Colorado § 31-12-302 - Petition - order of court.

§ 31-12-302. Petition - order of court.

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 court for the county in which the city or town is situated. The petition, or any part thereof, shall be accompanied by an affidavit of one or more of the petitioners showing that the signers are qualified taxpaying electors of such city or town and shall be prima facie evidence of the matters therein set forth. Upon the filing of such petition and upon the consent of the special charter city being shown by published ordinance, the district court shall make an order reciting the substance of the petition and requiring the governing body of such city or town to submit the question of such dissolution and annexation at the next regular election or at a special election of such city or town, as provided in section 31-12-305, to a vote of the registered electors thereof. The order shall be served by delivering a copy thereof to any member of the governing body of such city or town and shall be filed in the office of the clerk of such city or town.

Source: L. 75: Entire title R&RE, p. 1093, § 1, effective July 1.

Editor's note: This section is similar to former § 31-8-202 as it existed prior to 1975.

ANNOTATION

Annotator's note. Since § 31-12-302 is similar to former § 31-8-202 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.

Special statutory proceeding. The proceeding which this section requires shall be instituted, carried on, and consummated, as the means of dissolving one municipality and annexing the same to another, is unquestionably a special statutory proceeding as distinguished from an ordinary action at law, or suit in equity, but it is a judicial proceeding, manifestly a proceeding in the court and by the court. Martin v. Simpkins, 20 Colo. 438, 38 P. 1092 (1895).

A petition conforming to this section constitutes prima facie evidence of the essential and controlling facts. Such status continues until overthrown by evidence received in support of the challenge thereof. In re City of Westwood, 115 Colo. 224, 171 P.2d 770 (1946).

Validity of signatures. A showing that many of the signers of one small section of a petition were disqualified did not warrant the trial court's conclusion that the petition otherwise, signed by other petitioners and whose competence was supported by affidavits of various affiants, was insufficient. In re City of Westwood, 115 Colo. 224, 171 P.2d 770 (1946).

Applied in Valverde v. Shattuck, 19 Colo. 104, 34 P. 947, 41 Am. St. R. 208 (1893); Perry v. City of Denver, 27 Colo. 93, 59 P. 747 (1899).