Ordinance 2004-1443 - Laserfiche WebLink

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ORDINANCE NO. 1443 AN ORDINANCE CONCERNING CRITERIA AND PROCEDURES FOR THE DISCONNECTION OF TERRITORY FROM THE CITY OF LOUISVILLE WHEREAS, it has been called to the attention of the City of Louisville that certain landowners may be interested in petitioning for disconnection of their property from the City; and WHEREAS, the City of Louisville, by the approval of the registered electors of the City at the November 2001, election, has chosen to adopt a home rule charter pursuant to the provisions of Article XX of the Colorado Constitution; and WHEREAS, as a result of the City's home rule status, the City believes that confusion may exist in the application to the City of Louisville of various state statutes pertaining to the disconnection of territory from cities and towns; and WHEREAS, C.RS. 931-12-501 et~, C.RS. 931-12-601 et~, and C.RS. 931-12-701 et~, by their terms, apply only to "cities" and "towns," and such terms are defined in C.RS. 931- 1-101 (2) and (13) to specifically exclude home rule municipalities; and WHEREAS, a void thus exists in the procedure for disconnection from a home mle municipality such as the City of Louisville; and WHEREAS, the City Council desires to adopt this ordinance to set forth the applicable procedures and criteria for disconnection of land from the city; and WHEREAS, the City Council intends by this ordinance to exercise the powers granted to home mle municipal corporations by Section 6 of Article XX of the Colorado Constitution to establish a non-judicial procedure concerning requests for disconnection of land from the City. and WHEREAS, the City Council intends by this ordinance to adopt the procedures that apply to, and to adopt certain additional requirements for, proceedings under C.R.S. 931-12-119, to the extent such section requires the City to consider a petition for disconnection pursuant thereto. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1. Title 16 of the Louisville Municipal Code is hereby amended by the addition of a new Chapter 16.34, to read as follows: