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Home My WebLink About910996.tiff RESOLUTION RE: ACTION OF BOARD DISMISSING PETITION CONCERNING CREATION OF WELD COUNTY ROAD 63 LOCAL IMPROVEMENT DISTRICT N0. 1991-3 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, CRS, 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 had preliminarily determined to create a local improvement district which included the Ni and the SE,' of the NE; of Section 7, Township 4 North, Range 63 West of the 6th P.M. , in an unincorporated portion of Weld County, Colorado. Said creation of the local improvement district was based upon the petition of owners of lots and parcels in said proposed local improvement district representing more than 507 of the proposed assessed valuation. 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 Weld County Road 63, 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 New News, a newspaper of general circulation in the County, not less than thirty days prior to the date of hearing, in addition, a 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 WHEREAS, the Board of County Commissioners heard the request of the only petitioners not to proceed at this time, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to the laws of the State of Colorado, hereby finds that due to an unexpected financial burden put upon the petitioners, the matter concerning the creation of said proposed District, should be dismissed. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the matter concerning the creation of a local improvement district on Weld County Road 63 be, and hereby is, dismissed, without prejudice to refile a new petition; and all previous actions of the Board be, and hereby are, vacated. 910996 Page 2 RE: DISMISS LOCAL IMPROVEMENT DISTRICT - WCR 63 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of August, A.D. , 1991. / BOARD OF COUNTY COMMISSIONERS ATTEST: DLL? WELD COUNTY, COLORADO Weld County Clerk to the Board 0 Gordo cy, C a an cd// _ t�_ BY: 1./7 -C,� K / z Geor e K ed g y, Pro-Tem (19 Deputy Clerk to the Bo rd EXCUSED APPROVED AS TO_FORM: Constance L. Harbert Ze)://7: y >`Ca tir � C.W. Kirby / -- t 9 County Attorney )(5L ' Ck W. H. 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I t O I C7 a 11 — - 1 I — ------ - • 04 (VON AINI100 013M 0210-.a.ro-M June 17, 1991 Clinton and Julia Warehime 22985 Weld County Road 61 Kersey, CO 80644 RE: WELD COUNTY LOCAL IMPROVEMENT DISTRICT Dear Mr. and Mrs. Warehime: As property owners, you are probably aware that there are efforts tc improve Weld County Road 63, from Weld County Road 50, south 1 mile. This is to notify you that a meeting with the board of County Commissioners concerning the Local Improvement District will be held at 10:00 a.m. on July 10, 1991, in the First Floor Hearing Room, Weld Cou-rty 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 improvements 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 }Taut appearance at the meeting, through a power of attorney to another person so that he may testify on your behalf, or you may submit a letter, prior to the hearing, to the Board of County Commissioners, P.O. Box 758, Greeley, Colorado 80632. Sincerely yours, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Gordon E. Lacy, Chairman 91 (n9" --Ex h, L) ,-I- f� NOTICE Docket No. 11-36 OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN WELD COUNTY, COLO3ADO, TO BE KNOWN AS WELD COUNTY ROAD 63 LOCAL IMPROVEMENT DISTRICT NO. 1991-3, FOR THE. PURPOSE OF CONSTRUCTING AND INSTALLING STREET IMPROVEMENTS TO INCLUDE ALIGNING, GRADING, AND GRAVELING, TOGETHER WITH ANY NECESSARY INCIDENTALS, TO CERTAIN `2OAD5 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, Coloradn, to be designated as Weld County Road 63 Local improvement District No. 1.99i -3, for the purpose of constructing and installing street improvements to in avdea aligning, grading, and graveling, together with any necessary incidentals , ani 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. l.. All persons are further notified that the kind of improvements proposed and the streets to be improved are as follows: Weld County Road 63, from Weld County Road 50, south a distan=e of one mile. The improvements include aligning, grading, and graveling the above described roads. Major construction quantities include three inches of aggregate base course 12 feet wide and 60 feet of 72- inch diameter culvert. 