HomeMy WebLinkAbout930073.tiff RESOLUTION
RE: CREATION OF WELD COUNTY ARROWHEAD LOCAL IMPROVEMENT DISTRICT NO. 1993-1
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 a majority of the 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 hearing on January 6, 1993, the Board decided to declare
the 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 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 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, decided to amend the original Intent Resolution with the Amended
Resolution, and ordered the Clerk to the Board's Office to amend the notice in
this matter, and
WHEREAS, at said hearing on March 31, 1993, the Board of County
Commissioners considered the creation of a local improvement district which
includes all or portions 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, in an area
generally south of the existing city limits of Greeley and west of the existing
city limits of Evans. More specifically, the local improvement district will
include shaping, grading, draining, and paving the above described roads. Also
included within the district are the rights-of-way for Cheyenne Drive, Pawnee
Drive, Kiowa Drive, Ute Drive, and that part of Arrowhead Drive which is not
paved. Said creation of the local improvement district is based upon the
petition of owners of 110 of the 163 lots and parcels in said proposed local
improvement district, and
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RE: CREATE WELD COUNTY ARROWHEAD LOCAL IMPROVEMENT DISTRICT NO. 1993-1
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WHEREAS, the petition has been filed with the Clerk to the Board of County
Commissioners and is attached hereto as Exhibit "A", and
WHEREAS, notice of the March 31, 1993, hearing concerning creation of the
district and the construction and installation of the improvements therein 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 March 31, 1993, hearing, 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 considered any protests and
objections presented in writing or by appearance at the hearing, and
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to the laws of the State of Colorado, hereby finds and determines that
there exists a necessity for the creation of a local improvement district within
unincorporated Weld County, Colorado, to be designated as Weld County Arrowhead
Local Improvement District No. 1993-1, and the construction and installation
therein of certain improvements said improvements being found to be in the best
interests of the inhabitants of the area.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado:
A. That a local improvement district for the construction and
installation of street improvements, to include shaping, grading,
drainage, preparation of the base and grading, compaction, and
paving, together with any necessary incidentals on certain County
roads as hereinafter described, is hereby created and established in
accordance with the laws of the State of Colorado, and shall be
known and designated as "Weld County Arrowhead Local Improvement
District No. 1993-1." All proceedings heretofore taken by the Board
of County Commissioners and the County staff and then ratified in
connection with the district are hereby ratified, approved and
confirmed. This proposal to create said district was initiated by
the Board of County Commissioners by Resolution of November 18,
1993, upon a petition, proper in form, subscribed by a majority of
the owners of property who will bear the cost of more than one-half
of the total proposed assessment in the district and notice duly
given as heretofore stated.
B. That the Engineer's reports, together with all of the details,
specifications, estimates, maps and schedules thereto attached or
appended, are hereby approved and adopted.
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RE: CREATE WELD COUNTY ARROWHEAD LOCAL IMPROVEMENT DISTRICT NO. 1993-1
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C. That the area to be included with the district includes all or
portions 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, in an area generally south of the existing city
limits of Greeley and west of the existing city limits of Evans.
More specifically, the local improvement district will include
shaping, grading, draining, and paving the above described roads.
The particular lots proposed to be assessed are shown in Exhibit
"A", attached hereto and incorporated herein by this reference.
Also included within the district are the rights-of-way for Cheyenne
Drive, Pawnee Drive, Kiowa Drive, Ute Drive, and that part of
Arrowhead Drive which is not paved, as described herein.
D. That Weld County, Colorado, plans to accept bids for contracts to
shape, grade, drain, prepare the base, and pave Cheyenne Drive,
Pawnee Drive, Kiowa Drive, Ute Drive, and that part of Arrowhead
Drive which is not paved. The resulting roadway shall have 12-foot
travel lanes with 2- to 4-foot gravel shoulders on each of the above
described Cheyenne Drive, Pawnee Drive, Kiowa Drive, Ute Drive, and
that part of Arrowhead Drive which is not paved. The base course
preparation is to include final grading, wetting and compaction.
Paving shall include placement of 2i inches of hot bituminous
pavement on the above described portions of Cheyenne Drive, Pawnee
Drive, Kiowa Drive, Ute Drive, and that part of Arrowhead Drive
which is not paved. All work is to be built according to Weld
County specifications and be approved by the Weld County Engineer.
