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Second Regular Session
Sixty-first General Assembly
LLS NO. 980486.01 DLC
HOUSE BILL 981163
STATE OF COLORADO
BY REPRESENTATIVE Sullivant;
also SENATOR Schroeder.
STATE, VETERANS & MILITARY
A BILL FOR AN ACT
CONCERNING MUNICIPAL ANNEXATION.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Defines "adjacent community" as an area of land within a specified distance of the parcel of land that is being annexed. Defines "unincorporated community" as an area outside of a municipal boundary having certain characteristics. Makes "urban developed" an alternative term in the definition of "urban development" and adds installation of utility lines on vacant land to that definition.
Makes the following changes to the criteria for an area to be eligible for annexation:
Specifies that no annexation may take place that would extend a municipal boundary more than 3 miles from the urban developed portion of the municipal boundary instead of any point of the municipal boundary.
Subjects annexation of enclaves to the same notice and hearing requirements applicable to other annexations and requires an annexation election in the enclave that is to be annexed.
Under the provisions concerning a petition for annexation election, permits landowners in the adjacent community to petition the governing body of the annexing municipality to hold an annexation election. Specifies the number of petition signatures required and the procedure for a hearing on the petition.
Adds newspapers in the adjacent community to those newspapers in which the governing body must publish the notice of annexation. Adds groups and organizations in the adjacent community and the clerk of an incorporated community located partly in the adjacent community to those persons that must receive a copy of the published notice of annexation.
Adds the clerk of an incorporated community located partly in the adjacent community and requesting persons in the adjacent community to those persons who receive a copy of the annexation impact report. Eliminates the exemption for preparing an annexation impact report when the governing bodies agree to waive the report. Prohibits waiver of the report by intergovernmental agreement. Requires the annexation impact report to include statements on the following:
Requires that the annexing municipality, upon completion of the annexation hearing, include whether the statements in the annexation impact report favor or disfavor annexation as part of its findings.
Allows a landowner in the adjacent community to vote in an annexation election. Adds a landowner in the adjacent community to those persons that are appointed commissioners by the court upon receipt of a petition from the municipality to hold an annexation election. Permits an annexation election to be held in the adjacent community.
Allows landowners in the adjacent community to vote in an election involving conflicting annexation claims.
Permits any landowner or entity in the adjacent community and any incorporated community within 3 miles, instead of any municipality within one mile, of the area to be annexed to initiate legal proceedings for review of the annexation.
Allows landowners in a vacant parcel that has been
annexed to petition for disconnection if water, sewer, and utility
line installation has not been completed within 3 years of the
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 3112102 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS to read:
3112102. 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:
(h) TO ASSURE THAT CITIZENS OF UNINCORPORATED AREAS THAT ADJOIN PARCELS OF LAND PROPOSED TO BE ANNEXED WILL NOT BE ADVERSELY IMPACTED BY SUCH ANNEXATION.
(i) TO ASSURE THAT THE PROVISION OF COUNTY SERVICES IS NOT ADVERSELY AFFECTED BY THE LOSS OF THE PORTION OF THE COUNTY TAX BASE ATTRIBUTABLE TO THE PARCEL OF LAND PROPOSED TO BE ANNEXED.
SECTION 2. 3112103 (13), Colorado Revised Statutes, is amended, and the said 3112103 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
3112103. Definitions. As used in this part 1, unless the context otherwise requires:
(1.5) "ADJACENT COMMUNITY" MEANS:
(a) (I) THE AREA OF LAND WITHIN A DISTANCE FROM THE NEAREST BOUNDARY OF THE PROPOSED ANNEXATION EQUAL TO ONEFOURTH OF THE TOTAL PERIMETER OF ALL PARCELS OF LAND TO BE ANNEXED AT ONE TIME BY THE PROPOSED ANNEXATION; OR
(II) IF THE PROPOSED ANNEXATION IS INCLUDED WITHIN A LARGER DEVELOPMENT PLAN, THE AREA OF LAND WITHIN THREE MILES OF ANY POINT OF THE PERIMETER OF SUCH DEVELOPMENT; AND
(b) ANY INCORPORATED COMMUNITY OR UNINCORPORATED COMMUNITY, THE BOUNDARY OF WHICH IS WITHIN THREE MILES OF ANY POINT ON THE PERIMETER OF ALL PARCELS OF LAND TO BE ANNEXED AT ONE TIME BY THE PROPOSED ANNEXATION OR, IF THE PROPOSED ANNEXATION IS INCLUDED WITHIN A LARGER DEVELOPMENT PLAN, WITHIN THREE MILES OF ANY POINT OF THE PERIMETER OF SUCH DEVELOPMENT.
