The powers of a county as a body politic and corporate shall be exercised by a board of county commissioners therefor.
Source: G.L. § 430. G.S. § 523. R.S. 08: § 1179. C.L. § 8660. CSA: C. 45, § 3. CRS 53: § 36-1-3. C.R.S. 1963: § 36-1-3.
ANNOTATION
Within the scope of their powers the county commissioners are supreme and they cannot be superseded, nor can their acts be judicially controlled or reviewed, except for an excess of jurisdiction or abuse of discretion. Bd. of Comm'rs v. Davis, 27 Colo. App. 501, 150 P. 324 (1915).
It cannot shift its powers to another, nor evade responsibility for its declared duties. Bd. of Comm'rs v. Davis, 27 Colo. App. 501, 150 P. 324 (1915).
The county commissioners are invested with full and sole power to manage the business affairs of the county. Bd. of Comm'rs v. Leonard, 3 Colo. App. 576, 34 P. 583 (1893).
And they are necessarily vested with reasonable discretion in the administration of county affairs. Bd. of Comm'rs v. Leonard, 3 Colo. App. 576, 34 P. 583 (1893).
The commissioners are the governing body and by statute they are clothed with full authority to make all contracts which are essential to the management of the county affairs. Liggett v. Bd. of Comm'rs, 6 Colo. App. 269, 40 P. 475 (1895).
A county exercises its power by and through its board of commissioners, not through individual members. Nicholl v. E-470 Pub. Highway Auth., 896 P.2d 859 (Colo. 1995).
The status of counties as corporations has been the subject of considerable discussion, and while they are defined as quasi corporations, it is always conceded that as such they have, to the extent of the powers which are conferred upon them, full authority to act and to contract as may corporations generally. Liggett v. Bd. of Comm'rs, 6 Colo. App. 269, 40 P. 475 (1895).
The board possesses such powers as are expressly conferred upon it by the constitution and statutes, and in addition thereto such implied powers as are reasonably necessary to the efficient execution of its express powers and duties. Roberts v. People, 9 Colo. 458, 13 P. 630 (1887); Chase v. Bd. of Comm'rs, 37 Colo. 268, 86 P. 1011 (1906); Robbins v. Hoover, 50 Colo. 610, 115 P. 526 (1911); Bd. of Comm'rs v. Davis, 27 Colo. App. 501, 150 P. 324 (1915).
These powers, it is evident and unquestioned, are to be used in such manner as would best subserve the interests of the citizens of the county of which the county commissioners are simply the representatives. Colburn v. Bd. of Comm'rs, 15 Colo. App. 90, 61 P. 241 (1900).
But they are not clothed with the authority to barter away in perpetuity the rights and interests of the public, whatever may be their power as to discretionary acts. Colburn v. Bd. of Comm'rs, 15 Colo. App. 90, 61 P. 241 (1900).
Power to buy and build not power to maintain. Where the commissioners had the discretionary power to select and purchase a site for a courthouse, and to erect the building thereon, here the power ended, because they had no authority from the general assembly, either express or implied, to bind the public to maintain the courthouse upon the site so selected for all time to come, and the public was not bound by any alleged acts of ratification of the void contract. Colburn v. Bd. of Comm'rs, 15 Colo. App. 90, 61 P. 241 (1900).
Power to contract beyond terms of office. Where the officers or trustees of a quasi corporation are empowered to act with reference to any particular matter, it is generally conceded their contract will be valid and binding, even though some part of its performance may be impossible until after the expiration of the term of the officers who may enter into the engagement. Liggett v. Bd. of Comm'rs, 6 Colo. App. 269, 40 P. 475 (1895).
A subsequent board of commissioners has no power to review the discretionary acts of a former board. Bd. of Comm'rs v. Leonard, 3 Colo. App. 576, 34 P. 583 (1893).
Void contract. Any contract which will disable a public or quasi-public corporation from performing the duty which it has undertaken, or has been imposed upon it, for public weal, is void. Colburn v. Bd. of Comm'rs, 15 Colo. App. 90, 61 P. 241 (1900).
The right to sue a county is purely statutory, and where the mode of instituting the suit is prescribed by statute, it must be strictly followed. Bd. of Comm'rs v. Churning, 4 Colo. App. 321, 35 P. 918 (1894).