HomeMy WebLinkAboutresolution.council.069-97 RESOLUTION NO. 69
(Series of 1997)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMON-
LY KNOWN AS THE "BARBEE PROPERTY"; FINDING SUBSTANTIAL COMPLIANCE
WITH SECTION 31-12-107(1), C.R.S.; ESTABLISHING A DATE, TIME, AND PLACE
FOR A PUBLIC HEARING TO DETERMINE COMPLIANCE WITH SECTIONS 31-12-104
AND 31-12-105, C.R.S.; AUTHORIZING PUBLICATION OF NOTICE OF SAID
HEARING; AND AUTHORIZING THE INSTITUTION OF ZONING PROCEDURES FOR
LAND IN THE AREA PROPOSED TO BE ANNEXED.
WHEREAS, on August 18, 1997, the owners of the property proposed to be annexed did
file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of
Aspen, whereby real property described in Exhibit "A" appended to the Petition for Annexation,
is being petitioned for annexation to the City of Aspen; and
WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid petition as a
communication to the City Council for appropriate action to determine if the petition is
substantially in compliance with Section 31-12-107, C.R.S.; 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 paragraphs (c) and (d) of subsection (1) of Section 31-12-
107, C.R.S.; and
WHEREAS, one hundred percent (100%) of the owners of the affected property have
consented to annexation of their property to the City of Aspen; and
WHEREAS, Section 31-12-107(1)(g), C.R.S., mandates that the City of Aspen initiate
annexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.R.S., whenever
a petition is filed pursuant to subsection (1) of Section 31-12-107, C.R.S.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
That the Petition for Annexation of territory to the City of Aspen is hereby found and
determined to be in substantial compliance with the provisions of subsection (1) of Section 31-12-
107, C.R.S.
That the City Council hereby determines that it shall hold a public hearing to determine if
the proposed annexatiOn complies with Sections 31-12-104 and 31-12-105, C.R.S., and to
establish whether or not said area is eligible for annexation pursuant to the Municipal Annexation
Act of 1965, as amended; said hearing to be held at a regular meeting of the City Council of the
City of Aspen at 5:00 o'clock p.m. on the 14th day of October, 1997, in Council Chambers at
City Hall, 130 S. Galena, Aspen, Colorado 81611. (A date which is not less than thirty days nor
more than sixty days after the effective date of this resolution).
Section 3
That the City Clerk shall give public notice as follows: A copy of this resolution shall
constitute notice that, on the given date and at the given time and place set bY the City Council,
the City Council shall hold a hearing upon said resolution of the City of Aspen for the purpose of
determining and finding whether the area proposed to be annexed meets'the applicable
requirements of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for
annexation. Said notice shall be published once a week for four consecutive weeks in a
newspaper of general circulation in the area proposed to be annexed. The first publication of
such notice shall be at least thirty days prior to the date of the hearing. The proof of publication
of the resolution shall be returned when the publication is completed, and the certificate of the
owner, editor, or manager of the newspaper in which said notice is published shall be proof
thereof. A copy of the resolution and petition as filed, shall also be sent by registered mail by the
clerk to the Pitkin County Board of County Commissioners 'and to the County Attorney of Pitkin
County and to the Aspen School District at least twenty-five days prior to the date f~xed for such
hearing.
Section 4
That pursuant to Section 31-12-115, C.R.S., the City Manager is hereby directed to
initiate appropriate zoning procedures with regard to the territory proposed to be annexed.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the ~>~ay of ~ 1996.
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is
a tree 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.
K~thry/~7~. Ko~h, City Clerk
barbeel.res