck, whether it has 2 or 3
axles, it its actual unloaded weight is 13,000
pounds or more ;
2) A single-un~ truck. with 4 or more axles,
regardless of its weight;
3) A 2-axled truck-tractor if its actual un-
loaded weight is 5,500 pounds or more;
4) A truck-tractor w~h 3, 4, or more axles.
regardless ol its weight ;
5) A combination-type truck with 2 axles if
its actual unloaded weight is 9,000 pounds or
more; or
6) A combinat ion-type truck with 3, 4 , or
more axles.
For the amount of tax, see the schedules at
the end of this publication.
A elnflle unlflrucll ls a 2, 3, 4, or more axled
truck which operates without pulling a semi-
trailer or any other type of trailer. (See Excep-
tions).
A two-ax led h#(/lrw., PM~ ottlcellua used to
transport mail to small towns is a single-unit
truck for purpoaes of the highway uee tax .
A comblnallon-typa truck Ia a truck
equipped with a pintle hook or other m.cha-
nlam which can be used to pull a trailer. (See
Exceptlona).
A two-axled truck equipped wtth a flat bed
body and a apeclal hitch mechanlam uaec1 to
tow mobile harM~ and tran.port matertale uaed
In connection with their aaleo and aervica, Ia
con81ciered a truck-trailer combination subject
to the tax , II Ita actual unloaded weight Ia 9 ,000
pounda or more.
Any modified truck equipped with a hitch
m.chanlam uaed lor towing mobile hornee Ia
conaidered a truck-tractor subject to the tax , If
the actual unloaded weight of the tractor Ia at
laut MOO pounda.
Dump trucka equipped to tow pup ,...,.,.. or
almllar trallera are conalderad combination-
type trucka.
laoapllona.
A truck equipped wtth a pintle hook or lllmllar
c oupling davica auHable only for towing one-
axled trallarl wtth a groaa vehicle weight of -
than 8,000 poundl Ia conaldared a alngle unit
truck.
A truck equipped wtth a pintle hook or limller
coupling device suitable lor towing a trailer
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with two o r more axles. or a one-axled tra iler
with a gross vehicle weight of 6 ,000 pounds or
more is cons1dered a truck-trailer combination .
Note: Every truck-tractor JS a combination-
type unit.
A truck equipped for use with combination-
type trailers falls within the combination cate-
gory even though it is operated without a trailer
at the time tl is first used on a public highway in
the t"" year.
The word ••le as used here is not restric ted
to the driving axles of the vehicle . It incl udes all
axles t hat are parts of the vehicle . In other
words, the number of axles may be determined
from the number of wheels seen when viewing
the power unrt from the side .
Body. In general, a body is considered to be
the bed, box . c ab. or other device attached to
a motor vehicle for carrying the driver, passen-
ger , or cargo. However, it is not necessary that
the bed. box , or other device be designed and
adapted pnmarily for that purpose . For exam-
ple, the dump body mounted on a t ruck c hassis
os conSidered a part o f the body.
TM IJCiu.l un-. -.lflht of a highway
motor veh1cle means the empty (or ta re )
weogh t , of the vehocle fully ecuopped for service
It oncl udes the weoght of the vehocle otself , the
weoght of the body (oncl udong any insulatoon). all
accessones, all equipment attached to or car-
ned on the vehtc le for use tn 1ts operation or
ma1ntenance, and a fu ll supply of lubncants,
fuel. and water It also oncl udes the weoght of a
platform welded to the ChasSis of a tank truck
to accommodate dispenSing ecUipment
The actual unloaded weoght does not onclude
the w e1g ht of the dnver or of any eQUipment
mounted on or attached to the truck or truck-
tractor wh1ch IS not part o f the body and wh tch
performs no funct1on 1n the operation or main-
tenance of the vehocle , but os used only to load ,
unload, protect or preserve the cargo
Thus, refngeratton ho ldover plates, other
types o f refngera to on ecuopment onstalled solely
to prov1de refngerat1on in tranSit , and dollies
and pads used on movo ng household gOOds wo ll
not be taken 1nto account 1n computing the ac-
tual wniOaded weoght o f the vehocle
The """9hl of ny specoal equtpment alfil<ed
to the """icle for -at particular work llltee ,
IUCh • on C0081ructoon )Obi, on Ott held opera-
tbw. or -.ere <• for .._.,, 811' COII>-
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pressors and truck c ranes) is not counted as ·
part of the actual unloaded weight.
The weight o f a locking frame mounted per-
manently and used to support and secure a
contamer-van body to a truck c hassis IS In -
cl uded i n determini ng the actual unloaded
weight of the veh icle . However, the we 1ght of a
hydraulic lifter that neither supports nor se-
cures the container-van body to the chassis
and the weight of retractable or portable legs
that support the body while dismounted are not
included in the actual unloaded weight of the
vehicle.
The weoght o f a boom-type load ing and un -
load ing device 15 not included in the actual un-
loaded weoght of the vehocle . However, if the
device is mounted o n separate c hannel stnng-
ers, the weight of the c hannel stringers 15 In-
cluded in the actual unloaded weight of the
veh1cle See also A to w truck, discussed later in
this publicat ion
The weoght o f the trailer pulled by a mo tor
veh1cle IS not included in the actual unloaded
wetght of the motor vehicle .
The weoght of a truck o r truck-tractor may be
determtned on any scales convenient to the
taxpayer.
The weight of an automobile CMrler --
ramp mounted over the cab of a truck-tractor
must be included m computing the actual un-
loaded weight o f the vehicle.
A vehtcle having a three-axled truck chaSSis
w ith a conventional truck cab, equipped with
an automobile c arrier body designed to carry
two automoboles over a nd one behind the ca b
and a fifth wheel attachment. and w ith an ac-
tual unloaded weoght o f between 22.000 and
23,000 pounds, IS a truc k-trailer combinatton.
A c:oneret• mlxiH lrud<. The follow ong parts
of a concrete mixer mounted on a motor veh i-
cle are not 1ncluded in computing the actual
unloaded weoght :
1) A separate eng ine assembly including en-
gine , houstng , gas tank, and sk id ;
2) A transmiSSIOn system connecting the
power source to the mhu ng drum;
3) Water pump, controls, metering equip-
ment, hose and plpong partly comprisi ng the
-~;
4) The trunnion ~ and drum ~
""'k:h -the llrixlng drulft to rotate;
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5) A loade r assembly primarily consisting of
a hopper; a nd
6) A discharge system cons1s11ng of chutes,
supports. and brackets for d irecting the con-
crete into forms at the job SJte
On the o ther hand, the fol lowmg parts of the
concrete mixer are included in computtng the
actual unloaded we1ght
1) The mix ing drum. muttng blades or fms ,
and the drum door,
2) The water tank and supports partly com-
pnSing the water system ,
3) M ud guards to protect mov1ng parts from
dtrt , and drum roller guards whtch are a safety
feat ure,
4 ) Steel Sign panels mounted on the vehicle
wh1ch carry the na me of the concrete muc pro-
ducer, and
5) The m•xer frame upon wh1ch the mucing
drum and tts accessortes are mounted
A ,_,_,. con,.lner des1gned to be used
wtth a htghway motor vehicle c hassis for haul -
tn g and dtsposing of rubbish must be tncluded
in determtning the actual unloaded w etght o f
the veh icle.
A packer-type ,.,tu .. collection lruclt. Users
o f rear or st de loading compac tton-type refuse
collectton trucks may exclude w ttho ut substan-
tta tt on 3,000 POUnds 1n computing the actual
unloaded wetght o f these trucks. Th1s ts a stan-
dard excluSion fa ctor wh1ch will be accepted in
heu of actual 1dent•f•cat10n and substantiation
of the we1ght of excluded parts.
A tow truck. The we1ght o f a wrecker crane
consist•ng of mast . boom, cables, and w1nch
mounted on a truck used 1n the recovery and
towing of doaabled motor vehtcleo '" mcluded in
computing the actual unloaded waoght of tile
tow truck. However, the ~t of a _. lllke-QII...., ....:! only to operate the .......,
In leading ~ Ulllaediolg "'"' ............. nolln-
ciiOid.
Determi ning the tax. Read down the left-hand
column of the applicable chart at the end of this
publication until you come to the categOfY of
the h1ghway type t ruck or truck-tractor which Is
required to be regiStered 1n your name; then
read the amount under the month in whicn you
.., ,... this plllticular vehicle. Thil • tile
~ liOU owe • FedaMi higllloey ..-11111 ror
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this vehicle . If your truck or truc k-tractor Is not
described in the chart . you do not o we th1 s ta x
The tax due per vehicle vanes accordtng to
the month of the tax penod 1t IS ftrst used Most
vehicles are ftrst used tn July (since th•s ts the
fi rst month of t he tax penod) and thus the tax
due would be the amo unt listed under the July
column . Any t ruck or truck-trac tor descnbed tn
the chart and first used on a public htghway 1n
a month after July IS subject to the tax hsted m
the column under the month tt ts first used
Example 1. You have reg tstered i n your
name a 2-axled, single-unit truck If thts truck
has an actual unloaded weight o f 14,500
pounds, it is described in category "A." If it is
ftrst used in July of thts year , you owe $81 .
How ever, if you first use this truc k in October,
then your tax for th1s tax period is $60.75.
E.x•mpl• 2 . You ha ve registered 1n your
name a 2-axled truck-tractor eQu ipped to pull a
semttra iler. The truck-trac tor alone has an ac-
tual unloaded we1ght of 7,500 pounds. It 1s de-
scn bed in category "1", 1f you first used it 1n
July o f th is year , you o w e $120 as a use tax for
th1s tax pertod. If you do not use it until Decem-
ber, your tax for this tax penod 1s $70. If you
obtained the veh1cle second hand, see the dis-
c ussion of Secondhand vehicles.
Buses
A bus IS subject t o th ts use tax if it:
1) Is required to be registered for highway
use:
2) Is ac tually used on a public highway; and
3) Has a gross we1ght of more than 26,000
pOU nds.
The t~rst tw o points were defined eartier 1n
connection With trucks and truck-tractors.
T~ oame defin~1ona are applicable to~
Therefore , the oN)! new -...., r-a •
"'*'g ..... .......
car.... .......... tile ..... unioedlld ..tgN of
the bus plus 150 pounds for each un~ of oeat-
lng capacity provided for passengers and the
dnver The actual unloaded we1ght IS 1ts empty
(or tare) weight, when it Is fully equlppH lor
..,a, The term fully equipped includes the
body of the buo. all acc_,-ies, all ~t
attached to or carried on the bua lor UM In 1111
~. all equipment UMd In Ita ......_,
-orlor.,.~ot ~
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or othera (euch u alr-condltfonlng .m aanlt•
tlon lacllttlee, etc.), and a 1u1t IUppiy ol lubri-
cants. fuel , and water. The actual unlollded
weight doss not Include tile actual w.lglll ol
the driver or~.
If the gross weight o1 a bua 1e 28,000 pounds
or lees, n Ia exempt from thla tax.
The taxable gr018 weight of a achool bua
must be computed using 1 !50 poundl lor aach
unit of -tlng capacity lrraepactlve of tile fact
that the w.lglll of the ~ ......., car-
rt.ct may diller from tllet llgln. Howww, tile
number of adult8 thet could be Meted on a bus
.. delennine Ita ..ttng capacity -though
tile bua Ia 1-.d to tr8NpOrt children.
DooluKi,.'U .. IU 011 a INa. Fnt you dlllwr-
"*'-the actuat unlclacMd w.1g11t of the bus; to
IIIIa you add 1!50 POUndllor each unit ol--
lng -lty prD¥i<*j lor ~ and tile
drWw. Thla tlgln • the grOI8 w.lglll ol tile bus
II the bua -llr8t 1-.d cNrtng JUly o1 tile tax
period, the tax rate baaed on Qr018 weight Ia 13
lor each 1,000 POUndl or fraction theraol. II the
bus was first uaed during a month altar July In
a tax period, the rate per 1 ,000 pounds or frac-
tion thereof Is : -.... _
Clcta. -Doc..--·-...... -... , .....
121'5
12.50
12.20
12.00
11.7~
11 .50
11 .2& ,, ()() ..,,,..
aoso
to25
For example, K a bus registered In )'OUr name
and used in July on the public highways hu an
actual unloaded weight of 22,000 pounds and
aeats 43 passengers and one driver, its gross
-ght is 28,600 [22,000 + (1 !50 x 44)] pounds
and the tax due on this vehicle for this tax pe-
riod Is $87 ($3 x 29). II this bus is first uaed In
January, the tax due on it for this tax period Is
$43.!50 ($1 .!50 )( 29).
Exemptlona from the Tax
II a truck, truck-tractor, or bus Ia uaed aoiely
by the Federal Government, any State or the
District of Columbia, or any local government, It
Ia exempt from the tax . For the purpoee of this
exemption, the Government must actually op-
erate the Vehicle . This exemption a1ao appllee
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to the uee of~ bV tile Ameo1can National
Aed Cross.
For purpossa of tile axamption no dlaltnctlon
Ia made'*-go,..,._llal and proprietary
act1vtt1ee when tile actlvtttee are performed dl-
...::11y by a State or locaf govarnmem, Thue a
clty'o uao of Ita trucka to collact traah (under a
contract awarded In competHiva bidding) from
a commercial company Ia not aubjact to the
tax. However, the exemption doss not apply to
a ..tllcle driven and malntalnad bV e taxpeyw
under a Unltact Stataa """' contract , but doss
apply to ..tliclee operated by nonprollt -
-lfre dapartmanta, ~ -.ocletloo-.
and noacua aquada. Slmllar1y, tile exemption
would not apply to a ~-owned ....
cia dr1van and mMitalnad by a ~ doing
-at and ~ --a Go.ern--contrac1.
Government~ Y8lllctaa fllmWiad to
and operated by Contractor. In connac1lon -
gowaonn•~--planb would not~
lor IIIIa exemption. However , IIIey are not IUb-
jact to tile highway uaa tax K neither ragillarad
nor required to be negiatared In any State.
No .....,.,.,.. lor l#gltt /Mda. No truck,
truck-tractor, or bua Is exempt from this tax,
nor doss It qualify for a reduced tax , mtlfely
bacauaa n normally carries lightweight loads or
operataa empty ona-haK the time.
,.......,. -....._ II you trade-In or aatl a
vehicle on which you have paid the tax, the new
vehicle you obtain Ia aubjact to the tax and no
credn Is allowed for the tax you paid on the old
vehicle. If you wlah to racover this paid-up tax,
you should value the Vehicle that you trade or
aatl to reflect the amount of the paid-up tax lor
the remaining portion of the tax period.
It IOU buy • _.,_"'"'**-or racalva
one In a trade , on which the tax lor the year hu
bean paid, you do not owe this tax on that ve-
hicle for that tax period. If the tax hu not been
paid, you may be liable lor the entire tax period,
s.a the dlacuoaion of Second-hand v~.
Local trane11 .,.._,. are liable lor the tax on
the uaa of their trucka and truck-tractoro In the
aame manner u other taxpayaro. Buaaa owned
by local tranah aystarno may be exempt from
thla uaa tax If they &nhar heva a gross weight of
26,000 pounda or lees, or ~ the local tranalt
aystem meata the 60-parcant pasaanger fare
-.. teal , dlac-later, lor ~· buaaa In
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the ..., ,__ appltc.ble to that syatem lor
that tax period. ~. 11118 exemption doetl
not apply to ~ of tha Intercity-type (con-
aiTucted lor long-d8tanco uee) oven though
they .,., operoted locally by a local tra.-t eya-
tem ""'lch -tha 80'11. teet. Suburban type
~ UlOid to provide m-tran8P<)rtatlon that
Incorporate leeturea normally found on both ln-
tercny-and tranalt-typo buaea are claoollled ao
~ of the tranalt type.
J'llle .,.,_,, ,_.,., ,.,_ -
11111t. T..-t bl.-are exempt from tiD tax If at
laM! 80'11. of tha total~ lara._
from achoduled rune along regular ~ In tile
IIIJPIIcable ..., ,__ lo from :
1) T~'-ttlllldonot--
60 conb;
2) Commutation r:Jr ..,., llcMIII tor llnglo
litpo of -INn 30 lllha; r:Jr
3) Commutation ticl<otw lor one mon111 ar
-· ar any combination of 111eaa ~.
lntorclty ,.._ are lncludod In II* computa-
tion of total ~r faro rovonuo , but ctoar-
ter 1-. rentals, adver1lalng receipts, etc., are
not Included.
o.llarm"'*''J tile --'«/. The teet period
lor a particular local transit system lor any tax
period depends on when the oys1em was In op.
oration. For a local transn syatem In operation
In tho calendar quarter Immediately procodlng
July 1 of the tax period , the test period lor tho
tranalt system Is that calendar quarter, un-
the system derived paasongor fa ro revenue
from regularly !IChodulod runs on lass then 30
days durlng the quarter. In this event, the teet
period lor the system Is Its last preceding teet
period, or, II none, the calendar quarter begin-
ning with July 1 of the tax period. For a local
transn system commencing operations on oral-
ter July 1 of the tax yeer, the test period lor the
part of the tax porl od In which It operated lo the
calendar quarter in which operations began. II,
however, the system runs on lou than 30 days
durlng that quarter, the toot period Is the follow-
Ing calendar quarter.
