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HomeMy WebLinkAboutR88-049 Lake Creek Meadows Local Improvement District • • Commissioner ( �- moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 88.- L l . DECLARING THE INTENTION OF THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO, TO CREATE A LOCAL IMPROVEMENT DISTRICT WITHIN THE COUNTY, TO BE DESIGNATED AS THE LAKE CREEK MEADOWS LOCAL IMPROVEMENTS DISTRICT NO. 1988-1, ADOPTING DETAILS AND SPECIFICATIONS THEREFORE, AND ORDERING PUBLICATION AND MAILING OF NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN SAID DISTRICT. WHEREAS, the Board of County Commissioners has determined that it is necessary to create a local improvement district and to construct certain street improvements therein, within an unincorporated area within Eagle County, all as hereinafter described in this resolution; and WHEREAS, in accordance with Section 30-20-603(2), C.R.S., as amended, any local improvement may be initiated by a petition submitted directly to the Board of County Commissioners, by resolution declaring its intention to construct improvements; and WHEREAS, in accordance with Title 30, Article 20, Part 6, C.R.S., it is necessary that a preliminary order be made, adopting full details and specifica- tions, describing the materials to be used, determining the number of installments and the time in which the cost of the improvements shall be payable, the rate of interest to be paid on unpaid and deferred installments, the property to be assessed for the cost of the improvements, estimate of cost and a schedule showing the approximate amounts to be assessed on the lots and parcels of property within the district; and WHEREAS, this resolution shall constitute the preliminary order required by law; and WHEREAS, the Board of County Commissioners shall consider all protests and objections that may be made in connection with proposed improvements, before ordering the construction thereof; and NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: • • 1. That the Board of County Commissioners of Eagle County does hereby declare its intention to create a local improvement district within the County, for the construction and installation of the improvements more particularly described in this resolution. 2. That the Engineer's reports, together with the preliminary details, specifications, estimates of costs, maps and schedules prepared and filed with the County Clerk be and the same are hereby approved and adopted by the Board of County Commissioners for use in the construction of the improvements to be made in the proposed improvement district. 3. That the materials to be used in constructing the proposed improve- ments are stated in the notice hereinafter set forth. 4. The assessment to be levied for the improvements shall be due and payable within thirty (30) days after the effective date of the assessing resolu- tion. However, all such assessments may be paid at the election of the owner in five (5) annual installments of principal with interest on the unpaid installments at such uc rate as shall later be determined bythe Board of CountyCommissioners and set forth in the assessing resolution, but not to exceed 8 %. The first of said installments of assessment shall be due and payable at such time as will be indicated in the assessing resolution, and the remainder of the annual installments of assessment and semi-annual payments of interest shall be due and payable successively on the same days in each year thereafter until all are paid in full. 5. That the property to be assessed for said improvements shall be the property specially benefited by said improvements and more particularly described in the notice. 6. The County Clerk shall give notice of the hearing on the construction of the improvements by publication in one issue of the Eagle Valley Enterprise, a newspaper of general circulation in the County, the publication to be not less than thirty (30) days prior to the date of hearing. In addition, the notice, being a brief written synopsis of the proposed improvements pursuant to Section 30-20- 603 (2)(b), C.R.S., as amended, shall be delivered or mailed by first-class mail to each property owner to be assessed for the cost of the improvements who is included 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: NOTICE OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN EAGLE COUNTY, COLORADO, TO BE KNOW AS LAKE CREEK MEADOWS LOCAL IMPROVEMENT DISTRICT NO. 1988-1, FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING CERTAIN STREET IMPROVEMENTS, TOGETHER WITH ANY NECESSARY INCIDENTALS, FOR THE LOTS AND PARCELS OF LAND DESCRIBED 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 Eagle County, Colorado has adopted a resolution declaring its intention to create a local -2- • • improvement district within an unincorporated area of Eagle County, Colorado, to be designated as Lake Creek Meadows Improvement District No. 88-1, for the purposes of constructing and installing certain street improvements therein, together with any necessary incidentals, and to assess the cost of the improve- ments against the property specifically benefited by the improvements, 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 property to be specifically benefited and assessed for the costs of the improvements are as follows: The improvements proposed include the following street improvements to County Roads being Eagle Crest Road from 0.15 miles South of West Lake Road to Idlewild Road, proceeding to the end of Idlewild Road where it meets Elk Place Road, a distance approximately 0.76 miles: Prime and Double Chip Seal, 3/8 inch over 3/4 inch, Eagle Crest Road from 0.15 miles South of West Lake Creek Road to ldlewild Road, and Eagle Crest Road from Idlewild Road to end of cul-de- sac of ldlewild Road and Elk Place Road. The district shall consist of the following lots or tracts of land: Block 6, Lots 4 through 38 of Lake Creek Meadows Subdivision. 2. The area to be included within the district and to be assessed with the cost of the improvements shall include all lot and tracts of land which are included within the description set forth above. 3. The assessment for said improvements may be paid in five (5) equal annual installments with interest payable annually. 4. The assessment will be due and payable without demand within thirty days from and after the final publication of a resolution assess the whole cost of said improvements against the real property in the district. In the event any owner of real property within thirty days, then the whole cost of the improve- ments so assessed against his property shall be payable in not more than ten equal annual installments of principal as aforesaid. The first of such installments of assessments shall be due and payable at such time as may be determined in an by the assessing resolution, and the remainder of said installments shall be due and payable successively on the same day in each year thereafter until all are paid in full. 5. The rate of interest to be paid on unpaid and deferred installments shall be later determined by the Board of County Commissioners and set forth in the assessing resolution, but shall not exceed 8%. 6. As shown by the estimates of the Engineer, the probable total cost of the improvements is approximately Eighteen Thousand Nine Hundred Forty-One and 38/100 Dollars ($18,941.38). The costs of the improvements shall be assessed -3- against the property in the district equally on a per lot basis against all lots or tracts of land within the district, which amount is estimated to be Five Hundred Forty-One and 18/100 ($541.18) per lot, excluding financing charges. All estimates exclude 6% for costs of inspection, collection and incidentals and also exclude interest on any bonds to the time the first instal- lment of the assessment is made payable in such statement apportioning the total costs, as provided by law. Property owners are specifically referred to the schedule of estimated proposed assessments on file in the office of the County Clerk from which the approximate amount to be assessed against any particular lot or parcel of property may be determined. Upon completion of said improvements, or as soon as the total costs thereof is definitely ascertained, such cost shall be apportioned to the property in the district. 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 30 days after publication of this Notice, a resolution authorizing said improvements will be considered by the Board of County Commissioners, to-wit: On Wednesday, the 6th day of July, 1988, at 10:00 or at an adjourned meeting thereafter, McDonald Building, 550 Broadway, Eagle, 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 person at the office of the County Clerk at any time during business hours on or before the date referred to in paragraph 7. 9. All complaints and objections that may be made in writing to the Board of County Commissioners and filed in the office of the County Clerk of Eagle County, Colorado within twenty (20) days from the date of publication of this Notice, concerning the proposed improvements by the owner or owners of any real property to be assessed, will be heard and determined by the Board of County Commissioners at the meeting specified above, or at some adjournment thereof, before final action shall be taken. /s/Johnnette Phillips Clerk (S E A L) Published in the Eagle Valley Enterprise Published on: June 2, 1988 -4- • 7. All resolutions, or parts thereof, in conflict with the provisions hereof, be and the same are hereby repealed. 8. That 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 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 3/er day of -yam ,y� , 1988. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS lerk of the Board of 0 George A ates County Commissioners Chairman Donald .�` • h Corn"issioner dpieeie IP .4 is .rdL. Gu . so Commissione Commissioner �9 ��=S seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates 4fr9 " Commissioner Donald H. Welch }-4/ Commissioner Richard L. Gustafson l -7q ALLA- This Resolution passed by `a\ z C? vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -5- I XC DEPT.W oLA 1 . IPMINNIM mt, ) 111111111.111 Rctom 0i33. lo IT'S : ._ 1 ►.,..: