31-12-111. Annexation without election.

Statute text

If the resolution of the governing body adopted pursuant to section 31-12-110 determines that the applicable provisions of section 30 of article II of the state constitution and sections 31-12-104 and 31-12-105 have been met, and further determines that an election is not required under section 31-12-107 (2), and does not determine that additional terms and conditions are to be imposed, the governing body may thereupon annex the area proposed to be annexed by ordinance.

History

Source: L. 75: Entire title R&RE, p. 1084, 1, effective July 1. L. 2010: Entire section amended, (HB 10-1259), ch. 211, p. 917, 8, effective August 11.

Annotations

Editor's note: This section is similar to former 31-8-111 as it existed prior to 1975.

Annotations

 

ANNOTATION

Annotations

Annotator's note. Since 31-12-111 is similar to former 31-8-111 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 state has broad discretion in determining the procedures for effectuating annexation. Adams v. City of Colo. Springs, 308 F. Supp. 1397 (D. Colo.), aff'd mem., 399 U.S. 901, 90 S. Ct. 2197, 26 L. Ed. 2d 555 (1970).

Variance in description of deleted territory not fatal. A variation from requirements imposed by city charter or statutory authority is not fatal and does not render void an ordinance of annexation where variance in the descriptions deleting some territory is immaterial as to the area remaining. Adams v. City of Colo. Springs, 178 Colo. 241, 496 P.2d 1005 (1972).

And appellants are not deprived of due process because of the variance, for the general assembly may give to municipalities the power to annex upon any condition it chooses to impose. Adams v. City of Colo. Springs, 178 Colo. 241, 496 P.2d 1005 (1972).

It is clearly within the power of a city to require the payment of the annexation fees as a condition of annexation. City of Aurora v. Andrew Land Co., 176 Colo. 246, 490 P.2d 67 (1971).

Municipal ordinance may require an election even if its governing body determines that the other requirements of the act have been met. Minch v. Town of Mead, 957 P.2d 1054 (Colo. App. 1998).

Authority for assessing certain fees. Authority for assessing fees for water development and sanitary sewer taps may be found not only in an annexation petition, but also in an annexation ordinance. City of Aurora v. Andrew Land Co., 176 Colo. 246, 490 P.2d 67 (1971).

By city ordinance. The city council under its general powers can enact an ordinance which itself fixes the fees to be charged in a particular annexation proceedings. City of Aurora v. Andrew Land Co., 176 Colo. 246, 490 P.2d 67 (1971).