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HomeMy WebLinkAbout960371 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 ROTH SUBDIVISION LOCAL IMPROVEMENT DISTRICT NO. 1995-1, 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 certain roads and streets within Lots 1 and 2, 8 through 47, and 50 through 57 of the Roth Subdivision, First Filing, as recorded under Reception Number 1534568 of the records of the Weld County Clerk and Recorder, all in relation to the 6th P.M., in an unincorporated portion of Weld County, Colorado, in an area generally known as Roth Subdivision, an area north of the Town of Windsor, Colorado, and WHEREAS, the Board finds it is in the best interest of the inhabitants of the area to provide the following improvements to Rodney Street between Brian Avenue and Weld County Road 15, Steven Street between Brian Avenue and Gaylin Avenue, Gaylin Avenue between Rodney Street and Weld County Road 76, and Brian Avenue from the south line of Roth Subdivision, First Filing, to Weld County Road 76, all within Roth Subdivision, as follows: 1. Shape, grade, pave, and shoulder the above described streets and avenues. 2. Placement of 2 inches of asphalt pavement, 24-foot wide; 4 inches of aggregate base course; and 4-foot wide aggregate shoulders. 3. Major construction quantities include 1,870 tons of hot bituminous pavement and 4,800 tons of aggregate basecourse. ad: A5; %e1 IN; Ad /=/LE - CA GAarle5 960371 SD0050 RE: DECLARE INTENT TO CREATE LID#1995-1 - ROTH SUBDIVISION PAGE 2 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 four 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 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 within Lots 1 and 2, 8 through 47, and 50 through 57 of the Roth Subdivision, First Filing, as recorded under Reception Number 1534568 of the records of the Weld County Clerk and Recorder, all in relation to the 6th P.M., Weld County, Colorado, 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 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. 960371 SD0050 RE: DECLARE INTENT TO CREATE LID#1995-1 - ROTH SUBDIVISION PAGE 3 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 with installments of interest on unpaid installments at an interest rate of six and one-quarter percent (6.25%) 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 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 North Weld Herald, 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: 960371 SD0050 RE: DECLARE INTENT TO CREATE LID #1995-1 - ROTH SUBDIVISION PAGE 4 (Form of Notice of Hearing) NOTICE Docket No. 96-16 OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN WELD COUNTY, COLORADO, TO BE KNOWN AS WELD COUNTY ROTH SUBDIVISION LOCAL IMPROVEMENT DISTRICT NO. 1995-1, 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 Roth Subdivision Local Improvement District No. 1995-1, 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: Rodney Street between Brian Avenue and Weld County Road 15, Steven Street between Brian Avenue and Gaylin Avenue, Gaylin Avenue between Rodney Street and Weld County Road 76, and Brian Avenue from the south line of Roth Subdivision, First Filing, to Weld County Road 76, all within Roth Subdivision The improvements include shaping, grading, draining, and paving the above described roads. The major construction quantities consist of 1,870 tons of hot bituminous pavement and 4,800 tons of aggregate basecourse. 960371 SD0050 RE: DECLARE INTENT TO CREATE LID #1995-1 - ROTH SUBDIVISION PAGE 5 2. The area to be included within the district includes all or portions of Lots 1 and 2, 8 through 47, and 50 through 57 of the Roth Subdivision, First Filing, as recorded under Reception Number 1534568 of the records of the Weld County Clerk and Recorder, all in relation to the 6th P.M., in an unincorporated portion of Weld County, Colorado. 