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HomeMy WebLinkAboutresolution.council.046-88 RESOLUTION NO. ~ (Series of 1988) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN RELATIVE TO THE PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY KNOWN AS 0015 HARBOUR LANE; FINDING SUBSTANTIAL COM- PLIANCE WITH THE APPLICABLE REQUIREMENTS OF THE MUNICIPAL ANNEXATION ACT OF 1965 SECTION 31-12-101, C.R.S. ET SEQ.); ESTABLISHING A DATE, TIME AND PLACE THAT THE CITY COUNCIL WILL HOLD A HEARING TO DETERMINE IF THE PROPOSED ANNEXATION COMPLIES WITH SECTIONS 31-12-104 AND 31-12-105, C.R.S.; AND AUTHORIZING THE INSTITUTION OF ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED WHEREAS, the annexed Petition for Annexation of Territory to the City of Aspen (0015 Harbour Lane) has been filed with the City Clerk whereby that territory commonly known as 0015 Harbour Lane) and more particularly described as follows is being petitioned for annexation to the City of Aspen; A parcel of land situated in the NE 1/4 of the SW 1/4 of Section 12, Township 10 South, Range 85 West of the 6th Principal Meridian described as follows: Beginning at corner No. 3 of the North Texas Mill Site U.S.M.S. 3288; thence S 15°30' W 84.48 feet along Line 3-4 of said Mill Site; thence N 59°54' W 77.0 feet to the centerline of Castle Creek; thence N 19°55,11'' E 96.63 feet along said centerine to the point of intersection with a line N 49°30' W from said Corner No. 3; thence S 49°30' E 74.0 feet to the point of beginning. and WHEREAS, pursuant to the procedures of Municipal Annexation Act of 1965 (Section 31-12-101, et seq., C. R. S.) the City Clerk has referred the petition as a communication to the City Council for appropriate action to determine whether it is substantially in compliance with subsection (1) of Section 31-12-107, C.R.S.; and WHEREAS, the petition, including accompanying copies of an annexation map, have been reviewed by the City Attorney and City Engineer, and have been found by them to contain the information required by subsection (1) of Section 31-12-107, C.R.S., which findings are hereby adopted by the City Council; and WHEREAS, the petition has been signed by the landowners of more than 50% of the area proposed to be annexed, excluding public streets and alleys; and WHEREAS, Paragraph "6" of the petition recites that peti- tioners, as in inducement to the City of Aspen to annex the aforesaid area, have agreed to convey all appurtenant water rights to the City and deliver any documents requested by the City evidencing the dedication of any interest the petitioners may have in said water rights. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That petition for annexation of territory to the City of Aspen (0015 Harbour Lane) annexed hereto and incorporated herein by reference 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 In accordance with Section 31-12-108, C.R.S., which requires that as a part of a resolution finding substantial compliance of an annexation petition, the governing body shall establish a date, time and place to hold a hearing to determine if the proposed annexation complies with Sections 31-12-104 and 31-12- 105, such hearing to be held not less than 30 days nor more than 60 days after the effective date of the resolution, the City Council does hereby call a public hearing to be held on //~~~/~~ , 1989, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Section 3 The City Clerk shall give notice as required by Section 31- 12-108, C.R.S., substantially in the following form: "PUBLIC NOTICE IS HEREBY GIVEN THAT pursuant to Resolution No. ~ of the City Council of the City of Aspen (Series of 1988), a copy of which is appended hereto, the City Council on /~~~~z7 at 5:00 in the City Council 1989, p.m., Chambers, Aspen City Hall, 130 South Galena Street, Aspen, Colorado, will hold a hearing upon said resolution for the purpose of determining and finding whether the area proposed for annexation by that Petition for Annexation of Territory to the City of Aspen (0015 Harbour Lane) meets the applicable require- ments of Sections 31-12-104 and 31-12-105, C.R.S., commonly known 3 as the Municipal Annexation Act of 1965 and is, therefore eligible for annexation. Section 31-12-104 provides as follows: "Eligibility for annexation. (1) An area is eligible for annexation if the governing body, at a hearing as provided in Section 31-12-109, finds and determines: (a) That not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the annexing municipality. Contiguity shall not be affected by the existence of a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway between the annexing municipality and the land proposed to be annexed. (b) That a community of interest exists between the area proposed to be annexed and the annexing municipality; that said area is urban or will be urbanized in the near future; and that said area is integrated with or is capable of being inte- grated with the annexing municipality. The fact that the area proposed to be annexed has the