CO Code § 31-12-118 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 12 - Annexation- Consolidation - Disconnection|Part 1 - Municipal Annexation Act of 1965|§ 31-12-118. Priority of Annexation Proceedings

  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.      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.    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.       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.    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.    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.      History. Source: L. 75: Entire title R&RE, p. 1090, § 1, effective July 1. L. 81: (2) amended, p. 1614, § 15, effective July 1. L. 99: (1) and (2) amended, p. 1, § 2, effective February 1.    Editor's note:   This section is similar to former § 31-8-118 as it existed prior to 1975.   ANNOTATION   Subsection (2) of this section, as amended in 1999, is not unconstitutional. The 1999 act does not violate the special legislation, retrospectivity, or impairment of contract provisions of the Colorado Constitution. Greenwood Vill. v. Petitioners for Proposed City of Centennial, 3 P.3d 427 (Colo. 2000).   Section gives annexation proceedings priority over incorporation procedures and thereby expresses a clear preference for consolidation over fragmentation. In re Incorporation of Town of Eastridge v. City of Aurora, 198 Colo. 440 , 601 P.2d 1374 (1979) (decided prior to 1999 amendment).   Requirements for subsection (2) cessation of proceedings. Unless the petitions for annexation are found to be in compliance with the provisions of the annexation act, they do not trigger a cessation of all other annexation proceedings pursuant to subsection (2). Slack v. City of Colo. Springs, 655 P.2d 376 (Colo. 1982).   Rejected petitions may not be revived by amendment. Once petitions are rejected as defective, it is not possible to revive them by subsequent amendment. Slack v. City of Colo. Springs, 655 P.2d 376 (Colo. 1982).   Applied in Bd. of County Comm'rs v. City & County of Denver, 40 Colo. App. 281, 573 P.2d 568 (1977).