Resolution No. 107-96 (Word Version)

RESOLUTION NO. 107-96

DECLARING THE INTENTION OF THE CITY COUNCIL

OF THE CITY OF GRAND JUNCTION, COLORADO, TO CREATE

WITHIN SAID CITY ALLEY IMPROVEMENT DISTRICT NO. ST-97, PHASE A, AND AUTHORIZING THE CITY ENGINEER TO PREPARE

DETAILS AND SPECIFICATIONS FOR THE SAME.

WHEREAS, a majority of the property owners to be assessed have petitioned the City Council, under the provisions of Chapter 28 of the City of Grand Junction Code of Ordinances, as amended, and People's Ordinance No. 33, that an Alley Improvement District be created for the construction of improvements as follows:

Location of Improvements:

The “I” shaped alley running north and south from Orchard Avenue to Elm Avenue between 18th Street and 19th Street;

The alley running east and west from 9th Street to 10th Street between Main Street and Colorado Avenue;

The alley running east and west from 13th Street to 14th Street between Colorado Avenue and Ute Avenue;

The alley running east and west from 14th Street to 17th Street between Main Street and Rood Avenue;

The alley running east and west from 8th Street to 9th Street between Ute Avenue and Colorado Avenue;

Type of Improvements - To include base course material under a mat of Concrete Pavement and construction or reconstruction of concrete approaches as deemed necessary by the City Engineer; and

WHEREAS, the City Council deems it advisable to take the necessary preliminary proceedings for the creation of a Local Improvement District.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION, COLORADO:

1. That the District of lands to be assessed is described as follows:

LOTS 1 through 35, inclusive , and also Lots 37 through 39, inclusive, and also Lot 41, Block 2, Elmwood Plaza Refile, City of Grand Junction;

AND ALSO LOTS 1 through 32, Block 113, City of Grand Junction

AND ALSO LOTS 1 through 32, Block N, Keith Addition to the City of Grand Junction;

AND ALSO Lots one through 14, inclusive, Block I, Keith addition to the City of Grand Junction;

AND ALSO Lots 19 through 32, inclusive, Block I, Keith addition to the City of Grand Junction;

AND ALSO Lots 1 through 32, inclusive, Block A, East Main Street Addition to the City of Grand Junction;

AND ALSO Lots 1 through 20, inclusive, Block B, East Main Street Addition to the City of Grand Junction;

AND ALSO Lots 1 through 32, inclusive, Block 129, City of Grand Junction;

All in Mesa County, Colorado.

2. That the assessment levied against the respective properties will be as follows per each linear foot directly abutting the alley right-of-way:

Properties located within any zone other than residential shall be assessed $22.50 per abutting foot; provided, however, that existing owner-occupied single-family uses within a non-residential zone shall be assessed at the single-family residential rate of $6.00 per abutting foot and, also provided, that existing multi-family uses within a non-residential zone shall be assessed at $12.00 per abutting foot;

Properties located in a multi-family zone shall be assessed at the multi-family rate of $12.00 provided, however, that existing owner-occupied single- family uses within a multi-family zone shall be assessed at $6.00 per abutting foot;

Properties located in a single-family residential zone shall be assessed at $6.00 per abutting foot.

Properties having alley frontage on more than one side shall be assessed the applicable assessment rate for the frontage on the longest side only.

If the use of the excepted owner-occupied, single-family or multi-family property changes, or if a property is rezoned any time prior to the second assessment hearing, the assessment shall reflect that change.

The total amount of assessable footage for properties receiving the single-family residential zone rate is estimated to be 5,033.72 feet; and the total amount of assessable footage for properties located in any other residential zone is estimated to be 1,434.96 feet; and the total amount of assessable footage receiving the non-residential rate is 725.00.

3. That the assessments to be levied against the properties in said District to pay the cost of such improvements shall be due and payable, without demand, within thirty (30) days after the ordinance assessing such costs becomes final, and, if paid during this period, the amount added for costs of collection and other incidentals shall be deducted; provided, however, that failure by any owner(s) to pay the whole assessment within said thirty (30) day period shall be conclusively considered as an election on the part of said owner(s) to pay the assessment, together with an additional six percent (6%) one-time charge for cost of collection and other incidentals which shall be added to the principal payable in ten (10) annual installments, the first of which shall be payable at the time the next installment of general taxes, by the laws of the State of Colorado, is payable, and each annual installment shall be paid on or before the same date each year thereafter, along with simple interest which has accrued at the rate of 8 percent per annum on the unpaid principal, payable annually.

4. That the City Engineer is hereby authorized and directed to prepare full details, plans and specifications for such paving; and a map of the district depicting the real property to be assessed from which the amount of assessment to be levied against each individual property may be readily ascertained, all as required by Ordinance No. 178, as amended, City of Grand Junction, Colorado.

5. That Notice of Intention to Create said Alley Improvement District No. ST-97, Phase A, and of a hearing thereon, shall be given by advertisement in one issue of The Daily Sentinel, a newspaper of general circulation published in said City, which Notice shall be in substantially the form set forth in the attached "NOTICE".

NOTICE

OF INTENTION TO CREATE ALLEY IMPROVEMENT DISTRICT

NO. ST-97, PHASE A, IN THE CITY OF GRAND JUNCTION,

COLORADO, AND OF A HEARING THEREON

PUBLIC NOTICE IS HEREBY GIVEN, pursuant to the request of a majority of the affected property owners, to the owners of real estate in the district hereinafter described and to all persons generally interested that the City Council of the City of Grand Junction, Colorado, intends to create Alley Improvement District No. St-97, Phase A, in said City for the purpose of reconstructing and paving certain alleys to serve the property hereinafter described, which lands are to be assessed with the cost of the improvements, to wit:

That the District of lands to be assessed is described as follows: