HomeMy WebLinkAbout841090.tiff RESOLUTION
RE: DECLARING THE INTENTION OF THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD, COLORADO, TO CREATE A LOCAL IMPROVE-
MENT DISTRICT WITHIN THE COUNTY, TO BE DESIGNATED AS WELD
COUNTY LOCAL IMPROVEMENT DISTRICT No. 1984-1 , ADOPTING
DETAILS AND SPECIFICATIONS THEREFOR, ORDERING PUBLICATION
AND MAILING OF NOTICE OF HEARING TO THE OWNERS OF THE
PROPERTY IN SAID DISTRICT; AND PROVIDING FOR NOTICE TO
CONTRACTORS.
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 (2) , Colorado
Revised Statutes, as amended, any local improvement may be
initiated directly by the Board of County Commissioners, by
Resolution declaring its intention to construct the improvements ,
and
WHEREAS , the Board of County Commissioners (the Board of
County Commissioners or the Board) has determined that it is
necessary to create a local improvement district in an area of
the County described in Exhibit "A" attached hereto, and to
construct certain improvements therein, as described in this
Resolution (the Resolution) , and
WHEREAS, the Board finds that it is in the best interests of
the inhabitants of the area and the residents of Weld County to
construct an improved Weld County Road 5 capable of handling
heavy truck traffic so as to limit traffic on the southern 2
miles of Weld County Road 7; heavy truck traffic currently
presents a traffic hazard to persons living along Weld County
Road 7 and is damaging the improved surface of said road, 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
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WHEREAS, preliminary plans , specifications, estimate of
costs, maps, and schedules for the proposed improvement have been
filed with the Board of County Commissioners, and
WHEREAS , in accordance with Title 30 , Article XX, 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 installments, the property to be
assessed for the cost of the improvements, 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 bene-
fited by the district, and
WHEREAS, after thorough discussions with representatives of
Colorado Landfill, Inc. (the Company) , it has been determined
that the improvements described hereinafter are primarily for the
benefit of the Company, the owner of a parcel of property
described in Exhibit "B, " attached hereto, which is part of the
proposed local improvement district, and
WHEREAS, the Board of County Commissioners is authorized
pursuant to CRS, 39-20-606 (1) , to determine special benefits for
purposes of assessing particular property within a local improve-
ment district, and
WHEREAS, this Resolution shall constitute the preliminary
order required by 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 intention to create a local improvement
district within the County, for the construction and installation
of the improvements more particularly described in the notice
hereinafter set forth.
B. That the engineers ' reports, together with preliminary
details, specifications, estimates of costs, maps, and schedules
prepared and filed with the County Clerk be, and the same are,
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approved and adopted by the Board of County Commissioners for
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 assessments to be levied for the improvements
shall be due and payable within thirty (30) days after the
effective date of the assessing resolution or ordinance. How-
ever, all such assessments may be paid, at the election of the
owner, in equal, annual installments of principal with semi-
annual installments of interest on unpaid installments in such
time and at such rate as shall later be determined by the Board
of County Commissioners and set forth in the assessing resolution
or ordinance , but not exceeding twenty (20) annual installments
at an interest rate not to exceed 14 . 00% per annum. The first of
said installments of assessments shall be due and payable at such
time as will be indicated in the assessing resolution or ordi-
nance and the remainder of the annual installments of assessments
and semi-annual payments of interest shall be due and payable
successively on the same days in each year thereafter until all
are paid in full.
E. That the property to be assessed for said improvements
shall be the property specifically benefited by said improvements
and more particularly described in the Notice.
F. The County Clerk shall give notice of the hearing on
the construction of the improvements by publication in one issue
of the La Salle Leader and one issue of the Longmont Times Call,
newspapers of general circulation in the County, the publication
in the La Salle Leader to be not less than thirty (30) days prior
to the date of hearing. In addition, the notice, being a brief
written synopsis of the proposed improvements pursuant to Section
30-20-603 (2) (b) , CRS, 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)
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days before the hearing. Said notice shall be substantially in
the following form:
(Form of Notice of Hearing)
NOTICE
Docket No. 84 : 4
OF A PROPOSITION TO CREATE A LOCAL IMPROVE-
MENT DISTRICT IN WELD COUNTY, COLORADO, TO BE
KNOWN AS WELD COUNTY LOCAL IMPROVEMENT
DISTRICT NO. 1984-1 , FOR THE PURPOSE OF
CONSTRUCTING AND INSTALLING STREET IMPROVE-
MENTS TO INCLUDE COMPACTION, GRADING, PAVING,
CULVERTS, GUARD RAILS, SIGNS AND DELINEATORS ,
TOGETHER WITH ANY NECESSARY INCIDENTALS, IN
CERTAIN ROADS THEREIN, 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 intention to create a local
improvement district within an unincorporated area of Weld
County, Colorado, to be designated as Local Improvement District
No. 1984-1 , for the purpose of constructing and installing street
improvements to include compaction, grading, paving, culverts,
guard rails , signs and delineators, together with any necessary
incidentals , and to assess the cost of the improvements, in
excess of the County contribution, against the property specifi-
cally benefited by the improvements, all in accordance with the
laws of the State of Colorado.
