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HomeMy WebLinkAboutresolution.council.011-79RECORD OF PROCEEDINGS 100 Leaves RESOLUTION NO. // (Series of 1979) 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. 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, it is required by said Act that the Council determination of substantial compliance of an annexation petition be by Resolution and therefore of record; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That the Petition of Annexation of the above-described tract having been submitted to the City Clerk shall be, and hereby is, determined to be in compliance with the requirements of Section 31-12-107, C.R.S. 1973, as amended, the Colorado Municipal Annexation Act. 2. That it further be determined, and the City Council so finds, that the tract proposed for annexation, has more than two-thirds boundary contiguity to the boundaries of the City of Aspen, and such contiguity has existed for a period of not less than three (3) years, and is eligible for annexation under Section 31-12-106(2), C.R.S. 1973, as amended. 3. That it is the intent of the City Council to annex the area above-described if, after notice and hearing as provided in Sections 31-12-108 and 31-12-109, C.R.S. 1973, as amended, the City Council finds and determines that the proposed annexation complies with the provisions of Section 31-12-105, C.R.S. 1973, as amended. RECORD OF PROCEEDINGS 100 Leaves 31-12-109, C.R.S. 1973, day of ~ City Council Chambers, Dated: ~ ATTEST: City Clerk FINALLY A public hearing as provided in Sections 31-12-108 and as amended, shall be held on the ~V~-3 , 1979, at 5:00 P.M. in the Aspen City Hall, Aspen, Colorado. passed and appro' the day of ATTEST: 1979. ~Standl III Mayo~ Kathryn S. Ko( City Clerk -2- RECORD OF PROCEEDINGS 100 Leaves PETITION OF THE MAYOR OF THE CITY OF ASPEN TO ANNEX TERRITORY (AN ENCLAVE OF LAND WITH MORE THAN TWO-THIRDS BOUNDARY CONTIGUITY TO THE CITY OF ASPEN) PURSUANT TO SECTION 31-12-106(2) OF THE COLORADO MUNICIPAL ANNEXATION ACT provisions of Section 31-12-106(2), Colorado Municipal Annexation Act. undersigned alleges: The undersigned Mayor of the City of Aspen respectfully petitions the City Council of the City of Aspen to annex an unin- corporated tract of land with more than two-thirds boundary conti- guity to the City of Aspen, and to annex the same pursuant to the C.R.S. 1973, as amended, the In support hereof the 1. It is desirable and necessary that such tract be annexed to the municipality. 2. Said tract has more than two-thirds boundary contiguity to the City of Aspen for a period of not less than three (3) years, and is eligible for annexation by the City of Aspen under Section 31-12-106(2), C.R.S. 1973, as amended. 3. The provisions of Section 31-12-104 need not be met by virtue of the fact that the tract is an enclave and subject to unilateral annexation by the City of Aspen. 4. The undersigned is the Mayor of the City of Aspen and the tract to be annexed is within the County of Pitkin and State of Colorado, and is more particularly described in Exhibit "A" attached hereto and made a part hereof by reference. WHEREFORE, the undersigned, authorized by meeting held ~ the City Council at its , 1979, to present this petition, does hereby request the City of Aspen to approve the annexation of the property described in Exhibit "A" RECORD OF PROCEEDINGS 100 Leaves attached hereto and made a part hereof by reference pursuant to the authority granted the municipality by Section 31-89-106(2), C.R.S. 1973, as amended. Dated of signature: STATE OF COLORADO) ) County of Pitkin ) ~S~~~I I I MayI C ~Y~ne~rado ~% 130 s uth Cal 'V Aspe~ Colora~ 1611 , notary public, in and for the State of Colorado, do hereby certify that Stacy Standley III, Mayor of the City of Aspen, did personally appear before me on C.~_~_~t_ ~ , 1979, and sign the above Petition for the Annexation of Territory and did further swear and affirm that the averments contained in said Petition are true and correct My commission expires: to his own knowledge. ~ Notary PubI~U~- ' -2- JOINT RESOLUTION OF THE CITY COUNCIL, ASPEN, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO WHEREAS, the City Council of Aspe. n (hereinafter "Aspen") has approved and adopted on 7~2~ c~ , 1979, Resolution No. _/~ (attached hereto and incorporated herein by reference), setting forth certain Goals and Policies, General Statements, objections, and endorsements concerning the plan, program, or project of the United States Bureau of Reclamation and the Colorado River Water Conservation District for the use of Ruedi Reservoir; and WHEREAS, (hereinafter January 26, incorporated and Policies, · concerning the to Ruedi Reservoir; the Board of County Commissioners of Pitkin County "Pitkin County") has approved and adopted on 1976, Resolution No. 76-11 (attached hereto and herein by reference), setting forth certain Goals General Statements, objections and endorsements use and dis,osition of water rights adjudicated and ~' WHEREAS, the health and welfare of the citizenry of Aspen and Pitkin County are affected by and