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ORDINANCE 2018-02 AN ORDINANCE RELATING TO THE ANNEXATION TO THE CITY OF CODY, WYOMING OF LANDS OWNED BY DUKU, L.L.C. WHEREAS, notice of a public hearing to consider the annexation and zoning of the subject property was published in the Cody Enterprise on December 19 and 21, 2017, and mailed to owners of properties within and within 140 feet of the subject property as required; 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 January 16, 2018 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; (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; 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). 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: Lot 5, Musser Subdivision, according to the plat recorded in Book of Plats, Page 36, Records of Park County, Wyoming; Except, any portion within the West Cooper Lane Right of Way. (Note: Said road right-of-way is already within the City limits.) Section 2. The territory described in Section 1 of this ordinance is hereby made a part of Ward Number 1 of the City of Cody, Wyoming. Section 3. The territory annexed to the City of Cody, Wyoming by this Ordinance is hereby designated as a Single-Family Residential (R-1) zoning district, as ---PAGE BREAK--- 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 shall be provided pursuant to W.S. 15-1-413, and 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 JANUARY 16, 2018 PASSED ON SECOND READING FEBRUARY 6, 2018 PASSED ON THIRD READING FEBRUARY 20, 2018 Matt Hall, Mayor Attest: Baker Administrative Services Director