C.R.S. Section 31-12-108
Setting hearing date

  • notice given

(1)

As a part of the resolution initiating annexation proceedings by the municipality or of a resolution finding substantial compliance of an annexation petition or of a petition for an annexation election, the governing body of the annexing municipality shall establish a date, time, and place that the governing body will hold a hearing to determine if the proposed annexation complies with section 30 of article II of the state constitution and sections 31-12-104 and 31-12-105 or such provisions thereof as may be required to establish eligibility under the terms of this part 1. The hearing shall be held not less than thirty days nor more than sixty days after the effective date of the resolution setting the hearing. This hearing need not be held if the municipality has determined conclusively that the requirements of section 30 of article II of the state constitution and sections 31-12-104 and 31-12-105 have not been met.

(2)

The clerk shall give notice as follows: A copy of the resolution or the petition as filed (exclusive of the signatures) together with a notice that, on the given date and at the given time and place set by the governing body, the governing body shall hold a hearing upon said resolution of the annexing municipality or upon the petition for the purpose of determining and finding whether the area proposed to be annexed meets the applicable requirements of section 30 of article II of the state constitution and sections 31-12-104 and 31-12-105 and is considered eligible for annexation. Said notice shall be published once a week for four successive weeks in some newspaper of general circulation in the area proposed to be annexed. The first publication of such notice shall be at least thirty days prior to the date of the hearing. The proof of publication of the notice and resolution or petition, or the summary thereof, shall be returned when the publication is completed, the certificate of the owner, editor, or manager of the newspaper in which said notice is published shall be proof thereof, and a hearing shall then be held as provided in said notice. A copy of the published notice, together with a copy of the resolution and petition as filed, shall also be sent by registered mail by the clerk to the board of county commissioners and to the county attorney of the county wherein the territory is located and to any special district or school district having territory within the area to be annexed at least twenty-five days prior to the date fixed for such hearing. The notice required to be sent to the special district or school district by this subsection (2) shall not confer any right of review in addition to those rights provided for in section 31-12-116.

(3)

The governing body of the annexing municipality, from time to time, may continue the hearing to another date without additional notice if the volume of material to be received cannot be presented within the available time for any given session; except that no session of a hearing shall be so continued unless at least one hour of testimony has been heard.

Source: Section 31-12-108 — Setting hearing date - notice given, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-31.­pdf (accessed Oct. 20, 2023).

31‑12‑101
Short title 31‑12‑102
Legislative declaration 31‑12‑103
Definitions 31‑12‑104
Eligibility for annexation 31‑12‑105
Limitations 31‑12‑106
Annexation of enclaves, partly surrounded land, and municipally owned land 31‑12‑107
Petitions for annexation and for annexation elections 31‑12‑108
Setting hearing date - notice given 31‑12‑108.5
Annexation impact report - requirements 31‑12‑109
Hearing 31‑12‑110
Findings 31‑12‑111
Annexation without election 31‑12‑112
Election - annexation pursuant to election 31‑12‑113
Effective date of annexation - required filings 31‑12‑114
Conflicting annexation claims of two or more municipalities 31‑12‑115
Zoning of land while annexation is under way - zoning of newly annexed land - subdivision of land while annexation is under way - regulatory impairments affecting newly annexed land used for agricultural purposes - notice - definitions 31‑12‑116
Review 31‑12‑117
Effect of review and of voiding of annexation ordinance by court order 31‑12‑118
Priority of annexation proceedings 31‑12‑118.5
Effect of incorporation proceedings in an area of more than seventy-five thousand inhabitants - annexation ordinance - legislative declaration 31‑12‑119
Disconnection of territory because of failure to serve 31‑12‑120
Court approval required for certain annexations 31‑12‑121
Provision of municipal services to outside consumers - agreement to annex 31‑12‑122
Relation of this part 1 to other laws 31‑12‑123
Applicability to city and county of Denver 31‑12‑201
Including adjacent area upon reorganization 31‑12‑301
Annexation to charter city 31‑12‑302
Petition - order of court 31‑12‑303
Annexation consented to by ordinance - indebtedness 31‑12‑304
School districts - annexation of area to another school district - applicability 31‑12‑305
Question submitted to registered electors 31‑12‑306
Notice of election 31‑12‑307
Ballots 31‑12‑308
Report - approval by court 31‑12‑309
Termination of offices 31‑12‑310
Rights become property of city enlarged - utilities not curtailed 31‑12‑311
Validity not questioned after ninety days 31‑12‑401
Consolidation of contiguous cities or towns 31‑12‑402
Election - notice - ballot 31‑12‑403
Election of officers after consolidation 31‑12‑404
Tenure of officers 31‑12‑405
Consolidation complete 31‑12‑406
First ordinances - appropriation 31‑12‑407
Licenses 31‑12‑408
Bonded and floating indebtedness 31‑12‑409
Property belongs to consolidated cities or towns 31‑12‑410
Suits - special tax 31‑12‑411
Collection of prior taxes - disposition 31‑12‑412
Annexing cities and towns 31‑12‑413
Annexation complete - rights - liabilities 31‑12‑414
School districts - annexation of area to another school district - applicability 31‑12‑501
Application - enactment - filing - definitions 31‑12‑502
Liability for taxes 31‑12‑503
Future levies - prepayment 31‑12‑601
Petition to disconnect territory 31‑12‑602
Contents of petition 31‑12‑603
Hearing - decree - proviso 31‑12‑604
Lands subject to tax for prior indebtedness 31‑12‑605
Copy of decree filed 31‑12‑701
Part 7 relates to towns only 31‑12‑702
Petition court to disconnect from town 31‑12‑703
Petition - contents 31‑12‑704
Hearing - decree - proviso 31‑12‑705
Land not exempt from prior taxes 31‑12‑706
Land subject to tax for prior indebtedness 31‑12‑707
Decree recorded - proof
Green check means up to date. Up to date

Current through Fall 2024

§ 31-12-108’s source at colorado​.gov