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Home My WebLink About1974-31 Emergency Ordinance Annexing a Portion of the Bighorn Area to the Town,1 ~; ORDINANCE NO. 31 Series of 1974 AN EMERGENCY ORDINANCE ANNEXING A PORTION OF THE BIGHORN AREA TO THE TOWN WHEREAS, at least ten per cent of the qualified electors, who are resident in and landowners of the area pro- posed to be annexed, which is situated in a county of less than twenty-five thousand inhabitants, filed a Petition for Annexa- tion Election with the Town Clerk of the Town of Vail, Colorado, on the 20th day of September, 1974, in accordance with Section 139-21-6(2), Colorado Revised Statutes 1963, as amended, request- ing the municipality to commence proceedings for the holding of an annexation election to determine the matter of the proposed State of Colorado, described in Exhibit A attached hereto and annexation of a portion of the Bighorn area, County of Eagle, made a part hereof, to the Town of Vail; WHEREAS, the Town Council of the Town of Vail, Colorado, hereinafter referred to as the "Town", found the Petition for Annexation Election to be in substantial compliance with Section 139-21-6(2), CRS 1963, as amended, and on the 24th day of Septem- ber, 1974, adopted Resolution No. 20, Series of 1974, which is incorporated by reference herein and made a part hereof; WHEREAS, on the basis of competent evidence presented in the public hearing on the Petition for Annexation Election on the 29th day of October, 1974, the Town Council determined that the applicable provisions of The 112unicipal Annexation Act of 1965, Chapter 139, Article 21, CRS 1963, as amended, had been satisfied and adopted Resolution No. 22, Series of 1974, which is incorporated by reference herein and made a part hereof; WHEREAS, the Town filed a Petition to Hold an Annexa- tion Election in the District Court in and for the County of Eagle, State of Colorado, on the 31st day of October, 1974, and on said date the court entered in Civil Action No. 2285 an Order Torn erk •~ ~ ~. Ord. 31, 1974 t • I~ ~' Page 2 to Hold an Annexation Election directing that the annexation election be held on the 10th day of December, 1974, and appoint- ing three election commissioners to call and hold the election, said petition and order being incorporated by reference herein and made parts hereof; WHEREAS, the Annexation Plat, which was approved by Resolution No. 22, Series of 1974, a copy of which was filed in Civil Action No. 2285, is incorporated by reference herein and made a part hereof; WHEREAS, an election was duly called by the election commissioners to be held on the 10th day of December, 1974, between the hours of 7:00 A.M. and 7:00 P.M., at a polling place situated in Unit A-5, Cedar Point Townhouses, 5177 Black Cxore Drive, in the portion of the Bighorn area proposed to be annexed, described in Exhibit A hereof; the notice of the election dated the 31st day of October, 1974, was published in The Eagle Valley Enterprise and The Vail Trail, two newspapers having general circulation in the area proposed to be annexed, once a week for four weeks and was posted at the polling place, said first pub- lication in each newspaper and posting occurring more than four weeks preceding the election; WHEREAS, in the annexation election held on the 10th day of December, 1974, 47 proper ballots were cast by qualified electors, of which there were 39 votes for annexation and 8 votes against annexation, as indicated in the Certificate of Election Result, which is incorporated by reference herein and made a part hereof ; WHEREAS, on the 12th day of December, 1974, the District Court entered an Order Authorizing Annexation in Civil Action No. 2285 authorizing the Town to annex without special terms or con- ditions the area proposed to be annexed, a certified copy of which (omitting Exhibit A) is attached hereto and made a part hereof; and Toy~n erk __~ r • ~ ~ Ord. 31, 1974 Page 3 WHEREAS, inasmuch as Section 139-21-12(3), CRS 1963, as amended, provides that an annexation shall be effective for the purpose of general taxation on the 1st day of January in the year after the effective date of the annexing ordinance, the Town Council considers that it is necessary for the preser- vat ion of the public property, health, welfare, peace, or safety to enact this ordinance as an emergency measure so that it will be effective in 1974 and the annexation will be effective for the purpose of general taxation on the 1st day of January, 1975; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This ordinance shall be known as the "Ordinance Annex- ing a Portion of the Bighorn Area to the Town" Section 2. Annexation of a Portion of the Bighorn Area to the Town. Pursuant to the Order Authorizing Annexation of the District Court in and for the County of Eagle, State of