HomeMy WebLinkAbout970410.tiffNOTICE
TO: WELD COUNTY BOARD OF COUNTY COMISSIONERS
P.O. BOX 758
GREELEY, CO 80632
FROM: TOWN OF JOHNSTOWN
SUBJECT: MOTION FOR RECONSIDERATION CONCERNING THE "HART FARM
ANNEXATION"
Please be advised that on the date of February 3, 1997, at its
regular Town Board meeting to be held at 7:00 o'clock p.m. at 101
Charlotte Street, Johnstown, Colorado, the Town Board of Trustees
will hear the MOTION FOR RECONSIDERATION filed by the Board of
Trustees of the Town of Berthoud concerning the Hart Farm
Annexation of the Town of Johnstown, at which time and place, you
may be present if you so desire, and Town Board will receive any
evidence and arguments concerning the MOTION FOR RECONSIDERATION,
a copy of which is attached to this Notice for your reference.
DATED THIS 21st day of January, 1997.
TOWN OF JOHNSTOWN
Town Clerk, Diane Seele
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of
the foregoing NOTICE was mailed this 3i ( day of ),THL,,,, L;, ,-? .; , r ,
1997, first class mail, postage prepaid, and by ce4Lified mail to:
Weld County Board of County Comissioners
P.O. Box 758
Greeley, CO 80632
waiL2 . aturn
Ptru«11,Cyzelt)
bet or/27/97
(� PL; go) GHJ 11LJ 3UJ CM 970410
• J(V JVf.-V1Yy VUIIIYJ IUWIV-lll1._L
TOWN OF BERTHOUD
328 MASSACHUSETTS AVENUE - P.O. BOX 1229
BERTHOUD, COLORADO 80513
,o‘ N HALL
32-3663
January 8, 1997
TO. Board of Trustees of Town of Johnstown
FROM: Board of Trustees of, Town. of Berthoud
POLICE DEPARTMENT
(970j 532-26!'.
MOTION FOR RECONSIDERATION
Pursuant to Section giatt6„ p.R.S., the Town of Berthoud is hereby filing
with the Town of Johnstovyntth[ g q t1•for Reconsideration of the annexations known
collectively as "The Hart Farm, A4pnexabon". It is the Town of Berthoud's position that
the following statutory requirements *0M not met by the Town of Johnstown in
processing these annexations:
1. 31-12-104(1)(a and b),,C,R,S„ require that not less than 1/6 of the
perimeter of the area proposect4q 0.e annexed be contiguous with the annexing
municipality; ang, that a cp tp, y f interest exist between the area proposed to be
annexed and the annexing myr pality; and, that said area is urban or will be
urbanized in the near future;, •that Raid area is integrated with or is capable of
being integrated with theva,np , Ttunipippiity. With respect to each of the five
annexations which; too„plfi o it,dipliot sustain its burden of complying
with these requirementsYIl rye)cetions.are not in compliance with Article 2,
Section 30 of the.ColoradO Constitution.
2. 31-1219741
require that.landgyr
the petition for annex04y
was "signed". The, repo D,
Colorado Department of TX8,051
l? 2, 3eotio,n 30 of the Colorado Constitution,
if,9h of the areas being annexed sign
. t9, n}rpber 5 involving Martin Oil's property
tion hearing specifically reflects that the
on,refused,to sign any of the annexation
1
Both the annexation petition and annexation r r
o;.ations are being processed based upon the :eerie -ire
Ti-12-1o7(1)(c)(1V), C.R. ., requires that each petition fo
cy the landowners. Subsection 7 requires that the signers for a c orp rat
ne persons as those authorized to convey land for the corporation The
ntyiy
-erring documents the fact that no corporate resolutlen lry f Lund
on appropriate Power of Attorney executed prior to Novell -awe
;zed Stephen A. McLaughlin to sign the petition t
There were no signed petitions for annoxst
iny
•,�, ! exations.
31-12-107(1)(c)(VII), Q& requires that there cc: a legal do ` HPtr'PP
owned by each of the signers on the petition for annexations- The petitior e'
e to comply with this requirement.
