HomeMy WebLinkAboutRESOLUTION 09-95RESOLUTION NO.9-95
WHEREAS,extended discussions have taken place over the years
concerning expanding the Town limits to include the entire Estes
Valley;and
WHEREAS,the potential costs of providing services to
residential annexations far outweigh the expected revenue from
property taxes;and
WHEREAS,the Town recognizes the importance of all residents
of the Estes Valley being able to participate in their local
government;and
WHEREAS,the Town believes that an orderly process of future
residential annexations will avoid costly duplication of services,
provide a higher quality of life,and provide for the general
health and safety of both existing and future Town residents.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK,COLORADO:
The Board hereby adopts the following Residential Annexation Policy
for existing subdivisions:
1.GENERAL:The Town intends to take a reactive
position with regard to residential annexations of
existing subdivisions;i.e.,it will react to
desires for annexation by existing subdivision
residents,but will not aggressively seek
annexation of existing subdivisions.The
Homeowner’s Association or other representatives of
the residents of existing subdivisions desiring
annexation will be expected to meet with Town staff
to obtain information of possible annexation,
circulate petitions,hold informational meetings,
and keep other residents informed of the progress
of the annexation.
2.MEMORANDUM OF UNDERSTANDING:Prior to annexation,
the residents of the proposed annexation and the
Town will sign a Memorandum of Understanding to set
forth the understandings of the parties with regard
to the annexation.Issues to be discussed in the
Memorandum include,but are not limited to,
proposed zoning and land use,building permits and
inspections,street right—of—way and geometry,
paving,and maintenance,water,electricity,
property taxes,use tax,police services,street
lighting,and miscellaneous.
3.ANNEXATION MAPS,PETITIONS,AND LEGAL WORK:
Subject to the Memorandum of Understanding
referenced in Paragraph 2 above,the Town will pay
the engineering and legal costs of preparing the
annexation maps and petitions necessary to meet the
terms and conditions of the “Municipal Annexation
Act of 1965.”
4.STREET RIGHT-OF—WAY:The street right-of-way will
be dedicated to the Town pursuant to the annexation
process.If existing street right—of-way is
undedicated,or does not meet adopted Town
standards,the Town will require formal dedication
of sufficient right—of-way,at no cost to the Town,
to meet said standards,or as specified in the
Memorandum of Understanding.
5.STREET CONSTRUCTION AND MAINTENANCE:If the
construction of the existing street system in the
proposed annexation does not meet adopted Town
standards at the time of annexation,maintenance of
the existing street system will continue to be
performed by the property owners after annexation.
Once the streets are brought to Town standards
through formation and financing of a Special
Improvement District or by other means,the Town
will assume responsibility for all maintenance
work,including snow removal,asphalt patching,and
overlay,and will perform such maintenance in
accordance with the regular street maintenance
programs of the Town.
6.WATER LINES:As detailed in the Memorandum of
Understanding,extension of water mains to the
proposed annexation or purchase of existing water
systems shall be in accordance with Resolution
19—91,adopted by the Town Board on September 24,
1991.Maintenance of existing water systems that do
not meet Town standards will continue to be
performed by the property owners following
annexation.Once the water lines are brought to
Town standards through formation of a Special
Improvement District or by other means,the Town
will assume maintenance responsibilities.
7.SPECIAL IMPROVEMENT DISTRICTS:Subject to the
Memorandum of Understanding,the Town will pay the
legal costs and staff time for formation of a
Special Improvement District (SID)for design and
construction of streets,water lines,or any other
public improvement required by the Memorandum.The
Town will pay one-half of the asphalt portion of
the paving costs,subject to the Memorandum of
Understanding and the availability of funds for
this purpose within the Town’s normal budget
process.The property owners are responsible for
all remaining costs,including surveying,
preliminary design,final design,construction,and
construction inspection and management,as
determined during the formation of the SID.
INTRODUCED,READ AND PASSED THIS
______
DAY OF
_______________
1995.
TOWN OF ESTES PARK
By________
ATTEST:Mayo
I ‘1.)
Town Clerk