HomeMy WebLinkAboutOrdinance-1987-0742INTRODUCED BY COUNCIL MEMBER MERKL
ORDINANCE NO. 742
Series of 1987
TITLE: AN ORDINANCE CREATING THE CITY OF WHEAT RIDGE
SPECIAL IMPROVEMENT DISTRICT NO. 1987-1, IN
THE CITY OF WHEAT RIDGE, COLORADO, ORDERING
THE CONSTRUCTION AND INSTALLATION THEREIN OF
CERTAIN STREET PAVING, CURB AND GUTTER
IMPROVEMENTS, AND STORM DRAINAGE IMPROVEMENTS,
TOGETHER WITH NECESSARY INCIDENTALS; PROVIDING
FOR THE ISSUANCE OF BONDS FOR PAYMENT OF PART
OF THE COST OF IMPROVEMENTS; AND PROVIDING
OTHER DETAILS IN CONNECTION WITH THE DISTRICT.
WHEREAS, a petition has been filed with the City Clerk
of the City of Wheat Ridge, Colorado, requesting the organization
of a special or local improvement district for the construction
and installation of certain improvements therein, pursuant to
Chapter XIII of the Home Rule Charter and Chapter 10 of the
Municipal Code of the City; and
WHEREAS, Section 10-5 of the Code provides that at the
regular meeting immediately following the filing of the petition,
the City Council shall set a date,for the hearing on the petition,
which date shall not be less than thirty (30), nor more than sixty
(60) days after the date upon which the petition was filed with
the City Clerk; and
WHEREAS, at the regular meeting of the city council on
October 26, 1987, which was the regular meeting immediately
following the filing of the petition, the City Council set the
date of Monday, November 23, 1987, for the hearing on the creation
of the district; and
WHEREAS, the hearing date was not less than thirty (30)
nor more than sixty (60) days after the date on which the petition
was filed; and
WHEREAS, pursuant to Section 10-5(b) of the Municipal
Code, notice of hearing was published once a week for three (3)
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consecutive weeks in the Wheat Ridge Sentinel, a newspaper of
general circulation in the City, and a copy of the notice was
mailed to each owner of record of real property within the
proposed district; and
WHEREAS, the City Council met at the time and place set
forth in the notice, for the purpose of hearing and considering
all complaints or objections relating to the creation of the
district; and
WHEREAS, all complaints and objections having been duly
heard and considered, and it appearing that the petition contains
the requisite number of qualified signatures and that the
allegations of the petition are true, the City Council has further
determined to accept the petition and proceed with the creation of
the district and the construction and installation of the
improvements;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Creation of District. The City Council has
determined that the petition filed with the City Clerk contains
the requisite number of qualified signatures and that the
allegations of the petition are true. A special improvement
district for the construction and installation of certain street
paving, curb and gutter improvements, and storm drainage
improvements, together with necessary incidentals, hereinafter
described, is hereby created and established in accordance with
the City Charter, Chapter 10 of the Municipal Code of the City,
and the laws of the State of Colorado, and shall be known and
designated as "City of Wheat Ridge Special Improvement District
No. 1987-111. All proceedings heretofore taken and adopted in
connection with the District are hereby ratified, approved and
confirmed.
Section 2. Approval of Engineering Plans. The
Engineer's preliminary reports, together with all of the details,
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specifications, estimates, maps and schedules thereto attached or
appended, are hereby approved and adopted.