Sections 14(b) and 14(c) of the petition for annex non lace en,
And conditions on the annexation beyond the to
tatutes. At the annexation hearing the petition
J upon the annexation and also agreed to sign the annexation agreemPim,
ion of annexation. Section 31-12-112(1), C.R S
tree en, eiiireee
eei:,on be called and conducted whenever additional terms aced conditions
,o.sed upon the area being annexed.
3'1-12-108(2), C.R.S., requires that a copy of one pu'b'lished n nr r.
a copy of the resolution and petition as filed shall or c y re'inter '
clerk of the Board of County Commissioners and the C Altorrcay'`
_,nty. The December 4, 1996 certificate of delivery documents the fact
resolution nor the petition were sent to the Commissioners and amore ,y
tor
xLrity. This section also requires these documents be se by' ru`jlst` r e
r::ecial districts or school districts. The Town failed to notify ell applicable sireieei
',niricts by registered mail.
7. 31-12-108.5, c,.R_S., requires maps of the municipality to be included H,
Thepresent and proposed bound r i s of
;,ea:ation impact report which show: (I) the present ;,, ,.,
municipality in the vicinity of the proposed annexation; (II)
ejor trunk water mains, sewer interceptors and outfalls, other utility lines
itches, and the proposed extension of such streets and and utility lines in tee
:l
(Ill) the existing and proper e ' `°c ' ;tr`
of any draft or any tinusc'- n X..tiKs ,P
„�osad annexation;
(b) a copy :.amy
te, 'e r annexed; P
t�aternent setting forth the method under which, " '
,,cn;i01 at municipal services. These docuntH
as required. The compliance with (1) v: --
provided by the Re -5J School Cil_-t,
sacs student. It is significant that the 1091,
n the R2 -J School District were estimated tr..)
p(v school student, $12,600 for each middi
(;;hoot student.
C.R.S., requires that',p1 is
:31-'',2-105(1)(e),
Hiles of the current munic
oal boundane::
rtp ehe nsfv"
�� place comparable toa
ssuires that the plan be updated at least one
e tss
fect that complies with the statute. Johnstown
.ctive November 2, 1981 and has not been subseor flirt '" `'I-
nin9 Commission.
9. By the petitioner's own admissions the five lei ?t'
nsiown's Master Plan. Consistently throughout
that t.
•amts and future land concepts
l: nd use map as Stage 2 would dev
-loonaent in Stage 1 was complete (Johnstown
•ssa)pment was to take place in the three mile aces desighsr
-, Stacie 2. The intent of this was to "enr <xif..t.srs, urbdn growth
.*:4sent in areas adjacent to existing deyekt)hh. tc.
Lt
i1 n.
stown's Master Plan discussion of Johnstown.*
10. Ordinances which takerequirements
ctments4nmec{iu : ',
-
-�r.nlication, must comply wi
aTri or safety reasons are to be set forth h t o e
t - ,nstown's ordinance failed to comply
,rdinance take effect immediately.
the Board of Trustees of the Town of Berthoud e c x` he Board of Trustees of the Town of Johnstown reconsider the 1,vo unnat;
yzmerally referred to as The Hart Farm Annexation and to nullify The I 1,a'
ttnnaxation. At this juncture, the Board of Trustees stih bekCV S t`'
i��'�i�'ili�:i1?•• '
negotiate a mutually benefit;iai Hlti1 ..J: •, i,ti,.;.;ac'�<<• .
:c;.:°c: oioiado Highways 56 an i 60. silo,:•:,. c!��t.ic..a0
;-'n; edjthat the o Court of deve ? . ;i li-,�_ ::,,!i�-y: i<<.
•
�, Colorad r tiof <<,:... ...
• t note does not protect zoning o t, IPTt' r t (x lnt r
• } id. ( ., oe Count ommission91s ._ _:..f sc 'i ..,. k_i_at... ,
r 'io;d. (Board of Co 1991.) Thus, :'�;`= Col. App
�•� �.2d 793 ( would be inadvisable
;;�_lood, 8f'3 Annexation
. •;�;i�!ision of the Hart Ann
:,aspertitilly submitted this 8th day of January.
(chard
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