HomeMy WebLinkAboutordinance.council.026-79RECORD OF PROCEEDINGS
ORDINANCE NO. 26
(Series of 1979)
100 Leaves
AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED
TERRITORY TO THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been presented to the City Council
for its consideration, a Petition for Annexation for the
annexation of an enclave which has more than two-thirds
boundary contiguity to the City of Aspen, more particularly
described in Exhibit "A" attached hereto and made a part
hereof by reference; and
WHEREAS, said Petition has been determined by the City
Council to satisfy the requirements of Section 31-12-107 of
the Colorado Municipal Annexation Act; and
WHEREAS, the City Council has determined that the tract
proposed for annexation
Section 31-12-106(2) of
Act; and
is eligible for annexation under
the Colorado Municipal Annexation
WHEREAS, the City Council did adopt on March 12, 1979,
Resolution No. 7 (Series of 1979) setting forth the intent of
the governing body to annex the area above-described if,
after notice and hearing, the City Council did find and
determine that the proposed annexation did comply with the
provisions of Section 31-12-105, C.R.S. 1973, as amended, the
Colorado Municipal Annexation Act; and
WHEREAS, a public hearing as provided in Sections
31-12-108 and 31-12-109 of the Colorado Municipal Annexation
Act was held on the 16th day of April, 1979, and the City
Council has made the following determinations:
1. That the
provided
amended,
City Clerk properly provided notice as
in Section 31-12-108, C.R.S. 1973, as
the Colorado Municipal Annexation Act,
by
RECORD OF PROCEEDINGS
100 Leaves
e
publication of a copy of Resolution No. 7 (Series of
1979) together with notice that, on the given date
and at the given time and place set by the City
Council, the Council would hold a hearing upon such
Resolution for the purpose of determining and find-
ing whether the area proposed to be annexed meets
the applicable requirements of Section 31-12-105,
C.R.S. 1973, as amended, the Colorado Municipal
Annexation Act, and is eligible for annexation.
Publication was made once a week for four (4) suc-
cessive weeks in a newspaper of general circulation
in the area proposed for annexation, the Aspen
Times.
That in the established boundaries of the territory
to be annexed, no land held in identical ownership
is divided into separate parts or parcels without
the written consent of the landowners thereof.
That in the established boundaries of the territory
to be annexed, no land held in identical ownership
comprising twenty (20) acres or more is included
the written consent of the landowners
without
thereof.
That no
for the
4. annexation proceedings have been commenced
annexation of part or all of such territory
to another municipality.
5. That annexation will not result in the detachment of
area from any school district and the attachment of
the same to another school district.
6. That the area proposed to be annexed meets the
applicable requirements of Section 31-12-105, C.R.S.
1973, as amended, the Colorado Municipal Annexation
Act, and is therefore eligable for annexation.
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RECORD OF PROCEEDINGS
100 Leaves
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1.
That the territory described in Exhibit "A" attached
hereto be and hereby is annexed to the City of Aspen, Colo-
rado, pursuant to the Colorado Municipal Annexation Act.
Section 2.
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications
of the ordinance which can be given effect without the
invalid provisions or applications, and to this end the pro-
visions or applications of this ordinance are declared to be
severable.
Section 3.
By reason of the fact that the City Council desires to
complete said annexation in sufficient time to allow the
inhabitants of the area to vote in the General Municipal
Election to be held May 8, 1979, and by reason of the fact
that the City must use the 1979 building season so as to make
certain improvements in the
area, it is hereby declared
this ordinance is necessary
the public property, health,
roads constructed within the
that an emergency exists and that
to the immediate preservation of
peace and safety, that it shall
be in
thereafter as possible.
Section 4.
full force and effect upon final passage, or as soon
This ordinance, as adopted by the City Council,
be numbered and recorded in the official records of
Its
shall
the City.
adoption and publication shall be authenticated by the
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RECORD OF PROCEEDINGS
100 Leaves
signature of the Mayor, or Mayor Pro Tem, and the City Clerk,
and by the certificate of publication.
AND APPROVED on first
D , 1979.
ATTEST:
reading this /~day of
Stacy ~andley _III
May°rl
Kathryn S. Koch
City Clerk
FINALLY adopted,
day of
passed and approved on the
, 1979.
ATTEST:
Stacy Standley III
Mayor
Kathryn S. Koch
City Clerk
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STATE OF COLORADO )
)
COUNTY OF PITKIN )
)
CITY OF ASPEN )
SS.
The City Council of the City of Aspen, Pitkin County,
Col6rado, met in regular session, in full conformity with the law
and the ordinances and rules of said Council, at the City Hall
Building, 130 South Galena Street in the City, being the regular
meeting place of the Council, on Monday, April 9,
of ~ ~3_.m. Upon roll call,
!
present constituting a quorum:
Present:
Mayor:
Mayor Pro Tem:
Other Councilmen:
Absent:
the following were
1979, at the hour
found to be
Stacy Standley
Michael Behrendt
Thomas Isaac
Ellen Anderson
George Parry
John Van Ness
Steve Wishart
constituting all the members of the City Council.
There were also present:
City Clerk:
City Manager:
Director of Finance:
City Attorney:
Thereupon,
were had and taken.
Kathryn Koch
Philip S. Mahoney
Lois Butterbaugh
Ronald W. Stock
the following proceedings, among others,
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~~f~_ ~ introduced an ordinance, which
ordinance was thereupon read by title, printed copies thereof
having been distributed to all Councilmen and to those in
attendance, and which ordinance, consisting of pages (1) to
(10), inclusive, is as follows:
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