C.R.S. § 31-12-101 Short title
31-12-101. Short title. This part 1 shall be known and may be cited as the "Municipal Annexation Act of 1965".
Annexation - Consolidation - Disconnection
C.R.S. tit. 31, art. 12
in effectC.R.S. § 31-12-102 Legislative declaration
31-12-102. Legislative declaration. (1) The general assembly hereby declares that the policies and procedures in this part 1 are necessary and desirable for the orderly growth of urban communities in the state of Colorado, and to these ends this part 1 shall be liberally construed. The general assembly further declares that it is the purpose of this part 1:
(a) To encourage natural and well-ordered development of municipalities of the state;
(b) To distribute fairly and equitably the costs of municipal services among those persons who benefit therefrom;
(c) To extend municipal government, services, and facilities to eligible areas which form a part of the 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;
(g) To increase the ability of municipalities in urban areas to provide their citizens with the services they require; and
(h) To respect the sovereignty of federally recognized Indian tribes with lands within the exterior boundaries of a federally recognized Indian reservation and within the exterior boundaries of the state, to reduce the jurisdictional complexities that arise when municipalities annex Indian reservation land, and to ensure cooperation and collaboration by municipalities with tribal governments.
(2) The general assembly further declares that:
(a) Section 30 of article II of the state constitution was added to the state constitution as a voter-approved ballot measure in 1980;
(b) Since its adoption, section 30 of article II of the state constitution has been in lawful force and effect. As part of the state constitution, all annexations since its enactment have been or should have been undertaken subject to its terms.
(c) By enacting House Bill 10-1259, enacted in 2010, which amends various provisions of this part 1, the general assembly does not intend to change the law governing annexations in the state but rather to better harmonize the provisions of this part 1 with those of section 30 of article II of the state constitution.
C.R.S. § 31-12-103 Definitions
31-12-103. Definitions. As used in this part 1, unless the context otherwise requires:
(1) "Adult" means any person who has attained his twenty-first birthday.
(2) "Agricultural land" means land used for the growing of crops, truck gardening, the grazing of farm animals, and other agricultural pursuits in contrast to land used for urban development.
(3) "Development standards" means the substantive portions of building codes, zoning ordinances, housing codes, fire district ordinances, subdivision regulations, and any other ordinance, code, or regulation relating to the construction or occupancy of buildings upon land or the preparation of such land for such construction.
(4) "Enclave" means an unincorporated area of land entirely contained within the outer boundaries of the annexing municipality.
(5) "Identical ownership" means a situation where each owner has exactly the same degree of interest in each separate parcel of two or more parcels of land.
(6) "Landowner" means the owner in fee of any undivided interest in a given parcel of land. If the mineral estate has been severed, the landowner is the owner in fee of an undivided interest in the surface estate and not the owner in fee of an undivided interest in the mineral estate.
(7) (Deleted by amendment, L. 2010, (HB 10-1259), ch. 211, p. 913, § 2, effective August 11, 2010.)
(8) "Period of notice for hearing" means the time between the effective date of the resolution establishing the hearing date and the date when such hearing first commences.
(9) (Deleted by amendment, L. 2010, (HB 10-1259), ch. 211, p. 913, § 2, effective August 11, 2010.)
(10) "Quasi-municipal corporation" means a corporation vested with the municipal powers for the accomplishment of a limited municipal purpose, including but not limited to domestic water districts, metropolitan districts, sanitation districts, water and sanitation districts, fire protection districts, recreation districts, and disposal districts.
(10.5) "Registered elector" shall have the same meaning as set forth in section 1-1-104 (35), C.R.S.
(11) "Resident" means one who makes his primary dwelling place within the area proposed to be annexed.
(12) "Taxpayer" means any person who has paid or becomes liable for ad valorem taxes on real property located in the area proposed to be annexed during a specified period of time.
(13) "Urban development" means the construction on land of improvements for residential, institutional, commercial, industrial, transportation, public flood control, and recreational and similar uses, in contrast to use of the land for growing crops, truck gardening, grazing of farm animals, and other agricultural pursuits. The term also applies to vacant ground which has been or is being prepared for urban development by such steps as subdivision into lots or plots and blocks, installation of water and sewer lines, construction of access streets, and construction of railroad spur or branch tracks.
C.R.S. § 31-12-104 Eligibility for annexation
31-12-104. Eligibility for annexation. (1) No unincorporated area may be annexed to a municipality unless one of the conditions set forth in section 30 (1) of article II of the state constitution first has been met. An area is eligible for annexation if the provisions of section 30 of article II of the state constitution have been complied with and the governing body, at a hearing as provided in section 31-12-109, finds and determines:
(a) That not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the annexing municipality. Contiguity shall not be affected by the existence of a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, public lands, whether owned by the state, the United States, or an agency thereof, except county-owned open space, or a lake, reservoir, stream, or other natural or artificial waterway between the annexing municipality and the land proposed to be annexed. Subject to the requirements imposed by section 31-12-105 (1)(e), contiguity may be established by the annexation of one or more parcels in a series, which annexations may be completed simultaneously and considered together for the purposes of the public hearing required by sections 31-12-108 and 31-12-109 and the annexation impact report required by section 31-12-108.5.
(b) That a community of interest exists between the area proposed to be annexed and the annexing municipality; that said area is urban or will be urbanized in the near future; and that said area is integrated with or is capable of being integrated with the annexing municipality. The fact that the area proposed to be annexed has the contiguity with the annexing municipality required by paragraph (a) of this subsection (1) shall be a basis for a finding of compliance with these requirements unless the governing body, upon the basis of competent evidence presented at the hearing provided for in section 31-12-109, finds that at least two of the following are shown to exist:
(I) Less than fifty percent of the adult residents of the area proposed to be annexed make use of part or all of the following types of facilities of the annexing municipality: Recreational, civic, social, religious, industrial, or commercial; and less than twenty-five percent of said area's adult residents are employed in the annexing municipality. If there are no adult residents at the time of the hearing, this standard shall not apply.
(II) One-half or more of the land in the area proposed to be annexed (including streets) is agricultural, and the landowners of such agricultural land, under oath, express an intention to devote the land to such agricultural use for a period of not less than five years.
(III) It is not physically practicable to extend to the area proposed to be annexed those urban services which the annexing municipality provides in common to all of its citizens on the same terms and conditions as such services are made available to such citizens. This standard shall not apply to the extent that any portion of an area proposed to be annexed is provided or will within the reasonably near future be provided with any service by or through a quasi-municipal corporation.
(2) (a) The contiguity required by paragraph (a) of subsection (1) of this section may not be established by use of any boundary of an area which was previously annexed to the annexing municipality if the area, at the time of its annexation, was not contiguous at any point with the boundary of the annexing municipality, was not otherwise in compliance with paragraph (a) of subsection (1) of this section, and was located more than three miles from the nearest boundary of the annexing municipality, nor may such contiguity be established by use of any boundary of territory which is subsequently annexed directly to, or which is indirectly connected through subsequent annexations to, such an area.
nexing municipality, was not otherwise in compliance with paragraph (a) of subsection (1) of this section, and was located more than three miles from the nearest boundary of the annexing municipality, nor may such contiguity be established by use of any boundary of territory which is subsequently annexed directly to, or which is indirectly connected through subsequent annexations to, such an area.
(b) Because the creation or expansion of disconnected municipal satellites, which are sought to be prohibited by this subsection (2), violates both the purposes of this article as expressed in section 31-12-102 and the limitations of this article, any annexation which uses any boundary in violation of this subsection (2) may be declared by a court of competent jurisdiction to be void ab initio in addition to other remedies which may be provided. The provisions of section 31-12-116 (2) and (4) and section 31-12-117 shall not apply to such an annexation. Judicial review of such an annexation may be sought by any municipality having a plan in place pursuant to section 31-12-105 (1)(e) directly affected by such annexation, in addition to those described in section 31-12-116 (1). Such review may be, but need not be, instituted prior to the effective date of the annexing ordinance and may include injunctive relief. Such review shall be brought no later than sixty days after the effective date of the annexing ordinance or shall forever be barred.
(c) Contiguity is hereby declared to be a fundamental element in any annexation, and this subsection (2) shall not in any way be construed as having the effect of legitimizing in any way any noncontiguous annexation.
C.R.S. § 31-12-105 Limitations
31-12-105. Limitations. (1) Notwithstanding any provisions of this part 1 to the contrary, the following limitations apply to all annexations:
(a) In establishing the boundaries of any territory to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, shall be divided into separate parts or parcels without the written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way.
(b) In establishing the boundaries of any area proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more (which, together with the buildings and improvements situated thereon has a valuation for assessment in excess of two hundred thousand dollars for ad valorem tax purposes for the year next preceding the annexation) shall be included under this part 1 without the written consent of the landowners unless such tract of land is situated entirely within the outer boundaries of the annexing municipality as they exist at the time of annexation. In the application of this paragraph (b), contiguity shall not be affected by a dedicated street, road, or other public way.
(c) No annexation pursuant to section 31-12-106 and no annexation petition or petition for an annexation election pursuant to section 31-12-107 shall be valid when annexation proceedings have been commenced for the annexation of part or all of such territory to another municipality, except in accordance with the provisions of section 31-12-114. For the purpose of this section, proceedings are commenced when the petition is filed with the clerk of the annexing municipality or when the resolution of intent is adopted by the governing body of the annexing municipality if action on the acceptance of such petition or on the resolution of intent by the setting of the hearing in accordance with section 31-12-108 is taken within ninety days after the said filings if an annexation procedure initiated by petition for annexation is then completed within the one hundred fifty days next following the effective date of the resolution accepting the petition and setting the hearing date and if an annexation procedure initiated by resolution of intent or by petition for an annexation election is prosecuted without unreasonable delay after the effective date of the resolution setting the hearing date.
(d) As to any annexation which will result in the detachment of area from any school district and the attachment of the same to another school district, no annexation pursuant to section 31-12-106 or annexation petition or petition for an annexation election pursuant to section 31-12-107 is valid unless accompanied by a resolution of the board of directors of the school district to which such area will be attached approving such annexation.
n the detachment of area from any school district and the attachment of the same to another school district, no annexation pursuant to section 31-12-106 or annexation petition or petition for an annexation election pursuant to section 31-12-107 is valid unless accompanied by a resolution of the board of directors of the school district to which such area will be attached approving such annexation.
(e) (I) Except as otherwise provided in this paragraph (e), no annexation may take place that would have the effect of extending a municipal boundary more than three miles in any direction from any point of such municipal boundary in any one year. Within said three-mile area, the contiguity required by section 31-12-104 (1)(a) may be achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Prior to completion of any annexation within the three-mile area, the municipality shall have in place a plan for that area that generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the municipality and the proposed land uses for the area. Such plan shall be updated at least once annually. Such three-mile limit may be exceeded if such limit would have the effect of dividing a parcel of property held in identical ownership if at least fifty percent of the property is within the three-mile limit. In such event, the entire property held in identical ownership may be annexed in any one year without regard to such mileage limitation. Such three-mile limit may also be exceeded for the annexation of an enterprise zone.