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 six and one-quarter percent (6.25%) 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 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 $138,000.00. 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 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; 960371 SD0050 RE: DECLARE INTENT TO CREATE LID#1995-1 - ROTH SUBDIVISION PAGE 6 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 all of the costs of the street improvements will be assessed equally against all of 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 $2,760.00, based upon the Engineer's cost divided equally among the 50 lots, parcels, and tracts. IT IS FURTHER STATED AS THE INTENT OF THE BOARD OF COUNTY COMMISSIONERS THAT, SHOULD THE COST OF INSTALLATION OF HOT BITUMINOUS PAVEMENT AND PREPARATION OF BASE EXCEED THE AMOUNT OF $2,760.00 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: June 5, 1996, 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. 960371 SD0050 RE: DECLARE INTENT TO CREATE LID#1995-1 - ROTH SUBDIVISION PAGE 7 9. All complaints and objections that are 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 WELD COUNTY CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD DATED: April 24, 1996 PUBLISHED: May 2, 1996, in the North Weld Herald 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. • 960371 SD0050 RE: DECLARE INTENT TO CREATE LID#1995-1 - ROTH SUBDIVISION PAGE 8 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 $138,000.00, which is $2,760.00 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 $2,760.00. 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 24th day of April, A.D., 1996. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO LW /, 1 ` Gil Barbara J. Kirkmeyer, air / t . �'. .�r ty Clerk to the Board '/y- '%,1861i��C - /Zf O(7 /G . Baxter, Pr Te +eputy Clerk t. the Board Dale K. Hall APP AS TO FORM: (— t Constance L. Harbert unty Attorney _ el 1 't� ,t/ 1'-- fit<-/r W. H. Webster t 960371 SD0050 NOTICE Docket No.96-16 OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN WELD COUNTY, COLORADO, TO BE KNOWN AS WELD COUNTY ROTH SUBDIVISION LOCAL IMPROVEMENT DISTRICT NO. 1995-1, FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING STREET IMPROVEMENTS TO INCLUDE COMPACTION, GRADING, AND PAVING, AND PUBUC HEARING NE CESSARY,INCIDENTALS, TO CERTAIN ROADS AFFIDAVIT OF PUBLICATION THEREIN, All owners of real estate and properly hereinafter described and all-persons gen- erally, are hereby notified that the Board of County Commissioners of Weld County, STATE OF COLORADO Colorado,has adopted a Resolution declaring Its intent to create a local improvement district SS. within an unincorporated area of Weld County,Colorado,to be designated as Weld County Roth Subdivision Local Improvement District No. 1995.1,for the purpose of constructing and COUNTY OF WELD Installing street Improvements to include compaction,grading,and paving,together with any necessary Incidentals,pro anyd to assess the cost of said improvements as proposed by petitionI, Bruce J. of-owners within thewdistrct property in would with thanthei one-half f the Staate o1 Colorado.posed assess- sworn, say tat I am Publisher of County of Weld, being duly 1. AU persons are further notifietthat-the kind of improvements proposed and the streets to be improved-are as fotlows: c THE NORTH WELD HERALD Rodney Street between Brian Avenue and Weld County Road 15, Steven Street between Brian Avenue and Gaylln a weekly newspaper having a general circulation in said Avenue,Gaylln Avenue between Rodney Street and-Weld County Road 76,and Brian Avenue from the south line of County and State, published in the Town of Eaton, in said Roth Subdivision,First Filing,to Weld County Road 76, all County and State; and that the notice, of which the annexed is within Roth Subdivision The Improvements include