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Home My WebLink AboutR86-079 hearing on assessment roll for Pilgrim DownsCommissioner �' Zli moved adoption i of the fol' owing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 86- / / A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO CONCERNING A HEARING ON THE ASSESSMENT ROLL FOR PILGRIM DOWNS LOCAL IMPROVEMENT DISTRICT NO. 1986 -1, IN THE COUNTY OF EAGLE, STATE OF COLORADO, ORDERING PUBLICATION OF A NOTICE OF SUCH HEARING; AND ORDERING MAILING OF SUCH NOTICE TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN SAID DISTRICT. WHEREAS, the total cost of constructing and installing certain street and drainage improvements therein, within Pilgrim Downs Local Improvement District No. 1986 -1 (the "District ") , has been definitely ascertained; and WHEREAS, the Board of County Commissioner has determined to assess the cost of improvements against the property included within the District and specially benefited by the improvements; and WHEREAS, a statement showing the whole cost of the improve- ments and an assessment roll showing the amount of each assess- ment have been prepared and filed in the office of the County Clerk and Recorder; and WHEREAS, the Board of County Commissioners has considered the special benefits accruing to each lot or tract of land in the District by reason of the improvements and has determined that the apportionment of the assessments for said improvements is in accordance with such benefits; BE IT RESOLVED BY THE. BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO: Section 1. The County Clerk and Recorder shall give notice that the assessment roll has been completed and of a hearing of x} 1 the assessment roll by publication in one issue of the Eagle Valley Enterprise, a newspaper of general circulation in the County, the publication to be at least twenty (20) days prior to the date of hearing. Section 2. The notice following form: shall be in substantially the N O T I C E PUBLIC NOTICE OF THE COMPLETION OF THE ASSESSMENT ROLL FOR PILGRIM DOWNS LOCAL IMPROVEMENT DISTRICT NO. 1986 -1, IN THE COUNTY OF EAGLE, COLORADO, AND OF A HEARING ON THE ASSESSMENT ROLL. TO ALL PERSONS INTERESTED GENERALLY and to the owners of property to be assessed with the cost of improvements within Pilgrim Downs Local Improvement District No. 1986 -1, in the County of Eagle, Colorado, notice is hereby given: 1. The whole cost of constructing and installing certain street and drainage improvements has been definitely ascertained and is the amount of One Hundred Thirty'-Five Thousand Dollars ($135,000.00, said amount including costs of Inspection, collection, inciden- tals and interest as allowed by law. 2. It __i is _ anticipated that the - County of Eagle will pay a part of the cost of the improvements. 3. The share apportioned to each lot or tract of land within the District and assessed .for the improvements is as follows: (See Exhibit "A" attached hereto and made a part hereof by this reference.) 4. Any complaints or objections which may be made in writing by the property owners to the Board of County Commissioners and filed in the office of the County Clerk within twenty (20) days of the publication of this notice, will be heard and determined by the Board of County Commissioners before the passage of a resolution assessing the cost of said improve- ments. 5. Complaints or objections to the proposed assessments will be heard by the Board of County Commissioners on Monday , the 3rd day of November , 1986 at 10:45 a.m., at the Eagle County Courthouse, in Eagle, Colorado. (SEAL) /s/ Johnnette Phillips County Clerk and Recorder Publish in: Eagle Valley Enterprise Publish on: October 9, 1986 Section 3. After the hearing on the assessment roll, the Board of County Commissioners will consider a resolution levying assessments against the property specially benefited and included within the District, and providing for the collection and enforcement of such assessments. Section 4. If any one or more sections or parts of this Resolution shall be adjudged unenforceable or invalid, such judgement shall not affect, impair or invalidate the remaining provisions of this Resolution, it being the intention that the various provisions hereof are severable. Section 5. All resolutions, or parts thereof in conflict herewith are hereby repealed. Section 6. This Resolution, immediately upon its passage, shall be recorded in the Book of Resolutions of the County kept for that purpose and shall be authenticated by the signatures of the Chairman of the Board of County Commissioners and the County Clerk and Recorder. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 6th day of October , 1986. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its Board of County Commissioners By i By: Clerk to theme Board of Donald H. Welch, Chairman County Commissioners By: #bs -e"JT Richard L. Gustafson, Commissioner By:' John F. Loughra , Commissioner Commissioner /') 'o-/ C-4 seconded adoption of the foregoing resolution. The _ roll having - _been -- called, -- the vote was as follows: Commissioner Donald H. Welch �-e� Commissioner Richard L. Gustafson f4-h5�6 Commissioner John F. Loughran This Resolution passed by unanimous vote of the Board of County Commissioners of County of Eagle, State of Colorado. STATE OF COLORADO ) CERTIFICATE OF MAILING COUNTY OF EAGLE ) I hereby certify that on or about the day of Oe. , 1986, I caused to be delivered or mailed postage prepaid, as first class mail a notice concerning a hearing on assessments in Pilgrim Downs Local Improvement District No. 1986 -1, to all known owners of property to be assessed with the cost of improvements to be constructed in the district, such mailed notice being in the form prescribed by the Resolution adopted by the Board of County Commissioners on October 6, _ , 1986. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of Eagle County this day of Z�9/1-. C unty Clerk and Recorder Eagle County, Colorado 09 =83. 