(a)

The Town of Avon acknowledges the applicability of the Colorado Municipal Annexation Act of 1965, Section 31-12-101, et seq., C.R.S., for annexations to the Town except to the extent otherwise permitted by law or as may be modified pursuant to the Town's home rule authority conferred by Article XX of the Colorado Constitution.

(b)

This Chapter 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 municipal government, services and facilities to eligible areas which form a part of the whole community;

(4)

To simplify governmental structure in urban areas;

(5)

To provide an orderly system for extending municipal regulations to newly annexed areas;

(6)

To reduce friction among contiguous or neighboring municipalities;

(7)

To increase the ability of municipalities in urban areas to provide their citizens with the services they require; and

(8)

To exercise to the greatest extent possible the Town's powers conferred by Article XX of the Colorado Constitution.

(Ord. 10-14 §3)

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

(Ord. 10-14 §3)

(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 (3) miles in any direction from any point of such municipal boundary in any one (1) year. Within the three-mile 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 if at least fifty percent (50%) 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 Avon Comprehensive Plan 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 Council. 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 Council to evaluate and to consider for potential annexation all property within three (3) miles of the Town's then-existing municipal boundaries upon submission of a petition or as otherwise permitted by this Chapter 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.

(Ord. 10-14 §3)

(a)

The Town Manager may administratively establish and modify as needed an application fee for the processing of an annexation petition. In setting such fee, the Town Manager shall consider the costs incurred by the Town in reviewing and processing the annexation and obtaining necessary data, studies and reports. No petition shall be processed unless accompanied by the applicable application fee, and such petition shall be deemed incomplete until such fee is paid in full.

(b)

The Town 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 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 Council administratively finds in its sole discretion that the proposed annexation will provide substantial benefits or advance important economic or other goals and objectives of the Town.

(Ord. 10-14 §3)

Unless otherwise provided by an agreement 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.

(Ord. 10-14 §3)

(a)

The Town is authorized to enter into one (1) or more agreements with property owners memorializing understandings of the landowner 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 all annexations. Nothing contained in such agreement shall supersede 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 approved by ordinance.

(Ord. 10-14 §3)

(a)

The Town hereby supplements the Colorado Municipal Annexation Act of 1965 by the addition of another method or means to petition for an annexation election in addition to petitions signed by registered electors as permitted by Section 31-12-107(2), C.R.S. Such additional method or means shall authorize and entitle owners of nonresidential property to petition for an annexation election, which petition shall be processed and considered in the same manner and under the same procedures as resident landowner petitions filed pursuant to Section 31-12-107(2), C.R.S., except that any requirement that petitions be signed by resident landowners or eligible electors shall not apply to such petition.

(b)

A non-resident petition for annexation election shall meet or satisfy the following requirements:

(1)

The petition shall propose annexation of property zoned and used for nonresidential use only;

(2)

The petition shall propose annexation of not less than three (3) subdivided or legally recognized and contiguous lots or parcels not held in identical ownership;

(3)

The petition shall not propose for annexation property eligible for annexation without petition as an enclave pursuant to Section 31-12-106, C.R.S.;

(4)

The petition shall be signed by the owners of record of more than one-half (½) of the total number of lots or parcels proposing annexation regardless of the percentages of land area owned by such owners;

(5)

The petition shall be filed with the office of the Town Clerk.

(6)

The petition shall comply with the provisions of Section 31-12-107(1)(c), C.R.S.; except that:

(i)

Rather than an allegation that any certain percentage of total land area is owned by the petitioners, the petition shall contain an allegation that the signers of the petition are the record owners of land in the area proposed to be annexed; and

(ii)

The petition shall identify the lot or parcel owned by each petitioning owner and identify the other lots or parcels owned by others not parties to the petition; and

(iii)

The petition shall request that the Town commence proceedings for the holding of an annexation election.

(Ord. 10-14 §3)

Following a finding by the Town Council that the petition filed is in substantial compliance with this Chapter and applicable provisions of the Colorado Municipal Annexation Act of 1965, the Town Council shall cause to be conducted an election in accordance with Section 31-12-112, C.R.S.

(Ord. 10-14 §3)

This Chapter is also intended to provide for policies and procedures for the disconnection of lands from the municipal boundaries of the Town. This Chapter shall be liberally construed for the following purposes:

(a)

To create logical, uniform and identifiable boundaries for the Town;

(b)

To best organize and manage lands within the Town to ensure efficient and cost effective delivery of municipal services;

(c)

To reasonably demarcate the locations at which the Town's responsibility for the delivery of municipal services begin and end as a means of reducing confusion among the citizens and to provide for reasonable Town identity; and

(d)

To distribute fairly and equitably the costs of Town services among those persons who most directly use Town resources and most directly benefit from such services.

(Ord. 10-14 §3)

Proceedings for disconnection may be initiated only by petition of the Town Council. Disconnection is a legislative act and the Town Council shall exercise its sole discretion in the disconnection of land. The owner shall provide notice and copy of the disconnection petition and application to the Board of County Commissioners of Eagle County and to the Board of Directors of any affected special district at least thirty (30) days prior to any public hearing.

(Ord. 17-05 §9; Ord. 10-14 §3)

A petition for disconnection shall meet or satisfy the following requirements:

(a)

The petition shall propose disconnection of land contiguous to the border or boundaries of the Town; and

(b)

Where land proposed for disconnection is not owned or controlled by the Town, the written consent of the owner of record shall be required as a condition of disconnection; and

(c)

The petition shall be signed by a majority of the members of the Town Council and shall state the reason or reasons justifying the proposed disconnection.

(Ord. 10-14 §3)

(a)

Following submission of a completed petition from the Town Council, the Town Clerk shall cause to be published a notice of a public meeting at which the Town Council shall consider such petition and determine whether such disconnection should be approved. No other notice shall be required. Notice shall be published at least ten (10) days prior to the public meeting. Persons interested in such disconnection may submit written comments, and such comments shall be provided to the Town Council if received by the Town at or prior to the meeting. The Town Council may, at its discretion, accept comments at the public meeting from interested parties.

(b)

Approval of any disconnection shall be made by ordinance. No disconnection shall be approved by emergency ordinance.

(c)

Following approval of an ordinance disconnecting land from the Town, the Town Clerk shall cause to be mailed or otherwise delivered the following:

(1)

Two (2) certified copies of the disconnection ordinance to the county clerk and recorder of the county in which the disconnected property lies, together with instruction to the county clerk to file one (1) copy with the Colorado Division of Local Government in the Department of Local Affairs pursuant to Section 24-32-109, C.R.S.

(2)

A copy of the ordinance to the county assessor of the county in which the disconnected property lies.

(3)

A copy of the ordinance to the county surveyor of the county in which the disconnected property lies.

(4)

A certified copy of the ordinance to the Colorado Division of Local Government in the Department of Local Affairs.

Mailing of the disconnection ordinance shall not be a pre-condition to the effective date of the ordinance or the disconnection of the property described in the disconnection ordinance.

(Ord. 10-14 §3)

Approval of disconnection shall require a finding by the Town Council that:

(a)

The petition for disconnection meets the requirements of this Chapter; and

(b)

The disconnection is in the best interests of the Town.

(Ord. 10-14 §3)

Land disconnected in accordance with this Chapter shall not be exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the Town while such land was within the limits of the Town and which remains unpaid and for the payment of which said land could be lawfully taxed.

(Ord. 10-14 §3)