shaping, grading, draining, and a true copy, has been published in said weekly newspaper for paving the above described roads. _,successive week(s), that the notice was published The major construction quantities consist of 1,870 tons of hot bituminous pavement and 4,800 tons of aggregate in the regular and entire issue of every number of the paper basecourse. during the period and time of publication, and in the 2. The area to be included within the district includes alt or portions of Lots 1 and 2,8 through 47,and 50 through 57 of the Roth Subdivision, newspaper proper and not in a supplement, and that the First Filing, as recorded under Reception Number 1534568 of the records of the Weld County Clerk and Recorder, all in relation to the publication of said notice: is P.M.,s alan ailude unincorporated portion of Weay oche C Colorado. The ,,tt qqq ,1 ^� /� District shell also include the rights-of-way of the County roads de- scribed /1// e Doled S/N herein. /v 3. The annual assessment hr9 lmentsr saki principal vwith installments lments be oftd in ten interest on unepaid Installments at an interest rate of six and one-quarter percent(6.25%) was in said newspaper bearing the date(s) of: simple Interest per annum. 4. The assessmentom will ll bter.due final paykaeio without utFdeema d within assessing the Thursday, the (2 4.— day of May , 1996 (30)the cost of said-Improvements, against the real property described herein in Paragraph 2. In the event any assessment against his or her Thursday,the day of May, 1996 property-Is not paid within said thirty(30)days,then the whole cost of the assessment against such properly shall be payable in not more than ten(10)equal,annual installments of prindpal with interest on the Thursday,the day of May, 1996 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 Thursday,the day of May , 1996 due and payable successively on the same day in each year there- after, unless otherwise determined by the Board of County Commissioners,until they are paid in lull. and that the said THE NORTH WELD HERALD has been 5. As shown by the estimates of the Weld County Engineer,the total cost ublished continuously and uninterruptedly for the period of 52 tof the street he district Is estimatednnot to excets to be ed$138,00000.�Thispepresents P v P v an estimate of the cost of the labor and materials for installation by consecutive weeks, in said County and State, prior to the date contract of the hot bituminous pavement and base preparation. The of firstpublication of said notice, and the same is a newspaper Board of County Commissioners, pursuant to Section 30-20-606, Colorado Revised Statutes, has preliminarily found and determined within the meaning of an Act to regulate printing of legal that rm the proposed improve ments nments based ibed lot or onrthe following cel will specifically benefit9 g notices and advertisem , approved May 18, 1931, and all a. The market value of each of the properties will increase; prior acts so far as in b. The proposed improvements will adapt the property to a more profitable use; tive dust,c. There will be an alleviation of fu health hazards to the benefitted pto eliminating / properties and touserrs of the public roads to be improved; RU J. BORMANN, PUBLISHER d. The alleviation of fugitive dust will reduce maintenance So costs to the subject properties and paving wit lessen the // 7 maintenance required for a public road;and Publication Cost:$ l0 — 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 �3y pN............ ,P(/ � Commissioners, it is intended that all of the costs of the street im• Sbibd d t bf ' '•,.� provements will be assessed e uscre an swornoeore me qually against all of the above de- C:' scribed lots,parcels,and tracts. • Property owners are specifically referred to the schedule of estimated this ten day of May, 1996 ERIKA G. propeeed assessments on file in the Office of the Clerk to the Board from which the approximate amount to be assessed against any <. BAGLEY ) particular lot,tract,or parcel of property may be determined,but furtherIt fis sated that the estimd eatted cost per lot is$2,760.00,based upon the ERIKA C and tracts. . BAGLEY, NOTAR IS FUR HERvSTATEDaAlly3 THE INTE the NT tOFPT EOBOARD OF COUNTY COMMISSIONERS THAT, SHOULD THE COST OF INSTALLATION OF HOT BITUMINOUS PAVEMENT AND My commission expires October 21, 1999 PREPARATION OF BASE EXCEED THE AMOUNT OF$2,760.00 PER WEL EXCLUDING INTEREST D WILL ASSUME PAYMENT pp OF THE ANY EXCESS. THE COUNTY OF 6. Ust thereof is n completion as of certainede he costrof the total impro soon as the vements 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 5, 1996,at 10:090 a.m., or at an m of the Weld adjourned j C unty meeting thereafter, Center,915 he irst Floor Tenth Street,lnGr Greeley, Colorado. the 8. A map,estimate,and schedule assessed and all Resolutions and proceedingsng are a approximate on file and amount to be can be seen and examined by any persons al any time during business hours on or before the date referred to in Paragraph 7. 9. All complaints and objections that are 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 adjourn- ment thereof,before final action shall be taken. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO BY: DONALD D.WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K.MILLER DEPUTY CLERK TO THE BOARD NOTICE Docket No. 96-16 OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN WELD COUNTY, COLORADO,TO BE KNOWN AS WELD COUNTY ROTH SUBDIVISION LOCAL IMPROVEMENT DISTRICT NO. 1995-1, 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 Roth Subdivision Local Improvement District No. 1995-1, 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: Rodney Street between Brian Avenue and Weld County Road 15, Steven Street between Brian Avenue and Gaylin Avenue, Gaylin Avenue between Rodney Street and Weld County Road 76, and Brian Avenue from the south line of Roth Subdivision, First Filing, to Weld County Road 76, all within Roth Subdivision The improvements include shaping, grading, draining, and paving the above described roads. The major construction quantities consist of 1,870 tons of hot bituminous pavement and 4,800 tons of aggregate basecourse. 2. The area to be included within the district includes all or portions of Lots 1 and 2, 8 through 47, and 50 through 57 of the Roth Subdivision, First Filing, as recorded under Reception Number 1534568 of the records of the Weld County Clerk and Recorder, all in relation to the 6th P.M., in an unincorporated portion of Weld County, Colorado. The District shall also include the rights-of-way of the County roads described herein. Ex hi hit J NOTICE OF INTENT TO CREATE LID #1995-1 - ROTH SUBDIVISION PAGE 2 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 six and one-quarter percent (6.25%) 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 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 $138,000.00. 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 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 all of the costs of the street improvements will be assessed equally against all of the above described lots, parcels, and tracts. NOTICE OF INTENT TO CREATE LID#1995-1 - ROTH SUBDIVISION PAGE 3 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 $2,760.00, based upon the Engineer's cost divided equally among the 50 lots, parcels, and tracts. IT IS FURTHER STATED AS THE INTENT OF THE BOARD OF COUNTY COMMISSIONERS THAT, SHOULD THE COST OF INSTALLATION OF HOT BITUMINOUS PAVEMENT AND PREPARATION OF BASE EXCEED THE AMOUNT OF$2,760.00 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: June 5, 1996, 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 are 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 WELD COUNTY CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD DATED: April 24, 1996 PUBLISHED: May 2, 1996, in the North Weld Herald CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #96-16, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 6th day of May, 1996. JAMES ALLEN AND JEANETTE ANN RUTZ DONALD ROBERT AND ANN ELIZABETH 36771 WCR 15 WATT AKA RT. 1, BOX 162C 6856 RODNEY ST. WINDSOR, CO 80550 AKA 1486 RODNEY ST. WINDSOR, CO 80550 JAMES M. AND GAIL M. SIEFKEN 6967 RODNEY K. GEORGE II AND BETH C. BECK WINDSOR, CO 80550 6870 RODNEY ST. AKA 1482 RODNEY ST. HARRY D. AND DEBRA A. BRUNTZ WINDSOR, CO 80550 6910 WCR 76 AKA 33864 WCR 13 TAD J. AND LAUREL B. CARLS WINDSOR, CO 80550 6760 RODNEY WINDSOR, CO 80550 PAUL AND JEANINE SEILBACH 36930 GAYLIN AVE. LILLIAN AND MELVIN D. NIESENT WINDSOR, CO 80550 6740 RODNEY ST. WINDSOR, CO 80550 PETER L. AND EVA L. SISNEROS 36918 GAYLIN AVE. JAMES C. AND BONNIE D. PARKER WINDSOR, CO 80550 6710 RODNEY ST. AKA 1472 RODNEY ST. BERNARD A. AND LINDA J. KELLY WINDSOR, CO 80550 36878 GAYLIN AVE. WINDSOR, CO 80550 KARL C. AND MICHELLE M. VAN BROCKLIN HARVEY AND SALLY ROTH 6660 RODNEY STREET 6911 RODNEY ST. WINDSOR, CO 80550 WINDSOR, CO 80550 RAYMOND D. AND MARGARET M. CHARLES JEROME MANWEILER AND GOLDSMITH LINDA LEE HESS 6650 RODNEY ST. 6906 RODNEY ST. AKA 1464 RODNEY ST. WINDSOR, CO 80550 AKA 1364 RODNEY ST. WINDSOR, CO 80550 RONALD C. AND CAROL HOFFMAN P.O. BOX 1296 AKA 6900 RODNEY ST. WINDSOR, CO 80550 CERTIFICATE OF MAILING - ROTH SUBDIVISION LID#1995-1 PAGE 2 STEPHEN DOUGLAS AND GLORIA JEAN CRAIG ALLMER WILSON KAREN CUNNINGHAM P.O. BOX 236 6778 STEVEN ST. AKA 6645 RODNEY ST. AKA 1482 STEVEN ST. TIMNATH, CO 80547 WINDSOR, CO 80550 WALTER L. SUTTON TIMOTHY L. AND SONAJA A. LANCASTER 6655 RODNEY ST. 6770 STEVEN ST. AKA 1467 RODNEY ST. AKA 1478 STEVEN ST. WINDSOR, CO 80550 WINDSOR, CO 80550 DENNIS L. AND RONDA SUE BRUNS KIRK W. AND KATHERINE A. POWELL 6705 RODNEY ST. 6750 STEVEN ST. WINDSOR, CO 80550 WINDSOR, CO 80550 ROBERT J., JR. AND CHRISTINA M. JOHN S. AND JANET S. RUDNICKI SCHLEIGER 2925 EASTBOROUGH 6735 RODNEY ST. FT. COLLINS, CO 80525 WINDSOR, CO 80550 DANIEL D. AND TARA L. OVERTON RANDALL E.AND KIMBERLY J. SCHWINDT 6664 STEVEN ST. 809 PARKVIEW DR. WINDSOR, CO 80550 FT. COLLINS, CO 80525 JAMES E. AND MARY LOU SCHERBYN EDWARD C. AND GLADYS P. SCHWINDT 36848 BRIAN AVENUE 6781 RODNEY ST. WINDSOR, CO 80550 WINDSOR, CO 80550 ROBERT AND IMOGENE J. GRAUBERGER RONALD J. AND SYLVIA A. MILLER 36900 BRIAN AVE. 6851 RODNEY ST. WINDSOR, CO 80550 WINDSOR, CO 80550 RONALD K. AND MARCIA G. MAEDA MICHAEL BAILEY AND 1469 STEVEN ST. GINGER SOMMERS AKA 1569 STEVEN ST. 36781 GAYLIN AVE. WINDSOR, CO 80550 WINDSOR, CO 80550 PATRICK N. AND MARIE D. PARENT GENE J. AND BARBARA A. PACINI 6749 STEVEN ST. 36839 GAYLIN AVE. RT. 1, BOX 157 H WINDSOR, CO 80550 WINDSOR, CO 80550 TIM D. AND CONSTANCE D. MC KEE DANIEL D. AND DEANNA K. PARENT 6800 STEVENS ST. RT. 1, BOX 157 H WINDSOR, CO 80550 AKA 6761 STEVEN ST. WINDSOR, CO 80550 CERTIFICATE OF MAILING - ROTH SUBDIVISION LID #1995-1 PAGE 3 MICHAEL M. AND JULIE G. MITCHELL GERALD A. AND LAMBERTA KUSTER 6771 STEVEN ST. 36763 BRIAN AVE. AKA 1481 STEVEN ST. AKA 7575 BRIAN AVE. WINDSOR, CO 80550 WINDSOR, CO 80550 JEFFREY A. AND LAURIE J. LANGHORN 6855 STEVEN ST. WINDSOR, CO 80550 RONALD D. AND MARY E. STERLING 36911 GAYLIN AVE. WINDSOR, CO 80550 ERIC AND TERRI VANNOY 36925 GAYLIN AVE. WINDSOR, CO 80550 HARVEY J. AND CHARLOTTE JO METZ 36984 BRIAN AVE. WINDSOR, CO 80550 BILLY R. AND LOIS J. HETTINGER 36951 BRIAN AVE. WINDSOR, CO 80550 GILA AVIDAR 36923 BRIAN AVE. WINDSOR, CO 80550 STEVEN M. AND CARLA J. WILLIAM 36901 BRIAN AVE. WINDSOR, CO 80550 ROBERT R. AND ALICIA E. MACIEL 36857 BRIAN AVE. WINDSOR, CO 80550 DAVID S. AND KAREN L. WILLIAMS 36817 BRIAN AVE. WINDSOR, CO 80550 AelOA Deputy ClerkAc the Board THOMAS B. AND MARIE A. CORBIERE 36795 BRIAN AVE. AKA 7479 BRIAN AVE. WINDSOR, CO 80550 Hello