(12.5) "UNINCORPORATED COMMUNITY" MEANS AN AREA OUTSIDE OF ANY MUNICIPAL BOUNDARY THAT CONTAINS A COHESIVE COMMUNITY CONNECTED BY COMMON BONDS AS INDICATED BY THE EXISTENCE OF COMMUNITY CELEBRATIONS, COMMUNITY ASSOCIATIONS, RECREATIONAL GROUPS OR ATHLETIC TEAMS REPRESENTING THE COMMUNITY, OR OTHER ACTIVITIES PERFORMED AS A COMMUNITY EFFORT. THE BOUNDARIES OF AN UNINCORPORATED COMMUNITY MAY BE DETERMINED BY REFERENCE TO SPECIAL DISTRICT OR SCHOOL DISTRICT BOUNDARIES, WATERSHEDS OR DRAINAGE AREAS, OR BY REFERENCE TO LAND OWNERSHIP BY MEMBERS OF THE COMMUNITY.
(13) "Urban development" OR
"URBAN DEVELOPED" 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
THAT 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 OR UTILITY LINES, construction of access
streets, and construction of railroad spur or branch tracks.
SECTION 3. 3112104 (1) (b), Colorado Revised Statutes, is amended to read:
3112104. Eligibility for annexation. (1) An area is eligible for annexation if the governing body, at a hearing as provided in section 3112109, finds and determines:
(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
the near future WITHIN THREE YEARS;
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 3112109, finds
that at least two IF SUCH CONTIGUITY
IS WITH AN URBAN DEVELOPED PORTION OF THE MUNICIPALITY. THE GOVERNING
BODY SHALL FIND THAT NO COMMUNITY OF INTEREST EXISTS IF ANY 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 twentyfive 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) Onehalf 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 quasimunicipal corporation. ANY QUASIMUNICIPAL CORPORATION PROVIDING SUCH SERVICE MUST DEMONSTRATE TO THE ANNEXING MUNICIPALITY THAT IT HAS THE FINANCIAL AND OPERATIONAL CAPABILITY TO PROVIDE SUCH SERVICE WITHIN THREE YEARS. THE EXISTENCE OF AN APPROVED SPECIAL DISTRICT SERVICE PLAN SHALL NOT CREATE A PRESUMPTION THAT THE QUASIMUNICIPAL CORPORATION HAS SUCH CAPABILITY. IF SUCH DEMONSTRATION IS INADEQUATE, A FINDING OF PHYSICAL IMPRACTICALITY UNDER THIS SUBPARAGRAPH (III) SHALL BE MADE BY THE MUNICIPALITY.
(IV) (A) OPPOSITION BY THE LANDOWNERS IN THE ADJACENT COMMUNITY AS INDICATED BY A PETITION SIGNED BY AT LEAST TWENTYFIVE PERCENT OF SUCH LANDOWNERS THAT IS PRESENTED TO THE CLERK OF THE ANNEXING MUNICIPALITY AT LEAST TEN DAYS BEFORE THE ANNEXATION HEARING.
(B) SUCH PETITION SHALL CONTAIN THE MAILING ADDRESS AND LOT AND BLOCK NUMBER OF THE LAND OWNED BY EACH SIGNER, THE DATE OF EACH SIGNATURE, AND 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.
