An Ordinance approving the annexation of enclave property surrounded by the Town of Deer Trail and ordering the inclusion of said property.
Whereas, the real property described in Exhibit A (the "Enclave"), attached hereto, has been entirely surrounded by the Town of Deer Trail (the "Town") in accordance with C.R.S. § 31- 12-106 for at least three years.
Whereas, publication of notice of this Ordinance was made in accordance with C.R.S.
§ 31-12-108(2).
Whereas, the Board of Trustees deems the annexation of said real property to be in the best interest of the Town.
Be it ordained by the Board of Trustees for the Town of Deer Trail Colorado that:
Section 1.
The Board of Trustees hereby determines to annex the real property described in Exhibit A, and the boundaries of the Town are altered accordingly.
Section 2. Repealer.
All acts, orders, resolutions, ordinances, or parts thereof, of the Town that are inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict, including without limitation, any maximum specific penalty contained in any acts, orders, resolutions, or ordinances for any violation thereof.
Section 3. Recording and Authentication.
Immediately upon its passage, this Ordinance shall be recorded in the Town of Deer Trail Book of Ordinances kept for that purpose, authenticated by the signatures of the Mayor and Clerk and shall be published as required by law.
Section 4. Effective Date.
This Ordinance shall become effective immediately upon adoption.
Adopted and approved this 8th day of March ,2022.
Judd Behrens, Mayor
Town of Deer Trail, Colorado
Attest: Ali Gerstenberger, Town Clerk
Town of Deer Trail Memorandum
To: Ali Gerstenberger, Town Clerk
From: Corey Y. Hoffmann, Town Attorneys & Katharine J; Vera Esq.
Date: February 11, 2022
Re: Enclave Annexation Procedure
This memorandum outlines the procedure for annexation of an enclave to the Town under C.R.S § 31-12-106. In order to annex the enclave, the Town will need an annexation ordinance, to publish notice of the intent to annex the enclave along with a copy of the annexation ordinance for four successive weeks, adopt the annexation ordinance, and file copies with the county as outlined in more detail below.
Enclave Annexation Procedure under C.R.S § 31-12-106
- When an unincorporated area is entirely surrounded by a municipality, the Town may annex that area without holding a hearing, provided that the area has been surrounded by the municipality for at least three years. C.R.S § 31-12-106. If the enclave has a population of more than 100 people, the Town must create an annexation transition committee to serve as a means of communication between the Town and the people who reside in the enclave. § 31-12-106(1.l)(b). The enclave may not be annexed if any part of the municipal boundary surrounding the enclave consists solely of a municipal right of way opposite the enclave that is not immediately adjacent to the municipality. § 31-12-106(1.l)(a)(i). In other words, the enclave must actually be surrounded by the municipality and not just surrounded by a municipal right of way. The Town must publish notice of the proposed annexation ordinance, and the first publication of notice shall be at least thirty days prior to the adoption of the ordinance. Id.
- A copy of the proposed annexation ordinance shall be published along with a notice of the date and time in which the Board of Trustees will adopt the ordinance. C.R.S § 31-12-108(2). At least thirty days prior to adoption, the notice must be published once a week for four successive weeks in a newspaper of general circulation in the Town or county. Id. At least twenty-five days prior to the date of adoption, the Town Clerk must mail a copy of the published notice along with a copy of the ordinance by registered mail to the Board of Arapahoe County Commissioners and the Arapahoe County Attorney, and to any special district or school district that has territory within the area being annexed. Id. Although the section concerning enclave annexations does not require the Town to comply with§§ 31-12-104, 31-12-105, 31-12-108, or 31-12-109, the Town does have to comply with the impact report requirement of§ 31-12-108.5 if the proposed annexation is more than ten (10) acres in size.
- If the annexation is more than ten (10) acres, the Town is required to prepare an impact report concerning the proposed annexation at least 25 days before the date the Board is set to adopt the annexation ordinance on and must file a copy with the board of county commissioners within 5 days thereafter. Id. If the area is more than ten acres, and the requirement is not waived, the report must contain a map of the municipality and adjacent area that includes the present and proposed boundaries of the municipality, the present streets, utility lines, and the proposed extensions thereof, and the existing and proposed land uses. § 3l-12-108.5(1)(a). The report must also provide a copy of any draft or final pre-annexation agreement, and statements setting forth the plans to extend service to the annexed area, setting forth how the municipality intends to finance the extension, identifying existing districts within the area to be annexed, and explaining the effect of the annexation on school districts and number of additional students expected. § 31- 12-108.5(1)(b)-(f).
Therefore, in order to annex the enclave, the Town must take the following steps and include the following details in their ordinance:
- Introduce the annexation ordinance on first reading.
- Publish once a week for four successive weeks with the first publication at least 30 days prior to the date of the adoption of the ordinance.
- Submit copy of published notice and of annexation ordinance to board of county commissioners, county attorney, and special districts or school districts, if applicable.
- Submit impact report 25 days prior to adoption date (unless enclave is less than ten acres, or the board of county commissioners waives the requirement).
- Adoption of annexation ordinance on second reading (ordinance must state area is owned by municipality and not solely street right of way).
- Record and file annexation map and adopted ordinance with the County Clerk and Recorder, file a copy with the board of county commissioners.
Conclusion
As always, please let us know if you have any questions on the procedure above. A draft annexation ordinance is attached hereto for your review. In order to begin the process., the Town will need to have a legal description of the enclave to be annexed.