HomeMy WebLinkAbout900483.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 71ST
AVENUE LOCAL IMPROVEMENT DISTRICT NO. 1990-1, 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 o£ 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 portions of
Sections 8 , 9, 16 and 17 , Township 5 North, Range 66 West, in
relation to the 6th Principal Meridian in an unincorporated
portion o£ Weld County, Colorado, in an area west of Greeley,
between U.S. Highway 34 Bypass, and U.S. Highway 34 Business
Route, more particularly described as lots within the Knaus
Subdivision Second and Third Filings; Lots 1 and 2, 1st Replat of
Bird Subdivision; and Peterson-Alexander Subdivision, excepting
Lot 5, Block 1; and for each individual parcel of land adjoining
71st Avenue between U.S. Highway 34 Business Route and U.S.
Highway 34 Bypass more particularly described in Exhibit "A" ,
attached hereto and incorporated by this reference. Said creation
of the local improvement district is based upon the petition of
owners of lots and parcels in said proposed local improvement
district representing more than 508 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
"B" , to construct certain improvements on 71st Avenue between U.S.
Highway 34 Business Route (also known as West 10th Street) and
U.S. Highway 34 Bypass, which improvements are as described in
this Resolution, and
WHEREAS, the Board finds it is in the best interest of the
inhabitants o£ the area to provide the following improvements to
71st Avenue as follows:
1 . To shape, grade, drain, prepare the base, and pave the
above described roads to a resulting roadway with
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RE: DECLARE INTENT - 71ST AVENUE LOCAL IMPROVEMENT DISTRICT
12-foot travel lanes with 6-foot shoulders on the above
described Weld County Roads.
2. The base course preparation is to include final grading,
wetting and compaction.
3 . Placement of three inches (3") of hot bituminous
pavement on the above described portion of 71st Avenue.
All work is to be built according to Weld County
specifications and be approved by the Weld County
Engineer.
4 . Major construction quantities include 4,590 tons of hot
bituminous pavement.
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 six inches of aggregate base course on the above described
road, and installation of culverts necessary to accomplish
drainage incident to the road improvements, and cost of paving in
excess of that contributed by the local improvement district, 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
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
located within Knaus Subdivision, Second and Third Filings; 1st
Replat of Bird Subdivision; Peterson-Alexander Subdivision; and
each parcel or lot fronting on 71st Avenue between U.S . Highway 34
Bypass and U.S. Highway 34 Business Route, and
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RE: DECLARE INTENT - 71ST AVENUE LOCAL IMPROVEMENT DISTRICT
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 as follows: each lot within
Knaus Subdivision, Second and Third Filings; and
Peterson-Alexander Subdivison, except Lot 5 , Block 1 , shall be
assessed $350. 00, and each remaining lot or parcel within the
local improvement district shall be assessed $1 , 900 . 00 , 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 together with installments
of interest on unpaid installment at an interest rate of nine
percent (98) 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.
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RE: DECLARE INTENT - 71ST AVENUE LOCAL IMPROVEMENT DISTRICT
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 Greeley Tribune,
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. 90-17
OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN WELD
COUNTY, COLORADO, TO BE KNOWN AS WELD COUNTY 71ST AVENUE LOCAL
IMPROVEMENT DISTRICT NO. 1990-1 , 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 71st Avenue Local Improvement
District No. 1990-1 , 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 type of
improvements proposed and the streets to be improved are as
follows:
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RE: DECLARE INTENT - 71ST AVENUE LOCAL IMPROVEMENT DISTRICT
71st Avenue between U.S. Highway 34 Business
Route and U.S. Highway 34 Bypass; in an area
generally west of the developed portion of the
City of Greeley, Weld County, Colorado.
The improvements include shaping, grading,
draining, and paving the above described
roads.
The major construction quantities include
approximately 4 ,590 tons of hot bituminous
pavement.
