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HomeMy WebLinkAboutR99-178 lake creek improvementsCommissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 99 - JCL AN ORDERAUTHORIZING THE CONSTRUCTION OF CERTAIN IMPROVEMENTS WITHIN THE LAKE CREEK LOCAL IMPROVEMENT DISTRICT; DESCRIBING THE IMPROVEMENTS AND THE LOCATION OF THE District, AND SETTING FORTH THE COST OF THE IMPROVEMENTS AND METHOD OF PAYMENT OF THE IMPROVEMENTS. WHEREAS, pursuant to § 30 -20- 602(3), C.R.S., a local improvement District ( "Lake Creek Local Improvement District" or "the District ") to construct, install, and acquire certain local improvements, and to assess the costs thereof against the property specially benefitted thereby was initiated by a petition subscribed by the owners of property to be assessed for the entire costs estimated to be assessed; and WHEREAS, pursuantto § 30- 20- 603(5), the Board of County Commissioners (the "Board") on September 7, 1999 issued a preliminary order by Resolution No. 99 -148 which adopted 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, pursuant to § 30 -20- 603(6), C.R.S., notice was given to the owners of the property to be assessed of a hearing on the proposed construction of the improvements, by advertisement once in the Eagle Valley Enterprise a newspaper of general circulation in the County, the affidavit of publication of such notice now being on file in the off ice of the Board of County Commissioners; and WHEREAS, such publication occurred not less than thirty (30) days prior to the date of the hearing thereon; and WHEREAS, the hearing on all protests and, objections in connection with the proposed improvements was held pursuant to such notice on October 12, 1999; and WHEREAS, the Board reviewed and considered all written protests or objections, if any, submitted prior to the hearing, and all interested persons present were given an opportunity to present their views to the Board at the hearing; and WHEREAS, the Board hereby determines that any protests or objections submitted are without sufficient merit and that, except to such extent as herein provided, there will be no changes in the proposed local improvement District or proposed improvements in response thereto. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: Section 1. Except as more fully set forth in the maps, plans and specifications filed with the Eagle County Clerk and Recorder and adopted by the Board in Resolution No. 99-/tO, the location and nature of the improvements in the District shall be as follows: a. The work will include hot bituminous paving, and drainage, curb and gutter, and sidewalk improvements within the District. b. The area to be included within the District and to be assessed with the cost ofthe improvements shall include the property specially benefitted thereby, 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. Section 2. The approximate amounts to be assessed and the estimated total cost of the improvements in the District, including, without limitation, the cost of constructing, reconstructing or otherwise acquiring and installing such improvements, engineering and clerical service and supplies, costs of inspection, advertising and printing, 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 project is approximately $230,000, of which $170,000 is anticipated to be assessed against the property in the District. The cost shall be assessed on a per lot basis, and the amount to be assessed per lot is estimated at $5,862.00. These amounts do not yet include the cost of bond issuance and capitalized bond interest, which amounts will be calculated and also assessed against the properties at the assessment hearing. -2- �3 r Section 3. 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 five years and the last in not more than twenty years, with interest in all cases on the unpaid principal, with the number, amounts, and times of 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. 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. Section 4. The construction ofthe improvements, as shown by the preliminary plans and specifications and other materials filed with the Transportation Department, except as hereinafter set forth, are, subject only to the approval of the registered electors of the District at the November 2, 1999 election, hereby authorized and ordered. Section 5. Upon the completion of the improvements, a statement showing the whole cost of the improvements shall be filed in the office of the County Clerk and Recorder or such other office as may be determined by the Board. Section 6. The officers ofthe County are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution. Section 7. Pursuant to § 30 -20 -625, C.R.S., any action brought with respect to the ordering of the improvements shall be commenced within thirty days after the effective date of this Resolution or else be perpetually barred. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 14CA� day of r,& o_ 1999. -3- S i COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS i- � I�',ems / A e Phillips Commissioner seconded adoption of the foregoing resolution. The roll having been called,ffhe vote was as follows: Commissioner Tom C. Stone Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. This Resolution passed by CS - C7 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. g:\nlr\r \lakeccres - file 99 -49 0 County Commissioners Tom . Stone Commissioner STATE OF COLORADO COUNTY OFEAGLE CERTIFICATEREGARDING CREATIONOFDISTRICT I, Sara J. Fisher, County Clerk and Recorder of the County of Eagle, State of Colorado, do hereby certify as follows: 1. A public hearing concerning the creation of Lake Creek Local Improvement District (the "District ") was held on October 12, 1999, at the place and time set forth in the official notice thereof, all interested persons was given the right to be heard, and a record was made of the hearing. 2. A true and correct copy of the resolution creating the District is attached hereto as Exhibit I (the "Resolution); the Resolution was duly approved and adopted by the Board of County Commissioners of Eagle County at a regular meeting held on the 12th day of October, 1999, at the Eagle County Courthouse, in Eagle Colorado; and the original Resolution has been duly signed and approved by the Chairman of the Board of County Commissioners and myself, as County Clerk and Recorder sealed with the corporate seal of the County, and recorded in the Book of Resolutions of the County kept for that purpose in my office. 3. I caused to be delivered or mailed a copy ofthe Resolution creating Lake Creek Local Improvement District, to the Eagle County Assessor, the Eagle County Treasurer, and the Division of Local Government in the Colorado Department of Local Affairs, all as provided by § 30 -20- 603(13), C.R.S. IN WITNESS WHEREOF, I have heretofore subscribed my name and affixed the seal of the County, this 12th day of October, 1999. (SEAL) „ff List of Exhibits: -�L zi XCVV.� County Clerk and R Exhibit I - Resolution Creating the District