(II) Prior to completion of an annexation in which the contiguity required by section 31-12-104 (1)(a) is achieved pursuant to subparagraph (I) of this paragraph (e), the municipality shall annex any of the following parcels that abut a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway, where the parcel satisfies all of the eligibility requirements pursuant to section 31-12-104 and for which an annexation petition has been received by the municipality no later than forty-five days prior to the date of the hearing set pursuant to section 31-12-108 (1):
(A) Any parcel of property that has an individual schedule number for county tax filing purposes upon the petition of the owner of such parcel;
(B) Any subdivision that consists of only one subdivision filing upon the petition of the requisite number of property owners within the subdivision as determined pursuant to section 31-12-107; and
(C) Any subdivision filing within a subdivision that consists of more than one subdivision filing upon the petition of the requisite number of property owners within the subdivision filing as determined pursuant to section 31-12-107.
s of only one subdivision filing upon the petition of the requisite number of property owners within the subdivision as determined pursuant to section 31-12-107; and
(C) Any subdivision filing within a subdivision that consists of more than one subdivision filing upon the petition of the requisite number of property owners within the subdivision filing as determined pursuant to section 31-12-107.
(e.1) The parcels described in subparagraph (II) of paragraph (e) of this subsection (1) shall be annexed under the same or substantially similar terms and conditions and considered at the same hearing and in the same impact report as the initial annexation in which the contiguity required by section 31-12-104 (1)(a) is achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Impacts of the annexation upon the parcels described in subparagraph (II) of paragraph (e) of this subsection (1) that abut such platted street or alley, public or private right-of-way, public or private transportation right-of-way or area, or lake, reservoir, stream, or other natural or artificial waterway shall be considered in the impact report required by section 31-12-108.5. As part of the same hearing, the municipality shall consider and decide upon any petition for annexation of any parcel of property having an individual schedule number for county tax filing purposes, which petition was received not later than forty-five days prior to the hearing date, where the parcel abuts any parcel described in subparagraph (II) of paragraph (e) of this subsection (1) and where the parcel otherwise satisfies all of the eligibility requirements of section 31-12-104.
(e.3) In connection with any annexation in which the contiguity required by section 31-12-104 (1)(a) is achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway, upon the latter of ninety days prior to the date of the hearing set pursuant to section 31-12-108 or upon the filing of the annexation petition, the municipality shall provide, by regular mail to the owner of any abutting parcel as reflected in the records of the county assessor, written notice of the annexation and of the landowner's right to petition for annexation pursuant to section 31-12-107. Inadvertent failure to provide such notice shall neither create a cause of action in favor of any landowner nor invalidate any annexation proceeding.
(f) In establishing the boundaries of any area proposed to be annexed, if a portion of a platted street or alley is annexed, the entire width of said street or alley shall be included within the area annexed.
(g) Notwithstanding the provisions of paragraph (f) of this subsection (1), a municipality shall not deny reasonable access to landowners, owner of an easement, or the owner of a franchise adjoining a platted street or alley which has been annexed by the municipality but is not bounded on both sides by the municipality.
(h) The execution by any municipality of a power of attorney for real estate located within an unincorporated area shall not be construed to comply with the election provisions of this article for purposes of annexing such unincorporated area. Such annexation shall be valid only upon compliance with the procedures set forth in this article.
ty but is not bounded on both sides by the municipality.
(h) The execution by any municipality of a power of attorney for real estate located within an unincorporated area shall not be construed to comply with the election provisions of this article for purposes of annexing such unincorporated area. Such annexation shall be valid only upon compliance with the procedures set forth in this article.
(i) For any annexation that will result in annexation of lands within the exterior boundaries of a reservation of a federally recognized Indian tribe located within the state, no annexation pursuant to section 31-12-106 or annexation petition or petition for an annexation election pursuant to section 31-12-107 is valid unless accompanied by a resolution or ordinance of the tribal council or other governing body of the federally recognized Indian tribe within whose reservation the annexation will occur approving the annexation. This subsection (1)(i) applies to annexation of all lands within the exterior boundaries of a reservation of a federally recognized Indian tribe located within the state regardless of the status of the lands sought to be annexed.
C.R.S. § 31-12-106 Annexation of enclaves, partly surrounded land, and municipally owned land
31-12-106. Annexation of enclaves, partly surrounded land, and municipally owned land. (1) Annexation of enclaves. When any unincorporated area is entirely contained within the boundaries of a municipality, the governing body may by ordinance annex such territory to the municipality in accordance with section 30 (1)(c) of article II of the state constitution, but without complying with section 31-12-104, 31-12-105, 31-12-108, or 31-12-109, if said area has been so surrounded for a period of not less than three years; except that notice of the proposed annexation ordinance shall be given by publication as provided by section 31-12-108 (2) for notices of annexation petitions, and resolutions initiating annexation proceedings, but no public hearing on the proposed annexation ordinance shall be required, and the first publication of notice shall be at least thirty days prior to the adoption of the ordinance.
(1.1) Exception to annexation of enclaves. (a) No enclave may be annexed pursuant to subsection (1) of this section if:
(I) Any part of the municipal boundary or territory surrounding such enclave consists at the time of the annexation of the enclave of public rights-of-way, including streets and alleys, that are not immediately adjacent to the municipality on the side of the right-of-way opposite to the enclave; or
(II) Any part of the territory surrounding the enclave was annexed to the municipality since December 19, 1980, without compliance with section 30 of article II of the state constitution.
(b) In the case of an enclave the population of which exceeds one hundred persons according to the most recent United States census and that contains more than fifty acres, the enclave shall not be annexed pursuant to subsection (1) of this section unless the governing body of the annexing municipality has:
(I) Created an annexation transition committee composed of nine members, five of whom shall reside, operate a business, or own real property within the enclave, two of whom shall represent the annexing municipality, and two of whom shall represent one or more counties in which the enclave is situated; and
(II) Published notice of the creation and existence of the committee, together with its regular mail, electronic mail, or telephonic contact information, in the same manner as provided by section 31-12-108 (2) for notices of annexation petitions and resolutions initiating annexation proceedings.
(c) The duties of the annexation transition committee required by paragraph (b) of this subsection (1.1) shall be to:
(I) Serve as a means of communication between or among the annexing municipality, one or more counties within which the enclave is situated, and the persons who reside, operate a business, or own real property within the enclave regarding any public meetings on the proposed annexation; and
(II) Provide a mechanism by which persons who reside, operate a business, or own real property within the enclave may communicate, whether by electronic mail, telephonic communication, regular mail, or public meetings, with the annexing municipality or any counties within which the enclave is situated regarding the proposed annexation.
(2) (Deleted by amendment, L. 97, p. 995, § 2, effective May 27, 1997.)
(3) Annexation of unincorporated municipally owned land. When the municipality is the sole owner of the area that it desires to annex, which area is eligible for annexation in accordance with section 30 (1)(c) of article II of the state constitution and sections 31-12-104 (1)(a) and 31-12-105, the governing body may by ordinance annex said area to the municipality without notice and hearing as provided in sections 31-12-108 and 31-12-109. The annexing ordinance shall state that the area proposed to be annexed is owned by the annexing municipality and is not solely a public street or right-of-way.
(1)(c) of article II of the state constitution and sections 31-12-104 (1)(a) and 31-12-105, the governing body may by ordinance annex said area to the municipality without notice and hearing as provided in sections 31-12-108 and 31-12-109. The annexing ordinance shall state that the area proposed to be annexed is owned by the annexing municipality and is not solely a public street or right-of-way.
(4) Additional terms and conditions on the annexation. Additional terms or conditions may be imposed by the governing body in accordance with section 31-12-112.
(5) Any municipality that has entered into an intergovernmental agreement, any portion of which addresses issues pertaining to the annexation of enclaves shall, promptly upon execution of the agreement, record the agreement with the clerk and recorder of any county within which any land area addressed in the agreement is situated.
C.R.S. § 31-12-107 Petitions for annexation and for annexation elections
31-12-107. Petitions for annexation and for annexation elections. (1) Petition for annexation in accordance with section 30 (1)(b) of article II of the state constitution:
(a) Persons comprising more than fifty percent of the landowners in the area and owning more than fifty percent of the area, excluding public streets and alleys and any land owned by the annexing municipality, meeting the requirements of sections 31-12-104 and 31-12-105 may petition the governing body of any municipality for the annexation of such territory.
(b) The petition shall be filed with the 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 sections 31-12-104 and 31-12-105 exist or have been met;
(III) An allegation that the signers of the petition comprise more than fifty percent of the landowners in the area and own more than fifty percent of the area proposed to be annexed, excluding public streets and alleys and any land owned by the annexing municipality;
(IV) A request that the annexing municipality approve the annexation of the area proposed to be annexed;
(V) The signatures of such landowners;
(VI) The mailing address of each such signer;
(VII) The legal description of the land owned by such signer;
(VIII) The date of signing of each signature; and
(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 name it purports to be.
(d) Accompanying 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 the 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 boundary of any other municipality abutting the area proposed to be annexed.
(e) No signature on the petition is valid if it is dated more than one hundred eighty days prior to the date of filing the petition for annexation with the clerk. All petitions which substantially comply with the requirements set forth in paragraphs (b) to (d) of this subsection (1) shall be deemed sufficient. No person signing a petition for annexation shall be permitted to withdraw his signature from the petition after the petition has been filed with the clerk, except as such right of withdrawal is otherwise set forth in the petition.
(f) The clerk shall refer the petition to the governing body as a communication. The governing body, without undue delay, shall then take appropriate steps to determine if the petition so filed is substantially in compliance with this subsection (1).
(g) If the petition is found to be in 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.
(2) Petition for annexation election in accordance with section 30 (1)(a) of article II of the state constitution:
in compliance with this subsection (1).
(g) If the petition is found to be in 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.
(2) Petition for annexation election in accordance with section 30 (1)(a) of article II of the state constitution:
(a) The registered electors may petition the governing body of any municipality to commence proceedings for the holding of an annexation election in the area proposed to be annexed. This petition shall meet the standards described in paragraphs (c) and (d) of this subsection (2) and either:
(I) Shall be signed by at least seventy-five registered electors or ten percent of said electors, whichever is less, if such area is located in a county of more than twenty-five thousand inhabitants; or
(II) Shall be signed by at least forty registered electors or ten percent of said electors, whichever is less, if such area is located in a county of twenty-five thousand inhabitants or less.
(b) The petition shall be filed with the clerk.
(c) The petition for annexation election shall comply with the provisions of paragraph (c) of subsection (1) of this section; except that:
(I) Rather than an allegation of any certain percentage of land owned, it shall contain an allegation that the signers of the petition are qualified electors resident in and landowners of the area proposed to be annexed; and
(II) The petition shall request the annexing municipality to commence proceedings for the holding of an annexation election in accordance with section 30 (1)(a) of article II of the state constitution.
(d) The requirements and procedures provided for in paragraphs (e) and (f) of subsection (1) of this section shall be met and followed in a proceeding under this subsection (2).
(e) If the petition is found to be in substantial compliance with this subsection (2), the procedure outlined in sections 31-12-108 to 31-12-110 shall then be followed, subject thereafter to an annexation election to be held in accordance with section 31-12-112. If the petition for an annexation election is not found to be in substantial compliance, no further action shall be taken; except that the governing body shall make such determination by resolution.
(3) Procedures alternative: The procedures set forth in subsections (1) and (2) of this section are alternative to each other and to any procedure set forth in section 31-12-106; except that a petition for annexation election filed pursuant to subsection (2) of this section shall take precedence over an annexation petition involving the same territory and filed pursuant to subsection (1) of this section if such petition for annexation election is filed at least ten days prior to the hearing date set for the annexation petition filed pursuant to subsection (1) of this section.
(4) Additional terms and conditions on the annexation: Additional terms and conditions may be imposed by the governing body in accordance with section 31-12-112.
