TOWN OF BLUE RIVER, COLORADO ORDINANCE

80424 | 05/14/2021 | Ad id: 8-0000686097-01
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TOWN OF BLUE RIVER, COLORADO
ORDINANCE NO. 2021-07
AN ORDINANCE REPEALING AND REPLACING
CHAPTER 15 OF THE BLUE RIVER MUNICIPAL CODE
ENTITLED ANNEXATION
WHEREAS, pursuant to the Colorado Constitution and Part 1, Article 12, Title 31 of the Colorado Revised Statutes, the Town of Blue River ("Town") has authority to annex property into the corporate limits of the Town; and
WHEREAS, annexation is recognized by the Colorado courts as a legislative and discretionary act by the municipality and that a municipality may deny or reject an annexation for no reason. City of Colorado Springs v. Kitty Hawk Development Co., 392 P.2d 467 (Colo. 1964); and
WHEREAS, the Town of Blue River ("Town") is authorized under Title 31 of the Colorado Revised Statutes to adopt and amend ordinances in furtherance of governmental administration and the City's police powers and to reasonably implement the powers provided by state law; and
WHEREAS, the Town Board of Trustees desires to adopt policies and procedures related to annexation petitions submitted pursuant to the Colorado Municipal Annexation Act of 1965; and
WHEREAS, it is the intent of the Board of Trustees in the enactment and adoption of this Ordinance to exercise the Town's legislative authority to the greatest degree possible to best advance the health, safety, and welfare of the Town.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF BLUE RIVER, COLORADO:

Section 1. Chapter 15 of the Blue River Municipal Code is hereby repealed in its entirety and replaced with the following:

CHAPTER 15 Annexation
Article 1 – Annexation Policies and Procedures
Sec. 15-1-10. Title.
Sec. 15-1-20. Authority.
Sec. 15-1-30. Annexation a legislative decision.
Sec. 15-1-40. Acknowledgment, purpose and interpretation.
Sec. 15-1-50. Definitions.
Sec. 15-1-60. Three-Mile Limitation and Three-Mile Plan.
Sec. 15-1-70. Petition fee and charges for processing annexation petitions.
Sec. 15-1-80. Annexation process; ordinance.
Sec. 15-1-90. Optional referral to Planning and Zoning Commission.
Sec. 15-1-100. Annexed property subject to all laws.
Sec. 15-1-110. Annexation agreements.

Sec. 15-1-10. Title.
The provisions of this Article shall be known and cited as the "Blue River Annexation Policies and Procedures."

Sec. 15-1-20. Authority.
This Chapter is authorized pursuant to the powers conferred by the Colorado Municipal Annexation Act of 1965.

Sec. 15-1-30. Annexation a legislative decision.
No landowner shall be entitled to a right to the annexation of land and such decision to annex property shall be a legislative and discretionary decision of the Town.

Sec. 15-1-40. Acknowledgement, purpose and interpretation.
The Town acknowledges the applicability of the Colorado Municipal Annexation Act of 1965, Sections 31-12-101, et seq., C.R.S. for annexations to the Town of Blue River. This Article is intended to implement and supplement the Colorado Municipal Annexation Act of 1965 and shall be liberally construed for the following purposes:
(1) To encourage a natural and well-ordered development of the Town;
(2) To distribute fairly and equitably the costs of municipal services among those persons who benefit from such services;
(3) To extend municipality, services, and facilities to eligible areas which form a part of the whole community;
(4) To simplify governmental structure;
(5) To provide an orderly system for extending municipal regulations to newly annexed areas;
(6) To reduce potential friction among contiguous or neighboring municipalities;
(7) To increase the ability of the Town to provide their citizens with the services they require; and
(8) To exercise to the greatest extent possible the Town's authority and powers conferred by state law and applicable judicial precedent.

Sec. 15-1-50. Definitions.
The meaning of words and phrases contained in this Chapter 15 shall have the meanings ascribed to them by Section 31-12-103, C.R.S. unless the context clearly indicates a different meaning.