Record•
It you have registered In your name any
truck, truck-tractor, or bus subject to the high-
way uae tax , you must keep recorda sufficient
to enable the D istrict Director to determine
whether you are liable lor the tax and, n eo , the
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amount of tax duo. Thooo recorda muat be kept
...., though tho vehicle Ia roglatered In your
name only port of tho tax yoor . They muat be
kept lor at 1oaat 3 Yll" after the date the tax
becomoa duo or Ia paid, whichever Ia later.
They muat be available at all limos lor lnapec-
tlon by tho Internal Revenue Service . You
should alto keep copl aa of all returna and
ochedulos which have been filed .
Aaoorda lor -'! wehlole w-1c1 ,.._,
1) A doocr1pl1on of tha Ylhlclo (Including ...
rial number ar other monulacturor'a number) In
aulllclonl deloit to permit poonhre ldonttllcetton
of tha Ylhlclo end of tha tax categary Into
which M lalla; (WIItlo not roqund, M may help to
koop a weight tlckll ar lltp lor oech ..nocto In
your rocarda.)
2) The -tha velliclo -OCQUirod and
tha ....... and-*"-of tha ,_..,.,Iran whom
M -acqutrod;
3) The -mon111 of ooch ta• periOd In
which a taxable -occurred lor oech vehicle,
end any prior month In which tha 11811iclo was
UMd In ouch tax period while roglatorod In your
name , wnh evidence to eotabtlah that such prior
uee was not a taxable uae; and
•> The date of uta or other tranaler of the
vehicle and tho name and addr-of the por-
oon to whom tranatorrod. II it was. otherwloo
diapoood of, atato the method of dlapoaitlon.
II you acquire and have roglaterod In your
name duri ng a tax year a MCond·hand taxable
vehicle , you muat obtain evidence of whether
there was a taxable uee of thla vehicle In the tax
poriod prlor to tho time It wu roglaterod In your
name. The evidence may be a wrlt1en state-
ment, signed and dated by the person (or
dealer) from whom tho vehicle was acquired,
ahowlng whether there was a prior taxable uee
ot the vehicle and, II so, whether the tax was
paid and where It wu paid .
r.....n .,...... .. It you operate a transit sys-
tem and claim exemption from tax lor a transit-
type bus, you muat koop recorclo sufficient to
ahow , lor each tax porlod, whether you meet
the 60% paseongor fare revenue teet lor the
teat poriod .
Aetum1 1nd T•x P•ymenta
~rally , ovary po..an In whooo name a
truck, truck-tractor, or bus 18 required to be
rogla1ered at tho time of Ita fi...t taxable 1-. In
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any tax period must make a return (Form 2290}
and pay the tax for the app licable tax period .
A person , for purposes of the highway use
tax . includes an individual , corporation, part-
nership, or any other type of organization (In·
eluding nonprofit, charitable, educational, etc )
except those specifically described under Ex -
emptio ns from the Tax . Fore1gn persons are lia -
ble for th1s tax 1f they are reQutred to reg1ster
vehicles 1n any of the States or the D1stnct of
Columbia.
If the same veh1cle is registered by the owner
as well as by another person. the owner is liable
tor this use tax Thts is true even where there IS
dual reglolr•tlon of a leased vehicle
Any vehicle operated under a dealer's tag ,
11cense. or permtt 15 considered to be registered
1n the name of such dealer who is, therefore,
liable fo r the tax .
S#lcond-IYnd .-hie/eo. If a truck, truck-trac-
tor, or bus IS used in the tax period whtle regis-
tered tn the name of the first ow ner , that person
owes the tax . If the first owner pays it , no sub-
sequent owners o we this tax on that veh1cle for
that tax penod. However, if you obtain , reg is-
ter, and use a vehtcle in a tax period for wh ich
th 1s tax IS due and unpa1d , you become hable
tor the unpaid tax for the entire period of tax -
able use . It is 1mmatenal that the pnor user in
the tax period, who fa1led to pay the tax , had
f1~ a return As the subsequent user 1n a tax
penod, you are not requ1red to report or pay
th1s tax unt1 l on or before the last day of the
month f~lowtng the month in wh1 ch you are
notified by the Internal Revenue Serv1ce tha t
such a return IS reqwred Records wh ich mus t
be matntatned when you o btatn a second-hand
veh1cle were dtscussed earlier under Records
In effect, the tax paid , or the Habi!ny lor the
unpaid tax . for the tax penod on the use of a
particular truel<, truck-tractor, or bta is ~
on to any ~Ut~Mquent own« ottn. vehicle dur-
IIIQ the tax ~-Tllio II a malt4lr lor lllllle-
-and 1111'-'*-the bi¥tr and tile setter
This tax return must be flied on Form 2290,
wht c h IS ava1labte at your Internal Revenue Of-
l ice. The Form 2290 muot !»flied on or !»lore
the lllat d•y o/ the monltl wh1ch follows the
month '" whk:h a vel>lcle 10 Rrat ueed on the
public ~ '" the tax period. Thua, lor tn.
~ tax period begoMing Ju1v 1, a ......,
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must be filed on or before August 31 , account-
ing for all highway motor vehicles in taxable use
dunng the month of July. If a vehicle is first
used in November, a tax return for 1t must be
filed on or before December 31 Each taxpayer
must f1le a single combined return of the total
amount of tax due for all ve hicles first used 1n a
part icular month
II you triJde i n one .-hie"' lor anotNr, and
pla ce the veh1cle you recetve tn to use dunng a
month tn ~ tax period after you have flied a
Form 2290 for the vehtcle traded 1n, you must
file an additional Form 2290 for the veh1cle you
receive
If you put an addttlonal vehtcle 1n use during
a month in a tax penod after you have filed
Form 2290 lor your o ther veh1cle(s), you must
file an additional Form 2290 on th1s vehicle . An
additional veh1cle may be constdered one tt'iat
was purchased new or used , or one that was
prev1ousty owned but JUSt placed mto service
You pay a tax on th1s vehtcle at a rate accord-
ing to the month 1t was put in use
The re turn should be filed with the Internal
Revenue Service Center specifted for the State
10 wh tc h the taxpayer's pnnc1pal place of bUSI -
ness , oH1ce or agency. or legal res1dence ts lo-
cated .
II you p•ld IIIIo tu when you did not o-11.
you may file a cla1m for a refund on Form 843 .
No credit or relund a/the tu will be granted
merely because the vehtcle on whtch you paid
the tax was later sold , traded , w recked, junked,
stolen , or otherwise disposed of, after 1ts tax -
able use It IS 1mmatena1 ho w long the vehtcle
was actually used
Emplo,_, ld.,tlllc•tlon numb<N. It is impor-
tant that you enter your employer Identification
number in the appropriate block on your Form
22110 and on any other otat..,.ent or doc.-
)IOU make If you ~ve not ~applied lor
or otllained an idenlilicalion number, you -
apply for one on Fo rm SS-4 , avlliiM>Ie at anr ._,.I R-.ue olfiee. If you have applied lor
but not recetved a number and the due date of
the return 1s near, file the retum and enter the
words "number applied fo r" m the appropriate
block.
L«:M tr-a,.-. Spec1al rules are pro-
vided lor cetlain lftuationo involving local IYM-
11 .......... A -IOcal tr-......., c-.ot
dllllllliM bebw .. ca. "' -..... ,.
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rlodwhether tax is due on ns transit-type buses
used 1n the test period. Occasionally an estab-
lished system must complete a test period for a
particular tax period before liability on its tran-
sit-type buses can be determined. In these
cases, any tax on the transit-type buses used in
the test period must be reported on or before
the last day of the month following the close of
the test penod. Tax due on trucks, truck-trac-
tors, and intercity-type buses must be reported
1n the usual manner. See the previous d iscus-
sion of Local transit systems.
If ltJe refum I• not flied -ltJe -t-. a penalty is imposed. The penalty Is 5% of
the tax due lor each month or fraction thereof
the return is late, but no more than 25%.
If you can show that the delay was due to a
reasonable cause, and not to willful neglect,
the penalty w ill not be imposed. You should
attach a written statement to the return . show-
'"9 all the facts claimed as reasonable cause
lor the delay. Reasonable cause does not in-
c lude ignorance of the law. forgetfulness, or
o versight .
In any case . you will have to pay interest at
the rate of 6% per year on the unpaid balance.
The penally 10< Wlute 1o ,., w• -
-is t/2 oft% of the unpaid amount lor each
month or part of a month it remains unpaid up
to 25% of the unpaid amount. The penalty ap-
plies to any unpaid tax shown on a return. It
also applies to any port1on of additional tax
shown on a bill if it 1s not paid with1n ten days
from the date of the bill. This penalty IS in addi-
tion to the 1nterest c harge on late payments.
Exfen.mn ol II,.,. lor filing the return (not to
exceed 60 days) may be granted by the Internal
Revenue Serv1ce . Your request should be ad-
dressed t o the Director of the Internal Revenue
Serv1ce Center where you would file the return
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and must contain a full explanation of the
causes of the delay. The apr>'icatton for exten·
sion of t ime must be submitted on or before the
due date of the return.
When Is Payment of the Tax Due?
The tax due must be paid wtth the return on
or before the due date for ftling the return , un·
less the Installment privilege is elected
ln.t.llment prtyllege. If you file your return on
t1me , you may elect on your return to pay the
tax in up to four equal Installments, depending
upon when the first use of a vehicle occurs tn
the tax period. The tax on vehicles first used in
July, August . or September may be paid 1n four
installments; on veh icles first used 1n October.
November , or December, m three Installments;
and on vehicles first used m January, February ,
or March, 1n two installments. The installment
privilege is not ava ilable for the tax on vehicles
first used in April, May, or June.
Tile flnl ,.,_,_ ol t.x mu., be paid
when the return ts requ1red to be filed , wh1 ch IS
on or before the last day of the month following
th at in whiCh the first taxable use of the veh1c1e
occurred. The other Installment dates are [)e.
cember 31 , March 3t , and June 30. depending
upon the calendar quarter 1n which the liability
was 1ncurred. You should recetve a not1 ce of
each installment before 1t comes due. However,
should an Installment not be paid on or before
the due date (whether or not you receive an
tnstallment nottce), the entire unpa1d tax be-
comes due and payable upon notice and de·
mand from the Internal Revenue Service.
Alllnamllmen,. mull be paid. Liability is in-
curred w 1th the first taxable use of a vehicle in
the tax penod If alter the Installment priVIlege
IS elected the vehicle IS sold, the seller is still
reqUired to pay any unpaid installments.
These ptctures tllustrate most ot the types of vehides
subJect to the use tax . Us taxable categOf)' is Hldicated by
the leners Consult the tax tables later m th is publication tor
th e amount of tax on each category.
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Tax on Single Units
F"md the~ of,.,.., fthicle.
The tu due is the MIOUnt ClppOiillt,
in the column tor the month
the fthicle-first used.
Catepry -. ..... ._. -. ........ _ .. ___ .. _
==.o:.=:..:.---
A-2 -----.. -weieht of 13.000 pounft or,..,..~-----$81 .00 174.25 167.50 160.75
_3 ___ , .. __
..._,. ol 13,000 --or-. end
90.00 82.50 75.00 67.50 1-then 16.000 --............... C--3----.. -....... ollfi.OOO--ar-. ...•.. 120.00 110.00 100.00 90.00
0--4 aaled lruc:.k with ectuet unloecled
-..,. ol--n 22,000-----.. 165.00 151.25 137.50 123.75 ~----· .. -....... ol22,000 --ar ..._.-.._ a.n 30.000 ....,..... __ -----------204.00 187.00 170.00 153.00
f'--4 •JIIed truck with Kluel U"'-cied
...... ""310,000 --............. 240.00 220.00 200.00 180.00
-M--n 4.---2\t-
I -.... .. -....... -... taar.-~...._nd....,....•MII -.. -... -.
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154.00 $47.25
60.00 52.50
80.00 70.00
110.00 96.25
136.00 1 119.00
160.00 1.a.oo
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s.a.5o 133.75 $27.00 $20.25 $13.50 $6.75
45.00 37.50 30.00 22.50 15.00 7.50
60.00 5o.oo I .a.oo 30.00 20.00 10.00
82.50 68.75 1 55.00 41.25 27.50 13.75
102.00 85.00 1 68.00 51.00 34.00 17.00
I
120.00 1oo.oo 1
80.00 I 60.00 .a.oo 20.00 I
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... ...
T--T-C..-·
-2 axlad truck·trector with Ktuel ~==~~!':C:no~.~~~-~-~-
1-2 aJdad INek·tractor with actual ::,r::..c::~~ .~~·rt!.~' '~~ggop,:::.~~-~-
J-2 ••led truck-tractor with oetual unloaded .... ht of 9 ,500 pounda Of'
mora and, ... thlln 11 ,000 pounda .....
111-2 ••led truck-tractor with oetual unloeded weltht of 11,000 pounda or
mora .............•......................
L-3w 4 axlad truck-trac;tor with actual
unl011dad weight of Ia .. then 13,000
pounda ............ --............ -----·---3 or 4 ax fed truck-trector orith actu.l unloeded weight of 13,000
pounds or mora and Ia .. then 17,000
pounds •......•........•...•.......... __
-3 or 4 ••led truck·tr•ctor With ec:tuel unloeded -·ht at 17,000
pounda or more ............•......... _ ..
o-Mora then 4 ax led truck-tractor-•~ tlmea acbMI unfoeded ..._ht
multiplied by tlix rate IMf'" thouund
poundl •• Ht forth at end or chert .
190.00 $82.50 $75.00
120.00 110.00 100.00
150.00 137.50 125.00
180.00 165.00 150.00
195.00 178.75 162.50
210.00 192.50 175.00
222.00 203.50 185.00
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167.50 $60.00 $52.50 $45.00 137.50 130.00 $22.50 $15.00 $7.50
90.00 80.00 70.00 60.00 50.00 40.00 30.00 20 .00 10 .00
112.50 100.00 87.50 75.00 62.50 50.00 3 7.50 2 5 .00 12 .50
135.00 120.00 105.00 90.00 75.00 60.00 45.00 30.00 15 .00
146.25 130.00 113.75 97.50 81.25 65.00 48.75 32.50 16.25
35.00 I 157.50 140.00 122.50 105.00 87.50 70.00 52.50 17.50
37.00 I I • • 166.50 148.00 129.50 111 .00 92.50 74.00 55.50 18.50
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Tax on Combination Units
rmct the~ of your Wlhlde.
The tu due ia the--CIPIIOdl.
in the column tor the month
the Wlhicle-first UMd.
Catepry ... .... ... ... --... --.... --.... .... -T,..._T..._O? 0' t---
-2----u-
...... of 9.000 --.. ---lhen 12.000--end--
10.00 50.00
bUM in c:ombifWtiona ••••.•.••••.••• 120.00 110.00 100.00 90.00 80.00 70.00 40.00 JO.OO 20.00 10.00
o-2ealed ___ u_
....... of 12.000 --............
165.00 151.25 137.50 123.75 110.00 ~ 82.50 6L75 55.00 41.25 27.50 13.75
eQuiPPed fDr UN 1ft CCNnbifWtlons •••••
._3 or 4 •lded trucll with actual u• ::,c::. ::7::..,~-,_ "= i!~
IJO.oo 113.75 97.50
birwtions __ •....... ---....•...•.••.• ---195.00 178.75 162.50 146.25 81.25 65.00 411.75 32.50 16.25 s--3 or 4 allied truck with 8Ctual Uft-
•-weitlht of 14.000 --ar more and Ins then 19.000 IIOUnda and
148.00 111.00
equipped for use in combinetions ••••• 222.00 203.50 185.00 166.50 129.50 92.50 74.00 55.50 37.00 18.50 T-3 or 4 aided lrucJl wttt. Ktual un-=--~an':~~i~9ex»u:'::C:.:
209.00 152.00 114.00 I
b i netion•. _. ------.•.• ----· ___ •••• ------228.00 190.00 171.00 133.00 95.00 76.00 57.00 liLOO 19.00 • •
U-More thlln 4 axled truck equii»>Otd
for use in combinetiofts-4•i times ee-:.~·r:~....:::: ==='= :t forth at end of ctwrt.
