HomeMy WebLinkAbout2008-134-12/16/2008-SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE GATEWAY FIRST ANNEXATION RESOLUTION 2008-134
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE GATEWAY FIRST ANNEXATION
WHEREAS,there exists a portion of the Gateway Annexation along Harmony Road which
overlaps an area proposed for annexation by the Town of Timnath known as the "Riverwalk
Annexation No. 1"which, according to Section 31-12-114 of the Colorado Revised Statutes, may
be annexed to either the City or the Town of Timnath only pursuant to the results of an election to
be called by the District Court; and
WHEREAS, Section 31-12-114(10)of the Colorado Revised Statutes authorizes the City to
describe in a resolution the portion of the Gateway Annexation that is not claimed for annexation
by the Town of Timnath and to proceed with the annexation of such area; and
WHEREAS, said undisputed portion is described in Resolution 2008-109, which was
adopted by the City Council on November 12, 228; and
WHEREAS,pursuant to Resolution 2008-109,annexation proceedings were initiated by the
City Council for said undisputed property, including the property to be known as the Gateway First
Annexation; and
WHEREAS, following notice given as required by law, the Council has held a hearing on
said annexation.
WHEREAS, the City Council desires to set forth findings of fact and determinations
regarding the Gateway First Annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds that the petition for annexation of the
property known as the Gateway First Annexation complies with the Municipal Annexation Act.
Section 2. That the Council hereby finds that there is at least one-sixth(1/6) contiguity
between the City and the property proposed to be annexed; that a community of interest exists
between the property proposed to be annexed and the City; that said property is urban or will be
urbanized in the near future;and that said property is integrated with or is capable of being integrated
with the City.
Section 3. That the Council further determines that the applicable parts of said Act have
been met, that an election is not required under said Act and that there are no other terms and
conditions to be imposed upon said annexation.
Section 4. That the Council further finds that notice was duly given and a hearing was
held regarding the annexation in accordance with said Act.
Section 5. That the Council concludes that the area proposed to be annexed in the
Gateway First Annexation is eligible for annexation to the City and should be so annexed.
Passed and adopted at a regular meeting of the Co cil of the City of Fort Collins this 16th
day of December A.D. 2008. ;/ .0
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Mayor
ATTEST:
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City Clerk