ANNEXATION - 1957

When Federal Heights was incorporated in 1940, the Town consisted of 160 acres platted into 57 tracts of land on the east side of Federal Boulevard between what is now 88^th Avenue and 96^th Avenue.  Over the next 31 years, Federal Heights would annex nine more tracts of land.

April 1955

Fifteen years after incorporation, the Federal Heights Town Board was approached about its first annexation.  A developer, Robert C. Frederick, said that he was contemplating purchasing property owned by Eugene Camenisch as well as some other property which was adjacent to the Town and said that he would like to have the Board consider a plan to annex the development in some way that would be advantageous to both parties. 

August 1956

On August 23, 1956, the Federal Heights Town Board held its first official discussion about annexation of the Monticello Project which included the Camenisch property which had been purchased by developer Robert Frederick in November 1955.   

Frederick asked if water from the Town of Federal Heights could be used temporarily in the show homes of the new development until water from Thornton would become available.

September 1956

On September 5, 1956, a petition for annexation for 200 acres of Monticello Heights, signed by a majority of landowners and electors of the land proposed to be annexed, was presented to the Town Board.

The developer, Robert Frederick, presented the Town Board with the benefits that would be realized by both parties if the annexation was approved.  He said that Monticello Heights had considered incorporating its own Town and that this annexation with Federal Heights would save the residents the cost of an annexation.  He added that Federal Heights would benefit because of the increased assessed valuation and more property taxes.  He said that Federal Heights would be able to connect into the sewerage system at Monticello Heights if the proposal was accepted by the Public Utilities Commission (PUC).  Federal Heights would also have eligibility for FHA and VA loans and be provided with two sources of water – from Thornton and Federal Heights. He added that both parties would benefit because the larger population would make it easier to devise a plan to provide more adequate fire protection for all involved.  At the September 5 meeting, the Board discussed grants that would provide 20% of the total cost of sewerage installations.  Though members of the Town Board expressed concerns about the grading for sewerage gravity fall north and south along Federal Boulevard if the Town connected to Monticello Heights sewerage system, Harvey C. Fensten, an engineer with Ripple and Howe, Inc., said that good fall existed from all points toward the east. 

On September 17, 1956, all members of the Town Board - Stuart Savery, Sterling Bartholomew, Creal Butters, Dorcie Gray, Robert Povich, Robert E. Foster, and William Sammons - were present at a special meeting to obtain legal advice about the annexation from Town Attorney David W. Sarvas.  Though the Veterans’ Administration had given approval to the annexation, the Federal Housing Authority had not yet given approval to the annexation which would qualify property loans in the annexed area.  The attorney advised that if the annexation was executed before January 1, 1957, the Town would be eligible to collect property taxes in 1957, but if it was not executed by then, the Town would have to wait two years to collect the taxes.

Attorney Sarvas reported that a County Commissioner had telephoned him and asked him to caution Federal Heights about joining the Monticello Heights sewerage district because drainage of the system could present a hazard to the Town.  Upon that advice, two Town Board members, Bartholomew and Butters, formed a committee to contact Thornton Water and Sewage Disposal to see about becoming a part of their sewer district rather than the Monticello Heights district.

The Board approved the use of its water supply and wondered, if the annexation was accomplished, if Public Service Company would make another effort to obtain a franchise for the power, light, and gas for the Town.

Trustee Foster brought up the subject of passing a mill levy for fire protection if the annexation was approved because of the need for more fire equipment and protection.  The suggestion was that the Monticello group would be assessed the additional mill levy even though they were within the Southwest Adams Fire district and paying taxes in that district.  An agreement would have to be executed between the Town of Federal Heights and the Federal Heights Volunteer Fire Department, two separate entities, so that all or most of the money obtained for fire protection would be passed on from the Town to the Volunteer Fire Department. 

It was suggested that Monticello Heights provide two access roads with blacktop to the new section of the Town at their expense and provide street signs as necessary.

Zoning was discussed.  Trustee Povich said that he thought that a substantial part of the present Town should be zoned for business and commercial use, especially along Federal Boulevard and the east-west arterial roadways.  He added he thought that the new part of the Town considered for annexation be zoned strictly residential.

October 1956

On October 8, 1956, a spokesman for the Monticello Project, Mr. Martichang, reported that the Federal Housing Authority in Washington, D.C. required all paperwork for the annexation be sent to them from the Town, rather than the developer, for final approval.

At the meeting, Attorney David Sarvas stated that the annexation could be withdrawn any time before the final reading of the petition to the Town Board.  After no objection to the petition, Ordinance No. 20 was introduced, read, amended and approved unanimously on first reading by the Town Board.

Mr. Fensten of the engineering firm, Ripple and Howe, reported that the petition of the Monticello project had been approved by the Public Utilities Commission for entrance of the annexation into the sewerage district of the Northwest Utilities Company.  Though the proposed annexation had been approved by the PUC, the original Town of Federal Heights had not yet received approval to enter into the district.

November 1956

Second reading of the annexation ordinance had been scheduled for November 5.  The ordinance hadn’t yet been published in the newspaper as required, and Attorney Sarvas advised that to meet publication requirements, the first reading of the ordinance from October 8 be rescinded, first reading of the ordinance be repeated at this meeting with publication for five weeks beginning this week, and second reading considered at the December meeting of the Board of Trustees.  This would ensure final adoption of the annexation ordinance before January 1, 1957 so that property taxes could be received from the annexed property in 1957 rather than waiting two years to collect in 1959.  The Town Board required Monticello Corporation to pay $500 to the Town which had a general fund budget of about $7,400, to defray the past, current and future costs that were incidental to the annexation. 

January 1957

On January 7, Robert Frederick, the Monticello Heights developer, was given permission by the Town Board to cut through a road going east off Federal Boulevard to the site of show houses that would be constructed by Manta, Inc.  Permission was given only for the roadway over which the Town had jurisdiction.

The original annexation ordinance, which was first read in November 1956, was rescinded and a new ordinance, Ordinance #20, was read at first reading at the January 7 meeting.  In order for the annexation to be finalized, the ordinance was published in the January 9, 1957, and January 16, 1957 editions of the Westminster Journal.

The Town Board required that the developer, Mr. Frederick, remit another $500 to the Town for the rising expenses of annexation. 

Frederick advised the Town Board that if Hollywood style curb and gutters were permissible and the Town could obtain deeds for five feet additional on proposed approach road to show houses, he would contract to put in those types of curbs and gutters at the time the road was to go in.  Property owners Kennedy and Povich agreed, Bartholomew would contact property owners Bradley and Kohler, and condemnation proceedings would be started on owner, Smith Estate.

Trustee Sammons asked Attorney Sarvas about board members’ representation on the Town Board once the property is annexed.  Sarvas advised the Board that the Town has the power now or later to divide into districts.

On January 14, county contour maps were studied showing importance of laying out the proposed area in such a way as to avoid flood conditions by installing proper curbs, gutters, check drains, channels, and storm sewers in the proposed annexation area.  A great deal of the drainage would go down Niver Creek, ultimately reaching Clear Creek.  Adams County had detailed plans to handle the increased drainage and County Surveyor, Ben Counter, advised the parties of the annexation that the parties being annexed would be held financially responsible for the drainage installations deemed necessary by the County at the lower end of the Niver at an estimated cost of about $50 per acre.  The Town Board was advised that if the annexation was not built according to County standards with grades and profiles, that the Town would likely be held liable for more costs later.  Monticello Heights will pay for the costs of a consulting engineer to be hired by the Town to check grades and contours as building progresses.

An amount of not less than eight percent of the land to be annexed was to be set aside for schools.  After annexation, Federal Heights would have land within two different school districts.  It would be determined which of the two districts would have the greater number of students within the town.  The eight percent set aside for school districts should take into consideration whether the acreage would be large enough for construction of a school, with the minimum acreage suggested by the County to be 29 acres.  If minimum acreage could not be met, it should be adjacent to Town land that could be supplemented so as to be of sufficient size to meet the minimal requirements.

Discussion was held about a deposit to be made to the Town for each home built to meet the County requirements for drainage at the lower end of the Niver in case the County should find the cost in excess of $60 per acre.

Monticello Heights suggested lot size of 70 x 110.  County Commissioner Eppiger thought this size was too small unless all county requirements were met on drainage needs.

On January 21, 1957, the Town Board held a special meeting to consider contractual arrangements for the annexation proposal.  Alan Coloroso, who owned property adjoining the proposed annexed property, told the Town Board that the property stakes bounding the north edge of his property had been dug up by the developer when they were preparing the road to the show homes.  He said the roadway came onto his property three feet and four inches and expressed concern that it could affect his plans to build on his property.  All parties agreed that the developer would install a sidewalk on this portion of Coloroso’s property and that it could then later be deeded to the Town.

The developer, Robert Frederick presented a plat which covered 80 acres of the proposed annexed property and on which improvements were to be immediately made.  He read the covenants aloud and asked that the plat be approved immediately so that he could obtain title insurance for the new proposed homes and start building the necessary approach road.  Town Attorney Sarvas advised that the Town Board not approve the plat until the second reading and approval of the annexation ordinance scheduled for February 4, 1957. 

The Board discussed a supplemental agreement to the annexation ordinance which included:  none of the roadways be constructed less than 50 feet in width; fire plugs, manhole covers, shut-off valves, etc., would be installed to conform to FHA and VA rulings which are supervised by the PUC; and no electricity or natural gas franchises would be granted unless approved by the Town Board.  Frederick told the Board that the amounted allotted by Monticello Heights for a school property had been changed to a better location for drainage and accessibility of students, about one-half mile from the farthest home for a child to get to school, minimizing the need for bus transportation.

Though Attorney Sarvas advised that the plat presented by Mr. Frederick at the January 21 meeting would not be binding if signed before the final reading of the ordinance, the Board approved and signed the plat.

February 1957

At the February 4, 1957 meeting, the Town Board allowed sale of water to a pre-mix concrete establishment during construction.

Attorney David Sarvas reviewed the supplementary agreement prepared for the proposed annexation.  Developer Robert Frederick asked if the agreement could be modified to permit the developer to recover the initial costs of tapping into the Northwest Utilities Company lines.  Sarvas responded that it depended upon Federal Heights being granted a water district right by the PUC.  Frederick advised the Town Board that roads and streets would be of a standard not less than those required by FHA, and that development plans called for a four-inch base coat of asphalt, minimum of two inches asphalt mat, sealer coat, and chip coat.  In the agreement, the Town imposed the right to make all agreements with utility companies desiring franchises to supply the Town as it would exist after annexation.

Trustee Creal Butters asked about sewer depths running east along 90^th Avenue from Federal Boulevard to Clay Street.  Frederick agreed to design the fall line running east and west along 90^th Avenue in that area in such a manner that it would operate by gravity flow, emptying into the main system of the Monticello Heights development.  The supplementary annexation agreement was approved by the Town Board and Ordinance No. 20 to annex “certain territory lying north and east of the present City limits to the Town of Federal Heights” was approved.

This article was in the March 7, 1957 Westminster Journal.