No preview available
HomeMy WebLinkAboutR99-148 creation of lake creek LIDr RESOLUTION NO. 99 - �� A RESOLUTION DECLARING THE CREATION OF LAKE CREEK LOCAL IMPROVEMENT DISTRICT; A PRELIMINARY ORDERFORTHOSE IMPROVEMENTS AUTHORIZED BY PETITION FOR A LOCAL IMPROVEMENT DISTRICT, ADOPTION OF DETAILS AND SPECIFICATIONS THEREFORE, AND ORDERING PUBLICATION OR NOTICE OF HEARING. WHEREAS, pursuant to §30 -20- 602(3), a local improvement district to construct, install, and acquire certain local improvements, and to assess the costs thereof against the property specially benefitted thereby may be initiated by a petition subscribed by the owners of property to be assessed for more than one half of the entire costs estimated to be assessed; and WHEREAS, such a petition has been presented to the Board from the residents within Lake Creek Meadows, including the property owners within the proposed district boundary ( "Lake Creek Local Improvement District' or "the District'); and WHEREAS, the Board has determined that it is advisable for the health, safety, and welfare of the citizens of the County to construct, install, and acquire certain local improvements in the District, as hereinafter described; and WHEREAS, as required by law: (i) no identical improvements are being provided as a part of such improvements within an existing local improvement district within the meaning of §30 -20- 603(1) (a), C.R.S., without the approval of such District; and (ii) the District does not include territory which is included in an undissolved district which was formed for the same type of improvement; and WHEREAS, in accordance with §30 -20- 603(5), C.R.S., it is necessary that a preliminary order be made adopting preliminary plans and specifications for the improvements, definitely describing the materials to be used or stating that one of several specified materials shall be chosen, determining the number of installments and time in which the cost of the improvements shall be payable, and determining the property to be assessed for the cost of the improvements, and requiring the preparation of estimates of cost, a map of the District, and a schedule showing the approximate amounts to be assessed upon the several lots or parcels of property within the District; and WHEREAS, this resolution (the "Resolution ") shall constitute the preliminary order required by law; and WHEREAS, the Board shall consider all protests and objections that may be made in coimection with the proposed improvements before ordering the construction thereof, NOW THEREFORE, BE IT RESOLVED: Section 1. Creation and Designation of District The local improvement district initiated by petition for the construction, installation, and acquisition of the improvements more particularly described in this Resolution (the "Project "), is hereby created and designated as "Lake Creek Local Improvement District (the "District "). Section 2. Adoption of Plans The engineer's reports, together with the preliminary details, specifications, estimates of cost, maps, and schedules prepared and filed with the County Clerk and Recorder are hereby approved and adopted by the Board for use in connection with the Project. Section 3. Materials to be Used The materials to be used in the Project shall be those stated in the Notice hereinafter set forth. Section 4. Property to be Assessed The property to be assessed for the cost of the Project shall be the property specially benefitted thereby, as more particularly described in the Notice hereinafter set forth. Section 5. Number of Installments and Time Payable The number of installments and time payable shall be as described in the Notice hereinafter set forth. Section 6. Estimated Costs: Method of Assessment An estimate of the project cost, together with a map of the District, and a schedule showing the approximate amounts to be assessed upon the several lots or parcels ofproperty within the District, has been prepared in consultation with the County Engineer and Elam Construction. The cost estimates and approximate amounts to be assessed shall be those described in the Notice hereinafter set forth. Section 7. Published Notice of Hearin The County Clerk and Recorder shall give notice to the owners of the property to be assessed of a hearing on the construction of the improvements, by advertisement once in a newspaper of general circulation in the County, such advertisement to include the matters set forth in §30 -20- 603(6), C.R.S. The publication shall be not less than thirty (30) days prior to the date of the hearing. Said notice shall be in substantially the following form: -2- NOTICE OF A PUBLIC HEARING TO CONSIDER WHETHER TO AUTHORIZE CERTAIN IMPROVEMENTS WITHIN LAKE CREEK LOCAL IMPROVEMENT DISTRICT, CREATED FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING CERTAIN LOCAL ROAD AND PAVING IMPROVEMENTS, TOGETHER WITH ANY NECESSARY INCIDENTALS, AND ASSESSING THE COSTS THEREOF AGAINST THE PROPERTY IN THE DISTRICT. 