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

•  A petition that was presented to the city council which clearly stated a majority of Franklin residents were in opposition to the idea of annexation.
•  The petition was taken in a 3 day period and if a formal petition were to be taken over a longer period of time the majority would be greater.
•  Residents of Franklin are provided services necessary for their quality of life.
•  Living in Franklin was a choice made by the residents who do not wish to live in an incorporated city.
•  Franklin has a long sense of history and commitment to their community which is evidenced by the support of past and present residents.
•  Taxes would most certainly need to be raised in order to provide the services that have been suggested.  The tax levy in Franklin is currently lower than the tax levy for Arma.
•  Utility rates would increase due to Arma’s “middleman” with the electric company.
•  The Crawford County Commission has done an excellent job of providing services for Franklin.
•  Residents of Franklin are not interested in any offers to be annexed by any other community.
•  The tornado of 2003 seemed to destroy the community of Franklin. Through years of dedication and hard work by the residents of Franklin and citizens throughout the County the community has been resurrected.   Franklin does not wish to have the community taken away again.
•  While promises have been made that the community could keep its identity and name we are not interested in being ruled by the governing body of Arma or any other area city.
•  FCCI has made a commitment to the residents of Franklin to ensure a bright future for the community and we will continue with our strategic plans for growth. Those plans do not include annexation to any city.

Franklin Community Council, Inc.

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 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.

Franklin Community Council,Inc.

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.  

SPECIAL MEETING

NOVEMBER 12, 2007

A Special meeting was called on Nov. 12^th 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. 

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 610^th 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 19^th; 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. 19^th. 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.

_________________________

Bette Lessen, City Clerk

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

REGULAR BUSINESS MEETING

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.

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

 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.”

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