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HomeMy WebLinkAboutordinance.council.054-88 S I L','I.~ DAVIS ORDZ~ANCE NO. 54 (Series of 1988) DEC 33 ;~_ 07 ~'it AN ORDINANCE ANNEXING TERRITORY TO THE CITY OF ASPEN AS REFERRED TO AND DESCRIBED IN THAT PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN CERTIFIED BY THE CITY CLERK ON OCTOBER 1, 1988, COMMONLY KNOWN AS "BLOCK 19" WHEREAS, a petition for annexation of territory to the City of Aspen was certified by the City Clerk on or about October 1, 1988, whereby that territory referred to and described in said petition commonly known as the "Block 19 Annexation" was peti- tioned for annexation to the City of Aspen; and WHEREAS, on October 10, 1988, the City Council of the City of Aspen by Resolution No. 33 (Series of 1988), which resolution is incorporated by reference herein, found and determined that the aforesaid petition was in substantial compliance with the provisions of Section 1 of Section 31-12-107, C.R.S., and established November 28, 1988, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, as a date, time and place to hold a hearing to determine if the proposed annexation complies with applicable parts of Sections 31-12-104 and 31-12-105, C.R.S.; and WHEREAS, said hearing was duly noticed as required by Section 31-12-108, C.R.S.; and WHEREAS, the hearing was conducted on the aforesaid annexa- tion petition on November 28, 1988, as aforesaid, and upon the completion of the hearing, the City Council, by Resolution No. 47 (Series of 1988), set forth its findings of fact and its conclu- sions based thereon and found that the requirements of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met; that an election is not required under Section 31- 12-107(2), C.R.S.; and that no additional terms and conditions are to be imposed with respect to said annexation; and WHEREAS, pursuant to Section 31-12-111, C.R.S., the City Council desires to annex the area proposed in the aforesaid petition for annexation by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That tract of land described in the petition for annexation of territory to the City of Aspen, commonly known as "Block 19 Annexation", which petition is hereby incorporated by reference, and as shown on the annexation map thereof and more particularly described as follows, is hereby annexed to the City of Aspen, State of Colorado: Attached as Exhibit "A". Section 2 The aforesaid annexation shall become effective in the manner prescribed in and immediately upon compliance with the requirements of Section 31-12-113, C.R.S. 2 Section 3 The City Clerk of the City of Aspen is hereby directed as follows: (a) To file one copy of the annexation map with the original of the annexation ordinance in the office of the City Clerk of the City of Aspen. (b) To certify and file two copies of this annexation ordinance and of the annexation map with the Clerk and Recorder of the County of Pitkin, State of Colorado. (c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this annexation ordinance and of the annexation map with the Division of Local Government of the Department of Local Affairs. Section 4 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinance. Section 6 A public hearing on the ordinance shall be held on the day of ~ , 1988, in the city Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the city Council of the city of Aspen on the ~W~_~ day of ~ , 1988. ~ A~-~., ... William L. Stirling Mayor ........ ,4~ ~ , pted, passed and approved this /g~ day of ~t , 19SS. Clerk