HomeMy WebLinkAbout952639.tiffDATE: December 21, 1995
TO: Weld County Commissioners
Weld County Attorney's Office
Northern Colorado Water Conservancy District
Greeley Soil Conservation District
Aims Community College
Windsor -Severance Library District
Milliken Fire District
Weld County School District RE -4 fl
FROM: Betsy D. Holder, Greeley City Clerk
SUBJECT: Boomerang Ranch Second Annexation
WELD COUNTY
rnhf'Inn? !..•rnS
1995 DEC 22 MI 9: 27
CLERK
TO THE BOAED
The City of Greeley City Council has received a petition for annexation of property
generally located southeast of the intersection of 83rd Avenue and 10th Street.
A public hearing will be held to determine whether the property is eligible for
annexation, and this hearing has been scheduled for February 6, 1996.
A copy of the notice of public hearing, a copy of the resolution which sets the public
hearing, and a copy of the petition as filed are attached. As indicated in the notice and
resolution, the public hearing will be held:
February 6, 1996
7:30 p.m.
City Council Chambers in the
Public Safety Building
919 Seventh Street
Greeley, Colorado
Please note that a previous notice to you indicated that the public
hearing was scheduled for December 19, 1995. This hearing has been
rescheduled to the date listed above.
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NOTICE
Notice is hereby given that the City Council of Greeley, Colorado
will hold a public hearing on a proposed annexation of territory
to the City of Greeley. This territory is described in an
annexation petition which has been filed with the City Clerk as
the "BOOMERANG RANCH SECOND" annexation and is
located generally southeast of the intersection of 83rd Avenue and
10th Street. The hearing shall be held on February 6, 1996, in
the City Council Chambers at the Public Safety Building, 919
Seventh Street, in the City of Greeley, Colorado, beginning at
7:30 p.m. or as soon thereafter as the matter can be heard by the
City Council on that date. The purpose of the hearing is to
determine whether said property is eligible for annexation under
Colorado law. Persons wishing to examine the annexation
petition may do so at the office of the City Clerk during business
hours.
Dated this 21st day of December, 1995
Betsy D. Holder
City Clerk
CITY OF GREELEY, COLORADO
RESOLUTION NO. 92 , 1995
A RESOLUTION CONCERNING BOOMERANG RANCH SECOND
ANNEXATION PETITION AND FINDING SUBSTANTIAL COMPLIANCE OF
PETITION WITH STATE ANNEXATION LAWS
WHEREAS, the City of Greeley is granted the authority under the municipal
Annexation Act of 1965 to annex land under the requirements of §§ 31-12-104 and 31-
12-105, C.R.S.; and
WHEREAS, Public Service Company of Colorado and the Boomerang Lateral
Ditch Company submitted annexation petitions to the City of Greeley on October 25,
1995, for annexation of property located in the southeast corner of 83rd Avenue
(Weld County Road 27) and U. S. Highway 34 Business in the City of Greeley; and
WHEREAS, City of Greeley staff has found substantial compliance of the
annexation petition in conformance with § 31-12-101, et seq; and
WHEREAS, § 3142-108, C.R.S. requires that the City Council establish a
date, time and place to hold a hearing to determine if the proposed annexation
complies with §§ 3142-104 and 31-12-105, C.R.S., or such parts thereof, to establish
eligibility for annexation to the City of Greeley; and
WHEREAS, the City Clerk shall deliver notice and publish the date, time, and
place for said hearing pursuant to State law.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF GREELEY, COLORADO.
1. The City of Greeley City Council has found substantial compliance of the
annexation petition in conformance with § 31-12-101, C.R.S., et seq.
2. The hearing for determination of the proposed annexation petition for
compliance with §§ 31-12-104 and 31-12-105 is hereby set for February 6, 1996 at the
Greeley City Council Chamber, 919 7th Street, Greeley, Colorado, during a regular
City Council meeting beginning at 7:30 p.m.
3. This resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED, SIGNED AND APPROVED this Nineteenth Day
of December, 1995.
ATTEST:
THE CITY OF GREELEY, COLORADO
B
City Cl k ' Mayor
PETITION FOR ANNEXATION
BOOMERANG RANCH ANNEXATION
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF
GREELEY, COLORADO:
The undersigned, in accordance with Title 31, Article 12, Chapters 101 et. seq.,
Colorado Revised Statutes, 1973, as amended, hereby petition the City Council of the
City of Greeley for annexation to the City of Greeley of the territory described herein
and described and shown on the map designated, " Boomerang Ranch Second
Annexation." Four (4) copies of said map are submitted herewith and by this reference
are incorporated herein. The description of the territory hereby petitioned for annexation
to the City of Greeley is set forth in Exhibit A attached hereto and incorporated herein
by reference.
