(a)   The City of Creede acknowledges the applicability of the Colorado Municipal Annexation Act of 1965, C.R.S. §31-12-101 et seq., for annexations to the City of Creede except to the extent otherwise permitted by law.

   (b)   This Article 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 City;

      (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 City's powers conferred to the City as a statutory town under Title 31 Colorado Revised Statutes.

(Ord. 395 §3, 2016)

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

(Ord. 395 §3, 2016)

   (a)   Except as otherwise provided in this Section, no annexation may take place that would have the effect of extending the City's municipal boundary more than three miles in any direction from any point of such municipal boundary in any one year. Within the three-mile area, the contiguity required by C.R.S. §31-12-104(1)(a), 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 (50%) percent 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 City of Creede Comprehensive Plan shall serve as and shall constitute the "plan in place" referenced in C.R.S. §31-12-105(1)(e), 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 City unless a change or modification is necessary and is adopted by resolution or ordinance by the Board of Trustees. 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 Board of Trustees to evaluate and to consider for potential annexation all property within three miles of the City's then existing municipal boundaries upon submission of a petition or as otherwise permitted by this Article 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 City and the proposed land uses for the area shall not be interpreted as a failure to comply with C.R.S. §31-12-105(1)(e), but shall be interpreted as a plan by the City to determine the appropriate character or extent of land uses and services through the City'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. 395 §3, 2016)

   (a)   The City Manager may administratively establish and modify as needed an application fee for the processing of an annexation petition. In setting such fee, the City Manager shall consider the costs incurred by the City 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 City may require as a condition of annexation the payment of additional amounts by the petitioners or others deemed necessary, beneficial, or advantageous by the City, 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 City or to defray any costs or expenses of the City.

   (c)   The City may waive all or any portion of a fee or charge for annexation where the Board of Trustees 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 City.

(Ord. 395 §3, 2016)

   Unless otherwise provided by an agreement governing the annexation of property into the City of Creede, the ordinances, resolutions, rules, and regulations of the City of Creede shall remain fully valid and effective as to any property annexed into the City of Creede.

(Ord. 395 §3, 2016)

   (a)   The City is authorized to enter into one or more agreements with property owners memorializing understandings of the landowner and the City 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 City of Creede unless:

      (1)   Such agreement explicitly identifies a provision of an ordinance, resolution, or rule of the City of Creede 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 City of Creede.

   (b)   Annexation agreements shall be approved by ordinance.

(Ord. 395 §3, 2016)

   (a)   The City of Creede 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 C.R.S. §31-12-107(2). Such additional method or means shall authorize and entitle owners of non-residential 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 C.R.S. §31-12-107(2), 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 non-residential 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 C.R.S. §31-12-106;

      (4)   The petition shall be signed by the owners of record of more than one-half (1/2) 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 City Clerk of the City of Creede; and

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

         a.   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;

         b.   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

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

(Ord. 395 §3, 2016)

   Following a finding by the Board of Trustees that the petition filed is in substantial compliance with this Article and applicable provisions of the Colorado Municipal Annexation Act of 1965, the Board of Trustees shall cause an election in accordance with C.R.S. §31-12-112.

(Ord. 395 §3, 2016)

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

   (a)   To create logical, uniform, and identifiable boundaries for the City;

   (b)   To best organize and manage lands within the City to ensure efficient and cost effective delivery of municipal services;

   (c)   To reasonably demarcate the locations at which the City'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 City identity; and

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

(Ord. 395 §3, 2016)

   Proceedings for disconnection may be initiated only by petition of the Board of Trustees. Disconnection is a legislative act and the Board of Trustees shall exercise its sole discretion in the disconnection of land.

(Ord. 395 §3, 2016)

   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 City of Creede;

   (b)   Where land proposed for disconnection is not owned or controlled by the City of Creede, 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 Board of Trustees and shall state the reason or reasons justifying the proposed disconnection.

(Ord. 395 §3, 2016)

   (a)   Following submission of a completed petition from the Board of Trustees, the City Clerk shall cause to be published a notice of a public meeting at which the Board of Trustees shall consider such petition and determine whether such disconnection should be approved. Notice shall be published at least fifteen (15) days prior to the public meeting. Persons interested in such disconnection may submit written comments and such comments shall be provided to the Board of Trustees if received by the City at or prior to the meeting. The Board of Trustees 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 City, the City 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 C.R.S. §24-32-109.

      (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.

   (d)   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. 395 §3, 2016)

   Approval of disconnection shall require a finding by the Board of Trustees that:

   (a)   The petition for disconnection meets the requirements of this Article; and

   (b)   The disconnection is in the best interests of the citizens of the City of Creede.

(Ord. 395 §3, 2016)

   Land disconnected in accordance with this Article 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 Board of Trustees 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. 395 §3, 2016)