Title 31, Government - Municipal
0 chapters · 923 sections in this title.
Colo. Rev. Stat. § 31-12-101 Short title
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This part 1 shall be known and may be cited as the Municipal Annexation Act of 1965. Source: L. 75: Entire title R&RE, p. 1076, � 1, effective July 1. Editor's note: This section is similar to former � 31-8-101 as it existed prior to 1975. Cross references: For the annexation of …
Colo. Rev. Stat. § 31-12-102 Legislative declaration
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(1) The general assembly hereby declares that the policies and procedures in this part 1 are necessary and desirable for the orderly growth of urban communities in the state of Colorado, and to these ends this part 1 shall be liberally construed. The general assembly further decl…
Colo. Rev. Stat. § 31-12-103 Definitions
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As used in this part 1, unless the context otherwise requires: (1) Adult means any person who has attained his twenty-first birthday. (2) Agricultural land means land used for the growing of crops, truck gardening, the grazing of farm animals, and other agricultural pursuits in c…
Colo. Rev. Stat. § 31-12-104 Eligibility for annexation
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(1) No unincorporated area may be annexed to a municipality unless one of the conditions set forth in section 30 (1) of article II of the state constitution first has been met. An area is eligible for annexation if the provisions of section 30 of article II of the state constitut…
Colo. Rev. Stat. § 31-12-105 Limitations
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(1) Notwithstanding any provisions of this part 1 to the contrary, the following limitations apply to all annexations: (a) In establishing the boundaries of any territory to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate …
Colo. Rev. Stat. § 31-12-107 Petitions for annexation and for annexation elections
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(1) Petition for annexation in accordance with section 30 (1)(b) of article II of the state constitution: (a) Persons comprising more than fifty percent of the landowners in the area and owning more than fifty percent of the area, excluding public streets and alleys and any land …
Colo. Rev. Stat. § 31-12-108 Setting hearing date - notice given
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(1) As a part of the resolution initiating annexation proceedings by the municipality or of a resolution finding substantial compliance of an annexation petition or of a petition for an annexation election, the governing body of the annexing municipality shall establish a date, t…
Colo. Rev. Stat. § 31-12-108.5 Annexation impact report - requirements
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(1) The municipality shall prepare an impact report concerning the proposed annexation at least twenty-five days before the date of the hearing established pursuant to section 31-12-108 and shall file one copy with the board of county commissioners governing the area proposed to …
Colo. Rev. Stat. § 31-12-109 Hearing
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(1) Any person may appear at such hearing and present evidence upon any matter to be determined by the governing body. (2) All proceedings at the hearing and any continuances thereof shall be recorded, but the recorder's notes need not be transcribed unless proceedings for judici…
Colo. Rev. Stat. § 31-12-110 Findings
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(1) Upon the completion of the hearing, the governing body of the annexing municipality, by resolution, shall set forth its findings of fact and its conclusion based thereon with reference to the following matters: (a) Whether or not the requirements of the applicable provisions …
Colo. Rev. Stat. § 31-12-111 Annexation without election
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If the resolution of the governing body adopted pursuant to section 31-12-110 determines that the applicable provisions of section 30 of article II of the state constitution and sections 31-12-104 and 31-12-105 have been met, and further determines that an election is not require…
Colo. Rev. Stat. § 31-12-112 Election - annexation pursuant to election
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(1) If the governing body determines that an annexation election is required under the provisions of section 30 (1)(a) of article II of the state constitution and section 31-12-107 (2) or that additional terms and conditions should be imposed upon the area proposed to be annexed,…
Colo. Rev. Stat. § 31-12-113 Effective date of annexation - required filings
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(1) If the conditions of subsection (2) of this section are met, area annexed to a municipality, as provided in this part 1, shall be annexed upon the effective date of the annexing ordinance, except as otherwise provided in sections 31-12-118 and 31-12-118.5 and for tax purposes…
Colo. Rev. Stat. § 31-12-114 Conflicting annexation claims of two or more municipalities
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(1) At any time during a period of notice given by a municipality pursuant to section 31-12-108, any other municipality may, subject to compliance with section 30 of article II of the state constitution, receive a petition for annexation or a petition for an annexation election p…
Colo. Rev. Stat. § 31-12-116 Review
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(1) (a) If any landowner or any registered elector in the area proposed to be annexed, the board of county commissioners of any county governing the area proposed to be annexed, or any municipality within one mile of the area proposed to be annexed believes itself to be aggrieved…
Colo. Rev. Stat. § 31-12-118 Priority of annexation proceedings
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(1) The purpose of this section is to give a first priority to annexation proceedings unless certain incorporation proceedings described in this section are commenced for all or part of the area subject to such annexation proceedings. (2) (a) Except as otherwise provided in parag…
Colo. Rev. Stat. § 31-12-119 Disconnection of territory because of failure to serve
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The landowners of any tract or contiguous tracts of land aggregating five acres or more located on a boundary of the municipality at the time of the disconnection action may, three or more years after annexation, petition for disconnection from the municipality if such municipali…
Colo. Rev. Stat. § 31-12-120 Court approval required for certain annexations
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(1) Any annexation which would have the effect of detaching part of the area of an existing school district shall not become effective prior to court approval as specified in this section; except that this subsection (1) shall not apply to an enclave area which has five hundred o…
Colo. Rev. Stat. § 31-12-122 Relation of this part 1 to other laws
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The powers conferred and limitations imposed by this part 1 shall be in addition and supplemental to and not in substitution for powers conferred by any other law. Source: L. 75: Entire title R&RE, p. 1093, � 1, effective July 1. Editor's note: This section is similar to former �…
Colo. Rev. Stat. § 31-12-123 Applicability to city and county of Denver
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Notwithstanding any provisions of this article to the contrary, this article shall not apply to the city and county of Denver. Source: L. 86: Entire section added, p. 1035, � 2, effective July 1.
