ERICKSON, Justice.
This appeal challenges the decision of the district court which upheld the constitutionality of the Municipal Annexation Act of 1965 (hereinafter Annexation Act).
On June 6, 1973, the Board of County Commissioners of Jefferson County (hereinafter county commissioners), along with other named individuals, filed a complaint and petition for certiorari review and also sought a declaratory judgment relating to Denver Annexation Ordinance No. 189, Series 1973 (hereinafter ordinance). The ordinance effected the annexation of a portion of Jefferson County by the City and County of Denver and was based upon a petition signed by the owners of 100% of the property to be annexed. Section 31-8-107(1)(g), C.R.S.1973.
After trial, the district court entered a judgment invalidating the ordinance on the basis of Denver's failure to comply with the procedural requirements of the Annexation Act. On appeal, the court of appeals affirmed. Board of County Comm'rs. v. City
Upon remand, the court of appeals reversed the original judgment and remanded to the district court for a determination of the constitutionality of the Annexation Act. The district court subsequently entered a judgment upholding the validity of the Annexation Act.
On appeal, the county commissioners contend that the Annexation Act is so replete with contradictions, inconsistencies, and irreconcilable conflicts that it is unconstitutionally vague and incapable of judicial interpretation without resort to judicial legislation.
I.
The county commissioners have standing to challenge the constitutionality of the Annexation Act. A county and its commissioners possess only such powers as are expressly conferred upon them by the constitution or statute and such incidental implied powers as are reasonably necessary to carry out such express powers. Board of County Comm'rs. v. Love, 172 Colo. 121, 470 P.2d 861 (1970); People v. District Court, 127 Colo. 280, 255 P.2d 743 (1953). The county commissioners' standing to challenge the constitutionality of the Annexation Act is derived from an express legislative grant authorizing the county commissioners to appeal annexation decisions. Section 31-8-116, C.R.S.1973;
The county commissioners insist that we should also consider the constitutionality of other portions of the Annexation Act and the constitutionality of the Annexation Act as a whole on the basis that the constitutionality of the Annexation Act is publici juris. We disagree.
We have consistently and frequently construed and upheld the validity of the Annexation Act against the various attacks made upon it. Green Valley Ranch Venture Co. v. District Court, 186 Colo. 173, 526 P.2d 141 (1974); Breternitz v. Arvada, 174 Colo. 56, 482 P.2d 955 (1971). Although the provisions of the Annexation Act are not examples of clarity in legislative drafting, the Annexation Act has been used for twelve years to effect countless annexations. No overwhelming question of public interest and importance exists in this case to permit us to disregard the established rule that the constitutionality of a statute will not be passed upon unless it is essential for the determination of the pending case. See Weissman v. Board of Education of Jefferson County School District No. R-1, Colo., 547 P.2d 1267 (1976); Kirk v. Douglas, 176 Colo. 104, 489 P.2d 201 (1971).
II.
The challenge of the county commissioners focuses upon section 31-8-107(1)(g), C.R.S.1973, which provides:
The county commissioners' argument is that:
The conclusion is reached by the county commissioners that these inconsistent sections cause any endeavor to judicially interpret the Annexation Act to result in judicial legislation.
"A statute is presumed to be constitutional, and to be declared unconstitutional must be shown clearly to be so." Breternitz v. Arvada, supra; see Love v. Bell, 171 Colo. 27, 465 P.2d 118 (1970). The Annexation Act itself directs that we liberally construe its provisions to effect its purposes. Section 31-8-102, C.R.S.1973; City and County of Denver v. Board of County Comm'rs., supra.
The county commissioners are correct in their assertion that courts cannot construe vague legislation if the effect of the construction is judicial legislation. Colo.Const., Art. III; Littleton v. Wagenblast, 139 Colo. 346, 388 P.2d 1025 (1959); Sheely v. Sheely, 102 Colo. 194, 78 P.2d 378 (1939). But legislation rarely anticipates all the vagaries of a situation; unforeseen cases cause inconsistencies and ambiguities to arise even under the most carefully drawn statutes. Judicial construction and interpretation is often necessary. Only when legislation is "so vague, indefinite and uncertain that the courts are unable to determine, with reasonable certainty, what the legislature intended, or so incomplete and inconsistent in its provisions that it cannot be executed" will it be struck down as unconstitutionally vague. Sullivan v. Brawner, 237 Ky. 730, 36 S.W.2d 364 (1931).
Section 31-8-107(1)(g) employs the phrase "except that." The question in this case is whether that phrase applies only to section 31-8-107, C.R.S.1973, or to the entire statute. A rule of construction is set forth in 2A Sutherland, Statutes and Statutory Construction § 47.09 (4th Ed., C. Sands):
See R. Dickerson, The Interpretation and Application of Statutes (1975). Furthermore, in determining the meaning of a particular word or phrase, the meaning of the entire statute, or the relevant portion thereof, should be considered. Breternitz v. Arvada, supra.
The general assembly clearly intended to distinguish between petitions for
The other allegations made by the county commissioners lack merit and need not be discussed.
The Annexation Act has resulted in substantial controversies before this court. The frequency of litigation emphasizes that the Annexation Act was inartfully drafted—that inconsistencies and ambiguities abound. While the portions of the Annexation Act before us in this case are not such as to require the statute be struck as being unconstitutional, the inconsistencies discussed, as well as others, are a substantial burden on the courts. When courts must construe a statute as often as has been necessary with the Annexation Act, the general assembly would do well to reconsider and redraft the Act to eliminate and resolve apparent inconsistencies and ambiguities.
The judgment of the district court is affirmed.
GROVES, J., concurs in the result.
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