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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. 0 0 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 0 0