Colorado § 31-12-308 Report - approval by court

Colorado Statutes

§ 31-12-308 — Report - approval by court

Colorado·Title 31 Government·Art. Annexation - Consolidation - Disconnection

(1)Following the canvass and certification of the results of the election, the clerk shall forthwith prepare a report, which shall be signed by the mayor and attested by the clerk under the seal of such city or town, containing a copy of the ordinance under which the question was submitted and of the certified statement and determination of the result of such vote, and he shall file said report in the office of the clerk of the district court.

(2)The court shall examine the report and hear any objections and evidence that may be offered concerning the regularity or irregularity of the proceedings. If the court finds the proceedings irregular, the court shall disapprove said report and order a new election in accordance with the provisions of this part 3. If the court finds that

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(1) Following the canvass and
certification of the results of the election, the clerk shall forthwith prepare a report,
which shall be signed by the mayor and attested by the clerk under the seal of such
city or town, containing a copy of the ordinance under which the question was
submitted and of the certified statement and determination of the result of such
vote, and he shall file said report in the office of the clerk of the district court.

(2) The court shall examine the report and hear any objections and evidence
that may be offered concerning the regularity or irregularity of the proceedings. If
the court finds the proceedings irregular, the court shall disapprove said report and
order a new election in accordance with the provisions of this part 3. If the court
finds that the proceedings were substantially regular, the court shall approve the
report. If a majority of the votes cast are against annexation, the question shall not
again be submitted at any election held within twelve months thereafter. If a
majority of the votes so cast are for annexation, from the approval of such report,
such city or town shall be dissolved, and the area then included within the
boundaries thereof shall be annexed to and become part of the city existing under a
special charter upon the filing of two certified copies of notice of the completion of
such action with a legal description accompanied by a map of the area concerned
by the special charter city with the county clerk and recorder of the county in which
such action has taken place. The county clerk and recorder shall file the second
certified copy of such notice with the division of local government of the
department of local affairs, as provided by section 24-32-109, C.R.S. Appeals may
be made from judgments of the district court in such proceedings as in other civil
cases.

(3) When residence or the payment of taxes is required by law as a
qualification to vote or to hold office in the city existing under a special charter,
residence and the payment of taxes in any area so annexed shall constitute such
qualifications to the same extent as if the same had been in the city existing under
a special charter during the same period.

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