HomeMy WebLinkAbout11885RESOLUTION NO. 11885
A RESOLUTION APPROVING AND ADOPTING
FINDINGS AND DETERMINATIONS CONCERNING
THE PROPOSED ANNEXATION OF THE AREA
COMMONLY KNOWN AS BLACK HILLS ANNEXATION
PHASE 1 AND DESCRIBED AS LAND EAST OF
BACULITE MESA ROAD AND NORTH OF PETE
JIMENEZ PARKWAY
WHEREAS, the Pueblo City Council commenced on May 24, 2010 and
concluded a public hearing on May 24, 2010, for the purpose of determining and finding
whether or not the area proposed to be annexed and described in Resolution No. 11841
and the annexation plat (herein “area to be annexed”) meets the applicable
requirements of C.R.S. 31-12-104 and 105; and
§
WHEREAS, the Pueblo City Council has now considered the testimony and
evidence presented at the public hearing including the annexation plat of the area to be
annexed, prepared and certified by Johnny D. Holland under the date of May 3, 2010;
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City Council hereby finds and determines that: (a) a petition has been
received for the annexation of the area to be annexed, and that such petition has been
signed by persons comprising more than fifty percent of the landowners in the area to
be annexed and owning more than fifty percent of the area to be annexed, excluding
public streets and alleys, and any land owned by the City of Pueblo, (b) the boundaries
of the area to be annexed do not divide into separate parts or parcels any land held in
identical ownership without the consent of the landowners as restricted and defined by
C.R.S. §31-12-105 (2)(a) the area to be annexed does not include, without the consent
of the landowners, land held in identical ownership comprising twenty (20) acres or
more which, together with the buildings and improvements situated thereon has an
assessed value in excess of $200,000 for ad valorem tax purposes for the year
preceding the annexation, (c) no annexation proceedings have been commenced for
annexation to another municipality of part or all of the area to be annexed, (d) the area
to be annexed meets the applicable requirements of C.R.S. §31-12-104
and 105, and (e) that a community of interest exists between the area to be annexed
and the City of Pueblo in that said area is urban or will be urbanized in the near future,
and that the area to be annexed is integrated with or is capable of being integrated with
the City of Pueblo.
SECTION 2.
The City Council hereby finds and determines that an annexation election under
C.R.S. §31-12-107 (2) is not required.
SECTION 3.
The City Council hereby finds and determines that other than those set forth in
the Petition for Annexation and Annexation Agreement no additional terms or conditions
are to be imposed upon the area to be annexed.
SECTION 4.
The City Council hereby finds and determines that not less than one-sixth of the
perimeter of the area to be annexed is contiguous with the existing boundaries of the
City of Pueblo, the annexation will not result in the extension of the City’s boundaries
more than three miles, the City has in place a plan for the area to be annexed
complying with the requirements of C.R.S. §31-12-105(1)(e)(I), and the entire width of
all streets and alleys to be annexed are included within the boundaries of the area to be
annexed.
SECTION 5.
This Resolution shall become effective immediately upon final passage and
approval.
INTRODUCED: May 24, 2010
BY: Vera Ortegon
COUNCILPERSON
Background Paper for Proposed
RESOLUTION
DATE: MAY 24, 2010 AGENDA ITEM # K-1
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
A RESOLUTION APPROVING AND ADOPTING FINDINGS AND DETERMINATIONS
CONCERNING THE PROPOSED ANNEXATION OF THE AREA COMMONLY
KNOWN AS BLACK HILLS ANNEXATION PHASE 1 AND DESCRIBED AS LAND
EAST OF BACULITE MESA ROAD AND NORTH OF PETE JIMENEZ PARKWAY
ISSUE
Shall City Council approve and adopt findings and determinations that the Black Hills
Annexation, Phase 1 meets the applicable requirements of C.R.S. §31-12-104 and 105?
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
The Black Hills Annexation, Phase 1, submitted by Black Hills/Colorado Electric Utility
Company LP and Black Hills Colorado Independent Power Producers LLC (IPP) is
comprised of 5.003 acres. The area to be annexed is located within the boundaries of
the City of Pueblo’s Master Annexation Plan. This Resolution determines that the Black
Hills Annexation, Phase 1 is found and determined to meet the applicable requirements
of the Colorado Revised Statutes §31-12-104 and 105establishing eligibility for
annexation under the Municipal Annexation Act of 1965. The findings and
determination include:
1. The area proposed for annexation has at least one-sixth of its perimeter
boundary that is contiguous with the boundaries of the City of Pueblo.
2. A community of interest exists between the area to be annexed and the City of
Pueblo in that the area is urban or will be urbanized in the near future, and that
the area to be annexed is integrated with or is capable of being integrated with
the City of Pueblo.
3. The annexation petition contains signatures of 100% of the owners of the area to
be annexed into the City of Pueblo.
4. The boundaries of the area to be annexed do not divide any land held in identical
ownership into separate parts or parcels without the consent of the landowners.
5. The area to be annexed does not include, without the consent of the landowners,
land held in identical ownership comprising twenty (20) acres or more which,
together with the buildings and improvements situated thereon has an assessed
value in excess of $200,000 for ad valorem tax purposes for the year preceding
the annexation.
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 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 will be maintained by the City of Pueblo once they have been
constructed and accepted by the City.