HomeMy WebLinkAbout840243.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING THE PAVING OF A PORTION OF
14TH STREET, FORT LUPTON, COLORADO
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , at the Board meeting of December 31 , 1984 ,
representatives of the City of Fort Lupton requested that Weld
County participate in the cost of paving a portion of 14th Street,
also known as Weld County Road 14h, in and adjacent to the City of
Fort Lupton, and
WHEREAS, Weld County has a grader shed located in this area,
with the front footage of the grader shed totaling approximately
eighty feet along said street, and
WHEREAS, after consideration, the Board deems it advisable to
participate financially in the paving of a portion of 14th Street,
such participation to be limited to ten percent of the total cost
of the project plus the lineal footage charge for the
approximately eighty feet of footage in front of the Weld County
grader shed which is located along this street, with the total
amount not to exceed $24 ,800 .
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that Weld County will
participate financially in the paving of a certain portion of 14th
Street in and adjacent to the City of Fort Lupton.
BE IT FURTHER RESOLVED by the Board that the participation of
Weld County be , and hereby is , limited to ten percent of the total
cost of the project plus the lineal footage charge for the
approximately eighty feet of footage in front of the Weld County
grader shed which is located in this area with the total amount
not to exceed $24 ,800 .
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The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 31st day of
December, A.D. , 1984 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: 1110. -'dtnt{ =y '" '1°i'/ WELD COUNTY, COLORADO
Weld County Clerk and Recorder —
and Clerk to the Board Norman Carlson, Chairman
J cque ne Jo n o ; Pro-Tem
eputy County erk /
APPR VED AS TO FORM: �R. : antner
C uck Carls n
County Attorney -. es'
ohn T. Marti
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OFFICE OF BOARD OF COUNTY COMMISSIONERS
PHONE(303)356-4000, EXT. 4200
' P.O. BOX 758
GREELEY,COLORADO 80632
C
COLORADO
July 10, 1984
City of Ft. Lupton
Ft. Lupton,
Colorado
Dear Mayor and Council Members:
The Board of County Commissioners have reviewed your request for the joint
creation of a local improvement district to pave portions of 14th Street
shared by the County and City of Ft. Lupton. Based upon a review of the
situation, the Board believes that the paved road would primarily serve two
industrial sites included within the city's boundaries. Based upon our County
Attorney's advise it would be very difficult to show benefit to the railroad
and landowners in the unincorporated areas along the road in a local
improvement district assessment hearing.
The Board, for these reasons, recommends that the City of Ft. Lupton consider
annexation of certain adjacent areas along 14th Street or at least the roadway
itself. The two benefitting industrial sites could then be assessed a more
equitable portion of road costs in relationship to their benefit. This
approach appears to be the most equitable and economical approach to the
problem.
The Board desires to work with the City of Ft. Lupton in a cooperative manner
to resolve this problem and would like to hear your reaction to this approach
or other alternatives you may have.
Very truly yours,
BOARD OF COUNTY CO 8510 RS
Borman Carlson
Chairman
NC/ch
‘47, 47: mEMORAnDum
W�`P Don Warden June 18 , 1984
To Date
Lee D. Morrison, Assistant County Attorney
COLORADO From
Ft. Lupton Annexation: 14th Street
Subject:
You have asked what requirements must be met in order for a
municipality to annex property which is two-thirds surrounded by
the municipality. Until recently, the requirements for annexa-
tion were covered by CRS, §31-12-106 , and would allow annexation
without an election where an area had more than two-thirds
boundary contiguity with the annexing municipality for a period
of not less than three years. However, a constitutional amend-
ment adopted in 1980 , Article II, Section 30 , allows annexation
without a majority vote of both the landowners and registered
electors in the area proposed to be annexed only if there is a
petition for annexation for the area signed by more than 50% of
the landowners or the area is entirely surrounded or solely owned
by the annexing municipality. The effect of this constitutional
amendment was to eliminate annexations without elections for
those areas with two-thirds boundary contiguity even though the
Legislature has never amended the law to comport with the
constitutional amendment.
The second question is whether or not railroad property may be
specially assessed. There does not appear to be any law within
§30-20-601 , et seq. , regarding railroads. The related provision
found in the Municipal Codes under 31-25-501 , et seq. , does have
a provision relating to assessing grading and paving to a rail-
road whose tracks run through or across any street for a distance
two feet of either side of each track and within the interior of
the track. There are no particular provisions in the municipal
statute regarding assessment of railroad land other than around
the tracks although any assessment would have to be in accordance
with the benefits to be valid. Finding benefits to a railroad
right-of-way from the improvement of a road may be difficult
unless there is improved access benefiting an existing use of the
property or a solution to a drainage problem on railroad
property.
Any property taxation would also require scrutiny under federal
law (Quad-R Act) to assure that it does not discriminate against
rail carriers, under 49 U.S.C. §11503 as judged against other
commercial and industrial property.
