Request for Council Action for 2003-39 REQUEST FOR COUNCIL ACTION

RESOLUTION: 2003-39

SUBJECT: A resolution finding petition for annexation of land to be in substantial compliance with Colorado Revised Statutes Section 31-12-107(1)

ADDRESS: 12825 West Colfax Avenue (see attached map)

RECOMMENDATION: Adopt the resolution.

SUMMARY AND BACKGROUND OF SUBJECT MATTER: A Petition for Annexation has been filed with the City Clerk requesting the City Council to consider annexation of the subject parcel. Once the Petition is filed, the state statute provides the City Clerk shall refer the Petition to the governing body as a communication. The governing body, "without undue delay, shall then take appropriate steps to determine if the Petition so filed is substantially in compliance with the C. R.S. 31-12-107(1)." If the Petition is found to be in substantial compliance with C.R.S. 31-12-107(1), then the procedures outlined in C.R.S. 31-12-107 through 31-12-110 shall then be followed. These procedures include notice, public hearing, and findings.

The determination of substantial compliance is a determination that the petition filed complies with the statutory requirements; however, the ultimate determination of whether the City Council desires to annex this property is not made until subsequent notice of public hearing is published and the public hearing is conducted by the City Council. The determination of substantial compliance does not commit the City Council to approve the annexation requested, but is the first step in the procedural process.

RESOLUTION ADOPTION DATE: June 9, 2003

ORIGINATED BY: Ms. Kimie Loeffler, Property Owner

STAFF PERSON RESPONSIBLE: Roger W. Noonan, City Attorney, 303-987-7451

DOCUMENTS ATTACHED: Resolution 2003-39
Petition for Annexation
Vicinity Map and Legal Description

SUBMITTED BY:
Roger Noonan, City Attorney

REVIEWED BY:
Joni Inman, Director Mayor and City Manager's Office
Michael J. Rock, City Manager