HomeMy WebLinkAbout860352.tiff RESOLUTION
RE: DECIAPING THE INTENTION OF THE BOARD OF COUNTY COMMISSIONER
OF THE COUNTY OF WELD, COLORADO, TO CREATE A LOCAL
IMPROVEMENT DISTRICT WITHIN THE COUNTY, TO BE DESIGNATED AS
WELD COUNTY ANTELOPE HILLS LOCAL IMPROVEMENT DISTRICT NO.
1986-1 , 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 , 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 n 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 cf the Weld County Clerk and Recorder
based upon the petition of owners of sixteen (16) of the Jots in
said subdivision the petition having been filed with the Clerk to
the Board which is attached hereto as Exhibit "A, " and to
construct certain improvements therein , 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
Cliff Road, Madaket Road, and Siasconset Road all as shown on the
plat of Antelope Hills Subdivision Filings 1 and 2 as follows:
1 . Construct improvements to control runoff from the roads,
specifically along Siasconset Road and in the intersection of
Madaket and Cliff Roads
2 . To grade, shape and compact the existing roadbed
3 . Install a four inch (4" ) thickness crushed base course
on the thirty foot (30 ' ) roadway
4 . Install a two inch (2") thickness asphalt paving twenty
four feet (24 ' ) in width on all portions except the cul-de-sac at
the terminus of Cliff Road with all work to be built according to
Weld County specifications to be approved by the Weld County
Engineer, 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
cost , maps and schedules for the proposed improvement have been
filed with 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, the property to be
assessed for the cost of 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
benefited by the district, and
WHEREAS, this Resolution has been considered at a Public
Meeting of this Board with notice by letter to each of the owners
of record of property within the subdivision and certain adjacent
property owners , and
WHEREAS, after consideration of the petition and the
testimony at the meeting , it has been determined that the
improvements described hereinafter are primarily for the benefit
of the owners of lots within Antelope Hills Subdivision First and
Second Filing 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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benefits for the purposes of assessing particular property within
a local improvement 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.
R. That the Engineer' s reports, together with preliminary
details , specifications , estimates of costs , maps , and schedules
prepared and filed with the Clerk to the Board be , and the same
are , approved and adopted by the Board of County Commissioners for
proposed use in the construction of the improvements to he made in
the proposed improvement district.
C. That the materials 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 he 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 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 benefited 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 Johnstown Breeze and one (1) issue of the Windsor
Beacon, newspapers of general circulation in the County, the
publication in the Johnstown Breeze to he not less than thirty
(30) days prior to the date of the hearing. In addition, the
notice , being a brief written synopsis of 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. 86-19
OF A PROPOSITION TO CREATE A LOCAL IMPROVE-
MENT DISTRICT IN WELD COUNTY, COLORADO, TO BE
KNOWN AS WELD COUNTY ANTELOPE HILLS LOCAL
IMPROVEMENT DISTRICT NO. 1986-1 , FOR THE.
PURPOSE OF CONSTRUCTING AND INSTALLING STREET
IMPROVEMENTS TO INCLUDE COMPACTION, GRADING,
PAVING, CULVERTS , OTHER ROAD DRAINAGE IMPROVE-
MENTS , 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 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 , and to assess the cost of improvements , in
excess of the County contribution , and monies held in escrow for
road improvement purposes , against the property specifically
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 pave
existing roads internal to the 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 , 871 tons of hot bituminous pavement,
300 linear feet of corrugated steel pipe, 450
tons rip rap, and other miscellaneous drainage
structures.
2 . The area to be included within the district includes all
of Antelope Hills Subdivision First and Second Filings being
subdivisions in the NWT of Section 13 , Township 6 North, Range 67
West of the 6th P.M. , Weld County, Colorado, recorded at Book 648 ,
Reception No. 1570391 and Book 648 , Reception No. 1570392 ,
respectively, both on June 24 , 1971 , in the records of the Weld
County Clerk and Recorder. Based on findings and determination of
the Board of County Commissioners , lots 1 through 9 in Antelope
Hills Subdivision First Filing and lots 10 through 26 , Antelope
Hills Subdivision Second Filing are to be specially benefited and
shall be assessed equally on a per lot basis the entire cost of
the improvements less County contribution , if any, and money held
in escrow for this purpose.
3 . The assessments for said improvements may be paid in ten
(10) equal annual installments of principle 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 or ordinance assessing the cost of said improvements ,
in excess of the County contribution , if any, and the money held
in escrow for that purpose , against the real property described as
each lot in Antelope Hills Subdivision First and Second Filing.
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
ten (10) equal, annual installments of principle 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
are paid in full.
5 . As shown by the estimates of the Engineer , the total
cost of the street improvements will not exceed sixty-two thousand
four hundred seventy-seven dollars ($62 , 477) . The Board of County
Commissioners, pursuant to CRS , 30-20-606 , has found and
determined that each and every lot in Antelope Hills Subdivision
First and Second Filings will specially benefit from the proposed
improvements based on the following facts :
5 '_ __ . .,__n?
a. The market value of each the properties 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
each of the properties 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, if any,
and money held in escrow for this purpose will be assessed equally
against all of the lots within Antelope Hills Subdivision First
and Second Filing.
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.
6. It is anticipated that special assessment bonds will not
be issued but that the project will be financed by monies
previously collected from the developer for this purpose and held
in escrow by Weld County in a current estimated amount of fifteen
thousand seven hundred forty dollars ($15 , 740) and the assessment
against the properties which assessments will be used to pay off
the funds advanced by Weld County for this project. There is also
anticipated to be fifteen thousand dollars ($75 , 000) from direct
County contribution to the fund which will be made available
subject to agreements with each of the landowners in the nature of
a covenant not to sue.
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 , if any, and the money held in escrow
for that purpose, the improvements shall be apportioned equally to
each of the lots in Antelope Hills Subdivision First and Second
Filing. 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.
8 . Nct 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: May 28 ,
1986 , at 2 : 00 P.M. , or at an adjourned meeting thereafter , in the
meeting room of the Weld County Centennial Center, 915 Tenth
Street , Greeley, Colorado.
6 _,._�
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 examined by any person at the office of
the Clerk of the Board of County Commissioners at any time during
business hours on or before the date referred to in paragraph 8 .
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.
All estimates include costs of inspection and collection and
all other incidental costs to be assessed to the District.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By: MARY ANN FEUERSTEIN,
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
By: _ , Deputy
DATED: April 9 , 1986
PUBLISHED: in the Johnstown Breeze
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 .
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, if any, and
money held in escrow for this purpose , will be assess against each
of the properties within Antelope Hills Subdivision First and
Second Filing.
,_,r. -,-_-r.
Fifteen thousand seven hundred forty dollars ($15 , 740) held
in escrow for the purpose of road improvements will be contributed
to the fund and it is anticipated that Weld County will pay upon
execution by the property owners of the Covenant Not to Sue , the
sum of fifteen thousand dollars ($15 , 000) into the fund .
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 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 not be issued for the purpose of paying the
cost of improvements not being paid by Weld County; rather that
Weld County will advance the initial cost of the project and be
reimbursed by means of the assessment.
J. All resolutions , or part 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 9th day of
April, A.D. , 1986 .
vi
%) BOARD OF COUNTY COMMISSIONERS
ATTEST; y ,` (Av�gfgC,yv WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board \J cque ' Ile J n on , Chairman
J EXCUSED
BY: _ Cr,Y/-��c< o . L-d/4 ,A-4.y1 Gor n E. Lacy, Pro-Tem
D putt' County clerkz
APPROVED AS TO FORM: ene R . Br n ner
Lt
C.W. Kirby
�
Coun y At orney EXCUSED DATE OF SIGNING - AYE
Frank Yamaguchi
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