The Process of Annexation
To gain insight into what is required for annexation, LASG met with Telluride Town Attorney, Kevin Geiger to illuminate the process: He is well versed in the process. Additionally, we have studied the Colorado Municipal League publication, “Annexation in Colorado”. Most annexations involve undeveloped properties with one or a limited number of property owners. In our case, we have a developed neighborhood with a significant number of landowners. Given the robust community in Lawson, it is more complicated than an area with limited ownership. In initiating an annexation, three people are picked to be election commissioners, one is from the town, one is from the landowners. Those two commissioners pick a third commissioner. These commissioners run an election of the area proposed for annexation. The town is required to pay for this election. In the election, a majority of electors (over 50% of qualified electors meaning renters and owners) living in the area of annexation and a majority of the land ownership (over 50% of the land area in the annexation) would determine the outcome. If approved by the voters, the result goes back to the district court which then prompts the town council to consider legislation for annexation. Representatives of Lawson Hill would then negotiate the terms of services and other factors pertinent to the annexation.
The County would have the ability to protest the election if they chose to do so. If the county determines that loss of the tax revenues causes a serious detriment to the county, this Protest could be invoked. The likelihood of this is low as there would be no substantial loss of revenues to the County according to our County Assessor.
A petition could be circulated in the town, requiring an election by the entire town to approve annexation. There have only been a limited number of reported elections for annexation in Colorado. The town is responsible for the cost of this election. Two members of the town council have approached us to champion the annexation. In meeting with the mayor, she adamantly supports the idea.
As mentioned above, the terms of annexation would be negotiated between the town and the annexed community. The HOA would continue to exist and would provide services negotiated in the annexation. The HOA would be a vital partner in negotiating terms of annexation. In the negotiation it will be decided what services would be provided by the town. According to Geiger, it is unlikely that the town would make changes in the terms of the deed restrictions created in the original Public Unit Development process. If there were to be changes in policy (e.g. dogs), it would be decided by the HOA.
