RESOLUTION NO. 36-00
DECLARING THE INTENTION OF THE CITY COUNCIL OF THE
CITY OF GRAND JUNCTION, COLORADO, TO CREATE WITHIN SAID CITY
ALLEY IMPROVEMENT DISTRICT NO. ST- 00, PHASE B,
AUTHORIZING THE CITY ENGINEER TO PREPARE DETAILS AND SPECIFICATIONS FOR THE SAME, AND GIVING NOTICE OF A HEARING
WHEREAS, a majority of the owners of the property 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 special benefit of the real property hereinafter described, to construct and install improvements to the following described alley:
The east-west alley running from 10th Street to 11th Street between Colorado Avenue and Ute Avenue; and
WHEREAS, the City Council has found and determined, and does hereby find and determine, that the construction of alley improvements as petitioned for is necessary for the health, safety and welfare of the residents of the territory to be served and would be of special benefit to the property included within said District; and
WHEREAS, the City Council deems it necessary and appropriate to take the necessary preliminary proceedings for the creation of a Local Improvement District, to be known as Alley Improvement District No. ST-00, Phase B.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION, COLORADO:
1. That the real property (also known as the “District Lands”) to be assessed with a portion of the costs of the proposed services, labor, materials and improvements which the City may deem appropriate, is described as follows:
Lots 1 through 32, inclusive, Block 131 of the original Plat of the City of Grand Junction, County of Mesa, State of Colorado.
2. That the proposed services, labor, materials and improvements necessary to accommodate the request of the owners of the District Lands shall include, but may not be limited to, the design, construction, installation, placement and inspection of base course material and concrete paving, together with any other services or facilities required to accomplish this request as deemed necessary by the City Engineer (“District Improvements”), all of which shall be installed in accordance with the General Conditions, Specifications and Details for Public Works and Utility Projects of the City of Grand Junction.
3. That the assessments to be levied against and upon each respective property which is part of the District Lands shall be determined by multiplying the linear footage that each respective property abuts the alley right-of-way by the appropriate Single-Family, Multi-Family or Non-Residential assessment rate as defined by City Resolution No. 16-97, passed and adopted on the 17th day of February, 1997, and as established by City Resolution No. 57-99, passed and adopted on the 21st day of April, 1999, as follows:
(a) The Single-Family assessment rate shall be $8.00 per each linear foot of property abutting the alley right-of-way. The Single-Family assessment rate shall apply to all properties having only one residential housing unit which is arranged, designed and intended to be occupied as a single housekeeping unit, and all vacant properties located within a single-family residential zone;
(b) The Multi-Family assessment rate shall be $15.00 per each linear foot of property abutting the alley right-of-way. The Multi-Family assessment rate shall apply to all properties having a structure or structures which are arranged, designed and intended to be the residence of more than one housekeeping unit independent of other housekeeping units, and properties which are necessary for and appurtenant to the use and occupancy of multi-family residential uses, such as parking lots, clubhouses and recreation facilities, and all vacant properties located within a multi-family residential zone;
(c) The Non-Residential assessment rate shall be $31.50 per each linear foot of property abutting the alley right-of-way. Except as provided in Section 2(d) below, the Non-Residential assessment rate shall apply to all properties which are used and occupied for any purpose other than single-family or multi-family residential purposes, and all vacant properties located within any zone other than residential;
(d) Properties from which a business or commercial use is conducted (“home occupation”) which also serve as a single-family or multi-family residence may be assessed the applicable single-family or multi-family assessment rate if such home occupation conforms with or has been authorized by the Zoning and Development Code of the City;
(e) Pursuant to City Resolution No. 61-90, passed and adopted on 19th day of September, 1990, properties having alley frontage on more than one side shall be assessed the applicable assessment rate for the frontage on the longest side only.
(f) The assessment rates described above shall be applicable as of the date of the final reading of the assessing ordinance.
4. That the assessments to be levied against the District Lands to pay a portion of the costs of the District Improvements shall be due and payable, without demand, within thirty (30) days after the ordinance assessing such costs against and upon the District Lands becomes final. The 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 such owner’s assessment in ten (10) annual installments, in which event an additional six percent (6%) one-time charge for costs of collection and other incidentals shall be added to the principal amount of such owner’s assessment. Assessments to be paid in installments shall accrue simple interest at the rate of eight percent (8%) per annum on the unpaid balance and 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 until paid in full.
