O.29. 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 Kluge Avenue Sidewalk 2017 Special Improvement District; 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.

Palisade Board of Trustees
Date of Vote: Tue, Nov 14th 2017
Polls (closed):
Yay (2)    Nay (0)

Summary

                    BACKGROUND:

On July 25, 2017 the Board of Trustees approved and adopted Resolution 2017-31 to award a contract to Adcock Concrete for the sidewalk replacement along portions of Sixth, Seventh Streets and Kluge Avenue in the amount of $8,194. The construction was completed. The improvements included sidewalk replacement for 241 feet of 4 foot sidewalk with a total area of 107 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 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.
                
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                    At the November 14 public hearing, the Board of Trustees will consider the creation of the Kluge Avenue Sidewalk 2017 Special Improvement District 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.

Kluge Avenue Sidewalk 2017 Special Improvement District:

The Kluge Avenue Sidewalk 2017 Special Improvement District (Exhibit A) includes sidewalk improvements along portions of the rights-of-way for Sixth and Seventh Streets and Kluge Avenue including two properties that adjoin the sidewalk improvements. Under the provisions of the Ordinance creating the District, a total of $1,915 will be assessed against the properties 2 especially benefited by the improvements, based on a twenty-five percent cost at $8.50 per lineal foot. The owners may pay the entire assessment within 30 days after the passage of the ordinance, or choose to pay the assessment in ten annual payments, subject to a 4% one-time charge and interest accrued at the rate of 4 percent annually. Upon adoption, the ordinance creating the District will be filed with the Mesa County Clerk. Assessment payments would be collected by the Mesa County Treasurer.  Approval of Ordinance 2017-29 by the Board of Trustees creating a Special Improvement District to be known as the Kluge Avenue Sidewalk 2017 Special Improvement District; acquiring the existing improvements within the district along Sixth Street and Kluge Avenue; and assessing the cost and providing the method of payment of the special assessments.
                

In an effort to be an unbiased source of information, all text in this summary comes directly from government resources.