It is the intent of the city council to exercise the powers granted to home rule municipal corporations by section 6 of article XX of the Colorado Constitution in order to establish a nonjudicial procedure for the disconnection of land from the city.

(Ord. 1376 §1, 1998)

Landowner means the owner in fee of any undivided interest in a given parcel of land. If the mineral estate has been severed, the landowner is the owner in fee of an undivided interest in the surface estate and not the owner in fee of an undivided interest in the mineral estate.

(Ord. 1376 §1, 1998)

Either the city manager or the landowner of a tract of land within and contiguous to the external boundary of the city may apply to the city council for disconnection of such tract of land by filing an application with the city clerk. The application shall contain the following:

(A)

A description of the land sought to be disconnected;

(B)

A disconnection map of the land in a format specified by the community development department.

(C)

The names and addresses of the owners of the land together with proof of such ownership;

(D)

Documentation that demonstrates that the land is located contiguous to the exterior border of the city;

(E)

Documentation that demonstrates that no part of the land is encumbered by any obligations to the city for payment of fees, taxes, or assessments; and

(F)

Documentation that demonstrates that all taxes, fees, or assessments lawfully due upon the land at the time of the filing of application have been fully paid.

(Ord. 1376 §1, 1998)

(Ord. No. 2137, § 5, 10-13-20)

Within 120 days of receipt of an application by the city clerk, the city council shall hold a public hearing on an application for the disconnection of land from the city. Notice of the public hearing on the application for disconnection shall be as provided in sections 17-52-010, 17-52-020, 17-52-030, 17-52-060, and 17-52-080, B.M.C.

(Ord. 1376 §1, 1998)

City council approval of an ordinance disconnecting land from the city shall be based on the following review standards:

(A)

Whether the tract of land is situated such that its disconnection would impair extension of roads, utilities, or other infrastructure to other tracts of land located within the city or anticipated to be located within the city;

(B)

Whether the tract of land is contiguous to the exterior boundary of the city. Contiguity with unincorporated areas embraced within the limits of the city or enclaves shall not constitute contiguity with the exterior boundary of the city;

(C)

Whether the tract of land is situated such that its disconnection would impair or preclude future annexations identified in the city's comprehensive plan;

(D)

Whether the retention of the tract of land within the city would impose a cost for services and infrastructure significantly in excess of the benefit of such tract of land remaining in the city;

(E)

Whether the disconnection of the property would permit development in a manner that would negatively impact the city or abutting tracts of land that are located within the city;

(F)

Whether the city is reimbursed for public funds expended on the parcel for infrastructure or other costs;

(G)

Whether the water rights associated with the land have been received by the city and incorporated into the city's water supply plans;

(H)

Whether the tract of land is obligated contractually or otherwise expected to participate in the development of a general development plan or regional infrastructure;

(I)

Whether the city has entered into an agreement that expressly provides for the disconnection of land from the city as an express condition of such agreement; and

(J)

Such other matters the city council finds relevant to the application.

(Ord. 1376 §1, 1998)

If the city council finds and determines that the best interests of the city are served by disconnecting such tract of land, considering the review standards in section 17-66-050, the city council may by ordinance disconnect the land from the city.

(Ord. 1376 §1, 1998)

Land disconnected shall not be exempt from the payment of any taxes lawfully assessed against it for the purpose of paying an indebtedness lawfully contracted by the city council while such land was within the limits of the city and which remains unpaid, and for the payment of which said land could be lawfully taxed.

(Ord. 1376 §1, 1998)

The city council may by a disconnection agreement establish terms and conditions for granting a disconnection, which terms shall survive the disconnection of the tract of land.

(Ord. 1376 §1, 1998)

Two certified copies of the disconnection ordinance and duplicates of the disconnection map shall be filed by the city clerk in the office of the county clerk and recorder of the county in which the tract of land is situated. Disconnection of land from the city shall be effective upon the required filing by the city clerk of the disconnection ordinance with the county clerk and recorder. The county clerk and recorder shall file the disconnection ordinance and the disconnection map with the State of Colorado pursuant to Section 24-32-109, C.R.S.

(Ord. 1376 §1, 1998)