TITLE An Ordinance of the Board of Trustees for the Town of Palisade, Colorado, Creating a Special Improvement District within the Town of Palisade to be known as the Landreth and Hottes Additions Sidewalk Special Improvement District Number 1; Acquiring Existing Improvements within the District; and Assessing the Cost and Providing the Method of Payment of Special Assessments to the Property Included within the District. BACKGROUND On September 13, 2016 the Board of Trustees approved and adopted Resolution 2016-42 to award a contract to Adcock Concrete for the sidewalk installation and replacement along portions of Fifth, Sixth and Seventh Streets and Kluge and Peach Avenues in the amount of $27,459.55. The construction was completed in October of 2016. The improvements included sidewalk replacement for 353 feet of 4 foot sidewalk with a total area of 53 square yards. Typically the cost for sidewalk construction is the responsibility of the adjoining property owners who benefit from the improvements. Section 11-17 of the Municipal Code gives the Town the authority to assess and collect the full cost of construction and repair of sidewalks against the adjacent property owners. Before construction was started, the Town informed three property owners along the affected improvements that at least twenty-five percent of the cost to replace the sidewalks would be the obligation of the property owners. Now that the construction is complete, the creation of a Special Improvements District (SID) provides the means for assessing the construction costs and providing the method of payments. Under the Colorado Revised Statutes Title 31, Article 25, Part 5, a Special Improvement District (SID) may be used for the purpose of acquiring and funding public improvements by assessing all or part of the cost on the properties especially benefited by the improvements. At the March 14 public hearing, the Board of Trustees will consider the creation of the Landreth and Hottes Additions Sidewalk Special Improvement District Number 1 for the purpose of collecting 25 percent of the cost of the sidewalk construction from the owners. Prior to the hearing, notice was mailed to the affected property owners specifying the amount of the improvements and the total cost for which the assessment would be levied against their properties. The owners were notified that any complaints or objections could be made either at the public hearing to consider the SID or in writing prior to the hearing, before final actions are taken by the Board of Trustees. As of the time of this report, no formal objections have been received. ORDINANCE TEXT WHEREAS, on September 13, 2016 the Board of Trustees approved and adopted Resolution 2016-42 to award a contract for the sidewalk improvements along the west side of Kluge Avenue and the southwest corner of Kluge Avenue and Seventh Streets; along the south side of Sixth Street between Iowa Avenue and Peach Avenue; and along the southwest corner of Fifth Street and Peach Avenue; and WHEREAS, in October, 2016 the Town of Palisade completed the sidewalk improvements; and WHEREAS, pursuant to Title 31, Article 25, Part 5 C.R.S. a district may be formed for the purpose of constructing, installing, or acquiring any public improvement; and WHEREAS, pursuant to Title 31, Article 25 Part 5 C.R.S. a hearing must be held on the acquisition of existing improvements and the Town Clerk shall give notice of the acquisition and of the hearing at least twenty (20) days prior to the date of the hearing; and WHEREAS, pursuant to Title 31, Article 25 Part 5 C.R.S. a hearing must be held on the proposed assessment roll and the Town Clerk shall give notice of the proposed assessment roll and of the hearing at least fifteen (15) days prior to the hearing; and WHEREAS, Notice of Hearing and Notice of the Acquisition of Improvements and the Assessment was published in the Grand Junction Daily Sentinel and mailed to the property owners proposed to be assessed for said improvements on February 22, 2017; and WHEREAS, a hearing on the acquisition of existing improvements and on the proposed assessment roll was duly held on March 14, 2017; and WHEREAS, no complaints or objections were received by the Town Board, either at the hearing or in writing prior to the date of the hearing. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PALISADE, COLORADO: Section 1. The Board of Trustees hereby creates a Special Improvement District within the Town, to be designated ”Landreth and Hottes Additions Sidewalk Special Improvement District Number 1” which shall be located as follows: In the rights-of-way of Fifth, Sixth and Seventh Streets and Peach and Kluge Avenues including three properties that adjoin the right-of-way, the area more specifically set forth in the attached Exhibit A, incorporated herein by this reference. Section 2. The Board of Trustees hereby acquires the following existing improvements constructed in accordance with Colorado law: The sidewalk replacement includes 353 feet of 4 foot sidewalk with a total area of 53 square yards. Section 3. The property to be assessed for the costs of the Landreth and Hottes Additions Street Sidewalk Special Improvement District Number 1 shall include: 309 W. Fifth Street Parcel Number 2937-093-20-001 363 W. Sixth Street Parcel Number 2937-093-32-009 211 W. Seventh Street Parcel Number 2937-093-38-009 Section 4. The property within the SID will be specially benefited by the improvements and it is reasonable to assess the owner with a portion of the costs of the improvements. Section 5. The total cost for all sidewalk improvements constructed and installed within the district as per Resolution 2016-42 is $27,459.55. The cost per lineal front foot for the improvements is $53 of which $2,981.25 will be assessed against the respective properties benefited by the improvements and the balance of which shall be paid or provided by the Town of Palisade. The Board of Trustees adopts the following schedule as the assessment upon the lots or parcels of property within the Landreth and Hottes Additions Sidewalk Special Improvement District Number 1: Address Parcel Number Sidewalk Lineal Ft. Assessment 309 W. Fifth Street 2937-093-20-001 40 $530.00 363 W. Sixth Street 2937-093-32-009 45 $596.25 211 W. Seventh Street 2937-093-38-009 140 $1,855.00 Section 6. The cost of the assessed improvements shall be payable as follows: The assessment levied against the respective property will be $13.25 per lineal foot of sidewalk directly abutting the right-of-way. The assessment shall be due and payable without demand within thirty days after the passage of this Ordinance and, if paid during this period, the four percent (4%) one-time amount for costs, collection and other incidentals will not be charged; provided, however, if owner(s) fails to pay the entire assessment within the prescribed thirty (30) day period, owner shall be conclusively considered to have made an election on its/his/her/their part to pay the assessment, together with the additional four percent (4%) one-time charge for costs of collection and other incidentals added to the principal, in ten (10) annual installments, the first of which shall be due and payable at the same time as the next installment of general taxes, as assessed by the laws of the State of Colorado; each annual installment for the Landreth and Hottes Additions Sidewalk Special Improvement District Number 1 shall be paid on or before the same date each year as the payment date of the first installment until fully paid. Annual installment payments will include interest that has accrued at the rate of four percent (4%) on the unpaid principal, together with outstanding principal due on that anniversary date. Section 7. The Town Clerk shall file copies of this Ordinance with the Mesa County Clerk and Recorder for recording in the real estate records, with the Mesa County Treasurer and with the Mesa County Assessor’s Office. A copy shall be provided, also, to the Department of Local Affairs of the State of Colorado. Assessment payments shall be collected by Mesa County Treasurer.
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