The major construction quantity includes 4, 181 tons of hot
bituminous pavement and 7,200 tons of aggregate basecourse, as well
as traffic control devices for control of the construction area. 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 is directed not to proceed with the paving, but
to remand this matter to this Board, following notice to property
owners within this district for further proceedings including
consideration of vacating this resolution creating this district.
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RE: CREATE WELD COUNTY ARROWHEAD LOCAL IMPROVEMENT DISTRICT NO. 1993-1
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E. That the construction and installation of the improvements in and
for the district, as shown by the plans, specifications and maps
thereof, prepared by the Weld County Engineer and approved by the
Board of County Commissioners of Weld County, and now on file in the
office of the Clerk to the Board, be, and the same hereby are,
authorized and ordered, the materials to be used in the construction
of said improvements to be in accordance with such maps, plans, and
specifications.
F. That the probable cost of the improvements to be assessed to
property within the district, based upon the best information
available to this Board and formulated in good faith, is estimated
to be approximately $1,413 for the 111 lots that are currently
adjacent to unpaved roads; and $706 (one-half assessment) for the 52
lots that are not currently adjacent to unpaved roads. This
represents an estimate of the costs of the labor and materials for
installation by contract of the hot bituminous pavement and base
preparation and installation of traffic control devices.
Based on the findings and determination of this Board, each of the
lots in the plats described in Paragraph C herein is to be
specifically benefitted and each lot shall be assessed equally on a
per lot basis the amount based on costs for materials and labor for
the paving in the amounts set forth above. This will not include
any costs assumed by the County, including engineering and
administrative fees and any improvements made to the gravel roads
prior to the contract work being performed. 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.
G. 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 or ordinance. However, all such assessments
may be paid at the election of the owner, in ten equal, annual
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RE: CREATE WELD COUNTY ARROWHEAD LOCAL IMPROVEMENT DISTRICT NO. 1993-1
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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 prior to December 31, 1993, or at such
earlier time as may be indicated in the assessing resolution or
ordinance. The remainder of the annual installments or assessments
and annual payments of interest shall be due and payable
successively on the same day each year thereafter until all are paid
in full.
H. That the Board of County Commissioners, pursuant to Section
30-20-606, Colorado Revised Statutes, hereby finds and determines
that each of the 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) The proposed improvements will facilitate access to the
properties and thereby increase the convenience of use of said
properties and will benefit parcels currently adjacent to
paved roads by redirecting traffic onto more direct routes to
other properties;
4) 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; and
5) The alleviation of fugitive dust will reduce maintenance costs
to the subject properties and paving will lessen the
maintenance required for a public road.
I. That the Board indicates its intent to receive bids in accordance
with Section 30-20-622, Colorado Revised Statutes, and the Weld
County Home Rule Charter for the construction of the improvements
described herein.
J. That all resolutions or parts thereof in conflict with this
resolution are hereby repealed, but all portions of the resolution
indicating the intent to create the district not in conflict with
the provisions of this resolution are re-enacted as if set forth
herein.
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RE: CREATE WELD COUNTY ARROWHEAD LOCAL IMPROVEMENT DISTRICT NO. 1993-1
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The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 31st day of March, A.D. , 1993.
p BOARD OF COUNTY COMMISSIONERS
ATTEST: {' A'�:` n WELD� COUNTY, COLORADO 14
Weld County Clerk to the Board 1 ",/�: e
Gjy A Constance L. Har,,bert, Chairman
BY: /- 1-- Y ,-... �
eputy C k to the Board W. H. Webster, Pr
APP TO FORM:
eorge Baxte
unEy Attorney �7 i Dale K. Hall /
Barbara J. Kirkmey r
930073
CLERK TO THE BOARD
,..
1\ P.O. BOX 758
WilDe
COLORADO
April 8, 1993
State Division of Local Government
Department of Local Affairs
{ 1313 Sherman Street, Room 520
If Denver, Colorado 80203
Gentlemen:
Enclosed is a Resolution concerning the creation of Weld County Arrowhead Local
Improvement District #1993-1.
If you have any questions, please call this office at 356-4000, ext. 4217, or you
can call our Assistant County Attorney, Lee Morrison, at 356-4000, ext. 4391.
Sincerely,
WELD COUNTY CLERK TO THE BOARD
By: d/2.27 - Qiz� �
Deputy Clerk to t] Board
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930973
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