55. R.. m w!Z2 p . yry .6-M. EQ 24F 333 aS NF Vm9 ohm NFppi� O&O.C. 31 O O O O O O O O (Attach Affidavit of Publication of Notice of Intention to Create District) STATE OF COLORADO ) COUNTY OF EAGLE ) I, Johnnette Phillips, County Clerk of the County of Eagle, State of Colorado, do hereby certify that the foregoing pages numbered one to , inclusive, constitute a true and correct copy of the record of proceedings of the Board of County Commis- sioners of said County, taken at a regular meeting held on the _th day of d(,�,GJ , 1986 at , m. held at the Eagle County Courthouse, in Eagle, Colorado, insofar as said minutes relate to a Resolution concerning Pilgrim Downs Local Improvement District No. 1986 -1, a copy of which is therein set forth; that the copy of said Resolution contained in the minutes if a full, true and correct copy of the original of said Resolution as adopted by the Board of County Commissioners at said meeting; that the original Resolution has been duly signed and approved by the presiding officer of the Board of County Commissioners and the County Clerk and Recorder, sealed with the seal of the County, and recorded in the Book of Resolu- tions of the County kept for that purpose. I further certify that the Chairman and memberg of the Board of County Commissioners were present at said meeting and that A members of the Board voted on the passage of the Resolution as set forth in said minutes. IN WITNESS WHEREOF, I have heretofore set my hand at Eagle, Colorado, this 57�- day of : �O,0, 1986 >`h; County Clerk and Recorder The next item on the agenda for discussion was a resolution Jconcerning the hearing on the Assessment Roll of Pilgrim Downs Local Improvements District. Jim Fritze, County Attorney, advised the Board he had received a proposed Resolution from Bob Tibbles, Attorney for the Pilgrim Downs Local Improvement District. fir. Fritze stated he has some questions regarding the- wording in the Resolution and has attempted to contact Mr. Tittles and Steve Isom. He stated the wording that concerns him is trying to ascertain what the exact cost of inspection, collection and other costs. The figure received was $135,00.00. The main item of concern is the amount to be proportioned between the lots and the wording 'it is anticipated the County of Eagle will pay a part of the cost of the improvements.' Hr. Fritze questioned if the Board had ever made a committment to pay a part of the cost of improvements. Mr. Fritze read a note concerning the discussion indicating Doug Pilcher remembers the Board approving the county pay the cost relative to Pilgrim Downs up to $4000.00. However, there is no public record of such an agreement. A public Resolution previously done stated Eagle County would pay the costs in excess of $123,970.00, however at the public hearing, the minutes reflect Chairman Welch was opposed to the County paying any excess and the motion approved the paving at a cost not to exceed #123,970.00. As Mr. Isom was not present and was to bring an itemization of the costs. Chairman Welch stated he did remember a discussion y not at a public meeting, that more gravel had been spread road than had been budgeted and an indication was made for the County to participate. Chairman Welch remembered the Board of County Commissioners suggested a presentation be made for consideration and a presentation has never been made. Mr. Fritze advised the Board of County Commissioners a public notice is to be advertised this Thursday. He suggested the Resolution not be published with the present wording until the issue is settled. The Board of County Commissioners concurred and determined not to act on the Resolution at this time. In the afternoon, Steve Isom, representing Pilgrim Downs appeared to explain the allocation of funds concerning Pilgrim Downs Special Improvement District. He related to the Board that $2,047.79 remains to be paid from the initial $135,000.00. He requested the County pay the $2,047.79 as a contribution for the gravel base material. Doug Pilcher, Public Works Director, stated he believes there is up to $4,000.00 in the Road 6 Bridge Maintenance Budget or the Capital Improvements Budget to cover the $2,047.49. Discussion on the additional gravel and why it was applied followed. Commissioner Loughran moved to adopt a Resolution of the Board of County Commissioners of Eagle County, Colorado concerning a hearing on the Assessment Roll for Pilgrim Downs Local Improvement District No. 1986 -1, in the County of Eagle State of Colorado; ordering publication of a notice of such hearing; and ordering mailing of such notice to the owners of the property to be assessed for improvements in said district. Chairman Welch seconded the motion. The vote was declared unanimous of the two voting. The public hearing was set for Monday, November 3, 1986 at 10:45 A.M. There being no further discussion on the motion, Chairman Welch called for the question on the motion. of the two voting commissioners the vote was declared unanimous. PILGRIM DOWNS LOCAL IMPROVEMENT DISTRICT 1986 -1 REVISED LIST OF PROPERTY ASSESSMENTS Pilgrim Downs Filing Nos. 1 -6 Lot Owner #5 Assessment #1 Thomas A. Backhus $5,625.00 #2 Circle Oceanique, Inc. 5,625.00 #3 Alfred H. Williams 5,625.00 #4 A. Patrick Montgomery Jacqueline Montgomery 5,625.00 #5 Kirk Van Hee 5,625.00 #6 John W. Smith 5,625.00 #7 Alfred H. Williams 5,625.00 #8 Alfred H. Williams 5,625.00 #9 Alfred H. Williams 5,625.00 #10 Alfred H. Williams 5,625.00 #11 Alfred H. Williams 5,625.00 #12 C. R. Goulet 5,625.00 #13 Alfred H. Williams 5,625.00 #14 Alfred H. Williams 5,625.00 #15 Alfred H. Williams 5,625.00 #16 Alfred H. Williams 5,625.00 #17 Alfred H. Williams 5,625.00 #18 Daval Western Development Corp. Alfred H. Williams 5,625.00 Pilgrim Downs Filing No. 7 Lot Owner Assessment #19 Alfred H. Williams $5,625.00 #20 Alfred H. Williams 5,625.00 Pilgrim Downs Phase II (three lots) Daniel Williams $16,875.00 East 1/2 of Lot 11 Colorow Subdivision Pat Montgomery $5,625.00 2 3 9 Pilgrim Downs Filing No. 7 Lot Owner Assessment #19 Alfred H. Williams $5,625.00 #20 Alfred H. Williams 5,625.00 Pilgrim Downs Phase II (three lots) Daniel Williams $16,875.00 East 1/2 of Lot 11 Colorow Subdivision Pat Montgomery $5,625.00 2