1 . All persons are further notified that the kind of
improvements proposed and the streets to be improved are as
follows:
Weld County, Colorado, plans to con-
struct two miles of paved highway on Weld
County Road No. 5 between Colorado State
Highway No. 7 and Weld County Road No. 6 .
The improvements include grading, drainage,
paving and other appurtenances.
Included in this project is the widening
and paving of approximately one-half mile of
Colorado State Highway No. 7 at the south
terminus of Weld County Road No. 5 mentioned
above. At the north terminus of the above
mentioned Weld County Road No. 5 , Weld County
Road No. 6 will be reshaped and paved for
approximately 0 . 3 miles in length.
The major construction quantities
include approximately 55 ,000 cubic yards of
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earthwork, 29 ,000 tons of crushed rock base,
59 ,000 tons of pit run gravel, , 8 ,350 tons of
hot bituminous pavement and miscellaneous
drainage structures and fencing.
2 . The area to be included within the district includes
the area indicated in Exhibit "I , " attached hereto and made a
part hereof. Based on findings and determinations of the Board
of County Commissioners, the property described in Exhibit "II , "
attached hereto and made a part hereof, is to be specially
benefitted by and shall be assessed with the entire cost of the
improvements .
3 . The assessments for said improvements may be paid in
annual installments towards principal and semi-annual payments
towards interest in such time and at a rate to be determined by
the Board of County Commissioners in the assessing resolution or
ordinance but not to exceed twenty (20) installments at a maximum
rate not to exceed 14 . 00% per annum.
4 . The assessments will be due and payable without demand
within thirty (30) days from and after the final publication of a
resolution or ordinance assessing the cost of said improvements,
in excess of the County contribution, against the real property
described in Exhibit "II , " attached hereto. In the event any
owner of real property shall fail to pay the whole of such
assessment against his or her property within said thirty (30)
days, then the whole cost of the improvements so assessed against
such property shall be payable in not more than twenty (20)
equal, annual installments of principal, as aforesaid. The first
of such installments of assessments shall be due and payable at
such time as may be determined in and by the assessing resolution
or ordinance 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 all are paid in full.
5 . As shown by the estimates of the Engineer, the total
cost of the street improvements will not exceed $1 , 100 ,000 . The
Board of County Commissioners, pursuant to CRS, 30-20-606 , has
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found and determined that the property of Colorado Landfill,
Inc. , (the Company) described in Exhibit "II , " attached hereto,
will specially benefit from the proposed improvements based on
the following facts:
a. The market value of the property will increase;
and
b. The proposed improvements will adapt the property
to a more profitable use; and
c. The proposed improvements will facilitate access
to the property of the Company described in Exhibit "II , "
attached hereto and thereby increase the convenience of use
of said property.
Based on the findings and determinations of the Board of
County Commissioners, it is intended that all of the costs of the
street improvements, in excess of the County contribution, will
be assessed against the property of the Company described in
Exhibit "II , " attached hereto.
Property owners are specifically referred to the schedule of
estimated proposed assessments on file in the Office of the
County Clerk from which the approximate amount to be assessed
against any particular lot or parcel of property may be deter-
mined.
6 . It is anticipated that special assessment bonds will be
issued for the purpose of paying the cost of improvements not
being paid by Weld County; the bonds would be payable out of the
monies collected on account of the assessments made for said
improvements.
7 . Upon completion of said improvements, or as soon as the
total cost thereof is definitely ascertained, the cost, in excess
of the County contribution, of the improvements shall be appor-
tioned to the property of the Company in the District. Notice of
such apportionment shall be given and a hearing will be held
prior to the adoption of a resolution or ordinance assessing such
cost, all as provided by law.
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8 . 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 29 , 1984 , at 2: 00 p.m. , or at an adjourned meeting
thereafter, in the meeting room of the Weld Centennial Center,
915 Tenth Street, Greeley, Colorado.
9 . 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 seen and examined by any person at the
office of the Clerk to the Board of County Commissioners at any
time during business hours on or before the date referred to in
paragraph 10 .
10 . All complaints and objections that may be made in
writing concerning the proposed improvements by the owner or
owners of any real property to be assessed will be heard and
determined by the Board of County Commissioners at the meeting
specified above, or at some adjournment thereof, before final
action shall be taken.
11 . It is anticipated that Weld County will pay, from the
Solid Waste Disposal Sites and Facilities Fund, the costs of
condemning or otherwise acquiring rights-of-way for the proposed
street improvements and an additional amount towards the improve-
ments not to exceed $175 , 000 total.
