HomeMy WebLinkAbout960355.tiff 4' =LD COLT TY
7050 Loma Linda Ct.
Longmont CO 80504
303 833 2992 t;``/ FF r' 4 El 3: 16
February 14, 1996
CLERK
Board of County Commissioners TO T H7 EC',`
915 10 Street
Greeley CO 80632
Subject: Dollaghan Annexation to Town of Firestone:
Issues regarding annexation procedure
Dear Ladies and Gentlemen Commissioners:
I appreciate the reception given my comments at your meeting this morning.
I wish to bring to your attention aspects of the Dollaghan annexation process,specifically relating to the
statutory requirements of the Annexation Impact Report,which I don't believe conform to said
requirements. I do this to further support the need to file with the Town of Firestone a"Motion for
Reconsideration" in addition to theother issue of the legalities of poling and flagpoling. The information
provided below is based on the best of which I am aware of at this time.
Annexation Impact Report,Town of Firestone,dated November 24, 1995
Item by Item criticism of compliance with CRS 31-12-108.5 requirements.
(1)(a)(I)Complies, showing relation of Town to area to be annexed.
(1)(a)(II)As far as I can ascertain no map was sent to the Board of County Commissioners showing"The
present streets, major trunk water mains, sewer interceptors and outfalls,other utility lines and ditches,
and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation" as
required by the statute.
(I)(a)(III)No maps were sent showing"The existing and proposed land use pattern in the areas to be
annexed"as required.
(1)(b)As far as I know,no copy of a preannexation agreement was sent to the Board as required.
(1)(c)I don't consider only the naming of the entities from which municipal services are proposed to be
drawn as a"statement setting forth the plans of the municipality for extending to or otherwise providing
for,within the area to be annexed,municipal services performed by or on behalf of the municipality at the
time of annexation."as fulfilling the statutory requirement.
(1)(d) The statute requires that in the Annexation Impact Report there shall be"A statement setting forth
the method under which the municipality plans to finance the extension of the municipal services into the
area to be annexed". The Town's response to this in its Report requirement is"Financing the municipal
services within the area to be annexed will be addressed in an annexation agreement between the
applicant and the Town of Firestone. A copy of the pending annexation agreement between the property
owners and the Town can be made available to the County when completed."My concept of this situation
is that the financing is to beaddressed in the Annexation Impact Report,not at the Town's leisure.
The Father,the Annexation Agreement,as passed on February 8, 1996,does not address the financing
of any cost impacts to Districts(fire,sewer,),Weld County(roads)or utilities and does not specifically
determine what expenses ultimately will financed by the Town.
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(I)(e) Partially complies in that it lists some existiing districts,but does not mention the Casagrande-
Enchanted Hills special improvement district.
(1)(t)The statute requires"A statement on the effect of annexation upon local-public school district
systems,including the estimated number of students generated and the capital construction required to
educate such students."Firesone's Report states"It is not anticipated that the annexation will significantly
affect the local public school district system. As development may occur,specific development plans will
be submitted to the school district for their review and comment." Again, statutory requirements have not
been complied with and a"when we are ready"posture is assumed by the Town. The Frederick schools
are near capacity using temporary facilities for some students now.
To judge from the above,theTown has not complied with the statutory requirements in its Annexation
Impact Report except to identify where the Town and the area to be annexed are on a map and identify
some service districts.
Full compliance with the statutes requirements is required"at least twenty five days before the date of the
hearing" --for hearing referred to, see 31-12-108 not at the Town's Discretion..
I am sending this information in the hope it will further support cause for the Board to issue a"Motion
For Reconsideration"to the Town of Firestone relating to the Dollaghan Annexation. This,in addition to
the poling and flagpoling issues raised in my letter of February 1, 1996.
Thanking you for your attention to this matter,I remain,
Very truly yours,
John S.Folsom
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