Colorado § 31-12-108.5 - Annexation impact report - requirements.

§ 31-12-108.5. Annexation impact report - requirements.

(1) The municipality shall prepare an impact report concerning the proposed annexation at least twenty-five days before the date of the hearing established pursuant to section 31-12-108 and shall file one copy with the board of county commissioners governing the area proposed to be annexed 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. Such report shall include, as a minimum:

(a) A map or maps of the municipality and adjacent territory to show the following information:

(I) The present and proposed boundaries of the municipality in the vicinity of the proposed annexation;

(II) The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and

(III) The existing and proposed land use pattern in the areas to be annexed;

(b) A copy of any draft or final preannexation agreement, if available;

(c) A statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation;

(d) A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed;

(e) A statement identifying existing districts within the area to be annexed; and

(f) A statement on the effect of annexation upon local-public school district systems, including the estimated number of students generated and the capital construction required to educate such students.

Source: L. 87: Entire section added, p. 1220, § 5, effective May 28.

ANNOTATION

Law reviews. For article, "Annexation: Today's Gamble for Tomorrow's Gain — Parts I and II", see 17 Colo. Law. 603 and 809 (1988).

Act contemplates annexation agreements as a routine step in the annexation process. Although annexation agreement is not required for a valid annexation, where parties had contemplated execution of an annexation agreement throughout the process, adoption of annexation resolution without having an agreement in place was an abuse of discretion. Midcities Co. v. Town of Superior, 916 P.2d 595 (Colo. App. 1995), aff'd, 933 P.2d 596 (Colo. 1997).

An immaterial variation from the requirements of this section is not fatal, and annexation may not be voided when there has been substantial compliance. Here, city was in substantial compliance with impact report requirement by providing maps showing the streets and utility lines near the area to be annexed. Accordingly, district court erred in determining that city failed to comply with impact report requirement. Bd. of County Comm'rs v. City of Aurora, 62 P.3d 1049 (Colo. App. 2002).