HomeMy WebLinkAbout860517 RESOLUTION
RE: CREATING WELD COUNTY ANTELOPE HILLS LOCAL IMPROVEMENT
DISTRICT NO. 1986-1 FOR THE PURPOSE OF CONSTRUCTING AND
INSTALLING STREET IMPROVEMENTS TO INCLUDE COMPACTION,
GRADING, PAVING, AND OTHER ROAD DRAINAGE IMPROVEMENTS ,
TOGETHER WITH ANY NECESSARY INCIDENTALS, ON CERTAIN STREETS
THEREIN; AND PROVIDING FOR OTHER DETAILS IN CONNECTION WITH
THE DISTRICT AND SETTING EFFECTIVE DATE SUBJECT TO CERTAIN
CONDITIONS
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 , Colorado
Revised Statutes , as amended, certain local improvements may be
initiated by action of the Board of County Commissioners upon
petition subscribed by the owners of a majority of the frontage
directly abutting on that portion of the street to be improved ,
and
WHEREAS, the Board of County Commissioners has determined to
create a local improvement district in the area of the County
described as Antelope Hills Subdivision, First and Second Filing,
being subdivisions located in the Northwest a of Section 13 ,
Township 6 North, Range 67 West of the 6th Principal Meridian,
Weld County, Colorado, recorded at Book 648 , Reception No. 1570391
and Book 648 , Reception No. 1570392 , on June 24 , 1971 ,
respectively, in the records of the Weld County Clerk and Recorder
based upon the petition having been filed with the Clerk to the
Board and to construct certain improvements therein, as described
in this Resolution, and
WHEREAS, notice of a public hearing concerning creation of
the District and the construction and installation of the
improvements therein has been given by publication in one issue of
the Johnstown Breeze , a newspaper of general circulation in the
County, not less than thirty days prior to the date of hearing, in
addition notice was delivered or mailed by first class mail to
each property owner within the proposed district not less than ten
days prior to the hearing, and
WHEREAS , at the time and place set forth in the notice, the
Board of County Commissioners met in open session for the purpose
of hearing and considering any objections and protests that might
be made against the proposed district or the improvements to be
constructed or installed, and
;. ' / 860517
Page 2
RE: CREATION OF SPECIAL IMPROVEMENTS DISTRICT - ANTELOPE HILLS
WHEREAS , the Board of County Commissioners considered the
protests and objections as presented, and
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to the laws of the State of. Colorado, hereby
finds and determines that there exists a necessity for the
creation of a local improvement district within Weld County, to be
designated as Weld County Antelope Hills Local Improvement
District No. 1986-1 , and the construction and installation therein
of certain improvements, said improvements are in the best
interests of the inhabitants of the area.
NOW, THEREFORE, BF IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado:
A. That a local improvement district for the construction
and installation of street improvements, to include
compaction , grading , paving, culverts, other road
drainage improvements, together with any necessary
incidentals on certain streets as hereinafter described,
is hereby created and established in accordance with the
laws of the State of Colorado, and shall be known and
designated as "Weld County Antelope Hills Local
Improvement District No. 1986-1 . " All proceedings
heretofore taken by the Board of County Commissioners
and the County staff and then adopted in connection with
the district are hereby ratified, approved and
confirmed. This proposal to create said district was
initiated by the Board of County Commissioners by
Resolution of April 9 , 1986 , upon a petition, proper in
form, subscribed by the owners of a majority of the
frontage directly abutting on the street to be improved,
and notice duly given as heretofore stated.
B. That the Engineer' s reports, together with all of the
details, specifications , estimates, maps and schedules
thereto attached or appended, are hereby approved and
adopted.
860517
Page 3
RE: CREATION OF SPECIAL IMPROVEMENTS DISTRICT - ANTELOPE HILLS
C. The area to be included within the district , said area
described as Antelope Hills Subdivision , First and
Second Filing, being subdivisions located in the
Northwest Quarter of Section 13 , Township 6 North, Range
67 West of the 6th Principal Meridian, Weld County,
Colorado, recorded at Book 648 , Reception Number 1570391
and Book 648 , Reception Number 1570392 , on June 24 ,
1971 , respectively, in the records of the Weld County
Clerk and Recorder.
