Annexation

Annexation is a process by which the boundaries of a city are extended to encompass more land. Residents of a newly annexed area become citizens of the City and share in the benefits and responsibilities which accompany that citizenship.

The Colorado Revised Statutes (CRS) provide the authority for land to be added to cities. A description of the most common annexation procedure -­annexation without election - follows.

Property annexed to Littleton can expect to gain several benefits. Primary benefits are:

• More representative local government. There are seven City Council members elected to serve 40,340 people and 13.83 square miles.
• Major policy decisions (e.g. zoning, budget, capital improvements) are made by the Council and its advisory boards, members of which are residents of the community.
• Higher per capita level of government services such as police, library, and streets.
• Lower real property taxes. Police, fire and library services are included in the City's package of basic services. These are provided through special districts to county residents.
• Land and residents annexed to the City are, also, subject to the City’s laws such as zoning and building codes.  Residential areas can benefit from the City’s active environmental code enforcement programs.

CRITERIA FOR ANNEXATION

There are several criteria in CRS which must be met for property to qualify for annexation. The most significant of these are:

• Annexation areas must have a common boundary with the city limits of not less than one-sixth the total perimeter distance around the annexation parcel.
• A petition for annexation without election must be filed which contains the notarized signatures of the landowners who own more than 50% of the land proposed to be annexed, excluding public streets and alleys.
• Any petition seeking annexation by election must contain the signatures of at least 75 qualified electors, or ten percent of said electors, whichever is less, if such area is located in a county of more than 25,000 inhabitants.  “Qualified elector” means a registered elector who is a resident landowner of the area proposed to be annexed.

HOW DOES ANNEXATION OCCUR?

CRS defines the procedures and limitations to be allowed. Unless the property is an "enclave” totally surrounded by the City for a period of at least three years, annexation cannot occur without the landowners' permission. Permission from landowners is gained by obtaining the landowners' signatures on an annexation petition. The annexation petition is a legal form which contains the notarized signatures and addresses of the landowners. A property legal description and map of the annexation area are required to accompany each petition.

The person or group pursuing the annexation must "file" four copies of the petition with the city clerk. This means having the clerk stamp each document with the date and time received. Some communities charge a fee to process annexation petitions. Littleton does not currently have such a fee.

Once the petition is filed, the remaining steps in the process are handled by City staff. The petitions are sent to the City Council to be "accepted". This is done by the adoption of a "resolution of intent to annex". Recent amendments to CRS also require that a public hearing schedule for the annexation be set by the resolution. Adoption of this resolution stops any other municipality from trying to annex the same parcel. Also, once the annexation petitions are accepted by the City, the petitions cannot be withdrawn.

Major amendments to CRS, made in 1987 by the State Legislature, include:

• Notice of the annexation public hearing must be published once each week for four weeks prior to the hearing. First publication must occur at least 30 days prior to the hearing date.
• All affected counties, school districts, and special districts must receive a copy of the published hearing notice, the petition and the resolution at least 25 days prior to the hearing.
• The annexing city must prepare an "annexation impact report" prior to the hearing, and a copy must be sent to the county commission. This is not required for parcels smaller than ten acres, or if it is waived by the county commission.
• Annexations cannot extend more than three miles beyond the existing city limits in any one year.

In Littleton, the City Council annexes property by adopting an "ordinance" ("law"). Littleton's City Charter sets the process by which ordinances are approved.

The proposed annexation ordinance is presented to the City Council for consideration. City Council usually approves an ordinance on "first reading", sets the public hearing date, and directs the City staff to have the ordinance published.

Next, the City Council conducts a public hearing. The public hearing allows all persons who have an interest in the proposed annexation to publicly state their opinion - for or against. After the hearing, City Council will decide whether or not to approve the annexation ordinance. After considering the testimony made during the hearing, the Council must determine if the requirements of State law have been met. If so, the Council may approve the ordinance.

An approved annexation ordinance goes into effect seven days following the publication date.

State law also defines when an annexation is effective. The annexing municipality must send certified copies of the approved annexation ordinance to the affected county and to the State Department of Local Affairs.

WHAT HAPPENS TO TAXES?

Newly annexed property owners can expect changes to both property tax and sales tax. Property tax will change because several "special district" services are absorbed by the City. The district taxes are eliminated and the City's mill levy is added to the next property tax notice. Special districts are "eliminated" because the services provided become the City's responsibility. The tax levied for these services is included in the City mill levy. This change takes place on January 1st of the year following the year in which the annexation was effective.

The special districts whose services are assumed by the City upon annexation are law enforcement authorities, library districts and fire protection districts.

Some special districts not affected by annexations include RTD, South Suburban Parks and water/sanitation districts.

Also affected by annexation are sales and use taxes.

Further Information

More information on the annexation process in Littleton may be obtained by contacting the City's Planning Division at 303-795-3748.