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RESOLUTION
RE: CREATION OF WELD COUNTY ROTH SUBDIVISION LOCAL IMPROVEMENT
DISTRICT NO. 1995-1
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 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. Also included within the
district are the rights-of-way for 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. Said creation of the local improvement
district is based upon the petition of owners of 36 of the 50 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 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, 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 North Weld Herald, 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
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RE: CREATE LID#1995-1 - ROTH SUBDIVISION
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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
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 Roth Subdivision Local Improvement District No. 1995-1, 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 Roth Subdivision Local Improvement District No. 1995-1." 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 March 13, 1996, 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 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.
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D. That Weld County, Colorado, plans to accept bids for contracts to shape, grade,
drain, pave, and shoulder 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 resulting roadway shall have 12-foot travel lanes with 4-foot
shoulders on each of the above described streets and avenues. The base course
preparation is to include final grading, wetting and compaction. Paving shall include
placement of 2 inches of asphalt pavement on the above described streets and
avenues. All work is to be built according to Weld County specifications and be
approved by the Weld County Engineer. The major construction quantities include
1,870 tons of hot bituminous pavement and 4,800 tons of aggregate base course
as well as traffic control devices for control of the construction area.
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 $138,000.00. 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$2,760.00 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
$2,760.00 PER LOT, EXCLUDING INTEREST OR ANY PENALTIES, THE
COUNTY OF WELD WILL ASSUME PAYMENT OF THE EXCESS.
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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 six and one-quarter percent (6.25%)simple
interest per annum. The first of said installments of assessment shall be due and
payable prior to April 30, 1997, 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:
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.
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.
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.
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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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of June, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
. 111 EL-4tS.�� WELD COUNTY, COLORADO
S\ FxrttSFn
�v A Barbara J. Kirkmeyer, air
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Iiss' :f( '• _,:•�� ty Clerk to the Board
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t 0 ►�`�� ..eecc��gge El Baxter, r ro-
S®U of ai L IA I I% _
_ Deputy Clerk the Board aft
Dale K. Hall
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/ Constance L. Harbert
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W. H. Webster
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CLERK TO THE BOARD
P.O. BOX 758
legGREELEY,COLORADO 80832
13031358.1000 EXT.C.
COLORADO
June 17, 1996
State Division of Local Government
Department of Local Affairs
1313 Sherman Street, Room 520
Denver, Colorado 80203
To Whom It May Concern:
Enclosed is a Resolution concerning the creation of Weld County Roth Subdivision Local
Improvement District#1995-1.
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,
WE a COUNTY CO THE BOARD
i : ,OILS7
By: '71j '
Deputy Clerk to the Boa
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