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HomeMy WebLinkAbout10208RESOLUTION NO. 10208 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE WITH COLORADO REVISED STATUTES SECTION 31 -12 -107 (1) OF THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS PETERSELL ANNEXATION AND DESCRIBED AS APPROXIMATELY 1.18 ACRES OF THE ARKANSAS VALLEY CONDUIT LOCATED SOUTH OF SIENA DRIVE AND NORTH OF COLORADO STATE HIGHWAY 78 WHEREAS, a Petition For Annexation of the area described in Section 1 hereof has been filed with the City Clerk, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 _ The Petition For Annexation of the following described area situated in Pueblo County, Colorado, is hereby found and determined to be in substantial compliance with the provisions of C.R.S. §31 -12 -107 (1): A portion of the Arkansas Valley Conduit, being 60 feet in width in the NW '/4 of Section 16, Township 21 South, Range 65 West of the 6 th P.M. lying North of the Northerly right -of -way line of Colorado State Highway No. 78, as presently located, in the County of Pueblo, State of Colorado. Containing 1.18 acres, more or less. SECTION 2. A public hearing to determine if the area proposed to be annexed meets the applicable requirements of C.R.S. §31 -12 -104 and C.R.S. §31 -12 -105 to establish eligibility for annexation under the Municipal Annexation Act of 1965 shall be held before the City Council in Council Chambers, Second Floor, City Hall, One City Hall Place, Pueblo, Colorado on Monday, September 27, 2004, commencing at 7:00 p.m. or as soon thereafter as City Council business allows. The City Clerk shall publish notice of the public hearing once a week for four successive weeks in the Pueblo Chieftain. The first publication of such notice shall be at least thirty (30) days prior to the date of the hearing. A copy of the published notice, together with a copy of the Petition for Annexation, shall be sent by registered mail by the City Clerk to the Board of County Commissioners and the County Attorney of Pueblo County and to any school district or special district having territory within the area to be annexed at least twenty five days prior to the date of the hearing. INTRODUCED August 23, 2004 BY Michael Occhiato Councilperson now ar i Background Paper for Proposed RESOLUTION AGENDA ITEM * / D DATE: AUGUST 23, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /JIM MUNCH TITLE A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE WITH COLORADO REVISED STATUTES SECTION 31 -12 -107 (1) OF THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS PETERSELL ANNEXATION AND DESCRIBED AS APPROXIMATELY 1.18 ACRES OF THE ARKANSAS VALLEY CONDUIT LOCATED SOUTH OF SIENA DRIVE AND NORTH OF COLORADO STATE HIGHWAY 78 ISSUE Shall the City Council approve and adopt findings and determination concerning the proposed annexation? RECOMMENDATION The Planning and Zoning Commission recommends approval of the annexation by a 6-0 vote. ¢MKQROUND The Petersell Annexation submitted by Ridgegate at Pueblo, LLC comprises 1.18 acres of the Arkansas Valley Conduit located south of Siena Drive and north of Colorado State Highway 78. This Resolution determines that the Petition for Annexation is found and determined to be in substantial compliance with the provisions of the Colorado Revised Statutes 31- 12- 107(1). A public hearing is scheduled for September 27, 2004 to determine if the area proposed to be annexed meets the applicable requirements of C.R.S. 31 -12 -104 and 31 -12 -105 to establish eligibility for annexation under the Municipal Annexation Act of 1965. It also directs the City Clerk to publish notice of public hearing once a week for four successive weeks in the Pueblo Chieftain. By approving the attached resolution City Council finds the annexation petition is in substantial compliance with state annexation statutes and sets the date of September 27, 2004 for a public hearing. The date for the first presentation of the Ordinance For Annexation is scheduled for September 13, 2004. FINANCIAL IMPACT The Petitioner acknowledges and agrees that upon the annexation of the area proposed to be annexed, the area shall become subject to the Charter, ordinances, resolutions, rules and regulations of the City, but that the City shall have no obligation to furnish or extend municipal services, including but not limited to sanitary sewer services, to the area proposed to be annexed. The City of Pueblo will provide police and fire protection services to the property, in addition the public roads and sanitary sewer main extensions will be maintained by the City of Pueblo once they have been constructed and accepted by the City.