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HomeMy WebLinkAboutordinance.council.018-07 ~ ORDINANCE NO. ~8 (Series of 2007) ~~ V ~ \~lo-:Y AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE DISCONNECTION OF CERTAIN TERRITORY FROM THE CITY OF ASPEN, COLORADO, KNOWN AND DESIGNATED AS THE "LITTLE STAR FOUNDATION RANCH DE-ANNEXATION." WHEREAS, on March 7, 2007, the owner of the property proposed to be disconnected from the City of Aspen did fIle with the City Clerk of the City of Aspen a "Petition for Disconnection by Ordinance" pursuant to Section 31-12-501, C.R.S; and WHEREAS, Section 31-12-501, C.R.S. sets forth the procedure required to disconnect a tract of land within and adjacent to the boundary of a city. WHEREAS, the City Council does hereby find and determine that approval of the Petition for Disconnection of said territory to be in the City's best interest; 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 Disconnection, commonly referred to as the "Little Star Foundation Ranch de-annexation", and as legally described below, is hereby disconnected from the City of Aspen, Colorado, in accordance with Section 31-12-501, C. R.S. Lot 5, Stillwater Ranch SubdivisionlPUD, according to the Final Plat thereof recorded December 30, 1994, in Plat Book 35 at Page 86 of the real property records of Pitkin County, Colorado. Section 2. The City Clerk of the City of Aspen is hereby directed as follows: (a) To file one (1) certified copy of this ordinance in the office of the City Clerk of the City of Aspen. (b) To certify and file two (2) copies of this ordinance 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 ordinance 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 ordinance. Section 4. The land so disconnected shall not thereby be exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness contracted by the City of Aspen while such land was within the limits thereof and which remain unpaid and for the payment of which said land could lawfully be taxed. Section 5. 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 thereof. Section 6. 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. 2 . A public hearing on the ordinance shall be held on the _ day of in the City Council Chambers, Aspen City Hall, Aspen, Colorado. ,2007, INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the day of , 2007. Helen Kalin KIanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this ,2007. day of Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk JPW- saved: 3/8/2007-592-G:\john\word\ords\little star disconnect.doc 3