Colo. Rev. Stat. § 31-12-201 Including adjacent area upon reorganization
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(1) When a city or town incorporated prior to July 3, 1877, proceeds to abandon its prior organization and to reorganize under the provisions of part 3 of article 2 of this title, it may include within the boundaries of such reorganized municipality all or any part of contiguous …
Colo. Rev. Stat. § 31-12-301 Annexation to charter city
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When any city or town is contiguous to any city existing under any special charter of this state or the territory of Colorado, which charter was issued prior to July 3, 1877, and in such special charter it is provided that when any such city or town, in pursuance of any law of th…
Colo. Rev. Stat. § 31-12-302 Petition - order of court
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A petition signed by not less than twenty percent of the qualified taxpaying electors of such city or town for the dissolution of such city or town and the annexation of the same to the city existing under a special charter may be filed in the office of the clerk of the district …
Colo. Rev. Stat. § 31-12-303 Annexation consented to by ordinance - indebtedness
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No order shall be made by any district court requiring the submission of the question of dissolution and annexation to any election held pursuant to this part 3 until the city existing under a special charter to which it is proposed that such annexation be made has consented to s…
Colo. Rev. Stat. § 31-12-305 Question submitted to registered electors
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The governing body of such city or town shall, by ordinance and within a reasonable time to be fixed by the court in said order, direct that an election be held to submit the question of the dissolution and annexation to a vote of the registered electors. If the order of the dist…
Colo. Rev. Stat. § 31-12-306 Notice of election
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Notice of the submission of the question at a regular or special election shall be given by the clerk in the manner provided in the Colorado Municipal Election Code of 1965 and shall state the substance of the proposition as submitted by the ordinance. The clerk shall forthwith f…
Colo. Rev. Stat. § 31-12-307 Ballots
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All ballots or voting machine tabs prepared for use pursuant to this part 3 shall contain the propositions For Annexation and Against Annexation. If the question is submitted on paper ballots, such ballots shall be deposited in a separate ballot box used for that purpose only. So…
Colo. Rev. Stat. § 31-12-308 Report - approval by court
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(1) Following the canvass and certification of the results of the election, the clerk shall forthwith prepare a report, which shall be signed by the mayor and attested by the clerk under the seal of such city or town, containing a copy of the ordinance under which the question wa…
Colo. Rev. Stat. § 31-12-309 Termination of offices
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If the question so submitted is submitted at a regular election of such city or town and it appears from the canvass that a majority of the votes cast at such election upon the question are For Annexation, all votes for officers of such city or town, or upon any other question su…
Colo. Rev. Stat. § 31-12-310 Rights become property of city enlarged - utilities not curtailed
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When in pursuance of this part 3 any city or town is annexed to any city existing under a special charter, all rights, causes of action, records, uncollected revenues, and other property of the city or town so annexed shall accrue to and become the property of the annexing city. …
Colo. Rev. Stat. § 31-12-311 Validity not questioned after ninety days
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The validity of any proceeding to dissolve and annex any city or town by virtue of this part 3 shall not be questioned in any action or proceeding commenced more than ninety days after such dissolution and annexation is effected. Source: L. 75: Entire title R&RE, p. 1096, � 1, ef…
Colo. Rev. Stat. § 31-12-401 Consolidation of contiguous cities or towns
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(1) When two or more contiguous cities or towns desire to consolidate with each other, the governing body of each such city or town shall appoint from the officers or citizens thereof a total of three commissioners. The commissioners shall confer together and thereafter report to…
Colo. Rev. Stat. § 31-12-402 Election - notice - ballot
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(1) In case the ordinance of approval is passed by the governing body less than one hundred twenty days and more than thirty days prior to the regular election in such city or town, the submission to the electors shall be at such regular election; otherwise, the governing body, i…
Colo. Rev. Stat. § 31-12-403 Election of officers after consolidation
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In case the proposition for consolidation is carried in all of said cities or towns, the mayors or presiding officers of the governing bodies shall at once issue a joint proclamation announcing an election of officers of the consolidated city or town. Notice of the election shall…
Colo. Rev. Stat. § 31-12-404 Tenure of officers
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All officers chosen at such election, including councilmen, shall hold their respective offices until the next regular election. At the first regular election succeeding the consolidation and at each succeeding regular election thereafter, there shall be elected two councilmen fo…
