HomeMy WebLinkAbout881172.tiff AR2165222
RESOLUTION
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RE: AMENDED RESOLUTION CONCERNING ASSESSMENT OF COSTS OF
0 IMPROVEMENTS FOR WELD COUNTY NORTHMOOR LOCAL IMPROVEMENT
DISTRICT NO. 1988-1 , AMENDING RESOLUTION WHICH WAS APPROVED
a BY THE BOARD ON NOVEMBER 16, 1988
ow
0 WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
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q Rule Charter, is vested with the authority of administering the
O• affairs of Weld County, Colorado, and
U
tog WHEREAS, in accordance with C.R.S. , Section 30-20-607, as
amended, a statement of expenses and apportionment was filed with
the Weld County Clerk and Recorder by the Weld County Engineer,
o a and
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w U WHEREAS, pursuant to C.R.S. , Section 30-20-608 , there was
o z proper notice of the hearing and of the costs of the improvements,
w and the share to be assessed to each lot, and
N H
WHEREAS, there were no complaints or objections , and there
N appeared to be no reason to make modifications to the Statement of
N w Apportionment filed herein and attached hereto and incorporated
in herein by this reference as Exhibit "A" , and
N < WHEREAS, the Board did find that the property described
>, herein as all lots of all blocks of Northmoor Acres, Replat of
U x Lots 4 and 5 of Block 1 of Northmoor Acres, and all lots of all
aW4 blocks in Northmoor Acres Subdivision, Second Filing, have
m N specifically benefitted from the proposed improvements for the
N cr following reasons:
o
gq a. The market value of the property will increase;
b. The improvements have adapted the property for a
more profitable use; and
c. The proposed improvements will facilitate access to
each of the properties and thereby increase the
convenience of use of said property, and
WHEREAS, this Resolution is prima facie evidence of the fact
that the property assessed was benefitted, the amount of the
assessment, and that the assessment was lawfully levied, and
WHEREAS , the Board now deems it advisable to amend said
Resolution of November 16, 1988, with the amendments to be shown
in the following paragraphs.
/
S I :DJ ian / /2( l'c Gc ono
881172
Page 2
RE: AMEND ASSESSMENT RESOLUTION - NORTHMOOR
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado:
‘4, 0 a. That the owners of the property described as all of
o U Northmoor Acres Subdivision and Northmoor Acres,
o . Second Filing, which are located in the Southwest
N o Quarter of Section 24 , Township 4 North, Range 68
West of the 6th Principal Meridian, Weld County,
a a State of Colorado, more particularly described as
o all lots and blocks in both Northmoor Acres
Subdivision, recorded at Reception No. 1550063 ,
ozcn-
W Envelope 397, re-recorded at Reception No. 1576284 ,
2 Envelope 456 , and as Lots 4 and 5 of Block 1 were
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replatted at Reception No. 1812605, Envelope 1794 ,
w and Northmoor Acres, Second Filing, recorded at
o a Reception No. 1585866 , Envelope 480 , in the records
�.: .a of the Weld County Clerk and Recorder.
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ra b. That a local improvement district for the
w u construction and installation of street
improvements was created by act of this Board on
H 2 the sixth day of July, 1988 . Said local
w improvement district has been designated as "Weld
Di N County Northmoor Local Improvement District No.
m 1988-1" and all proceedings heretofore taken by the
N D Board of County Commissioners and the County staff
csi ;4
irci and adopted in connection with the District are
m hereby ratified, approved, and confirmed.
`" `'c c. That the Statement of Expenses and Apportionment
CJ a has been submitted based upon the fact that there
(:fi g has been completion of the entire local improvement
x as previously authorized.
a, CO
N " d. The total cost of the improvements has been
r'' o determined to be $96 ,609 .76 , not including the cost
w w borne by the County for improvements to the gravel
road, engineering, and administrative fees. There
has been a voluntary contribution in the amount of
$2,337 .33 from owners of properties adjacent to the
District, equivalent to three lots ' assessment.
The Statement of Expenses and Apportionment
advises, and this Board ratifies, the finding that
each of the lots described belonging within the
Local Improvement District has been specifically
benefitted and each lot shall be assessed equally
on a per lot basis the cost for materials and labor
in the amount of $779.11 .
