(a)

Only territory within and adjacent to a boundary of the town may be disconnected from the town. No property may be disconnected if it has been platted into lots or blocks unless such lots and blocks are vacated by the town council.

(1)

Application for disconnection by the town. The town may only seek to disconnect property that the town owns or that is a public right-of-way. For purposes of this section, the town may disconnect any public right-of-way within and adjacent to a boundary of the town upon its own application and with the consent of Weld County as long as disconnection of the right-of-way does not create a municipal satellite pursuant to C.R.S. § 31-12-104.

(2)

Application for disconnection by a property owner. A property owner owning property within and adjacent to a boundary of the town may apply to the town for disconnection of their property.

(b)

Upon receipt by the town clerk of an application for disconnection, the town clerk shall refer the application to the town council for consideration at its next regular town council meeting, provided such application is complete and is submitted at least ten (10) days prior to such meeting.

(c)

Following initial consideration, the town council shall set a public hearing for consideration of disconnection not less than thirty (30) days after such initial consideration.

(d)

Not less than fourteen (14) days prior to the public hearing, the town clerk shall mail notice of the disconnection application and the public hearing thereon to Weld County, all property owners of record immediately adjacent to the territory sought to be disconnected, and any special districts within the territory under consideration for disconnection, and shall also conspicuously post notice of the application and the public hearing on the territory.

(d)

At the public hearing, the town council shall hear from the property owner(s) applying for disconnection, if applicable, shall receive staff reports, and shall accept comments from Weld County, any applicable special districts, and any member of the public seeking to comment in favor of or against disconnection.

(e)

Disconnection shall be approved by an ordinance containing the findings required by section 16-203 herein.

(Ord. No. 24-79, § 1, 12-4-24)

An application for disconnection of territory shall contain the following:

(a)

A legal description, survey and, if applicable, identification of ownership of the territory sought to be disconnected together with proof of such ownership and owner consent;

(b)

A statement that the territory is located within and adjacent to the border of the town;

(c)

A statement that no part of the territory has been duly platted into lots and blocks or, if platting of lots and blocks has occurred, a statement that the applicant seeks vacation of said lots or blocks as part of the disconnection process;

(d)

A statement that all taxes or assessments lawfully due upon the territory, up to the time of the filing of the application, have been fully paid; and

(e)

A statement indicating whether the town has maintained streets, lights, or other public utilities through or adjoining the territory and, if so, for how long.

(Ord. No. 24-79, § 1, 12-4-24)

(a)

Prior to approving any disconnection, the town council shall find that all the following conditions exist:

(1)

The territory is located within and adjacent to the border of the town;

(2)

The territory is not urban and shall not be urbanized in the foreseeable future;

(3)

The territory cannot be reasonably integrated with the town;

(4)

Urban services cannot be reasonably extended to serve the territory;

(5)

Disconnection of the territory will not negatively impact Weld County or any special district within the territory being disconnected; and

(6)

The town will not be prejudiced by the disconnection of the territory, in the opinion of the town council.

(b)

The disconnection ordinance shall specify that the zoning placed on the territory by the town remains in full force and effect after disconnection unless and until changed by Weld County or another annexing jurisdiction.

(c)

For an application submitted by the town seeking disconnection of town-owned property or public right-of-way, a majority vote of the entire town council shall be required to approve a disconnection ordinance. For an application submitted by a property owner, a two-thirds (2/3) affirmative vote of the entire town council and, in no case, fewer than five (5) affirmative votes, shall be required to approve a disconnection ordinance.

(d)

An unsuccessful application for disconnection may not be brought again for a period of twelve (12) months.

(e)

The town clerk shall file two (2) certified copies of the disconnection ordinance with the Weld County Clerk and Recorder immediately upon adoption of the disconnection ordinance. The Weld County Clerk and Recorder shall file the second certified copy with the Colorado Department of Local Affairs, Division of Local Government in the Department of Local Affairs, as provided by C.R.S. § 24-32-109.

(Ord. No. 24-79, § 1, 12-4-24)

Disconnected territory is not exempt from paying any taxes lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the town while such territory was within the town limits that remains unpaid or for the payment of which said territory could be lawfully taxed. The Weld County Treasurer shall remit to the town all moneys collected by or on account of such tax, to be applied only to the payment of such indebtedness.

(Ord. No. 24-79, § 1, 12-4-24)

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

(Ord. No. 24-79, § 1, 12-4-24)