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HomeMy WebLinkAbout11886RESOLUTION NO. 11886 A RESOLUTION APPROVING AND ADOPTING FINDINGS AND DETERMINATIONS CONCERNING THE PROPOSED ANNEXATION OF THE AREA COMMONLY KNOWN AS BLACK HILLS ANNEXATION PHASE 2 AND DESCRIBED AS 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. 11842 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: Judy Weaver COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: MAY 24, 2010 AGENDA ITEM # K-2 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 2 AND DESCRIBED AS EAST OF BACULITE MESA ROAD AND NORTH OF PETE JIMENEZ PARKWAY ISSUE Shall City Council approve and adopt findings and determination that the Black Hills Annexation, Phase 2 meets the applicable requirements of C.R.S. §31-12-104 and 105? RECOMMENDATION Approval of the Resolution. BACKGROUND The Black Hills Annexation, Phase 2, submitted by Black Hills/Colorado Electric Utility Company LP and Black Hills Colorado Independent Power Producers LLC (IPP) is comprised of 76.367 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 2 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.