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RESOLUTION NO.7
(Series of 2000)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY
KNOWN AS THE "ASPEN HIGHLANDS VILLAGE POO"; FINDING SUBSTANTIAL
COMPLIANCE WITH SECTION 31-12-107(1), C.RS.; ESTABLISHING A DATE, TIME,
AND PLACE FOR A PUBLIC HEARING TO DETERMINE COMPLIANCE WITH
SECTIONS 31-12-104 AND 31-12-105, C.RS.; 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 January 14, 2000, one hundred percent of the owners of certain property
situate adjacent to the boundaries of the City of Aspen 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 said Petition for Annexation, is being petitioned for annexation to the City of Aspen;
and
WHEREAS, Section 31-12-104, C.RS., allows contiguity to be established by the
annexation of one or more parcels in a series, which annexations may be completed
simultaneously and considered together for purposes of requisite public hearings, and the
annexation impact report required by Section 31-12-108.5, C.RS.; 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.RS.; and
WHEREAS, the petition, including accompanying copies of ten annexation maps, have
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.RS.; 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.RS., mandates that the City of Aspen initiate
annexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.RS., 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.RS.
Section 2
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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.RS., 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 13th day of March, 2000, 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,
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f". 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.RS., 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 days prior to the date fIxed for such hearing.
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Section 4
That pursuant to Section 31-12-115, C.RS., the City Manager is hereby directed to
initiate appropriate zoning procedures with regard to the territory proposed to be annexed, and to
prepare and thereafter submit an annexation impact report in accordance with Section 31-12-
108.5, C.RS., to the Pitkin County Board of County Commissioners at least twenty fIve (25)
days prior to the date established for a public hearing..
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the J/Lday or~ ~ 200)
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Rachel E. Richards, Mayo
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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.
JPW-Ol/18/00-G:\john\word\resos\highlands-annl.doc
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