Annexation into the District

Annexation Process

Annexation (or inclusion) into the Regional Transportation District (RTD) can occur in a number of different ways. While the original District boundaries were established by the State Legislature when the District was created in 1969, the boundaries have since expanded to include new areas previously at the periphery of the District.

While RTD cannot advocate or support annexations, and cannot provide legal advice and persons interested in annexation need to consult with their own legal counsel, the general means for annexation into RTD are described below for basic informational purposes:

1. Annexation by a city or town
   1. Any time a city or town whose boundary lies completely or partially within RTD annexes any new property currently outside the district, that newly annexed property automatically becomes part of RTD. Over the last several years, this has been the most common way for new areas to come into RTD.
2. Petition or County Resolution for Election
   1. Any area – whether a single parcel or multiple parcels – contiguous to the RTD boundary is eligible for consideration for annexation into the District by the RTD Board of Directors if one of the following conditions can be met:
      1. If 100 percent of the property owners submit a petition (including a legal description of the area to be annexed) for annexation consideration to the RTD Board of Directors; or
      2. If an election for annexation is requested by either of the following means:
         1. At least 8 percent of the eligible electors who reside within the area to be considered for annexation sign and submit to the RTD Board of Directors a petition including a legal description requesting an election to annex property into RTD; or
         2. A resolution by the Board of County Commissioners of the county to hold an election for annexation is submitted to the RTD Board of Directors.

(An election is not an option if all of the parcels in the area proposed for annexation are 35 acres or larger in size; in such cases, only option (a) above is available.)

Submittal of a sufficient petition or a resolution by a Board of County Commissioners is not a guarantee of an annexation election. The RTD Board of Directors will consider the request for annexation based on a number of factors, including but not limited to RTD’s ability to provide cost-effective service to the new area. The petition must include a legal description of the area to be annexed. The legal description must be prepared by a licensed surveyor – the cost of which must be borne by the petitioner. RTD cannot assume any costs associated with this task; however, under state law RTD is to assume the cost for the election if one is held.

Other Considerations

RTD’s chief source of revenue is through a 1.0% sales and use tax. Purchases made within the RTD boundary are subject to the tax. It should be noted that if residents from outside the District shop at establishments inside the RTD boundary, they pay the RTD tax for purchases. Conversely, purchases made outside the District by residents of the RTD boundary are not subject to the RTD tax. An exception to that is with auto purchases. The tax assigned to an auto purchase is based on the buyer’s address, not the location where the vehicle was purchased.

Residents of the District are entitled to daily parking privileges at those Park-n-Rides subject to parking fees, whereas out-of-District residents may be required to pay.