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HomeMy WebLinkAboutordinance.council.026-79RECORD OF PROCEEDINGS ORDINANCE NO. 26 (Series of 1979) 100 Leaves AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF ASPEN, COLORADO. 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; and 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, the City Council has determined that the tract proposed for annexation Section 31-12-106(2) of Act; and is eligible for annexation under the Colorado Municipal Annexation WHEREAS, the City Council did adopt on March 12, 1979, Resolution No. 7 (Series of 1979) setting forth the intent of the governing body to annex the area above-described if, after notice and hearing, the City Council did find and determine that the proposed annexation did comply with the provisions of Section 31-12-105, C.R.S. 1973, as amended, the Colorado Municipal Annexation Act; and WHEREAS, a public hearing as provided in Sections 31-12-108 and 31-12-109 of the Colorado Municipal Annexation Act was held on the 16th day of April, 1979, and the City Council has made the following determinations: 1. That the provided amended, City Clerk properly provided notice as in Section 31-12-108, C.R.S. 1973, as the Colorado Municipal Annexation Act, by RECORD OF PROCEEDINGS 100 Leaves e publication of a copy of Resolution No. 7 (Series of 1979) together with notice that, on the given date and at the given time and place set by the City Council, the Council would hold a hearing upon such Resolution for the purpose of determining and find- ing whether the area proposed to be annexed meets the applicable requirements of Section 31-12-105, C.R.S. 1973, as amended, the Colorado Municipal Annexation Act, and is eligible for annexation. Publication was made once a week for four (4) suc- cessive weeks in a newspaper of general circulation in the area proposed for annexation, the Aspen Times. That in the established boundaries of the territory to be annexed, no land held in identical ownership is divided into separate parts or parcels without the written consent of the landowners thereof. That in the established boundaries of the territory to be annexed, no land held in identical ownership comprising twenty (20) acres or more is included the written consent of the landowners without thereof. That no for the 4. annexation proceedings have been commenced annexation of part or all of such territory to another municipality. 5. That annexation will not result in the detachment of area from any school district and the attachment of the same to another school district. 6. That the area proposed to be annexed meets the applicable requirements of Section 31-12-105, C.R.S. 1973, as amended, the Colorado Municipal Annexation Act, and is therefore eligable for annexation. -2- RECORD OF PROCEEDINGS 100 Leaves NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the territory described in Exhibit "A" attached hereto be and hereby is annexed to the City of Aspen, Colo- rado, pursuant to the Colorado Municipal Annexation Act. Section 2. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the pro- visions or applications of this ordinance are declared to be severable. Section 3. By reason of the fact that the City Council desires to complete said annexation in sufficient time to allow the inhabitants of the area to vote in the General Municipal Election to be held May 8, 1979, and by reason of the fact that the City must use the 1979 building season so as to make certain improvements in the area, it is hereby declared this ordinance is necessary the public property, health, roads constructed within the that an emergency exists and that to the immediate preservation of peace and safety, that it shall be in thereafter as possible. Section 4. full force and effect upon final passage, or as soon This ordinance, as adopted by the City Council, be numbered and recorded in the official records of Its shall the City. adoption and publication shall be authenticated by the -3- RECORD OF PROCEEDINGS 100 Leaves signature of the Mayor, or Mayor Pro Tem, and the City Clerk, and by the certificate of publication. AND APPROVED on first  D , 1979. ATTEST: reading this /~day of Stacy ~andley _III May°rl Kathryn S. Koch City Clerk FINALLY adopted, day of passed and approved on the , 1979. ATTEST: Stacy Standley III Mayor Kathryn S. Koch City Clerk -4- STATE OF COLORADO ) ) COUNTY OF PITKIN ) ) CITY OF ASPEN ) SS. The City Council of the City of Aspen, Pitkin County, Col6rado, met in regular session, in full conformity with the law and the ordinances and rules of said Council, at the City Hall Building, 130 South Galena Street in the City, being the regular meeting place of the Council, on Monday, April 9, of ~ ~3_.m. Upon roll call, ! present constituting a quorum: Present: Mayor: Mayor Pro Tem: Other Councilmen: Absent: the following were 1979, at the hour found to be Stacy Standley Michael Behrendt Thomas Isaac Ellen Anderson George Parry John Van Ness Steve Wishart constituting all the members of the City Council. There were also present: City Clerk: City Manager: Director of Finance: City Attorney: Thereupon, were had and taken. Kathryn Koch Philip S. Mahoney Lois Butterbaugh Ronald W. Stock the following proceedings, among others, -1- ~~f~_ ~ introduced an ordinance, which ordinance was thereupon read by title, printed copies thereof having been distributed to all Councilmen and to those in attendance, and which ordinance, consisting of pages (1) to (10), inclusive, is as follows: -2-