Section 3. Boundary of District. The boundary of the
District shall include generally the real property extending 530'
north from the center line of the proposed W. 49th Ave./W. 48th
Ave. [I-70 Frontage Road] improvements (described in Area No. 1)
but excluding public right-of-way for streets and right-of-way for
utility transmission lines; and Area Nos. 2 and 3 south of the
proposed improvements as follows:
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Area No. 1 being that land lying within a distance of 530.00 feet North,
perpendicular and concentric to the alignment of the centerline of the
proposed improvements described below except for that portion that lies
within the property described in Reception Number 82078203 of the records
for Jefferson County, Colorado:
Area No. 2 being that land lying South of the centerline of the proposed
improvements described below and bounded by the West right-of-way line for
Tabor Street on the East; the South line of Section 17, US, R69W, on the
South; and the north-south centerline of the SE 1/4 of Section 17 on the
West:
Area No. 3 being that land lying South of the centerline of the proposed
improvements described below and bounded by the West right-of-way line for
Kipling Street on the East; the North line of the right-of-way for I-70 on
the South; and by the West line of the property described in Book 2357,
Page 73 of the records for Jefferson County Colorado on the West:
The following is the description for the alignment of the centerline
of the proposed improvements for West 49th Avenue/West 48th Avenue (I-
70 Frontage Road) from Ward Road to Kipling Street, said alignment
being more particularly described as follows:
Beginning at the S 1/4 corner of Section 17, 173S, R69W, of the 6th
Principal Meridian, thence N 0°18'42" W along the centerline of
Section 17 a distance of 49.93 feet to the True Point of Beginning;
Thence N°89 07'50" E a distance of 651.01 feet;
Thence along the arc of a curve concave to the right a distance of
184.30 feet, said curve having a radius of 1,000.00 feet and a chord
of 184.04 feet bearing S 85°35'23" E;
Thence S 80°18'36" E a distance of 104.75 feet;
Thence along the arc of a curve concave to the left a distance of
357.37 feet, said curve having a radius of 337.03 feet and a chord of
340.86 feet bearing N 69°18'48" E;
Thence N 38°56'12" E a distance of 218.27 feet;
Thence along the arc of a curve concave to the right a distance of
785.23 feet, said curve having a radius of 337.03 feet and a chord of
619.30 feet bearing S 74'19'08" E;
Thence along the arc of a curve concave to the left a distance of
593.72 feet, said curve having a radius of 337.03 feet and a chord of
519.87 feet bearing S 58°02'25" E;
Thence N 71°29'38" E a distance of 229.00 feet to a point on the West
line of Section 21 being S 0°31'40" E from the NW corner of said
Section 21 a distance of 87.47 feet;
Thence continuing N 71°29'38" E a distance of 228.53 feet;
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Thence along the arc of a curve concave to the right a distance of
1,847.91 feet, said curve having a radius of 5,899.58 feet and a chord
of 1,840.36 feet bearing N 80°28'02" E;
Thence N 89°21'06" E a distance of 620.97 feet to a point on the
centerline of Section 16 being N 0°12'58" W from the S 1/4 corner of
said Section 16 a distance of 270.97 feet;
Thence continuing N 89°21'06" E a distance of 1,681.43 feet;
Thence along the arc of a curve concave to the left a distance of
262.09 feet, said curve having a radius of 954.93 feet and a chord of
261.27 feet bearing N 81°35'18" E;
Thence along the arc of a curve concave to the left a distance of
221.36 feet, said curve having a radius of 337.03 feet, and a chord
of 217.40 feet bearing N 54°54'36"E;
Thence N 36°08'07" E a distance of 111.29 feet;
Thence along the arc of a curve concave to the right a distance of
314.02 feet, said curve having a radius of 337.03 feet and a chord of
302.78 feet bearing N 62°47'10" E;
Thence N 89°28'40" E a distance of 205.54 feet to a Point of Terminus
on the East line of Section 16 being N 0°12'29" W from the SE corner
of said Section 16 a distance of 658.12 feet.
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Section 4. Description of Improvements. The kind of
improvements are as follows:
W. 49th Avenue will be reconstructed west
of Kipling Street to align with the I-70 fron-
tage road east of Miller Street. From Miller
Street to Tabor Street the improvements will
follow the existing I-70 frontage road. W. of
Tabor Street, a new alignment for W. 48th
Avenue will be established to the intersection
of W. 48th Avenue and Van Gordon Street.
Between Van Gordon Street and Ward Road, exis-
ting W. 48th Avenue will be widened. Tabor
Street, at its intersection with the proposed
48th Avenue improvements, will be realigned
into 2 "T" intersections. The improvements
shall include necessary excavation and
grading, asphalt pavement, with a street width
varying from 36' to 44' from flowline to flow-
line; curb and gutter improvements; sidewalk
along designated portions on the north side of
the street; necessary storm drainage improve-
ments, and other incidental construction items
for the completion of the street improvements.
Section 5. Improvements Authorized. The construction
and installation of the improvements in and for the District, as
shown by the preliminary plans, specifications and maps thereof,
prepared by the Engineer and approved by the City Council of the
City and now on file in the office of the City Clerk, be and the
same is hereby authorized and ordered, the materials to be used in
the construction of said improvements to be in accordance with
such maps, plans and specifications.
