Enclaves denied annexation vote

By Dan MacArthur
Fossil Creek Current

Enclave residents won't get to vote on whether they want to be annexed by the cities that have surrounded them.

The legislation, which residents of the Southwest Enclave hoped would foil Fort Collins' efforts to annex the area, died on April 18 when the Colorado House of Representatives in a 39-25 vote rejected the tougher Senate language requiring a vote.

Rep. Angie Paccione, D-Fort Collins, originally introduced House Bill 1159 requiring cities to establish transition committees addressing concerns of enclave residents facing annexation. That bill readily passed the House. It was further strengthened by the Senate, which of its own accord included the voting provision.

Senate sponsor Steve Johnson, R-Fort Collins, said a conference committee from both chambers accepted the amended bill with minor changes, but the full House refused to go along.

Johnson said he believes House members were influenced by the constitutional challenges raised by the cities and their lobbying organization. He, however, was unmoved. "I don't buy that for a number of reasons," Johnson said. "The constitution is there to protect the rights of citizens, not government."

He will introduce the bill again next year, Johnson said, although it probably would be too late for those now being "victimized" by the city's actions. All he can do, Johnson said, is ask the Senate to pass the weak original House language. "It says the city has to talk to these folks, that's all," he noted.

Johnson said the issue appeared to be nonpartisan, and he was disappointed so many of his fellow Republicans rejected the voting provision. "It seems to me those Republicans should be in favor of property rights," he said.