Resolution No. 97-95 (Word Version)

RESOLUTION NO. 97-95

DECLARING THE INTENTION OF THE CITY COUNCIL

OF THE CITY OF GRAND JUNCTION, COLORADO, TO CREATE

WITHIN SAID CITY ALLEY IMPROVEMENT DISTRICT NO. ST-96, 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 18 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 alley running east and west from 11th Street to 12th Street between Grand Avenue and White Avenue;

• The alley running east and west from 10th Street to 11th Street between Belford Avenue and Teller Avenue;

• The alley running east and west between 5th Street and 6th Street between Hill Avenue to Teller Avenue ;

• The alley running north and south from Elm Avenue to Mesa Avenue between 19th Street and 20th Street;

• The alley running east and west from 3rd Street to 4th Street between North Avenue and Belford Avenue;

• The cross alley running east and west between 7th Street and 8th Street and north and south from Main Street to Rood Avenue;

• The alley running east and west from 12th Street to 13th Street between Colorado Avenue and Ute Avenue;

• The alley running east and west from 5th Street to 6th Street between Chipeta Avenue and Gunnison 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 34, inclusive, Block 88, City of Grand Junction;

And Also Lots 1 through 32, inclusive, Block 21, City of Grand Junction;

And Also The South 40 ft. of Lots 1 through 4, inclusive, Block 29, City of Grand Junction;

And Also Lots 9 through 28, inclusive, Block 29, City of Grand Junction;

And Also Lots 31 and 32 and the North Half of Lots 29 and 30, Block 29, City of Grand Junction;

And Also Lots 2 through 18, inclusive , and also Lot 20, Block 1, Del Mar Park Subdivision, City of Grand Junction;

And Also The South 70 Feet of Lots 1 through 3, inclusive, Block 9, City of Grand Junction;

And Also Lots 4 through 9, inclusive, and Lots 17 through 30, inclusive Block 9, City of Grand Junction;

And Also Lots 10 and 11, except the North 10 feet for ROW per Book 1986 Page 319, Mesa County Records, City of Grand Junction;

And Also the South 47.5 feet of Lots 12 to 16, inclusive, Block 9, City of Grand Junction;

And Also the North 60 feet of Lots 31 and 32, Block 9, City of Grand Junction

And Also Lots 1 through 28, inclusive, Block 106, City of Grand Junction;

And Also Lots 1 through 16, inclusive, Block M, Keith addition to the City of Grand Junction;

And Also the North 50 feet of Lots 17 through 20, inclusive, Block M, Keith Addition to the City of Grand Junction;

And Also Lots 21 through 30, inclusive, Block M, Keith Addition to the City of Grand Junction;

And Also the North 70.5 feet of Lots 31 and 32, Block M, Keith Addition to the City of Grand Junction;

The South 53 Feet of Lots 1 through 4, Block 51, City of Grand Junction;

And Also Lots five through 13, inclusive, Block 51, City of Grand Junction;

And Also the west 12.5 feet of Lot 14, City of Grand Junction;

And Also the south 62.5 feet of the east 12.5 feet of Lot 14, City of Grand Junction;

And Also the south 62.5 feet of Lots 15 and 16, Block 51, City of Grand Junction;

And Also the north 45.7 feet of Lots 17 and 18, Block 51, City of Grand Junction;

And Also Lots 19 through 30, inclusive, Block 51, City of Grand Junction;

And Also the north 50.0 feet of Lots 31 and 32, Block 51, 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 3,619.42 feet; and the total amount of assessable footage for properties located in any other residential zone is estimated to be 1,975.50 feet; and the total amount of assessable footage receiving the non-residential rate is 1,580.94.

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-96, 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-96, 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-96, 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: