ANNEXATION


 
December 2, 2007:     Letter sent to Arma City Council
December 1, 2007:     Letter
to the Editor (Morning Sun) from Craig Stokes
December 1,2007:      Letter
to the Editor (Morning Sun) from Melvin Patrick  (unpublished)
November 30, 2007:
   190 residents and property owners signed the petition in oppostion to annexation (an overwhelming majority)
November 18, 2007:   Ad in Morning Sun:   Residents of Franklin & Arma Opposed to Annexation - Please stop by the Franklin Community Center to sign a petition opposing annexations.
November 12,2007:    Minutes of Special meeting of Arma City Council
November 5,2007:      Minutes
of Regular meeting of Arma City Council
November 2, 2007:
     Press Release issued: 

May 20, 2004:  Governor Kathleen Sebelius Vetoes House Bill 2774
2003
:    Governor Kathleen Sebelius Vetoes House Bills 2212 and 2288

Letter To the Arma City Council
(December 2, 2007)

 <>We respectfully request that you remove your consideration to annex Franklin from your negotiations with Ruggles & Bohm P.A.   We ask that you honor the wishes of the residents of Franklin as well as taking into the account the cost to the citizens of Arma.   Please consider the following: Craig Stokes, President 

Franklin Community Council, Inc.


Letter to the Editor
 (December 1, 2007)

Thanks to the Morning Sun for reporting on the issue of the annexation of Franklin.   Shortly after the tornado of 2003 there was some talk about this issue but we felt it had been put to rest due to the negative response from the residents in Franklin.  What a surprise to hear about it again through the newspaper.  While I do realize that the Crawford County Commission is the governing body of Franklin it has been quite obvious for the past 4 years that the non-profit organization (Franklin Community Council, Inc) was formed to ensure that the community would be rebuilt and we have continued to work to accomplish that  task.  We have worked with the Crawford County Commission and other organizations throughout the county.    

<>We have accomplished many goals in the past 4 years which include the  new Franklin Community Center, the Franklin Community Park and  a welcome area with an outstanding “Welcome to Franklin” sign.  Events are held weekly in the community which brings together residents who reside throughout the county.    Just past week our veterans event was once again “Standing Room Only” as veterans from the entire county were honored.   Performers, volunteers, speakers and others came from many communities.   Franklin has always appreciated those wonderful citizens throughout Crawford County who have helped us in a variety of ways.    At the veterans event Anne Emerson who is the Community Director of Senator Sam Brownback spoke with Congresswoman Nancy Boyda and told her about what a unique community we are.   She spoke of how we did not sit and wait for the government to send help but instead banded together to work for the betterment of the community.    

We have far reaching plans for the community which do not include annexation to Arma.  Just as a common courtesy it would have seemed appropriate for the Arma City Council to contact the residents of Franklin to see what their opinion would be on annexation.   It is public information that FCCI meets monthly at the community center.  The members of the Board of Directors of FCCI are well known throughout the county and any of us are available at any time to set up a special meeting or discuss the issue.   We are very disappointed that the Arma City Council has chosen to bring this issue to the forefront once again without even discussing it with the citizens of Franklin.

FCCI will continue to work towards reaching our goals and to do what is in the best interest of the residents.    Many of them have depended on us and we will not let them down.   We will stay the course of our planned actions and not be deterred by underhanded means of overtaking this community. 

We invite all residents and any other interested parties to our monthly board meeting at the Franklin Community Center, December 2, 4 pm.

<>R. Craig Stokes, President

Franklin Community Council,Inc.

Letter to the Editor
(December 1,2007)  Unpublished

Letter to the Editor:

To Mayor Carl Wicker, Arma City Council and Residents of Arma:

How much is Arma willing to spend to get between 60 and 70 families from Franklin into their city limits?  Most of the families are widows, retired or disabled.   If we should be annexed we would expect the same services that Arma residents have.  

 <>Arma has fire and police protection and we would expect the same.  Although Franklin has just put in new 4 inch water mains for drinking and washing purposes we would expect fire plugs just like Arma which would require Arma to put in all new lines since it requires a 6 inch line for the fire hydrants.   They would need an extra fire truck and it seems apparent they can’t even build a building to keep control of the Rural Fire Department they have available now.   <>

Most of the lights in Franklin now are individually owned and paid for by private citizens.   Adding to the cost of utilities in Arma we would need street lights on every block in Franklin.  To protect the area of Franklin they would also need 1 or 2 more police cars.   <>

The main cost would be the sewer.  The money for the Franklin Sewer would probably have to be returned if we are annexed and Arma would have to start another application because I understand it is not transferable.  This means an added expense would be the sewer for all of Franklin.   <>

Most of the streets are one lane and not wide enough.  Only 3 or 4 streets are wide enough for 2 cars.   This would require the city of Arma to lay new streets in Franklin.  <>

People of Arma and the City Council figure they can afford several million dollars for 60-70 families.  It would take at least 20 to 30 years for this amount to be paid by the people of Franklin.  <>

We have waited over 10 years for the sewer.  It seems to me that the commission has neglected to do anything.  Easements were done by local residents.   <>

We wonder if Arma can invest several million dollars to improve Franklin so we will have the same facilities as Arma.  Since we’ll be paying the same taxes we deserve the same services as what Arma has now.   <>

To me it doesn’t seem feasible until they get their own problems solved in Arma.  It is my opinion that would be an awful lot of money to spend considering who has a wild hair in his behind.  I don’t think it could be a very quick process because the majority of people in Franklin are against it and always have been.  <>

I think it was also stupid to come out in the paper every 6 months for someone back east to tell you how to annex property.  It seems it should be stopped and nipped in the bud.  This every six months is for the birds       <>

Melvin Patrick
212 S. Church St.
Franklin, Ks. 66735

Minutes of Special Meeting by Arma City Council (November 12, 2007)

SPECIAL MEETING

NOVEMBER 12, 2007

A Special meeting was called on Nov. 12th beginning at 4:00 p.m. to discuss the possibility of annexing the community of Franklin, Kansas and what details would be required for the City of Arma to move forward with this issue. 

<>The meeting was called to order by City Council member Rock Anderson. The Pledge of Allegiance was stated. Roll was taken and the Mayor, Karl Wicker was not present at the beginning of the meeting but did join the Board at 4:30 p.m. Council member Don Zornes was absent.

Planning Administrator, David Yearout who is employed with Ruggles & Bohm P.A. was present to speak to the City Council about the process of annexing Franklin into the City of Arma. Ron McKee asked David several questions, first where or not the Council can annex a road. David told Ron that roads can not be annexed to connect one entity to another. David explained to the Council that there is two ways to annex. One is if the City is bordering the property which Arma is not per the State KSA regulation. The second means is to proceed as KSA 12-521 allows, which is a unilateral process.  The Council received the status on annexing land from David, (KSA 12-519, 12-520, 12-520a, 12-520b, 12-521 through 12-538) so that they may review the laws that must be followed. David also handed out an aerial map so that the Council could review what area they would like to start with boundary lines. Mike McLeod, City and Co. Fire Chief told the group that they may want to consider placing the boundary to 610th Ave. since this is where the 246 School district begins. The question on the current sewer grant with Franklin was brought up. David told the Council that the grant is with the County Commissioner not the community of Franklin and that once the annexation process begins one of the issues to deal with will be to discuss this matter with the County Commissioner to make sure that they will follow through with the approved sewer grant. The Council was informed that David would not be able to join them at their next regular business meeting on the 19th; however Tom Ruggles or Chris Bohm would be able to attend. Ron McKee then made the motion to have Ruggles and Bohm P.A. present an annexation plan to the City Council during their next business meeting on Nov. 19th. Jeff Locke seconds the motion. The motion was approved.

Ron McKee made the motion to adjourn the meeting at 4:55 p.m. Rock Anderson seconds the motion. The motion was approved.

  <>(KSA Status included with minutes)  <> 

_________________________

Bette Lessen, City Clerk

Minutes of  Arma City Council Meeting November 5,2007
(contains only section with reference to Franklin)

REGULAR BUSINESS MEETING

<>NOVEMBER 5, 2007
<>
<> 

The Mayor, Karl Wicker opened the meeting at 7:00 p.m. The Pledge of Allegiance was stated. Roll was taken and Don Zornes was absent due to illness. The minutes from the previous meeting were presented. Jeff Locke made the motion to accept and John Logiudici seconds the motion. The motion was approved. Finance Officer, Jeff Locke presented Appropriation Ordinance #10. Jeff made the motion to approve Appropriation Ordinance #10 and Rock Anderson seconds the motion. The motion was approved. The Mayor presented the evenings agenda. Under UNFINISHED BUSINESS the following item was added. Item C), Pooling Electric Service. Jeff Locke made the motion to accept the revised agenda and John Logiudici seconds the motion. The motion was approved.

 <>A)  ANNEXATION REPORT

Karl Wicker reported that he had not spoken to Ken Shetlar and is still waiting for the feasibility report. Issue was tabled.

Ron McKee handed out a map with boundaries drawn to the south of Arma that Ron would like to see annexed into the City limits.  Ron made the motion to begin the process of identifying the appropriate boundaries of the unincorporated community of Franklin, Kansas for annexation into the city limits of Arma, Kansas. Rock Anderson seconds the motion. The motion was approved.

________________________________

Bette Lessen, City Clerk

  <>
<> Press Release Issued
<> (November 2,2007)
<>
<>Franklin Community Council, Inc. continues to move ahead with their strategic plan for rebuilding the community.   Those plans do not include being annexed into the city of Arma.   We have not been notified by Arma City Council nor have they contacted us about their plans for annexation.   FCCI will hold its monthly board meeting December 2 at 4 pm at the Franklin Community Center.  A discussion regarding annexation will be on the agenda.  The meeting is open to the public and all are invited and encouraged to attend.  

 May 20,  2004

Governor Signs Bills; Vetoes SB 376, HB 2774, HB 2624

Governor Kathleen Sebelius signed ten bills into law and vetoed SB 376, HB 2774, and HB 2624.

Veto Message for HB 2774: Annexation

“Pursuant to Article 2, §14 of the Constitution of the State of Kansas, I veto HB 2774. HB 2774 would significantly alter the annexation laws in Shawnee and Sedgwick counties by creating a new review board process to determine if a proposed annexation should be approved.

“Although I am sympathetic to the concerns of the citizens who supported this bill, I believe as a matter of public policy that all cities and counties in the State of Kansas should follow the same rules, especially for annexation. It is a belief that I have held since my days as a member of the House of Representatives.

“As with 2003 HB 2212, which I vetoed last year, HB 2774 is non-uniform in its application to cities and counties, and is therefore subject to serious constitutional challenge. In my veto message of 2003 HB 2212, I stated that a challenge should be considered for the special annexation legislation passed for Shawnee County in 1987. The City of Topeka is currently litigating this issue. I hope this case clarifies the constitutional limits of annexation legislation. If it does, then perhaps an acceptable bill can be drafted during next year’s legislative session.”


<>
2003

Governor Kathleen Sebelius Vetoes House Bills 2212 and 2288

Kansas Governor Kathleen Sebelius vetoed two bills today, House Bill 2212 and House Bill 2288.

In vetoing HB 2212, she released the following message:

ÒHB 2212 creates a set of standards for annexation in Shawnee County while not enforcing those same standards on all counties in Kansas. Similar legislation was passed in 1987, and as a member of the House of Representatives, I did not support that legislation. I believe that all cities and counties in the State of Kansas should follow the same rules, especially when it comes to issues of annexation. For this reason, I veto HB 2212. Due to the fact that HB 2212 would only be applicable to one county, it is likely to be found unconstitutional. I believe a challenge should be considered for the law passed in 1987.Ó

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