SECTION 4. 3112105 (1) (e), Colorado Revised Statutes, is amended to read:
3112105. Limitations. (1) Notwithstanding any provisions of this part 1 to the contrary, the following limitations shall apply to all annexations:
(e) 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 THE URBAN
DEVELOPED PORTION OF such municipal boundary in any one year.
Within said threemile area, the contiguity required by
section 3112104 (1) (a) may be achieved by annexing
a platted street or alley, a public or private rightofway,
a public or private transportation rightofway or area,
or a lake, reservoir, stream, or other natural or artificial waterway.
Prior to completion of any annexation within the threemile
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 threemile
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 threemile 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 threemile limit may also be exceeded for
the annexation of an enterprise zone.
SECTION 5. 3112106 (1), Colorado Revised Statutes, is amended to read:
3112106. 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
annex such territory to the municipality without complying with
section 3112104 OR 3112105 3112108,
or 3112109 if said area
has been so surrounded for a period of not less than three years;
(a) Notice of the proposed annexation
ordinance shall be given by publication as provided by section
3112108 (2) for notices of annexation petitions and
resolutions initiating annexation proceedings,
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 DATE OF THE ELECTION
REQUIRED PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (1);
(b) THE GOVERNING BODY MUST HOLD AN ANNEXATION ELECTION IN THE AREA PROPOSED TO BE ANNEXED PURSUANT TO SECTION 3112112; EXCEPT THAT ONLY QUALIFIED ELECTORS SHALL BE ELIGIBLE TO VOTE AT SUCH ELECTION AND A MAJORITY OF QUALIFIED ELECTORS MUST APPROVE SUCH ANNEXATION.
SECTION 6. 3112107 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
3112107. Petitions for annexation and for annexation elections. (2) Petition for annexation election:
(f) (I) AT ANY TIME PRIOR TO TEN DAYS BEFORE THE ANNEXATION HEARING, THE LANDOWNERS IN THE ADJACENT COMMUNITY MAY PETITION THE GOVERNING BODY OF THE ANNEXING MUNICIPALITY TO COMMENCE PROCEEDINGS FOR THE HOLDING OF AN ANNEXATION ELECTION CONCERNING THE AREA PROPOSED TO BE ANNEXED. SUCH PETITION SHALL BE DELIVERED TO THE CLERK OF THE ANNEXING MUNICIPALITY, SHALL MEET THE STANDARDS DESCRIBED IN SECTION 3112104 (1) (b) (IV) (B), AND SHALL BE:
(A) SIGNED BY AT LEAST SEVENTYFIVE LANDOWNERS IN THE ADJACENT COMMUNITY OR TEN PERCENT OF SUCH LANDOWNERS, WHICHEVER IS LESS, IF THE AREA PROPOSED TO BE ANNEXED IS LOCATED IN A COUNTY OF MORE THAN TWENTYFIVE THOUSAND INHABITANTS; OR
(B) SIGNED BY AT LEAST FORTY LANDOWNERS IN THE ADJACENT COMMUNITY OR TEN PERCENT OF SUCH LANDOWNERS, WHICHEVER IS LESS, IF THE AREA PROPOSED TO BE ANNEXED IS LOCATED IN A COUNTY OF TWENTYFIVE THOUSAND INHABITANTS OR LESS.
(II) IF THE PETITION FOR ANNEXATION ELECTION IS FOUND TO BE IN SUBSTANTIAL COMPLIANCE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH (f):
(A) A HEARING SHALL BE CONDUCTED IN ACCORDANCE WITH THE REQUIREMENTS OF SECTIONS 3112108, 3112108.5, 3112109, AND 3112110; AND
(B) THE GOVERNING BODY MAY PASS A RESOLUTION OF INTENT TO ANNEX THE LAND PROPOSED FOR ANNEXATION, SUBJECT TO THE REQUIREMENTS OF SECTIONS 3112108, 3112108.5, 3112109, AND 3112110, AND SUBJECT THEREAFTER TO AN ANNEXATION ELECTION HELD PURSUANT TO SECTION 3112112.
