An ordinance annexing to the Town of Deer Trail a parcel of unincorporated property located in the county of Arapahoe commonly referred to as the east Bijou Ranch Estates and more particularly described herein.
Whereas, a petition for annexation (the "Petition") was filed on February 2, 2016, by one hundred percent (100%) of the landowners owning one hundred percent (I00%) of a parcel of unincorporated territory located in Arapahoe County, and more particularly described in Exhibit A and shown on the Annexation Map in Exhibit B attached hereto and incorporated herein by this reference (the "Property").
Whereas, the Petition requests that the Board of Trustees annex the Property to the Town of Deer Trail;
Whereas, pursuant to Resolution No. 16-07, the Board of Trustees found that the Petition substantially complied with C.R.S. § 31-12-107(1).
Whereas, on June 21, 2016, pursuant to the notice required by C.R.S. § 31-12-108, the Board of Trustees held a public hearing to determine whether the annexation of the Property complies with the applicable requirements of C.R.S. §§ 31-12-104 and 31-12-105, whether the Property is eligible for annexation, whether or not an election is required, and whether or not additional terms and conditions are to be imposed; and
Whereas, the Board of Trustees has adopted Resolution No. 16-08, wherein the Board of Trustees found that the proposed annexation of the Property complies with and meets the requirements of the applicable parts of the Municipal Annexation Act, C.R.S. § 31-12-101, et seq.
Be it Ordained by the Board of Trustees for the Town of Deer Trail, Colorado that:
Section 1.
The annexation by and to the Town of Deer Trail, State of Colorado, of that property described in attached Exhibit A, situated, lying and being in the County of Arapahoe, State of Colorado, meets all requirements of law and the annexation policy of the Town of Deer Trail.
Section 2.
Considering all of the foregoing, and based on the conviction that annexation of the Property meets the requirements of the Municipal Annexation Act of 1965, C.R.S. § 31-12-101, et seq., the unincorporated territory described in Exhibit A is hereby annexed to the Town of Deer Trail, Colorado; provided that the annexation shall not be effective unless the following contingencies are satisfied:
- The Board of Trustees approves the Annexation Agreement, and the Annexation Agreement is executed by the Town and the Petitioner; and
- The Board of Trustees approves the residential zoning for the Property known as East Bijou Ranch Estates.
Section 3.
Upon the effective date of the annexation, all lands within the area to be annexed shall become subject to the Municipal Laws of the State of Colorado pertaining to towns and to all ordinances, resolutions, rules and regulations of the Town of Deer Trail.
Section 4.
Upon satisfaction of the terms of Section 2 of this Ordinance, the Town Clerk is hereby directed to make the filings required by C.R.S. § 31-12-113(2) in order to make this annexation effective. Namely, the Town Clerk shall place one copy of the Annexation Map along with the original of this Annexation Ordinance on file in the Town Clerk's office and shall file for recording with the Arapahoe County Clerk three (3) certified copies of this Annexation Ordinance and the Annexation Map. The Town Clerk shall request that the Arapahoe County Clerk file one (1) certified copy of the Annexation Ordinance and one (1) copy of the Annexation Map with the Division of Local Governments of the Department of Local Affairs and file one (1) certified copy of the Annexation Ordinance and one (1) copy of the Annexation Map with the Colorado Department of Revenue.
Section 5.
If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby.
Section 6. Repealer.
All acts, orders, resolutions, ordinances, or parts thereof, of the Town that are inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict.
Section 7. Recording and Authentication.
Immediately upon its passage, this Ordinance shall be recorded in the Town of Deer Trail Book of Ordinances kept for that purpose, authenticated by the signatures of the Mayor and Clerk, shall be published as required by law,
Section 8. Effective Date.
This ordinance shall become effective thirty {30) days after final publication.
Adopted and approved this 5th day of July 2016.
Kent Vashus, Mayor
Town of Deer Trail, Colorado
Attest: Wendy Heywood, Town Clerk