inextricably linked to the development and use of the public and private lands and use and allocation of Basin; and WHEREAS, River Water the water resources of the Roaring Fork River the Basalt Water Conservancy District and Colorado Conservation District have embarked upon certain .plans for the disposition of water adjudicated to the Ruedi are, in part, represented by with municipal and lease of varying amounts of a component of the Basalt and Reservoir; and WHEREAS~ the' foregoing plans an active solicitation of contracts industrial users .for the sale or Water from within Ruedi Reservoir, Fryingpan-Arkansas Projects, which would substJntially impair and negate recreational, aesthetic, and fish and wildlife values of Ruedi Reservoir and promote rapid development of the Roaring Fork River Basin; and WHEREAS, it is the determination of Aspen and that of Pitkin County that the following Goals and Policies set forth herein best protect and enhance the heRlth and welfare of the citizenry of Aspen and Pitkin County: 1. To preserve, protect, and promote conditions which enhance the physical and legal integrity of the water resources available for use by the citizenry of Aspen and Pitkin County; 2. To maintain adequate quality and quantity of water resources of Aspen and Pitkin County to support and promote agricultural, recreational, and fish interests; 3. To develop, maintain, and insure levels within the natural streams, lakes, reservoirs within Aspen and Pitkin County; and 4. To provide for the orderly growth of Aspen and Pitkin County to assure adequate County services to the local citizenry and a maintenance of recreational and scenic all to benefit from; and WHEREAS, Aspen and Pitkin County following General Statements opined from the aforementioned the City Council's and Board of 'a~d consideration: 1. Aspe? water resources which optimizes and acknowledge and wildlife minimum water and constructed lands within municipal and its visitors and environment for determine that the exemplify, elucidate, and are Goals and Policies and express County Commissioners' judgement and Pitkin County support the use of the in the Roaring Fork River Basin in a manner goals of all residents of the Western Slope that such optimization does not necessarily -2- and consumption of -Green Mountain and fish and municipal mandate the traditional maximum use those resources; 2. Aspen and Pitkin County support the prioritizing of waters committed to Western Slope use and stored in the Ruedi Reservoirs, first to recreational and only then to wildlife, and agricultural uses, and industrial use; 3. Aspen and Pitkin County oppose the construction any water development plan or tend to promote, stimulate or industrial growth in the Roaring Pitkin County support the preservation the natural resources of the Roaring specifically fish, wildlife, and including . flora, fauna, geology, and implementation of project, which would aggravate municipal or Fork River Basin; 4. Aspen and and enhancement of Fork River Basin, aesthetic resources, waters, and watercourses. 5. Aspen and rational, orderly Basin, the region, consideration of Pitkin County development of and the nation, alternative support and advocate the the Roaring Fork River and support and advocate resource development plans designed to achieve the aforementioned goals; and WHEREAS, Aspen and Pitkin County determine and adjudge that the following proposed features and plans of the Colorado River Water Conservation District are in contravention to the interests and goals of the citizenry of Aspen and Pitkin County, as set forth in the General Statements, and PCtkin County: 1. Any Bureau Conservancy District River Water that would aforementioned Goals and Policies and are therefore unacceptable to Aspen and of Reclamation project, Basalt Water program, plan, or project, or Colorado Conservation District program, plan, or project construct, sell, lease, or otherwise provide a -3- water delivery system for domestic, municipal, or industrial uses in the Roaring Fork River Basin; 2. Irrigation subsidies for small "residential farms" not producing food or fiber for marketing; and 3. Any program, plan, or project for the sale, lease, or other allocation of water from the Colorado River Water Conservation District or the Basalt Water Conservancy District which fails to adequately identify and assess economic, social, and environmental impacts associated with such a program, plan, or project and provide alternate programs, plans, or projects which would best serve to prevent, control, mitigate, or abate the adverse economic, sociml, and environmental effects. WHEREAS, Aspen and Pitkin County have determined and adjudged that the following proposes features and plans of the Colorado River Water Conservation District are not inconsistent with the interests of the citizenry of Aspen and Pitkin County, as set forth in the aforementioned Goals and Policies and General Statements, and are therefore acceptable: 1. Preservation and enhancement~ of agricultural and non-consumptive water rights in the Roaring Fork River Basin, including