(5) If a petition is filed pursuant to subsection (1) or (2) of this section and the territory sought to be annexed meets the specifications of section 31-12-106 (1), the governing body of the municipality with which the petition is filed shall thereupon initiate annexation proceedings pursuant to the appropriate provisions of section 31-12-106 (1). In the event that any governing body fails to initiate such annexation proceedings within a period of one year from the time that such petition is filed, annexation may be effected by an action in the nature of mandamus to the district court of the county where the land to be annexed is located, and the petitioner's court costs and attorney fees incident to such action shall be borne by the municipality.
event that any governing body fails to initiate such annexation proceedings within a period of one year from the time that such petition is filed, annexation may be effected by an action in the nature of mandamus to the district court of the county where the land to be annexed is located, and the petitioner's court costs and attorney fees incident to such action shall be borne by the municipality.
(6) No proceedings for annexation to a municipality may be initiated in any area which is the same or substantially the same area in which an election for annexation to the same municipality has been held within the preceding twelve months.
(7) For the purpose of determining the compliance with the petition requirements in this section, a signature by any landowner shall be sufficient so long as any other owner in fee of an undivided interest in the same area of land does not object in writing to the governing body of the annexing municipality within fourteen days after the filing of the petition for annexation or annexation election. The entire area of the land signed for shall be computed as petitioning for annexation if such signing landowner has become liable for taxes in the last preceding calendar year or is exempt by law from payment of taxes. One who is purchasing land under a written contract duly recorded shall be deemed the owner of the land which is subject to the contract if he has paid the taxes thereon for the next preceding tax year. The signers for an area owned by a corporation, whether profit or nonprofit, shall be the same persons as those authorized to convey land for such corporation.
(8) No power of attorney providing the consent of a landowner to be annexed by a municipality pursuant to this section shall be valid for a term of more than five years, and no such power of attorney executed before May 27, 1997, shall be valid for a term of more than five years after May 27, 1997.
C.R.S. § 31-12-108 Setting hearing date - notice given
31-12-108. Setting hearing date - notice given. (1) As a part of the resolution initiating annexation proceedings by the municipality or of a resolution finding substantial compliance of an annexation petition or of a petition for an annexation election, the governing body of the annexing municipality shall establish a date, time, and place that the governing body will hold a hearing to determine if the proposed annexation complies with section 30 of article II of the state constitution and sections 31-12-104 and 31-12-105 or such provisions thereof as may be required to establish eligibility under the terms of this part 1. The hearing shall be held not less than thirty days nor more than sixty days after the effective date of the resolution setting the hearing. This hearing need not be held if the municipality has determined conclusively that the requirements of section 30 of article II of the state constitution and sections 31-12-104 and 31-12-105 have not been met.
(2) The clerk shall give notice as follows: A copy of the resolution or the petition as filed (exclusive of the signatures) together with a notice that, on the given date and at the given time and place set by the governing body, the governing body shall hold a hearing upon said resolution of the annexing municipality or upon the petition for the purpose of determining and finding whether the area proposed to be annexed meets the applicable requirements of section 30 of article II of the state constitution and sections 31-12-104 and 31-12-105 and is considered eligible for annexation. Said notice shall be published once a week for four successive weeks in some newspaper of general circulation in the area proposed to be annexed. The first publication of such notice shall be at least thirty days prior to the date of the hearing. The proof of publication of the notice and resolution or petition, or the summary thereof, shall be returned when the publication is completed, the certificate of the owner, editor, or manager of the newspaper in which said notice is published shall be proof thereof, and a hearing shall then be held as provided in said notice. A copy of the published notice, together with a copy of 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 wherein the territory is located and to any special district or school district having territory within the area to be annexed at least twenty-five days prior to the date fixed for such hearing. The notice required to be sent to the special district or school district by this subsection (2) shall not confer any right of review in addition to those rights provided for in section 31-12-116.
(3) The governing body of the annexing municipality, from time to time, may continue the hearing to another date without additional notice if the volume of material to be received cannot be presented within the available time for any given session; except that no session of a hearing shall be so continued unless at least one hour of testimony has been heard.
C.R.S. § 31-12-108.5 Annexation impact report - requirements
31-12-108.5. Annexation impact report - requirements. (1) The municipality shall prepare an impact report concerning the proposed annexation at least twenty-five days before the date of the hearing established pursuant to section 31-12-108 and shall file one copy with the board of county commissioners governing the area proposed to be annexed within five days thereafter. Such report shall not be required for annexations of ten acres or less in total area or when the municipality and the board of county commissioners governing the area proposed to be annexed agree that the report may be waived. Such report shall include, as a minimum:
(a) A map or maps 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 interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and
(III) The existing and proposed land use pattern in the areas to be annexed;
(b) A copy of any draft or final preannexation agreement, if available;
(c) A statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation;
(d) A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed;
(e) A statement identifying existing districts within the area to be annexed; and
(f) A statement on the effect of annexation upon local-public school district systems, including the estimated number of students generated and the capital construction required to educate such students.
C.R.S. § 31-12-109 Hearing
31-12-109. 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 and any continuances thereof shall be recorded, but the recorder's notes need not be transcribed unless proceedings for judicial review are initiated as provided in section 31-12-116.
(3) The board of trustees of a town may dispense with the reporting of the hearing as provided in this section and substitute in lieu thereof minutes summarizing the presentation of each speaker and describing the proceedings of the hearing. In the event that any proceedings are commenced for judicial review of an annexation in which this subsection (3) has been followed, the provisions of section 31-12-116 (5) shall be applicable.
C.R.S. § 31-12-110 Findings
31-12-110. Findings. (1) Upon the completion of the hearing, the governing body of the annexing municipality, by resolution, shall set forth its findings of fact and its conclusion based thereon with reference to the following matters:
(a) Whether or not the requirements of the applicable provisions of section 30 of article II of the state constitution and sections 31-12-104 and 31-12-105 have been met;
(b) Whether or not an election is required under section 30 (1)(a) of article II of the state constitution and 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 finding that the area proposed for annexation does not comply with the applicable provisions of section 30 of article II of the state constitution or sections 31-12-104 and 31-12-105 shall terminate the annexation proceeding.
C.R.S. § 31-12-111 Annexation without election
31-12-111. Annexation without election. If the resolution of the governing body adopted pursuant to section 31-12-110 determines that the applicable provisions of section 30 of article II of the state constitution and sections 31-12-104 and 31-12-105 have been met, and 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.
C.R.S. § 31-12-112 Election - annexation pursuant to election
31-12-112. Election - annexation pursuant to election. (1) If the governing body determines that an annexation election is required under the provisions of section 30 (1)(a) of article II of the state constitution and section 31-12-107 (2) or that additional terms and conditions should be imposed upon the area proposed to be annexed, an election shall be called, as provided in this section, to determine whether a majority of the landowners and the registered electors in the area proposed to be annexed approve such annexation, with such terms and conditions, if any, as may attach thereto.
(2) Any landowner owning land in the area proposed to be annexed may vote, irrespective of whether he or she is a registered elector. Any corporate landowner may by resolution designate one of its officers to cast its vote; except that nothing in this part 1 shall invalidate any memorandum of agreement or escrow arrangement voluntarily made by and between the annexing municipality and one or more landowners within the area proposed to be annexed nor require an election for the approval of any terms and conditions to be accomplished or assured in this manner.
(3) The municipality shall forthwith petition the district court of the county in which the area proposed to be annexed or a part thereof is located to hold such election.
(4) Upon receipt of such petition, the court shall appoint three commissioners, one of whom shall be nominated by the municipality, one of whom shall be a landowner of land in the area proposed to be annexed or such landowner's nominee, and the third shall be acceptable to the other two. All of the commissioners shall be residents of the state of Colorado and willing to serve as such commissioners. The appointees, within three days after the date of their appointment, shall take an oath before the court faithfully to perform their duties. In case of disability or failure of any commissioner to act, the court shall forthwith fill his place with some person competent, willing, and able to act.
(5) Such commissioners shall forthwith call an election of all the landowners and the registered electors in the area proposed to be annexed, to be held at some convenient place within the area proposed to be annexed. The commissioners shall establish such polling places within the area proposed to be annexed, or immediately adjacent thereto if such area is vacant and unoccupied, as in their judgment are necessary to afford all of the landowners and the registered electors the opportunity to cast their votes. If more than one polling place is found to be necessary, the court may appoint three additional persons to act as judges or clerks for each additional polling place. Such additional judges and clerks shall meet the same requirements as the original appointees.
cupied, as in their judgment are necessary to afford all of the landowners and the registered electors the opportunity to cast their votes. If more than one polling place is found to be necessary, the court may appoint three additional persons to act as judges or clerks for each additional polling place. Such additional judges and clerks shall meet the same requirements as the original appointees.
(6) Notice of such election shall be given by publication once a week for four weeks in some newspaper of general circulation in the area and published in the county in which such area is located or, if there is no such newspaper in the county, in some newspaper of general circulation published in an adjacent county. Additional notice shall be given by posting a notice at each polling place. The said posting and first newspaper publication shall be not less than four weeks preceding such election. Such notice shall specify the time and place of such election, shall contain a description of the boundaries of the area proposed to be annexed, and shall state that a map or plat thereof is on file in the office of the clerk of the district court in which such area, or a part thereof, is located. Such notice shall also set forth the conditions and requirements proposed by the governing body for annexation of the area, and it shall inform the public that an issue committee is required by law to register with the appropriate officer pursuant to section 1-45-108, C.R.S., within ten calendar days of accepting or making contributions or expenditures in excess of two hundred dollars to support or oppose the annexation question.
(7) Such commissioners and additional appointees provided for in subsection (5) of this section shall act as judges or clerks of the election, shall take the oath required by law for judges of general elections, and shall report the result of the voting in their respective polling places to the court within three days after such election. The court shall allow each judge and clerk a reasonable compensation for his services as such, not exceeding two dollars for each hour necessarily employed in the performance of his duties.
(8) The ballot used in such election shall contain the words "For Annexation" and "Against Annexation". At the time of voting, each voter shall indicate his choice by placing a cross mark (X) opposite one or the other of said groups of words. Voting machines may be used in the same manner as in municipal elections.
(9) If a majority of the votes cast at such election are against annexation or the vote is tied, the court shall order that all annexation proceedings to date are void and of no effect and that the governing body shall proceed no further with the instant annexation proceedings. If a majority of the votes cast at the election are for annexation, the court shall order, adjudge, and decree that such area may be annexed to the municipality upon the terms and conditions, if any, set forth by the governing body, and the municipality, by ordinance, may thereafter annex said area and impose the terms and conditions, if any, as approved by the landowners and the registered electors.
(10) All costs and expenses connected with such annexation election, including commissioner fees and all election expenses when incurred, shall be paid by the municipality to which the annexation is proposed.
C.R.S. § 31-12-113 Effective date of annexation - required filings
31-12-113. Effective date of annexation - required filings. (1) If the conditions of subsection (2) of this section are met, area annexed to a municipality, as provided in this part 1, shall be annexed upon the effective date of the annexing ordinance, except as otherwise provided in sections 31-12-118 and 31-12-118.5 and for tax purposes as provided in subsection (3) of this section.
(2) (a) The annexing municipality shall:
(I) File one copy of the annexation map with the original of the annexation ordinance in the office of the clerk of the annexing municipality;
(II) (A) File for recording three certified copies of the annexation ordinance and map of the area annexed containing a legal description of such area with the county clerk and recorder of each county affected.
(B) The county clerk and recorder of each county involved shall file one certified copy of such annexation ordinance and map with the division of local government of the department of local affairs and one certified copy of such annexation ordinance and map with the department of revenue.
(a.5) Upon receiving an annexation ordinance and map pursuant to sub-subparagraph (B) of subparagraph (II) of paragraph (a) of this subsection (2), the department of revenue shall communicate with any taxing entities affected by the annexation in order to facilitate the administration and collection of taxes within the annexed areas and to identify all retailers affected by the annexation. The department of revenue shall make copies of any such ordinances and maps available to all taxing entities in the state, including any special districts that impose a sales tax.
(b) No annexation shall be effective until the requirements of sub-subparagraph (A) of subparagraph (II) of paragraph (a) of this subsection (2) are met.
(c) In any action attacking the validity of an annexation proceeding, failure of the annexing municipality to have made the filings required by this subsection (2) shall not be deemed to invalidate the annexation where good cause for such failure is shown.
(3) An annexation shall be effective for the purpose of general taxation on and after the January 1 next ensuing.
(4) In the event that an annexation which has the effect of changing county lines occurs before January 1, the assessor of the county from which such area was detached shall provide to the assessor of the county to which such area has been added, on or before the February 1 next ensuing, the following:
(a) An abstract of the total valuation for assessment of all taxable property so transferred;
(b) A certified copy of the assessment records of the individual properties in the annexed area as of the effective date of annexation containing the legal description, the name and address of the owner, and the valuation for assessment of all taxable property, together with such supporting records as are required by the regulations of the property tax administrator.
C.R.S. § 31-12-114 Conflicting annexation claims of two or more municipalities
31-12-114. Conflicting annexation claims of two or more municipalities. (1) At any time during a period of notice given by a municipality pursuant to section 31-12-108, any other municipality may, subject to compliance with section 30 of article II of the state constitution, receive a petition for annexation or a petition for an annexation election pursuant to section 31-12-107 with the area partly or wholly overlapping the area proposed for annexation by the first municipality. If this occurs, the respective rights of the several municipalities shall be determined in accordance with an election as provided in this section.
(2) All further proceedings for the annexation of the area claimed by both municipalities shall be held in abeyance pending the holding of an election of the landowners and the registered electors within such area as described in subsection (4) of this section for the purpose of determining to which municipality such electors prefer to annex. This election shall be held pursuant to the provisions of section 31-12-112, except as provided in this section.
(3) The second municipality indicating its intent to annex shall petition the district court of the county in which the area proposed to be annexed is located for the election provided for in subsection (2) of this section. Such petition shall be filed within thirty days after the effective date of the resolution of intent or the date of the filing of the petition described in subsection (1) of this section.
(4) All of the landowners and the registered electors in the area claimed by both municipalities shall be entitled to vote at said election. Any corporate landowner may by resolution designate one of its officers to cast its vote.
(5) (a) If the disputed area has less than two-thirds boundary contiguity with either municipality, the ballot shall contain two questions:
(I) "For Annexation" and "Against Annexation"; and
(II) "For annexation to ".
(name of municipality first starting proceedings)
and "For annexation to ".
(name of municipality second starting proceedings).
(b) If more than two municipalities dispute the same area, the ballot shall list each municipality in order of the date when it started proceedings under this part 1 and in the same form as specified in this section. If the disputed area does have more than two-thirds boundary contiguity with one of the municipalities, only the question in subparagraph (II) of paragraph (a) of this subsection (5) shall appear on the ballot. If both questions are to appear on the ballot, the notice of the election shall contain a statement that all of the landowners and the registered electors may vote on the second question irrespective of their votes on the first question.
(6) If, upon a canvass of the votes, it is found that a majority of the votes cast were against annexation, or that the vote on the issue of annexation is tied, or that the vote on which municipality should annex is tied, the court shall declare all annexation proceedings of both municipalities insofar as they relate to the disputed area to be void and of no effect, and both municipalities shall be barred from continuing with the current annexation proceedings insofar as they relate to such disputed area.
that the vote on the issue of annexation is tied, or that the vote on which municipality should annex is tied, the court shall declare all annexation proceedings of both municipalities insofar as they relate to the disputed area to be void and of no effect, and both municipalities shall be barred from continuing with the current annexation proceedings insofar as they relate to such disputed area.
(7) If the vote is in favor of annexation, the municipality to which the landowners and the registered electors indicate their intention to annex may proceed to hold a hearing as provided in this part 1 and to comply with the other provisions of this part 1 with respect to the area claimed by both municipalities; if such area is found to comply with the applicable provisions of sections 31-12-104 and 31-12-105 and if the entire area proposed to be annexed has been in dispute, the subject election shall be deemed to comply with the provisions of sections 31-12-107 and 31-12-112 relative to an election of the landowners and the registered electors for areas having less than two-thirds boundary contiguity with the annexing municipality.
(8) If more than two municipalities claim a disputed area and a majority of the votes are cast in favor of one municipality, that municipality may proceed to hold a hearing as provided in this part 1 and to comply with the other provisions of this part 1 with respect to the area claimed by the several municipalities; but the subject election shall be deemed to comply with the provisions of sections 31-12-107 and 31-12-112 relative to an election of the landowners and the registered electors for areas having less than two-thirds boundary contiguity with the annexing municipality. If no municipality receives a majority, a runoff election between the two municipalities receiving the largest pluralities shall be held no sooner than four weeks and no longer than seven weeks after the date of the initial election to determine to which municipality the landowners and the registered electors desire to annex. Notice of such second election shall be given in the manner directed by the court. This election shall have the same effect as if it were the original election between the two municipalities involved.
(9) Notwithstanding any provision in this part 1 to the contrary, if the total area proposed for annexation or the disputed part thereof has more than two-thirds boundary contiguity with one of the municipalities, that municipality shall have the right to annex the disputed area unless three-fourths of the total votes cast at the election favor annexation to another municipality.
(10) Unless the area claimed by more than one municipality constitutes more than one-third of the area proposed for annexation, inclusive of streets, to the first annexing municipality, nothing in this part 1 shall prevent a municipality from proceeding with the annexation of that part of the area described in its resolution which is not claimed by another municipality without waiting for the holding of the election described in this section. In the hearing required by sections 31-12-108 and 31-12-109 and the findings required by section 31-12-110, the issue shall be the compliance of the undisputed portion of the area proposed for annexation with the requirements and limitations of sections 31-12-104 and 31-12-105. If the annexation was initiated by petition under section 31-12-107 and if the requirements of said sections 31-12-104 and 31-12-105 are met, the annexing municipality shall submit the issue of annexation with the changed boundaries to an election of the landowners and the registered electors to be held in accordance with section 31-12-112.
ents and limitations of sections 31-12-104 and 31-12-105. If the annexation was initiated by petition under section 31-12-107 and if the requirements of said sections 31-12-104 and 31-12-105 are met, the annexing municipality shall submit the issue of annexation with the changed boundaries to an election of the landowners and the registered electors to be held in accordance with section 31-12-112.
(11) The costs of the election shall be paid by the municipalities which are disputing the annexation by the first annexing municipality. If more than one municipality is disputing such annexation, the costs shall be apportioned among such disputing municipalities on a just and equitable basis by the court supervising the election.
C.R.S. § 31-12-115 Zoning of land while annexation is under way - zoning of newly annexed land - subdivision of land while annexation is under way - regulatory impairments affecting newly annexed land used for agricultural purposes - notice - definitions
31-12-115. Zoning of land while annexation is under way - zoning of newly annexed land - subdivision of land while annexation is under way - regulatory impairments affecting newly annexed land used for agricultural purposes - notice - definitions. (1) An annexing municipality may institute the procedure outlined in state statutes or municipal charter to make land subject to zoning at any time after a petition for annexation or a petition for an annexation election has been found to be valid in accordance with the provisions of section 31-12-107. The proposed zoning ordinance shall not be passed on final reading prior to the date when the annexation ordinance is passed on final reading. If the zoning process is commenced prior to the effective date of the annexation ordinance, the legal protest area for zoning shall be determined solely on geographic location, irrespective of whether the land in such legal protest area is within or without or partly within and partly without the annexing municipality.
(2) If the municipality has a zoning ordinance, any area annexed on or after January 1, 1966, shall be brought under such zoning ordinance and map within ninety days after the effective date of the annexation ordinance, irrespective of any legal review which may be instituted pursuant to section 31-12-116.
(3) During such ninety-day period or such portion thereof required to comply with subsection (2) of this section, the annexing municipality may refuse to issue any building or occupancy permit for any portion or all of the newly annexed area.
(4) Any provision in a zoning ordinance automatically applying a uniform zoning classification to all land which may be annexed in the future is void and of no effect as to any annexation completed on or after January 1, 1966.
(5) Any annexing municipality may institute the procedure outlined in its subdivision regulations to subdivide land in the area proposed to be annexed at any time after a petition for annexation or a petition for an annexation election has been found to be valid in accordance with the provisions of section 31-12-107. The ordinance accepting the proposed subdivision shall not be passed on final reading prior to the date when the annexation is passed on final reading.
(6) (a) Notwithstanding any other provision of law, whenever a municipality annexes an area that contains any portion of a public transportation right-of-way, a customary or regular use of which involves the movement of any agricultural vehicles and equipment, for the period during which land use within the annexed area is devoted to agricultural use and regardless of whether the annexed area has been zoned for agricultural uses, the municipality shall not adopt or enforce any ordinance or regulation affecting the right-of-way, whether arising in connection with zoning, rezoning, the regulation of traffic, or otherwise, so as to restrict such customary or regular use of the right-of-way that is in existence as of the time of the annexation. Nothing in this subsection (6) shall be construed as in any way restricting the municipality from adopting or enforcing traffic regulations that are either consistent with the customary or regular use of the right-of-way or are necessary for the safety of vehicular and pedestrian traffic using the right-of-way.
regular use of the right-of-way that is in existence as of the time of the annexation. Nothing in this subsection (6) shall be construed as in any way restricting the municipality from adopting or enforcing traffic regulations that are either consistent with the customary or regular use of the right-of-way or are necessary for the safety of vehicular and pedestrian traffic using the right-of-way.
(b) In addition to any other applicable notice requirements provided by law, not less than thirty days prior to final adoption of an ordinance or regulation affecting the right-of-way in an annexed area that is devoted to agricultural use and regardless of whether the annexed area has been zoned for agricultural uses, the municipality shall send notice of the proposed ordinance or regulation to the following persons by means of the following methods:
(I) To any person who owns property in the annexed area that is contiguous to the right-of-way, by certified mail; and
(II) To such persons as appear on a list maintained by the municipality of interested persons who are to receive such notice by first-class mail. The name of any such person shall remain on the list until such time as the person requests removal of the person's name from the list.
(c) For purposes of this subsection (6), "agricultural vehicles and equipment" means any vehicle or equipment that is designed, adapted, or used for agricultural purposes.
C.R.S. § 31-12-116 Review
31-12-116. Review. (1) (a) If any landowner or any registered elector in the area proposed to be annexed, the board of county commissioners of any county governing the area proposed to be annexed, or any municipality within one mile of the area proposed to be annexed believes itself to be aggrieved by the acts of the governing body of the annexing municipality in annexing said area to said municipality, such acts or findings of the governing body may be reviewed by certiorari in accordance with the Colorado rules of civil procedure. Such review proceedings shall be instituted in any district court having jurisdiction of the county in which the annexed area is located. In no event shall such a proceeding be instituted prior to the effective date of the annexing ordinance by the annexing municipality.
(b) If the annexed area is located within two or more counties, review proceedings may be brought in any district court having jurisdiction of any one of such counties. In all such certiorari proceedings under this part 1, the district court shall be presided over by a judge appointed by the chief justice of the supreme court of the state of Colorado, which judge shall not be from the judicial district in which the area proposed to be annexed is located nor from a judicial district contiguous thereto.
(2) (a) (I) All such actions to review the findings and the decision of the governing body shall be brought within sixty days after the effective date of the ordinance, and, if such action is not brought within such time, such action shall forever be barred.
(II) All such actions to review the findings and the decision of the governing body shall be subject to the following requirement, which is a condition precedent to the right to obtain judicial review under this section: Any party bringing such action shall first have filed a motion for reconsideration within ten days of the effective date of the ordinance finalizing the challenged annexation, which motion shall state with particularity the grounds upon which judicial review is sought.
(III) The district court shall schedule such actions for expedited hearing.
(IV) In the event that the person bringing an action pursuant to this section fails to substantially prevail, the court may award the municipality its reasonable attorney fees and costs of defense.
(b) In any action brought within the sixty-day limitation of paragraph (a) of this subsection (2) to review the annexation of an enclave pursuant to section 31-12-106 (1), the court may review the findings and determinations of the governing body in annexing any territory which, in whole or in part, resulted in the creation of the enclave. If the court finds that any such prior annexation resulted in the creation of a municipal boundary that consists of public rights-of-way as set forth in section 31-12-106 (1.1)(a)(I) or occurred without compliance with section 30 of article II of the state constitution as set forth in section 31-12-106 (1.1)(a)(II), it shall declare the annexation of the enclave to be void, but no such finding or decision shall affect the validity of the prior annexation.
(3) Review proceedings instituted under this section shall not be extended further than to determine whether the governing body has exceeded its jurisdiction or abused its discretion under the provisions of this part 1.
(4) Any annexation accomplished in accordance with the provisions of this part 1 shall not be directly or collaterally questioned in any suit, action, or proceeding, except as expressly authorized in this section.
(5) If the hearing has not been stenographically reported as provided in section 31-12-109 (2) and if the court determines, after proper investigation, that the minutes of the hearing are not adequate to form the basis for a determination of the issue in the certiorari proceedings, the court may proceed to try the issue de novo.
tion, or proceeding, except as expressly authorized in this section.
(5) If the hearing has not been stenographically reported as provided in section 31-12-109 (2) and if the court determines, after proper investigation, that the minutes of the hearing are not adequate to form the basis for a determination of the issue in the certiorari proceedings, the court may proceed to try the issue de novo.
(6) All proceedings for judicial review of any annexation proceeding under this part 1 shall be advanced as a matter of immediate public interest and concern and heard at the earliest practical moment. The courts shall be open at all times for the purposes of this part 1.
C.R.S. § 31-12-117 Effect of review and of voiding of annexation ordinance by court order
31-12-117. Effect of review and of voiding of annexation ordinance by court order. (1) After the effective date of an annexation ordinance, the annexing municipality shall apply all pertinent ordinances to the annexed area, irrespective of any proceedings for judicial review.
(2) In the event that the district court enters a final judgment, as defined in rule 54 (a), Colorado rules of civil procedure, declaring the annexation proceedings void, no acts taken in compliance with or pursuant to the charter, ordinances, or regulations of the annexing municipality shall be voided thereby, even though such acts are not in compliance with applicable county requirements or the requirements of other municipal or quasi-municipal corporations having jurisdiction over the area affected by such judicial proceedings. Such acts shall include, among others, subdivision platting and the construction and occupancy of improvements. A judicial declaration voiding an annexation shall not invalidate the levy and collection of any taxes, license fees, or charges collected or imposed by the annexing municipality prior to such final judgment.
(3) The provisions of subsection (2) of this section shall apply with equal force and validity to judicial review of any annexation proceedings which have affected the boundaries of any county or city and county; except that, within ninety days after the effective date of such a final judgment, the county clerk and recorder of the county or city and county to which the area was attempted to be annexed shall transmit to the county clerk and recorder of the county to which the territory was returned as a result of the judicial determination of the invalidity of the annexation proceedings a copy of each approved subdivision plat, which copy shall then be recorded without charge in the records of the county to which the territory was so returned.
(4) The execution of any final judgment by the district court in any judicial review of an annexation proceeding shall automatically be stayed upon the filing of the record on appeal as provided by law and the Colorado appellate rules, and no application for supersedeas shall be necessary. Such stay shall continue in full force and effect pending final disposition of the proceedings on appeal.
C.R.S. § 31-12-118 Priority of annexation proceedings
31-12-118. Priority of annexation proceedings. (1) The purpose of this section is to give a first priority to annexation proceedings unless certain incorporation proceedings described in this section are commenced for all or part of the area subject to such annexation proceedings.
(2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), when a governing body receives a petition for annexation pursuant to section 31-12-107 (1) or a petition for an election on the question of annexation pursuant to section 31-12-107 (2), no other proceedings shall be commenced or prosecuted for the annexation or incorporation of the same area or any part thereof and no other proceedings shall be commenced or prosecuted for the creation of any quasi-municipal corporation in the same area or any part thereof until the question of annexing such area pursuant to any such petition has been finally determined. Nothing in this subsection (2) shall prevent a duly established special service district lawfully organized under part 5 or 6 of article 25 of this title, article 8 of title 29, C.R.S., part 2 of article 20 of title 30, C.R.S., or title 32 (except article 8), C.R.S., from receiving and prosecuting a petition for the inclusion of the same area or any part thereof within the boundaries of any such special service district during any pending annexation proceeding.
(b) A governing body shall hold annexation proceedings in abeyance if, on or after the date a petition for annexation pursuant to section 31-12-107 (1) or a petition for an election on the question of annexation pursuant to section 31-12-107 (2) is filed, a petition for incorporation of the same area or any part thereof is filed pursuant to part 1 of article 2 of this title and such area contains more than seventy-five thousand inhabitants.
(3) The fact that proceedings for the incorporation of an area have been commenced prior to the filing of a petition for annexation under section 31-12-107 (1) or prior to the filing of a petition for an election on the question of annexation under section 31-12-107 (2) shall in no way affect such proceedings for the annexation of all or part of the same area, and any such incorporation proceedings shall be held in abeyance until the question of annexation has been finally determined. Similarly the fact that proceedings for the creation of a quasi-municipal corporation have been commenced prior to the filing of a petition for annexation under section 31-12-107 (1) or the filing of a petition for an election on the question of annexation under section 31-12-107 (2) shall in no way affect such proceedings for the annexation of all or part of the same area, and any such proceedings for the creation of quasi-municipal corporations shall be held in abeyance until the question of annexation has been finally determined.
(4) This section shall not apply if the petition for annexation under said section 31-12-107 (1) or the petition for an election on the question of annexation under said section 31-12-107 (2) is first filed with the governing body within the ten days next preceding the date set for an election on the question of incorporation or an election on the question of the creation of a quasi-municipal corporation in part or all of the same area, nor shall this section apply to any incorporation petition involving an area which contains more than ten thousand inhabitants.
(5) In the event of any lawsuit challenging the provisions of this section or their applicability to any situation, such legal proceedings shall be advanced on the docket as a matter of immediate public interest and concern and shall be heard at the earliest practical moment.
C.R.S. § 31-12-118.5 Effect of incorporation proceedings in an area of more than seventy-five thousand inhabitants - annexation ordinance - legislative declaration
31-12-118.5. Effect of incorporation proceedings in an area of more than seventy-five thousand inhabitants - annexation ordinance - legislative declaration. (1) The general assembly hereby finds and declares that:
(a) Incorporation of areas containing more than seventy-five thousand inhabitants into new municipalities furthers the goal of orderly growth of urban communities and achieves the purposes stated in section 31-12-102;
(b) Municipal incorporations of areas containing such population present viable municipal communities and are favored over municipal annexations that may fragment affected communities and reduce or eliminate the ability to provide municipal government, services, and facilities to those communities;
(c) The current municipal annexation and incorporation laws do not adequately expressly address the priority to be given municipal incorporation of areas containing such population;
(d) This section and section 31-12-118 (2)(b) are necessary to provide remedial direction regarding the jurisdiction of municipalities to subject areas containing such population to municipal annexation and, therefore, that each section shall apply on and after February 1, 1999, to all annexation proceedings that are pending or subject to judicial review or appeal commenced pursuant to sections 31-12-116 and 31-12-117 whether or not such review or appeal is sought;
(e) The enactment of this section and section 31-12-118 (2)(b) is not violative of section 11 of article II of the Colorado constitution with respect to annexation proceedings that are pending or subject to judicial review or appeal on February 1, 1999, since:
(I) Section 11 of article II of the Colorado constitution applies solely to statutes that take away or impair a vested right acquired under existing laws or that impose a new duty or create a new obligation with respect to completed transactions or considerations;
(II) No person has a vested right in any annexation proceedings that are pending or subject to judicial review or appeal on February 1, 1999, that will be impaired by this section or section 31-12-118 (2)(b); and
(III) This section and section 31-12-118 (2)(b) do not impose a new duty or create a new obligation with respect to any municipal annexation that is completed and that is final and no longer subject to judicial review or appeal.
(2) (a) If a petition for an incorporation election is filed pursuant to part 1 of article 2 of this title, then no annexation ordinance that annexes all or any part of the area included in such petition shall be deemed final. This subsection (2) shall apply only if such area proposed for incorporation contains more than seventy-five thousand inhabitants and such petition is filed:
(I) Prior to the expiration of the sixty-day limitation on review proceedings contained in section 31-12-116 (2)(a); or
(II) After a review proceeding on such annexation ordinance has been commenced pursuant to section 31-12-116 and prior to the date of a judicial declaration or final judgment, including an appellate judgment, on such review proceeding.
(b) If such incorporation election is approved by a court order entered pursuant to section 31-2-103, then such annexation ordinance shall be deemed void with respect to any area that is incorporated pursuant to such election.
C.R.S. § 31-12-119 Disconnection of territory because of failure to serve
31-12-119. Disconnection of territory because of failure to serve. The landowners of any tract or contiguous tracts of land aggregating five acres or more located on a boundary of the municipality at the time of the disconnection action may, three or more years after annexation, petition for disconnection from the municipality if such municipality does not, upon demand, provide the same municipal services on the same general terms and conditions as the rest of the municipality receives. The procedure for such disconnection shall be as set forth in parts 6 and 7 of this article, insofar as consistent with this section. To the extent that such parts are inconsistent with this section, the provisions of this section shall prevail when the action is based on failure of the municipality to serve an annexed area.
C.R.S. § 31-12-120 Court approval required for certain annexations
31-12-120. Court approval required for certain annexations. (1) Any annexation which would have the effect of detaching part of the area of an existing school district shall not become effective prior to court approval as specified in this section; except that this subsection (1) shall not apply to an enclave area which has five hundred or less inhabitants nor to any annexation the petition for which is signed by one hundred percent of the landowners in the area proposed to be annexed.
(2) In the event of an annexation as set forth in subsection (1) of this section, the annexing municipality, within ten days following the election as provided in section 31-12-107 or the adoption of the ordinance as provided in section 31-12-106, shall give written notice of intention to annex, pursuant to this part 1, to the board of education of the school district from which it is proposed that the area will be detached.
(3) Within thirty days after the notice of annexation proceedings specified in subsection (2) of this section is delivered to the board of education, the annexing municipality shall petition the district court in accordance with the jurisdictional requirements set forth for review of the governing body's actions in section 31-12-116 (1) for the granting or denial of the requisite court approval to consummate annexation. The petition shall name the board of education as party defendant.
(4) The court shall determine:
(a) On the basis of the most recent assessment, the aggregate valuation for assessment of all property in the school district and the aggregate valuation for assessment of all property in the territory proposed to be annexed; and
(b) On the basis of the most recent enrollment records of the school district, the aggregate number of pupils enrolled in the school district and the aggregate number of pupils so enrolled who live in the area proposed to be annexed.
(5) If the pupil percentage (the percentage of all enrolled pupils that is reflected by all enrolled pupils living in the area proposed to be annexed, carried to four decimal places) is less than three-fifths of the property percentage (the percentage of aggregate valuation for assessment of all property that is reflected by property lying within the area proposed to be annexed), the court shall disapprove the proposed annexation, and such annexation shall not become effective; except that the court shall not be required to disapprove a proposed annexation if it finds that ninety percent of the aggregate valuation for assessment of property in the area to be annexed consists of unimproved land. In no event shall the court approve a proposed annexation which, together with the valuation for assessment of all other property detached from a school district in any one calendar year, exceeds five percent of the aggregate valuation for assessment of all property in the school district.
C.R.S. § 31-12-121 Provision of municipal services to outside consumers - agreement to annex
31-12-121. Provision of municipal services to outside consumers - agreement to annex. Any municipality, as a condition precedent to the supplying of municipal services pursuant to contract, may require a contemporary agreement by such consumers, who are owners in fee of real property so supplied, to apply for or consent to the annexation of the area to be supplied with such municipal services to the supplying municipality at such future date as the area supplied, or any portion thereof, becomes eligible for annexation pursuant to the provisions of this part 1. The agreement to annex shall be enforceable by an action for specific performance filed in the district court of the judicial district containing all or part of the supplying municipality. A memorandum of such agreement, setting forth the names of the owners in fee of real property supplied and the legal description of such area, shall be recorded in the office of the county clerk and recorder of the county in which such area is located and shall constitute constructive notice of such agreement to all persons not parties thereto. In no event shall the board of directors of any quasi-municipal corporation organized under part 5 or 6 of article 25 of this title, article 8 of title 29, part 2 of article 20 of title 30, or title 32 (except article 8), C.R.S., or any other law of this state be permitted to obligate or require property owners within any such district to sign any such agreement in order to obtain water service from a municipality.
C.R.S. § 31-12-122 Relation of this part 1 to other laws
31-12-122. Relation of this part 1 to other laws. The powers conferred and limitations imposed by this part 1 shall be in addition and supplemental to and not in substitution for powers conferred by any other law.
C.R.S. § 31-12-123 Applicability to city and county of Denver
31-12-123. Applicability to city and county of Denver. Notwithstanding any provisions of this article to the contrary, this article shall not apply to the city and county of Denver.
C.R.S. § 31-12-201 Including adjacent area upon reorganization
31-12-201. Including adjacent area upon reorganization. (1) When a city or town incorporated prior to July 3, 1877, proceeds to abandon its prior organization and to reorganize under the provisions of part 3 of article 2 of this title, it may include within the boundaries of such reorganized municipality all or any part of contiguous area if:
(a) The contiguous area has been laid off or platted in accordance with the provisions of this title;
(b) The owner of such area has not constituted the same as an addition to such city or town;
(c) The area is not situate within another municipality.
(2) In such cases, the boundaries of all of such city or town, including such contiguous territory, shall be set forth in the petition described in part 3 of article 2 of this title, and all registered electors residing within those boundaries shall be entitled to vote at the election to be conducted under the provisions of said part 3 of article 2.
C.R.S. § 31-12-301 Annexation to charter city
31-12-301. Annexation to charter city. When any city or town is contiguous to any city existing under any special charter of this state or the territory of Colorado, which charter was issued prior to July 3, 1877, and in such special charter it is provided that when any such city or town, in pursuance of any law of this state, is dissolved or becomes annexed to the city existing under a special charter and the area included within such city or town existing under general laws becomes part of the city existing under a special charter, the city or town may be annexed to and become part of the city existing under a special charter in the manner set forth in this part 3.
C.R.S. § 31-12-302 Petition - order of court
31-12-302. Petition - order of court. A petition signed by not less than twenty percent of the qualified taxpaying electors of such city or town for the dissolution of such city or town and the annexation of the same to the city existing under a special charter may be filed in the office of the clerk of the district court for the county in which the city or town is situated. The petition, or any part thereof, shall be accompanied by an affidavit of one or more of the petitioners showing that the signers are qualified taxpaying electors of such city or town and shall be prima facie evidence of the matters therein set forth. Upon the filing of such petition and upon the consent of the special charter city being shown by published ordinance, the district court shall make an order reciting the substance of the petition and requiring the governing body of such city or town to submit the question of such dissolution and annexation at the next regular election or at a special election of such city or town, as provided in section 31-12-305, to a vote of the registered electors thereof. The order shall be served by delivering a copy thereof to any member of the governing body of such city or town and shall be filed in the office of the clerk of such city or town.
C.R.S. § 31-12-303 Annexation consented to by ordinance - indebtedness
31-12-303. Annexation consented to by ordinance - indebtedness. No order shall be made by any district court requiring the submission of the question of dissolution and annexation to any election held pursuant to this part 3 until the city existing under a special charter to which it is proposed that such annexation be made has consented to such annexation by ordinance duly passed and published. In case of the annexation of any city or town to any city existing under a special charter, as provided in section 31-12-301, neither the indebtedness of the city or town so annexed nor that of the city to which the same shall be annexed shall become a common indebtedness. Such indebtedness shall be paid by general taxation upon all the taxable property within the city or town in and by which the indebtedness was created.
C.R.S. § 31-12-304 School districts - annexation of area to another school district - applicability
31-12-304. School districts - annexation of area to another school district - applicability. (1) When the dissolution and annexation of any city or town under the provisions of this part 3 will result in the detachment of an area from any school district and the attachment of such area to another school district, no petition under section 31-12-302 is valid unless accompanied by a resolution of the board of directors of the school district to which such area will be attached approving such annexation. If there are any school facilities located within the detached area, the school district owning such facilities shall receive just compensation from the school district that acquires them. Such compensation shall be determined by mutual agreement of the school boards involved or in accordance with the applicable provisions of articles 1 to 7 of title 38, C.R.S. As used in this section, the term "facilities" is limited to school buildings and the real property on which they are situate. Any moneys received by a school district as compensation for such school facilities shall be treated as proceeds from sales of assets pursuant to section 22-45-112, C.R.S.
(2) The provisions of this section shall apply to any annexation or dissolution and annexation proceedings which have not been completed prior to May 22, 1971.
C.R.S. § 31-12-305 Question submitted to registered electors
31-12-305. Question submitted to registered electors. The governing body of such city or town shall, by ordinance and within a reasonable time to be fixed by the court in said order, direct that an election be held to submit the question of the dissolution and annexation to a vote of the registered electors. If the order of the district court is served more than thirty days and less than one hundred twenty days prior to the next regular election of such city or town, the question shall be submitted to a vote of the registered electors at such regular election; otherwise, the question shall be submitted at a special election to be called and held for that purpose. Such election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965".
C.R.S. § 31-12-306 Notice of election
31-12-306. Notice of election. Notice of the submission of the question at a regular or special election shall be given by the clerk in the manner provided in the "Colorado Municipal Election Code of 1965" and shall state the substance of the proposition as submitted by the ordinance. The clerk shall forthwith file in the office of the clerk of the district court a certificate under the seal of such city or town, containing a copy of said notice and specifying the time when and the places where such notices were posted and the newspapers in which said notices were published; and the same shall be prima facie evidence of the matters set forth therein.
C.R.S. § 31-12-307 Ballots
31-12-307. Ballots. All ballots or voting machine tabs prepared for use pursuant to this part 3 shall contain the propositions "For Annexation" and "Against Annexation". If the question is submitted on paper ballots, such ballots shall be deposited in a separate ballot box used for that purpose only.
C.R.S. § 31-12-308 Report - approval by court
31-12-308. Report - approval by court. (1) Following the canvass and certification of the results of the election, the clerk shall forthwith prepare a report, which shall be signed by the mayor and attested by the clerk under the seal of such city or town, containing a copy of the ordinance under which the question was submitted and of the certified statement and determination of the result of such vote, and he shall file said report in the office of the clerk of the district court.
(2) The court shall examine the report and hear any objections and evidence that may be offered concerning the regularity or irregularity of the proceedings. If the court finds the proceedings irregular, the court shall disapprove said report and order a new election in accordance with the provisions of this part 3. If the court finds that the proceedings were substantially regular, the court shall approve the report. If a majority of the votes cast are against annexation, the question shall not again be submitted at any election held within twelve months thereafter. If a majority of the votes so cast are for annexation, from the approval of such report, such city or town shall be dissolved, and the area then included within the boundaries thereof shall be annexed to and become part of the city existing under a special charter upon the filing of two certified copies of notice of the completion of such action with a legal description accompanied by a map of the area concerned by the special charter city with the county clerk and recorder of the county in which such action has taken place. The county clerk and recorder shall file the second certified copy of such notice with the division of local government of the department of local affairs, as provided by section 24-32-109, C.R.S. Appeals may be made from judgments of the district court in such proceedings as in other civil cases.
(3) When residence or the payment of taxes is required by law as a qualification to vote or to hold office in the city existing under a special charter, residence and the payment of taxes in any area so annexed shall constitute such qualifications to the same extent as if the same had been in the city existing under a special charter during the same period.
C.R.S. § 31-12-309 Termination of offices
31-12-309. Termination of offices. If the question so submitted is submitted at a regular election of such city or town and it appears from the canvass that a majority of the votes cast at such election upon the question are "For Annexation", all votes for officers of such city or town, or upon any other question submitted at said election, and all certificates of election issued in pursuance thereof shall be of no force or effect. In such case, upon the approval of the report by the district court, the terms of office of the dissolved city or town shall cease.
C.R.S. § 31-12-310 Rights become property of city enlarged - utilities not curtailed
31-12-310. Rights become property of city enlarged - utilities not curtailed. When in pursuance of this part 3 any city or town is annexed to any city existing under a special charter, all rights, causes of action, records, uncollected revenues, and other property of the city or town so annexed shall accrue to and become the property of the annexing city. At least a proportionate share of the moneys of the annexing city available for water service, lights, and other public improvements shall be expended each year within the area formerly included within the city or town so annexed, based upon the valuation for assessment thereof. The water and light service of any city or town so annexed shall not be curtailed after such annexation.
C.R.S. § 31-12-311 Validity not questioned after ninety days
31-12-311. Validity not questioned after ninety days. The validity of any proceeding to dissolve and annex any city or town by virtue of this part 3 shall not be questioned in any action or proceeding commenced more than ninety days after such dissolution and annexation is effected.
C.R.S. § 31-12-401 Consolidation of contiguous cities or towns
31-12-401. Consolidation of contiguous cities or towns. (1) When two or more contiguous cities or towns desire to consolidate with each other, the governing body of each such city or town shall appoint from the officers or citizens thereof a total of three commissioners. The commissioners shall confer together and thereafter report to each governing body the terms and conditions of the proposed consolidation. Such report shall contain, in addition to any other matters which the commissioners may desire to insert therein, the following:
(a) The name for the proposed consolidated city or town;
(b) The number of wards into which the new city shall be divided, in the case of a proposed consolidated city, together with the boundaries of such wards.
(2) In fixing the number of wards, the commissioners shall not select a number which exceeds the entire number of wards contained in all of the cities and towns proposed to be consolidated; except that one ward may be allowed for each town proposed to be consolidated with a city.
(3) If the governing body of each such city or town approves the terms and conditions contained in the report, it shall so declare by proper ordinance which may be passed at any one regular or special meeting called for the purpose. Thereupon the governing body of each such city or town shall submit, by ordinance, the question of consolidation upon the terms and conditions so proposed to the registered electors of its respective city or town.
C.R.S. § 31-12-402 Election - notice - ballot
31-12-402. Election - notice - ballot. (1) In case the ordinance of approval is passed by the governing body less than one hundred twenty days and more than thirty days prior to the regular election in such city or town, the submission to the electors shall be at such regular election; otherwise, the governing body, in the ordinance of approval, shall order a special election, to be held not less than thirty days nor more than forty days after that date for the purpose of determining the question of such consolidation. Such election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965".
