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HomeMy WebLinkAbout960944.tiff ! 3 ,i c' 7 CI E;';{ DATE: May 8, 1996 j,_ TO: Weld County Commissioners Weld County Attorney's Office Weld County School District Six Western Hills Fire District Weld Library District North Weld County Water District Northern Colorado Water Conservancy District Aims Community College FROM: Betsy D. Holder,Greeley City Clerk r SUBJECT: Weld County Business Park-Amendment I Annexation The City of Greeley City Council has received a petition for annexation of property generally located between 11th and 23rd Avenues, north of the Poudre River. A public hearing will be held to determine whether the property is eligible for annexation, and this hearing has been scheduled for June 18, 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: June 18, 1996 * 7:30 p.m. City Council Chambers Public Safety Building 919 Seventh Street Greeley, Colorado Please note: This public hearing was initially scheduled for May 7, 1996 and has� been rescheduled for June 18, 1996. � Gtc" u1eer 960944 / ,29,1 'O�/9b (Montt �; PL Pui. (79• Via; (1/1-1 CITY OF GREELEY, COLORADO RESOLUTION NO. 15 , 1996 A RESOLUTION CONCERNING WELD COUNTY BUSINESS PARK P.U.D. AMENDMENT #1 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, Weld County submitted an annexation petition to the City of Greeley on March 18, 1996 for annexation of property located between 11th and 23rd Avenues, north of the Poudre River; and WHEREAS, City of Greeley staff has found substantial compliance of the annexation petition in conformance with § 31-12-101, et seq; and WHEREAS, § 31-12-108, 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 §§ 31-12-104 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 June 18, 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 7th day of May , 1996. ATTEST: THE CITY OF GREELEY, COLORADO V City C k yor 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 "WELD COUNTY BUSINESS PARK - AMENDMENT ONE" annexation and is located generally between 11th and 23rd Avenues, north of the Poudre River. The hearing shall be held on June 18, 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 8th day of May, 1996 Betsy D. Holder City Clerk PETITION FOR ANNEXATION RECEIVED Weld County Business MAR 2 - 1996 Park — Amendment 1 ANNEXATION CITY CLERKS OFFICE 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, " Weld Count Bug-, PqG Par - Amendment 1 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. 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 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, 960377 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 3745-136 (3.6) C.R.S. Land owner(s) acknowledge(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. Land Owner(s) Name(s) and Signature(s) Mailing Address Date of Signing County of Weld. Barpara J. Kirkmeyer. Chair P.Q. Box 758. CreelPy CO 1/6/96 �rr-�� f 80632/ ., &feuitya1/4_, ff „�,ulnmi",h ,$Z' . ':The f�orreggn§. signature(s) was/were subscribed and sworn to before me this 6th day of ` Npp Marc&1' ' S , 19 96 , by Witickstfily h ld and official seal. VA O c c:, % ."•••••". QP\'`�`' I l lS1 JLLMyexpiresThY COMMISSION EXPIRES MARCH 4, 1997 commission Notary Publ Land Owned See attached leeal description If necessary, attach separate sheet. AFFll)AVTT OF CIRCULATOR STATE OF COLORADO ) ) ss. COUNTY OF WELD ) Donald D. Warden being first duly sworn, states upon oath that he/she is the circulator of the petition to which this Affidavit is attached and knows of his/her own knowledge that the signature of each land owner appearing on said petition is the signature of the person whose name it purpo It to be. / `O (S g ture of Circulator) The foregoing Affidavit was subscribed and sworn to before me this 6th day of March , 19L, by no.,ald rL Tam=p idiess my haib kd official seal. NOTARY ` BlX COMMISSION EXPIRES MARCH 4 1991 !vly.cpfnei6 ►expires '''''ems e�On u O OQ```` / Notary Publi Hello