HomeMy WebLinkAbout20030124.tiff RESOLUTION
RE: DECLARING THE INTENT OF THE BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, COLORADO, TO CREATE A LOCAL IMPROVEMENT DISTRICT
WITHIN THE COUNTY, TO BE DESIGNATED AS WELD COUNTY CHAMBERS
TRACTS SUBDIVISION WATER AND SEWER LOCAL IMPROVEMENT DISTRICT
NO. 2003-1, ADOPTING DETAILS AND SPECIFICATIONS THEREFORE, ORDERING
THE PUBLICATION AND MAILING NOTICES OF HEARING TO THE OWNERS OF
PROPERTY IN SAID DISTRICT
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, in accordance with Section 30-20-603, C.R.S., certain local improvements
may be initiated by action of the Board of County Commissioners upon Petition subscribed by
owners of property who would bear more than one-half of the total proposed assessments
within the district, and
WHEREAS, the Board of County Commissioners has determined to create a Local
Improvement District ( LID) which includes all or portions of SW1/4 NE1/4 of Section 31,
Township 1 North, Range 66 all in relation to the 6th P.M., in an unincorporated portion of Weld
County, Colorado, in an area generally known as Chambers Subdivision.
WHEREAS, the Board finds it is in the best interest of the inhabitants of the area to
provide the following improvements:
Water and sewer lines connected and a sewer lift station to the
main water and sewer systems of the City of Brighton, Colorado,
to be laid within the rights-of-way of the Chambers Tracts
Subdivision, as said rights-of-way are shown on the document
recorded at Reception #1303141, in the office of the Weld County
Clerk and Recorder.
WHEREAS, Weld County will provide all administrative work for the creation of the LID
separate from the creation of the local improvement district, and
WHEREAS, the Board of County Commissioners shall consider all protests and
objections that may be made in connection with the proposed improvements, before ordering
the construction thereof, and
WHEREAS, preliminary plans, specifications, estimates of costs, maps, and schedules
for the proposed improvements have been presented to the Board of County Commissioners in
the form of a bid proposal from Levi Contractors, Inc. and
WHEREAS, in accordance with Title 30, Article 20, Part 6, it is necessary that a
preliminary order be made, adopting full details and specifications, describing the materials to
be used, determining the number of installments and time in which the cost of the
improvements shall be payable, the rate of interest to be paid on unpaid and deferred
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RE: DECLARE INTENT TO CREATE CHAMBERS TRACTS SUBDIVISION LID #2003-1
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installments, estimate of costs and a schedule showing approximate amounts to be assessed
on the lots and parcels of the property within the district and those benefitted by the district, and
WHEREAS, this Resolution has been considered at a public meeting of the Board with
informal notice by letter to each of the owners according to the records of the Weld County
Assessor of property located within Chambers Tracts Subdivision in the SW 1/4 NE1/4 of
Section 31, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, and
WHEREAS, after consideration of the petition and testimony at the meeting, it has been
determined that the improvements described hereinafter are primarily for the benefit of the
owners of the property described as Tracts 6 through 22 inclusive, and the west 65 feet of
Tract 5, Chambers Tracts Subdivision, but excluding the remainder of Tract 5 as more
particularly described in Exhibit"A" herein, and that the benefits are most equitably shared on
an equal amount per lot or parcel, and
WHEREAS, the Board of County Commissioners is authorized, pursuant to
Section 30-20-606(1), C.R.S., to determine special benefits for the purposes of assessing
particular property within a Local Improvement District, and
WHEREAS, this Resolution shall constitute the preliminary order required by the law.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado:
A. That the Board of County Commissioners of Weld County does hereby declare
its intent to create a Local Improvement District within the County, for the
construction and installation of the water and sewer improvements more
particularly described in the notice hereinafter set forth.
B. That the bids, together with preliminary details, specifications, estimates of costs,
maps and schedules are hereby approved and adopted by the Board of County
Commissioners for the proposed use in the construction of the improvements to
be made in the proposed improvement district.
C. That the materials to be used in constructing the proposed improvements are
stated in the notice hereinafter set forth.
D. That the assessment to be levied for the improvements shall be due and payable
within thirty (30) days after the effective date of the assessing Resolution.
However, all such assessments may be paid at the election of the owner, in 20
equal, annual installments of principal with installments of interest on unpaid
installments at an interest rate of five percent (5%) simple interest per annum.
