HomeMy WebLinkAbout20020089.tiff CAROL Harding Re: Rinn Church annexation impact report Page 1
From: BRUCE Barker
To: "myrna_f_2000@yahoo.com".GWIA.CENTDOMAIN; Harding, CAROL
Date: 1/2/02 10:25AM
Subject: Re: Rinn Church annexation impact report
John: As you know, although 31-12-108.5 requires that one copy of the impact report be filed with the
Board of County Commissioners, it does not require the Board to oppose the annexation if the report is
not filed with the Board. Opposing the annexation is an option the Board can consider. I think that is what
former Commissioner Kirkmeyer was saying in her 1996 letter. Bruce.
>>> Myrna Folsom <myrna_f_2000@yahoo.com> 12/30/01 09:01AM >>>
Rinn Church impact report
12/31/2001
To: The Weld Board of County Commissioners
Subject: Rinn United Methodist Church annexation
impact report
Dear Commissioners:
CRS31-12-108.5 requires that an annexation impact
report be filed with a board of county commissioners
before a hearing for a petition for annexation to a
municipality. A hearing has been held and an
approving resolution been passed by the Town of
Frederick relating to the subject annexation. Based on
the fact that Weld Board of County Commissioners
agendas public review section has listed no
communication of this report to the Board, it might be
assumed that it has not been filed as required by the
statute.
Attached below is a communication to the Board
regarding not filing this report in relation to a
petition for annexation to the Town of Firestone. As
far as I can determine there has been no response by
the Board to this latter failure to comply with the
statute. It would be interesting to learn the Board/Es
position with respect to compliance with this statute.
John Folsom
Attachment:
10/28/01
To the Weld Board of County Commissioners
Subject: Vogl annexation to Firestone-annexation
impact report
Dear Commissioners:
I cannot find in the Board files, nor listed in the
ocommunicationso section of the Board/Es agendas,
evidence that an annexation impact report has been
filed with the Board by the Town of Firestone for the
Vogl annexations. The Town voted to annex this
property on 10/25/01.
CRS31-12-108.5 [1] states; 6The municipality shall
prepare an impact report concerning the proposed
of-07-
2002-0089
CAROL Harding Re: Rinn Church annexation impact report Page 2
annexation at least twenty-five days before the date
of the hearing established pursuant to section
31-12-108 and shall file one copy with the board of
county commissioners governing the area proposed to be
annexed within five days thereaftero. Since there is
no record of a waiver of the report by the Board, I
request that it determine the circumstances of the
apparent violation of the requirements of the statute
by Town government.
I refer you to a letter dated 3/4/96 sent to the Town
by the then chairperson of the Board, Barbara
Kirkmeyer, in which she states: oThe Board of County
Commissioners does not believe a motion for
reconsideration is necessary in this instance,
however, the Board may consider such a motion for
future annexations by the Town of Firestone if the
impact report requirements set forth in Section
31-12-108.5, CRS, are not fully addressedo. Over the
years there have been other instances of the Town
failing to file impact reports.
In view of this, the Board might want to consider a
motion for consideration relating to the subject
annexation if the allegations of non-compliance in
this communication are confirmed.
John Folsom
CC: Bruce Barker
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