HomeMy WebLinkAboutresolution.council.038-03 RESOLUTION NO. ~
(Series of 2003)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN. COMMONLY
KNOWN AS THE "MASCOTTE LODE ANNEXATION"; F~INDING SUBSTANTIAL
COMPLIANCE WITH SECTION 31-12-107(1), C.R.S.; ESTABLISHING A DATE, TIME, AND
PLACE FOR A PUBLIC HEARING TO DETERMINE COMPLIANCE WITH SECTIONS 31-
12-104 AND 31-12-105, C.R.S.; AUTHORIZING PUBLICATION OF NOTICE OF SAID
HEARING; AND AUTHORIZING THE INSTITUTION OF ZONING PROCEDURES FOR
LAND IN THE AREA PROPOSED TO BE ANNEXED.
WHEREAS, on March 25, 2003. one hundred percent of the owners of certain property
situate adjacent to the boundaries of the City of Aspen did file with the City Clerk of the City of
Aspen a Petition for Annexation of tcndtory to the City of Aspen, whereby real property described
in said Petition for Annexation, is being petitioned for annexation to the City of Aspcn~ and
WHEREAS, the City Clerk of thc City of Aspen has referred the aforesaid petition as a
communication to the City Council for appropriate action to determine if the petition is
substantially in compliance with Section 31-12-107, C.R.S.; and
WHEREAS, the petition, including accompanying copies of ten annexation maps, have
been reviewed by the City Attorney's Office and the City Engineer and foand by them to contain the
information prescribed and set forth in paragraphs (c) and (d) of subsection (1) of Section 31-12-
107, C.R. S4 and
WHEREAS, one hundred percent (100%) of the owners of the affected property have
consented to annexation of their property to the City of Aspen; and
WHEREAS, Section 31-12-107(l)(g), C.R.S., mandates that the City of Aspen initiate
atmexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.R.S., whenever a
15etition is filed pursuant to subsection ( 1 ) of Section 31-12-107, C.R.S.
NOW, THEREFORE; BE IT RESOLVED BY TFIE ~ITY COUN~iL'OF THE CITY OF
ASPEN, COLORADO:
Section 1
That the Petition for Annexation of tenStory to the City of Aspen is hereby found and
determined to be in substantial compliance with the provisions of subsection (1) of Section 31-12-
107, C.R.S.
Section 2
That the City Council hereby determines that it shall hold a public hearing to determine if
the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and to establish
whether or not said area is eligible for annexation pm~uant to the Municipal Annexation Act of
1965, as amended; said hearing to be held at a regular meeting of the City Council of the City of
Aspen at 5:00 o'clock p.m. on the 9th day of June, 2003, in Council Ch~mabers at City Hall, 130 S.
Galena, Aspen, Colorado 816111 (A date which is not less than thirty days or more than sixty days
after the effective date of this resolution).
Section 3
That the City Clerk shall give public notice as follows: A copy of this resolution shall
constitute notice that, on the given date and at the given time and place set by the City Council, the
City Council shall hold a heating upon said resolution of the City of .Aspen for the purpose of
determining and finding whether the area proposed to be annexed meets the applicable
requirements of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for
annexation. Said notice shall be published once a week for four consecutive weeks in a newspaper
of general circulation in the area proposed to be annexed. The first publication of such notice shall
be at least thirty days prior to the date of the hearing. The proof of publication of the resolution shall
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be returned when the publication is completed, and the certificate of the owner, editor, or manager
of the newspaper in which said notice is published shall be proof thereof. A copy of the resolution
and petition as filed, shall also be sent by registered mail by the clerk to the Pitkin County Board of
County Commissioners and to the County Attorney of Pitkin County and to the Aspen School
District at least twenty days prior to the date fixed for such hearing.
Section 4
That pursuant to Section 31-12-115, C.R.S., the City Manager ~ts hereby directed to initiate
appropriate zoning procedures with regard to the ten'itory proposed to be annexed, and to prepare
and thereafter submit'an annexation impact report in accordance with Section 31-t2-108.5, C.R.S.,
to the Pitkin County Board of County Commissioners at least twenty five (25) days prior to the date
established for a public hearing.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
c:~ dayof ~,,,2003.
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
tree and accurate copy of that resolution adopted by the City Couuncil of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
Kathryn S. Kgb, City Clerk
JPW-O4/22/2003-G:\john~word~resos~mascotte-lode-annl.doc
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