HomeMy WebLinkAbout970484.tiffP.O. BOX 485 - KERSEY, COLORADO 80644 - 970/352-6177 - FAX 970/351-7679
WELD COUNTY DISTRICT RE -7
GLEN M. HANSON, SUPERINTENDENT
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January 28, 1997
Weld County Commissioners
George Baxter, Chairman
915 10th Street
Greeley, CO 80631
Dear Chairman Baxter:
I am pursuing the issue of the Intergovernmental Agreement of Fair Contribution for School Sites
again in behalf of the other Weld County school districts that are experiencing major impacts by
the residential development occurring within Weld County.
The concern the previous time I spoke to the commissioners on the subject was the outcome of
the Supreme Court case. The wording of the ruling of the Supreme Court identifies the legality
of the authority of local governments to "require land dedication, or fees in lieu thereof,... for
school and park purposes." The Supreme Court ruling referenced CRS 30-28-133 (4)(a)(II) of
which I have enclosed a copy for your convenience.
CRS 22-54-102(3)(b)(III) states "... the prohibition on impact fees or other similar development
charges or fees contained in this subsection (3) shall not be construed to restrict the authority of
any local government to require the reservation or dedication of sites and land areas for schools
or the payment of moneys in lieu thereof if such local government otherwise has such authority
has such authority granted by law." A copy of this citation is also included for your convenience.
At the previous meeting a commissioner mentioned that this should be handled by the towns and
cities and not be addressed at the county level. Some of the development is occurring in the
areas outside of town and city limits and therefore not subject to the town or cities regulations.
The school districts represented in this effort desire to have a uniform application of the proposed
agreement throughout the county.
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970484
Chairman George Baxter
Page 2
January 28, 1997
I would encourage the Commissioners to schedule this as an item of business on an upcoming
agenda. I would appreciate notification of the meeting so we could have representation at the
meeting.
Sincerely,
Glen M. Hanson
Superintendent
22-53-605 Education 242
incorporated into the individual education plan
for special education students. The plan shall
include, but need not be limited to, the follow-
ing:
(a) Sufficient in -school instructional time
for the development of the pupil's reading readi-
ness or literacy and reading comprehension
skills;
(b) An agreement by the pupil's parents or
legal guardian to implement a home reading
program to support and coordinate with the
school; and
(c) If necessary, placement of the pupil in a
summer reading tutorial program.
(4) The school district shall reassess each
pupil's progress in the individual literacy plan
each semester. The plan shall continue until the
pupil is reading at or above grade level.
(5) (a) In no case shall a school district
permit a pupil to pass from the third grade to
the fourth grade for reading classes unless the
pupil. is assessed as reading at or above the
reading comprehension level established by the
state board.
(b) Paragraph (a) of this subsection (5) does
not apply to children with disabilities, as
defined in section 22-20-103 (1.5), when the dis-
ability is a substantial cause for a pupil's inabil-
ity to read and comprehend at grade level.
(c) Notwithstanding the provisions of para-
graph (a) of this subsection (5), a school district
may allow a pupil to pass from the third grade to
the fourth grade under rules promulgated by the
state board pursuant to subsection (I) of this
section.
(6) The resource bank, created pursuant to
section 22-53-406 (5), shall include in its model
programs of instruction reading readiness, liter-
acy, and reading comprehension programs col-
lected from school districts and organizations in
the state and throughout the nation that have
been proven to be successful. A school district
may request technical assistance from the state
board and the department of education in
selecting and adapting a literacy program in the
resource bank for use in the school district.
22-53-605. School district responsibilities
and incentives. (I) Each school district shall
annually report to the department of education:
(a) The number and percentage of pupils
enrolled in the third grade in the school district
who read at or above the third grade level;
(b) The number and percentage of pupils
enrolled in the school district who have an indi-
vidual literacy plan;
(c) The number and percentage of pupils
enrolled in the school district who have
increased their literacy and reading comprehen-
sion levels by two or more grades during one
year of instruction.
ARTICLE 54
Public School Finance Act of 1994
22-54-101. Short title.