the development of legal constraints designed to prevent the change in use of such water rights from said uses to mun{cipal and industrial uses; 2o Maintenance of a minimum quantity of storage water within Ruedi Reservoir to preserve and enhance recreational, aesthetic, and fish and wildlife values; 3. Reduction of flood hazards ~nd discouraging development in a natural flood plain; 4. Support minimum~stream flows and storage levels by the purchase and acquisition of key senior water rights; and -4- WHEREAS, Aspen and Pitkin County are unable to support said program and plan for the sale of water from Ruedi Reservoir unconditionally, without abrogating its responsibilities to promote the best interests of the citizenry of the City of Aspen and the County of Pitkin; and WHEREAS, Aspen and Pitkin County wish to assure all interested parties of their desire to endorse water resource development beneficial to all citizens of the Western Slope, but which will not be detrimental to any citizens of the Western Slope. NOW, THEREFORE, BE IT RESOLVED by the City Council of Aspen, Colorado, and the Board of County Commissioners of Pitkin County, Colorado, that: 1o Aspen and Pitkin County shall countenance, endorse, and htilize its resources in the furtherance of the plans, proposals, and programs of the Basalt Water Conservancy District and the Colorado River Water Conservation District to develop the water resources of the Roaring Fork River Basin for the benefit of all residents of the Western Slope, insofar as those plans, proposals, and p~,ograms are in accord With thg aforementioned Goals and Policies, General Statements, and expressions of unacceptable and acceptable project features; 2. Aspen and Pitkin County shall not oppose the plans, proposals, consistent Conservancy District and programs of said districts which are herewith; PROVIDED, that said Basalt Water District and Colorado River Water Conservation immediately execute actions and successfully obtain, in the courts of proper jurisdiction and in accordance with C.R..S~ 1973, Secs. 37-45-143, 37-46-131, 37-92-301, 37-92-203, 13-51-101, and C.R.C.P. 57, a judicial declaration that: -5- A. The conditional water rights held by : districts, inconsistent with anything expressed herein, are abandoned; ~ B. The authorized purposes of the Basalt Water Conservancy District and the Colorado River Water ¢onersation District include development of agricultural and recreational water supplies for the lands and citizens within the District boundaries, furnishing municipal and industrial water supplies for use within existing boundaries of cities and towns now existing and located within said District, preservation and enhancement of residual lake, reservoir, and stream flows within said District and in the various waters and watercourses of said · district and development of land treatment of sewage effluent and urban storm runoff, but no other purposes; and that agricultural water allocated by the districts may not be changed from that use; C. The construction or advancement of any municipal or industrial water d~stributio~.system by the Basalt Water Conservancy District or the Colorado River Water Conservation District tending to promote, stimulate, or aggravate municipal or industrial growth within their respective district boundaries is contrary to the interests of the citizens of the City of Aspen and the County of Pitkin and is neither necessary nor convenient to the exercise of power of said District and therefore may not be pursued by said District pursuant to C.R.S. 1973, Sec. 37-45-118. D. That no -further sale of water from Ruedi Reservoir be undertaken by the Colorado River Water Conservation District, except as is consistent with -6- all applicable local governmental land use plans; -E. That such sales of water from Ruedi Reservoir shall only occur at times or in a manner that the surface recreational value of Ruedi Reservoir shall be preserved;- F. That all releases of water from Ruedi Reservoir to meet obligations under such contracts for sale shall be at times and in quantites necessary to satisfy all appropriate minimum stream flow requirements and established recreational stream flows. 3. The Colorado River Water Conservation District shall analyze the long-term cvmulative effect of all Ruedi Reservoir water sales and the effects of individual Ruedi sales prior to the entry into any contracts for the sale of such waters; 4. The Colorado River Water Conservation District shall establish guidelines with each local governmental entity relative to the sale of water out of Ruedi Reservoir such that no person needing to use water within the District boundaries 'shall be entitled to~'~%~im that the Colorado River Water Conservation District holds itself out to provide unlimited water service to all. Approved and adopte~ by the City Council of Aspen, Colorado, and the Board of County Commissioners of Pitkin County, Colorado, in regular session on this ~ day of May, 1979. ATTE ST: City CleVeR CITY D~A. $ P~ EN~,/~OLORAD O M?yor -7- ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By -8-