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Home My WebLink Aboutordinance.council.040-94 -' " '" --..' I~. ., ~. ORDINANCE NO. Li6 (Series of 1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE HIGHWAY 82 - CITY/ZOLINE OPEN SPACE ANNEXATION. WHEREAS, on June 8, 1994, the City Manager ofthe City of Aspen and the Department of Transportation, State of Colorado, did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen; and WHEREAS, the petition, including accompanying copies of an annexation map, has been reviewed by the City Attorney's Office and the City Engineer and found by them to contain the information prescribed and set forth in of 931-12-107, C.R.S.; and WHEREAS, the petition was signed by the owners of one hundred percent (100%) of the area proposed to be annexed, exclusive of streets and alleys; and WHEREAS, the City Council, by resolution (Number 44, Series of 1994) at its regular meeting on June 13, 1994, did find and determine said Petition for Annexation to be in substantial compliance with the provisions of 931-12-107, C.R.S.; and WHEREAS, the City Council, by resolution (Number 62, Series of 1994) at its regular meeting on July 25, 1994, did fmd and determine, following a public hearing, said Petition for Annexation to be in substantial compliance with 99 31-12-104 and 31-12-105, C.R.S.; and WHEREAS, the City Council does hereby find and determine that approval of the annexation of said territory to be in the City's best interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: ~ ~- e (8 Section L That the tract of land described in the Petition for Annexation, commonly referred to as the Highway 82 - City/Zoline Open Space, and as shown on the annexation map, is hereby annexed to the City of Aspen, Colorado; Section 2. 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 this 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, State of Colorado. Section 3. The City Engineer of the City of Aspen is hereby directed to amend . the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this annexation ordinance. Section 4. That 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. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances ,amended as herein provided, and the same shall be construed and concluded under such prior ordinances. 2 ~a" , '!:\, 'Z " tA ~- te A pJlblic hearing on the ordinance shall be held on the .:i!iL day of a" d k<0./,f 1994, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 'if day of ~~ ' 1994. (jL, 5, i3~.~~' John/S. Bennett, Mayor ATTEST: FINALLY adopted, passed and approved this au'd~ 2.!L day of ,1994. t >. t5~ - 1\ , John S. ennett, Mayor ATTEST: zoline an. ord 3 3"11+')/,.<j "It. l'ii, \, &.1,. \1 \.', (. ., B-7G3 P-255 10/04/94 10~33A PG 2 OF f." j \j 11 ij ~ ORDINANCE NO. LID (Series of 1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE HIGHWAY 82 - CITY/ZOLINE OPEN SPACE ANNEXATION. WHEREAS, on June 8, 1994, the City Manager of the City of Aspen and the Department of Transportation, State of Colorado, did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen; and WHEREAS, the petition, including accompanying copies of an annexation map, has been reviewed by the City Attorney's Office and the City Engineer and found by them to contain the information prescribed and set forth in of ~31-12-107, C.R.S.; and WHEREAS, the petition was signed by the owners of one hundred percent (100%) of the area proposed to be annexed, exclusive of streets and alleys; and WHEREAS, the City Council, by resolution (Number 44, Series of 1994) at its regular meeting on June 13, 1994, did find and determine said Petition for Annexation to be in substantial compliance with the provisions of ~31-12-107, C.R.S.; and WHEREAS, the City Council, by resolution (Number 62, Series of 1994) at its regular meeting on July 25, 1994, did find and determine, following a public hearing, said PetitionIor Annexation to be in substantial compliance with ~~ 31-12-104 and 31-12-105, C.R.S.; and WHEREAS, the City Council does hereby find and determine that approval of the annexation of said territory to be in the City's best interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: <It !-1P, ' ~,< e, ~, "< - Section 1. That the tract of land described in the Petition for Annexation, w Ii 'lj II 11 I ,I '!i ';1 commonly referred to as the Highway 82 - City/Zoline Open Space, and as shown on the annexation map, is hereby annexed to the City of Aspen, Colorado. Section 2. 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 this 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, State of Colorado. Section 3. The City Engineer of the City of Aspen is hereby directed to amend . the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this annexation ordinance. Section 4. That 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. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances. amended as herein provided, and the same shall be construed and I concluded under such prior ordinances. It" -:"7'19'9 ~,:.',." ,..../ ~.. ,,+' ~! 'Z',<. B-763 P-256 10/04/94 10~33A PG ~ OF if 2 ~ \W 00,]_.. Bj \ ''-: - A p)lblic hearing on the ordinance shall be held on the ~ day of a" j~ 1994, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, . i~ ,!.oj j:~ ~,~' iii' -(1 'It,y ':;1 l 1/ \1 -',j -I, '. ',1 \. '~ , INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the;? day of Uu~ ' 1994. ~ 5. {>-~ John S. Bennett, Mayor ATTEST: FINALLY adopted, passed and approved this au.~ ;(L!-- day of ,1994. r- ~. /5~~ . \ John S. ennett, Mayor ATTEST: zolinc an.ord .,.' . :nLj.9IJ.9 ~ ;% '''--.0 8-7&3 P-257 10/04/94 10:33R PG 4 OF I.,. 3 3 h('LI' 9 f.!. 9 J3.'h''7G,;:'; EiIL.V I(~I DiW lEi P~~54 10/04/94 10.33R PO 1 OF 4 PITKIN CrnJNTY CLERK & RECORrn~R liEC 2e'" '2112' DOC NC . STATE OF COLORADO COUNTY OF PITKIN ss. CERTIFICATE CITY OF ASPEN I, Kathryn S. Koch, duly appointed and acting city clerk of the City of Aspen, Colorado, do hereby certify that the foregoing and attached hereto contains a full and correct copy of Ordinance #40, Series of 1994 as the same appears of record and on the files of my office. Dated this 4th day of October 1994. /'.-:,....Q.f'~~..... _ ,\' 41"",A " -' IV .... ...~.. '''',$ .....~i" ~r, :' ....:1~l\ ',! ~ S B' if: ~ ;Ei:} . '. / Kathryn S CUl'" S\ ..- '" ORA Deputy City Clerk .'~" "..' ~ ~..