The first of said installments of assessment shall be due and payable at such
time as will be indicated in the assessing Resolution. The remainder of the
annual installments of assessments and annual payments of interest shall be
due and payable successively on the same days and each year thereafter until
all are paid in full.
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E. That the property to be assessed for said improvements shall be the properties
specifically benefitted by said improvements and more particularly described in
the notice.
F. The Clerk to the Board shall give notice of the hearing on the construction of the
improvements by publication in one (1) issue of the South Weld Sun, said
publication to be not less than thirty (30) days prior to the date of the hearing. In
addition, the notice, being a brief written synopsis for the proposed
improvements pursuant to Section 30-20-603(2)(b), C.R.S., shall be delivered or
mailed by First Class mail to each property owner within the proposed district.
The delivered or mailed notice shall be made not less than ten (10) days before
the hearing. Said notice shall be in substantially the following form:
NOTICE
OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN
WELD COUNTY, COLORADO, TO BE KNOWN AS WELD COUNTY
CHAMBERS TRACTS SUBDIVISION WATER AND SEWER LOCAL
IMPROVEMENT DISTRICT NO. 2003-1, FOR THE PURPOSE OF
CONSTRUCTING AND INSTALLING WATER AND SEWER LINES AND
SEWER LIFT STATION CONNECTED TO THE MAIN WATER AND SEWER
SYSTEMS OF THE CITY OF BRIGHTON, COLORADO, TOGETHER WITH
ANY NECESSARY INCIDENTALS, AND OF A PUBLIC HEARING THEREON.
All owners of real estate and property hereinafter described and all
persons generally, are hereby notified that the Board of County Commissioners
of Weld County, Colorado, has adopted a Resolution declaring its intent to
create a local improvement district within an unincorporated area of Weld
County, Colorado, to be designated as Weld County Chambers Tracts
Subdivision Water and Sewer Local Improvement District No. 2003-1, for the
purpose of constructing and installing water and sewer lines and a sewer lift
station connected to the main water and sewer systems of the City of Brighton,
Colorado, together with any necessary incidentals, and to assess the cost of said
improvements as proposed by petition of owners of the property who would bear
more than one-half of the total proposed assessment within the district, all in
accordance with the laws of the State of Colorado.
DOCKET NO. 2003-05
DATE: February 17, 2003
TIME: 10:00 a.m. in the First Floor Hearing Room of the Weld County
Centennial Center, 915 Tenth Street, Greeley, Colorado.
1. All persons are further notified that the kind of improvements proposed
are as follows:
Water and sewer lines and a sewer lift station connected
to the main water and sewer systems of the City of
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Brighton, Colorado, to be laid within the rights-of-way of
the Chambers Tracts Subdivision, as said rights-of-way
are shown on the document recorded at Reception
#1303141, in the office of the Weld County Clerk and
Recorder.
The major construction quantities consist of 1,610
linear feet of eight (8) inch water lines, 1,300 linear feet
of eight (8) inch sewer line, and a sewer lift station.
THE LOCAL IMPROVEMENT DISTRICT WILL NOT ASSUME THE
COSTS OF TAPPING THE WATER AND SEWER LINES
NECESSARY TO SERVE EACH INDIVIDUAL LOT. FURTHER, IT
WILL NOT BEAR ANY OF THE COSTS OF OPERATION,
MAINTENANCE OR FUTURE REPAIR ONCE THE WATER AND
SEWER LINES AND LIFT STATION ARE INSTALLED.
2. The area to be included within the district includes all or portions of
SW1/4 NE1/4 of Section 31, Township 1 North, Range 66 West of the 6th
P.M., Weld County, Colorado more particularly described as Tracts 6
through 22 inclusive, and the west 65 feet of Tract 5, but excluding the
remainder of Tract 5, Chambers Tracts Subdivision, as shown on the
document recorded at Reception #1303141, in the office of the Weld
County Clerk and Recorder. The District shall also include the rights-of-
way of the County roads described therein.
3. The assessment for said improvements may be paid in twenty (20) equal
annual installments of principal with installments of interest on unpaid
installments at an interest rate of five percent (5%) simple interest per
annum.
4. The assessment will be due and payable without demand within thirty
(30) days from and after the final publication of a Resolution assessing
the cost of said improvements, against the real property described herein
in Paragraph 2. In the event any assessment against his or her property
is not paid within said thirty (30) days, then the whole cost of the
assessment against such property shall be payable in not more than
twenty (20) equal, annual installments of principal with interest on the
unpaid installments, as aforesaid. The first of such installments shall be
due and payable at such time as may be determined in and by the
assessing Resolution and the remainder of said installments shall be due
and payable successively on the same day in each year thereafter,
unless otherwise determined by the Board of County Commissioners,
until they are paid in full.