Section 6. Cost of Improvements. The estimated
construction costs of the project are as follows:
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Estimated total cost: $1,510,000
Portion of the total cost
to be paid by the City: 260,000
Portion of the total
cost to be assessed: 1,250,000
The method of assessment shall be in accordance with the
petition, and is as follows:
The assessment for the cost of the project,
including, construction, engineering, fiscal, legal and adminis-
trative expenses, will be assessed as follows:
(i) 50% of the cost will be assessed on a front
foot basis, according to the lineal front feet of each
lot or tract of real property abutting on the north side
of the improvements consisting of W. 49th Avenue/W. 48th
Avenue [I-70 Frontage Road] from Kipling Street west to
Ward Road - as shown in Area No. 1 on Exhibit No. 1, and
against the real property abutting on the south side as
shown in Area Nos. 2 and 3.
(ii) 50% of the cost will be assessed on an area
basis according to the total square footage of each lot
or tract of real property situated within 530' north of
the said center line as indicated in Area No. 1,
including the total square footage of Area No. 3 but
excluding Area No. 2.
Provided, however, that an adjustment shall be made for
all real property presently zoned for residential purposes
(Baptist Home Association) ; the assessment for all such real
property pursuant to (i) and (ii) above shall be based on one-half
(1/2) of what the actual assessment would otherwise be.
Certain credit will be given for any improvements
already constructed and installed which are in accordance with
City engineering standards and which are acceptable to the City.
Section 7. Payment of Assessments. The assessments to
be levied for the improvements shall be due and payable within
thirty days after the final publication of the assessing ordinance
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and an allowance of five percent (5%) shall be made on all pay-
ments made during such period, but not thereafter. However, all
such assessments may be paid, at the election of the owner, in ten
(10) installments of principal with interest on unpaid install-
ments at a rate as shall later be determined by the City Council
and set forth in the assessing ordinance. The rate of interest
shall approximate the rate of interest on special assessment bonds
of the City to be issued for the project. The installments of
assessments shall be due and payable at such times as may be
determined by the City Council and set forth in the assessing
ordinance.
Section 8. Special Improvement Bonds. Pursuant to the
City Charter, Chapter 10 of the Municipal Code, and the laws of
the State of Colorado, local improvement bonds of the City shall
be issued for the purpose of paying part of the cost of the local
improvements described in this Ordinance, in the amount assessed
against the property specially benefited. The bonds shall be
issued based upon estimates approved by the City Council, and as
authorized by an ordinance to be passed by the City Council at a
later date. The bonds and the interest thereon shall be payable
out of special assessments to be levied against the real property
included within the District and specially benefited by the
improvements to be constructed and installed. The bonds shall not
be considered an indebtedness of the City within the meaning of
the Home Rule Charter and in accordance with Section 13.3(e) of
the Charter, shall not be subject to any debt limitation nor
affect the City's debt incurring power, nor shall such bonds be
required to be authorized at an election; and such bonds shall not
be held to constitute a prohibited lending of credit or donation,
nor to contravene any constitutional, statutory, or charter
limitation or restriction.
Section 9. Construction Bids. At such time as the
plans and specifications for construction have been completed, the
City Council shall consider a resolution providing for notice to
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be given to contractors for the submission of bids for the
construction of the project, in accordance with Section 10-7 of
the Municipal Code.
Section 10. General Benefits. The City Council hereby
finds and determines that the improvements proposed to be
constructed and installed will confer a special benefit upon the
property within the District and a general benefit upon the City
as a whole.
Section 11. Repealer. All ordinances or resolutions,
or parts thereof in conflict herewith are hereby repealed.
Section 12. Severability. Should any one or more
sections or provisions of this Ordinance be judicially determined
invalid or unenforceable, such determination shall not affect,
impair or invalidate the remaining provisions hereof, the
intention being that the various provisions hereof are severable.
Section 13. Recording and Authentication. This
Ordinance shall be numbered and recorded in the official records
of the City; the adoption and publication shall be authenticated
by the signatures of the Mayor or Mayor Pro Tem and the City Clerk
and by the certificate of publication.
Section 14. Effective Date. This Ordinance shall be
effective fifteen (15) days from the date of final publication of
the ordinance.
INTRODUCED, READ, AND ADOPTED on first reading by a vote
of 7 to 0 on this 14th day of December , 1987, ordered
published in full in a newspaper of general circulation in the
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City of Wheat Ridge and public hearing and consideration on final
passage set for December 28 , 1987, at 7:30 P.M. , in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 6 to 0 this 28th day of December ,
1987.
SIGNED by the Mayor on this 28th day of December ,
1987.
Dan Wilde, Mayor
ATTEST:
Wanda Sang, Ci Clerk
APPROVED AS TO FORM BY
OFFICE O CITY--ATTORNEY
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1st Publication: December 17, 1987 John E. Hay
;
2nd Publication: December 31, 1987 /
Effective Date: January 15, 1988
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EXHIBIT I
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