§ 32-11.5-606 — General annexation provisions

Colorado § 32-11.5-606

• Jurisdiction: Colorado
• Title 32: Special
• Art.: Fountain Creek Watershed, Flood Control,

Text

(1) The failure of any person in
the watershed management area or in an area proposed to be annexed to the
watershed management area to file a written objection to a proposed annexation in
a properly noticed hearing of the board thereon constitutes the assent of the
person to the inclusion in the watershed management area of the area described in
the notice of the hearing for annexation.

(2) A determination by the board that a proposed annexation is feasible and
in the best interests of the district shall be final, conclusive, and not subject to
review.

(3) Whenever the board by resolution enters an order annexing real property
to the watershed management area, the board shall file the resolution with:

(a) The secretary of state;

(b) The state attorney general;

(c) The division of local government; and

(d) The county clerk and recorder, county assessor, and county treasurer of
each county in which the annexed real property is located.

(4) A board resolution annexing real property to the watershed management
area is a final order and shall finally and conclusively establish the annexation of
the real property to the watershed management area against all persons; except
that the attorney general, on behalf of the state, within thirty days of the filing of
the resolution with the attorney general as required by paragraph (b) of subsection
(3) of this section, may file a proceeding in the nature of quo warranto against the
annexation. An annexation shall not be directly or collaterally questioned in any
suit, action, or proceeding except as expressly authorized in this subsection (4).

(5) After the date of the final annexation of real property to the watershed
management area by resolution of the board, the annexed real property shall be
liable for its proportionate share of existing bonded indebtedness of the district but
shall not be liable for any taxes or service charges levied or assessed prior to its
annexation to the watershed management area. The annexation of the real property
to the watershed management area shall not be made subject to or contingent
upon the payment or assumption of any penalty, toll, or charge, other than the
taxes and service charges that are uniformly made, assessed, or levied within the
watershed management area except as otherwise expressly provided in this article.

(6) The district and the owner of any real property sought to be annexed to
the watershed management area may enter into an agreement with respect to the
terms and conditions on which the property may be annexed.

Legislative History

Source: L. 2009: Entire article added, (SB 09-141), ch. 194, p. 874, � 1, effective April 30.