(III) IF THE PETITION IS FOUND NOT TO BE IN SUBSTANTIAL COMPLIANCE, NO FURTHER ACTION SHALL BE TAKEN; EXCEPT THAT THE GOVERNING BODY SHALL MAKE SUCH FINDING BY RESOLUTION ADOPTED AT A PUBLIC HEARING.
SECTION 7. 3112108 (2), Colorado Revised Statutes, is amended to read:
3112108. Setting hearing date notice given. (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 sections 3112104 and 3112105 and is considered eligible for annexation. Said notice shall be published once a week for four successive weeks in some newspaper OR NEWSPAPERS of general circulation in the area proposed to be annexed AND IN THE ADJACENT COMMUNITY. 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 and, 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, TO GROUPS AND ORGANIZATIONS IN THE ADJACENT COMMUNITY AND TO THE CLERK OF ANY INCORPORATED COMMUNITY IF ANY PORTION OF SUCH INCORPORATED COMMUNITY IS LOCATED IN THE ADJACENT COMMUNITY, and to any special district or school district having territory within the area to be annexed at least twentyfive 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 3112116.
SECTION 8. The introductory portion to 3112108.5 (1), Colorado Revised Statutes, is amended, and the said 3112108.5 (1) is further amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS, to read:
3112108.5. Annexation impact
report requirements. (1) The
municipality shall prepare an impact report concerning the proposed
annexation at least twentyfive days before the date of the
hearing established pursuant to section 3112108 and
COPIES with the board of county commissioners governing the area
proposed to be annexed, THE CLERK OF AN INCORPORATED COMMUNITY
IF ANY PORTION OF SUCH INCORPORATED COMMUNITY IS LOCATED IN THE
ADJACENT COMMUNITY, AND ANY GROUPS OR INDIVIDUALS IN THE ADJACENT
COMMUNITY WHO HAVE REQUESTED SUCH COPIES OR TO WHOM NOTICE WAS
GIVEN UNDER SECTION 3112108 (2) 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.
THE IMPACT REPORT REQUIRED BY THIS SECTION SHALL NOT BE WAIVED
BY ANY INTERGOVERNMENTAL AGREEMENT OR IN ANY OTHER MANNER. Such
report shall include, as a minimum:
(g) IF SERVICES TO THE AREA PROPOSED TO BE ANNEXED WILL BE PROVIDED BY A QUASIMUNICIPAL CORPORATION, STATEMENTS BY SUCH QUASIMUNICIPAL CORPORATION THAT COMPLY WITH PARAGRAPHS (c) AND (d) OF THIS SUBSECTION (1);
(h) A STATEMENT DESCRIBING THE EFFECT OF THE PROPOSED ANNEXATION ON THE OPEN SPACE PLANS AND REQUIREMENTS OF THE ANNEXING MUNICIPALITY, THE COUNTY IN WHICH THE ANNEXATION IS LOCATED, AND THE ADJACENT COMMUNITY;
(i) AN ENVIRONMENTAL ASSESSMENT DESCRIBING THE EFFECT OF THE PROPOSED ANNEXATION ON THE ENVIRONMENT IN THE AREA PROPOSED TO BE ANNEXED, THE ADJACENT COMMUNITY, AND THE ANNEXING MUNICIPALITY, INCLUDING BUT NOT LIMITED TO CONSIDERATIONS OF WILDLIFE HABITATS, RIPARIAN ZONES, ECOLOGICAL RISKS, HEALTH AND SAFETY, AND WETLANDS;
(j) A STATEMENT DESCRIBING THE EFFECT OF THE PROPOSED ANNEXATION ON APPLICABLE REGIONAL AGREEMENTS, INCLUDING, BUT NOT LIMITED TO, INTERCOUNTY PLANS FOR OPEN SPACE, AGREEMENTS RELATING TO TRAILS AND WILDLIFE AND TO TRANSPORTATION CORRIDORS, METROPOLITAN VISION PLANS, AND DESIGNATED URBAN GROWTH BOUNDARIES;
(k) A STATEMENT DESCRIBING THE ECONOMIC IMPACT OF THE PROPOSED ANNEXATION ON THE ADJACENT COMMUNITY, THE LAND PROPOSED TO BE ANNEXED, AND THE ANNEXING MUNICIPALITY, INCLUDING BUT NOT LIMITED TO HOUSING, TRANSPORTATION, AND REVENUESHARING PLANS OF ANY LOCAL GOVERNMENTS; AND
(l) A STATEMENT DESCRIBING THE EFFECT OF THE PROPOSED ANNEXATION ON THE TAX BASE OF THE COUNTY IN WHICH THE PARCEL OF LAND PROPOSED TO BE ANNEXED IS LOCATED.