Colorado, entered in Civil Action No. 2285 on the 12th day of December, 1974, the Town of Vail, Colorado, hereby annexes without special terms or conditions a portion of the Bighorn area, County of Eagle, State of Colorado, described in Exhibit A hereof. Section 3. Annexation Costs. All costs and expenses connected with the annexation, including commissioner fees not exceeding for each commissioner $2.00 for each hour of necessary service, shall be paid by the Town of Vail, Colorado. Section 4. Filing of Copies of Annexation Plat and Annexing Ordinance. Within thirty days after the effective date hereof the Town Clerk of the Town of Vail, Colorado, shall file the original copy of the Annexation Plat, a copy of which was filed in Civil Action No. 2285 in the District Court in and for the i~ Tdwn Jerk ., ~ . Ord. 31, 1974 • ~" Page 4 County of Eagle, State of Colorado, with the original of this annexation ordinance in the records of the Town, a certified copy of this ordinance and one copy of said plat with the County Clerk and Recorder of the County of Eagle, State of Colorado, and a certified copy of this ordinance and one copy of said plat with the Division of Local Government of the Department of Local Affairs, State of Colorado. Section 5. Zoning of Annexed Bighorn Area. Within ninety days after the effective date hereof the Town of Vail, Colorado, shall impose zoning on the annexed Bighorn area in accordance with its Zoning Ordinance, Ordinance No. 8, Series of 1973. Section 6. Effective Date of Annexation. The annexation, except for the purpose of general taxation as provided in Section 7 hereof, shall take effect upon the effective date of this annexation ordinance. Section 7. Effective Date for General Taxation. For the purpose of general taxation the annexation shall be effective on and after the 1st day of January, 1975. Section 8. Effective Date. hereof. This ordinance shall take effect upon the passage INTRODUCED, READ AS AN EMERGENCY ORDINANCE, APPROVED, ENACTED TO TAKE EFFECT UPON FINAL PASSAGE ON THIS DATE, AND ORDERED PUBLISHED ONCE IN FULL WITHIN TEN DAYS AFTER PASSAGE OR AS SOON AS POSSIBLE, this 17th day of December, 1974. ATTEST: ~~ Q~/~ .~~_ -'town Cler / ~ . ~ . ~ :.~ EXHIBIT A LEGAL bESCRIPTION A parcel of land lying in the west 1/2 of the northwest 1/4 of Section 18, T. 5 S., R. 79 W. of the 6th principal meri- uian, Eagle County, Colorado, and described as: Beginning at the northwest corner of said Section 18; thence S 89°53' 24" E 247.70 feet along the north line of said Section 18 to the true point of beginning; thence continuing along said north line S 89°53'24" E 370.90 feet to the southern right- of-way line of U.S. Highway 6; thence along said right-of- way line on the following courses; S 61°25'24" E 736.25 feet, S 28°34'36" 64 40.00 feet, S 61°25'24" E 51.86 feet to the east line of the W 1/2 NW 1/4 Section 18; thence S 0°02'00" E 2223.38 feet along said east line to the south line of the northwest 1/4 of said Section 18; thence along said south line S 89°37'00" W 1296.82 feet to the west line of said 1/4 Section; thence along said west line N 00°26'00" E 528.27 feet; N 0°00'00" 1409.23 feet; thence N 90°00'00" 4J 7.00 feet; thence N 0°00'00" 177.00 feet; thence N 90°00'00" E 7.00 feet; thence N 25°01'59" E 585.38 feet to the true point of beginning, a tract of land which contains 73.983 acres, more or less. _. s- ~ • ~ ~ IN 'I'IIIs DIS'I'i: ~~. COURT I'= ^_'r'D FOR THE t.,~~;'NT1' OI' E ~~ s ST.~Tr OI~ COLO'; ':.10 Civil Ac. t;i_on No. 2285 I N TIIE AIATTL,P~ OF THE ) ANNEXATION OF A POIiTIOtiT ) OF TIIE I3I GHOF~N ~,it~.~A , ) EAGLE COUtiTI' , COI:OIiADO, } ~l'0 THE TOS'iN OF VAI L , ) COLORADO ) OIi.DER AUTiIOR I Z I NG ANNEXATION ,~ After consideration of the ex pane 1~otion for ~ Order Aut:horizi_ng Annexation filed herein pursuant to Section 139-21.-11(9), Colorado Revised Statutes 1963, as amended, and there being good cause therefor, IT IS IIEREBY ORDERED as fo11o~.~s 1. In accordance ~,~ith the result of the annexation election held on the 10th day of Decerriber, 1974, wherein there ~;lere 39 votes f.or annexation and 8 votes against annexation, a majority of the votes cast being in favor of annexation, the To~~m of Vail, Colorado, is authorized to annex without special terms or conditions a portion of the Bighorn area, Eagle County, Colorado, described i_n Exhibit A attached hereto and made a part hereof. 2. All costs and expenses connected ~i~ith the annexa- tion, including commissioner fees not exceeding for each com- missioner $2.00 for each hour of necessary service, shall be paid by the Tocvn of Vail, Colorado. DATED: Eagle, Colorado, this 12th day of December, 1974. Charles R. Casey JUDGE OI' THE ABOVE ENTITLED COURT i ~~ r I 7 v' ~_' l~ _-~ -- ~ ~~..11_i ~~.-°.... .. fork fay ..._w_ iT" ....~.~c.. ___........ Deputy Cf~rk