2. The area to be included within the district includes all or portions of the Ns and the SEw of the NEL of Section 7, Township 4 North, Range 63 West of the 6th P.M. 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 nine percent (97) simple interest per annum computed to the unpaid balance. 4. The assessment will be due and payable without demand within thirty (30) days from and after the effective date of a Resolution assessing the cost of said improvements, against 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 or the assessment against such property shall be payable in not more than ten (10) equal, annual installments of principal with interest accruing annually 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 ccst of the street improvements to be assessed against the property within the district is estimated not to exceed $11,500. This represents an estimate of the cost of the labor and materials for installation of the aggregate base course 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 .he 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 a more profitable use; C. The proposed improvements will facilitate access to the property any' thereby increase the convenience of the use of said property. C S 000.3(0 Page 2 RE : NOTICE OF HEARING - WCR 63 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 against the above described lots, par_els, 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 estimated cost per lot is $11,500, based upon the Engineer's cost divided equally among the 1 lot, parcel, and tract. IT IS FURTHER SPATED AS THE INTENT OF THE BOARD OF COUNTY COMMISSIONERS THAT, SHOULD THE COST OF INSTALLATION OF AGGREGATE BASE COURSE AND PREPARATION OF BASE: EKCEED THE AMOUNT OF $11,500 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 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: August 21, 1991 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. 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: Carol A. Harding, Deputy DATED: July 10, 1991 PUBLISHED: July 18, 1991, in The New News __ __ A. am: tuna et vault m .,a wa,�s,eedd improvement/ Hencrease; to a more Docket No 91-36 press TN use, improvement/ . OCREATE PROPOSITION TO will facilitate andVthereby lease the .+ µTS,. �UNTY COLORADO IAN epon�en[enee of the use of said STATE OF COLORADO ) BE D _ AS'WELD COIfHTTy Ra`aeda�e1i7.on the f' s and IMPROVEMENT p LOCAL determinations of the Boartd of )S.S.5. 1991-3 FONT p� (,T NO. intended is that all roots of COUNTY OF WELD OF the street improvement/ will a 1 INST'GJ' ' STREET saewed e8ainst the above YEMENTS TO INCLUDE deacNbed lot/.parcel,end Vact/. ALf NINC GRAD G :winners a dsmnena David H. Reynolds, being dui sworn GRAVELING, TOG Ry duly e ANY pIN WIITH t° the eeaaeassvents says that he is CESSARY eadnr atW y publisher of IROADS THEREIN NCIDENTALS TO CERTAIN tloneseHt/oaM V�o[which ier The New News, a weekly newspaper PUB 1 IUNG'TREERREON. A 'approximate amount to be assessed against any particular published in K burp in said County All owners Of Taal est/te and 'lot tract, or pertt1 0l pr Y and State; that said newspaper has a u`"°"`ti Nrel"afVr aescrIbW ma tint be determined,but 1 r it nt8ra1(y, are hereby is stated that the estimated cost general circulation in said County Board of comty is lot a $11,500,thebased upon the Cammiselonen of WOW Coun Englreeu•is coat divided equallY and has been Continously and CWmado, has adopted a em the tlot reel and tract. Resolution declaring its intent to IT IS FURTHER STATED AS uninterruptedly • published therein, creak a local improvementTHE INTENT OF THE BOARD district within an OF COi1N1'Y COMIA7SSIONERS during a period of at least area of Wad CountySeWeeolCO`oradn Ito TTRRppT SHOULD THE [pS'1' OF fifty-two consecutive weeks riot to Rbeoaad�l�e� es Weld CotintY AGGREGATE OF P sx Local Imyrovement AGGREGATE BASE COURSE the first publication of the annexed ODfistr No.1991-3,for me AND PREPARATION of BASE OF notice; that said newspaper is a atreekt p'WM s to include EXCEED nm maxim INN 11 0 PER LOT ER(:Ll1DINY newspaper within the meaning of the aabi aim to assess afting, and mxe°eua�� PENALTIES, THEILL COUNTY OF WEIR WILL ASSUME act of the General Assembly of the aaald imvraven eat/ as r PAYMENT OF THE EXCESS.by Petltlon a owners pat the 9. Upon completion d and State of Colorado,, entitled "An Act fraPertY who would bea of the total r mare improvements, oroest/n asdefin Me to regulate the printing of legal assessment within the district adad ascertained, the coat of the t� ccordeunce with the laws of the improvementskic shall be notices and advertisements and St/t/oft:omraao. eq ashall f be amendments thereto; that the notice „'�"t • �f r�"em,e°a ilat orsarb■pp1ae�ar1g" apoe,o are as nfRo wsatreeV to he held°rtri iha adgmen shall of which the annexed is a printed a caanty ROW 93, from Beeol °°sm°tn8 such cost, all copy taken from said newspaper, was asetladnce• "a aR°ad so, load a w by law. daYs wleTbe . T. Not 6 then kv tr i lication nw this published in said newspaper, and in adgdng, ,� nc,nae � t solution die above rOadegreveling sad1 � authorizing the regular and entire issue of oOM��ecastracion gnanddeH caby• de Boards coamb imches a a g Commissioners,to-wit; AM* every number thereof , base crourae la teat wiae�`eamle9t/o a 19:9) a.m. orr at � feet a T2-1,cb-diameter covert � �.�aarla8-- "Room d 2. The area to be included within a�01 the dialect hw.ludee all or roans Cou"b Cente"`dal once a week for a the Nl/2 and die SEI/�ea the successive weeks that said notice Norf!y °f °" T Townadp 4 �tb Teeth Street, GrseMY� i • P.M. Range DV69 4 cestt saha0 ealHt/o 6. Amy�was so published in said newspaper nclude the rghteof_way a the slew n8 tie j 1Oa amine Coun roWa desis•IbW Mreln. to be assessed tt eU Resolutions proper and not in any supplement 3. T�e p assessment for are on fin,APd ui thereof , and that the first i�f°agoaa"1e at/aa",a be paid in n can be seen end examined time try ubl ication of said notice as �`w,aeBl wrm �+natl °taw t/ a haoturs on an.v or before me publication • unpad Imtaliment/ at date referred to in Paraeraol T. aforesaid , was on the an interest `ioerxtaper per perceut 9. ABcinglain�de taint o"a can>Qg4d To tike urystd balantt�"k cooncernihat ng 6bee � (' 4. The"yae��es�ment wW be due or improvements by the owner be day of "-, 19 1..� s aitatmk�tWrty (y)�dwut demand owners c w�re�Prt hearai _ after the eHec�ve date ofdays from ana considered by Na Board of County C �eaautlon aeeesalg the cast a Commdeaonera at the meeting and the last on the 1 day of real pain uee`r°tvye ueuu t the spemiss ohs °`e mfat w, Q Paragraph ya¢als ag ad'oumment thared. (l�l.— Y asaesarn"'� � ids�s6edeairex�rnet any ac�ian anau �• � �orlUxE� a —.19 l ro rty t hie "r her a( pa withn said WEIR COUNTY .u,Dty 30 deYe, then the whole �� !,t, such p aseeuslmaeht against BY: I)ONAIDD.WARD - rote y i pa C1,ERiC TO THE BOARD annual us than (7II)y.egUai BY ref A.Haralk6,llaput9 �+�� M pe sandl ��gHuh'107Hardila. 19n, in --,-e,(,),:-Li), Ali / CL ,, with interestt/�1ent/ 1�N.� � '� a'a'aam�entwa.�as The Newu News aforesei . The firs a such dpeYaleatae shall be due Ya Subscribed and sword, to before a urninW 1„ t� as ma 7a assessing Reetlutloo e d Ne /� Y st ll mine d Held imtallmenfa l da of <,f a success Vbe due and Payable MS. this .�'��. y / each year ep theme Mme ley m i otherwise unless Board of Cointy. Commission 19 until the are I 5 As snOwn din estimates i total Weld COW*Hie ineer,esthe y / a / 1,91. 9/1 P /41Les�u+,.<J unprovementfsprotpoe l sa�seadt of dlitriumir t stlstprnpartY within the 91150), ygis es not to exceed estimate of the coat ae�t°labor and materials for installation of n s rr:Fi? ( '> �;. base"8re�rpanlina beet course and gAii; :on l Countvp c tlon. The Board of fa CRS 3D• �a rsl.purs"e�nyt found eW de4rtnined list es`ch and every d tft lot or ch will moment, i.cdly 6aaalt fry r� oromaavt k..,..._.�_. _the CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing was placed in the United States mail, postage prepaid, addressed to the following property owners within the Weld County Road 63 Local Improvement District No. 1991-3. DATED this 3l — day of kl "44,- , 1991. 1�/i/ar1 ,C. )11C�la� - - Deputy Clerk t,6 the Board Hello