(1) (a) The general assembly
hereby finds and declares that:
(I) The existence of certain irregular and irrational boundaries between
portions of the city and county of Denver and the neighboring counties of Adams,
Arapahoe, and Jefferson has resulted in confusion and inefficiency in the delivery of
public services, including police, fire, and emergency medical services, to
properties on or near such boundaries; and
(II) Such irregular boundaries jeopardize the ability of landowners to utilize
and develop their property and impose increased costs and service delays when
those landowners seek development approval.
(b) The general assembly further finds and declares that it is the purpose of
this section to:
(I) Create a statutory mechanism, permitted by section 3 of article XIV of the
Colorado constitution, that provides landowners with a limited means by which such
irregular and irrational boundaries may be corrected for territory located in the city
and county of Denver and in the counties of Adams, Arapahoe, and Jefferson;
(II) Limit the minor boundary adjustments under this section to no more than
fifty acres per adjustment and to no more than two hundred fifty acres for each
such county; and
(III) Permit a minor county boundary adjustment only if such adjustment is
requested by one hundred percent of the landowners of property within the
territory that is subject to such adjustment and only after the consent of all
affected counties, municipalities, and school districts has been obtained.
(2) Any provision of this article to the contrary notwithstanding, a portion of
the territory of one county may be stricken off and added to an adjoining county
without an election pursuant to the procedure contained in this section.
(3) (a) A petition initiating a minor boundary adjustment that is signed by one
hundred percent of the landowners of the territory of a county proposed to be
stricken off may be submitted to the board of county commissioners in which such
territory is situate. The petition shall include a map, survey, and legal description
giving the area and general boundaries of such territory.
(b) Upon receipt of the petition, the board of county commissioners in which
such territory is situate shall conduct a hearing on the petition after not less than
thirty days' notice to the public and allow the opportunity for oral and written
comment on the petition. Such notice shall be published in at least one newspaper
of general circulation in such territory. All owners of real property in the territory
and any special district organized pursuant to title 32, C.R.S., that serves the
territory are to be notified of such hearing by first-class mail not less than ten days
and not more than thirty days before the hearing.
(c) Following such hearing, the board of county commissioners in which such
territory is situate shall act by resolution to approve or deny the minor boundary
adjustment initiated by the petition. In the event the minor boundary adjustment is
denied, no further action shall be taken.
(d) As used in this subsection (3), landowner means the owner in fee of any
undivided interest in a given parcel of land that is within the boundaries of the
territory of the county proposed to be stricken off. 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.
(4) No resolution approving a boundary adjustment shall be adopted or
effective pursuant to this section unless:
(a) The territory to be stricken off and added to an adjoining county is
contiguous to such adjoining county;
(b) The total area of the territory to be stricken off and added to an adjoining
county does not exceed fifty acres;
(c) Both the county from which such territory is to be stricken off and the
adjoining county to which such territory is to be added are represented on the
boundary control commission established by section 1 of article XX of the Colorado
constitution and the governing bodies of such counties have consented by
resolution to the adjustment;
(d) As to any county boundary adjustment under this section which will
result in the detachment of area from any school district and the attachment of the
same to another school district, the board of directors of the school district to
which such area will be attached and the board of directors of the school district
from which such area will be detached have consented by resolution to such
adjustment;
(e) The governing body of any municipality having incorporated territory
contiguous to or contained within any portion of the territory to be stricken off has
consented, by ordinance or resolution, to such adjustment.
(5) If a minor boundary adjustment is approved pursuant to this section, the
board of county commissioners of the county from which such territory is to be
stricken off shall negotiate an intergovernmental agreement with the adjoining
county to which such territory is to be added. The intergovernmental agreement
shall set forth the terms adjusting the boundary of each county and shall include,
but not be limited to, the following:
(a) A description of the purpose of the minor boundary adjustment and of the
petition initiating such adjustment;
(b) A provision specifying that obligations that are in any way secured by
property taxes or other revenue streams from the territory to be stricken off shall
be paid as provided in section 30-6-109.
(6) Upon approval by both counties of an intergovernmental agreement
described in subsection (5) of this section, the board of county commissioners of
each county that is a party to the agreement shall adopt a resolution approving the
minor boundary adjustment. A copy of each resolution shall be recorded in the deed
records of each county pursuant to section 30-6-108. Effective upon such
recordation, the new county boundary so established shall be the lawfully
constituted line between each county, and the territory stricken off from one
county and added to the adjoining county shall be subject to the jurisdiction of such
adjoining county and a part and parcel of the area of such adjoining county; except
that the effective date of such new boundary for the purpose of general taxation
shall be on and after the next January 1.
(7) Not more than two hundred fifty acres may be stricken from or added to
any county pursuant to the provisions of this section.
(8) Except as provided by subsection (8.5) of this section, no territory of a
county that contains an occupied residential unit may be stricken off and added to
an adjoining county pursuant to this section. As used in this subsection (8),
occupied residential unit means a building, or that portion of a building, designed
for use predominantly as a place of residency by a person, a family, or families.
(8.5) Subsections (3) and (8) of this section shall not apply to a minor
boundary adjustment if the county to which territory will be added is bound by the
intergovernmental agreement negotiated pursuant to subsection (5) of this section
to use the territory solely for park and open space purposes.
(9) In addition to any other requirements contained in this section, prior to
the initiation of any minor boundary adjustment in which territory is proposed to be
stricken off of the counties of Adams, Arapahoe, or Jefferson and added to the city
and county of Denver, a decision approving the proposed minor boundary
adjustment shall be made by a majority vote of the six-member boundary control
commission, established by section 1 of article XX of the state constitution.
(10) (Deleted by amendment, L. 2003, p. 1323, � 1, effective August 6, 2003.)