SECTION 9. 3112110 (1) (a), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
3112110. Findings. (1) (a) 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:
(III) WHETHER THE STATEMENTS IN THE ANNEXATION IMPACT REPORT FAVOR OR DISFAVOR ANNEXATION. THE ANNEXATION IMPACT REPORT SHALL BE PART OF THE RECORD OF THE ANNEXATION PROCEEDINGS AND SHALL BE SUBJECT TO JUDICIAL REVIEW.
SECTION 10. 3112112 (2), (4), and (5), Colorado Revised Statutes, are amended to read:
3112112. Election annexation pursuant to election. (2) EXCEPT FOR AN ELECTION TO ANNEX AN ENCLAVE PURSUANT TO SECTION 3112106 (1) (b), any landowner owning land in the area proposed to be annexed AND ANY LANDOWNER IN THE ADJACENT COMMUNITY may vote, irrespective of whether he OR SHE is a qualified 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.
(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
to the other two A LANDOWNER IN THE
ADJACENT COMMUNITY. 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 OR HER place with some
person competent, willing, and able to act.
(5) Such commissioners shall forthwith call an election of all the qualified electors or qualified electors and landowners to be held at some convenient place within the area proposed to be annexed OR THE ADJACENT COMMUNITY. The commissioners shall establish such polling places within the area proposed to be annexed OR THE ADJACENT COMMUNITY, or immediately adjacent thereto if such area is vacant and unoccupied, as in their judgment are necessary to afford all qualified electors, or qualified electors and landowners, 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.
SECTION 11. 3112114 (4), Colorado Revised Statutes, is amended to read:
3112114. Conflicting annexation claims of two or more municipalities. (4) All qualified electors and qualified nonresident landowners in the area claimed by both municipalities AND ALL LANDOWNERS IN THE ADJACENT COMMUNITY shall be entitled to vote at said election. Any corporate landowner may by resolution designate one of its officers to cast its vote.
SECTION 12. 3112116 (1) (a), Colorado Revised Statutes, is amended to read:
(1) (a) If any landowner or any qualified elector
in the area proposed to be annexed; the board of county commissioners
of any county governing the area proposed to be annexed; ANY LANDOWNER
OR ENTITY CAPABLE OF MAINTAINING SUIT IN THE ADJACENT COMMUNITY;
INCORPORATED COMMUNITY within one
mile THREE MILES 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.
SECTION 13. 3112119, Colorado Revised Statutes, is amended to read:
3112119. Disconnection of territory because of failure to serve. (1) 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.
(2) IF VACANT LAND IS ANNEXED, THE LANDOWNERS WITHIN THE BOUNDARIES OF SUCH VACANT LAND MAY PETITION FOR DISCONNECTION FROM THE MUNICIPALITY IF WATER, SEWER, AND UTILITY LINE INSTALLATION ON SUCH LAND HAS NOT BEEN COMPLETED WITHIN THREE YEARS OF THE ANNEXATION.
(3) The procedure for
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.
SECTION 14. Effective date applicability. This act shall take effect July 1, 1998, and shall apply to any annexation initiated on or after said date.
SECTION 15. 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.