Taarate..,. ........,~ •
$1.00 ... ,. -----·-···················· ... ,. ..... N.B .... SI.7S . .... SI.B ....
·E-v lrll<:k-nctor ile c-lype unit. Evwylr\lek ......_.,will! 1--or---can be-~~~ pu1 •-~~-~~~be
1--....... -lticely•ac-. UdiecUIHd -In----
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DEPT. OF mt;,iC E
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Mr . Hugh f . frazier
4569 oulh Pea rl St.
Engl ewood, Co lorado 80 llO
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Mr . Hugh P. frazier
4569 ou t.h Pea rl St .
Engl ewood, Co lorado 8011~ n
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. :r ; 1979
DE PT . 0:' ;:: .. ;'
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c7b? I cd ?Zd:1~~ ~ _
Afla~,/L.t1 / ~ Ch cfc:J2/u
'1JZ&y ~ 1979
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BEFORE THE CITY CO UN CIL FOR THE
CITY OF ENGLEWOOD
STATE OF COLORADO
In re the matter of ,
r.:,.( 3 1979
DLPT. c-1 .... uE
E!I Gcr.:J.J O
SPECIAL ASS ESSMENT LEVIES
UPON PROPERTY OWNERS IN
PAVIN G DISTRICT NO . 25 .
WRITTEN OB JECTION TO
SPECIAL ASSESSMENT
COMES NOW the un dersigned property owners by and
through their attorneys Lobato-B1eidt, B1 eidt & Haight, P .C.,
and do hereby present written ob j ection to the assessments
ma de upon their property i n conjunction with improvements to
side~'alk s, gutters and streets loc a t e d within Paving Di strict
No . 25. The undersigned do h ereby u bject pursuant to C.R.S .
Section 31-25-520 19 73 and C.R .S . Se ction 31-25-538 1 973 to
the amount assesse d against the undersigned property owners
for improvements done in Paving Dis trict No. 25 , a nd a s grounds
therefor state:
1 . That the assessment levi ed against t he under-
signed property owners does exceed the benefits receive~ by
the property assessed.
2 . That the ratio of the coat of the improvements
assessed upon the property owners is dispropor tionate to the
bene fit received .
3 . That the p r oportionate amount of the cost of
the special improve ments born by the City o f Engl ewood is
too small an amount when measured against the genera l benefit
r~alized by the City of Englewood .
4 . Paving District Nc. 25 included improvement to
West Oxford Avenue, a street heavily used by truck and tracto r-
trailer traffic .
5 . The undersigned property owners are in effect paying
for the improvements for Paving D;.strict No . 25 when in
disproportion ate effect the benefit is actually accruing to
this heavy truck •nd vehicular traffic , whi ch has born none of
the expense of paying for said improvements . I •
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6 . That the hea v y truck and vehicular traffic
wh ich is benefi ting from the improvements t o West Oxf o rd
Avenue i n Paving Di s tr ict No . 25 con stitutes a general
be n efit to the Ci ty of Englewood.
7. Th at since the Ci ty of Englewood ha s conferred
upon its elf this general b enefit, t he undersigned property
owners object to the levying of approximate ly twothirds of
the cost f or the special improvements upon their property .
WHEREFORE, the undersig ned pro pe rty own ers do
hereby make written o bj ection pursuant to the above-cited
sections of the Colorado Revised Statute s to the disproportionate
burden placed up on t heir property in t he form of an assessment
levy when comparPd to the actual benefit rece i ved b y theae
undera i gned property owners , when viewed in light o f the
actual g eneral bene fit conferred up on the City of Englewood
and its disproport i onately small burden in contributing
towards these improvements.
FURTHr.R , the undersigned object to the bidd ing
procedure& followed for this special improvement which baa
reaultpd in inferior workmanship and demands explanat i on for
the potent i al improprieties involved therein . The unders igned
also reserve the right t o make all other objections, whether
statutory a nd /or constitutio nal, to this assessment .
Ob jectin g property owners :
Respectfully s ubmitte d ,
LOB ATO -BLEIDT, BLEIDT & HAIGHT , P .C.
By . j· r /{ I ~,-_1/ ''Jo ~n T. Van Vo orhis, if9227
Su ite 110, Terra Professional Plaza
1360 South Wadsworth Boulevard
Lakewood, Colorad~ 80226
Telephone : 988-9081
1 . Mr . Porfidio Prado and Norma 3 . Mr . Newt on Magoun
805 West Oxford
2.
Jean Prado
780 West Oxford
Englewood, Colorado 80 110
Te l e phone : 781-6206
Mr . George
4090 South
En g l e wood,
Tel e phone:
F . Wenzel
Huron
Colorado
789 -1494
80110
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Englewood , Colorado 80110
Telephone : 781-5449
4. Mr . Ke nneth A. Love
777 West Oxford
Englewood, Colorado 8 0110
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5 . Ms . Gr a ce Wome ldorff
4 07 0 So ut h Huron
En g l ewo od, Co lo rado 8 01 10
Telephone, 42 5 -522 5
6. Mr . Chester Moyer
770 West Oxford
Englewood, Co l orado 80110
Telephone , 781 -683 9
7 . Mr . Peter L . Tardi ff
4101 South Galapago
Englewood, Colorado 80110
Telephone ' (60 2 ) 9 22 -037 0
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BEFORE THE CITY COUNCIL FOR THE
CITY OF ENGLEWOOD
STATE OF COLORADO
In re the matter of :
r:,,w 3 1979
DE PT . o~ :.; .. :..:E
E ilGiBi J.~D
SPECIAL ASSESSMENT LEVIES
UPO N PROPERTY OWNERS IN
PAVING DISTRICT NO . 25 .
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WRITTEN OBJECTION TO
SPECIAL ASSESSMENT
COMES NOW the undersigned property owners by and
through their attorneys Lobato-Bleidt, Bleidt & Haight, P .C .,
and do hereby present written objection to the assessments
made upon their property in conjunction with improvements to
sidewalks, gutters and streets located within Paving District
No. 25. The undersigned do hereby object pursuant to C.R.S.
Section 31-25-520 1973 and C.R .S . Section 31-25-538 1973 to
the amount assessed against the undersigned property owners
for improvements done in Paving District No . 25, and as grounds
therefor state :
l. That the assessment levied against the under-
signed property owners does exceed the benefits received by
the property assessed .
2 . That the ratio of the cost of the improvements
assessed upon the property owners is disproportionate to the
benefit received.
3. That the proportionate amount of the cost of
the special improvements born by the City of Englewood is
too small an amount when measured against the general benefit
realized by the City of Englewood .
4 . Paving District Nc . 25 included improvement to
West Oxford Avenue, a street heavily used by truck and tractor-
trailer traffic .
5 . The undersigned property owners are in effect paying
for the improvements for Paving Di.strict No. 25 when in
disproportionate effect the benefit is actually accruing to
this heavy truck e nd vehicular traffic , which has born none of
the expense of paying for said improvements .
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6. That the heavy truck and vehicular traffic
wh i ch is benefiting from the improvements to West Oxford
Av enue in Paving District No. 25 constitutes a general
benefit to the City of Englewood .
7. That since the City of Englewood has conferred
upon itself this general benefit, the undersigned property
owners object to the levying of approximately twothirds of
the cost for the special improvements upon their property .
WHEREFORE , the undersigned rroperty owners do
hereby make written objection pursuant to the above-cited
sections of the Colorado Revised Statutes to the djsproportionate
burden placed upon their property in the form of an assessment
levy when compared to the actual benefit received by these
undersigned property owners, when viewed in light of the
actual general benefit conferred upon the City of Englewood
and its disproportionately small burden in contributing
towards these improvements .
FURTHrR, the undersigned object to the bidding
procedures followed for this special improvement which has
resulted in inferior workmanship and demands explanation for
the potential improprieties involved therein. The undersigned
also reserve the right to make all other objections, whether
statutory and/or constitutional, to this assessment.
Objecting property owners :
Respectfully submitted ,
LOBATO-BLEIDT, BLEIDT & HAIGHT, P.C.
By -~J.i( t{'_ .4~,
>Toil T. Van Voorhis , {/9227
Suite 110 , Terra Professional Pl aza
1360 South Wadsworth Boulevard
Lakewood, Colorad0 80226
Telephone : 988-9081
1 . Mr. Porfidio Prado and Norma 3 . Mr . Newton Magoun
805 West Oxford
2 .
