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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) - 1 - 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, - 2 - 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: - 3 - 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; - 4 - 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. - 5 - 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: - 6 - 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 - 7 - 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 - 8 - 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 - 9 - 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 i 1 1st Publication: December 17, 1987 John E. Hay ; 2nd Publication: December 31, 1987 / Effective Date: January 15, 1988 - 10 - EXHIBIT I - 11 -