All annexation of unincorporated territory to the city shall comply with the requirements and procedures set out in the Municipal Annexation Act, C.R.S. § 31-12-101, et seq., as amended from time to time. Any disconnection of incorporated territory from the city shall be done in accordance with C.R.S. §§ 31-12-501 to 503 thereof, as amended from time to time.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. Except as to an annexation of an enclave without the consent of the property owner or owners, or as to an annexation upon election, the requirements of this division and any additional conditions determined in the discretion of the city council shall be contained in a written annexation agreement to be executed by the land owner and developer (if applicable) prior to final city council action on the annexation.

(b)

Conditions. In addition to any conditions imposed in the discretion of the city council, the following items shall be addressed in annexation agreement unless specifically waived in the annexation agreement:

(1)

Floodplain. The city may require that upon annexation, any area of land that is situated within an area of special flood hazard shall be dedicated to the city or protected from development by an appropriate conservation easement.

(2)

Water rights. If the subject property will be connected to the city's water system, the annexation agreement shall contain a description of the water rights that are appurtenant to the property to be annexed, a warranty of merchantable title, and an agreement to convey such water rights as the city chooses to have conveyed. Upon the approval of both parties, the annexation agreement may provide for the lease-back of such water for a stated annual rental until the property is developed. In the absence of water rights associated with the property to be annexed in an amount or type sufficient to offset the estimated increased water usage of the property at the time of development the City may require the Applicant to provide water rights or payment of an amount to offset such estimated usage as determined by the city.

(3)

Extensions of utility services and public improvements. The city may require the applicant to:

a.

Pay all costs for design and construction of all public improvements and utility services necessary to serve the subject property, including but not limited to, roads, curbs, gutters, sanitary and drainage sewers, water, street lights, electricity, telephone, gas, and cable television service all in accordance with applicable city, public utility company, or service provider standards and specifications;

b.

Dedicate to the city, public utility company, or service provider (as applicable) without charge, free and clear of all liens and encumbrances that may be inconsistent with the easement, those easements or rights-of-way that are necessary for installation and maintenance of said utility and service lines and other public improvements (including public streets and trails), and in addition shall convey the public improvements to the appropriate entity upon completion and acceptance of the improvements.

(4)

Public dedications. In addition to those dedications required in subsection (3)b. of this section, the city may require the applicant to dedicate, without charge and free and clear of any liens and encumbrances, such real property as is required to provide for public uses that will be needed in the annexed area (e.g., parks, public schools, utility facilities, etc.).

(5)

Title insurance. For real estate that will be dedicated to the city, the applicant shall:

a.

Provide evidence of the status of title in the form of a title insurance commitment by a title insurance company acceptable to the city; and

b.

Upon acceptance of the status of title by the city, shall insure title in the city on a policy form acceptable to city, in an amount designated by the administrator, which amount shall be reasonably calculated to cover the actual value to city of the affected real estate after the improvements are completed.

(c)

Annexation handbook. The city council may approve an annexation handbook by resolution. The annexation handbook may include additional requirements for annexation, and may include standard forms for petitions, resolutions, ordinances, and agreements related to annexation.

(Ord. No. 33-2017, § 1, 12-6-17)

All annexations shall be reviewed for compliance with the following criteria. However, annexation is a discretionary legislative act. The city shall never be compelled to annex, unless otherwise required by state law, even if all these approval criteria have been satisfied.

(1)

The proposed annexation is in compliance with the Municipal Annexation Act of 1965 (CRS § 31-12-101, et seq., as amended from time to time).

(2)

The annexation implements or does not frustrate the comprehensive plan, and the best interests of the city would be served by annexation of the subject property.

(3)

The property is capable of being integrated into the city and developed in compliance with all applicable provisions of this UDC.

(4)

At the time any development of the property proposed to be annexed is completed, there will be capacity to adequately serve residents of such area with all necessary utilities and facilities.

(5)

The criteria set forth in the Annexation Handbook are satisfied.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 12-2021, § 5, 8-18-21)

(a)

Generally. Zoning of land in the process of annexation may be done in accordance with the procedure and notice requirements of this division. The proposed zoning amendment shall not be passed on final reading prior to the date when the annexation ordinance is passed on final reading, but the ordinance annexing the property may also zone the property. If the zoning process is commenced prior to the effective date of the annexation ordinance, the legal protest area for rezoning shall be determined solely on geographic location, irrespective of whether the land in such legal protest area is within or without or partly within and partly without the boundaries of the city.

(b)

Application of UDC. Any area annexed shall be brought under the provisions of this chapter and the map thereunder within ninety (90) days from the effective date of the annexation ordinance, irrespective of any legal review which may be instituted challenging the annexation. During such 90-day period, or such portion thereof as is required to zone the territory, the city shall refuse to issue any building permit for any portion of all of the newly annexed area.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Annexation agreement. Following approval of an annexation or conditional approval of an annexation with all conditions being agreed to, the annexation agreement, which shall have all conditions of approval expressly noted therein, shall be signed by the mayor, and shall be attested by the city clerk.

(b)

Recording of ordinance and map.

(1)

The city shall file:

a.

One (1) copy of the annexation map with the original annexation ordinance with the city clerk;

b.

Three (3) certified copies of the annexation ordinance and map with the Alamosa County Clerk and Recorder, which shall record one (1) copy and distribute the other copies as provided in C.R.S. § 31-12-113(2).

(2)

The applicant shall pay all required recording fees, and it shall be the applicant's responsibility to ensure that such recording was successfully completed.

(Ord. No. 33-2017, § 1, 12-6-17)