HomeMy WebLinkAbout890538.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 WFLD COUNTY
KNAUS SUBDIVISION, FIRST FILING, LOCAL IMPROVEMENT DISTRICT
NO. 1989-3 , ADOPTING DETAILS AND SPECIFICATIONS THEREFORE,
ORDERING THE PUBLICATION AND MAILING OF NOTICES OF HEARING TO
THE OWNERS OF THE 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 , Colorado
Revised Statutes, as amended, 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 in the general vicinity of
77th Avenue, 76th Avenue, 11th Street, and 12th Street, as platted
in the Knaus Subdivision First Filing, in an area generally west
of the developed portion of the City of Greeley; and for each
individual lot in the Knaus Subdivision, First Filing, as recorded
at Book 573 , Page 01494916 , of the records of the Weld County
Clerk and Recorder as well as the property conveyed to Dwight R.
and Judy L. Schmidt at Book 1220 , Reception #02166694 . Said
creation of the local improvement district is based upon the
petition of owners of the lots and parcels in said proposed local
improvement district. The petition has been filed with the Clerk
to the Board of County Commissioners and is attached hereto as
Exhibit "A" , to construct certain improvements on 77th Avenue,
76th Avenue, 11th Street, 12th Street, as platted in the Knaus
Subdivision, First Filing, in an area generally west of the
developed portion of the City of Greeley, Weld County, Colorado,
which improvements are as described in this Resolution, and
WHEREAS, the Board finds it is in the best interest of the
inhabitants of the area to provide the following improvements to
77th Avenue, 76th Avenue, 11th Street, and 12th Street, as
follows:
1 . To shape, grade, drain, prepare the base, and pave the
above described roads .
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RE: KNAUS SUBDIVISION
2 . The base course preparation is to include final grading,
wetting and compaction.
3 . Placement of two inches (2") of aggregate base course
and two inches (2") of asphalt pavement, and culverts
necessary to accomplish drainage on 77th Avenue, 76th
Avenue, 11th Street, and 12th Street, all work to be
built according to Weld County specifications, to be
approved by the Weld County Engineer.
WHEREAS, Weld County will provide all administrative,
engineering, and base preparation work separate from the creation
of the local improvement district, which base course shall consist
of two inches of aggregate base course on 77th Avenue, 76th
Avenue, 11th Street, and 12th Street, and installation of culverts
necessary to accomplish drainage incident to the road
improvements, 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, 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 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
benefited by the district, and
WHEREAS, this Resolution has been considered at a public
meeting of the Board with notice by letter to each of the owners
according to the records of the Weld County Assessor of property
within Knaus Subdivision First Filings , and the property described
in the deed to Dwight R. and Judy L. Schmidt, recorded at Book
1220 , Reception #02166694 , of the records of the Weld County Clerk
and Recorder, 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
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RE: KNAUS SUBDIVISION
of the property described 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 CRS , Section 30-20-606 (1) , 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 improvements more particularly described in the notice
hereinafter set forth.
B. That the Engineer' s reports, 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 ten
equal, annual installments of principal with installments of
interest on unpaid installment 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 days
and each year thereafter until all are paid in full.
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)
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RE: KNAUS SUBDIVISION
issue of The New News and one (1) issue of the Greeley Tribune,
newspapers of general circulation in the County, the publication
in The New News 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) , Colorado Revised Statutes , 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:
(Form of Notice of Hearing)
NOTICE
Docket No. 89-32
OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN WELD
COUNTY, COLORADO, TO BE KNOWN AS WELD COUNTY KNAUS, FIRST FILING,
LOCAL IMPROVEMENT DISTRICT NO. 1989-3, FOR THE PURPOSE OF
CONSTRUCTING AND INSTALLING STREET IMPROVEMENTS TO INCLUDE
COMPACTION, GRADING, AND PAVING, TOGETHER WITH ANY NECESSARY
INCIDENTALS, TO 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 intent to create a local improvement
district within an unincorporated area of Weld County, Colorado,
to be designated as Weld County Knaus Subdivision, First Filing,
Local Improvement District No. 1989-3, for the purpose of
constructing and installing street improvements to include
compaction, grading, and paving, 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.
