HomeMy WebLinkAboutresolution.council.006-84RECORD OF PROCEEDINGS
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RESOLUTION NO. ~
(Series of 1984)
A RESOLUTION OF INTENT TO ANNEX THAT AREA SET FORTH AND DESCRIBED
IN A PETITION FOR ANNEXATION ELECTION SUBMITTED ON FEBRUARY 2,
1984, SUBJECT TO THE REQUIREMENTS OF THE MUNICIPAL ANNEXATION ACT
OF 1965 FOR THE HOLDING OF A PUBLIC HEARING AND SUBJECT THEREAFTER
TO AN ANNEXATION ELECTION TO BE HELD IN ACCORDANCE WITH THE
REQUIREMENTS OF THE MUNICIPAL ANNEXATION ACT OF 1965
WHEREAS, pursuant to
Annexation Act of 1965 (31-12-101,
been presented to the City Council
for annexation election concerning
Pitkin County, Colorado, as described
"A" annexed hereto; and
the provisions of the Municipal
et seq., C.R.S.), there has
of the City of Aspen a petition
a tract of land located in
in said petition and Exhibit
a petition
following
WHEREAS, pursuant to Section 31-12-107(2), C.R.S.,
for annexation election in Pitkin County shall meet the
standards:
1. The petition shall be filed with the City Clerk.
2. The petition shall contain the following:
a. An allegation that it is desirable and necessary
that such area be annexed to the City of Aspen.
b. An allegation that the requirements of Sections
31-12-104 and 31-12-105, C.R.S., exist or have been met.
c. An allegation that the signers of the petition are
qualified electors resident in and landowners of the area proposed
to be annexed.
d.
e.
f.
signer.
g.
The signatures of such landowners.
The mailing address of each signer.
The legal description of the land owned by such
The Gate of signing of each signature.
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h. The affidavit of each circulator of
whether consisting of one or more sheets, that
therein is the
be.
i.
the petition,
signature of the person whose
each signature
name it purports to
of an annexation election.
3. The petition shall be signed by at least forty qualified
electors or ten percent of said electors within the area to be
annexed, whichever is less; and
WHEREAS, Section 31-12-107(2)(e), C.R.S., requires that if
the petition is found to be in substantial compliance with the
standards outlined above, the procedures for conducting a hearing,
making findings and holding an election as outlined in Sections
31-12-108 to 31-12-110, C.R.S., shall
WHEREAS, the City Council having
annexation election finds it to be in
the
De followed; and
reviewed said petition for
substantial compliance with
requirements of Section 31-12-107(2), C.R.S.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TRE
CITY OF ASPEN, COLORADO:
Section 1
That the petition
City Clerk on February
for annexation election, filed with the
2, 1984, for the City of Aspen to commence
12-107(2), C.R.S.
Section 2
In accordance
proceedings for the holding of an annexation election in the area
described in said petition and Exhibit "A" annexed hereto shall
be, and here is, determined to be in compliance with Section 31-
with the requirement of
C.R.S., that as part of the resolution finding
ance of a petition for an annexation election,
shall establish a date, time, and place that
ing to determine if the proposed annexation
Section 31-12-108(1),
substantial compli-
the City Council
it will hold a hear-
complies with Sections
A request to commence proceedings for the holding
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31-12-104 and 31-12-105, C.R.S., or such parts thereof as may be
required to establish eligibility, which hearing shall be held not
less than thirty days nor more than sixty days after the effective
date of the resolution setting the hearing, a public hearing shall
be held on the 9th day of April, 1984, at
Council Chambers, Aspen City Hall, Aspen,
Section 3
5:00 p.m. in the City
Colorado.
That City Clerk shall give notice of the public hearing as
follows:
The City Clerk shall publish a copy of this resolution
(including Exhibit "A") together with a notice that on the 9th day
of April, 1984, at 5:00 p.m. in the City Council Chambers, the
City Council shall hold a hearing for the purpose of determining
and finding whether the area proposed to be annexed as described
in Exhibit "A" meets the applicable requirements of Section 31-12-
104 and 31-12-105, C.R.S., and is considered eligible for annexa-
tion. The notice shall be published once a week for four succes-
sive weeks in the Aspen Times. The first publication of such
notice shall be at least thirty days prior to the date of the
hearing, specifically March 8, 1984. Proof of publication of the
notice and resolution (including Exhibit "A"), or a summary there-
of, shall be returned when the publication is completed, and the
certificate of the owner, editor or manager of the Aspen Times
shall be proof thereof.
Section 4
Upon the completion of the hearing, the City Council, by
resolution, will set forth its findings of fact and its conclu-
sions based thereon with reference to the following matters:
1. Whether or not the requirements of the applicable parts
of Sections 31-12-104 and 31-12-105, C.R.S., have been met.
2. Whether or not an election is required under Section
31-12-107(2), C.R.S.
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3. Whether or not additional
imposed upon the annexation.
Dated:
terms and conditions shall be
, 1984.
William L. Stirling, 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 , 1984.
Kathryn S. Koch, City Clerk
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EXHIBIT A