HomeMy WebLinkAbout972251.tiffRESOLUTION
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 MARTIN
BROTHERS PUD LOCAL IMPROVEMENT DISTRICT NO. 1997-1, 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 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, and the property identified
as Parcel Number 147112400008 on the Weld County Assessor's Map, described as part of the
SE% of Section 12, Township 1 North, Range 66 West of the 6th P. M., Weld County,
Colorado, being further described in the Petition for Local Improvement District, marked as
Exhibit "A", attached hereto, and incorporated herein by reference, and
WHEREAS, the Board finds it is in the best interest of the inhabitants of the area to
provide the following improvements to Clara Lee Street and Elizabeth Street from Clara Lee
Street to the southern end of the Martin Brothers Planned Unit Development - Amended Plat,
as follows:
1. Shape, grade, pave, and shoulder the above described streets.
2. Placement of 2 inches of asphalt pavement, 20 -foot wide; 4 inches of aggregate
base course; and 2 -foot wide aggregate shoulders.
WHEREAS, Weld County will provide all administrative, engineering, and base
preparation work separate from the creation of the local improvement district, 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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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 2, 5 through 18, and 20 and 22 of the Martin Brothers
Planned Unit Development - Amended Plat, and the property identified as Parcel Number
147112400008 on the Weld County Assessor's Map, as previously described, 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", 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.
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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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 seven and three-quarter percent (7.75%)
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 attached Exhibit "A".
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 its legal newspaper, 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. 97-54
OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN
WELD COUNTY, COLORADO, TO BE KNOWN AS WELD COUNTY MARTIN
BROTHERS PUD LOCAL IMPROVEMENT DISTRICT NO. 1997-1, 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 Martin Brothers PUD Local
Improvement District No. 1997-1, 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
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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:
Clara Lee Street and Elizabeth Street from Clara Lee
Street to the southern end of the Martin Brothers Planned
Unit Development, Amended Plat
The improvements 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 shoulders..
The major construction quantities
consist of 1,010 tons of hot
bituminous pavement and 2,475
tons of aggreggs base course.
2. The area to be included within the district includes all or portions of 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, and the property
identified as Parcel Number 147112400008 on the Weld County
Assessor's Map, described as part of the SE% of Section 12, Township 1
North, Range 66 West of the 6th P. M., Weld County, Colorado,
beginning N89°58'W 1170' and N0°27'E 950' from the SE corner of
Section 12, then continuing N0°27'E 180', N89°58'W 500', S0°27'W 360',
S89°58'E 250', N0°27'E 180', S89°58'E 250' to the point of beginning.
The District shall also include the rights -of -way of the County roads
described in Paragraph 1 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 seven and three-quarter percent
(7.75%) 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
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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 $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 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.
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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 is $2,547.78, based upon the Engineer's cost
less the Martin Brothers, LLC, contribution divided equally among the 18
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 $2,547.78 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: December 17, 1997, 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
DATED: October 15, 1997
PUBLISHED: November 13, 1997, in the South Weld Sun
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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 $45,860.00,
which is $2,547.78 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 $2,547.78.
All resolutions, or parts thereof, in conflict with the provisions hereof be, and the
same hereby are, repealed.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of October, A.D., 1997.
Dale K. Hall
APP-!. J'ASTOFsRM:
my A tor
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Georg Baxter, Chair
tance L. arbe , Pro- em
EXCUSED
Barbara J. Kirkmeyer
EXCUSED
W. H. Webster
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