D. Description of improvements to be constructed in this
district are as follows : Weld County, Colorado, plans
to pave existing roads internal to Antelope Hills
Subdivision, First and Second Filing. The improvements
include grading, road drainage, paving and other
appurtenances .
The major construction quantities include approximately
2 , 571 tons aggregate base course, 955 tons of hot
bituminous pavement, 270 linear feet of corrugated steel
pipe , 450 tons of riprap, and other miscellaneous
drainage structures.
E. The construction and installation of the improvements in
and for the district, as shown by the plans,
specifications and maps thereof, prepared by the Weld
County Engineer and approved by the Board of County
Commissioners of Weld County, and now on file in the
office of the Clerk to the Board , be , and the same are
hereby authorized and ordered, the materials to be used
in the construction of said improvements to be in
accordance with such maps, plans and specifications.
Probable total cost of the improvements based upon best
information available to this Board and formulated in
good faith, is $64 , 607 . 40 . Based on the findings and
determination of this Board, Lots 1 through 9 , in
Antelope Hills Subdivision, First Filing, and Lots 10
through 26 , Antelope Hills Subdivision, Second Filing,
are to be specially benefitted and each lot shall be
assessed equally on a per lot basis the entire cost of
the improvements less County contribution and money held
in escrow for this purpose. The current escrow balance
is $15 , 473. 55 and the intended County contribution to
the fund is $15 ,000 . 00 , leaving the cost to be financed
by assessment to be $34 , 133 . 85 , which is $1 , 312 . 84 per
lot.
860517
Page 4
RE: CREATION OF SPECIAL IMPROVEMENTS DISTRICT - ANTELOPE HILLS
F. 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 or
Ordinance. However, all such assessments may be paid at
the election of the owner , in ten equal , annual
installments of principle with installments of interest
on unpaid installments at an interest rate of ten
percent (10%) 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 or Ordinance. The remainder of the annual
installments of assessments and annual payments of
interest shall be due and payable successively on the
same day each year thereafter until all are paid in
full.
G. The Board of County Commissioners , pursuant to Colorado
Revised Statutes, 30-20-606 , hereby finds and determines
that each of the lots found in Antelope Hills
Subdivision, First and Second Filing, will specifically
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 more profitable use; and
c) The proposed improvements will facilitate
access to the properties and thereby increase
the convenience of use of said properties.
H. The Board of County Commissioners is hereby authorized
to advertise for bids and construct such improvements in
the time and manner required by the laws of the State of
Colorado, and the Weld County Home Rule Charter.
I . The Board finds that Special Assessment Bonds will not
be issued for the purpose of paying cost of
improvements; rather that Weld County will advance the
initial cost to the project and be reimbursed by means
of the assessment.
J. All Resolutions or parts thereof in conflict with this
Resolution are hereby repealed.
860517
Page 5
RE: CREATION OF SPECIAL IMPROVEMENTS DISTRICT - ANTELOPE FILLS
K. Notwithstanding any other provision to the contrary, the
effective date of this Resolution shall be the date that
the Clerk to the Board of County Commissioners certifies
to the record the receipt of Agreements and Covenants
Not to Sue Weld County from the owners of all twenty-six
(26) lots within Antelope Hills Subdivision, First and
Second Filing, but provided further that if all
twenty-six (26) are not received by June 2 , 1986 , at
2 : 00 p.m. , that this Board will reconvene to consider
this condition .
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 28th day of
May, A_.D. , 1986 .
J1 BOARD OF COUNTY COMMISSIONERS
ATTEST:` alnen.hAvi C [nv WELD COUNTY, COLORADO
Weld County Clerk and Recorder wry ,and
and Clerk to the Board acqu ' ne on , airman
('
�fl _- _____ -C --1 G®ra \ . Lacy, P em
MCI-.
County Cl rk
// EXCUSED __
APPROVED AS TO FORM: _Gee R.
BBjrantner
C.Iti'. Kirby
yyt Co nay t orney FTa`n�Ya� f �j�7c SI,
860517
Hello