881172
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Page 3
RE: AMEND ASSESSMENT RESOLUTION - NORTHMOOR
e. The assessment being levied for the improvements
shall be due and payable within thirty (30) days
after the effective date of this assessing
o v Resolution. However, all such assessments may be
o
paid at the election of the owner in ten (10)
M v equal, annual installments of principal, with
installments of interest on unpaid installments, at
A a an interest rate of ten percent (10%) simple
c interest per annum. The first of said installments
of assessment shall be due and payable prior to May
w 1, 1989 , and the remainder of the annual
2 installments or assessments in annual payments of
p interest shall be due and payable successively on
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the same day each year thereafter until all are
In a' paid in full.
N
o f. The County Clerk and Recorder shall prepare a local
assessment roll, in cooperation with the Weld
Co lA-a County Treasurer and Accounting Department, in a
co form showing in suitable columns, each parcel of
�Z land assessed, the total amount of assessment, the
ri
w amount of each installment of principal and
rA y interest if, in pursuance of Part 6 of Article 20
w of Title 30 , Colorado Revised Statutes, the same is
cw payable in installments, and the date when each
N 47
CV installment will become due, with suitable columns
o w for use in case of payment of the whole amount or
• z of any installment or penalty, and shall deliver
es: oz the same, duly certified, under the County seal, to
o
a the County Treasurer for collection.
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g. (As amended)
01 CT
c'i., ,�•, Failure to pay the whole assessment prior to
"' 0 January 1 , 1989, shall be a conclusive
f-0 w determination and held to be an election on the
part of all persons interested, whether under
disability or otherwise, to pay in such
installments. All persons so electing to pay in
installments shall be conclusively held and
considered as consenting to said improvements.
Said election shall be conclusively held and
considered as a waiver of any right to question the
power or jurisdiction of the County to construct
the improvements, the quality of the work, the
regularity or sufficiency of the proceedings, the
validity or correctness of the assessments, or the
validity of the lien thereof.
881172
1
sl, o Page 4
o U RE: AMEND ASSESSMENT RESOLUTION - NORTHMOOR
0
yr v h. That all Resolutions or parts thereof in conflict
with this Resolution are hereby repealed.
a
0 w i. (Amended by this addition)
o Failure to pay any installment, whether principal
vi-wR
or interest, when due shall cause the whole of the
p unpaid principal to become due and collectible
w immediately, and the whole amount of the unpaid
in a principal and accrued interest shall thereafter
�.: w draw penalty interest at the rate of one percent
O1 (1%) per month from the first day of May until the
o a day of payment, or until the day of sale. In
m u computing the amount of penalty interest due under
this section, portions of months shall be counted
kip z as whole months.
H H
N E H Ca BE IT FURTHER RESOLVED by the Board of County Commissioners
a that these amendments are added pursuant to CRS, Section
N a 30-20-610 , in order that the penalty interest rate may be
N Gw,, specified by the assessing Resolution. The amendment is also made
o z to conform to the accounting practices of the Treasurer' s Office
w c.) 4
whereby interest is accrued on the first of each month.
o r BE IT FURTHER RESOLVED by the Board of County Commissioners
1;o cc
14 that the Resolution of November 16 , 1988 , assessing the costs of
improvements for Weld County Northmoor Local Improvement District
c) No. 1988-1 be, and hereby is, amended as stated above.
N N
'"' o The above and foregoing Resolution was, on motion duly made
aak+ and seconded, adopted by the following vote on the 14th day of
December, Attly ,Odille
/ p BOARD OF COUNTY COMMISSIONERS
ATTEST:
,�y f r•.� �_f, WE OUNTY, COLORADO
/(�^t �
Q I. .
Weld Couk a a Recorder
and Clerk V Gene R. Ira ra ner, Chairman
1.,1 A ,
eputy County C erk C. W. Kirby, Pr Tem
APPR VED^AS TO FORM: \ q�� ine Json
fJ EXCUSED a�
Asso,� ounty Attorney
Gor on E /
. Lacy
Frank amaguchi
881172
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