HomeMy WebLinkAboutresolution.council.024-84RECORD OF' PROCEEDINGS
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RESOLUTION NO. ~
(Series of 1984)'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN FINDING THAT
A PETITION FOR ANNEXATION ELECTION, DATED FEBRUARY 1, 1984, FOR
ANNEXATION OF PROPRERTY COMMONLY KNO~ AS THE SMUGGLER AREA TO THE
CITY OF ASPEN IS NOT IN SUBSTANTIAL COMPLIANCE WITH THE REQUIRE-
MENTS OF THE MUNICIPAL ANNEXATION ACT OF 1965
WHEREAS, on or about February
tion election (hereinafter "petition"),
incorporated herein by this reference,
a petition for annexa-
dated February 1, 1984,
pertaining to the annexa-
2, 1984,
tion of that real property more particularly described in said
petition, commonly referred to as the Smuggler Area, was filed
with the City Clerk; and
WHEREAS, the City Clerk referred the petition as a communica-
tion to the City Council for appropriate action to determine if
the petition is substantially in compliance with requirements of
the Municipal Annexation Act of 1965, in particular subsection (2)
of Section 31-12-107, C.R.S.; and
WHEREAS, by correspondence dated February 6, 1984, numerous
owners of an undivided fee interest in the land described in the
petition objected to the sufficiency of the petition; and
WHEREAS, proponents of the Smuggler Area annexation have been
advised by the City Attorney of ways to remedy the deficiencies
and have failed to do so; and
WHEREAS, in view of the fact that deficiencies have not been
remedied nor has any proponent appeared before the City Council
with regard to said deficiencies, the City Council, upon the
advice of the City Attorney and the City Clerk, has determined
that the petition for annexation election is not in substantial
compliance with the requirements of the Municipal Annexation Act
of 1965, in particular the requirements of Section (2)(a), in that
with respect to the objections so filed, the petition does not
RECORD OF PROCEEDINGS
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meet the requirement that it be signed by "at least 40 qualified
electors or 10% of said electors, whichever is less ..."
NOW, THEREFORE, BE
CITY OF ASPEN, COLORADO:
Section 1
That
1984, and
IT RESOLVED BY THE CITY COUNCIL OF THE
the petition for annexation election, dated February 1,
filed with the City Clerk on February 2, 1984, which
petition is incorporated herein by reference, is found and deter-
mined not to be in substantial compliance with the Municipal
Annexation Act of 1965, in particular subsection (2) of Section
31-12-107, C.R.S. for the reasons hereinabove stated. Dated: ~~ ~/- , 1984.
William L. Stirling, Mayory
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 ~~k~,~ /~ , 1984.
Kathryn S~,~och,~ City Clerk
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