Sec. 15-1-60. Three-Mile Limitation and Three-Mile Plan.
(a) Except as otherwise provided in this section, no annexation may take place that would have the effect of extending the Town's municipal boundary more than three miles in any direction from any point of such municipal boundary in any one year. Within the threemile area, the contiguity required by Section 31-12-104(1)(a), C.R.S., 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. Such three-mile limit may be exceeded if such limit would have the effect of dividing a parcel of property held in identical ownership provided that 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 (1) year without regard to such mileage limitation.
(b) The Town's Three Mile Plan and its Comprehensive Plan, as amended, shall serve as and shall constitute the "plan in place" referenced in Section 31-12-105(1)(e), C.R.S., unless a different plan, supplement, or revision is expressly adopted to serve as a plan in place. The plan in place may also be commonly referred to as the "Three-Mile Plan" and such plan shall be deemed automatically updated annually on January 1 of each year without further action by the Town unless a change or modification is necessary and is adopted by resolution or ordinance by the Town Board of Trustees. The absence of a specific reference
in such plan to a particular parcel of land proposed for annexation shall not be interpreted as a statement of intent to not annex such parcel of land; it is the plan and intent of the Town Board to evaluate and to consider for potential annexation all property within three miles of the Town's then existing municipal boundaries upon submission of a petition or as otherwise permitted by this Article and the Colorado Municipal Annexation Act of 1965. The absence in the plan of a specific reference to any character or 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 Town and the proposed land uses for the area shall not be interpreted as a failure to comply with Section 31-12-105(1)(e), C.R.S., but shall be interpreted as a plan by the Town to determine the appropriate character or extent of land uses and services through the Town's applicable processes of annexation, planning, and development approvals on a case by case basis. The plan in place may also be amended or modified to more specifically identify the character or extent of land uses and services at any time or contemporaneously with any annexation.

Sec. 15-1-70. Petition fee and charges for processing annexation petitions.
(a) It is the Town's intent that petitioners for annexation bear the costs of processing a petition subject to any waiver of costs as permitted by this section. The minimum petition fee for annexation shall be two thousand dollars ($2,000.00) for each legally described lot or parcel of land within the area proposed for annexation; provided, however, that the Town Manager may administratively establish and modify as needed a different petition fee together with additional consultant fees for the processing of an annexation petition. In setting such fees, the Town Manager shall consider the anticipated or estimated costs to be incurred by the Town in reviewing and processing the annexation and obtaining necessary data, studies, and reports. The Town Manager shall administratively advise the Town Board of the petition fee and consultant reimbursement fees for each petition. No petition shall be processed unless accompanied by the applicable petition and consultant reimbursement fees and such petition shall be deemed incomplete until such fees are paid in full.
(b) The Town Manager, in consultation with the Town Board, may require as a condition of annexation the payment of additional amounts by the petitioners or others deemed necessary, beneficial, or advantageous by the Town, including but not limited to payments to offset anticipated costs or expenses of providing services to the annexed property or residents of the annexed area, mitigate anticipated impacts to the annexed area or to surrounding lands, to upgrade infrastructure within the Town, and/or to defray any costs or expenses of the Town.
(c) The Town may waive all or any portion of a fee or charge for annexation where the Town Board administratively finds in its sole discretion that the proposed annexation may provide substantial benefits or advance important economic or other goals and objectives of the Town.
(d) The Town may refund all or any portion of fees paid by a petitioner that were not applied to the processing of the annexation petition. Such refund shall require that the Town Board administratively find in its sole discretion that the petitioner has demonstrated sufficient cause or reason for a refund following a denial of a petition by the Town or following the voluntary withdrawal of a petition by the petitioner. No refund shall be issued where the unexpended fees total less than three hundred dollars, the annexation was subject to an election, or the Town incurred unpaid costs and expenses in administrative staff time, attorney fees. or consultant fees that were not anticipated or estimated in the setting of the petition fee paid by the petitioner.

