Title 31, Article 12, Sections 101-111
Title 31, Article 12, Section 101: This section states the title of Part 1 which is “Municipal Annexation Act of 1965”
Title 31, Article 12, Section 102: Legislative declaration.
This section declares that the policies and procedures are necessary and desirable for the orderly growth of urban communities in the State of Colorado
(a)To encourage natural and well-ordered development;
(b)To distribute the cost of municipal services among those who benefit;
(c)To extend municipal government, services, and facilities to eligible areas which form a part of a whole community;
(d)To simplify governmental structure in urban areas;
(e)To provide an orderly system for extending municipal regulations to newly annexed areas;
(f)To reduce friction among contiguous or neighboring municipalities; and
(g)To increase the ability of municipalities in urban areas to provide their citizens with the services they require.This section defines a list of pertinent words.
Title 31, Article 12, Section 103: Definitions.
This section defines a list of pertinent words.
Title 31, Article 12, Section 104: Eligibility for annexation.
This section summarizes physical and demographical characteristics that must exist in order for a plot of land to be eligible for annexation:
(a)Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the annexing municipality.
(b)A community of interest exists between the proposed parcel and the annexing municipality, which means that the subject land will be urbanized in the near future.
(There is other criteria included in this section that deals with residents living on the parcel being looked at for annexation, and the current and future use of the parcel being annexed. The main conclusion of this section is that contiguity is a fundamental element of annexations.)
Title 31, Article 12, Section 105: Limitations.
This section puts limitations on all annexations.
(a)No annexed parcel shall be divided into separate parcels without the written consent of all the land owners, unless the parcel is already divided by dedicated streets, roads, or other public right of ways.
(b)No 20 acre parcel can be considered for annexation if the improvements on it are assessed over $200,000, without the written consent of the owners. (If the property is completely contained within the city limits of the annexing municipality then the above mentioned stipulation does not apply.)
(c)No annexation shall be commenced when an annexation petition has been filed with another municipality.
(d)Any annexation that will result in the detachment of an area from any school district and the attachment of the same to another school district will be validated unless accompanied by a resolution from the school district board of directors approving the annexation.
(e)No annexation will take place that extends the boundaries of a municipality more than three miles in less than one year.
Title 31, Article 12, Section 106: Annexation of enclaves, partly surrounded land, and municipality owned land.
This section explains the processes for annexing land that is already within the boundaries of a municipality.
Title 31, Article 12, Section 107: Petitions for annexation and for annexation elections:
(a)The land owners of more than fifty percent of the area may petition the governing body of any municipality for the annexation of such territory.
(b)The petition shall be filed with the town clerk.
(c)The petition shall contain the following:
I. An allegation that it is desirable and necessary that such area be annexed to the municipality;
II. An allegation that the requirements of section 104 and 105 have been meet;
III. An allegation that the signers of the petition are fifty percent of the land owners;
IV. A request that the municipality approve the annexation;
V. The signatures of such land owners;
VI. The mailing address of each signer;
VII.The legal description of the subject area;
VIII. The date signed;
IX. The affidavit of each circulator of such petition, whether consisting of one or more sheets, that each signature therein is the signature of the person whose purports to be.
(d) Along with the petition shall be four copies of an annexation map containing the following information:
I. A written legal description of the boundaries of the area proposed to be annexed;
II. A map showing the boundary of the area proposed to be annexed;
III. Within the annexation boundary map, a showing of location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks;
IV. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous of any other municipality abutting the area proposed to be annexed.
(e) No signature on a petition is valid if it is dated more than one hundred eighty days prior to the date of filing the petition. No signature will be allowed to withdraw after the petition has been filed, unless the petition deems it acceptable.
(f) The petition shall be referred to the governing body, so it can make a determination if the petition filed substantially is in compliance with subsection (1).
(g) If the petition is found to be is substantial compliance with this subsection (1), the procedure outlined in sections 31-12-108 to 31-12-110 shall then be followed. If it is not in substantial compliance, no further action shall be taken; except that the governing body shall make a determination by a resolution.
Title 31, Article 12, Section 108: Setting Hearing date– notice given.
(1) Once a completed petition for an annexation has been received by the municipality the governing body shall set a date, time, and place for a hearing to see if the application complies with section 104 and 105.
(2) The clerk shall give notice as follows: A copy of the application, exclusive of signatures, along with a public notice setting a date, time, and place. The governing body shall then hold a public hearing to see if the application complies with sections 31-12-104 and 31-12-105.
The public notice shall be published in a newspaper of general circulation for four consecutive weeks.The first publication shall be at least 30 days prior to the public hearing. A copy of the published notice together with the resolution and petition as filed, shall also be sent by registered mail by the clerk to the board of county commissioners and to the county attorney of the county where the area is located, also any special districts that exist in the area need to receive a notice twenty five days before the public hearing.
(3) The governing body may also continue a hearing if there is too much information for one meeting.
Title 31, Article 12, Section 108.5: Annexation impact report – requirements.
The municipality shall prepare an impact report that is distributed to the board of county commissioners. Such report shall include:
(a) A map of the municipality and adjacent territory to show the following information:
I.The present and proposed boundaries of the municipality in the vicinity of the proposed annexation;
II. The present streets, major trunk water mains, sewer mains, other utility lines, ditches, and proposed extensions of such utilities and streets; and
III. The proposed land use pattern in the areas to be annexed;
i. A copy of any draft or final pre-annexation agreement if available;
ii. A statement setting forth the plans for extending municipality services to the proposed annexation at the time of annexation;
iii. A statement that outlines how the municipality plans to finance extending municipality services;
iv. A statement identifying existing districts within the area to be annexed;
v. and A statement on the effect of the annexation upon local school districts, including the estimated number of students generated and the capital construction required to educate such students.
Title 31, Article 12, Section 109: Hearing.
(1) Any person may appear at such hearing and present evidence upon any matter to be determined by the governing body.
(2) All proceedings at the hearing need to be recorded, but not transcribed.
Title 31, Article 12, Section 110: Findings.
(1) Upon completion of the hearing, the governing body of the annexing municipality, by resolution, shall set fourth its findings of fact and its conclusion based thereon with references to the following matters:
(a) Whether or not the requirements of the applicable parts of section 31-12-104 and 31-12-105 have been met;
(b) Whether of not an election is required under section 31-12-107 (2).
(2) The governing body shall also determine whether or not additional terms and conditions are to be imposed.
(3) A findings that the area proposed for annexation does not comply with the applicable provisions of section 31-12-104 and 31-12-105 shall terminate the annexation proceedings.
Title 31, Article 12, Section 111:Annexation without election.
If the resolution of the governing body adopted pursuant to section 31-12-110 determines that the applicable parts of sections 31-12-104 and 31-12-105 have been met, an further determines that an election is not required under section 31-12-107 (2), and does not determine that additional terms and conditions are to be imposed, the governing body may thereupon annex the area proposed to be annexed by ordinance.