HomeMy WebLinkAbout1977-13 Regarding the Proposed Annexation of West Vail to the Town Through an Annexation ElectionR
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RESOLUTION NO.
Series of 19 7
A SECOND RESOLUTION REGARDING THE PROPOSED
ANNEXATION OF AN AREA GENERALLY WEST OF THE
TOWN OF VAIL, COMMONLY KNOThTN AS WEST VAIL,
TO THE TOWN THROUGH AN ANNEXATION ELECTION
WHEREAS, at least ten: percent of the 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 Deputy Town Clerk of the Town of Vail, hereinafter
referred to as the "Town", on the 7th day of June, 1977;
WHEREAS, in a public hearing on the 7th day of June,
1977, the Town Council of the Town considered said election
petition and found it to be in substantial compliance with the
requirements of Section 3i--12-107(2}, Colorado Revised Statutes
1973, as amended, and enacted Resolution No. 10, Series of 1977,
which set a second public hearing on said election petition at
the regular meeting of the Town Council on the 19th day of July,
1977, at 7:30 P.M., in the Municipal Building of the Town; and
WHEREAS, the Deputy Town Clerk gave notice of the public
hearing on said election petition to be held on the 19th day of
July, 1977, at 7:30 P.M., in accordance with Section 31-12--1OB(2},
C.R.S. 1973, as amended, received proof of publication of the
required notice, and attached the certificate of publication of
the newspaper to Resolution No. 10;
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
the 19th day of July, 1977, at 7:30 P.M., the Town Council of
the Town of Vail, Colorado, finds and determines as follows:
Res . I ~; Page 2 {~
a) At least ane-sixth of the perimeter of the
area proposed to be anne~:ed is contiguous with the
Town of Vail, Colorado, the annexing municipality; the
area proposed to be annexed is described in Exhibit A
hereof and shown on the Annexation Plat which is
incorporated herein by reference and made a part hereof.
b) A community of interest exists between the
territary proposed to be annexed and the annexing muni-
cipality; the territory proposed to be annexed is urban
or will be urbanized; and the territory proposed to be
annexed is integrated or is capable of being integrated
with the annexing municipality.
c) In establishing the boundaries of the territory
proposed to be annexed there was no division of any par-
cel of land therein held in identical ownership.
d) The territory proposed to be annexed does not
include an area of land held in identical ownership
that consists of twenty acres or more which, together
with the buildings and improvements situated thereon,
has an assessed valuation in excess of $200,000.00 for
ad valorem tax purposes in 1976.
e) No annexation proceeding concerning any part
of the territory proposed to be annexed has been com-
menced by another municipality.
f) Pursuant to the Petition for Annexation
Election which was filed with the annexing municipality,
an annexation election is required to determine the
matter of the proposed annexation.
2) Conclusions and Determinations.
Based on findings of fact set forth in paragraph
2) hereof, the Town Council reaches the conclusions and makes
the determinations as follows:
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Res. ~$ Page 3
a) The requirements of the applicable parts of
Sections 3I-12--10~ 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 imposi-
tion of additional terms and conditions is required
to determine the matter of the proposed annexation
under Section 33.-i2-107(2), C.R.S. 1973, as amended.
c) The Town of Vail, Colorado, shall file a
petition in the District Court in and for the County
of Eagle, State of Colorado, requesting the court to
appoint three commissioners to call and hold an
annexation election 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.
INTRODUCED, READ, APPROVED, AND ADOPTED, this 19th
day of July, 1977.
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