HomeMy WebLinkAbout960797.tiff 7050 Loma Linda Ct.
Longmont CO 80504
per C. 99 April 11, 1996
Board of Weld County Commissioners CLEEn
P.O.Box 756 (} f
Greeley CO 80632
Subject:Petition to the Town of Firestone to annex parts of WCR20,13 &l 1
Ladies and Gentlemen:
CRS 31-12-114 Conflicting annexation claims of two or more municipalities states: (1)At any time
during a period of notice given by a municipality pursuant to section 3112-108,any other municpality
may adopt a resolution of intent pusuant to section 31-12-106 or receive a petition for annexation or a
petition for annexation election pursuant to section 31-12-107 with the area partly or wholly overlapping
the area proposed for annexation by the first municipality."
The County petition for annexation to the Town of Firestone for a part of WCR20 conflicts with the
previous petition for annexation to the Town of Frederick,aka Finlay annexation,where WCR20 crosses
WCR13. As a result it would seem that an election must be held to resolve this conflict.
In regard to the County's petition,I don't presume to know for a fact what was its motivation. However, it
is destructive enough to affecting sensible planning that the County has not seen fit to challenge
flagpoling as a devise for annexation creating effectively satellites. The rationale is questionable for the
creation of a mixed use district which will result in a checkerboard of development without a semblance
of contiguity to any municipality creating effectively more satellites. The County has now seen fit to take a
further step towards planning chaos by petitioning to annex poles without the excuse of flags. This, latter,
might give one the perception that the County is using this type of annexation as a devise to establish
jurisdictions of expansion. However,the cure might end being worse than the disease. If under flagpoling
a municipality can unilaterally usurp a County ROW without the County petitioning;what is to prevent
one municipality to flagpole away another municipality's ROW in the same fashion. And,again, a
municipality can establish contiguity across a ROW to annex no matter in whose jurisdiction the ROW is
(31-12-104[1][a]).
Since all these devises, apparently,have not been precedentially court tested, it might be indicated that the
County attorney's office review the legal basis for same:
(1) County's authority to petition (not sell)away County ROWs.
(2)With flagpoling,the municipality's right to annex away,without County petitioning,County ROWs.
(3)The ultimate ownership of County ROWs; (a)the residents of the County, (b)the County, (c)the
county commissioners, (d)the adjacent property owners{ROW as an easement}.
Ve _ tnilyyo
, / tfi
John S. Folsom
PC: Weld County Attorney,Planning Services, Jeffrey Larson,Esq. commwcr
0 4,1 . CA (C o' & M 960797
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