Jean Prado
780 West Oxford
Englewood, Colorado 80110
Telephone : 781-6206
Mr. George
4090 South
Englewood,
Telephone :
F. Wenzel
Huron
Colorado
789-1494
80110
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4 .
Englewood, Colorado 80110
Telephone : 781-5449
Mr . Kenneth A. Love
777 West Oxford
Englewood, Colorado
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80110
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5. Ms. Grace Womeldorff
4070 South Huron
Englewood , Colorado 80110
Telephone : 425-5225
6 . Mr. Chester Moyer
770 West Oxford
Englewood , Colorado 80110
Telephone : 781-6839
7. Mr. Peter L. Tardiff
4101 South Galapago
Englewood, Colorado 80110
Telephone : (602) 922-0370
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City of Englewood
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S~I TH , C LA YTCI\ JR !: E L EA•OR <;,
J T lE N
4 10 0 S GA L A P AI> 0
34 00 S. Ela!1 Street
Englew o od , Colo rado 80 1 10
Pho ne (303) 761 -1 140
E I\G L E ~C O , CC LC 601 10 Apr il 1 3 , 1 9 7 9
TO : Property Owners in Englewood Paving Distr ic t No. 25 :
The as sessme nt r o ll f o r Paving Di stri ct No . 25 in En glewood ,
as complet e d in 19 7 8 , is now on fil e in the of f i ce of t he
Director of Finance , 340 0 South E l ati St ., Englewood , Co lora do .
Accord i ng to the asses s ment roll , t h e amount assessed aga in s t
th e fo llo wi ng -d e scribed proper t y , wh ich you are l i s t e d as
o wn ing ,
Lo t s 1-3, Block 2 3 , J ac ks ons Bdw y Hts.
i s $ 2 ,300 .15 f or stree t improvement s in t he 6 0 0 block of
___ W~e~s~t~O~x~f~o~r~d~~A~v~n_u~e _______ a n d b l ock o f -------
P LEAS E PLA CE THE ABOVE LEGAL DESC RI PT I ON ON OR WI TH AL L PA YMENT S .
A p ublic hear ing o n the as s e s smen ts agai nst the pr o pe rty con-
c e rne d in the Di s trict wi ll b e h e l d on Mond~, May 14 , 1979 , a t
7:30 o'clo ck p.m.,or such la t er time as counc i i is a ble to h ear
i t in its norma l course , i n the E rn ie Ande rson Room P o lice/F i r e
Ce nte r , 3 6 1 5 So u t h Elati S tree t. (See d e t ails legal l y adve rti se d
i n t h e Engl e wood He rald S e ntinel o n Ap r i l ll, 18 , a nd 2 5 , 1979.)
~Writt e n pr o t ests will b e r e c e ived up to May 3 , 1 9 79 in the o ffi c e
o £ the Di rec t or of Finance and considere d at the Ma y 1 4 mee ting .
If any p o r tion o f the a ss e ssme nt i s paid p rior to J uly 2 3 , 1 9 7 9 .
a f i ve p er cen t (5%) disco unt on t hat por t ion wil l be al l o we d .
Any par t of the ass essment not p a id by t h a t date wi ll b e c er tifi ed
to the Arapahoe Coun t y Tre a surer for c oll e c tion by hi s of fi c e
duri ng t h e n ext t e n (10) yea rs in ann ua l p r incip al paymen t s ,
pl us f ive a n d one -half p ercent (5 l /2 %) i nterest on t he unpaid
ba lan ce . Such ayments wil l b e due o n J anua ry l, 1 980 for the
fi rst year , and Jan u a ry 1st o f the su cceed in g yea r s . T h e 1 9 80
pa yme nt wi l l not inclu e intere st , a l though future years ' payment
will.
F o r i nfo r ma tion on your asse s sm e nt , pl e ase c on t act the Depa rtme n t
of En gi n ee r ing Services, telephone 761-114 0, Extension 500 .
Si nc ere ly,
~~~a mes
Dir e c t or of F inan c e
b js
Note : Locat i on o f he a r i n g h as b ee n cha n ged to th e Ern ie An derson
Room, Po l ice/Fi re Cente r , 3615 South Elati Str eet due to
r e modeling at the Municipal Bu i lding .
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BY AU THO RITY
ORDIN ANCE NO.
SER IES OF 197'~9------
A BILL FOR
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COU NCIL BILL NO . 22
INT S~D UCED 13Y CF~
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN PAVIN G
DISTRICT NO. 25, IN THE CITY OF ENGLEWOOD, COLORADO; APPROVI NG AND
CONFIRMING THE APPORTIONMENT OF SAI D COST TO EACH LOT OR TRACT OF LAND
IN SA ID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR
TRA CT OF LAND IN THE DISTRICT; PRESCRIBING THE MANNER FOR THE COLLECTION
AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERG ENCY .
WHEREAS, by Ordinance No . 3, Series of 1978, finally
pass ed and adopted on March 6, 1978, the City Council has created
Paving District No . 25, within the City of Englewood, for the
purpose of constructing and installing street and alley pa1ing,
curb, gutter and sidewalk improvements, together with necessary
incidentals, on certain streets and al.leys within the City;
and
WHEREAS, the improvements authorized by said Ordinance
have been completed and accepted by the. City and the whole cost of
such improvements has been determined; and
WHEREAS, an assessment roll has been prepared and a
statement showing the total cost of the improvements has been duly
filed with the City Council; and
WHEREAS, from the statement made and filed with the City
Council, it appears that the whole cost of said im ,,ro vcm e nt!; i::::
the amount of $899,568.76 of which amount the City of Englewood will
pay $234,901.65 leaving $66 4,667.11 to be assessed against the real
property in the District, said amount including costs of inspec-
tion, collection and other incidentals and also including interest
as allowed by law; and
WHEREAS, from said statement it also appears that the
City Council has apportioned a share of the whole cost to each lot
or tract of land in the District, in accordance with the benefits
to be derived by said property and in the proportions and amounts
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s e verally s et fo rth in Exhibi t A attach e d to this Or d i n ance ;
BE IT ORDAINED BY THE CI TY COUNCIL OF THE CITY OF
ENG LE WOOD, COLORADO :
Sect ion 1. Co n f i r mation o f Assessment Rol l . That the
wh ole c ost and appo rtionment o f t he same i s hereby app roved and
co nfi r med, and said apport i o nm e nt is hereby declared to be in
accorda nce with th e spe cia l b ene fits wh i ch the property i n the
Di str i c t w i ll re cei ve by reaso n of t h e construction of sa i d
i mprovement s, a n d a share of sa id cost is hereby assessed to and
upon each lot o r t r act of land wi thin the District in the pro-
portions a nd a mounts as set forth in the assessment roll, attached
h ereto as Exhibi t A.
Sect ion 2 . Payment o f As sessments. That the assess-
ments shall be due and payable at the office of the Director of
Finance of the City of Englewo od , within thirty days after
the final publication of this Ordinan~P., without demand; provided
that all such assessment s may i at the election of the property
owner, be paid in installments, wi th interest as hereinafter
provided. Failure t o pay the whole assessment within said period
of thirty days shall be concl u s i vely considered and held an
election on the part of al l persons i nterested, whether under
disability or otherwise, to pay i n said installments.
Such e l ection s h all be conclusively held and
considered a s a wa iv e r of an y right to question the power or
ju r i sdict i o n of the City of Engl ewood t o construct the improve-
ment s, the quality o f the work, t h e regularity or sufficiency of
the proceedings, or the val i dity or the cor r ectness of the as-
sessments, or the validity of t h e lien thereof.
In the event of such election t o pay i n i nstall-
ments , .the assessments shall be payable at the offi c e o f the
County Treasurer of Arapahoe County, Colorado i n te n (10) equa l
annua l insta l lments of princ ip al, the first of wh ich in s ta llments
of princi p al shall be due a nd payable on or b e f ore t he 1 s t d ay o f
January, 1980, and the remainder of said insta llments shall b e due
and p ayable successively on or befo r e t he · 1st day of January,
in each year thereafter until paid in f u l l , with interest o n the
unpaid princ ipal amount at the rate of 5 .5 0\ per annum, comme n cing
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on the date of publica t ion o f this ordinance by title following
final passage, and payable each year at the time of paying in-
stall ments of assessments.
