HomeMy WebLinkAboutresolution.council.100-04 RESOLUTION NO. 1{~ (Series of 2004)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE
PETITION FOR ANNEXATION OFf TE~TORY TO THE'CiTY OF ~sP~N'i COMMONLY ·
KNOWN AS THE "AMCORD,AVLT PARCEL,; FINDING SUBSTANTIAL COMPLIANCE
WITH SECTION 31-12-107(1), C,R.S.; ESTABLISHING A DATE, TIME; AND PLACE '
FOR A PUBLIC HEARING TO DETE~iNE COMPLIANCE ~TH SECTIONS 31d2A04
AND 31-12-105, C.R.S.; AUTHORIZING PUBLICATION OF NOTICE OF SAID HEA~NG;
AND AUTHORIZING THE INSTITUTION OF ZONING PROCEDURES FOR LAND iN
THE AREA PROPOSED TO BE ANNEXED.
WHEREAS, on October 5, 2004, the CitY Manager on behalf of the City of ASpen,
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 petiti°n 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 sUbSecti°n (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.
Section 2
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 22th day of November, 2004, 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 cei-tificate 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.
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 C°unCil of the' City of AsPen on
the /~ day of ~-t~t._, 2004. ~
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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JPW- saved: 10/5/2004-781-G:~john~word\resos~AMCORD-AVLT-annl_res.doc
PETITION FOR ANNEXATION
"AMCORD/AVLT Parcel Annexation"
WHEREAS, the City of Aspen is the owner of certain real property located in an
unincorporated area of Pitkin County, Colorado, commonly referred to as the
AMCORD/AVLT Parcel, more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference; and
WHEREAS, the City of Aspen desires to annex said real property to the City of Aspen.
NOW, THEREFORE, the undersigned on behalf of the City of Aspen and in
accordance with Article 12, Chapter 31, C.R.S. as amended, hereby petition the City Council
of the City of Aspen, Colorado, for annexation to the City of Aspen the unincorporated real
property more particularly described below, to be known as "Parcel 2 of Park Trust
Exemption", and in support of said Petition, your petitioners allege that:
1. It is desirable and necessary that the territory described in Exhibit "A" attached hereto
and incorporated herein by reference be annexed to the City of Aspen, Colorado.
2. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is
contiguous with the City of Aspen, Colorado.
3. A community of interest exists between the territory proposed to be annexed and the
City of Aspen, Colorado.
4. The territory proposed to be annexed is urban or will be urbanized in the near future.
5. The territory proposed to be annexed is integrated or is capable of being integrated with
the City of Aspen.
6. The signatures on the Petition comprise one hundred percent (100%) of the landowners
of the territory to be included in the area proposed to be annexed and said landowners
attesting to the facts and agreeing to the conditions herein contained will negate the
necessity of an annexation election.
7. No parr of the territory to be annexed is more than three (3) miles from a point on the
municipal boundary, as such was established less than one year from the date of this
Petition.
8. The proposed annexation will not result in the detachment of area from any school
district.
9. The mailing address of each signer, the legal description of the land owned by the
signer as legal representative of the owner, and the date of signing of each signature are
all shown on this Petition.
10. Attached to this Petition as Exhibit "A" and by this reference incorporated herein is an
annexation map containing the information required by Section 31-12-107(1)(d),
C.R.S.,
11. The territory to be annexed is not presently a part of any incorporated city, city and
county, or town.
PETITION FOR ANNEXATION
"AMCORD/AVLT Parcel Annexation"
WHEREAS, the City of Aspen is the owner of certain real property located in an
unincorporated area of Pitkin County, Colorado, commonly referred to as the
AMCORD/AVLT Parcel, more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference; and
WHEREAS, the City of Aspen desires to annex said real property to the City of Aspen.
NOW, THEREFORE, the undersigned on behalf of the City of Aspen and in
accordance with Article 12, Chapter 31, C.R.S. as amended, hereby petition the City Council
of the City of Aspen, Colorado, for annexation to the City of Aspen the unincorporated real
property more particularly described below, to be known as "Sol,.dn.e.r/Burlingame .._Ranch",
and in support of said Petition, your petitioners allege that:
1. It is desirable and necessary that the territory described in Exhibit "A" attached hereto
and incorporated herein by reference be annexed to the City of Aspen, Colorado.
2. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is
contiguous with the City of Aspen, Colorado.
3. A community of interest exists between the territory proposed to be annexed and the
City of Aspen, Colorado.
4. The territory proposed to be annexed is urban or will be urbanized in the near future.
5. The territory proposed to be annexed is integrated or is capable of being integrated with
the City of Aspen.
6. The signatures on the Petition comprise one hundred percent (100%) of the landowners
of the territory to be included in the area proposed to be annexed and said landowners
attesting to the facts and agreeing to the conditions herein contained will negate the
necessity of an annexation election.
7. No part of the territory to be annexed is more than three (3) miles from a point on the
municipal boundary, as such was established less than one year from the date of this
Petition.
8. The proposed annexation will not result in the detachment of area from any school
district.
9. The mailing address of each signer, the legal description of the land owned by the
signer as legal representative of the owner, and the date of signing of each signature are
all shown on this Petition.
10. Attached to this Petition as Exhibit "A" and by this reference incorporated herein is an
annexation map containing the information required by Section 31~ 12-107(1)(d),
C.R.S.,
11. The territory to be annexed is not presently a part of any incorporated city, city and
county, or town.
Dated:
City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
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