Colorado § 31-12-308 - Report - approval by court.

§ 31-12-308. Report - approval by court.

(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 was submitted and of the certified statement and determination of the result of such vote, and he shall file said report in the office of the clerk of the district court.

(2) The court shall examine the report and hear any objections and evidence that may be offered concerning the regularity or irregularity of the proceedings. If the court finds the proceedings irregular, the court shall disapprove said report and order a new election in accordance with the provisions of this part 3. If the court finds that the proceedings were substantially regular, the court shall approve the report. If a majority of the votes cast are against annexation, the question shall not again be submitted at any election held within twelve months thereafter. If a majority of the votes so cast are for annexation, from the approval of such report, such city or town shall be dissolved, and the area then included within the boundaries thereof shall be annexed to and become part of the city existing under a special charter upon the filing of two certified copies of notice of the completion of such action with a legal description accompanied by a map of the area concerned by the special charter city with the county clerk and recorder of the county in which such action has taken place. The county clerk and recorder shall file the second certified copy of such notice with the division of local government of the department of local affairs, as provided by section 24-32-109, C.R.S. Appeals may be made from judgments of the district court in such proceedings as in other civil cases.

(3) When residence or the payment of taxes is required by law as a qualification to vote or to hold office in the city existing under a special charter, residence and the payment of taxes in any area so annexed shall constitute such qualifications to the same extent as if the same had been in the city existing under a special charter during the same period.

Source: L. 75: Entire title R&RE, p. 1095, § 1, effective July 1.

Editor's note: This section is similar to former § 31-8-206 as it existed prior to 1975.

ANNOTATION

Annotator's note. Since § 31-12-308 is similar to former § 31-8-206 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, a relevant case construing a prior provision has been included in the annotations to this section.

Judicial proceedings. That the section does not expressly require the court's approval of the report of the annexation proceedings to be in writing does not militate at all against the view that the proceedings before the court are judicial. Martin v. Simpkins, 20 Colo. 438, 38 P. 1092 (1895).

The effect which this section gives to the approval of the report is, in every respect, a most important judgment, because it is a judgment which dissolves a municipal corporation, deprives it of its franchises, annexes its territory to another municipality, and which may subject its inhabitants to increased taxation and other additional municipal burdens. Martin v. Simpkins, 20 Colo. 438, 38 P. 1092 (1895).

Citizens' and taxpayers' standing. Resident citizens and taxpayers of a municipality who sought to be annexed to another under this section, have such an interest in the subject matter of the annexation proceedings that they are entitled to a writ of error from the supreme court to review the judgment of the district court approving such proceedings. Martin v. Simpkins, 20 Colo. 438, 38 P. 1092 (1895).