HomeMy WebLinkAboutordinance.council.026-04ORDINANCE NO. 26
(Series of 2004)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN,
COLORADO, TO BE KNOWN AND DESIGNATED AS THE "WEST HOPKINS
ANNEXATION."
WHEREAS, on February 27, 2003, one-hundred percent (100%) of 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; 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 §31-12-107, C.R.S.; and
WHEREAS, the owners of one hundred percent (100%) of the area proposed to be annexed,
exclusive of streets and alleys, have consented in writing to the annexation; and
WHEREAS, the City Council, by resolution (Number 23, Series of 2004) at its regular
meeting on March 10, 2003, did find and determine said Petition for Annexation to be in substantial
compliance with the provisions of §31-12-107, C.R.S.; and
WHEREAS, the City Council, by resolution (Number 34, Series of 2004) at its regular
meeting on April 14, 2003, did find and determine, following a public hearing, said Petition for
Annexation to be in substantial compliance with §§ 31-12-104 and 31-12-105, C.R.S.; and
WHEREAS, petitioner and the City of Aspen have entered into that certain Pre-annexation
Agreement dated March 23, 2004, recorded in the Pitkin County Clerk and Recorders Office as
Reception No. 496217; and
WHEREAS, the City Council does hereby find and determine that approval of the
annexation of said territory to be in the City's best interest;
05/10/2005 03:08F
SIL¥IA DAVIS PITKIN COUNTY CO R 16.00 D 0.00
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1. That the tract of land described in the Petition for Annexation,
commonly referred to as the "West Hopkins Annexation", and as shown on the annexation map, is
hereby annexed to the City or'Aspen, Colorado.
Section 2. The City Clerk of the City of Aspen is hereby directed as follows:
(a) To file one copy of the annexation map with the original of this annexation
ordinance in the office of the City Clerk of the City of Aspen.
(b) To certify and file two copies of this annexation ordinance and of the annexation
map with the Clerk and Recorder of the County of Pitkin, State of Colorado.
(c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this
annexation ordinance and of the annexation map with the Division of Local Government of the
Department of Local Affairs, State of Colorado.
Section 3. The City Engineer of the City of Aspen is hereby directed to amend
the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this
annexation ordinance.
Section 4. That if any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereofi
Section 5. That this ordinance shall not have any effect on existing litigation
and shall not operate as an abatement of any action or proceeding now pending under or by virtue
of the ordinances amended as herein provided, and the same shall be construed and concluded
under such prior ordinances.
A public heating on the ordinance shall be held on the 9th day of August, 2004, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the 26th day July, 2004.
ATTEST: '"".'~, *
K~t~-~-'~, ;""C it y Clerk
_ FINALLY adopted, passed and approved on this 9th day of August 2004.
: SEAL,- ·
Kathryn S. K~gh; City Clerk