All estimates exclude 6% for inspection, collection and
incidentals and interest as provided by law.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
By: Mary Reiff, Deputy
DATED: January 25 , 1984
PUBLISHED: January 26 , 1984 in the La Salle Leader
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EXHIBIT I
Improvement District: W 40 ' of Sec. 28 , T1N, R68W /
E 40 ' of Sec. 29 , T1N, R68W / W 40 ' of the Nk of the
NWa and the W 40 ' of the N' S' of the NW4 Sec. 33, TIN,
R68W / W 80 ' of the S' SW4 NW; and the W 80 ' of the SWQ
Sec. 33, T1N, R68W / E 40 ' of the S' NEa Sec. 32 , T1N,
R68W / E 40 ' of the NEa NEa Sec. 32 , T1N, R68W, all in
relation to the 6th Principal Meridian, Weld County,
Colorado.
N 30 ' of the NEa NEa Sec: 29 , TIN, R68W / S 30 ' of the
SEa SEa Sec. 20, T1N, R68W / S 30 ' of the W 40 ' of the
SWa Sec. 21 , T1N, R68W, all in relation to the 6th Prin-
cipal Meridian, Weld County, Colorado.
E' NWa and the W' NEa Sec. 29 , T1N, R68W of the 6th Prin-
cipal Meridian, Weld County, Colorado.
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EXHIBIT II
Eh NW; and the Wh NEa Sec. 29, T1N, R68W of the 6th
Principal Meridian, Weld County, Colorado .
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G. The Board of County Commissioners, pursuant to CRS,
30-20-606 , hereby finds and determines that the property of the
Company described in Exhibit "B, " attached hereto will specially
benefit from the proposed improvements based on the following
facts:
a. The market value of the property will increase;
and
b. The proposed improvements will adapt the property
to a more profitable use; and
c. The proposed improvements will facilitate access
to the property of the Company described in Exhibit "B, "
attached hereto and thereby increase the convenience of use
of said property.
Based on the findings and determinations of the preceding
paragraph, it is intended that all of the costs of the street
improvements, in excess of the County contribution, will be
assessed against the property of the Company described in Exhibit
"B, " attached hereto.
It is anticipated that Weld County will pay, from the Solid
Waste Disposal Site and Facilities Fund, the costs of condemning
or otherwise acquiring rights-of-way for the proposed street
improvements and an additional amount towards the improvements
not to exceed $175 ,000 total.
H. The Board of County Commissioners is hereby authorized
to advertise for bids to construct such improvements in the time
and manner required by the laws of the State of Colorado, and the
Weld County Home Rule Charter, which advertisement may run
concurrently with the pendency of the hearing on the proposed
local improvement district.
I . The Board finds that it is anticipated that special
assessment bonds will be issued for the purpose of paying the
cost of improvements not being paid by Weld County; the bonds
would be payable out of the monies collected on account of the
assessments made for said improvements.
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EXHIBIT A
Improvement District: W 40 ' of Sec. 28 , T1N, R68W /
E 40 ' of Sec. 29 , T1N, R68W / W 40 ' of the N' of the
NW4 and the W 40 ' of the N' S' of the NWa Sec. 33 , T1N,
R68W / W 80 ' of the S' SWa NW4 and the W 80 ' of the SWa
Sec. 33, T1N, R68W / E 40 ' of the S# NEa Sec. 32 , T1N,
R68W / E 40 ' of the NE4 NEa Sec. 32 , T1N, R68W, all in
relation to the 6th Principal Meridian, Weld County,
Colorado.
N 30 ' of the NEa NE4 Sec. 29 , T1N, R68W / S 30 ' of the
SEa SEa Sec. 20, T1N, R68W / S 30 ' of the W 40 ' of the
SWa Sec. 21 , T1N, R68W, all in relation to the 6th Prin-
cipal Meridian, Weld County, Colorado.
E# NW; and the W# NEa Sec. 29 , T1N, R68W of the 6th Prin-
cipal Meridian, Weld County, Colorado.
EXHIBIT B
Eh NWQ and the Wh NE4 Sec. 29 , TiN, R68W of the 6th
Principal Meridian, Weld County, Colorado.
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J. All resolutions, or parts thereof, in conflict with the
provisions hereof be, and the same are, hereby repealed.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 25th day of
January, A.D. , 1984 .
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BOARD OF COUNTY COMMISSIONERS
ATTEST: \Ill (144 `+Tac 'r WELD COUNTY, COLORADO
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Weld County Clerk an - Rec d\er 6.c`e4
an k to the ,Board Norman Carlson, Chairman
By: / ,e ( EXCUSED
Deputy County-C----/(1-4..42--/
rk Jac feline Johnson, Pro-Tem
atorne
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uck Carlson
fin.... , 2)� .,
J- n T. Mar in
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PRELIMINARY ESTIMATE
For the performance of all work necessary to complete construction of grading
and drainage of Weld County Road 5 and appurtenant construction, as defined
in the Contract Documents.
