Colorado § 31-12-413 - Annexation complete - rights - liabilities.

§ 31-12-413. Annexation complete - rights - liabilities.

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 effect the terms of such annexation. Thereafter, the city or town annexed shall be governed as part of the city or town to which it is annexed. Such annexation shall not affect or impair any rights or liabilities then existing for or against either of such cities or towns, and they may be enforced the same as if no such annexation had taken place.

Source: L. 75: Entire title R&RE, p. 1100, § 1, effective July 1.

Editor's note: This section is similar to former § 31-8-314 as it existed prior to 1975.

ANNOTATION

Annotator's note. Since § 31-12-413 is similar to former § 31-8-314 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.

Complies with constitutional requirement. This statutory provision complied with the constitutional requirement that the general assembly provide by general law for the organization of cities and towns. Griffin v. City of Canon City, 147 Colo. 15, 362 P.2d 200 (1961).

Collateral attack limited. Unless proceedings for the annexation of territory to a municipal corporation are wholly void for want of authority or jurisdiction, their validity is not subject to collateral attack. Griffin v. City of Canon City, 147 Colo. 15, 362 P.2d 200 (1961).

When the annexation has been completed and a de facto, if not a de jure, corporation is created only quo warranto would lie, thereby foreclosing a collateral attack on the validity of the annexation. Griffin v. City of Canon City, 147 Colo. 15, 362 P.2d 200 (1961).