HomeMy WebLinkAbout960944.tiff ! 3 ,i c' 7
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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.
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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
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':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.
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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.
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(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
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