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HomeMy WebLinkAboutordinance.council.016-82 ~ ~ RECORD OF PROCEEDINGS 100 Leaves ~ ~ ~ ORDINANCE NO. ~ (Series of 1982) ~ ORDNANCE ANNEXING A TRACT OF LAND KNOWN AS LOTS 1, 2, 3 ~D ~ FERGUSON EXEMPTION PLAT, LOCATED IN PITKIN COUNTY, COLORADO, WHICH ANNEXATION IS ACCOMPLISHED PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 WHEREAS, there has been submitted a Petition for Annexation of a tract of land known as Lots 1, 2, 3 and 4, Ferguson Exemption Plat, located in Pitkin County, Colorado, to the City of Aspen, which petition has been found to be in compliance with Section 31-8-107(1)(c), C.R.S. 1973, a part of the Colorado Annexation Act; and WHEREAS, the City Council has further considered the proposed annexation as described in the Petition for Annexation (herein- after "Petition") and accompanying plat, and has determined that: 1. The signatures on the Petition represent the owners of one hundred (100) percent of the land proposed for annexation. 2. Not less than one-sixth (1/6) of the perimeter of the area to be annexed is contiguous to the City of Aspen. 3. There exists a community of interest between the tract to be annexed and the City of Aspen; the tract to be annexed is urban or will be urbanized in the near future; and the tract to be annexed is integrated or capable of being integrated with the City of Aspen. 4. The annexation will not affect the constitution of any existent school district. 5. The petition satisfies the statutory requirements of the Municipal Annexation Act, both as to substance and form; and WHEREAS, the Colorado Annexation Act provides that where a Petition is signed by an owner of one hundred (100) percent of the property proposed to be annexed, the City Council may, by ordin- ance, annex without notice or hearing (other than that incident to RECORD OF PROCEEDINGS 100 Leaves ordinance adoption) and without election, and the City Council now wishes to so proceed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the following described tract, situate in Pitkin County, Colorado, be and hereby is annexed to the City of Aspen, Colorado, pursuant to the provisions of the Colorado Municipal Annexation Act: Lots 1, 2, 3 and 4, Ferguson Exemption Plat according to the Map thereof recorded June 1, 1981, in Plat Book 11 at Page 59, County of Pitkin, State of Colorado. Section 2 That the terms and conditions set forth in Resolution 80-1 of the Board of County Commissioners, recorded in Book 382 at Page 162 regarding the employee housing on the property to be annexed remain in effect and are incorporated by reference herein as if fully set forth herein. Section 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4 A public hearing on the ordinance shall be held on the ~ day of ~ , 1982, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. 2 RECORD OF PROCEEDINGS 100 Leaves INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held on the /~-~ay of ~ , 1982. Mayor Kathryn $.~och City Clerk-- ~r~BBY adoptod, passod and approvod on ~ho  , 1982. ., ..... .. ~ . Herman City'Clerk RECORD OF PROCEEDINGS 100 Leaves o~ ..... OF COLORADO CE~ZTiF ICAT~ COUNTY OF PITKIN !, Kathryn S. Koch, City Clerk ,_.f Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, an~i passed on ~ reading at 'a regular meeting of 'the Clay Council of the City of Aspen on ~ /~ , 19 ~ and pub].ished in the Aspen Time6 a w~ek].y newspaper of general circul- ation, published ~ .... khe City of ~ . ~..~p~.n, Colorado, in , z9 and was finally adopted and ~.pproved at a regular meeting ef m~e Cmhy Council on .._~ ~ .[{¢ ~.~_ and erd¢_red publis]'~ed as NO. ~ '~ '~: by law. ~, ..~ ........ ~ ......EOF I have hereu~to set my hand ~nd ......~ s~a! ef sald C][:.~ e~..~ Am}eh..._ , Oolorado,~. . this ~ day of , 19 ~.