Section 3. Penalty for Default or Non-Payment. Failure
to pay any installment, whether of pr in cipal or interest, whe n due
shall cause the whole of the unpaid principal to become due and
payable immediately, and the whole amount of the unpaid principal
and accrued interest shall ther eafter draw interest at the rate of
one per centum (1%) per month, or fraction of a month, until the
date of tax sale, as provided by law. At any time prior to the
date of the tax sale, the owner may pay the amount of all unpaid
installments wit h interest at the rate of one per centum (1%) per
month, or fraction of a month, and all penalties accrued and shall
thereupon be restored to the right thert!after to pay in install-
ments in the same manner as if default had not been suffered. The
owner of any property not in defau l t as .to any installment or
payment may, at any time, pay the whole of the unpaid principal
with accrued interest to the date of the next assessment ~nstall
ment payment date.
·section 4. Discount on Payment of Assessments . Pay-
ments may be made to the Director of Finance at any time with in
thirty days after the final publication of this Ordinance, and an
allowance of five per centum (5%) will be made on all payments
made during such period, but not there after. The discount of 5%
shall apply to all such pay ments, whether the payment is the
entire amount of assessment due, or a part of the assessment!
Immediately after the expi ration of such thirty day period, the
assessments sha ll be c e rtified to the County Treasure r of Arapahoe
County, Colorado , for collection,· as provided by law.
•
Section 5. Assessment Lien. All assessments levied
against the real prop erty in Paving District No. 25, together with
all i nterest thereon and pe na lties for de fault in payment thereof,
and all costs in collecting the same, shall constitute, from
the date of the final publication of this ordinance, a perpetual
lien in th e several amounts assessed against ·each lot or tract of
land. Such lien shall have priority over all other liens except
general tax 1 iens, and shall be enforced in accord ance with the
laws of the State of Colorado.
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If any tract of real property included with in
Paving District No. 25 is hereafter divided or subdivided into
two or more such tracts or parcels, th~ Director of Finance, with
the assistance of the Director of Public works, is hereby auth-
orized and directed to divide the assessment against such tract in
the same proportion that the tract itself is subdivided into two
or more such parcels, and to certify the revised assessments
to the County Treasurer of Arapahoe County, Colorado.
Section 6. Payment of Special Assessment Bonds. The
amount of assessments 'herein levied against the property specially
benefited, in the total amount of $664,667.11 will be in an amount
sufficient for the payment of the outstanding bonds previously
issued for Paving District No. 25, dated June 1, 1978, in the
principal amount of $767,000.
Section 7. Severability. That if any one or more
sections or parts of this Ordinance shalL be adjudged unenforce-
able or invalid, such judgment shall not affect, impair or in-
validate the remaining provisions of this Ordinance, it being the
intent ion that the
Section 8.
various provisions hereof are severable.
Emergency Provision. By reason of the fact
that bonds of Paving District No. 25 are now outstanding and that
interest thereon will shortly become due and payable, funds must
be made available from assessments at the earliest possible
date for payment of such interest, and for the immediate pre-
servation of the public property, health, peace and safety, it is
hereby declared that an emergency exists and that this Ordinance
shall take effect upon its final passage.
Section 9. Repealer. All ordinances, or parts thereof,
in conflict herewith are hereby repealed.
Section 10. Hearing. In accordance with the City
Charter and the Municipal Cod u of the City, the City Council shall
hold a public hearing on th i ; ordinance, before final passage at
9:00 P.M. on Monday, May 14, 1979.
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Sect i on 11. Publica t ion and Effective Date. This
Ordinance , after its final passage, shall b e n umbered and record-
ed , and the adoption and publication shall be authenticated by the
sig nature of the Mayor and the Director of Finance, ex-officio
City Clerk-Treasurer, and by the Cert ifi cate of Publication. This
or d i nance shall take effect immed iately upon final passage and
shall be published within seven day s thereof.
INTRODUCED AND READ This 2nd day of April, 1979.
( S E A L ) Mayor
ATTEST:
Director of Finance
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BY AUTHORITY
ORDINANCE NO.
SERIES OF 19779 ____ __
A BILL FOR
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COUNCIL BILL NO. 23
INhl)pDUCED BY (tjlr,
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE
IN PAVING DISTRICT NO. 23 IN THE CITY OF ENGLEWOOD, COLORADO;
APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH
LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID
COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBING
THE MANNER FOR COLLECTION AND PAYMENT OF SAID ASSESSMENTS.
WHEREAS, by Ordinance No. 23, Ser ie s of 1976, finally passed
and adopted on June 7, 1976, the City Council has created Paving
District No. 23 within the City of Englewood for the purpose of
constructing and installing street paving, curb, gutter, and side-
walk improvements, together with necessary incidentals, on West
Dartmouth Avenue within the City; and
WHEREAS, the improvements authorized by said Ord1nance have
been completed and accepted by the City and the whole cost of such
improvements has been determined; and
WHEREAS, an assessment roll has been prepared and a state-
ment showing the total cost of the improvements has been duly
filed with the City Council; and
WHEREAS, from the statement made and filed with the City
Council, it appears that the whole cost of said improvements is
$312,401.27. The amount to be paid by the Urban Systems Highway
Program is $224,880.86. The City will pay $28,869.45, leaving
$58,650.96 to be assessed against the real property in the District,
said amount including costs of inspection, collection and other
incidentals and also including interest as allowed by law; and
WHEREAS, from said statement it also appears that the City
Council has apportioned a share of the whole cost to each lot
or tract of land in the District, in accordance with the benefits
to be derived by said property and in the proportions and amounts
severally set forth in Exhibit A attached to this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD , COLORADO, as follows:
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Section 1. Confirmation of Assessment Roll.
That the whole cost and apportionment of the same is
hereby approved and confirmed, and said apportionment is hereby
declared to be in accordance with the special benefits which the
property in the District will receive by reason of the construc-
tion of said improvements, and a share of said cost is hereby
assessed to and upon each lot or tract of l and within the District
in the proportions and amounts as set f o rth in the assessment
roll , attached hereto as Exhibit A.
Section 2. Payment of Assessments .
That the assessments shall be due and payable at the office
of the Director of Finance of the City of Englewood , within thirty
days after the final publication of this Ordinance, without demand;
provided that all such assessments may, at the election of the
property owner, be paid in installments, with interest as herein-
after provided . Failure to pay the whole assessment within said
period of thirty days shall be conclusively considered and held
an election on the part of all persons interested, whether under
disability or otherwise, to pay in said installments.
Such election shall be conclusively held and considered
as a waiver of any right to question the power or jurisdiction
of the City of Englewood to construct the improvements, the
quality of work , the regularity or sufficiency of the proceedings,
or the validity or the correctness of the assessments, or the
validity of the lien thereof.
In the event of such election to pay in installments,
the assessments shall be payable at the office of the County
Treasurer of Arapahoe County , Colorado, in ten (10) equal annual
installments of principal, the first of which installments of
principal shall be due and payable on or before the 1st day of
January, 1980, and the remainder of said installments shall be
due and payable successively on or before the 1st day of January
in each year thereafter until paid in full, wi~h inte rest on the
unpaid principal amount at the rate of , <: -$() /o per annum,
commencing on the date of publication o~h~s Ordinance by title
following final passage, and payable each year at the time of pay-
ing installments of assessments.
Section 3. Penalty for Default or Nonpayment.
Failure to pay any installment, whether of principal or
interest, when due shall cause the whole of the unpaid principal
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to become due and payable immediately , and the whole amount of
the unpaid principal and accrued interest shall thereafter draw
interest at the rate of one percent (1 %) per month, or fraction
of a month, until the date of tax sale, as provided by law. At
any time prior to the date of the tax sale, the owner may pay
the amount of all unpaid installments with interest at the rate
of one percent (1%) per month, or fraction of a month, and all
penalties accrued and shall thereupon be restored to the right
thereafter to pay in installments in the same manner as if
default had not been suffered. The owner of any property not
in default as to any installment or payment may, at any time,
pay the whole of the unpaid principal with accrued interest to
the date of the next assessment installment payment date.
Section 4. Discount on Payment of Assessments.
Payments may be made to the Director of Finance at any
time within thirty days after the final publication of this
Ordinance and an allowance of five percent (5%) will be made on
all payments made during such period, but not thereafter. The
discount of 5% shall apply to all such payments, whether the pay-
ment is the entire amount of assessment due or a part of the
assessment. Immediately after the expiration of such thirty-
day period, the assessments shall be certified to the County
Treasurer of Arapahoe County, Colorado, for collection, as pro-
vided by law.
