HomeMy WebLinkAboutOrdinance-1988-0751RK'*CORDED 'IN
COUNTY OF ,JE''"'ERSON
- tilrarOF COLS ,ADO
R E C.EP'r oN No. 86063163
06/22/88 -14,.-30 27"00
INTRODUCED BY COUNCIL MEMBER WORTH
ORDINANCE NO. 751
Series of 1988
TITLE: AN ORDINANCE LEVYING ASSESSMENTS UPON THE REAL
PROPERTY WITHIN THE CITY OF WHEAT RIDGE
SPECIAL IMPROVEMENT DISTRICT NO. 1987-1, FOR
PART OF THE COST OF THE IMPROVEMENTS TO BE
CONSTRUCTED AND INSTALLED IN THE DISTRICT; AND
PRESCRIBING THE MANNER FOR THE PAYMENT AND
COLLECTION OF SAID ASSESSMENTS.
WHEREAS, by Ordinance No. 742, Series of 1987, finally
passed and adopted on December 28, 1987, the City Council of the
City of Wheat Ridge, Colorado, has created the City of Wheat Ridge
Special Improvement District No. 1987-1, for the purpose of
constructing and installing certain street paving, curb and gutter
improvements, and storm drainage improvements, together with
necessary incidentals, in the District; and
WHEREAS, the total cost of the construction and
installation of the improvements has been reliably ascertained and
is the amount of $1,510,000 and is based on the petition for
organization and on the estimates of cost prepared by the project
engineer; and
WHEREAS, the city will pay approximately $260,000 toward
the total cost of the project, the balance in the amount of
$1,250,000 to be assessed against the real property specially
benefited by the construction and installation of the improvements
and included within the District; and
WHEREAS, the City Council has determined to apportion a
share of the cost to each lot or tract of land in the District, in
accordance with the benefits to be derived by said real property
and in the proportions and amounts severally set forth in the
assessment roll approved by the City Council; and
WHEREAS, prior to the final passage of this ordinance,
the City Council shall, by resolution, set a time and place for a
- ]
public hearing on the proposed assessments, and, subject to
changes as a result of the public hearing, the City Council has
determined to assess part of the cost of the improvements against
those lots and tracts of land and in the amounts as are more 'alz
particularly set forth in the assessment roll certified to the
city council;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Confirmation of Assessment Roll. That the
total cost and apportionment of the same, as set forth in the
assessment roll is hereby approved and confirmed. Said
apportionment is hereby declared to be in accordance with the
special benefits which the real property in the District will
receive by reason of the construction of said improvements. A
share of said cost is hereby assessed to and upon each lot or
tract of land within the District in the proportions and amounts
set forth in the assessment roll, as filed in the office of the
City Clerk, and as attached hereto as Exhibit A. Provided,
however, in the event that the actual cost cf the project is 1--ss
than the estimated total cost, the amount of the assessment
against each lot shall be decreased accordingly, at a later date
by an amendment to the assessment ordinance.
Section 2. Payment of Assessments. That the assess-
ments shall be due and payable at the office of the City Treasurer
of the City, within thirty days after the publication of the
Ordinance following final passage, without demand; provided that
all such assessments may be paid, at the election of the property
owner, in installments, with interest as hereinafter set forth.
Failure to pay the whole assessment within said period of thirty
days shall be conclusively considered to be an election on the
part of all persons interested, whether under disability or
otherwise, to pay in installments.
ICE C;E::P1'10N NO. E3806:3'16:3
- 2 -
An allowance of 5% shall be made on all payments of
assessments made during such thirty day period of time, but not
thereafter.
Such election shall be conclusively considered to be a
waiver of any right to question the power or jurisdiction of the
City to construct the improvements, the quality of the work, the
regularity or sufficiency of the proceedings, 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 in ten (10) amortized
installments of principal and interest, payable on each April 30,
commencing on April 30, 1989. The tenth and last installment of
assessments will be due and payable on April 30, 1998. Interest
on unpaid assessments is at the rate of 10% per annum. All
payments may be made at the office of the County Treasurer of
Jefferson County, in Golden, Colorado.
Section 3. Penalty for Default or Non-Payment. Failure
to pay any installment, whether of principal or, Jnterest; when Hue
shall cause the whole of the unpaid principal to become due and
payable immediately. The whole amount of the unpaid principal and
accrued interest shall thereafter draw interest at the rate
established pursuant to Section 5-12-106(2) and (3), C.R.S., 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 penalty rate set by this
ordinance and all penalties and costs of collection 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.
RECEP'T'ION NO. £38063163
- 3 -
Section 4. Assessment Lien. All assessments levied
against the real property in the District, 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 over all other liens except general
tax liens, and shall be enforced in accordance with the laws of
the State of Colorado. A copy of the assessment ordinance after
its final adoption shall be filed with the County Clerk and
Recorder of the County wherein each lot or tract of land assessed
is located, for recording on the land records of such lots or
tracts of land.
Section 5. Assessments Against Divided or Subdivided
Tracts. If any tract of real property included within the
District is hereafter divided or subdivided into two or more such
tracts or parcels, the City Clerk 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 mire
such parcels, and to certify the revised assessments to the County
Treasurer of Jefferson County, Colorado.
Section 6. Notice of Payment of Assessments. The City
Clerk shall cause notice of assessments due to be published one
time, on the same day as the final publication of the Ordinance.
Such notice shall set forth the place of payment and the time for
the thirty day period to close, and shall be in substantially the
following form:
RECEPTION NO.- 8806316".3
- 4 -
NOTICE OF ASSESSMENTS DUE FOR IMPROVEMENTS
CONSTRUCTED IN CITY OF WHEAT RIDGE
SPECIAL IMPROVEMENT DISTRICT NO. 1987-1
PUBLIC NOTICE IS HEREBY GIVEN that all assessments or
any portion of the assessment levied against real property with
the City of Wheat Ridge Special Improvement District No. 1987-1,
in the City of Wheat Ridge, may be paid at the office of the City
Treasurer, at any time on or before Tuesday, May 31, 1988, which
is not less than thirty (30) days after publication of the
assessment ordinance upon its final passage, without penalty,
interest or costs. An allowance of 5% shall be made on all
payments of assessments made during such thirty day period of
time, but not thereafter.
All assessments or parts thereof not paid on or before
the expiration of said thirty day period will bear interest at a
rate not to exceed 10% per annum.
In the event of such election to pay in installments,
the assessments shall be payable in ten (10) amortized annual
installments of principal and interest, payable on each April 30,
commencing on April 30, 1989. The tenth and last installment of
assessments will be due and payable on April 30, 1998. All
payments may be made at the office of the County Treasurer of
Jefferson County, in Golden, Colorado.
Ftl:::(CI:I' f':fO~I NO. 8806,3-163
- 5 -
If the amount of the assessment is paid in full any time
after the end of the thirty day period, interest on such amount to
the next installment payment date of assessments will be added.
IN WITNESS WHEREOF, I have hereunto subscribed my name
and affixed the seal of the City of Wheat Ridge, as of the 25th
day of April, 1988.
yes
9 E re v)
F 4is
PuS'I~sh iris: J Wheat Ridge Sentinel
PU15i' on: April 28, 1988
/s/ Wanda Sang
City Clerk
Wheat Ridge, Colorado
t4(). 88063.163
4
- 6 -
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
invalidate the remaining provisions of this Ordinance, it being
the intention that the various provisions hereof are severable.
Section 8. Repealer. All ordinances or parts thereof
in conflict with this Ordinance are hereby repealed.
Section 9. Recording and Authentication. This Ordi-
nance 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 10. Effective Date. This Ordinance shall be
effective fifteen (15) days from the date of final publication of
this ordinance.
INTRODUCED, READ AND ADOPTED on first reading by a vote
of 8 to 0 on this 14th day of March, 1988, ordered
published in full in a newspaper of general circulation in the
No,, ~:1806'316J
- 7 -
City of Wheat Ridge and public hearing and consideration on final
passage set for April 25, 1988, 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 8 to 0 , this 25th day of April
1988.
SIGNED by the Mayor on this 26th day of April , 1988.
ATTEST;:
;',WW `nda Sang, City C erk
Dan Wilde, Mayor
APPROVED AS TO FORM BY
OFFICE OF Y ~TORNEY
,f' John E.,
1st Publication: March 17, 1988
2nd Publication: April 28, 1988
Effective Date: May 13, 1988
REC:EI" Y TON NO. 80063-163
- 8 -
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