22-54-102.
22-54-103.
22-54-104.
22-54-104.3.
22-54-104.5.
22-54-105.
22-54-106.
22-54-107.
22-54-108.
22-54-109.
22-54-110.
22-54-111.
22-54-112.
22-54-113.
22-54-114.
22-54-115.
22-54-116.
22-54-117.
22-54-I 18.
22-54-119.
22-54-120.
22-54-101. S
known and may
Finance Act of 1
Legislative declaration - state-
wide applicability - inter-
governmental agreements.
Definitions.
District total program.
Total program for 1994-95 and
1995-96 budget years and
budget years thereafter - spe-
cial provisions.
School finance study.
(Repealed)
Instructional supplies and
materials - capital reserve and
insurance reserve.
Local and state shares of dis-
trict total program.
Buy-out of categorical pro-
grams.
Authorization of additional
local revenues.
Attendance in district other
than district of residence.
Loans to alleviate cash flow
management problems.
Adjustments in valuation for
assessment.
Reports to the state board.
County public school fund.
State public school fund.
Distribution from state public
school fund.
Notice to taxpayers - assistance
by department of education.
Contingency reserve.
Joint districts.
General provisions.
Rules and regulations.
hort title. This article shall be
be cited as the "Public School
994".
22-54-102. Legislative declaration - statewide
applicability - intergovernmental agreements.
(1) The general assembly hereby finds and
declares that this article is enacted in further-
ance of the general assembly's duty under
section 2 of article IX of the state constitution to
provide for a thorough and uniform system of
public schools throughout the state; that a thor-
ough and uniform system requires that all
school districts operate under the same finance
formula; and that equity considerations dictate
that all districts be subject to the expenditure
and maximum levy provisions of this article.
Accordingly, the provisions of this article con-
cerning the financing of public schools for bud-
get years beginning on and after July 1, 1994,
shall apply to all school districts organized
under the laws of this state.
(2) The general assembly hereby finds and
declares that in enacting this article it has
adopted a formula for the support of schools for
the 1994-95 budget year and budget years there-
after; however, the adoption of such formula in
no way represents a commitment on the part of
the general assembly concerning the level of
243
Public School Finance Act of 1994 22-54-103
total funding for schools for the 1995-96 budget
year or any budget year thereafter.
(3) (a) Nothing in this article shall be con-
strued to prohibit local governments from coop-
erating with school districts through inter-
governmental agreements to fund, construct,
maintain, or manage capital construction
projects or other facilities as set forth in section
22-45-103 (1) (c) (I) (A), (1) (c) (I) (B), or (1) (c)
(I) (D), including, but not limited to, swimming
pools, playgrounds, or ball fields, as long as
funding for such projects is provided solely from
a source of local government revenue that is
otherwise authorized by law except impact fees
or other similar development charges or fees.
(b) Notwithstanding any provision of para-
graph (a) of this subsection (3) to the contrary,
nothing in this subsection (3) shall be construed
to:
(I) Limit or restrict a county's power to
require the reservation or dedication of sites
and land areas for schools or the payment of
moneys in lieu thereof pursuant to section
30-28-133 (4) (a), C.R.S., or to limit a local
government's ability to accept and expend
impact fees or other similar development
charges or fees contributed voluntarily on or
before December 31, 1997, to fund the capital
projects of school districts according to the
terms of agreements voluntarily entered into on
or before June 4, 1996, between all affected par-
ties;
(II) Affect any agreements entered into
before May 1, 1996, that were the subject of
litigation pending before the Colorado supreme
court on May 1, 1996. If a supreme court deci-
sion affirms the right to impose impact fees or
other similar development charges or fees, a
local government that had imposed such fees or
charges prior to May 1, 1996, may impose and
collect such fees and charges until July 1, 1997.
If a decision of the supreme court rejects the
right to impose such fees or charges, such local
government may impose and collect such fees
and charges in connection with or as required by
a voluntary agreement entered into before July
1, 1996, for the term of the agreement. In either
event, all such impact fees or other similar
development charges or fees shall be appropri-
ated on or before December 31, 1997.
