(FRUITVALE)
Court ruling Illegal
ORDINANCE NO. 1064
AN ORDINANCE ANNEXING TERRITORY TO THE CITY OF GRAND JUNCTION AND DECLARING AN EMERGENCY
WHEREAS, a Petition to annex the property hereinafter described to the City of Grand Junction, Colorado, was filed with the City Clerk and considered by the City Council on September 17, 1958; and,
WHEREAS, the said City Council at that time found the said territory to be eligible for annexation, the petition to be signed by the required number of landowners, and all other requirements of Section 2 of Chapter 314, Session Laws of Colorado, 1947, to be satisfactorily complied with; and
WHEREAS, the City Council did accept and approve the said Petition for annexation by its Resolution dated September 17, 1958; and,
WHEREAS, Notice of the filing of said Petition has been published once each week for four publications in the Morning Sun, the first publication being on November 8, 1958, and the last publication being on November 29, 1958; and,
WHEREAS, a Counter-Petition has been filed against the annexation to the City, which Petition has been found to be sufficient; and,
WHEREAS, further action of the City Council is necessary to secure an election in the area proposed to be annexed; and,
WHEREAS, the sanitation conditions exiting [existing] in the hereinafter-described area are such as to require immediate efforts toward the solution of the problems giving rise to such conditions; and,
WHEREAS, annexation of such area to the City of Grand Junction offers the only apparent feasible approach to said solution; and,
WHEREAS, such annexed area will, upon annexation, require certain services immediately, which services are sustained, in part, by tax revenues which should be provided in some measure by taxes derived from the described area at the earliest possible time;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION, COLORADO:
1. That the said annexation is approved and that the following-described property shall be, and it is hereby declared to be, annexed to the City of Grand Junction, Colorado:
All that part of Sec. 13, T1S, R1W, U.M. lying East of present Grand Junction City Limits, and all that part of SE 1/4 and S 1/2 NE 1/4 Sec. 12, T1S, R1W, U. M. lying East of present Grand Junction City Limits, and NE 1/4 NE 1/4 of Sd Sec. 12.
All that part of Sections 17 and 18, T1S, R1E, U. M. lying North of D&RGW R.R. right-of-way; the S 1/2, the SE 1/4 NE 1/4, and the SE 1/4 NE 1/4 NE 1/4 Sec. 8, T1S, R1E, U. M.; the S 1/2, the NW 1/4, the W 1/2 NW 1/4 NE 1/4, the W 1/4 E 1/2 NW 1/4 NE 1/4, and the S 1/2 NE 1/4 Sec. 7, T1S, R1E, U. M. except therefrom the following: Beg. at the NE cor of said SE 1/4 NE 1/4 Sec. 7, thence South 766.4'; thence N 58o 15' W 288'; thence N 59o 15' W 25'; thence W 260'; thence N 87o 15' W 165'; thence N 79o20' W 150'; thence N 72o30' W 500'; thence N 47'; thence S 72o30' E 100'; thence N 42o40' E 543'; thence East 856' to point of beginning; also described by perimeter as follows:
Beg. at NW cor of NE 1/4 NE 1/4 Sec. 12, T1S, R1W, U. M.; thence south to SW corner of sd NE 1/4 NE 1/4 Sec. 12; thence, following the present Grand Junction East City Limits to the South line of Sec. 13, T1S, R1W, U. M.; thence East to SE cor of sd Sec. 13; thence North to the North boundary of the D&RGW R.R. right-of-way; thence along sd R.O.W. line to its intersection with the East line of Sec. 17, T1S, R1E, U. M.; thence North to the NE cor of SE 1/4 NE 1/4 NE 1/4, Sec. 8, T1S, R1E, U. M.; thence West to NW cor said SE 1/4 NE 1/4 NE 1/4 Sec. 8; thence South to SW cor of said SE 1/4 NE 1/4 NE 1/4 Sec. 8; thence West to NW cor of SE 1/4 NE 1/4 sd Sec. 8; thence South to SW cor of sd SE 1/4 NE 1/4 Sec. 8; thence West to SW cor NW 1/4 sd Sec. 8; thence North to a point 766.4 feet South of NE cor SE 1/4 NE 1/4 Sec. 7, T1S, R1E, U.M.; thence N 58o 15' W 288'; thence N 59o 15' W 25'; thence West 260'; thence N 87o15' W 165'; thence N 79o20' W 150'; thence N 72o30' W 500'; thence North 47'; thence S 72o30' E 100'; thence N 42o40' E 543 Feet to a point on the N line of sd SE 1/4 NE 1/4 Sec. 7 which point is 856' West of NE cor sd SE 1/4 NE 1/4 Sec. 7; thence West to the SE cor of W 1/4 E 1/2 NW 1/4 NE 1/4 sd Sec. 7, T1S, R1E; thence North to NE cor of said W 1/4 E 1/2 NW 1/4 NE 1/4 Sec. 7; thence West to point of beginning, all lying and being in Mesa County, Colorado.
2. It is hereby declared that a special emergency exists; that this ordinance is necessary for the preservation of the public peace, health and safety; and that this ordinance shall take effect upon its passage.
PASSED AND ADOPTED this tenth day of December, 1958.
/s/ Harold H. Shults
President of the City Council
ATTEST:
/s/ Helen C. Tomlinson
City Clerk
I HEREBY CERTIFY that the foregoing emergency ordinance, entitled "AN ORDINANCE ANNEXING TERRITORY TO THE CITY OF GRAND JUNCTION AND DECLARING AN EMERGENCY," was introduced, read, passed and adopted as an emergency ordinance, numbered 1064 and ordered published by the unanimous vote of the members of the City Council of the City of Grand Junction, at a regular adjourned meeting of said Council held on the 10th day of December, 1958.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City, this 11th day of December, 1958.
/s/ Helen C. Tomlinson
City Clerk
Published Dec. 13, 1958
Republished Dec. 15, 1958 for corrections
Republished Dec. 17, 1958 for corrections