HomeMy WebLinkAbout1980-24 Regarding the Proposed Annexation of West VailRESOLUTION N0. y' ~"~~
Series of 1980
A SECONp RESOLUTION REGARDING THE PROPOSED
ANNEXATION OF .~N AREA GENERALLY WEST OF THE
TOWN OF' VAIL, COMPhONLY KNOWN AS WEST VIiIL,
TO THE TOWN T~iROUGH AN ANNEXATION ELECTION
WHEREAS, Ott least forty qualified electors, who are
resident in and landowners of the area proposed to be annexed,
described in Exhibit A attached hereto and made a part hereof,
which is situated in a county of less than twenty-five thousand
inhabitants, filed a Petition for Annexation Election with the
Town Clerk of the Town of Vail, hereinafter referred to
as the "Town" which was referred to the Town Council on the 19th
day of August 1.980.
WHEREAS, in a public hearing on the 19th day of August,
1980, the Town Council of the Town cons.~.dered said election
petition and found it to be in substantial compliance with the
requirements of Section 31-12-107(2), Colorado Revised Statutes
1973, as amended, and enacted Resolution No. 20, Series of 1980,
which set a second public hearing on said election petition at
a public meeting of the Town Council on the 23rd day of September,
1.980, at 7:30 P.M., in the Municipal BuiJ.ding of the Town; and
WHEREAS, the Town Clerk gave notice of the public
hearing on said election petition to be held on the 23rd day of
September, 1980, at 7:30 P.M., in accordance with Section 31-12-108(2),
C.R.S. 1973, as amended. The notice, along with a copy of Resolution
No.20, Series of 1980 were published in the Vail Trail, a newspaper
of general circulation in the area proposed to be annexed, on
August 22,29, September 5,12, & 19, 1980. The Town Clerk has
received proof of publication of the required notice, and the
certificate of publication is included in the records of the
Town Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO, THAT:
1) Findings of Fact.
On the basis of competent evidence presented in
the public hearing on the Petition for Annexation Election on
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the 23rd day of September, 1980, at 7:30 P.M., the Town Council of
the Tow~i of Vail, Colorado, finds and determines as follows:
a) That no less than one.-sixth of the aggregate
external boundaries of the territory hereby proposed to be annexed
to the Town of Vail is contiguous to the Tawn limits of the Town
of Vail.
b} That a community of interest exists between the
above described territory and the Town of Vail, and that the same
is urban, or will be urbanized in the near future, and further
that the said territory is integrated or is capable of being
integrated into the Town of Vail.
c) That in establishing the boundaries of the above
described territory, no land held in identical ownership, whether
consisting of one tract or parcel of real estate or two ox' more
contiguous tracts or parcels of real estate, has been divided
into separate parts or parcels without the written consent of the
landowner or landowners thereof, except and unless such tracts or
parcels are already separated by a dedicated street, road, or other
public way.
d) That in establishing the boundaries of the above
described territory, no land held in identical ownership, whether
consisting of one tract or parcel of real estate or two or more
contiguous tracts or parcels of real estate comprising twenty
acres or more which together with the buildings and improvements
situated thereon, have an assessed valuation in excess of $200,000
for ad valorem tax purposes for the year next preceding the filing
of .the within petition, has been included within the above described
territory without the written consent of the landowner or landowners
thereof.
e) That the above described territory does not include
any area which is the same or substantially the same area in
which an election for an annexation to the Town of Vail was held
within the twelve months preceding the filing of this petition.
f} That the above described territory does not include
i
Page 3
any area included in annexation proceedings i€~volving a
municipality other than the Town of Vail.
g) That the above described '.erritory is not
presently a part of any incorporated cit~.y, city and county, or
town.
h) That the annexation of the proposed area will
not detach area from any school district.
2) Conclusions and Determinations
Based on findings of fact set forth in paragraph
2) hereof, the Town Council reaches the conclusions and makes
the determinations as follows:
a) The requirements of the applicable parts of
Sections 31-12-104 and 31-12-105, C.R.S. 1973, as amended, have
been met with respect to the proposed annexation.
b) An annexation election. without the imposition of
additional terms and conditions is required to determine the matter
of the proposed annexation under Section 31-12--1fl7 (Z), C.R,S.
1973, as amended.
c) The Town of Vail, Colorado, shall file a petition
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in the District Court in and for the Caunty of Eagle, State of
Colorado, requesting the court to appoint three commissioners
to call and hold an annexation election on November 4, 1980 to
determine the matter of the proposed annexation in accordance with
the Municipal Election Code, and after the election, if the majority
of the votes cast is in favor of annexation, to enter an order
that the territory proposed to be annexed may be annexed by the
Town by ordinance.
3) This resolution shall take effect upon its adoption.
INTRODTICED, READ, APPROVED, AND ADAPTED, this 23rd day
of September, 1.980.
ATTES ~~ ~-
Town Clerk `
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Mayor Pro ''i'em
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