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Home My WebLink About09668Reception 2171258 03/05/2020 03:23:33 PM ORDINANCE NO. 9668 AN ORDINANCE ANNEXING UNINCORPORATED MUNICIPALLY OWNED LAND CONTAINING 0.97 ACRES COMMONLY KNOWN AS LOT 51, PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION, TO THE CITY OF PUEBLO, COLORADO WHEREAS, pursuant to §31-12-106(3) C.R.S., the City Council has the authority to annex unincorporated municipally owned land by Ordinance without notice of hearing as provided in §31-12-108 and 109 C.R.S.; 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 AND PROPOSED NEW CITY LIMITS LINE: Beginning at the northwest corner of Lot 51, Pueblo Memorial Industrial Park Subdivision, according to the recorded plat thereof, filed for record October 11, 1995 in Book 2836 at Pages 665-670, Reception #1096136 in the records of the Pueblo County Clerk and Recorder; thence southeasterly along the northeasterly line of Lot 51 the following two (2) courses: 1.) S 54°59'39" E, a distance of 232.41 feet; 2.) S 46°32'32" E, a distance of 135.13 feet to the southeast corner of Lot 51; Thence S 43°23'39" W, a distance of 144.24 feet to the southwest corner of Lot 51; Thence northwesterly and northerly along the easterly right-of-way line of Braniff Street the following three (3) courses: 1.) N 46°36'21" W, a distance of 188.50 feet; 2171258 03/05/2020 03:23:33 PM Page: 2 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 1111 k1r.dtri i ilot�'1�4�I1��l'��F'��'��1 UM Wilk 11111 2.) Northerly along a tangent curve to the right having a radius of 160.00 feet, a delta of 45°05'30" and a length of 125.92 feet; 3.) N 01°30'51" W, a distance of 89.58 feet to the NW corner of Lot 51 to the point of beginning. Said lot contains an area of 0.97 acre, more or less. SECTION 3. The City Council hereby finds and determines that the City owns the area annexed and it is not solely a public street or right-of-way. SECTION 4. The City Council hereby finds and determines that (i) the annexed area is eligible for annexation as set out in §31-12-104(1)(a) and 31-12-105 C.R.S., (ii) 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, (iii) at least fifty percent of the 0.97 acre of land is within the three-mile limit, (iv) the City has in place a plan for the entire 0.97 acre of land to be annexed and (v) an election is not required under §31-12-107(2) C.R.S. SECTION 5. 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 6. 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. 2171258 03/05/2020 03:23:33 PM Page: 3 of 4 R 28.00 D 0.00 1 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co VIII14!�.rWl��«�I I�a',IiiLF'��dh 1IW' I?I �'�i'kJ, 11111 SECTION 7. This Ordinance shall become effective immediately upon final passage and the annexation shall be effective for ad valorem tax purposes on and after January 1, 2021. SECTION 8. 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. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 2171258 03/05/2020 03:23:33 PM Page: 4 of 4 R 28.00 D 0.00 1 28.00 Gilbert Ortiz ClerklRecorder; Pueblo County. Co SECTION 9. ■III MICH.01117,1%1V11111,'rr.hifilklAIVIVWM, 11111 This Ordinance shall become effective immediately upon final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on February 10, 2020. Final adoption of Ordinance by City Council on Februa l 24 2020 . /,."mmigiA.,/ Preside't of City Council Action by the Mayor: IL_ Approved on aaz -- ,-o .1.p . ❑ Disapproved on based on the following objections: 'eae� Mayor Action by City Council After Disapproval by the Mayor: 0 Council did not act to override the Mayor's veto. 0 Ordinance re-adopted on a vote of , on 0 Council action on failed to override the Mayor's veto. 14045"Q c�i-\ident of City Council 04 A o, ATTEST 4 \ : t!2, c --&-k-a' (fix_ WI � � ' )-,?,''3.4!,41)?: City Clerk S,^y ` l Daus c ai "`'a�-- , ,'S City Clerk’s Office Item # R-6 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: February 10, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN ORDINANCE ANNEXING UNINCORPORATED MUNICIPALLY OWNED LAND CONTAINING 0.97 ACRES COMMONLY KNOWN AS LOT 51, PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION, TO THE CITY OF PUEBLO, COLORADO SUMMARY: This Ordinance is requesting approval of the Pueblo Memorial Airport Industrial Park Lot 51 Annexation containing .97 acres. PREVIOUS COUNCIL ACTION: None. BACKGROUND: An Ordinance is scheduled for final reading on February 10, 2020 approving an agreement between the City and the Federal Aviation Administration authorizing the Instrument of Release that will allow for the City to sell Lot 51, Pueblo Airport Industrial Park. The property is anticipated to be sold to Mesa Fab Shop, Inc., and prior to the sale the attached Annexation Ordinance and plat have been submitted for City Council approval. Mesa Fab Shop, Inc. currently owns and operates a metal fabrication business within city limits on properties containing 1.95 acres directly northeast of Lot 51 that were purchased from the City on December 11, 2006. The properties are separated from Lot 51 by the Pueblo Memorial Airport rail connection. Rather than have a portion of Mesa Fab’s business located in unincorporated Pueblo County and another portion within the City, the City staff is recommending that all their business area be located within city limits. Having all of their operations within the City allows for development approvals and business licensing to be completed through the City. If the property is not annexed, both the City and County would need to approve development and licensing and additional covenants would likely be included in the deed to address appropriate development standards not required by Pueblo County. Following approval of the annexation, the property will be rezoned by the City into the zone district that is most compatible with the Pueblo Regional Development Plan future land designation as “Employment Center – Light Industrial Mixed Use”. Section 31-12- 106(3) of the Colorado Revised Statutes allows municipalities to annex municipally- owned property. The City is initiating annexation of those properties. FINANCIAL IMPLICATIONS: The City of Pueblo currently provides fire protection services to the Pueblo Memorial Airport Industrial Park properties. Police services would become the responsibility of the City upon annexation. In addition, any new sanitary sewer main connections will be maintained by the City of Pueblo. The adjacent roadways within Pueblo County have been excluded from this annexation, in order to not create segmented maintenance of the roadways by the City and the County. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission is not required to review a municipally-owned property annexation. STAKEHOLDER PROCESS: None. ALTERNATIVES: City Council could vote to not approve the Annexation Ordinance and the property would remain as an unincorporated area. RECOMMENDATION: Approval of the Ordinance. Attachments: Proposed Ordinance Pueblo Memorial Airport Industrial Park Lot 51 Annexation Plat