Sec. 15-1-80. Annexation process; ordinance.
All annexations shall be accomplished in general accordance with the procedures set forth in the Colorado Municipal Annexation Act, as amended, through an ordinance duly adopted by the TownBoard. Any petitions for annexation or petitions for annexation election shall contain the information required by the Municipal Annexation Act of 1965, as the same may be amended from time to time. The Town may institute the procedure to zone land proposed for annexation on or
after the submittal of an annexation petition, provided that the proposed zoning ordinance shall not be passed prior to the date when the annexation ordinance is adopted.

Sec. 15-1-90. Optional referral to Planning and Zoning Commission.
The Blue River Planning and Zoning Commission shall not be required to consider or recommend action on a petition for annexation. The Board of Trustees may, at its discretion, refer such petition to the Commission for a recommendation or for comment as to any aspect of a proposed annexation. Following a referral, the Town Board may revoke a request for recommendation or comment, disregard such recommendation or comment, or deem a recommendation or comment
untimely if not submitted to the Town Board prior to the hearing required by Section 31-12-109, C.R.S.

Sec. 15-1-100. Annexed property subject to all laws.
(a) Unless otherwise provided by an agreement or by ordinance governing the annexation of property into the Town, the ordinances, resolutions, rules, and regulations of the Town shall remain fully valid and effective as to any property annexed into the Town.
(b) The Town Board may require the annexing owner to agree to bring the annexed property into conformance with Town ordinances, resolutions, rules, and regulations either at the time of annexation or within a time period stated in an agreement.

Sec. 15-1-110. Annexation agreements.
(a) The Town is authorized to enter into one or more agreements with property owner(s) memorializing understandings of the property owner(s) and the Town and/or imposing terms, conditions, obligations, and rights upon annexation mutually acceptable to the parties. An annexation agreement is not required as a condition of an annexation except upon demand by the Board of Trustees. An annexation agreement may suspend, supersede, or waive the applicability or application of a provision of the Town Code or any ordinance, resolution, rule, or regulation of the Town when deemed in the Town's best interests by
the Board of Trustees; provided, however, that nothing contained in such agreement shall suspend, supersede, or waive any provision of any ordinance, resolution, rule, or regulation of the Town unless:
(1) such agreement explicitly identifies a provision of an ordinance, resolution, rule or regulation of the Town that is intended to be superseded by the agreement; or
(2) a provision of such agreement directly and irreconcilably conflicts with obligations and rights of the parties otherwise made applicable by a provision of an ordinance, resolution, rule, or regulation of the Town.
(b) Annexation agreements shall be deemed legislative decisions of the Town and approved by ordinance.

Section 2. Severability. Should any one or more sections or provisions of this Ordinance be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, the intention being that the various sections and provisions are severable.

Section 3. Repeal. Any and all ordinances or codes or parts thereof in conflict or inconsistent herewith are, to the extent of such conflict or inconsistency, hereby repealed; provided, however, that the repeal of any such ordinance or code or part thereof shall not revive any other section or part of any ordinance or code heretofore repealed or superseded and this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the effective date of this Ordinance.

Section 4. Minor Revision or Correction Authorized. The Town Manager, in consultation with the Town Attorney, is authorized to make minor revisions or corrections to the codified version of the provisions of this Ordinance provided that such revisions or corrections are grammatical, typographical, or non-substantive and do not alter or change the meaning and intent of this Ordinance.

Section 5. Effective Date. The provisions of this Ordinance shall become effective thirty (30) days after publication following final passage.
AMENDED, PASSED, ADOPTED AND ORDERED PUBLISHED at a regular meeting of the Board of Trustees of the Town of Blue River, Colorado, held on the day of ________________, 2021.

____________________________________
Mayor
APPROVED AS TO FORM:

ATTEST:

_____________________________ _____________________________
Town Clerk Town Attorney

Published in the Summit County Journal on May 14, 2021. 0000686097