HomeMy WebLinkAbout931684.tiff AMENDED 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 ARROWHEAD LOCAL IMPROVEMENT DISTRICT NO.
1993-1, ADOPTING DETAILS AND SPECIFICATIONS THEREFORE, ORDERING THE
PUBLICATION AND MAILING NOTICES OF HEARING TO THE OWNERS OF 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, on January 6, 1993, the Board of County Commissioners considered
the issue of whether or not to declare the intent of the Board to create a local
improvement district within the County to be designated as Weld County Arrowhead
Local Improvement District #1993-1, and
WHEREAS, at said January 6, 1993 hearing, the Board of County Commissioners
decided to declare said intent to create said local improvement district and to
approve the signatures of the members of the Board of County Commissioners on the
Resolution of the same date, and
WHEREAS, on February 17, 1993, the Board of County Commissioners heard the
matter of creating the Weld County Arrowhead Local Improvement District #1993-1,
upon notice duly given as required pursuant to the Declaration Resolution, signed
on January 6, 1993, and
WHEREAS, at said hearing on February 17, 1993, the Board of County
Commissioners determined that the notice required by the original intent
Resolution was incorrect; therefore, the Board continued the creation hearing set
for February 17, 1993, to and until March 31, 1993, and decided to amend the
original Intent Resolution with this Amended Resolution, and
WHEREAS, the Board of County Commissioners has determined to create a Local
Improvement District which includes all of Arrowhead Subdivision, vacation and
rededication of 1st Filing Arrowhead, recorded at Reception #1424095, filed
December 19, 1963; 2nd Filing Arrowhead, recorded at Reception #1409340 on May
27, 1963; 3rd Filing Arrowhead, recorded at Reception #1424420 on December 23,
931684
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DECLARE INTENT TO CREATE ARROWHEAD LOCAL IMPROVEMENT DISTRICT (AMENDED)
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1963; and 4th Filing, recorded at Reception #1596868 on September 5, 1972, as
replatted by Replat of Block 10, Arrowhead Subdivision, 4th Filing at Reception
#02037407 on December 30, 1985, in part of Section 27, Township 5 North, Range
66 West, all in relation to the 6th P.M. in an unincorporated portion of Weld
County, Colorado, in an area generally south of the existing city limits of
Greeley and west of the existing city limits of Evans, and
WHEREAS, the Board finds it is in the best interest of the inhabitants of
the area to provide the following improvements to Cheyenne Drive, Pawnee Drive,
Kiowa Drive, Ute Drive, and that part of Arrowhead Drive which is not paved, as
follows:
1. Pave and shoulder the above described roads to a resulting roadway
with 12-foot travel lanes with a 2- to 4-foot gravel shoulder.
2. Placement of 4 inches of aggregate basecourse and preparation of
basecourse consisting of final grading, wetting and compaction.
3. Placement of 2z inches of hot bituminous pavement on the above
described roads, in accordance with Weld County specifications and
subject to approval by the Weld County Engineer.
4. Major construction quantities include 4, 181 tons of hot bituminous
pavement and 7,200 tons of aggregate basecourse.
WHEREAS, Weld County will provide all administrative, engineering, and base
preparation work separate from the creation of the local improvement district,
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 benefitted by the district, and
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DECLARE INTENT TO CREATE ARROWHEAD LOCAL IMPROVEMENT DISTRICT (AMENDED)
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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 Assessor of property located within Arrowhead
Subdivision, vacation and rededication of 1st Filing Arrowhead, recorded at
Reception //1424095, filed December 19, 1963; 2nd Filing Arrowhead, recorded at
Reception #1409340 on May 27, 1963; 3rd Filing Arrowhead, recorded at Reception
#1424420 on December 23, 1963; and 4th Filing, recorded at Reception #1596868 on
September 5, 1972, as replatted by Replat of Block 10, Arrowhead Subdivision, 4th
Filing at Reception #02037407 on December 30, 1985, in part of Section 27,
Township 5 North, Range 66 West, all in relation to the 6th P.M. in an
unincorporated portion of Weld County, Colorado, 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 of the property described in Exhibit "A" herein,
and that the benefits are most equitably shared on one share amount per lot or
parcel adjacent to the streets to be improved and a one-half share amount for
those not adjacent to streets being improved, and
WHEREAS, the Board of County Commissioners is authorized, pursuant to
Section 30-20-606(1) , Colorado Revised Statutes, 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
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DECLARE INTENT TO CREATE ARROWHEAD LOCAL IMPROVEMENT DISTRICT (AMENDED)
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assessing resolutions. 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 eight percent (8%) 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. 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 Windsor Beacon, said publication 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)
NOT I C E
Docket No. 93-01
OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN WELD
COUNTY, COLORADO, TO BE KNOWN AS WELD COUNTY ARROWHEAD LOCAL
IMPROVEMENT DISTRICT N0. 1993-1, 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 Arrowhead Local Improvement District
No. 1993-1, for the purpose of constructing and installing street
AMENDED
DECLARE INTENT TO CREATE ARROWHEAD LOCAL IMPROVEMENT DISTRICT (AMENDED)
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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:
Cheyenne Drive, Pawnee Drive, Kiowa
Drive, Ute Drive, and part of
Arrowhead Drive, which are the
unpaved roads in Arrowhead
Subdivision, Filings 1 through 4.