(III) Grant authority to local governments to
require the reservation or dedication of sites
and land areas for schools or the payment of
moneys in lieu thereof; however, the prohibition
on impact fees or other similar development
charges or fees contained in this subsection (3)
shall not be construed to restrict the authority of
any local government to require the reservation
or dedication of sites and land areas for schools
or the payment of moneys in lieu thereof if such
local government otherwise has such authority
granted by law.
22-54-103. Definitions. As used in this arti-
cle, unless the context otherwise requires:
(I) (a) "At -risk pupils" means:
(I) For the 1994-95 budget year, the greater
(A) The number of district pupils eligible for
free lunch; or
(B) The number of pupils calculated in
accordance with the following formula:
District pupils eligible for free
lunch + 25% x ((District per-
centage of pupils eligible for free
lunch x District pupil enroll-
ment) - District pupils eligible for
free lunch)
(II) For the 1995-96 budget year and budget
years thereafter, the greater of:
(A) The number of district pupils eligible for
free lunch; or
(B) The number of pupils calculated in
accordance with the following formula:
District percentage of pupils eligible
for free lunch x District pupil enroll-
ment
(b) For purposes of this subsection ( I):
(I) "District percentage of pupils eligible for
free lunch" means the district pupils eligible for
free lunch in grades one through eight divided
by the district pupil enrollment in grades one
through eight.
(II) "District pupil enrollment" means the
pupil enrollment of the district, as determined
in accordance with subsection (10) of this
section, minus the number of pupils enrolled in
district preschool programs pursuant to article
28 of this title and the number of three- or four-
year -old pupils with disabilities receiving educa-
tional programs pursuant to article 20 of this
title.
(III) "District pupils eligible for free lunch"
means the number of pupils included in the dis-
trict pupil enrollment who are eligible for free
lunch pursuant to the provisions of the federal
"National School Lunch Act", which were in
effect on July I, 1994.
(c) For purposes of this subsection (I).
at -risk pupils shall be counted in the same man-
ner as pupils are counted pursuant to subsection
(10) of this section; except that a school district
may elect to count at -risk pupils on October 15
within the applicable budget year or the school
day nearest said date.
(2) "Board of education" means the board
of education of a district.
(3) "Budget year" means the period begin-
ning on July I of each year and ending on the
following June 30 for which a budget for a dis-
trict is adopted.
(4) "Department of education" means the
department of education created in section
24-1-115, C.R.S.
(5) "District" means any public school dis-
trict organized under the laws of Colorado,
except a junior college district.
(5.5) "District percentage of at -risk pupils"
means the number of at -risk pupils in the dis-
trict, as determined in accordance with subsec-
tion (I) of this section. divided by the pupil
30-28-132
Government - County 4840
zoning, subdivision, housing, recreation, trans-
portation, public works, health and safety, and
other similar subjects.
30-28-132. Concurrent planning jurisdiction -
authorized agreements and contracts. (1) In any
instance where a regional planning commission
is unable to perform on time and in sufficient
detail a plan or survey or study which is its pri-
mary responsibility and where such plan or
survey or study has been requested and is urgent
for the development of a district, county, or
municipality, then, upon formal notice to the
regional planning commission, the local com-
mission may proceed to make such plan or
survey or study for its own area. In such
instances, the regional planning commission
may adopt such plan or survey or study as part
of its regional plan and may take primary
responsibility for the expansion of the study or
plan into other jurisdictions.
(2) A regional planning commission may
agree or contract with any governmental or
quasi -governmental body within the region to
make any plan or survey or study for such gov-
ernmental or quasi -governmental body, irre-
spective of whether such plan or survey or study
is the primary responsibility of such regional
planning commission.
(3) A regional planning commission may
agree or contract with any constituent govern-
ment to have it make any plan or survey or
study which is the primary responsibility of the
regional planning commission.
30-28-133. Subdivision regulations.
