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Home My WebLink About09522Reception 2153030 09/19/2019 03:49:36 PM ORDINANCE NO. 9522 AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY KNOWN AS THE NORTH VISTA ENCLAVE ANNEXATION NO. 5 CONTAINING 0.630 ACRES TO THE CITY OF PUEBLO, COLORADO WHEREAS, the City Council hereby finds that the area proposed to be annexed has been entirely contained within the boundaries of the City for a period of not less than three years prior to this date and complies with all requirements for enclave annexation set forth in Colorado Revised Statutes Section 31-12-106; and, WHEREAS, the City Council hereby finds and determines that it is in the best interests of the City to annex said area to the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. SECTION 2. The following described area situated in Pueblo County, Colorado, is hereby annexed to Pueblo, a Colorado Municipal Corporation, and the official map of the City shall be amended to show such annexation: 1. AREA TO BE ANNEXED Parcels of land located in portions of Fountain Lake Subdivision located in the Northeast one-quarter (1/4) of Section 7, the Northwest one-quarter (1/4) of Section 8 and the Southeast one-quarter (1/4) of Section 6, Township 20 South, Range 64 West of the 6th P.M. in the County of Pueblo and State of Colorado, being more particularly described as follows: North Vista Enclave Annexation No. 5 All of Lots 15 and 16, Block 110 and all of Lake Avenue, Prospect Avenue and all of the alley adjacent thereto in Fountain Lake Subdivision according to the recorded plat as filed for record on December 12, 1888 at Reception No. 28609 in the office of the Pueblo County Clerk and Recorder; Containing 0.630 acres, more or less. 2153030 09/19/2019 03:49:36 PM Pag ert20rrtfiz3C1erk2/ c0ordderO Pu0eblo2Cou0nty Co SECTION 3. ■III POO i'kNAL'l'LLVAKiFiI44, 1I lIl Annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the Ordinances of the City. SECTION 4. Within thirty (30) days after the effective date of the Ordinance, the City Clerk shall: (a) File one copy of the annexation map with the original of this Ordinance in the office of the City Clerk; and, (b) File for recording three certified copies of this Ordinance and annexation map with the Pueblo County Clerk and Recorder; and, (c) File one certified copy of the annexation map and this Ordinance with the Southeastern Colorado Water Conservancy District. SECTION 5. The City Council hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Southeastern Colorado Water Conservancy District. SECTION 6. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of the Ordinance to implement the policies and procedures described herein. SECTION 7. This Ordinance shall become effective immediately upon final action by the Mayor and City Council and the annexation shall be effective for ad valorem tax purposes on and after January 1, 2020. Action by City Council: Introduced and initial adoption of Ordinance by City Council on August 12, 2019 . Final adoption of Ordinance by City Council on Augus 26 '19 . Presi.entVf ' ity Council 2153030 09/19/2019 03:49:36 PM Page: 3 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co Action by the Mayor: 1111 lO�.r�1F1�r''�IOT II�.�r��J NAVA +114, II II ig Approved on dier440/5/w-, a dy / . ❑ Disapproved on based on the following objections: '')/(t...t .d.#100,161Z134/4.4 Mayor Action by City Council After Disapproval by the Mayor: ❑ Council did not act to override the Mayor's veto. O Ordinance re-adopted on a vote of , on O Council action on failed to override the Mayor's veto. President of City Council ATTEST ®c• 41 CityClerk ('Ai ' 0 City Clerk’s Office Item # R-17 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: August 12, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY KNOWN AS THE NORTH VISTA ENCLAVE ANNEXATION NO. 5 CONTAINING 0.630 ACRES TO THE CITY OF PUEBLO, COLORADO SUMMARY: This Ordinance is requesting approval of the North Vista Enclave Annexation No. 5 containing 0.630 acres. PREVIOUS COUNCIL ACTION: None. BACKGROUND: On March 23, 2009 City Council approved the North Vista Annexation, which contained a 1,172.09-acre area located north of the University Hills and Walking Stick Filing No. 1 Subdivisions. A considerable portion of the North Vista Annexation area consists of the Fountain Lake Subdivision, which was a Pueblo County subdivision created in 1888. At the time of annexation, the North Vista Annexation Petitioners did not own the six parcels and adjacent rights-of-way. Since the six parcels were owned separately, they were not included in the North Vista Annexation and have remained as unincorporated parcels surrounded by Pueblo City Limits for the last 10 years. Section 31-12-106 of the Colorado Revised Statutes allows municipalities to annex property that has been surrounded by the boundaries of the City for a period of not less than three years. Since the North Vista Enclave Annexation, Properties 1-6, have been entirely contained within the City of Pueblo Boundaries for 10 years, the City is initiating Annexation of those properties. North Vista Enclave Annexation No. 5 is a 0.630-acre area located in the northwest portion of the Fountain Lake Subdivision, legally described as Lots 15 and 16, Block 110, Fountain Lake Subdivision, including the adjacent rights-of-way, Lake Avenue, Prospect Avenue, and adjacent alley. The property does not contain any residents and is less than 50 acres; therefore, an annexation transition committee is not required to be created, C.R.S. 31-12-106 (1) (II). FINANCIAL IMPLICATIONS: Upon annexation, the property shall become subject to the Charter, Ordinances, Resolutions, rules, and regulations of the City, but 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 area. 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. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission is not required to review an enclave annexation. STAKEHOLDER PROCESS: Notice of the proposed enclave annexation has been filed with taxing entities as required by Colorado Revised Statutes and the property owner. ALTERNATIVES: City Council could vote to not approve the annexation Ordinance and the property would remain as an unincorporated area surrounded by the City of Pueblo city limit boundary. RECOMMENDATION: Approval of the Ordinance. Attachments: Proposed Ordinance North Vista Enclave Annexation No. 5 Plat