HomeMy WebLinkAbout910538.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 63 LOCAL IMPROVEMENT DISTRICT NO.
1991-3, 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 the Ns and the SE; of the NEk of Section 7,
Township 4 North, Range 63 West all in relation to the 6th P.M. , in an
unincorporated portion of Weld County, Colorado, in an area generally one mile
south on Weld County Road 63 from Weld County Road 50.
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 63 as follows:
1. Align, grade, and gravel the above-described road, including
relocating one-half mile of fence and 60 feet of 72 inch diameter
culvert.
2. The base course preparation is to include final grading, wetting and
compaction.
3. Placement of three inches (3") of aggregate base course, on the
above described portion of Weld County Road 63, 12 feet wide. All
work is to be built according to Weld County specifications and to
be approved by the Weld County Engineer.
4. Major construction quantities include three inches of aggregate base
course 12 feet wide consisting of 1,200 tons of aggregate and 60
feet of 72-inch diameter culvert.
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 three inches of aggregate base course on the
above described roads, 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
910538
Lati, h, 4- G cnMa, An .1. c,. . • L1at; �naa.�
Page 2
RE: WELD COUNTY ROAD 63 LOCAL IMPROVEMENT DISTRICT #1991-3
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 informal notice by letter to each of the owners according to the
records of the Weld County Assessor of property located in part of the N? and the
SEa of the NEq of Section 7, Township 4 North, Range 63 West of the 6th P. M. in
an unincorporated portion of Weld County, Colorado, in an area generally one mile
south on Weld County Road 63 from Weld County Road 50, 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 an equal amount per lot or
parcel, 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.
910538
Page 3
RE: WELD COUNTY ROAD 63 LOCAL IMPROVEMENT DISTRICT #1991-3
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 the unpaid balance at an
interest rate of nine percent (99) simple interest per annum
computed to the unpaid balance. 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 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. 91-36
OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN WELD
COUNTY, COLORADO, 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 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 Road 63 Local Improvement District No. 1991-3, for the
purpose of constructing and installing street improvements to
910538
Page 4
RE: WELD COUNTY ROAD 63 LOCAL IMPROVEMENT DISTRICT #1991-3
include aligning, grading, and graveling, 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 63, from Weld County Road
50, south a distance 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 Ni and the SE; 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 of 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.
910538
Page 5
RE: WELD COUNTY ROAD 63 LOCAL IMPROVEMENT DISTRICT #1991-3
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
$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 the 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 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 all of the costs of
the street improvements will be assessed against 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
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 STATED AS THE INTENT OF THE BOARD OF COUNTY
COMMISSIONERS THAT, SHOULD THE COST OF INSTALLATION OF
AGGREGATE BASE COURSE AND PREPARATION OF BASE EXCEED 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
910538
Page 6
RE: WELD COUNTY ROAD 63 LOCAL IMPROVEMENT DISTRICT 111991-3
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
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:
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
property and thereby increase the convenience of use of said
property.
910538
Page 7
RE: WELD COUNTY ROAD 63 LOCAL IMPROVEMENT DISTRICT #1991-3
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 $11,500, which is $11,500 per lot, parcel, or tract, and it
is the intent of the Board of County Commissioners that the
assessment per parcel, tract, or lot will not exceed $11,500.
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 10th day of July, A.D. , 1991.
/0111447 BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED DATE OF SIGNING - (AYE)
Gordon E. Lacy, Chairman
By: / CzAdd),� iL fi
Deputy Clerk to the Bo 1 Geo e Kennedy, Pro- eT m
APPROVED AS TO FORM: if
Constance L. Harbert
C7 4/74V-4-
County Attorney C. W. Kirby ;
ikr—W �,� lit7;61j
W. H. Webster
910538
Hello