HomeMy WebLinkAboutHIGHWAY I-25 FIRST ANNEXATION & ZONING - 104-88, A - CORRESPONDENCE - OTHER JURISDICTIONS (2)DEPARTMENT OF HIGHWAYS STATE OF COLORADO
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4201 East Arkansas Ave.
Denver, Colorado 80222
(303) 757-9011 Y �
�° °-`•
February 23, 1987
Mr. Gerald E. Dahl
General Counsel
Colorado Municipal League
1500 Grant Street, Suite 200
Denver, CO 80203
Re: CDOH Procedural Directive No. 1303.1,
dated l/l/84
Dear Mr. Dahl:
MAR 16 1987
U T UT]L-S DEPT
In response to your inquiry of February 4, 1987, please be
advised that the above referenced directive (copy attached) is
current. I am advised that Ken Barnes, of Colorado Deflartment of
Highways, Staff Right of Way Branch, had responded by telephone on
February 10, 1987 with the information also.
If we can assist with further questions on this matter, please
contact Yen Barnes at 757-9358.
Sincerely,
�1
ROBERT L. CLE':'ENGER
Chief Engineer
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APPLICABLE
SUBJECT
ANNEXATION OF DEPART:fE:IT
DIVISION
NUMBER
LAND TO CITY
OR TO[��N
1303.1
EFFECTIVE SUPERSEDES FOAZ�I�NIATING OFFICE1 /6/84 None
DISTRIBUTION
ff Right of
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PURPOSE:
To establish uniform procedures relative
to petitioning a
town or city for
annexation.
AUTHORITY:
Section 43-1-106 and 43-1-107, C.R.S. 1973, as amended
Sections 31-12-101 through 31-12-122. C.R.S. 1973, as amended
APPLICABILITY:
This directive applies to the Colorado Department of Highways including all
Administrations, Districts, Divisions, and subdivisions thereof.
RAC rPnTTun-
Many instances arise wherein it is desirable and/or necessary to annec certain
real property owned by the Department. The most typical situations involve:
C 1. Providing police and fire protection, water and sewer services
2. Clearing up jurisdictional questions
3. Allowing other property owners to qualify for annexation by the
municipality
The following procedures are provided to assist Department personnel involved
with either type of annexation request.
PROCEDURE:
A) When the Department seeks to have real property annexed, the appropriate
District will be responsible for preparing the description, maps, circulator
affidavits, and petition in a manner acceptable to the annexing authority.
An area is eligible for annexation if at least one -sixth (1/6) of
the perimeter of the real property to be annexed is contiguous with the
municipal boundaries.
Once the District has prepared an annexation petition, description
of the property to be annexed, appropriate maps, and circulator affidavits
satisfactory to the annexing municipality, said petition package shall be
submitted to the Staff Right of Way rlana�r for review. The availability
of water and sewer services before and after the proposed annexation, as
applicable, shall be described. Staff Right of Way will then submit the -
petition package to the Chief Engineer along with their recommendation.
The Chief.Engineer or his designee will decide on the annexation request
and sign or not sign the petition. The package will then be returned to
Staff Right of Way for distribution or further action if required.
PAGE 1 OF I
SUBJECT
ANNEXATION OF DEPART:IENT LAND TO CITY OR TOWN
NUMBER
1303.1
The Department will not be subject to taxes or assessments by special
improvement districts.
The issuing authority on access matters shall be identified, and all
access considerations shall be resolved pursuant to C.R.S. 1973, 42-2-147(5)(a)
as amended, and the State Highway Access Code 2 CCR 601-1.
The District will be responsible for any fees due the annexing
municipality.
B) When a municipality requests annexation of Department real property, the
District should require that the municipality prepare the petition pack-
age for signature of the Chief Engineer. The District will be responsible
for checking the accuracy of the map and description.
The District shall require a letter from the municipality outlining
the reasons for the annexation and affirming that the action is not being
taken for the sole purpose of acquiring any jurisdiction or authority over
any private properties. If the municipality is seeking to annex private
properties once the Department's property has been annexed, the District
shall require the municipality to furnish proof that the private rroperty
owners agree to being annexed.
Once the requirements above have been satisfied, the District shall
forward the petition package to the Staff Right of Way tanager with its
recommendation, including information concerning water, sewer, and special
improvement districts as described in paragraph
Staff Right of Way will review and forward to the Chief Engineer as
in Part A.
C) The Department will not ordinarily be a signatory to a Petition for
Annexation Election.
D) On most annexations the District shall:
11 RQ�t�irc t},c m„ri.+:nal i to to `nnov tho F,_1l t.tirat}� �`
the right of way
2) Require the municipality to assume the responsibility for
all traffic law enforcement within the annexed area
3) Not consider an annexation petition unless the muncipality
already borders at least one side of the Department's
property
4) Study the present and future needs of the Department to
determine if the annexation will be in the best interest of the Department.
Nothing in this Directive is intended to conflict with the provisions
Of Sections 31-12-101 through 31-12-122, C.R.S. 1973, as amended.
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