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HomeMy WebLinkAboutordinance.council.061-94 !l'tA. . Rt'll' ~ . .i "\\,,, 381236 8-780 P--618 05/11/gS 10~20A PG 1 OF 3 SIlVIR ORVIS PITKIN COUNTY (~ERK & RECORDER l:lEC :1.54 Ii.l(,~ DOC ORDINANCE NO. b I (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 WILLIAMS RANCH ANNEXATION WHEREAS, on December 16, 1991, the Smuggler Durant Mining Corporation did fIle with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen; and WHEREAS, on 1anuary 13, 1992, City Council did adopt Resolution No.4, Series of 1992, finding substantial compliance with Section 31-12-107(1), C.R.S.; establishing March 9, 1992, as the date for a public hearing to determine compliance with Sections 31-12-104 and 31- 12-105, C.R.S.; and, authorizing publication of notice of said hearing; and WHEREAS, a public hearing was held at the date, time and place duly noticed for said public hearing and continued to March 23, 1992, at which time the public hearing was concluded; and WHEREAS, the City Council, by resolution (Number 12, Series of 1992) at its regular meeting on March 23, 1994, did find and determine, following a public hearing, said Petition for Annexation to be in substantial compliance with ~~ 31-12-104 and 31-12-105, C.R.S.;and WHEREAS, the petitioner, Smuggler Durant Mining Company, and the City of Aspen have consented to that certain Annexation Agreement appended hereto as Exhibit "A" and by this reference incorporated herein; 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; ~ 1\. _" !fl', '.,\ "l!! fa, ~. 3a 1 ;::~:36 B-780 P-619 05/11/95 10,20A PG 2 OF ... NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the tract of land described in the Petition for Annexation, commonly referred to as the Williams Ranch Annexation, and as shown on the annexation map, is hereby annexed to the City of Aspen, Colorado, subject to all the terms and conditions set forth in the Annexation Agreement appended hereto as Exhibit "A" and Ordinance 52, Series of 1994. 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 Officiill 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 2 ~ 'III' tit h@_ II, ~l Z\\, 3B:l.221f, B-780 P-'&20 05/11/g5 10:20A PG 3 OF ,,' virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on the 28th day of November, 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 / t.j-'+L day of lt~ , 1994. ~,:~ """'.::,S~J" ATTEST: ~./~ Katb)tw~och, city Clerk ~ 1:3~- John S. Bennett, Mayor '~:Y'li!.\.'" ;/';:;(i:,:i?:3i FINALLY adopted, passed and approved this /3 day of ~ ,1995 ~ !3~- John S. ennett, Mayor "('- 1 , - -~'. ATTEST: wmsranch.ord 3