(1)The purpose of this
section is to give a first priority to annexation proceedings unless certain
incorporation proceedings described in this section are commenced for all or part
of the area subject to such annexation proceedings.
(2)(a) Except as otherwise provided in paragraph (b) of this subsection (2),
when a governing body receives a petition for annexation pursuant to section 31-12-107 (1) or a petition for an election on the question of annexation pursuant to section
31-12-107 (2), no other proceedings shall be commenced or prosecuted for the
annexation or incorporation of the same area or any part thereof and no other
proceedings shall be commenced or prosecuted for the creation of any quasi-municipal corporation in the same area or any part thereof until the question
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(1) The purpose of this
section is to give a first priority to annexation proceedings unless certain
incorporation proceedings described in this section are commenced for all or part
of the area subject to such annexation proceedings.
(2) (a) Except as otherwise provided in paragraph (b) of this subsection (2),
when a governing body receives a petition for annexation pursuant to section 31-12-107 (1) or a petition for an election on the question of annexation pursuant to section
31-12-107 (2), no other proceedings shall be commenced or prosecuted for the
annexation or incorporation of the same area or any part thereof and no other
proceedings shall be commenced or prosecuted for the creation of any quasi-municipal corporation in the same area or any part thereof until the question of
annexing such area pursuant to any such petition has been finally determined.
Nothing in this subsection (2) shall prevent a duly established special service
district lawfully organized under part 5 or 6 of article 25 of this title, article 8 of
title 29, C.R.S., part 2 of article 20 of title 30, C.R.S., or title 32 (except article 8),
C.R.S., from receiving and prosecuting a petition for the inclusion of the same area
or any part thereof within the boundaries of any such special service district during
any pending annexation proceeding.
(b) A governing body shall hold annexation proceedings in abeyance if, on or
after the date a petition for annexation pursuant to section 31-12-107 (1) or a
petition for an election on the question of annexation pursuant to section 31-12-107
(2) is filed, a petition for incorporation of the same area or any part thereof is filed
pursuant to part 1 of article 2 of this title and such area contains more than seventy-five thousand inhabitants.
(3) The fact that proceedings for the incorporation of an area have been
commenced prior to the filing of a petition for annexation under section 31-12-107
(1) or prior to the filing of a petition for an election on the question of annexation
under section 31-12-107 (2) shall in no way affect such proceedings for the
annexation of all or part of the same area, and any such incorporation proceedings
shall be held in abeyance until the question of annexation has been finally
determined. Similarly the fact that proceedings for the creation of a quasi-municipal corporation have been commenced prior to the filing of a petition for
annexation under section 31-12-107 (1) or the filing of a petition for an election on
the question of annexation under section 31-12-107 (2) shall in no way affect such
proceedings for the annexation of all or part of the same area, and any such
proceedings for the creation of quasi-municipal corporations shall be held in
abeyance until the question of annexation has been finally determined.
(4) This section shall not apply if the petition for annexation under said
section 31-12-107 (1) or the petition for an election on the question of annexation
under said section 31-12-107 (2) is first filed with the governing body within the ten
days next preceding the date set for an election on the question of incorporation or
an election on the question of the creation of a quasi-municipal corporation in part
or all of the same area, nor shall this section apply to any incorporation petition
involving an area which contains more than ten thousand inhabitants.
(5) In the event of any lawsuit challenging the provisions of this section or
their applicability to any situation, such legal proceedings shall be advanced on the
docket as a matter of immediate public interest and concern and shall be heard at
the earliest practical moment.