5. That the City Engineer is hereby authorized and directed to prepare full details, plans and specifications for the District Improvements, together with a map of the District depicting the District Lands to be assessed from which the amount of the assessments 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.
6. That Notice of Intention to Create said Alley Improvement District No. ST-00, Phase B, 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-00, PHASE B, 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 owners of the property to be assessed, 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, has declared its intent to create Alley Improvement District No. ST-00, Phase B, in said City, for the purpose of reconstructing and paving a certain alley to serve the property hereinafter described, which lands are to be assessed with a portion of the costs of the improvements, to wit:
That the District of lands to be assessed is described as follows:
Lots 1 through 32, inclusive, Block 131 of the original Plat of the City of Grand Junction, County of Mesa, State of Colorado.
Location of Improvements: The proposed improvements would be made to the east-west alley running from 10th Street 1o 11th Street between Colorado Avenue and Ute 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.
The assessments to be levied against and upon each respective property which is part of the District Lands shall be determined by multiplying the linear footage that each respective property abuts the alley right-of-way by the appropriate Single-Family, Multi-Family or Non-Residential assessment rate as follows:
(a) The Single-Family assessment rate shall be $8.00 per each linear foot of property abutting the alley right-of-way. The Single-Family assessment rate shall apply to all properties having only one residential housing unit which is arranged, designed and intended to be occupied as a single housekeeping unit, and all vacant properties located within a single-family residential zone;
(b) The Multi-Family assessment rate shall be $15.00 per each linear foot of property abutting the alley right-of-way. The Multi-Family assessment rate shall apply to all properties having a structure or structures which are arranged, designed and intended to be the residence of more than one housekeeping unit independent of other housekeeping units, and properties which are necessary for and appurtenant to the use and occupancy of multi-family residential uses, such as parking lots, clubhouses and recreation facilities, and all vacant properties located within a multi-family residential zone;
(c) The Non-Residential assessment rate shall be $31.50 per each linear foot of property abutting the alley right-of-way. Except as provided in Section 2(d) below, the Non-Residential assessment rate shall apply to all properties which are used and occupied for any purpose other than single-family or multi-family residential purposes, and all vacant properties located within any zone other than residential;
(d) Properties from which a business or commercial use is conducted (“home occupation”) which also serve as a single-family or multi-family residence may be assessed the applicable single-family or multi-family assessment rate if such home occupation conforms with or has been authorized by the Zoning and Development Code of the City;
(e) Properties having alley frontage on more than one side shall be assessed the applicable assessment rate for the frontage on the longest side only.
(f) The assessment rates described above shall be applicable as of the date of the final reading of the assessing ordinance.
The assessments to be levied against the District Lands to pay a portion of the costs of the District Improvements shall be due and payable, without demand, within thirty (30) days after the ordinance assessing such costs against and upon the District Lands becomes final. The 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 such owner’s assessment in ten (10) annual installments, in which event an additional six percent (6%) one-time charge for costs of collection and other incidentals shall be added to the principal amount of such owner’s assessment. Assessments to be paid in installments shall accrue simple interest at the rate of eight percent (8%) per annum on the unpaid balance and 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 until paid in full.
On June 7th , 2000, at the hour of 7:30 o'clock P.M. in the City Council Chambers in City Hall, temporarily located at Two Rivers Convention Center in said City, the Council will consider testimony that may be made for or against the proposed improvements by the owners of any real estate to be assessed, or by any person interested.
A map of the district, from which the share of the total costs to be assessed upon each parcel of real estate in the District may be readily ascertained, and all proceedings of the Council, are on file and can be seen and examined by any person interested therein in the office of the City Clerk during business hours, at any time prior to said hearing.
Dated at Grand Junction, Colorado, this 3rd day of May, 2000.
BY ORDER OF THE CITY COUNCIL
CITY OF GRAND JUNCTION, COLORADO
By: /s/ Stephanie Nye
City Clerk
PASSED and ADOPTED this 3rd day of May, 2000.
/s/ Gene Kinsey
President of the Council
Attest:
/s/ Stephanie Nye
City Clerk