The improvements include shaping,
grading, draining, and paving the
above described roads.
The major construction quantities
consist of 4, 181 tons of hot
bituminous pavement.
2. The area to be included within the district includes all of
Arrowhead Subdivision, vacation and rededication of 1st Filing
Arrowhead, recorded at Reception #1424095, filed December 19,
1963; 2nd Filing Arrowhead, recorded at Reception #1409340 on
May 27, 1963; 3rd Filing Arrowhead, recorded at Reception
#1424420 on December 23, 1963; and 4th Filing, recorded at
Reception #1596868 on September 5, 1972, as replatted by
Replat of Block 10, Arrowhead Subdivision, 4th Filing at
Reception #02037407 on December 30, 1985, in part of Section
27, Township 5 North, Range 66 West, all in relation to the
6th P.M. in an unincorporated portion of Weld County,
Colorado. The District shall also include the rights-of-way
of the County roads 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 eight
percent (8%) 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
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DECLARE INTENT TO CREATE ARROWHEAD LOCAL IMPROVEMENT DISTRICT (AMENDED)
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the real property described herein in Paragraph 2. In the
event any assessment against his or her property is not paid
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 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
$1,310 for the 111 lots that are currently adjacent to unpaved
roads; and $655 (one-half assessment) for the 52 lots that are
not currently adjacent to unpaved roads. 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 Section 30-20-606, Colorado Revised Statutes, 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;
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.
AMENDED
DECLARE INTENT TO CREATE ARROWHEAD LOCAL IMPROVEMENT DISTRICT (AMENDED)
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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, tract, or parcel of
property may be determined, but further it is stated that the
approximate cost per lot is $1,310 for the 111 lots that are
adjacent to unpaved roads, and $655 (one-half assessment) for
the 52 lots that are not adjacent to unpaved roads, based upon
the Engineer's cost estimate. THESE COSTS ARE ESTIMATES ONLY.
THE ACTUAL COST MAY BE HIGHER OR LOWER, DEPENDING UPON THE
FINAL OVERALL COST OF THE PROJECT. IT IS NOT ANTICIPATED THAT
PAVING SHOULD OR WILL REQUIRE RELOCATION OF GAS TRANSMISSION
LINES WITHIN OR ALONG SIDE PUBLIC RIGHTS-OF-WAY. SHOULD SUCH
RELOCATION BECOME NECESSARY IN THE OPINION OF THE WELD COUNTY
ENGINEER, HE WILL BE DIRECTED NOT TO PROCEED WITH THE PAVING,
BUT TO REMAND THE MATTER TO THE BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO, FOLLOWING NOTICE TO PROPERTY OWNERS
WITHIN THE ARROWHEAD LOCAL IMPROVEMENT DISTRICT FOR FURTHER
PROCEEDINGS INCLUDING CONSIDERATION OF VACATING THE RESOLUTION
CREATING THE DISTRICT. WELD COUNTY DOES NOT AGREE TO PAY THE
COSTS OF RELOCATION OF GAS TRANSMISSION LINES.
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 assessing such cost, all as provided
by law.
7. A Resolution authorizing said improvements will be considered
by the Board of County Commissioners, to-wit: March 31, 1993,
at 10:00 a.m. , or at an adjourned meeting thereafter, in the
First Floor Hearing Room of the Weld County Centennial Center,
915 Tenth 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.
AMENDED
DECLARE INTENT TO CREATE ARROWHEAD LOCAL IMPROVEMENT DISTRICT (AMENDED)
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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: DONALD D. WARDEN
CLERK TO THE BOARD
BY: Shelly K. Miller, Deputy
DATED: February 17, 1993
G. The Board of County Commissioners, pursuant to Section 30-20-606,
Colorado Revised Statutes, 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:
1. The market value of the property will increase;
2. The proposed improvements will adapt the property to a more
profitable use;
3. 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;
4. 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
5. 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 $179, 470, which is $1,310 each for the 111 lots that are
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DECLARE INTENT TO CREATE ARROWHEAD LOCAL IMPROVEMENT DISTRICT (AMENDED)
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adjacent to unpaved roads, and $655 each (one-half assessment) for
the 52 lots that are not adjacent to unpaved roads, and it is the
intent of the Board of County Commissioners that the assessment per
parcel, tract, or lot will not exceed $1,310 each for the 111 lots
that are adjacent to unpaved roads, and $655 each (one-half
assessment) for the 52 lots that are not adjacent to unpaved roads,
I. 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 February, A.D. , 1993.
1 i / 1 BOARD OF COUNTY COMMISSIONERS
ATTEST:Al 1' � ' / �, WELD COUNTY, COLORADO
/V¢itAt/ !V 1/1/Gi%j 'yf
Weld County Clerk to the Board (4 "` 6/
Constance L. Harbert, Chairman
Deputy Clerk to the—Boar W. H. Webst`�r, Pr -Tem
APPROVED AS TO FORM:.,./r,
') eorge V .Baxte 1
� i $6 County Attorney Dale K. Hall
/
Barbara J. Kirkmeyer
AMENDED
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