Colo. Rev. Stat. § 31-12-405 Consolidation complete
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The members of the governing body elected at such election, on the second Monday after the election, shall meet and organize the governing body of the consolidated city or town and shall file two certified copies of the notice of the consolidation with a legal description accompa…
Colo. Rev. Stat. § 31-12-406 First ordinances - appropriation
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The governing body of the consolidated city or town may pass, at the first meeting or as soon thereafter as possible, a resolution adopting in a body the ordinances of some one of the cities or towns forming the consolidated town or city as such ordinances existed at the date of …
Colo. Rev. Stat. § 31-12-407 Licenses
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All licenses or other privileges issued or granted by any of the consolidated towns or cities prior to consolidation shall remain in full force and effect until the expiration of the same according to the terms thereof. Source: L. 75: Entire title R&RE, p. 1098, � 1, effective Ju…
Colo. Rev. Stat. § 31-12-408 Bonded and floating indebtedness
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All bonded indebtedness due or owing by any city or town prior to consolidation shall remain, after consolidation, the debt of that portion of the consolidated city or town comprised within the former limits of the city or town which owed such indebtedness prior to consolidation.…
Colo. Rev. Stat. § 31-12-409 Property belongs to consolidated cities or towns
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All property, real or personal, belonging to any of the cities or towns prior to consolidation, unless the agreement for consolidation otherwise provides, immediately upon the accomplishment of consolidation, shall vest in and become the property of the consolidated city or town.…
Colo. Rev. Stat. § 31-12-410 Suits - special tax
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If any actions, suits, or proceedings are pending against any one of the cities or towns at the time of the consolidation, the consolidated city or town shall be substituted as plaintiff or defendant in such action, suit, or proceeding. The same shall thenceforth proceed as if th…
Colo. Rev. Stat. § 31-12-411 Collection of prior taxes - disposition
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The county treasurer shall proceed to collect all taxes assessed against persons or property within the limits of the cities or towns consolidating prior to such consolidation in the same manner as if no such consolidation had taken place. All moneys in the hands of the county tr…
Colo. Rev. Stat. § 31-12-412 Annexing cities and towns
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(1) When any city or town desires to be annexed to another contiguous city or town, the governing body of each such city or town shall appoint a total of three commissioners to arrange and report to such governing body respectively the terms and conditions on which the proposed a…
Colo. Rev. Stat. § 31-12-413 Annexation complete - rights - liabilities
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When certified copies of the proceedings for annexation are filed as contemplated in section 31-12-412, the annexation shall be complete, and the city or town to which the annexation is made has the power to pass such ordinances, not inconsistent with law, as will carry into effe…
Colo. Rev. Stat. § 31-12-501 Application - enactment - filing - definitions
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(1) When the owner of a tract of land within and adjacent to the boundary of a municipality desires to have said tract disconnected from such municipality, such owner may apply to the governing body of such municipality for the enactment of an ordinance disconnecting such tract o…
Colo. Rev. Stat. § 31-12-502 Liability for taxes
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The land so disconnected shall not thereby be exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the governing body of such municipality while such land was within the limits thereof and which remain…
Colo. Rev. Stat. § 31-12-503 Future levies - prepayment
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When the governing body of such municipality levies a tax upon the property within such municipality for the purpose of paying such indebtedness or any part thereof or interest thereon, such governing body may levy a tax at the same rate and for the same purpose on the land so di…
Colo. Rev. Stat. § 31-12-601 Petition to disconnect territory
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When a tract or contiguous tracts of land, aggregating twenty or more acres in area, are embraced within the municipal limits of any city, which are upon or contiguous to the border thereof, the owners of said tracts of land may petition the district court for the county in which…
Colo. Rev. Stat. § 31-12-602 Contents of petition
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(1) The petition shall contain the following: (a) A description of the land sought to be disconnected; (b) An allegation that the land contains in the aggregate an area of twenty or more acres and is located upon or adjacent to the border of the city; (c) An allegation that no pa…
Colo. Rev. Stat. § 31-12-603 Hearing - decree - proviso
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(1) Upon the filing of such petition in the district court, the judge thereof shall set a date for a hearing, not less than forty days nor more than sixty days thereafter. It is the duty of the clerk of said court to cause a copy of such petition and a notice of the date and the …