HOUSE BILL 971099
BY REPRESENTATIVES Smith, Anderson, G. Berry, Entz, Schwarz, Sullivant, Taylor, and Tupa;
also SENATOR Bishop.
CONCERNING MUNICIPAL ANNEXATION.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 3112105
(1) (c) and (1) (d), Colorado Revised Statutes, 1986 Repl. Vol.,
are amended to read:
3112105. Limitations.
(1) Notwithstanding any provisions of this part 1 to
the contrary, the following limitations shall apply to all annexations:
(c) No annexation resolution
pursuant to section 3112106 and no annexation petition
or petition for an annexation election pursuant to section 3112107
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
3112114. 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 3112108
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 resolution
pursuant to section 3112106 or annexation petition
or petition for an annexation election pursuant to section 3112107
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.
SECTION 2. 3112106
(1.1) and (2), Colorado Revised Statutes, 1986 Repl. Vol., are
amended to read:
3112106. Annexation of
enclaves, partly surrounded land, and municipally owned land.
(1.1) Exception to annexation of enclaves. No enclave
may be annexed pursuant to subsection (1) of this section if:
(a) Any part of the municipal boundary
or territory surrounding such enclave consists at the time of
the annexation of the enclave solely
of public rightsofway, including streets and alleys,
which
THAT are not immediately adjacent to the municipality on the side
of the rightofway opposite to the enclave; OR
(b) 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.
(2) Annexation
of unincorporated areas which have had more than twothirds
boundary contiguity with the annexing municipality for a period
of not less than three years. The eligibility requirements of
section 3112104 shall not apply to annexations pursuant
to this subsection (2). The governing body of any municipality
may annex such area by the following procedure: Adopt a resolution
setting forth the intent of the governing body to annex the area
described in said resolution if, after notice and hearing as provided
in sections 3112108 and 3112109, the governing
body finds and determines that the proposed annexation complies
with the provisions of section 3112105. Such findings
and determinations shall be in writing and shall be included in
the minutes of the governing body's meeting. The governing body,
by ordinance, may approve such annexation.
SECTION 3. 3112107
(5), Colorado Revised Statutes, 1986 Repl. Vol., is amended, and
the said 3112107 as amended, is further amended BY
THE ADDITION A NEW SUBSECTION, to read:
3112107. Petitions for
annexation and for annexation elections.
(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 3112106 (1), or
(2), the governing body of the municipality
with which the petition is filed shall thereupon initiate annexation
proceedings pursuant to the appropriate provisions of section
3112106 (1). or (2).
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's fees incident to such action shall be borne
by the municipality.
(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 THE EFFECTIVE DATE
OF THIS SUBSECTION (8) SHALL BE VALID FOR A TERM OF MORE THAN
FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (8).
SECTION 4. 3112114
(1), Colorado Revised Statutes, 1986 Repl. Vol., is amended to
read:
3112114. Conflicting annexation
claims of two or more municipalities.
(1) At any time during a period of notice given by
a municipality pursuant to section 3112108, any other
municipality may adopt a resolution
of intent pursuant to section 3112106 or
receive a petition for annexation or a petition for an annexation
election pursuant to section 3112107 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.
SECTION 5. 3112115
(1) and (5), Colorado Revised Statutes, 1986 Repl. Vol., are amended
to read:
3112115. Zoning of land
while annexation is under way zoning of newly annexed land
subdivision of land while annexation is under way.
(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 resolution
of intent has been passed in accordance with section 3112106
or 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 3112107.
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.
(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 resolution of intent has been passed in accordance with section
3112106 or 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
3112107. 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.
SECTION 6. 3112116
(2) (b), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended to read:
3112116. Review.
(2) (b) In any action brought within the sixtyday
limitation of paragraph (a) of this subsection (2) to review the
annexation of an enclave pursuant to section 3112106
(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 which consists solely
of public rightsofway as set forth in section 3112106
(1.1) OR OCCURRED WITHOUT COMPLIANCE WITH SECTION 30 OF ARTICLE
II OF THE STATE CONSTITUTION AS SET FORTH IN SECTION 3112106
(1.1) (b), 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.
SECTION 7. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO