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RESOLUTION NO. ~
(Series of 1~
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 CENTENNIAL/HUNTER CREEK/LONE PINE AND SETTING
FORTH FINDINGS WITH RESPECT THERETO PURSUANT TO SECTION 31-12-
110, C.R.S.
WHEREAS, pursuant to Resolution No.1 (Series of 1989),
which resolution in its entirety is incorporated by reference
herein, the City Council did duly notice and conduct a hearing
pursuant to section 31-12-108, C.R.S., relative to the petition
for an annexation election of territory to the City of Aspen
commonly known as Centennial/Hunter Creek/Lone pine (hereinafter
"the Petition"), referred by the City Clerk on or about January
23, 1989; and
WHEREAS, having conducted and completed the aforesaid
hearing on February 27, 1989, the City Council desires to set
forth its findings of fact and its conclusion based thereon with
reference to the matters set forth in Section 31-12-110 C.R.S.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
The City Council hereby finds that the requirements of the
applicable parts of Sections 31-12-104, C.R.S., and 31-12-105,
C.R.S., have been met with respect to the petition, specifically,
but not by way of limitation:
(a) One-sixth of the perimeter of the area proposed to be
annexed is contiguous to the City of Aspen;
(b) A community of interest exists between the area pro-
posed to be annexed and the City of Aspen; that said area is
urban; and that said area is integrated with or is capable of
being integrated with the City of Aspen;
(c) In establishing the boundaries of the territory pro-
posed 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 of real estate, will be divided into separate
parts or parcels;
(d) with respect to the boundaries of the area proposed to
be annexed, no land held in identical ownership, whether consist-
ing of one tract or parcel of real estate or two or more contigu-
ous tracts or parcels of real estate, comprising twenty acres or
more (which, together with the buildings and improvements situ-
ated thereon has a valuation for assessment in excess of
$200,000.00 for ad valorem tax purposes for the year next preced-
ing the annexation) is included without the consent of said
landowners;
(e) No annexation proceedings have been commenced for the
annexation of part or all of the proposed territory to be annexed
to another municipality;
(f) The annexation of the territory proposed to be annexed
will not result in the detachment of area from any school
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district and the attachment of the same to another school dis-
trict.
(g) The proposed annexation will not have the effect of
extending the municipal boundary of the City of Aspen more than
three miles.
section 2
The City Council hereby determines that an election is
required under section 31-12-107(2), C.R.S. and that the follow-
ing additional terms and conditions shall be imposed with respect
to said annexation:
1. An agreement acceptable to the City Council is entered
into with the county of Pitkin pertaining to ownership and
maintenance of public streets and rights-of-way, unless otherwise
waived by both parties.
section 3
In view of the aforesaid findings, the City Council hereby
declares its intention to petition the Pitkin County District
Court to commission three Election Commissioners and direct said
commissioners to hold an annexation election in accordance with
the Colordao Revised Statutes.
section 4
The City Attorney is hereby authorized and directed to
commence appropirate proceedings to petition the District Court
to appoint election commissioners to hold an election in accor-
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dance with the applicable provisions of the Colorado Annexation
Act of 1965 (Section 31-12-101 et sea.).
'771. d/L ~~ (
Dated:
, 1989.
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,
/ '~':-J ~
Colorado, at a meeting held ;'~ ~ .;12? , 1989.
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