On October 23, 1973, the Denver City Council by ordinance annexed to Denver certain unincorporated territory lying in
This annexation was initiated by a petition signed by Julian L. Cook and the mayor of Denver. Cook was the owner of an undivided interest in all the property to be annexed except a fifty-foot strip of land owned by Denver. One month after the petition was filed, it was amended to correct the description of the fifty-foot strip owned by Denver. The Denver City Council approved the annexation without holding a public hearing or an annexation election.
I. ALLEGED PETITION DEFICIENCIES.
Where the annexation petition has been signed "by the owners of one hundred per cent of the area proposed to be annexed, exclusive of streets and alleys . . ." and no "additional terms and conditions are to be imposed . . .," the statute
"'Landowner' means the owner in fee of any undivided interest in a given parcel of land . . . . For the purpose of determining the compliance with the petition requirements . . . a signature by any landowner as defined in this subsection (8) shall be sufficient so long as any other owner in fee of an undivided interest in the same area of land does not object in writing to the city council of the annexing municipality within fourteen days after the filing of the annexation petition."
The general assembly's power over annexation is limited only by express constitutional provisions and the quoted legislative definition of "landowner" controls our determination of the issue. See Fort Collins-Loveland Water District v. City of Fort Collins, 174 Colo. 79, 482 P.2d 986 (1971).
It is further asserted that the annexation map failed to delineate individual ownership boundaries within the area to be annexed and that the map and the school board resolution did not accompany the petition.
The annexation map, however, clearly shows the fifty-foot strip owned by Denver as described in the amended petition. A second map of the area, also made a part of the record in this case, shows the fifty-foot
The map and school board resolution did accompany the petition. As we recently decided in another case,
Jefferson County also argues that the amended signature pages, attached to the amended petition, were improper. Clearly the amendment itself was not improper. The amended description made no changes in the external boundaries of the property to be annexed. The amended description and a map illustrating the correction of the internal boundary lines separating Denver's fifty-foot strip from the Cook property, all within the area to be annexed, were available to the city council when the annexation ordinance was considered and approved. This Court has previously upheld an annexation where the property description had been amended. Adams v. Colorado Springs, 178 Colo. 241, 496 P.2d 1005 (1972).
It is true that Exhibit A, consisting of the signature pages, contained a typographical error which caused Range 69 West to read Range 60 West. The property description was retyped correctly, however, on each signature page. The ordinance, city council resolution, school board resolution and annexation map each referred to Range 69 West. This obvious typographical error, considered in context, is insubstantial.
The signature pages themselves failed to set out the date of each signature, as required by statute. 1965 Perm.Supp., C.R.S. 1963, 139-21-6(1)(d)(ix).
Next, the County claims that, since the act contains no provision for annexation of peripheral public ways, sections of Kipling and Belleview avenues were improperly annexed. Kipling and Belleview Avenues adjoin a portion of the perimeter of the area to be annexed which is non-contiguous with Denver. The adjacent sections of
This Court has previously upheld the annexation of peripheral tax-exempt lands. Board of County Comm'rs v. City and County of Denver, 170 Colo. 56, 459 P.2d 292 (1969). Facing the precise issue now being considered here, the Colorado Court of Appeals upheld annexation of a non-contiguous peripheral public way to its midline. Board of County Comm'rs v. City and County of Denver, Colo.App., 548 P.2d 922 (1976). The legislature has not restricted or prohibited annexation of a public way to the midline. We decline to create by judicial interpretation such a limitation on the power of annexation. See Board of County Comm'rs v. City and County of Denver, 170 Colo. 56, 459 P.2d 292 (1969).
The final attack on the application process is the claim that it was deficient because Denver failed to hold an election. It is argued that the annexation imposed additional terms and conditions upon the area annexed and therefore an election was required by 1965 Perm.Supp., C.R.S. 1963, 139-21-11(1)(c).
By its terms, however, the ordinance
These contentions are not persuasive. In another Board of County Comm'rs v. City and County of Denver case
Pre-existing ordinances do not impose additional terms and conditions on the area to be annexed. They are merely general laws which become applicable to new territory upon annexation. The existence of these laws may be considered by landowners, and, where applicable, by qualified resident electors, as a factor in deciding whether to consent to the annexation. Hence, no election is triggered where one hundred percent of the landowners, by petitioning for annexation, have already consented to be governed by the annexing city's ordinances. Absent such unanimous consent, an election is required whether or not the annexing city's ordinances impose "terms and conditions" on the land to be annexed. 1965 Perm.Supp., C.R.S. 1963, 139-21-6.
II. ALLEGED ORDINANCE DEFICIENCIES.
Jefferson County asserts that the present annexation does not comply fully with Denver's annexation policies. We have decided recently, in another of the cases brought by Jefferson County, that a city may determine its annexation policy with respect to each annexation.
Neither did Denver abuse its discretion in determining that this petition complied with the Municipal Annexation Act of 1965. While the application process was far from faultless, as we have determined above, it
It is true, as claimed, that the transcripts of the City Council meetings during which the annexation ordinance and resolution were approved do not contain any discussion of the annexation. However, other testimony showed that committee and other meetings were held which were not transcribed. This absence of formal recorded discussion, standing alone, does not prove abuse by the city council of its discretion.
Our review of the record reveals an adequate basis for the council's approval of both the ordinance and the resolution.
III. ANNEXATION OF UNINCORPORATED LAND.
Finally, Jefferson County argues that Denver cannot annex an area that is not part of an incorporated city or town. This assertion is based on Colo.Const. Art. XX, Sec. 7 which requires that Denver have only one school district and that territory annexed from contiguous "municipalities" be added to the Denver school district. Since there is no express provision for additions to the Denver school district except from contiguous "municipalities," Jefferson County concludes that the Constitution precludes Denver's annexing unincorporated territory.
We have held, however, that Article XX, Section 7 was not intended to limit annexations, but merely to require any school districts or parts of school districts, in annexed territory, to be consolidated into Denver's School District No. 1.
Accordingly, we reverse the trial court and remand the cause with directions to enter a judgment upholding the annexation.
ERICKSON, J., dissents.
GROVES and LEE, JJ., do not participate.