Colorado § 24-32-109 - Notice of change - failure to file - effect.

§ 24-32-109. Notice of change - failure to file - effect.

No annexation, consolidation, merger, detachment of any area, new incorporation, or dissolution of an existing municipality shall be effective until notice of the completion of such action with a legal description accompanied by a map of the area concerned is filed in duplicate by the municipality with the county clerk and recorder of the county in which the annexation, consolidation, merger, detachment, incorporation, or dissolution takes place. In case such action effects a change in county boundaries, the same shall be filed with the county clerk and recorder of each county affected. A certified duplicate copy of any annexation, consolidation, merger, detachment, incorporation, or dissolution shall be filed with the division of local government by the county clerk and recorder of the county.

Source: L. 67: p. 820, § 2. C.R.S. 1963: § 3-22-9. L. 75: Entire section amended, p. 1269, § 3, effective July 1.

Cross references: For effect of failure to file, see § 31-12-113 (2).

ANNOTATION

Filing requirements of this section and § 31-12-113 (2)(a)(II)(A) not satisfied by mere substantial compliance. There are several clear indications in these statutory provisions that substantial compliance with filing requirements is insufficient. Both statutes plainly declare that the consequence of noncompliance is that annexation shall not become effective. Unlike statutes governing annexations by petition, this section and § 31-12-113 do not expressly allow for substantial compliance. Presence of an explicit good cause exception in § 31-12-113 (2)(c) suggests general assembly intended that only a showing of good cause would excuse strict compliance. Grandote Golf & Ctry. Club v. Town of La Veta, 252 P.3d 1196 (Colo. App. 2011).

Even assuming that substantial compliance with § 31-12-313 and the requirements of this section may render an annexation effective, there was no substantial compliance with additional requirement that a certified copy of the annexation ordinance and map be filed with division of local government. This requirement cannot be deemed a mere formality; excusing noncompliance with this requirement would not result in fulfillment of the relevant statutes' purposes. Grandote Golf & Ctry. Club v. Town of La Veta, 252 P.3d 1196 (Colo. App. 2011).

Because required filings of annexation ordinance did not occur, and because no good cause was shown or even alleged for the failure, the annexation contemplated by the ordinance did not become effective. Grandote Golf & Ctry. Club v. Town of La Veta, 252 P.3d 1196 (Colo. App. 2011).