In summary, it would appear that the County could assess the
adjacent railroad property if there was a special benefit to that
property but that the County local improvement district lacks
authority to assess the railroad for that portion of the line
crossing the road. A district established by the town would not
Don Warden
Page 2
June 18 , 1984
lack this power although an assessment of the railroad property
adjacent to the road would still require a showing of special
benefits to that property.
eel . Morris n
Assistant County Attorney
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WELD CMIDITT BU KSSIl1P#P.S
171577 Tri
RESOLUTION NO. 0 MAY291985
A RESOLUTION SETTING A PUBLIC HEARI G O,QI,,, THE
PROPOSED ASSESSMENT ROLL FOR SPECIAL
IMPROVEMENT DISTRICT NO. 1985-1 IN THE CITY OF
FORT LUPTON, COLORADO.
WHEREAS, the total cost of constructing and installing
street paving , curb and gutter, sidewalk , street lighting and
related drainage improvements, together with necessary incidentals
within Special Improvement District No. 1985-1 , in the City of
Fort Lupton, Colorado, has been definitely ascertained; and
WHEREAS , the City Council has determined to assess the
cost of improvements against the property included within the
District and specially benefited by the construction and
installation of said improvements; and
WHEREAS, a statement showing the whole cost of the
improvements, the portion to be paid by the City , and an
assessment roll showing the amount of each assessment have been
prepared and filed in the office of the City Clerk ; and
WHEREAS, the City Council has considered the special
benefits accruing to each lot or tract of land in the District by
reason of the making of the improvements and has determined that
the apportionment of the assessments for said improvements is in
accordance with such benefits;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
LUPTON, COLORADO:
1. That the City Clerk shall given notice that the
assessment roll has been completed and of a hearing on the
assessment roll by publication in at least one issue of the Fort
Lupton Press, a newspaper of general circulation in the City, the
publication to be at least fifteen ( 15) days prior to the date of
hearing. In addition, the same Notice shall be mailed by first-
class mail to each property owner to be assessed for the cost of
the improvements who is included within the District. Such mailed
Notice shall be made on or about the date of the publication of
the Notice of Hearing.
The Notice shall be in substantially the following form:
- 1 -
PUBLIC NOTICE FOR THE COMPLETION OF THE
ASSESSMENT ROLL FOR SPECIAL IMPROVEMENT
DISTRICT NO. 1985-1 , IN THE CITY OF FORT
LUPTON, COLORADO, AND OF A HEARING ON THE
ASSESSMENT ROLL.
TO ALL PERSONS INTERESTED GENERALLY and to the owners of
property to be assessed with the cost of improvements within
Special Improvement District No. 1985-1 , in the City of Fort
Lupton, Colorado, notice is hereby given:
(a ) That the total cost of constructing and installing
improvements within the District is $ 224,904
(b) That the portion of the total cost to be paid by
the City is $21 .099
(c) That the share apportioned to each lot or tract of
land within the District and assessed for the improvements is
$ anj Rn5 , as follows:
- 2 -
( Attach Assessment Roll )
1%5_1 SFECI.AL 1MPPOlEME\T DISTREI A5hE`,[ML',T POLL
11th Street East
Housing Corporation of Fort Lupton $ 4,601
R.H. Pierce Manufacturing Co. $ 60,560
Golden Recycle Co. $ 105,247
Weld County $ 24,500
North Broadway Avenue
Anthony and Phyllis Bueno $ 4,829
Brad L. and Donna M. Carrillo $ 4,068
3 — ,
( d) That any complaints or objections which may be made
in writing by the property owners or any citizen to the City
Council , and filed in writing in the office of the City Clerk on
or before the date of the hearing, will be heard and determined by
the City Council before the passage of an ordinance assessing the
cost of said improvements. The amount of the assessment to be
levied for the improvements will be due and payable within thirty
days after the final publication of the assessing Ordinance and an
allowance of five percent ( 5 %) shall be made on all payments made
during such period, but not thereafter. However, all such
assessments may be paid , at the election of the owner, in ten ( 10)
equal annual installments with interest as will be more
particularly set forth in the assessment Ordinance.
(e) Complaints or objections to the proposed
assessments will be heard by the City Council on Wednesday, June
25, 1985, at 7.30 P.M. , at the City Hall in Fort Lupton,
Colorado.
WITNESS my hand and official seal of the City, this 22nd
day of May , 1985.
( S E A L ) /s/ Victor R. Moculeski
City Clerk
Publish in: Fort Lupton Press
Publish on: May 30, 1985
- 4 -
2. That after the hearing on the assessment roll, the
City Council will consider an ordinance levying assessments
against the property specially benefited and included within the
District , and providing for the collection and enforcement of such
assessments.
3. 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 thereof are severable.
ADOPTED AND APPROVED this 22nd day of May , 1985.
( S E A L ) / 49114telk I i-ta , 1 ,ZL t_o
Mayor
ATTESTED: MI-Ce/t 7;6t
/7
C t Jerk
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