Section 5 . Assessment Lien .
All assessments levied against the real property in
Paving District No. 23, together with all interest thereon and
penalties for default in payment thereof, and all c osts in
collecting the same, shall constitute, from the date of the
final publication of this Ordinance, a perpetual lien in the
several amounts assessed against each lot or tract of land.
Such lien shall have priority over all other liens except general
tax liens, and shall be enforced in accordance with the laws of
the State of Colorado.
If any tract of real property included within Paving
District No. 23 is hereafter divided or subdivided into two or
more such tracts or parcels , the Director of Finance, with the
assistance of the Director of Public Works, is hereby authorized
and directed to divide the assessment against such tract in the
same proportion that the tract itself is subdivided into two or
more such parcels, and to certify the revised assessments to the
County Treasurer of Arapahoe County, Colorado .
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Section 6. Severability.
That if any one or more sections or parts of this
Ordinance shall be adjudged unenforceable or invalid, such judg-
ment shall not affect, impair, or invalidate the remaining
provisions of this Ordinance, it being the intention that the
various provisions hereof are severable.
Section 7. Repealer.
All ordinances, or parts thereof, in conflict herewith
are hereby repealed.
Section 8. Hearing.
In accordance with the City Charter and the Municipal
Code of the City, the City Council shall hold a public hearing
on this Ordinance, before final passage, at 7:00P.M. on Monday,
May 14, 1979.
Section 9. Publication and Effective Date.
This Ordinance, after its final passage, shall be numbered
and recorded, and the adoption and publication shall be authenti-
cated by the signature of the Mayor and the Director of Finance,
ex officio City Clerk-Treasure~ and by the Certificate of
Publication.
Introduced, read in full and passed on first reading on
the 2nd day of April, 1979.
Published as a Bill for an Ordinance on the~/~ day of
April, 1979.
Mayor
Attest:
ex officio City Clerk-Treasurer
I, William D. James, do hereby certify that the above and
foregoing is a true, accurate and complete copy of a Bill for an
Ordinan~~l introduced, read in full and passed on first reading
on the~day of April, 1979.
ex offic1o City Clerk-Treasurer
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EXHIBIT A
Attach Copy of Assessment Roll for Paving District No. 23.
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It was thereupon moved by Council Member
and seconded by Council Member ----~t~h-a-t~-t~h-e~f~o-r_e ____ _
going Bill for an Ordinance, read in full at this meeting as afore-
said, be passed on first reading, and shall be considered for
second reading and final passage at a regular meeting of the City
Council to be held on Monday, June 4, 1979.
The question being upon the adoption of the motion, the
roll was called with the following result:
Those voting YES:
Mayor -James L. Taylor
Mayor Pro Tern -Vernon M. Mann
Council Members:
David B. Clayton
Donald W. Harper
Donald Smith
Donald M. Weber
Donald Williams
Those voting NO:
members of the City Council having voted in
favor of said motion, the presiding officer thereupon declared
the motion carried and the ordinance passed on first reading.
Thereupon, Council Member
introduced and moved the adoptio-n~o~f~t~h~e--·~f~o'l'l~o~w-~r·n-g~~R~e~s~o~l~u-t~~~·o __ n_:_
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RESOLUTION NO.~, SERIES OF 1979.
A RESOLUTION AUTHORIZING THE NOTIFICATION OF PROPERTY OWNERS OF
ASSESSMENTS FOR PAVING DISTRICT NO. 23 AND ESTABLISHING A DATE
FOR A PUBLIC HEARING ON SAID ASSESSMENTS.
WHEREAS, the street paving, curb, gutter and sidewalk
improvements in Paving District No. 23 in Englewood, Colorado,
have been satisfactorily completed and have been accepted by
the City of Englewood; and
WHEREAS, a statement showing the whole cost of said improve-
ments and a proposed apportionment of the same against the
property within the District has been filed with the Director of
Finance; and
WHEREAS, the City Council has considered the special benefits
accruing on each lot or tract of land in the District by reason of
the making of the improvements and has determined that the appor-
tionment of the assessments for said improvements, as set forth
in the assessment roll, is in accordance with such benefits;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as follows:
1. That the Director of Finance is hereby authorized and
directed to notify the owners of the property to be assessed for
said improvements by publication of this Resolution in three
consecutive weekly issues to the Englewood Herald-Sentinel, a
newspaper published and of general circulation in the City of
Englewood, that said improvements have been completed and accepted,
that the cost thereof has been apportioned according to benefits.
That a hearing on the assessment roll and a hearing on the
Ordinance levying the assessments will be held on Monday, May 14,
1979, at the Municipal Building, at 7:00P.M., prior to final
passage of the assessment ordinance. In addition, notice of the
time, date, and place of each hearing shall be mailed to each
property owner to be assessed, with the cost of improvements, on
or about the date of the first publication of this Resolution.
2. The whole cost of said improvements within Paving District
No. 23 is the amount of $312,401.27, said amount including costs
of inspection, collection, incidentals and interest as provided by
law . The Urban Systems Highway Program will pay $224,880.86 toward
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the total cost; the City of Englewood will pay $28,869.45, leaving
the amount of $58,650.96 to be assessed against the property
specially benefited and included within the District. The amount
to be assessed against each lot or tract of land is set forth in
the assessment roll filed with the City Council.
3. That any complaints or objections which may be made in
writing by the owners of land within the District to the City
Council and filed in the office of the Director of Finance on or
before Thursday, May 3, 1979, will be considered and heard by the
City Council at the meeting of the City Council on Monday, May 14,
1979. The City Council shall also hold a public hearing at the
same time on the Ordinance levying the assessments prior to the
final passage thereof.
4. Any complaint or objection to the validity of the assess-
ments, or the proceedings taken therefor, shall be deemed waived
unless presented in writing at the time and in the manner set
forth above.
5. That if any one or more sections or parts of this
Resolution shall be adjudged unenforceable or invalid, such
judgment shall not affect, impair or invalidate the remaining
provisions of this Resolution, it being the intention that the
various provisions hereof are severalbe.
ADOPTED AND APPROVED this 2nd day of April, 1979.
Mayor
Attest:
ex officio City Clerk-Treasurer
I, William D. James, ex officio City Clerk-Treasurer of the
City of Enlgewood, State of Colorado, hereby certify that the ;;/
above is a true, accurate, and complete copy of Resolution No.~,
Series of 1979 .
ex off~c~o C~ty Clerk Treasurer
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Thereupon Council Member seconded
the motion. -------------------------
The question being upon the passage and adoption of the
Resolution, the roll was called with the following result:
Those voting YES:
Mayor -James L. Taylor
Mayor Pro Tern -Vernon M. Mann
Council Members:
David B. Clayton
Donald W. Harper
Donald Smith
Donald M. Weber
Donald Williams
Those voting NO:
The presiding officer thereupon declared that a majority of
thoseCouncil Members present at the meeting having voted i n favor
thereof, the motion was carried and the Resolution duly passed
and adopted.
After considering other business to come before the Council,
the meeting was thereupon adjourned.
Mayor
Attest:
ex offic1o City Clerk-Treasurer
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STATE OF COLORADO
COUNTY OF ARAPAHOE ss.
CITY OF ENGLEWOOD
I, William D. James, Director of Finance of the City of
Englewood, Colorado, do hereby certify that the foregoing pages
numbered to , inclusive, constitute a true and
correct copy of a portion of the record of proceedings of the
City Council of the City of Englewood, Colorado, taken at a
regular meeting of the Council on Monday, April 2, 1979, insofar
as said proceedings relate to the introduction and passage on
first reading of an ordinance levying assessments in Paving Dis-
trict No. 23 and a Resolution relating to the notice of hearing;
that the copy of each is a true and correct copy of the original
thereof as adopted at said meeting; and that the Resolution has
been signed by the Mayor and by me as Director of Finance, ex
officio City Clerk-Treasurer, sealed with the corporate seal
of the City, and recorded in the official records of the City.
IN TESTIMONY WHEREOF, I have hereunto subscribed my
name and affixed the corporate seal of the City at Englewood,
Colorado, this day of , 1979.
Director of Finance
( S E A L ) ex officio City Clerk-Treasurer
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Attach Affidavit of Publication of Ordinance on April 11, 1979
Following First Reading.
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Attach Affidavit of Publication of Notice of Hearing on Assessments
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