HomeMy WebLinkAbout890595.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
ROAD 70/ANTELOPE HILLS LOCAL IMPROVEMENT DISTRICT NO. 1989-4
ADOPTING DETAILS AND SPECIFICATIONS , THEREFORE ORDERING THE
PUBLICATION AND MAILING OF NOTICES OF HEARING TO THE OWNERS
OR 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 which includes all of Antelope
Hills Subdivision, 1st and 2nd Filings, as recorded in the records
of the Weld County Clerk and Recorder, at Book 648 , Reception No.
1570391 , and Book 648 , Reception No. 1570392 , respectively, being
generally situated in Section 13 , Township 6 North, Range 67 West
of the 6th P.M. Weld County, Colorado, in an unincoporated portion
of Weld County, Colorado. Specifically, the local improvement
district will include all lots in Antelope Hills Subdivision,
First Filing, and all lots in Antelope Hills Subdivision, Second
Filing, as well as the right-of-way of Weld County Road 70 east
from its intersection with Weld County Road 23 , a distance of
one-half mile, and
WHEREAS , the Board finds it is in the best interest of the
inhabitants of the area to provide the following improvements to
Weld County Road 70 for a distance of one-half mile east of its
intersection with Weld County Road 23 as follows:
1 . To shape, grade, drain, prepare the base, and pave the
above described road to a resulting roadway 24 feet
wide, with two inch thick asphalt surface.
2. The base course preparation is to include final grading,
wetting and compaction.
3 . Placement of two inches (2") of hot bituminous pavement
on the above described portion of Weld County Road 70 ,
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RE: DECLARE INTENT - WELD COUNTY ROAD 70/ANTELOPE HILLS
with all work to be built according to Weld County
specifications and be approved by the Weld County
Engineer.
4 . Major construction quantities include 750 tons of hot
bituminous pavement and 240 tons of aggregate to finish
the shoulders .
WHEREAS , Weld County will provide all administrative,
engineering, and improvements to the base separate from the
creation of the local improvement district, which base course
shall include installation of 2 , 080 tons of aggregate base course
on the above described road, 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 informal notice by letter to each of the
owners according to the records of the Weld County Clerk and
Recorder of property located within Antelope Hills , First and
Second Filings , 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
described herein, and that the benefits are most equitably shared
on an equal amount per lot, and
WHEREAS, the Board of County Commissioners is authorized,
pursuant to CRS , Section 30-20-606 (1) , to determine special
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RE: DECLARE INTENT - WELD COUNTY ROAD 70/ANTELOPE HILLS
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:
P . 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 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 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)
issue of The New News and one (1) issue of the Windsor Beacon, 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
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RE: DECLARE INTENT - WELD COUNTY ROAD 70/ANTELOPE HILLS
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. 89-33
OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN WELD
COUNTY, COLORADO, TO BE KNOWN AS WELD COUNTY ROAD 70/ANTELOPE
HILLS LOCAL IMPROVEMENT DISTRICT NO. 1989-4 FOR THE PURPOSE OF
CONSTRUCTING AND INSTALLING STREET IMPROVEMENTS TO INCLUDE
COMPACTION, GRADING, AND PAVING, TOGETHER WITH ANY NECESSARY
INCIDENTALS, TO A CERTAIN ROAD 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 Road 70/Antelope Fills Local
Improvement District No. 1989-4 , 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 :
Weld County Road 70 , from its intersection
with Weld County Road 23 , east a distance of
one-half mile.
The improvements include shaping, grading,
draining, and paving the above described
roads .
The major construction quantities consist
of 752 tons of hot bituminous pavement and 240
tons of aggregate to finish the shoulders.
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RE: DECLARE INTENT - WELD COUNTY ROAD 70/ANTELOPE HILLS
2 . The area to be included within the district includes all
lots within Antelope Hills Subdivision, First Filing, and Antelope
Hills Subdivision, Second Filing, as recorded in the records of
the Weld County Clerk and Recorder at Book 648 , Reception No.
1570391 , and Book 648, Reception No. 1570392 , respectively. The
district shall also include the rights-of-way of the County road
described 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
$18 , 172 . 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;
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;
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RE: DECLARE INTENT - WELD COUNTY ROAD 70/ANTELOPE HILLS
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 , 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 may be determined , but further it is
stated that the estimated cost per lot is $698 . 92 , based upon the
Engineer' s cost divided equally among the 26 lots . However, the
Board will assume any cost in excess of $615 . 38 per lot, exclusive
of interest and penalties , in accordance with the petition.
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 . 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, 1989 , 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.
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 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.
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RE: DECLARE INTENT - WELD COUNTY ROAD 70/ANTELOPE HILLS
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 .
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. It is the estimate of the Board of County Commissioners
that the cost of the paving to be assessed the landowners within
the district will be $18 , 172 . 00 , which is $698 . 92 per lot, and it
is the intent of the Board of County Commissioners that the
assessment per lot not exceed $615 . 38 . Any cost, exclusinve of
interest and penalties , in excess of $615 . 38 per lot will be
assumed by the County.
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RE: DECLARE INTENT - WELD COUNTY ROAD 70/ANTELOPE HILLS
I . The Board authorizes publication of bids, prior to the
creation hearing, for the project; award of bids to be continuent
upon creation of the local improvement 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: %7111.1.214a
y� C¢�' . BOARD OF COUNTY COMMISSIONERS
of WELD COUNTY, COLORADO
Weld County Clerk and Recorder A ."%
and Clerk to the $d�rd C.W. Kirby, C irman
By: \ ko n J
Deput County ` rk > 3AJfi
son, Pro-Tem
APPROVED AS TO FORM: nnee R. Bran er 1
George - S�y(J
County Attorney
Core: 'L
rdi
890595
HEARING CERTIFICATION
DOCKET NO. 89-33
RE: PRELIMINARY HEARING TO CONSIDER CREATION OF WELD COUNTY ROAD 70/
ANTELOPE HILLS LOCAL IMPROVEMENT DISTRICT NO. 1989-4
A public hearing was conducted on July 17, 1989, at 9:00 A.M. , with the
following present:
Commissioner C.W. Kirby, Chairman
Commissioner Jacqueline Johnson, Pro-Tem
Commissioner Gene Brantner
Commissioner George Kennedy
Commissioner Gordon E. Lacy
Also present:
Acting Clerk to the Board, Mary Reiff
Assistant County Attorney, Lee D. Morrison
Director of Engineering Services, Drew Scheltinga
The following business was transacted:
I hereby certify that a preliminary public hearing was conducted to
consider a local improvement district within Weld County, to be
designated as Weld County Road 70/Antelope Hills Local Improvement
District No. 1989-4. Lee Morrison, Assistant County Attorney, made
this matter of record. He stated that a notice of this hearing was not
required by law, but the property owners were notified by letter. Drew
Scheltinga, Director of Engineering Services, explained the work
proposed to be done. He said that the estimated cost to the district
is $18,172.00, and the County's cost for preparation is estimated to be
$29,280.00. Mr. Scheltinga noted that a petition has been received
from a majority of the lot owners. Mr. Scheltinga requested permission
to proceed with advertising for the work to be contracted prior to the
creation hearing so the work can be done during this construction
season. No public comment was received concerning this request.
Commissioner Lacy moved to approve the Resolution declaring the intent
of the Board of County Commissioners to create said local improvement
district and to authorize the advertisement of this project prior to
the creation hearing. The motion was seconded by Commissioner
Brantner, and it carried unanimously.
This Certification was approved on the 24th day of June, 1989.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
ATTEST: ' ''19).61, 0‘//,, 6:<o ,L„J WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk�tJo the Boar C.W. Kirby, Chai n
By: ,,/; /7i
Deputy runty Cle ac u 1�.` John on, Pro-Tem
-e' BrantnerCoe
eorge Ke y�'f
Gordon . y P
TAPE #89-28
DOCKET #89-32
SD0019
890595
ATTENDANCE RECORD
PLEASE write or print legibly your name , address and the name of the applicant
or Docket # for the hearing you are attending.
TODAY' S HEARINGS ARE AS FOLLOWS: July 17, 1989 (9:00 A.M.)
DOCKET # 89-32 PRELIMINARY HEARING -KNAUS SUBDIVISION, FIRST FILING, LOCAL IMPROVEMENT DIST.
DOCKET # 89-33 PRELIMINARY HEARING- ANTELOPE HILLS LOCAL IMPROVEMENT DISTRICT
DOCKET #
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MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
P.O. BOX 758
_ - GREELEY, COLORADO 80632
(303) 356-4000 EXT. 4225
C.
COLORADO July 6, 1989
Henry W. and Maria W. Poos
#1 Clift Road
Windsor, CO 80550
RE: Weld County/Antelope Hills Local Improvement District
Dear Mr. and Mrs. Poos: -
As a property owner, you are probably aware that there are efforts to make
improvements in the area of Weld County Road 70, from Weld County Road 23,
east for one-half mile.
This is to notify you that a meeting with the Board of County Commissioners
concerning the Local Improvement District will be held at or about 9:00
A.M. , on Monday, July 17, 1989, in the Weld County Centennial Center, 915
Tenth Street, Greeley, Colorado. The purpose of this meeting will be
to
consider the adoption of a preliminary order and preliminary plans and
specifications, which would describe the materials to be used, the number of
installments and the period of time in which the cost of installments shall
be payable and the property to be assessed. The preliminary order will also
contain the cost estimates and approximate amount to be assessed on each
property. A great deal of this information is now contained in your
petition.
You are encouraged to make your feelings known either through your
appearance at the meeting, through a power of attorney to another person,
such as an officer of your neighborhood association, so that he may testify
on your behalf, or you may submit a letter prior to the hearing directed to
the Board of County Commissioners, P.O. Box 758, Greeley, Colorado 80632.
Sincerely yours,
BOARD OF COUNTY COMMISSIONERS
WELD pCOUNTY, COLORADO
G t?"1-7
0
C.W. Kirby, Chairman
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