If two-thirds of the total votes cast upon such question are cast "Against incorporation", the incorporation of the city or town shall be discontinued; except that no such discontinuance shall be effective until such time as the governing body of the city or town has made proper provisions for the payment of all of its indebtedness and for the faithful performance of all its contractual and other obligations, levied the requisite taxes, and appropriated the requisite funds therefor and until two certified copies of notice of such action with a legal description accompanied by a map of the area concerned are filed by the city or town 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. For the payment of its indebtedness, the city or town shall issue warrants in cases where there is no money in the treasury. The county treasurer shall collect the tax which is levied to pay such indebtedness as he collects other taxes and shall pay the warrants. Any surplus of this fund shall be transmitted to the school fund of the district where the same is levied.
Source: L. 75: Entire title R&RE, p. 1021, § 1, effective July 1.
Editor's note: This section is similar to former §§ 31-9-103 and 31-9-107 as they existed prior to 1975.
Structure Colorado Code
Title 31 - Government - Municipal
Article 3 - Discontinuance of Incorporation
Part 1 - Discontinuance - Cities and Towns
§ 31-3-101. Petition to the District Court
§ 31-3-103. Return - Canvass - Costs
§ 31-3-104. Discontinuance - When Effective - Legal Indebtedness - Tax