1 . All persons are further notified that the kind of
improvements proposed and the streets to be improved are as
follows:
77th Avenue, 76th Avenue, 11th Street, and
12th Street; in an area generally west of the
developed portion of the City of Greeley, Weld
County, Colorado, as shown on the plat of the
Knaus Subdivision, First Filing. The
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improvements include addition of base course,
shaping, grading, draining, and paving the
above described roads.
The major construction quantities include
958 tons of hot bituminous pavement and 1079
tons of aggregate base course.
2 . The area to be included within the district includes all
lots in Knaus Subdivision, First Filing, 77th Avenue , 76th Avenue,
11th Street, and 12th Street, and the property described in the
deed to Dwight R. and Judy L. Schmidt recorded at Book 1220 ,
Reception #02166694 . The district shall also include the
rights-of-way of the County roads described in Paragraph 1 herein.
3 . The assessment for said improvements may be paid in ten
(10) equal annual installments of principal with installments of
interest on unpaid installments at an interest rate of ten percent
(10%) 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
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 assessment against such property
shall be payable in not more than ten (10) 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 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 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 not to exceed
$29 , 185 . 00 . This represents an estimate of the cost of the labor
and materials for installation by contract of the hot bituminous
pavement and base preparation. The Board of County Commissioners,
pursuant to CRS 30-20-606 , 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;
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RE: KNAUS SUBDIVISION
b. The proposed improvements will adapt the property to a
more profitable use;
c. There will be an alleviation of fugitive dust,
eliminating the health hazards to the benefitted properties
and to users of the public roads to be improved;
d. The alleviation of fugitive dust will reduce maintenance
costs to the subject properties and paving will lessen the
maintenance required for a public road; and
e. The proposed improvements will facilitate access to each
of the properties and thereby increase the convenience of the
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 will be assessed equally against all of the
above described lots and parcels .
Property owners are specifically referred to the schedule of
estimated proposed assessment on file in the office of the Clerk
to the Board from which the approximate amount to be assessed
against any particular lot or parcel of property may be
determined, but further it is stated that the estimated cost per
lot is $1 , 459 . 25 , based upon the Engineer ' s cost divided equally
among 20 lots and parcels. It is further stated as the intent of
the Board of County Commissioners that should the cost of
installation of hot bituminous pavement and addition of and
preparation of base work exceed the amount of $1 , 400 . 00 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 or Ordinance 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:
Wednesday, the 23rd day of August, at 10 : 00 A.M. , or at an
adjourned meeting thereafter, in the meeting room of the Weld
County Centennial Center, 915 10th Street, Greeley, Colorado.
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RE: KNAUS SUBDIVISION
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 8 .
9 . 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
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: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
By: Mary Reiff, Deputy
DATED: July 17 , 1989
PUBLISHED: July 20 , 1989 , in the New News
G. The Board of County Commissioners , pursuant to Colorado
Revised Statute 30-20-606 , 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:
a. The market value of the property will increase;
b. The proposed improvements will adapt the property to be
more profitable use;
c. There will be an alleviation of fugitive dust,
eliminating the health hazards to the benefitted properties
and to users of the public roads to be improved;
d. The alleviation of fugitive dust will reduce maintenance
costs to the subject properties and paving will lessen the
maintenance required for a public road; and
e. The proposed improvements will facilitate access to the
properties and thereby increase the convenience of use of
said properties .
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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 .
H. The Board finds that the estimated cost per lot will be
$1 , 459 . 25 , with maximum to he assessed each of the 20 lots in the
Local Improvement District to be $1 , 400 . 00 per lot. The Board
further determines that if the assessment per lot exceed that
amount, excluding penalties and interest, that the Board will
assume the remaining costs of the project.
I . The Board authorizes advertising for bigs prior to the
creation hearing; said award of bid to be contingent upon creation
of the local improvment district.
J. All resolutions, or parts thereof, in conflict with the
provisions hereof be , and the same hereby are, repealed.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 17th day of
July, A.D. , 1989 .
ATTEST: .,� BOARD OF COUNTY COMMISSIONERS
EtR1 ��� WELD COUNTY, COLORADO
Weld County C erk and Recorder
and Clerk to the and C.W. Kir y, C airman
,
By:
Deputy ounC erk e ' ne ne n, Pro-Tem
APPROVED AS TO FORM: Z _
-e e R. Brant er
e4
_.eorge Ke ]�
County Attorney
Cord n a
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