§ 31-12-108 — Setting hearing date - notice given

Colorado § 31-12-108

• Jurisdiction: Colorado
• Title 31: Government
• Art.: Annexation - Consolidation - Disconnection

Text

(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.

Legislative History

Source: L. 75: Entire title R&RE, p. 1083, � 1, effective July 1. L. 87: (2) amended, p. 1220, � 4, effective May 28. L. 2010: (1) and (2) amended, (HB 10-1259), ch. 211, p. 916, � 6, effective August 11.