1. Notice of Proposed Improvements All owners of real estate and property hereinafter described, and all persons generally, are hereby notified that in response to a petition from property owners the Board of County Commissioners of Eagle County, Colorado, has adopted by resolution a preliminary order for improvements within the boundaries of a local improvement district within the County, designated as Lake Creek Local Improvement District, for the purpose of constructing and installing certain local road and paving improvements therein, together with any necessary incidentals, and to assess the cost of the improvements against the property in the District which is benefitted by the improvements, all in accordance with the laws of the State of Colorado. 2. Improvements All persons are further notified that the kind of improvements proposed, the extent of the District to be improved, and the materials to be used are as follows: The work will include road and ditch grading, hot bituminous paving and drainage improvements on 1.24 miles of County roads known as Polar Star Road, Jackman Ranch Road, Meadow Road and Spring Place. 3. Property to be Assessed The area to be included within the District and to be assessed with the cost of the improvements shall include the property more particularly described below: Lots 1, 2, 3, 4, 5 and 6, in Block 1; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, in Block 3; Lots 1, 2, 3, 4, 5 and 6 in Block 4; Lots 1, 2, 3, 4 and 5 in Block 5 of LAKE CREEK MEADOWS SUBDIVISION, Eagle County, Colorado. 4. Estimated Costs; Method of Assessment The cost estimates and approximate amounts to be assessed have been formulated in good faith on the basis of the best information available, but are not binding. As shown by the estimates of the County, the probable total cost of the improvements, including costs of financing, is approximately $230,000, of which $170,000 is anticipated to be assessed against the property in the District. [THE FOLLOWING IS SUBJECT TO CHANGE/ -3- The cost of the improvements is estimated to be approximately $35.13 per linear foot of roadway. The portion of the cost of the improvements to be assessed against property in the District shall be assessed on a per lot basis, and the amount to be assessed per lot is estimated at $5,862.00. 5. Pavment of Assessments A portion of the costs of the improvements, including costs of inspection and collection, capitalized bond interest, capitalized bond reserves, and all other incidental costs, shall be assessed against the property in the District as set forth above. The assessments to be levied for the improvements shall be due and payable without demand 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 two or more installments of principal, the first of which installments shall be payable as prescribed by the Board in not more than two years and the last in not more than eleven years, with interest in all cases on the unpaid principal, with the number, amounts, and times or payment of installments, the period of payment, and the rate and times of payment of interest as shall later be determined by the Board and set forth in the assessing resolution, as provided by law. 6.. Time of Assessment Upon completion of said improvements or any part thereof and upon acceptance thereof by the County, or as soon as the total cost thereof is reasonably ascertained either prior to, during, or subsequent to the construction of the improvements, 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. / /AOL 7. Time and Location of Hearin t . On tder 6;ay, the Lktj day of October, 1999, at _:00 a.m., at the Eagle County Courthouse in Eagle, Colorado, not less than thirty (30) days after the publication of this Notice, a hearing will be held and a resolution authorizing said improvements will be considered by the Board of County Commissioners. 8. Examination Of Documents A map, estimates, and a 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 and Recorder at any time during business hours on or before the date of the hearing referred to above. 9. Complaints and Objections All complaints and objections that may be made in writing 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 hearing specified above, or at some adjournment thereof, before final action shall be taken. Pursuant to §30- 20- 603(2)(a), C.R.S., if written protests are submitted prior to the hearing by the owners of property within the proposed District or assessment unit, which property, based upon the proposed method of assessment, would bear more than one -half of the total proposed assessments within the District or the assessment unit, the Board of County Commissioners shall not proceed with the district or assessment unit based upon the preliminary order so protested. SEAL M 0vo (Belmty) County Clerk Publish in: Eagle Valley Enterprise Publish on: September 8, 1999 ADOPTED this 7th day of September, 1999. : T: TT ' _/ Clerk to the Bo d A BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY ohnnette Phillips, Chairperson &t�� 99 -1q8' //>x vat. �,o aP :c��+Q cc�cvrwmo - u�o GMATA14 \14109001 \crcate.reso.wpd -5-