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ORDINANCE 2020-03 AN ORDINANCE RELATING TO THE ANNEXATION TO THE CITY OF CODY, WYOMING OF LANDS OWNED BY HAROLD MUSSER WHEREAS, notice of a public hearing to consider the annexation and zoning of the subject property was published in the Cody Enterprise on March 12 and 19th, 2020, and mailed to owners of properties within and within 140 feet of the subject property on March 4, 2020, as required; WHEREAS, the Cody Planning and Zoning Board reviewed the annexation and accompanying zoning request at their March 24, 2020 regular meeting and recommend approval as requested; WHEREAS, the City of Cody does not exercise authority granted under Wyoming Statue 15-3-202(b)(ii); WHEREAS, a public hearing was held on April 7, 2020 before the City Council at their regular meeting, as advertised, at which meeting the City Council heard comments from all persons wishing to speak for or against the proposed ordinance; WHEREAS, the Cody City Council makes the following findings in accordance with Section 402(a) of Article 4 of Chapter 1 of Title 15, Wyoming Statutes, for the reasons noted in the agenda summary: An annexation of the area is for the protection of the health, safety and welfare of the persons residing in the area and in the city or town; (ii) The urban development of the area sought to be annexed would constitute a natural, geographical, economical and social part of the annexing city or town; (iii) The area sought to be annexed is a logical and feasible addition to the annexing city or town and the extension of basic and other services customarily available to residents of the city or town shall, within reason, be available to the area proposed to be annexed (Making note that no utility services are needed or proposed for the annexed land); (iv) The area sought to be annexed is contiguous with or adjacent to the annexing city or town, or the area meets the requirements of W.S. 15-1-407; If the city or town does not own or operate its own electric utility, its governing body is prepared to issue one or more franchises as necessary to serve the annexed area pursuant to W.S. 15-1-410 (Not Applicable); and, (vi) The annexing city or town, not less than twenty (20) business days prior to the public hearing required by W.S. 15-1-405(a), has sent by certified mail to all landowners and affected public utilities within the territory a summary of the proposed annexation report as required under subsection of this section and notice of the time, date and location of the public hearing required by W.S. 15- 1-405(a). ---PAGE BREAK--- WHEREAS, the Cody City Council has thoroughly reviewed the matter and deems that it is in the best interest of the public and the City of Cody to approve the proposed ordinance; BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CODY, WYOMING: Section 1. The following described territory is hereby annexed to the City of Cody, Wyoming: Those lands located between the centerline of the Shoshone river and the South and East bank (right bank) of the Shoshone River, more particularly described on the attached survey identified as Exhibit which by this reference is made a part hereof. Section 2. The territory described in Section 1 of this ordinance is hereby made a part of Ward Number 3 of the City of Cody, Wyoming. Section 3. The territory annexed to the City of Cody, Wyoming by this Ordinance is hereby zoned as follows: That portion within Parcel A of Record of Survey recorded under Document #2016-2119 in Plat Cabinet N at Page 18, Records of Park County, WY, is hereby zoned Medium-Low Density Manufactured Home (R-2MH); and That portion within the Amended Plat Frisby-Musser Subdivision, Records of Park County, WY, is hereby zoned Open Business/Light Industrial as outlined in Title 10, City of Cody code. The Official Zoning Map of the City shall be amended to show the annexation and zoning designation. Section 4. The survey map of the annexation, a copy of which is attached as Exhibit and which has been provided pursuant to W.S. 15-1-413, shall be filed pursuant to said statute. This ordinance shall become effective after final passage and publication in the Cody Enterprise. PASSED ON FIRST READING 4/7/2020 PASSED ON SECOND READING 4/21/2020 PASSED ON THIRD READING 5/5/2020 Matt Hall, Mayor Attest: Baker, Administrative Services Director