HomeMy WebLinkAbout920320.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 32 LOCAL IMPROVEMENT DISTRICT NO.
1992-1, 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, the Board of County Commissioners has determined to create a Local
Improvement District which includes all or portions of Sections 13, 14, 23, and
24, Township 3 North, Range 68 West, all in relation to the 6th P.M. in an
unincorporated portion of Weld County, Colorado, in an area generally known as
property adjoining or accessing Weld County Road 32 between Interstate 25 and
Weld County Road 13.
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 32 as follows:
1. Pave and shoulder the above described road to a resulting roadway
with 12-foot travel lanes with a 2- to 4-foot gravel shoulder.
2. Placement of 6 inches of aggregate base course and preparation of
base course consisting of final grading, wetting, and compaction.
3. Placement of 21 inches of hot bituminous pavement on the above
described road in accordance with Weld County specifications and
subject to approval by the Weld County Engineer.
4. Major construction quantities include 3,900 tons of hot bituminous
pavement and 15,800 tons of aggregate base course.
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 under the County road 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
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DECLARE INTENT TO CREATE WELD COUNTY ROAD 32 LOCAL IMPROVEMENT DISTRICT
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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 by 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 informal notice by letter to each of the owners according to the
records of the Weld County Assessor of property located within Sections 13, 14,
23, and 24, Township 3 North, Range 68 West of the 6th P.M. , Weld County,
Colorado, and
WHEREAS, after consideration of the petitions 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 an equal amount per lot or
parcel, except for the parcels owned by Harbor American Health Care Trust, Inc. ,
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.
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DECLARE INTENT TO CREATE WELD COUNTY ROAD 32 LOCAL IMPROVEMENT DISTRICT
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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 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 computed to the outstanding balance 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, 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)
NOTICE
Docket No. 92-17
OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN WELD
COUNTY, COLORADO, TO BE KNOWN AS WELD COUNTY ROAD 32 LOCAL
IMPROVEMENT DISTRICT NO. 1992-1, 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
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DECLARE INTENT TO CREATE WELD COUNTY ROAD 32 LOCAL IMPROVEMENT DISTRICT
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be designated as Weld County Road 32 Local Improvement District No.
1992-1, 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 kind of improvements
proposed and the streets to be improved are as follows:
Weld County Road 32, between
Interstate 25 and Weld County Road
13, a distance of 2 miles.
The improvements include shaping,
grading, draining, and paving the
above described roads.
The major construction quantities
consist of 3,900 tons of hot
bituminous pavement and 15,800 tons
of aggregate base course.
2. The area to be included within the district includes all or
portions of Sections 13, 14, 23, and 24, Township 3 North,
Range 68 West of the 6th P.M. , Weld County, Colorado, as more
fully described in Exhibit "A". 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 computed to the 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
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
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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
$25,000. This represents an estimate of the cost of the labor
and materials for installation by contract of the hot
bituminous pavement and base preparation to be assessed to the
Local Improvement District. 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.
Based on the findings and determinations of the Board of
County Commissioners, it is intended that a portion of the
costs of the street improvements will be assessed equally
against all of the above described lots, parcels, and tracts,
with the exception of an assessment to be made against the
properties described as part of the SW'-, of Section 13,
Township 3 North, Range 68 West of the 6th P.M. , Weld County,
Colorado, owned by Harbor American Health Care Trust, Inc. ,
(Harbor American) in the amount of $5,000.
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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, except for Harbor American lots, is
$1,000, based upon the Engineer's cost divided equally among
the 20 lots, parcels, and tracts, with $5,000 assessed againt
the Harbor American properties. IT IS FURTHER STATED AS THE
INTENT OF THE BOARD OF COUNTY COMMISSIONERS THAT THE COST OF
INSTALLATION OF HOT BITUMINOUS PAVEMENT AND PREPARATION OF
BASE EXCEEDING THE AMOUNT OF $25,000 FOR THE DISTRICT,
EXCLUDING INTEREST OR ANY PENALTIES, WILL BE ASSUMED BY THE
COUNTY OF WELD.
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: June
1, 1992, at 9:00 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.
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
CLERK TO THE BOARD
BY: Shelly K. Miller, Deputy
DATED: April 22, 1992
PUBLISHED: April 30, 1992, in The New News
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 $25,000, which is $1,000 per lot, parcel, or tract, and in
addition, an assessment against the properties described as part of
the SW* of Section 13, Township 3 North, Range 68 West of the 6th
P.M. , Weld County, Colorado, owned by Harbor American Health Care
Trust, Inc. , in the amount of $5,000, and it is the intent of the
Board of County Commissioners that the assessment for the District
will not exceed $25, 000.
I. All Resolutions, or parts thereof, in conflict with the provisions
hereof be, and the same hereby are, repealed.
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DECLARE INTENT TO CREATE WELD COUNTY ROAD 32 LOCAL IMPROVEMENT DISTRICT
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The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following/o vote on the 22nd day of April, A.D. , 1992.
ATTEST: y 4/ /�� BOARD OF COUNTY COMMISSIONERS
�pDY[t�KKKIII/// / WELD COUNTY, COLORADO
Weld County Clerk to the Board
dye K nedy, Chairman 4'
BY: P
Deputy Cle k o the Constance L. Harb r , Pro-Tem
APPROVED AS TO RM:
ES; C. W. Kirb
County Attorney 7) � Gord Lacy
I
W. We ter
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