HomeMy WebLinkAboutresolution.council.012-92
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RESOLUTION NO. -1L
(Series of 1992)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, FINDING
COMPLIANCE WITH SECTIONS 31-12-104AND 31-12-105, C.R.S., FOLLOWING PUBLIC
HEARING RELATIVE TO THE PETITION FOR ANNEXATION OF TERRITORY TO THE
CITY OF ASPEN, COMMONLY KNOWN AS THE WILLIAMS RANCH PARCEL.
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 January 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 desires to adopt its findings and determinations following
said public hearing in the form of a resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That having duly heard and considered the testimony, comments, exhibits and arguments
of all persons appearing at the public hearing, the City Council of the City of Aspen makes the
following findings and determinations:
1. The City Clerk, in accordance with Section 3 of Resolution No, 4, Series
of 1992, did give public notice pursuant to Section 31-12~108, C.R.S., of the public
hearing held on March 9, 1992, by causing to be published once a week for four
consecutive weeks in Ihe Aspen Times, a newspaper of general circulation in Pitkin
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County, the first publication being at least thirty (30) days prior to the date of the public
hearing.
2. The property proposed to be annexed consists of unincorporated area and
not less than one-sixth of its perimeter is contiguous with the existing boundaries of the
City of Aspen; and therefore, because of such contiguity, a community of interest exists
between the territory proposed to be annexed and the City of Aspen; the territory
proposed to be annexed is urban or will be urbanized in the near future, and that the
territory proposed to be annexed is integrated or is capable of being integrated with the
City of Aspen. Section 31-12-104.
3. In establishing the boundaries of the territory proposed to be annexed, land
held in identical ownership was divided into seperate parts or parcels, The division,
however, was made with the written consent of all of the landowners thereof.
Accordingly, the limitation set forth at Section 31-12-105(a) is not applicable.
4. The property proposed to be annexed consists of less than twenty acres,
Accordingly, the limitation set forth at Section 31-12-105(b) is not applicable.
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5. There is no other annexation proceeding, other than the one under
consideration herein, which has been commenced either in the City of Aspen or any other
municipality which affects the property proposed to be annexed. Accordingly, the
limitation set forth at Section 31-12-105(c) is not applicable.
6. Annexation of the property proposed to be annexed would not result in the
detachment of any area from any school district and the attachment of the same to
another school district. Accordingly, the limitation set forth at Section 31-12-105(d) is
not applicable.
7. Annexation of the property proposed to be annexed would not have the
effect of extending the boundary of the City of Aspen more than three miles in any
direction. Accordingly, the limitation set forth at Section 31-12-105(e) relating to the
extension of municipal boundaries by more than three miles in anyone year is not
applicable,
8, The annexation of the property proposed to be annexed would be consistent
with the" Annexation Element to the Aspen Area Comprehensive Plan". Accordingly,
the requirement set forth at Section 31-12-105(e) relating to the requirement that a "plan"
be adopted for the property proposed to be annexed has been met.
9, No portion of a platted street or alley is proposed to be annexed,
Accordingly, the limitations set forth at Section 31-12-105(t) and 31-12-105(g) are not
applicable.
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10. The annexation petition was signed by one hundred percent of the owners
of the property proposed to be annexed. Accordingly, in accordance with Section 31-12-
107(g), C.R.S" an annexation election is not required.
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INTRODUCED;;,~EAD AND ADOPTED by the City Council of the City of
Aspen on the ,13 day of I'/f~ , 1992.
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J hn S. Bennett, Mayor
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 on the day hereinabove stated.
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