(2) The mayor or, in case there is no mayor, the presiding officer of the governing body shall cause notice of the election to be given, which notice shall be given in the manner prescribed by the "Colorado Municipal Election Code of 1965".
(3) The form of the ballots or voting machine tabs at such election shall be: "For Consolidation" and "Against Consolidation". If a majority of the votes cast at such election in each of the cities or towns proposed to be consolidated are for consolidation, the proposition shall be carried. If a majority of the votes cast at such election in any of the cities or towns proposed to be consolidated are against consolidation, the proposition shall be defeated, and such question shall not be submitted again for one year.
(4) If any one or more of the cities or towns proposed to be consolidated was a city, the consolidated corporation shall be a city.
C.R.S. § 31-12-403 Election of officers after consolidation
31-12-403. Election of officers after consolidation. In case the proposition for consolidation is carried in all of said cities or towns, the mayors or presiding officers of the governing bodies shall at once issue a joint proclamation announcing an election of officers of the consolidated city or town. Notice of the election shall be given in the manner prescribed by the "Colorado Municipal Election Code of 1965". At said election there shall be chosen a board of trustees if the consolidated corporation is a town, and, if it is a city, there shall be chosen a mayor and two councilmen for each ward of the consolidated city. There shall be elected, in addition, such other officers as under the law are or may be elected by the electors in cities or towns. Such election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965" insofar as practicable under the direction of the clerks and governing bodies of the cities and towns which were consolidated.
C.R.S. § 31-12-404 Tenure of officers
31-12-404. Tenure of officers. All officers chosen at such election, including councilmen, shall hold their respective offices until the next regular election. At the first regular election succeeding the consolidation and at each succeeding regular election thereafter, there shall be elected two councilmen for each ward of said city, each of whom shall hold office for a term of two years.
C.R.S. § 31-12-405 Consolidation complete
31-12-405. Consolidation complete. The members of the governing body elected at such election, on the second Monday after the election, shall meet and organize the governing body of the consolidated city or town and shall file two certified copies of the notice of the consolidation with a legal description accompanied by a map of the area concerned by the consolidated city or town with the county clerk and recorder of the county in which such action has taken place, and from that time the consolidation shall be deemed complete. The county clerk and recorder shall file the second certified copy of such notice with the division of local government in the department of local affairs, as provided by section 24-32-109, C.R.S. The consolidated city or town shall thenceforth exist with the same powers and duties and subject to the same regulations as other cities or towns. The cities or towns so consolidated shall then be merged in the consolidated corporation, and the terms of office of all of the officers of the cities and towns so consolidated shall cease.
C.R.S. § 31-12-406 First ordinances - appropriation
31-12-406. First ordinances - appropriation. The governing body of the consolidated city or town may pass, at the first meeting or as soon thereafter as possible, a resolution adopting in a body the ordinances of some one of the cities or towns forming the consolidated town or city as such ordinances existed at the date of consolidation. Upon the passage of the resolution, the whole of the ordinances of the city or town so designated as they existed at the date of consolidation shall become the ordinances of the consolidated city or town in the same manner as if they had been regularly passed and published by the governing body of the consolidated city or town and shall so remain until amended or repealed. They shall also make appropriation, by ordinance, for the expense of the then unexpired portion of the current fiscal or municipal year.
C.R.S. § 31-12-407 Licenses
31-12-407. Licenses. All licenses or other privileges issued or granted by any of the consolidated towns or cities prior to consolidation shall remain in full force and effect until the expiration of the same according to the terms thereof.
C.R.S. § 31-12-408 Bonded and floating indebtedness
31-12-408. Bonded and floating indebtedness. All bonded indebtedness due or owing by any city or town prior to consolidation shall remain, after consolidation, the debt of that portion of the consolidated city or town comprised within the former limits of the city or town which owed such indebtedness prior to consolidation. No tax shall be levied or collected for the payment of the principal and interest of such indebtedness, except upon and from persons or property residing or situated within the former limits of the town or city owing such indebtedness. The governing body of the consolidated city or town shall make such levies and take such other measures for the payment of the principal and interest out of the property within such limits as it would have been the duty or within the power of the governing body of the city or town owing such indebtedness to do had no such consolidation taken place. If any of the cities or towns consolidated owed any floating indebtedness at the date of consolidation, the governing body of the consolidated city or town shall ascertain the amount of such indebtedness owed by each of said cities or towns prior to consolidation and, at the next annual levy of taxes succeeding consolidation, shall make a special levy upon property situated within the former limits of the city or town owing such indebtedness sufficient for the payment of the same. The terms of consolidation may make other provisions for said bonded or floating indebtedness. Any such bonded indebtedness may be refunded by the consolidated city or town under the provisions of the laws of Colorado existing at the time of such refunding providing for the refunding of bonds of cities and towns.
C.R.S. § 31-12-409 Property belongs to consolidated cities or towns
31-12-409. Property belongs to consolidated cities or towns. All property, real or personal, belonging to any of the cities or towns prior to consolidation, unless the agreement for consolidation otherwise provides, immediately upon the accomplishment of consolidation, shall vest in and become the property of the consolidated city or town. All indebtedness, claims, demands, or rights owing or belonging to any of said cities or towns prior to consolidation in like manner shall vest in and become due to the consolidated city or town, which shall thereafter have the right to demand, have, sue for, recover, and enforce the same in its own name.
C.R.S. § 31-12-410 Suits - special tax
31-12-410. Suits - special tax. If any actions, suits, or proceedings are pending against any one of the cities or towns at the time of the consolidation, the consolidated city or town shall be substituted as plaintiff or defendant in such action, suit, or proceeding. The same shall thenceforth proceed as if the claim, right, debt, or demand upon which said action, suit, or proceeding was founded had originally existed in favor of or against such consolidated town or city. In like manner, any person who, at the date of consolidation, has any claim, demand, or right of action against any one or more of the cities or towns so consolidating may bring any action, suit, or proceeding necessary for the collection or enforcement thereof after such consolidation against the consolidated city or town in the same manner as though the claim, demand, or right of action had originally existed against such consolidated city or town. In no case shall any tax be levied upon or liability incurred by any property or persons on account of such actions, suits, proceedings, debts, liabilities, or rights of action, except those persons and property which would have been liable for the same in case no consolidation had taken place. The governing body of the consolidated city or town has the power to levy a special tax upon persons and property within the former limits of the city or town against which such action, suit, proceeding, claim, demand, or right of action existed for the payment, liquidation, or settlement thereof or of any judgment founded thereon. The terms of consolidation may make other provisions for the payment of such demands, liabilities, and judgments.
C.R.S. § 31-12-411 Collection of prior taxes - disposition
31-12-411. Collection of prior taxes - disposition. The county treasurer shall proceed to collect all taxes assessed against persons or property within the limits of the cities or towns consolidating prior to such consolidation in the same manner as if no such consolidation had taken place. All moneys in the hands of the county treasurer at the date of consolidation belonging to any of the consolidating cities or towns and all moneys thereafter collected by him on account of any of such consolidating cities or towns shall be turned over by him to the proper officers of the consolidated city or town. In the same manner, if there are, at the date of consolidation, any moneys in the hands of any officer of any of the consolidating cities or towns belonging to his city or town, he shall forthwith turn over such moneys, upon the accomplishment of consolidation, to the proper officers of the consolidated city or town. The moneys thus obtained shall be applied to the payment of the indebtedness of the city or town from which they were derived, and the balance, if any, shall be used for the purpose of the consolidated city or town, unless the terms of consolidation otherwise provide.
C.R.S. § 31-12-412 Annexing cities and towns
31-12-412. Annexing cities and towns. (1) When any city or town desires to be annexed to another contiguous city or town, the governing body of each such city or town shall appoint a total of three commissioners to arrange and report to such governing body respectively the terms and conditions on which the proposed annexation can be made. If the governing body of each such city or town approves of the terms and conditions proposed, it shall so declare by proper ordinance. Thereupon, the governing body of each such city or town, by ordinance passed at least thirty days prior to the regular election therein or at least thirty days prior to a special election for that specific purpose, may submit the question of such annexation upon the terms and conditions so proposed to the registered electors of its respective city or town. Such election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965".
(2) If a majority of the registered electors of each city or town vote in favor of such annexation, the governing body of each shall so declare by proper ordinance. A certified copy of the whole proceedings for annexation of the city or town to be annexed shall be filed with the clerk of the city or town to which the annexation is made, and the latter shall file two certified copies of the notice of such action with a legal description accompanied by a map of the area concerned with the county clerk and recorder of the county in which such action has taken place. The county clerk and recorder shall file the second certified copy of such notice with the division of local government in the department of local affairs, as provided by section 24-32-109, C.R.S.
C.R.S. § 31-12-413 Annexation complete - rights - liabilities
31-12-413. Annexation complete - rights - liabilities. When certified copies of the proceedings for annexation are filed as contemplated in section 31-12-412, the annexation shall be complete, and the city or town to which the annexation is made has the power to pass such ordinances, not inconsistent with law, as will carry into effect the terms of such annexation. Thereafter, the city or town annexed shall be governed as part of the city or town to which it is annexed. Such annexation shall not affect or impair any rights or liabilities then existing for or against either of such cities or towns, and they may be enforced the same as if no such annexation had taken place.
C.R.S. § 31-12-414 School districts - annexation of area to another school district - applicability
31-12-414. School districts - annexation of area to another school district - applicability. (1) When any consolidation under this part 4 will result in the detachment of an area from any school district and the attachment of such area to another district, the provisions of section 31-12-304 shall apply with respect to the approval of the board of directors of the school district to which such area will be attached and with respect to the compensation required to be paid by the school district which acquires school facilities located within the detached area.
(2) The provisions of this section shall apply to any consolidation proceedings which have not been completed prior to May 22, 1971.
C.R.S. § 31-12-501 Application - enactment - filing - definitions
31-12-501. Application - enactment - filing - definitions. (1) When the owner of a tract of land within and adjacent to the boundary of a municipality desires to have said tract disconnected from such municipality, such owner may apply to the governing body of such municipality for the enactment of an ordinance disconnecting such tract of land from such municipality. The owner shall also provide notice and a copy of the application to the board of county commissioners of the county in which the tract of land that is the subject of the application is located and to the board of directors of any affected special district. No later than the effective date of the disconnection of a particular tract of land, any vested property rights affecting the tract that have been established pursuant to article 68 of title 24 prior to such date that are possessed by the owner of the tract shall be expired or relinquished.
(2) (a) Not more than thirty days after receiving the notice required by subsection (1) of this section, either the board of county commissioners or the board of directors of any affected special district may request a meeting with the owner and the governing body of the municipality, or its appointee, to discuss and address any negative impacts on the county that would result from the disconnection. If such meeting is requested, the owner and the governing body or its appointee shall meet with either the board of county commissioners, or its appointee, or the board of any affected special district, or its appointee, not more than thirty days after the meeting was requested. Failure by either the board of county commissioners or the board of any affected special district to request a meeting constitutes an acknowledgment by the particular board that the disconnection will not adversely affect the county or an affected special district, as applicable.
(b) As used in paragraph (a) of this subsection (2), "affected special district" means any special district that by its service plan or pursuant to an intergovernmental agreement is or will be expected to provide service to the tract of land that is the subject of the disconnection application. For purposes of paragraph (a) of this subsection (2), "negative impact" includes any change in the level or extent of services being provided to the tract of land by any special district.
(3) On receipt of such application, the governing body of the municipality shall give due consideration to the disconnection application, and, if such governing body is of the opinion that the best interests of the municipality will not be prejudiced by the disconnection of such tract, it shall enact an ordinance effecting such disconnection.
(4) If such an ordinance is enacted, it is immediately effective upon the required filing with the county clerk and recorder to accomplish the disconnection, and two certified copies thereof shall be filed by the clerk in the office of the county clerk and recorder of the county in which such tract lies. The county clerk and recorder shall file the second certified copy with the division of local government in the department of local affairs, as provided by section 24-32-109, C.R.S.
ng with the county clerk and recorder to accomplish the disconnection, and two certified copies thereof shall be filed by the clerk in the office of the county clerk and recorder of the county in which such tract lies. The county clerk and recorder shall file the second certified copy with the division of local government in the department of local affairs, as provided by section 24-32-109, C.R.S.
(5) (a) Any tract of land that has been disconnected from a municipality, whether by means of an ordinance enacted under subsection (3) of this section or a court decree that has been entered under part 6 of this article 12, shall be made subject to the applicable county's zoning resolution and map and other land development regulations within ninety days after the effective date of the disconnection as described in subsection (4) of this section. Any provision of the county's zoning resolution, zoning map, or zoning plan automatically applying a uniform zoning classification to all land that may be disconnected in the future is void and of no effect as to any particular tract of land. The county may institute the procedure specified in the Colorado Revised Statutes, in its zoning resolution or zoning plan, or in its other land development regulations to allow the particular tract of land to obtain the necessary land entitlements at any time after the county receives the notice from the municipality regarding enactment of an ordinance disconnecting the tract from the municipality described in subsection (1) of this section; except that any such zoning resolution, zoning plan, or other land development action shall not be enacted and made effective until the tract of land has been disconnected from the municipality in accordance with this section.
(b) During the ninety-day period specified in subsection (5)(a) of this section, or such lesser time as is required to satisfy such requirement, the county may elect not to issue any building or occupancy permit for all or any portion of the land area that is the subject of the disconnection application.
(c) Any county may commence the procedure specified in its own subdivision regulations to subdivide the tract of land that is the subject of the disconnection application at any time after the disconnection has been completed and the ordinance has been filed with the county clerk and recorder in accordance with subsection (4) of this section; except that the county shall not make a final decision approving the subdivision until zoning affecting the particular tract of land has been enacted in accordance with subsection (5)(a) of this section.
C.R.S. § 31-12-502 Liability for taxes
31-12-502. Liability for taxes. The land so disconnected shall not thereby be exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the governing body of such municipality while such land was within the limits thereof and which remains unpaid and for the payment of which said land could be lawfully taxed.
C.R.S. § 31-12-503 Future levies - prepayment
31-12-503. Future levies - prepayment. When the governing body of such municipality levies a tax upon the property within such municipality for the purpose of paying such indebtedness or any part thereof or interest thereon, such governing body may levy a tax at the same rate and for the same purpose on the land so disconnected. The county treasurer shall pay over to such municipality all moneys collected by the treasurer on account of such tax, to be applied only to the payment of such indebtedness. In case the owner of any land so disconnected pays off and discharges a portion of such indebtedness equal in amount to the same proportion of the indebtedness which the valuation for assessment of the land bears to the entire valuation for assessment of all the property subject to taxation for the payment of such indebtedness, calculated according to the last assessment previous to such payment, said land is exempted from further taxation to pay such indebtedness. Upon such payment being made, the canceled bonds or other evidences of payment of such portion of said indebtedness must be deposited with the treasurer of such municipality, and a certificate shall be given by the treasurer stating that such payment has been made.
C.R.S. § 31-12-601 Petition to disconnect territory
31-12-601. Petition to disconnect territory. When a tract or contiguous tracts of land, aggregating twenty or more acres in area, are embraced within the municipal limits of any city, which are upon or contiguous to the border thereof, the owners of said tracts of land may petition the district court for the county in which such land, or any part thereof, is situated to have the same disconnected from said city.
C.R.S. § 31-12-602 Contents of petition
31-12-602. Contents of petition. (1) The petition shall contain the following:
(a) A description of the land sought to be disconnected;
(b) An allegation that the land contains in the aggregate an area of twenty or more acres and is located upon or adjacent to the border of the city;
(c) An allegation that no part of the land has been duly platted into lots and blocks as a part of or addition to the city;
(d) An acknowledgment that, for a period of six years after the effective date of the disconnection, the land shall not be subdivided into lots or plats of smaller area than is required during such period for lots within the city adjoining the land sought to be disconnected under the applicable ordinances or regulations of such city;
(e) An acknowledgment that the land shall not be used during said six-year period for industrial or commercial uses if, during such period, the applicable ordinances of the city prohibit such uses upon the area within the city adjoining such land;
(f) An allegation that all taxes or assessments lawfully due upon the land up to the time of the filing of the petition have been fully paid.
(2) Any decree of disconnection entered pursuant to this part 6 shall restrict the use of the land in the manner set forth in paragraphs (d) and (e) of subsection (1) of this section, but such restrictions shall not continue to apply to any land which, within six years after the effective date of the disconnection, is annexed back into the city.
C.R.S. § 31-12-603 Hearing - decree - proviso
31-12-603. Hearing - decree - proviso. (1) Upon the filing of such petition in the district court, the judge thereof shall set a date for a hearing, not less than forty days nor more than sixty days thereafter. It is the duty of the clerk of said court to cause a copy of such petition and a notice of the date and the time set for such hearing to be served upon the mayor of the city. The same shall be served at least thirty days prior to the hearing of such petition by the court. Upon the hearing and proof of the facts set forth in said petition, it shall be determined whether said tracts of land should be disconnected from such city, and the court shall enter an order or decree accordingly. When a city has maintained streets, lights, and other public utilities for a period of three years through or adjoining said tracts of land, the owners shall not be entitled to disconnect the land under the provisions of this part 6.
(2) If an area has been annexed to a city for a period of two years and then successful action is undertaken to disconnect such area, the disconnected land shall be made subject to the applicable county's zoning resolution and map and other land development regulations within ninety days after the effective date of the disconnection as described in section 31-12-501 (5).
C.R.S. § 31-12-604 Lands subject to tax for prior indebtedness
31-12-604. Lands subject to tax for prior indebtedness. The land so disconnected is not exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the governing body of such city while such land was within the limits thereof and which remains unpaid and for the payment of which said land could be lawfully taxed.
C.R.S. § 31-12-605 Copy of decree filed
31-12-605. Copy of decree filed. Two copies of the order or decree of said court disconnecting any land described in said petition from any city, certified by the clerk of said court, shall be filed for record in the office of the county clerk and recorder of the county in which such disconnected land, or any part thereof, is situated. The county clerk and recorder shall file the second certified copy with the division of local government in the department of local affairs, as provided by section 24-32-109, C.R.S. Such record or a copy of such order or decree, certified by the clerk of said court, shall be proof of the disconnection of such land.
C.R.S. § 31-12-701 Part 7 relates to towns only
31-12-701. Part 7 relates to towns only. This part 7 shall relate to towns only and shall not be construed to affect the disconnection of area from cities.
C.R.S. § 31-12-702 Petition court to disconnect from town
31-12-702. Petition court to disconnect from town. When a tract or two or more contiguous tracts of agricultural or farm land aggregating twenty or more acres in area are embraced within the corporate limits of any town, the outer boundary of which acreage is adjacent to or upon the border of said town, the owners of said tracts of land may petition the district court for the county in which such land is situated to have the same disconnected from said incorporated town. Intersecting highways or intervening railroads shall not render said tracts of land noncontiguous or nonadjacent.
C.R.S. § 31-12-703 Petition - contents
31-12-703. Petition - contents. (1) The petition shall contain the following:
(a) An allegation that such tracts of land contain in the aggregate an area of twenty or more acres of agricultural or farm land upon or adjacent to the border of said town;
(b) An allegation that the petitioners are the owners thereof;
(c) The description of the land;
(d) An allegation that no part of such area has been platted into lots or blocks as a part of or an addition to said town or, if so platted, that such plat has been vacated within a period of three years after the area was included within the boundaries of the town. The time limit provided in this paragraph (d) shall not apply to lands within towns that were incorporated prior to January 1, 1930.
(e) An allegation that all taxes or assessments lawfully due and payable upon said land up to the time of the presentation of said petition are fully paid;
(f) A representation that, for a period of six years after the effective date of disconnection, said tracts will not be subdivided into lots or plots of smaller area than is required during said period for lots within said town adjoining said tracts under the applicable ordinances or regulations of the town from which disconnection is sought and will not be used during said period for industrial or commercial use if during said period the applicable ordinances of the town from which disconnection is sought prohibits such use in the area within said town adjoining such tracts.
(2) Any decree of disconnection entered pursuant to this part 7 shall restrict the use of the land in the manner set forth in paragraph (f) of subsection (1) of this section, but such restrictions shall not continue to apply to any land which, within six years after the effective date of the disconnection, is annexed back into the town.
C.R.S. § 31-12-704 Hearing - decree - proviso
31-12-704. Hearing - decree - proviso. Upon the filing of such petition in the district court, the judge shall set a date for a hearing, not less than forty days nor more than sixty days thereafter. The clerk of the court shall serve a copy of the petition and a notice of the date and the time set for such hearing upon the mayor of the town. The same must be served at least thirty days prior to the hearing on such petition by the court. Upon the hearing and proof of the facts set forth in such petition, the court shall determine whether the tracts of land should be disconnected from the town, and the judge shall enter an order or decree accordingly. When a town has improved any of the highways passing through or adjoining said tracts of land by the construction and maintenance by the town of any special improvements along, under, or over the same for a period of more than two years prior to the presentation of the petition, the petitioners are not entitled to disconnect the land under the provisions of this part 7. Any disconnected land shall be made subject to the applicable county's zoning resolution and map and other land development regulations within ninety days after the effective date of the disconnection as described in section 31-12-501 (5).
C.R.S. § 31-12-705 Land not exempt from prior taxes
31-12-705. Land not exempt from prior taxes. The land so disconnected shall not be exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the governing body of said town while said land was within the limits thereof and which remains unpaid and for the payment of which said land could be lawfully taxed.
C.R.S. § 31-12-706 Land subject to tax for prior indebtedness
31-12-706. Land subject to tax for prior indebtedness. When the governing body of such town levies a tax upon the property within such town for the purpose of paying such indebtedness or any part thereof and interest thereon, such governing body shall have the authority to levy a tax at the same rate and for the same purpose on the land so disconnected. The county treasurer shall pay over to such town all moneys collected by him on account of such tax, to be applied only to the payment of such indebtedness. In case the owner of any land so disconnected pays off and discharges a portion of such indebtedness equal in amount to the same proportion of the indebtedness which the valuation for assessment of his land bears to the entire valuation for assessment of all the property subject to taxation for the payment of such indebtedness, calculated according to the last assessment previous to such payment, said land shall be exempted from further taxation to pay such indebtedness. Upon such payment being made, the canceled bonds or other evidences of payment of such portion of said indebtedness shall be deposited with the treasurer of such town, and a certificate shall be given by him stating that such payment has been made.
C.R.S. § 31-12-707 Decree recorded - proof
31-12-707. Decree recorded - proof. Two copies of the order or decree of said district court disconnecting any land described in said petition from any town, certified by the clerk of said district court, shall be filed for record in the office of the county clerk and recorder of the county in which such disconnected land is situated. The county clerk and recorder shall file the second certified copy with the division of local government in the department of local affairs, as provided by section 24-32-109, C.R.S. Such record or a copy of such order or decree, certified by the clerk of said district court, shall be proof of the disconnection of such land.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-31.docxFetched: 10/6/2026