Colorado § 31-12-109 - Hearing.

§ 31-12-109. Hearing.

(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 judicial review are initiated as provided in section 31-12-116.

(3) The board of trustees of a town may dispense with the reporting of the hearing as provided in this section and substitute in lieu thereof minutes summarizing the presentation of each speaker and describing the proceedings of the hearing. In the event that any proceedings are commenced for judicial review of an annexation in which this subsection (3) has been followed, the provisions of section 31-12-116 (5) shall be applicable.

Source: L. 75: Entire title R&RE, p. 1083, § 1, effective July 1. L. 87: (1) amended, p. 1221, § 6, effective May 28.

Editor's note: This section is similar to former § 31-8-109 as it existed prior to 1975.

ANNOTATION

Annotator's note. Since § 31-12-109 is similar to former § 31-8-109 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, relevant cases construing those provisions have been included in the annotations to this section.

A city council can take official notice of all maps, records, and other pertinent information within a city's files to insure a fair disposition of an annexation controversy. Pomponio v. City of Westminster, 178 Colo. 80, 496 P.2d 999 (1972).

Subsection (2) complied with. Where stenographic notes of an annexation hearing were made by a reporter who attended the hearing and died shortly thereafter, and the notes were transcribed and certified by a different reporter even though the certification was not made by the attending reporter there was no failure of compliance with rule 80, C.R.C.P., and subsection (2). Bd. of County Comm'rs v. City & County of Denver, 37 Colo. App. 395, 548 P.2d 922 (1976).

When resorting to injunctive relief available. Where the statute relating to annexation of territory by a city provides a proper time and forum for hearing objections, objectors must exhaust all such remedies before resorting to the courts for injunctive relief. City & County of Denver v. Bd. of County Comm'rs, 141 Colo. 102, 347 P.2d 132 (1959).