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 Planning Commission recommendations, the Town Board, if appropriate, will adopt a resolution finding the petition to be in substantial compliance with the statutory requirements. If the petition is signed by the owners of 100% of the area proposed for annexation, the Board may annex the territory by ordinance after notice and a public hearing and, further, without an election unless additional terms and conditions are to be imposed. The Board shall set the date, time and place for a public hearing to determine if the annexation meets the requirements of C.R.S. §§ 31-12-104 and 31-12-105. This hearing will be held not less than 30 days nor more than 60 days after the effective date of the resolution setting the hearing.
(B) (1) On the appointed date and time, the Town Board shall hold the public hearing. The petitioners shall present evidence in support of the petition.
(2) Town staff shall present information concerning:
(a) Surveys, legal descriptions and the map of annexation;
(b) The one-sixth boundary contiguity requirement;
(c) No land held in identical ownership shall be divided, except with the consent of the landowner;
(d) The entire width of perimeter streets or alleys shall be annexed;
(e) No proceedings are pending to annex the land to another municipality; and
(f) 1. This annexation will not result in extending the town’s boundaries more than three miles in any direction in any one year.
2. 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 shall be recorded.
(C) Upon completion of the hearing, the Town Board shall adopt a resolution setting forth findings of facts and its conclusions based thereon with reference to the following matters:
(1) Whether or not the requirements of the applicable parts of C.R.S. §§ 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) (a) Whether or not an election is required either as a result of a petition for election or the imposition of additional terms and conditions.
(b) A finding that the area proposed for annexation does not comply with the applicable provisions of C.R.S. §§ 31-12-104 and 31-12-105 and of this chapter shall terminate the annexation proceeding.
(D) If the resolution of the Town Board determines that the annexation is in compliance with the items above, and further determines that an election is not required, and does not determine that additional terms and conditions are to be imposed, the Town Board may thereupon annex the area proposed to be annexed by ordinance. If additional terms and conditions are to be imposed which are not agreed to voluntarily and in writing by the landowners, an election shall 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 shall be the ensuing January 1.
(F) After passage of the annexation ordinance, the town will file one copy of the map of annexation with an original copy of the annexation ordinance in the office of the Town Clerk and file for recording two certified copies of the annexation ordinance and the map of annexation containing a legal description of such area with the County Clerk and Recorder. The town shall request that the County Clerk forward one copy of the map of annexation and annexation ordinance to the Division of Local Government in the State Department of Local Affairs.
(G) After final passage of the annexation ordinance, the town may zone the property either at the same meeting or within 90 days after the effective date of the annexation ordinance.
(Ord. 2-98, passed 4-22-1998)