2 . The area to be included within the district includes
portions of Sections 8 , 9 , 16 and 17, Township 5 North, Range 66
West, in relation to the 6th Principal Meridian in an
unincorporated portion of Weld County, Colorado, in an area west
of Greeley, between U.S. Highway 34 Bypass, and U.S. Highway 34
Business Route, more particularly described as lots within the
Knaus Subdivision, Second Filing, as recorded at Book 741 ,
Reception No. 01662603; Knaus Subdivision, Third Filing, as
recorded at Book 741, Reception No. 01662604; Lots 1 and 2 , 1st
Replat of Bird Subdivision, as recorded at Book 1255 , Reception
No. 02205008; and Peterson-Alexander Subdivision, excepting Lot 5,
Block 1, as recorded at Book 918 , Reception No. 01840116; and for
each individual parcel of land adjoining 71st Avenue between U.S.
Highway 34 Business Route and U.S. Highway 34 Bypass more
particularly described in Exhibit "A" , attached hereto and
incorporated herein by this reference.
3 . The assessment for said improvements may be paid in ten
(10) equal annual installments of principal together with
installments of interest on unpaid installments at an interest
rate of nine percent (9%) 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
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RE: DECLARE INTENT - 71ST AVENUE LOCAL IMPROVEMENT DISTRICT
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, including base work,
paving and administrative costs , is estimated not to exceed
$260 ,000 . 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 paving is estimated to cost
$98 ,000. 00. 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;
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 some of the costs of the
street improvements will be assessed against all of the above
described lots, parcels, and tracts in the following fashion: All
lots within Knaus Subdivision, Second and Third Filings; and
Peterson-Alexander Subdivision, except for Lot 5 , Block 1, shall
be assessed an amount not to exceed $350 .00 and all other lots and
parcels adjoining 71st Avenue between U.S. Highway 34 Business
Route and U.S. Highway 34 Bypass shall be assessed an amount not
to exceed $1 ,900. 00; in both cases the amounts exclude penalties
and interest.
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, tract, or parcel of property may be
determined. THE COUNTY OF WELD WILL ASSUME PAYMENT OF ANY AMOUNT
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RE: DECLARE INTENT - 71ST AVENUE LOCAL IMPROVEMENT DISTRICT
IN EXCESS OF THE $74, 250 . 00 TO BE CONTRIBUTED BY MEANS OF THE
ASSESSMENTS.
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 18th day of July, 1990 , 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.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
By: Mary Reiff, Deputy
DATED: June 6 , 1990
PUBLISHED: June 14 , 1990, 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:
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RE: DECLARE INTENT - 71ST AVENUE LOCAL IMPROVEMENT DISTRICT
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 some of the costs of the street
improvements will be assessed against each of the herein described
lots and parcels.
H. The costs of paving to be assessed the lots and parcels
will not exceed $74, 250. 00 total.
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 6th day of
June, A.D. , 1990 .
‘7170 (2BOARD O COUNTY COMMISSIONERS
ATTEST: ¢�^�� WELD NTYY,, CO RADO
Weld County 1erk and Recorder /`
and Clerk to the Board ene R. Brantner, Chairman
Y: George Kennedy, Pro-Tem
eputy County C erk gt9-12_5nagete.v / me"
APPROVED AS TO FORM: Constance L. Har ert
C.( Kin
r/�fiytLe l r
County Attorney EXCUSED
Gordon E. Lacy
900483
EXHIBIT "A"
Lots 1-21 , inclusive, .Knaus Subdivision, 2nd Filing, as
recorded at Book 741 , Reception No. 01662603, in the records of
the Weld County Clerk and Recorder;
Lots 1-6, inclusive, Block 1; Lots 1-10, inclusive, Block 2;
Lots 1-4 , inclusive, Block 3; Lot 1-8 , inclusive, Block 4; and
Lots 1-8 , Block 5 , all in Knaus Subdivision, 3rd Filing, as
recorded at Book 741 , Reception No. 01662604 , in the records of
the Weld County Clerk and Recorder;
Lots 1 and 2, 1st Replat of Bird Subdivision, as recorded at
Book 1255 , Reception No. 02205008 , in the records of the Weld
County Clerk and Recorder;
Lots 1-4 and 6-8 , inclusive, of Block 1, and Lots 1-7 ,
inclusive, Block 2 , Peterson-Alexander Subdivision, as recorded at
Book 918, Reception No. 01840116, in the records of the Weld
County Clerk and Recorder;
Together with the following described parcels:
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