ITEM ESTIMATED UNIT
NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT
1 . Clearing and Grubbing one L. S. $20 000 $ an one
2. Unclassified Excavation 55,000 C.Y. $1 .45 $ 79,750
3. Aggregate Base Course, Class 1 59,000 Tons $4.40 $259,600
4. Aggregate Base Course, Class 6 29,000 Tons $7.70 $223,300
5. Bituminous Prime, MC-70 18,000 Gal . $1 .40 $ 25,200
6. Tack Coat CSS-1H 1 ,600 Gal . $1 .40 $ 2,240
7. Hot. Bituminous Pavement 8,350 Tons $27.50 $229.625
8. Fencing, Line Brace, Corner
Post 19,600 L.F. $2.20 $ 43.120
9. Gates, 20' Length four Ea. $500.00 $ 2.000
10. Reseeding, Fertilizing, Mulching 10. 5 Acres $1 , 100 $ 11 ,55n
11 . 18" Corr. Metal Pipe 208 L. F. $15 50 $ 3,224
12. 30" Corr. Metal Pipe 130 L. F. $24.50 $ 3. 185
13. 36" Corr. Metal Pipe 205 L• F• $30.00 - $ 6.150
14. 60" Corr. Metal Pipe 65 L• F• $74.00 $ 4 810
(3' x 1" Corr. 14 Gauge)
15. 18" Metal Pipe End Sections 8 Ea. $140.00 $ 1 , 120
16. 30" Metal Pipe End Sections 4 Ea. $400.00 $ 1 ,600
17. 36" Metal Pipe End Sections 6 Ea. $640.00 $ 3.340
18. 60" Metal Pipe End Sections 2 Ea. $2, 100.00 $ 4.200
$924,514
+ 12%, Eno. R.O.W. Utility Reloc. , & Misc. 110,941
3%, Inspection and Construction Supervision 27,735
TOTAL. PROJECT COST $1 ,073, 190
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E 111, #:ENGINEERS
GREELEY NATIONAL PLAZA 822 7TH STREET GREELEY,COLORADO 80631 1303)356-6362
DESCRIPTION OF IMPROVEMENT
Weld County, Colorado plans to construct two miles of paved highway
on Weld County Road No. 5 between Colorado State Highway No. 7 and
Weld County Road No. 6. The improvements include grading, drainage,
paving and other appurtenances.
Included in this project is the widening and paving of approximately
one-half mile of Colorado State Highway No. 7 at the south terminus of
Weld County Road No. 5 mentioned above. At the north terminus of the above
mentioned Weld County Road No. 5, Weld County Road No. 6 will be reshaped
and paved for approximately 0. 3 miles in length.
The major construction quantities include approximately 55,000 cubic
yards of earthwork, 29,000 tons of crushed rock base, 59,000 tons of
pit run gravel , 8,350 tons of hot bituminous pavement and miscellaneous
drainage structures and fencing.
SPECr IMPROVEMENT DISTRICT 1981
PROPERTY TO BE ASSESSED
ENTIRE COST OF IMPROVEMENTS
EXCLUDING COUNTY CONTRIBUTION
Ek NWa and the 1415 NEa Sec. 29 , T1N, R68W of the 6th
Principal Meridian, Weld County, Colorado .
WELD COUNTY ROAD #5 SCHEDULING
COLORADO LANDFILL, INC.
The following schedule of events with dates is as follows:
January 25 - The resolution by the County Commissioners to create the
special improvement district.
January 26 - Advertising publicly regarding the creation of the special
improvement district. (Advertising must occur for a
period of 30 days) .
2:00 p.m.
February 29 - The County Commissioners can declare the creation of the
district.
Week of
January 23 - Contact property owners regarding the purchase of
right-of-way with negotiations to occur immediately
thereafter.
February 15 - Last date to purchase right-of-way. If not purchased by
that date, the purchase moves to condemnation.
February 15 - Draft and file petition for condemnation (property owner
has 20 days to respond to notice of condemnation) .
March 6 - Notify court of need for possession. Prior to March 25,
go to court to obtain order for possession.
March 25 - Obtain actual possession.
March 1 - The creation of district completed.
March 8 - The passage by County Commissioners of the bond ordinance.
April 11 - Referendum period of bond ordinance past Closing of bonds.
February 15 - Property for right-of-way acquired without condemnation.
March 25 - Property acquired with condemnation.
February 24 - Begin advertising for construction bids.
March 30 - Accept bids for construction.
April 13 , - Award the construction contract.
April 23 - Begin construction.
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