HomeMy WebLinkAbout890380.tiff RESOLUTION
RE: APPROVE LETTER OF AGREEMENT WITH CITY OF DACONO AND AUTHORIZE
CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Letter of
Agreement with the City of Dacono regarding building inspection
services to the Colorado National Speedway property, which the
City of Dacono is in the process of annexing, and
WHEREAS, after review the Board deems it advisable to approve
said Letter of Agreement , a copy of which is attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Letter of
Agreement with the City of Dacono be, and hereby is , approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Letter of Agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 26th day of
April, A.D. , 1989 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: ¢Cry,) WELD COUNTY, COLORADO
Weld County erk and Recorder EXCUSED DATE OF SIGNING - AYE
and Clerk to the Board C.W. Kirby, Chairman
BY: _ t7/ /f.t ECA-GL:_1 nyne Jo son,NmiTo-Tem
epuly County Clerk
,or
APPROVED AS TO FORM: Gene R. Brantner
EXCUSED DATE OF SIGNING - AYE
George Kenn
ounty Attorney Gor ia—
890380
( \‘,
A
City of Dacono, Colorado
4` JJ ' e/
Lee Morrison, Esq. April 17, 1989
Assistant County Attorney
915 10th Street
Greeley, CO 80632
Dear Mr. Morrison:
As you know, the City has commenced proceedings for the annexation
of the Colorado National Speedway property (the legal description
of the property is attached) . The hearing on the proposed
annexation is scheduled for May 8, 1989 ; the ordinance for the
annexation, if approved, would be finally adopted on May 22 , 1989.
at this time there appear to be no foreseeable impediments to the
_completion of the annexation.
During the period prior to the anticipated completion of the
annexation, the City of Dacono is willing to provide its building
inspection services to the Colorado National Speedway property.
She owner of the Colorado National Speedway property has requested
that the City provide such services in order to permit the owner
to move forward with compliance with the building code and other
applicable codes of the City of Dacono prior to the 1989 racing
season. We understand that the attorney for the property owner has
discussed this matter with you, and that provision of the City's
building inspection services to the Colorado National Speedway
property would be acceptable to Weld County.
Please contact Dacono City Attorney Tami Tanoue (303-2-38-1601)
before April 24, 1989 if the County has any concerns about the
matters set forth in this letter. If the County has no such
concerns, the Dacono City Council will be requested at its april
24, 1989 meeting to formally approve the provision of building
inspection services as described in this letter. Thank you for
your assistance.
Sincerely,
CITY OF DACONO, COLORADO
-By; 2xc'<tt.'' /1 ;`f" c. 4 ,
cc: Charles Dickson, Esq. /7
Jim Opperman //
Mayor and Councilmembera ,Dacono
Tami Tanoue, Dacono City,,'Attorney
890380
512 Cherry Street • P.0.Box 186 • Dacono, Colorado 80514 • Metro - 825-1256 • Local - 833-2317
THE FOREGOING IS APPROVED AND ACCEPTED THIS 24th TAY OF
April , 1989 BY THE CITY OF DACONO, COLORADO.
CITY OF DACONO, COLORADO
ayor
ATTEST: Z
By: aS. a7-.:
City Clem
THE FOREGOING IS APPROVED AND ACCEPTED THIS 26th DAY OF
April , 1989 BY THE COUNTY OF WELD, COLORADO.
BOARD OF COUNTY COMMISSIONERS
By: � ._
�_.,,�, h'' rm�n vote
itcutuliti
i�
-B L2/
Co my Clerk and Recorder
11/1-59
-2-
890380
ORIFFITHS-& TANOUE, P.C.
ATTORNEYS AT LAW
9LAKETTREETTERRACE TEL.(303)298.1601
1660 BLAKE STREET,SUITE 550 FAX(303)298.1627
DENVER,COLORADO 80202
April 25, 1989
Lee Morrison, Esq.
Assistant County Attorney
Weld -County
915 10th street
Greeley, CO 80632
Dear Mr. Morrison:
The fallowing is in response to our telephone conversation of April
20, 1989 and your letter dated April 21, 1989. In that
conversation and that latter, you indicated to sae that as a
condition -of the County's acquiescence to the City's -provision of
building inspection services to the Colorado _National speedway
property pending annexation, the County mould require the City to
annex Weld County Road 10 from the Speedway property to the I-25
frontage road. In response, at its April 24, 1989 meeting, the
Dacono City Council adopted the following motions:
1. -Tn accept petitions from the Weld County 33oard of County
Commissioners for the annexation of:
a. Weld County Road 10 from the western edge of the
Colorado National Speedway property to the 1-25
frontage road; and
b. Weld County Road 12 from the western edge of the
One property to the 1-25 ₹ront-age road (as you will
recall, the County requested this annexation at the
time of the City's annexation of the Case property) ;
and
2 . To approve the provision by the City building inspector
of City building inspection services to the Colorado
-National Speedway property pending completion -of the
Speedway property as provided in the Mayor's -April 17,
1989 letter to you.
890380
Lee Morrison, Esq.
April 25, 1989
Page 2 Enclosed
iPlease have the C unty Comissioners
sm a the letter areement ppov he agreement the City Council.
d and
me a copy of the approved agreement. Alrso-en losed are twoncopies
of the City's standard annexation petition. Please have the
petitions executed, attach legal descriptions of the properti-es to
be annexed, -and then return them to me.
Thank you for your assistance in this matter.
Sincerely,
GRIFFITHS &
By: eakt Q f akt,
Tani A. Tanoue
TAT:jl
Enc.
cc: . Mayor and Councilmembers, Dacono
Jim Cpperman
11/165
890380
P-4-if Hit
2/10/89
f$TITION FOR ANNEXATION
TO: THE CITY COUNCIL or THE CITY OF DACONO, COLORADO
We, the undersigned landowners, in accordance with Colorado law,
hereby petition the City of Dacono and its _City Council for
annexati-on to the city of Dacono of the unincorporated territory,
the legal description of which is attached hereto as Exhibit A and
incorporated herein by this reference, located in the _County of
Weld and the State of Colorado, and to be known as the
Annexation to the City of Dacono.
As part of this petition, your petitioners further state to the
city Council that:
1. It is desirable and necessary that the territory
described in Exhibit A be annexed to the City of Dacono.
2 . The requirements of Sections 31-12-104 and 31-22-105,
C.R.S. , as amended, exist or have been met in that:
a. Not less than one-sixth of the perimeter of the area
proposed to be annexed is contiguous with the City
of Dacono -or will be contiguous with the city of
Dacono within such time as required by section 31-
12-104-
b. A community of interest exists between the area
proposed to be annexed and the City of Dacono.
c. The area proposed to be annexed is urban or will be
urbanized in the near future.
d. The area proposed to be annexed is integrated -with
or is capable of being integrated with the City of
Dacono.
e. No land within the boundary of the territory
proposed to be annexed which is held in identical
ownership, whether consisting of one tract or parcel
of real estate or two or more contiguous tracts or
parcels of real estate, has been divided into
separate parts or parcels without the -written
consent of the landowner or landowners thereof,
unless such tracts or parcels were separated by a
dedicated street, road, or other public way.
f. No land within the boundary of the area proposed to
be annexed which is held in identical ownership,
whether consisting of one tract or parcel of real
1
890380
it
estate or two ormore contiguous tracts or parcelsof real estate, comprises twenty _acres or more, and
which, together with the buildings and improvements
situated thereon, has an assessed value in excess
-of two hundred thousand dollars ($200,000.00) for
ad valorem tax purposes for the year next preceding
the annexation, has been included within the area
proposed to be annexed without the 'written consent
of the landowner or landowner-s.
g. No annexation proceedings have been _commenced for
any portion of -the territory proposed to be annexed
for the annexation of such territory to another
municipality.
h. The annexation of the territory proposed to be
annexed will not _result in the detachment of area
from any school district.
i. The annexation -of the territory proposed to be
annexed will not -have the effect of extending the
boundary cf the city of Dacono-more than three miles
in any direction from any point of the _boundary of
the City of Dacono in any one year.
j . The territory proposed to be annexed i-s acr-es
in tot-al area.
k. Prior to completion of the annexation of the area
proposed to be annexed, a plan will be in place,
pursuant to Section 31-12-105(1) (s) , C.R.S. , - which
generally describes the proposed location,
character, and extent of streets, subways, bridges,
waterways, waterfronts, parkways, playgrounds,
squares, parks , aviation fields, other public ways,
grounds, open spaces, public utilities, and
terminals for water, light, sanitation,
transportation, and power to be provided by the City
of Dacono; and the proposed land uses for the area;
such plan to be updated at least once annually.
1. In establishing the boundary of the area proposed
to be annexed, if a portion of a platted street or
alley is to be annexed, the entire width of the
street or alley has been -included within the area
annexed, and reasonable access wi11 not be denied
to any landowners, owners of any easement, or the
owners of any franchise adjoining any platted street
or alley -which is to be annexed to the City of
Dacono but is not bounded on both sides by the city
of Dacono.
2
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El. If required, an impact report win be prepared and
filed pursuant to Section 31-12-108. 5, C.R.S.
3 . The owners of more than fifty percent of the area
proposed to be annexed, exclusive of dedicated streets
and alleys, have signed this petition-and hereby petition
for annexation of such territory.
4. Accompanying this petition are four copies of an
annexation map containing the following information:
a. A- written legal description -of the boundaries of the
area proposed to -be annexed;
b. A -map showing the boundary of the area proposed to
be annexed, -said tap prepared by and containing the
seal of a registered engineer;
c. -within the -annexation boundary map, a showing of the
location of each ownership tract in unplatted land
and, if part or -all of the area is platted, the
boundaries and the plat numbers of plots 'ar of lots
and blocks;
d. _Next to the boundary of the area proposed to be
annexed, a _drawing -of the contiguous boundary of the
City of Dacono and the contiguous boundary of any
other -municipality abutting the area proposed to be
annexed, and a showing of the dimensions of -such
contiguous boundaries.
5. Upon the annexation ordinance becoming effective, all
lands within the area proposed to be annexed gill become
subject to all ordinances, -resolutions, rules, and
regulations of the City of Dacono, except for general
property taxes of the -City of Dacono, which shall be come
effective as of the -January 1 next ensuing.
6. The zoning classification teguested -for the area proposed
to be annexed is
7. An annexation agreement -has been -executed by the
petitioners herein and the City of Dacono relating to
this annexation and the petitioners hereby expressly
consent to the terms and conditions set forth in the
annexation agreement.
WHEREFORE, the petitioners, whose signatures are on the signature
sheet on -the -next page, respectfully request that the City of
Dacono, acting through its City Council, approve the -annexation of
the area proposed to be annexed:
9/14
3
890380
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