The town board, after receiving all necessary recommendations, shall follow the procedure required by the state enabling statutes to include the following:
A. Following receipt of the town staff or designee recommendations, the town board, if appropriate, will adopt a resolution finding the petition to be in substantial compliance with the statutes. If the petition is signed by the owners of one hundred percent (100%) of the area proposed for annexation, the board may annex the territory by resolution and ordinance after notice and a public hearing and, further, without an election unless additional terms and conditions are to be imposed. The board will set the date, time and place for a public hearing to determine if the annexation meets the requirements of Colorado Revised Statutes 31-12-104 and 31-12-105. This hearing will be held not less than thirty (30) days nor more than sixty (60) days after the effective date of the resolution setting the hearing.
B. On the appointed date and time, the town board will hold the public hearing. The petitioners will present evidence in support of the petition. The town staff or designee will testify as to:
1. The validity of the surveys and legal descriptions of annexation maps;
2. The one-sixth (1/6) boundary contiguity requirement;
3. That no land held in identical ownership is to be divided except with the consent of the landowners;
4. That no tract of twenty (20) acres or more having two hundred thousand dollars ($200,000.00) in valuation is included without the consent of the landowners;
5. That the entire width of perimeter streets or alleys will be annexed;
6. That no proceedings are pending to annex the land to another town or city; and
7. That this annexation will not result in extending the town's boundaries more than three (3) miles in any direction in any one year.
Any person may appear at the hearing and present evidence on any matter related to the annexation petition as determined by the town board. All proceedings must be recorded.
C. At the conclusion of the hearing, the town board will adopt a resolution containing the findings of facts and conclusions, including:
1. Whether or not the requirements of Colorado Revised Statutes 31-12-104 and 31-12-105, and of this chapter have been met;
2. Whether or not additional terms and conditions are to be imposed; and
3. Whether or not an election is required either as a result of a petition for election or the imposition of additional terms and conditions.
If the town board finds that the area proposed for annexation does not comply with the items above, the annexation proceeding will be terminated.
D. If the town board finds the annexation to be in compliance with the items above and no additional terms and conditions are to be imposed, the town board immediately may pass the annexation ordinance. If additional terms and conditions are to be imposed which are not agreed to voluntarily and in writing by the landowners, an election must be held.
E. After passage of the annexation ordinance, the area is annexed as of the effective date of the ordinance. The effective date for taxation will be the ensuing January 1.
F. After final passage of the annexation ordinance, the town will file one copy of the annexation map with the original of the annexation ordinance in the office of the town clerk and file for recording two (2) 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. The petitioners are responsible for the cost of preparing such maps and plats as required and for the recording of the same with the Elbert County Clerk and Recorder. The town will ask the County Clerk to forward one copy of the map and ordinance to the Division of Local Government in the Colorado Department of Local Affairs. (Ord. 214, 11-2-1999)