PALMER LAKE, COLORADO

PALMER LAKE , COLORADO

ORDINANCE NO. 6 OF 2006

AN ORDINANCE ANNEXING TO THE TOWN OF PALMER LAKE, COLORADO, A PORTION OF THE LANDS LOCATED IN SECTION 15, TOWNSHIP 11 SOUTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF EL PASO, STATE OF COLORADO, AN AREA ALSO KNOWN AS  LOTS 1 & 4, BLOCK 5, PIONEER LOOKOUT SUBDIVISION FILING NO. 1, AS HEREINAFTER DESCRIBED
           
The Town Board of the Town of Palmer Lake, Colorado finds as follows:

            WHEREAS, The record owner of certain property more particularly described below, has filed a petition for annexation with the Town Clerk and said petition thereafter has been referred to the Town Board; and

            WHEREAS, the petition for annexation has been signed by the owners or their representatives of one hundred percent (100%) of all of the property described in said petition; and

            WHEREAS, the petition for annexation and accompanying plat conform in all respects to the requirements and provisions of the “Municipal Annexation Act of 1965" as set forth in Part I of Article 12 of Title 31, C.R.S. as amended; and

            WHEREAS, The property to be annexed has no less than one-sixth (1/6) of its perimeter contiguous with existing Town boundaries; and

            WHEREAS, A community of interest exists between the area proposed to be annexed and the Town; that said area is or will be, in the near future, suburban in character and said area is integrated with the Town; and

            WHEREAS, The property is subject to zoning within ninety (90) days by the Town; and

            WHEREAS, The Town of Palmer Lake has determined, following public hearing, that the below-described real property is eligible for annexation and that it meets all of the requirements of C.R.S. 31-14-104 and 31-14-105; and
                                                           
            WHEREAS, no election is required under C.R.S. 31-12-107(2); and

            WHEREAS, no additional terms or conditions are required pertaining to said real estate to the Town of Palmer Lake; and

            WHEREAS, The  property being annexed should be known as the White Annexation. 

            WHEREAS, following public hearing, the Town Board of the Town of Palmer Lake, Colorado has determined that the Petition for Annexation filed on behalf of the owner should be granted.

            NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PALMER LAKE, EL PASO COUNTY, COLORADO, AS FOLLOWS: 

            Section 1. Annexation.  The annexation of the territory described below is hereby accepted and approved and upon the effective date of this ordinance, the annexation of said land and territory shall be complete and said land shall be annexed to and become a part of the Town of Palmer Lake, Colorado for all intents and purposes.  The real property being annexed is: 

Lots 1 & 4, Block 5, Pioneer Lookout Subdivision Filing No. 1, El Paso County, Colorado,  as amended by Resolution recorded March 5, 1982 in Book 3539 at Page 221 in the records of El Paso County, Colorado being a part of Section 15, Township 11 South, Range 67 West of the 6th Principal Meridian, County of El Paso, State of Colorado.

            Section 2. Rezoning.  The property shall be zoned by the Town within ninety (90) days. 

            Section 3. Amending Town Boundaries.  The Town Engineer shall amend the Town map showing the new boundaries of the Town and the El Paso County Clerk and Treasurer shall be duly notified of said annexation. 

            Section 4. Severability.  It is hereby declared to be the intention of the Board of Trustees of the Town of Palmer Lake, Colorado that the sentences, clauses and phrases of this ordinance are severable, and if any sentence, clause or phrase of this ordinance be declared unconstitutional or invalid by the valid judgment or decree of Court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sentences, clauses or phrases of this ordinance since the same would have been enacted by the Board of Trustees without the incorporation of any unconstitutional or invalid sentence, clause or phrase.

            Section 5.  Publication and Effective Date.  The Town Clerk shall certify to the passage of this ordinance and cause notice of its contents and passage to be published or posted.  This ordinance shall become effective thirty (30) days after the date of publication.
                                   

PASSED AND ADOPTED THIS ____ DAY OF NOVEMBER, 2006

MALCOLM PARKER, MAYOR

ATTEST:

DELLA GRAY, TOWN CLERK