(I) Every county in the state which does not
have a county planning commission on July 1,
1971, shall create a county planning commis-
sion in accordance with the provisions of
section 30-28-103. Every county planning com-
mission in the state shall develop, propose, and
recommend subdivision regulations, and the
board of county commissioners shall adopt and
enforce subdivision regulations for all land
within the unincorporated areas of the county in
accordance with this section not later than Sep-
tember I, 1972. Before finally adopting any sub-
division regulations, the board of county com-
missioners shall hold a public hearing thereon,
and at least fourteen days' notice of the time
and place of such hearing shall be given by at
least one publication in a newspaper of general
circulation in the county. Before adopting any
such subdivision regulations, the board of
county commissioners may revise, alter, or
amend any such subdivision regulations devel-
oped, proposed, or recommended by the county
planning commission. In the event the board of
county commissioners of any county in the state
has not adopted subdivision regulations by Sep-
tember 2, 1972, the Colorado land use commis-
sion may promulgate such subdivision regula-
tions for such areas of the county for which no
subdivision regulations exist. Such subdivision
regulations shall be in full force and effect and
enforced by the board of county commissioners.
If at any time thereafter the board of county
commissioners adopts its own subdivision regu-
lations for land within the unincorporated areas
of the county, such regulations shall be no less
stringent than the regulations promulgated by
the Colorado land use commission under this
subsection (1). All subdivision regulations, and
all amendments thereto, adopted by a board of
county commissioners shall be transmitted to
the Colorado land use commission.
(2) Prior to the adoption of the regulations
referred to in this section, a public hearing shall
be held thereupon in the county in which said
territory or any part thereof is situated. A copy
of such regulations shall be certified by the com-
mission and thereupon filed with the county
clerk and recorder of the county in which said
territory is situated.
(3) Subdivision regulations adopted by a
board of county commissioners pursuant to this
section shall require subdividers to submit to
the board of county commissioners data,
surveys, analyses, studies, plans, and designs, in
the form prescribed by the board of county com-
missioners, of the following items:
(a) Property survey and ownership of the
surface and mineral estates including mineral
lessees. if any:
(b) Relevant site characteristics and analyses
applicable to the proposed subdivision includ-
ing the following, which shall be submitted by
the subdivider with the sketch plan:
(I) Reports concerning streams, lakes, topog-
raphy, and vegetation;
(II) Reports concerning geologic characteris-
tics of the area significantly affecting the land
use and determining the impact of such charac-
teristics on the proposed subdivision;
(III) In areas of potential radiation hazard to
the proposed future land use, evaluations of
these potential radiation hazards;
(IV) Maps and tables concerning suitability
of types of soil in the proposed subdivision, in
accordance with any standard soil classifications
and procedures therefor, for the proposed use;
(c) A plat and other documentation showing
the layout or plan of development, including,
where applicable, the following information:
(I) Total development area;
(II) Total number of proposed dwelling
units;
(III) Total number of square feet of pro-
posed nonresidential floor space;
(IV) Total number of proposed off-street
parking spaces, excluding those associated with
single-family residential development;
(V) Estimated total number of gallons per
day of water system requirements where a distri-
bution system is proposed;
(VI) Estimated total number of gallons per
day of sewage to be treated where a central
sewage treatment facility is proposed or sewage
disposal means and suitability where no central
sewage treatment facility is proposed;
(VII) Estimated construction cost and pro-
posed method of financing of the streets and
related facilities, water distribution system,
4841
,wage collection system, storm drainage facili-
ties, and such other utilities as may be required
of the developer by the county;
(VIII) Maps and plans for facilities to pre-
vent storm waters in excess of historic runoff,
caused by the proposed subdivision, from enter-
ing, damaging, or being carried by conduits,
water supply ditches and appurtenant struc-
tures, and other storm drainage facilities;
(d) Adequate evidence that a water supply
that is sufficient in terms of quality, quantity,
and dependability will be available to ensure an
adequate supply of water for the type of subdivi-
sion proposed. Such evidence may include, but
shall not be limited to:
(I) Evidence of ownership or right of acqui-
sition of or use of existing and proposed water
rights;
(II) Historic use and estimated yield of
claimed water rights;
(III) Amenability of existing rights to a
change in use;
(IV) Evidence that public or private water
owners can and will supply water to the pro-
posed subdivision stating the amount of water
available for use within the subdivision and the
feasibility of extending service to that area;
(V) Evidence concerning the potability of
the proposed water supply for the subdivision.