contiguity with the annexing municipality required by paragraph (a) of this subsection (1) shall be a basis for a finding of compliance with these requirements unless the governing body, upon the basis of competent evidence presented, at the hearing provided for in Section 31-12-109, finds that at least two of the following are shown to exist: (I) Less than fifty percent of the adult resi- dents of the area proposed to be annexed make use of part or all of the following types of facilities of the annexing municipality: Recreational, civic, social, religious, industrial, or commercial; and less than twenty-five percent of said area's adult residents are employed in the annexing municipality. If there are not adult resi- 4 dents at the time of the hearing, this standard shall not apply. (II) One-half or more of the land in the area proposed to be annexed (including streets) is agricultural, and the landowners of such agricultural land, under oath, express an intention to devote the land to such agri- cultural use for a period of not less than five years. (III) It is not physically practicable to extend to the area proposed to be annexed those urban services which the annexing municipality provides in common to all of its citizens on the same terms and conditions as such services are made available to such citizens. This standard shall not apply to the extent that any portion of an area proposed to be annexed is provided or will within the reasonably near future be provided with any service by or through a quasi-municipal corporation." Section 31-12-105, C.R.S., provides as follows: "Limitations. (1) Notwithstanding any provisions of this part 1 to the contrary, the following limitations shall apply to all annexations: (a) In establishing the boundaries of any territory to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, shall be divided into separate parts or parcels without the written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way. (b) In establishing the boundaries of any area proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more (which, together with the 5 buildings and improvements situated thereon has valuation for assessment in excess of two hundred thousand dollars for ad valorem tax purposes for the year next preceding the annexation) shall be included under this part 1 without the written consent of the landowners unless such tract of land is situated entirely within the outer boundaries of the annexing municipality as they exist at the time of annexation. In the applica- tion of this paragraph (b), contiguity shall be affected by a dedicated street, road, or other public way. (c) No annexation resolution pursuant to Section 31- 12-106 and no annexation petition or petition for an annexation election pursuant to Section 31-12- 107 shall be valid when annexation proceedings have been commenced for the annexation or part or all of such territory to another municipality, except in accordance with the provisions of Section 31-12-114. For the purpose of this section, proceedings are commenced when the petition is filed with the clerk of the annexing municipality or when the resolution of intent is adopted by the governing body of the annexing municipality if action on the acceptance of such petition or on the resolution of intent by the setting of the hearing in accordance with Section 31-12-108 is taken within ninety days after the said filing if an annexation procedure initiated by petition for annexation is then completed within the one hundred fifty days next following the effective date of the resolution accepting the petition and setting the hearing date and if an annexation procedure initiated by resolution of intent or by petition for an annexation election is prosecuted without unreasonable delay after the effective date of the resolution setting the hearing date. (d) As to any annexation which will result in the detachment of area from any school district and the attachment of the same to another school district, no annexation resolution pursuant to Section 31-12-107 is valid unless accompanied by a resolution of the board of directors of the school district to which such area will be attached approving such annexation. 6 Said notice shall be published once a week for four succes- sive weeks in the Aspen Times, a newspaper of general circulation in the area proposed to be annexed. The first publication shall be at least thirty (30) days prior to the date of the hearing, specifically ~~//~-~ The hearing shall be conducted in accordance with the provisions of Sections 31-12-109 and 31-12-110, C.R.S. Section 4 Pursuant to Section 31-12-115, C.R.S., the Director of Planning of the City of Aspen is hereby directed to initiate appropriate zoning procedures with regard to the territory proposed to be annexed. Section 5 The City Council will conduct said hearing pursuant to the provisions of the Municipal Annexation Act of 1965. Dated: ~~_-R~ /~ , 1988. I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ~ /~ , 1988. ~Koch, City Clerk 7