(1)If the governing
body determines that an annexation election is required under the provisions of
section 30 (1)(a) of article II of the state constitution and section 31-12-107 (2) or
that additional terms and conditions should be imposed upon the area proposed to
be annexed, an election shall be called, as provided in this section, to determine
whether a majority of the landowners and the registered electors in the area
proposed to be annexed approve such annexation, with such terms and conditions,
if any, as may attach thereto.
(2)Any landowner owning land in the area proposed to be annexed may vote,
irrespective of whether he or she is a registered elector. Any corporate landowner
may by resolution designate one of its officers to cast its vote; except that nothing
in th
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(1) If the governing
body determines that an annexation election is required under the provisions of
section 30 (1)(a) of article II of the state constitution and section 31-12-107 (2) or
that additional terms and conditions should be imposed upon the area proposed to
be annexed, an election shall be called, as provided in this section, to determine
whether a majority of the landowners and the registered electors in the area
proposed to be annexed approve such annexation, with such terms and conditions,
if any, as may attach thereto.
(2) Any landowner owning land in the area proposed to be annexed may vote,
irrespective of whether he or she is a registered elector. Any corporate landowner
may by resolution designate one of its officers to cast its vote; except that nothing
in this part 1 shall invalidate any memorandum of agreement or escrow
arrangement voluntarily made by and between the annexing municipality and one
or more landowners within the area proposed to be annexed nor require an election
for the approval of any terms and conditions to be accomplished or assured in this
manner.
(3) The municipality shall forthwith petition the district court of the county in
which the area proposed to be annexed or a part thereof is located to hold such
election.
(4) Upon receipt of such petition, the court shall appoint three
commissioners, one of whom shall be nominated by the municipality, one of whom
shall be a landowner of land in the area proposed to be annexed or such
landowner's nominee, and the third shall be acceptable to the other two. All of the
commissioners shall be residents of the state of Colorado and willing to serve as
such commissioners. The appointees, within three days after the date of their
appointment, shall take an oath before the court faithfully to perform their duties.
In case of disability or failure of any commissioner to act, the court shall forthwith
fill his place with some person competent, willing, and able to act.
(5) Such commissioners shall forthwith call an election of all the landowners
and the registered electors in the area proposed to be annexed, to be held at some
convenient place within the area proposed to be annexed. The commissioners shall
establish such polling places within the area proposed to be annexed, or
immediately adjacent thereto if such area is vacant and unoccupied, as in their
judgment are necessary to afford all of the landowners and the registered electors
the opportunity to cast their votes. If more than one polling place is found to be
necessary, the court may appoint three additional persons to act as judges or clerks
for each additional polling place. Such additional judges and clerks shall meet the
same requirements as the original appointees.
(6) Notice of such election shall be given by publication once a week for four
weeks in some newspaper of general circulation in the area and published in the
county in which such area is located or, if there is no such newspaper in the county,
in some newspaper of general circulation published in an adjacent county.
Additional notice shall be given by posting a notice at each polling place. The said
posting and first newspaper publication shall be not less than four weeks preceding
such election. Such notice shall specify the time and place of such election, shall
contain a description of the boundaries of the area proposed to be annexed, and
shall state that a map or plat thereof is on file in the office of the clerk of the
district court in which such area, or a part thereof, is located. Such notice shall also
set forth the conditions and requirements proposed by the governing body for
annexation of the area, and it shall inform the public that an issue committee is
required by law to register with the appropriate officer pursuant to section 1-45-108, C.R.S., within ten calendar days of accepting or making contributions or
expenditures in excess of two hundred dollars to support or oppose the annexation
question.
(7) Such commissioners and additional appointees provided for in subsection
(5) of this section shall act as judges or clerks of the election, shall take the oath
required by law for judges of general elections, and shall report the result of the
voting in their respective polling places to the court within three days after such
election. The court shall allow each judge and clerk a reasonable compensation for
his services as such, not exceeding two dollars for each hour necessarily employed
in the performance of his duties.
(8) The ballot used in such election shall contain the words For Annexation
and Against Annexation. At the time of voting, each voter shall indicate his choice
by placing a cross mark (X) opposite one or the other of said groups of words.
Voting machines may be used in the same manner as in municipal elections.
(9) If a majority of the votes cast at such election are against annexation or
the vote is tied, the court shall order that all annexation proceedings to date are
void and of no effect and that the governing body shall proceed no further with the
instant annexation proceedings. If a majority of the votes cast at the election are for
annexation, the court shall order, adjudge, and decree that such area may be
annexed to the municipality upon the terms and conditions, if any, set forth by the
governing body, and the municipality, by ordinance, may thereafter annex said area
and impose the terms and conditions, if any, as approved by the landowners and the
registered electors.
(10) All costs and expenses connected with such annexation election,
including commissioner fees and all election expenses when incurred, shall be paid
by the municipality to which the annexation is proposed.