(4) Subdivision regulations adopted by the
board of county commissioners pursuant to this
section shall also include, as a minimum, provi-
sions governing the following matters:
(a) Sites and land areas for schools and
parks when such are reasonably necessary to
serve the proposed subdivision and the future
residents thereof. Such provisions may include:
(I) Reservation of such sites and land areas,
for acquisition by the county;
(II) Dedication of such sites and land areas
to the county or to the public or, in lieu thereof,
payment of a sum of money not exceeding the
full market value of such sites and land areas or
a combination of such dedication and such pay-
ment; except that the value of such combination
shall not exceed the full market value of such
sites and land areas. If such sites and land areas
are dedicated to the county or the public, the
board of county commissioners may, at the
request of the affected entity, sell the land. Any
such sums, when required, or moneys paid to
the board of county commissioners from the
sale of such dedicated sites and land areas shall
be held by the board of county commissioners:
(A) For the acquisition of reasonably neces-
sary sites and land areas or for other capital
outlay purposes for schools or parks:
(B) For the development of said sites and
land areas for park purposes; or
(C) For growth -related planning functions
by school districts for educational purposes.
(III) Dedication of such sites and land areas
for the use and benefit of the owners and future
owners in the proposed subdivision.
(b) Standards and technical procedures
applicable to storm drainage plans and related
designs, in order to ensure proper drainage
County Planning and Building Codes 30-28-133
ways, which may require, in the opinion of the
board of county commissioners, detention facil-
ities which may be dedicated to the county or
the public, as are deemed necessary to control,
as nearly as possible, storm waters generated
exclusively within a subdivision from a one
hundred year storm which are in excess of the
historic runoff volume of storm water from the
same land area in its undeveloped and unim-
proved condition:
(c) Standards and technical procedures
applicable to sanitary sewer plans and designs.
including soil percolation testing and required
percolation rates and site design standards for
on -lot sewage disposal systems when applicable:
(d) Standards and technical procedures
applicable to water systems.
(4.3) After final approval of a subdivision
plan or plat and receipt of dedications of sites
and land areas or payments in lieu thereof
required pursuant to subparagraph (II) of para-
graph (a) of subsection (4) of this section, the
board of county commissioners shall give writ-
ten notification to the appropriate school dis-
tricts and local government entities. Following
such notice, a school district or local govern-
ment entity may request and shall demonstrate
to the board of county commissioners a need for
land or moneys for a use authorized by
subparagraph (II) of paragraph (a) of subsection
(4) of this section. When a board of county com-
missioners votes to allocate land or moneys for
subject project, such land or moneys shall
immediately be transferred to the appropriate
school district or local government entity.
(4.5) Subdivision regulations adopted by a
board of county commissioners may provide for
the protection and assurance of access to sun-
light for solar energy devices by considering the
use of restrictive covenants or solar easements.
height restrictions, side yard and setback
requirements, street orientation and width
requirements, or other permissible forms of land
use controls.
(5) No subdivision shall be approved under
section 30-28-110 (3) and (4) until such data.
surveys, analyses, studies, plans. and designs as
may be required by this section and by the
county planning commission or the board of
county commissioners have been submitted.
reviewed, and found to meet all sound planning
and engineering requirements of the county con-
tained in its subdivision regulations.
(6) No board of county commissioners shall
approve any preliminary plan or final plat for
any subdivision located within the county unless
the subdivider has provided the following mate-
rials as part of the preliminary plan or final plat
subdivision submission:
(a) Evidence to establish that definite provi-
sion has been made for a water supply that is
sufficient in terms of quantity. dependability_
and quality to provide an appropriate supply of
water for the type of subdivision proposed:
(b) Evidence to establish that, if a public
sewage disposal system is proposed, provision
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