Creating a Special Improvement District

Palisade Board of Trustees
Date of Vote: Tue, Mar 14th 2017
Polls (closed):
Yay (0)    Nay (0)

Summary

                    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.
                
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                    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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