In support of this petition, the Petitioner(s) allege(s) that:
1. It is desirable and necessary that the above -described territory be annexed to the
City of Greeley.
2. The requirements of Section 31-12-104 and 31-12-105 of the Colorado Revised
Statutes exist or have been met in that:
A. Not less than one -sixth (1/6) of the perimeter of the area proposed to be
annexed is contiguous with the City of Greeley.
B. A community of interest exists between the territory proposed to be annexed
and the City of Greeley.
C. The territory sought to be annexed is urban or will be urbanized in the near
future.
D. The territory sought to be annexed is integrated or is capable of being
integrated with the City of Greeley.
3. In establishing the boundaries of the territory proposed to be annexed, no land
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/have been divided
into separate parts or parcels of real estate without the written consent of the land
owner or land owners thereof, except and unless where such tracts or parcels are
already separated by a dedicated street, road, or other public way.
4. 1n establishing the boundaries of the territory proposed to be annexed, no land
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 comprising twenty (20)
acres or more which, together with the buildings and improvements situated thereon
have an assessed valuation in excess of $200,000 for ad valorem tax purposes for
the year next preceding the filing of the written petition for annexation,
has/have been included within the territory proposed to be annexed without the
written consent of the land owner or land owners.
5. The territory proposed to be annexed does not include any area which is the same
or substantially the same area in which an election for an annexation to the City of
Greeley was held within the twelve months preceding the filing of this petition.
6. The territory proposed to be annexed does not include any area included in another
annexation proceeding involving a city other than the City of Greeley.
7. The territory proposed to be annexed is not presently a part of any incorporated
city, city and county, or town.
8. The property owned by each petitioner is described on each separate signature
sheet and, when needed, described more fully in the exhibits attached hereto and
incorporated herein by reference.
9. The signer(s) of this petition comprise(s) more than fifty percent (50%) of the land
owners and owning more than fifty percent (50%) of the property, excluding public
streets and alleys, and any land owned by the annexing municipality, and are, in
fact, owners of one hundred percent (100%) of the property set forth in Exhibit A
attached hereto and incorporated herein by reference.
Accompanying this petition are the original and four copies of an annexation plat
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.
C. Within the annexation boundary map, an identification 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 or of lots and blocks. Also within
the boundary map, identification of any special districts the area proposed to
be annexed may be part of.
D. Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the annexing municipality and the contiguous boundary
of any other municipality abutting the area proposed to be annexed.
E. A surveyor's certificate prepared by a registered land surveyor that attests
to the preparation of the map and certifies at least one -sixth (1/6) contiguity
to the City of Greeley.
F. Acceptance block describing the acceptance action of the City of Greeley and
providing for the effective date and City Clerk and Mayor attest signatures.
G. Notary public signature block, attesting to the authority of the Mayor to
execute acceptance of the annexation.
10. Except as otherwise provided, no part of the territory sought to be annexed is more
than three miles from a point on the municipal boundary, as such was established
more than one year before this annexation will become effective.
11. As an expressed condition of annexation, land owner(s) consent(s) to inclusion into
the Northern Colorado Water Conservancy District and the municipal subdistrict
pursuant to Section 37-45-136 (3.6) C.R.S. Land owner(s) aclmowledge(s) that,
upon inclusion into the district and subdistrict, land owner's(s') property will be
subject to the same mill levies and special assessments as are levied or will be
levied on other similarly situated property in the district and subdistrict at the time
of inclusion of land owner's(s') lands. Land owner(s) agree(s) to waive any right
to an election which may exist to require an election pursuant to Article X, Section
20, of the Colorado Constitution before the district and subdistrict can impose such
mill levies and special assessments as it has the authority to impose. Land owner(s)
also agree(s) to waive, upon inclusion, any right which may exist to a refund
pursuant to Article X, Section 20, of the Colorado Constitution.
THEREFORE, the undersigned respectfully petition(s) the City Council of the City of
Greeley, to annex the territory described and referred to in Exhibit A to the City of
Greeley in accordance with and pursuant to the statutes of the State of Colorado.
By:
ng Tatera
Rick D. Hertzke
itch Crmpany • 808 23rd Avenna
res.
Greeley, CO 80631
The foregoing signature(s) was/were s z cribed and sworn- t before me this
October , 19 95, by Rick D. Her
Witness my handandofficial seal.
COQ .(_iYlOJ,a.. (j;- P ,aCh,(Q__ 1GIy commission expi :Cciph P1'1ber � (.9c/Co .
Notary Public
Date of S gnmg
10-76-95
e
7Frh
day of
Land Owned
A parcel of lancelocated in the NW4 of Section 8, Township 5 North. Range 6. -st of the
5th P.M. ee Property Description Map.)
If necessary, attach separate sheet.
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