HomeMy WebLinkAbout972622.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
CDg
RESOLUTION
RE: CREATION OF WELD COUNTY MARTIN BROTHERS PUD LOCAL IMPROVEMENT
DISTRICT NO. 1997-1
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, 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 2,
5 through 18, 20 and 22 of the Martin Brothers Planned Unit Development - Amended Plat, as
recorded under Book Number 1228, Reception Number 02175539, Film Number 1779, File
Number 5025 in the records of the Weld County Clerk and Recorder, all in relation to the 6th
P.M., Weld County, Colorado, in an area generally known as Martin Brothers Planned Unit
Development, being further described in the Petition for Local Improvement District, marked as
Exhibit "A", attached hereto, and incorporated herein by reference. Said creation of the local
improvement district is based upon the petition of owners of 12 of the 17 lots and parcels in said
proposed local improvement district.
WHEREAS, the petition has been filed with the Clerk to the Board of County
Commissioners and is attached hereto as Exhibit "A", to construct certain improvements on
Clara Lee Street and Elizabeth Street from Clara Lee Street to the southern end of the Martin
Brothers Planned Unit Development - Amended Plat, which improvements are described in the
Resolution, and
WHEREAS, notice of a public hearing concerning creation of the district and the
construction and installation of the improvements therein has been given by publication in one
issue of the South Weld Sun, a newspaper of general circulation in the County, not less than
thirty days prior to the date of hearing; in addition, a notice 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 time and place set forth in the notice, 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
11111111111111111 III 11111111111111111 III 11111111111 972622
2595008 02/19/1998 11:43A Weld County CO SD0052
1 of 4 R 0.00 D 0.00 JA Suki Tsukamoto
RE: CREATE LID #1997-1 - MARTIN BROTHERS PUD
PAGE 2
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 Martin Brothers PUD Local Improvement District No. 1997-1, 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,
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 Martin Brothers PUD Local Improvement District
No. 1997-1." 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
September 8, 1997, 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.
C. That the area to be included within the district includes all or portions of certain
roads and streets within Lots 2, 5 through 18, 20 and 22 of the Martin Brothers
Planned Unit Development -Amended Plat, as recorded under Book Number
1228, Reception Number 02175539, Film Number 1779, File Number 5025 in the
records of the Weld County Clerk and Recorder, all in relation to the 6th P.M.,
Weld County, Colorado, in an area generally known as Martin Brothers Planned
Unit Development, Weld County, Colorado, being further described in the
Petition for Local Improvement District.
D. That Weld County, Colorado, plans to accept bids for contracts to shape, grade,
drain, pave, and shoulder Clara Lee Street and Elizabeth Street from Clara Lee
Street to the southern end of the Martin Brothers Planned Unit Development -
Amended Plat. The resulting roadway shall be include shaping , grading,
draining, and paving the above described roads with 4 inches of aggregate base
course, 2 inches of 20-foot wide paving, and 2-foot wide aggregate shoulder. All
work is to be built according to Weld County specifications and be approved by
the Weld County Engineer. The major construction quantities include 1,010 tons
of hot bituminous pavement and 2,475 tons of aggregate base course as well as
traffic control devices for control of the construction area.
11111111111111111 IIII 11111 1111111111III11111IIIIIIII 972622
2595008 02/19/1998 11:43A Weld County CO SD0052
2 of 4 R 0.00 D 0.00 JA Suitt Teukamoto
RE: CREATE LID#1997-1 - MARTIN BROTHERS PUD
PAGE 3
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, and 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 not to exceed $45,860. The total Project
cost is estimated to be $59,860, with $14,000 pledged to the project by Martin
Brothers, LLC. 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 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 amount of$2,547.78 per lot. 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.
IT IS FURTHER STATED BY THE BOARD OF COUNTY COMMISSIONERS,
THAT SHOULD THE COST OF INSTALLATION OF HOT BITUMINOUS
PAVEMENT AND PREPARATION OF BASE EXCEED THE AMOUNT OF
$2,547.78 PER LOT, EXCLUDING INTEREST OR ANY PENALTIES, THE
COUNTY OF WELD WILL ASSUME PAYMENT OF THE EXCESS.
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 installments of principal with installments of interest
on unpaid installments at an interest rate of seven and three-quarter percent
(7.75%) simple interest per annum. The first of said installments of assessment
shall be due and payable prior to December 1, 1998, or at such 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:
11111111111111111111 1111 11111111101III111111111111 972622
2595008 02/19/1998 11:43A Weld County CO SD0052
3 of 4 R 0.00 D 0.00 JA Suk! Tsukemoto
RE: CREATE LID#1997-1 - MARTIN BROTHERS PUD
PAGE 4
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.
5) The proposed improvements will facilitate access to each of the
properties and thereby increase the convenience of the use of said
property.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of February, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: -/fit e-e Xeidf (AYE)
Constance L. Har rt, Chair
Weld Cou :%"e :y+�A
ieci t � ��� (NAY)
W. H. ebster, Pro- " m
BY:
Deput (C (AYE)
'Georg E. Baxter
APP AS TO ORM: EXCUSED
Daje K. Hall
c
my Att ney f7�S.�t..4 - J .( A 'ti_ (AYE)
1 arbara J. Kirkmeyer J
11111111111111111 11111 IIIII 1111111 III 11111 IIII IIII 972622
2595008 02/19/1998 11:43R Wald County CO SD0052
4 of 4 R 0.00 D 0.00 JR Suki Teukamoto
Hello