5. As shown by the estimates of the Weld County Engineer, the total cost of
the street improvements to be assessed against the property within the
district is estimated to exceed $100,000. This represents an estimate of
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the cost of the labor and materials for installation by contract of the water
and sewer lines and lift station. The Board of County Commissioners,
pursuant to Section 30-20-606, C.R.S., has preliminarily found and
determined that each and every described lot or parcel will specifically
benefit from the proposed improvements based on the following facts:
A. The market value of each of the properties will increase;
B. The proposed improvements will adapt the property to a more
profitable use;
C. The proposed improvements will increase the convenience of the
use of said property.
D. There is an alleviation of health and sanitation hazards accruing to
each particular property;
Based on the findings and determinations of the Board of County
Commissioners, it is intended that the costs of the improvements will be
assessed equally against all of the above described lots, parcels, and
tracts.
Property owners are specifically referred to the schedule of estimated
proposed assessments on file in the Office of the Clerk to the Board from
which the approximate amount to be assessed against any particular lot,
tract, or parcel of property may be determined, but further it is stated that
the estimated cost per lot is $5,555.55, based upon the Engineer's cost
divided equally among the 18 lots, parcels, and tracts. IT IS FURTHER
STATED AS THE INTENT OF THE BOARD OF COUNTY
COMMISSIONERS THAT, SHOULD THE COST OF INSTALLATION OF
WATER AND SEWER LINES AND A SEWER LIFT STATION EXCEED
THE AMOUNT OF $5,555.55 PER LOT, EXCLUDING INTEREST OR
ANY PENALTIES, THE COUNTY OF WELD WILL ASSUME PAYMENT
OF THE EXCESS.
6. Upon completion of said improvements, or as soon as the total cost
thereof is definitely ascertained, the cost of the total improvements shall
be apportioned equally to each of the above described lots and parcels.
Notice of such apportionment shall be given and a hearing will be held
prior to the adoption of a Resolution assessing such cost, all as provided
by law.
7. Not less than thirty (30) days after the publication of this Notice, a
Resolution authorizing said improvements will be considered by the
Board of County Commissioners, to-wit: February 17, 2003, at
10:00 a.m., or at an adjourned meeting thereafter, in the First Floor
Hearing Room of the Weld County Centennial Center, 915 Tenth Street,
Greeley, Colorado.
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8. A map, estimate, and schedule showing the approximate amount to be
assessed and all Resolutions and proceedings are on file and can be
seen and examined by any persons at any time during business hours on
or before the date referred to in Paragraph 7.
9. All complaints and objections that are made in writing concerning the
proposed improvements by the owner or owners of any real property to
be assessed will be heard and considered by the Board of County
Commissioners at the meeting specified above, or at some adjournment
thereof, before final action shall be taken.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY:
DEPUTY CLERK TO THE BOARD
DATED: January 10, 2003
PUBLISHED: January 15, 2003, in the Tri-Town Farmer and Miner
G. The Board of County Commissioners, pursuant to Section 30-20-606, C.R.S.,
hereby finds and determines that each of the herein described lots and parcels
will specifically benefit from the proposed improvements based on the following
facts:
1. The market value of the property will increase;
2. The proposed improvements will adapt the property to a more profitable
use;
3. The proposed improvements will increase the convenience of use of said
properties.
4. There is an alleviation of health and sanitation hazards accruing to each
particular property
Based on the findings and determinations of the preceding paragraph, it is
intended that all of the costs of the street improvements will be assessed against
each of the herein described lots and parcels.
All Resolutions, or parts thereof, in conflict with the provisions hereof be, and the
same hereby are, repealed.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of January, A.D., 2003.
BO OF COUNTY COMMISSIONERS
WEL UN CO ORA
ATTEST: gel, � IE
vid E. Long, Chair
0Weld County Clerk tot , f
/ c , � ��"1"1 asz9
',�, �� Ro ert D. asden, Pro-Tem
BY:
Deputy Clerk to the
��►� eile t—/ S` /
/ED AST M: EXCUSED DATE OF SIGNING (AYE)
`` H. Jerke
G c ty Attorney \ 41-14/I
Glenn Vaad
Date of signature: 4o
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