Title 31, Government - Municipal
0 chapters · 923 sections in this title.
Colo. Rev. Stat. § 31-2-101 Petition to district court
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(1) Whenever the inhabitants of any territory not embraced within the limits of any existing municipality desire to be organized into a city or town, they shall file a petition for incorporation of such city or town with the district court of the county within which such territor…
Colo. Rev. Stat. § 31-2-102 Incorporation election
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(1) If the district court finds and determines that the territory described in the petition and the petition itself meet the requirements of this part 1, it shall appoint not less than five nor more than nine commissioners, who shall be registered electors residing within the ter…
Colo. Rev. Stat. § 31-2-103 Approval of incorporation election
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(1) Within three days after the election, the commissioners shall file a report thereof with the court, which report shall be verified upon the oath or affirmation of each commissioner and which shall contain the following: (a) A certification that the election was held in accord…
Colo. Rev. Stat. § 31-2-104 Organization of new city or town
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(1) After the filing of the record in the proper offices by the clerk of the court, the commissioners mentioned in section 31-2-102, in the case of a city, by resolution, shall divide the city into wards in accordance with the provisions of section 31-4-104, and the commissioners…
Colo. Rev. Stat. § 31-2-105 Incorporation complete - first ordinances - when effective
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(1) When certified copies of the papers and record entries are made and filed, as required by section 31-2-103, and officers are elected and qualified for such city or town, as provided in section 31-2-104, the incorporation thereof shall be complete, and all courts thereafter sh…
Colo. Rev. Stat. § 31-2-106 Legal incorporation - validation - dedication of public property
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(1) Any city or town which is formed, organized, or incorporated and which exercises the rights and powers of a city or town and has in office a governing body exercising its duties is deemed legally incorporated. The legality of such formation or organization shall not be legall…
Colo. Rev. Stat. § 31-2-107 Adoption of home rule charter upon incorporation
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A city or town may be organized as a home rule city or town upon incorporation, in which event the form of the petition and the proceedings attendant upon the election of commissioners and other matters relating thereto shall be governed by the provisions of section 31-2-209. Sou…
Colo. Rev. Stat. § 31-2-108 Continued county services
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(1) The county within which any newly incorporated city or town, or any part thereof, lies and the officers thereof shall continue to perform all duties and responsibilities within such territory as required by law and shall: (a) Continue to apply all zoning, subdivision, and oth…
Colo. Rev. Stat. § 31-2-109 Assessment - taxes - collection
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When any municipality incorporates under the provisions of this title or any municipality reorganizes under the provisions of part 3 of this article after the time for making the annual assessment for taxation has passed, the governing body of each such city or town may provide, …
Colo. Rev. Stat. § 31-2-201 Short title
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This part 2 shall be known and may be cited as the Municipal Home Rule Act of 1971. Source: L. 75: Entire title R&RE, p. 1013, � 1, effective July 1. Editor's note: This section is similar to former � 31-2-101 as it existed prior to 1975.
Colo. Rev. Stat. § 31-2-202 Legislative declaration
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The general assembly declares that the policies and procedures contained in this part 2 are enacted to implement section 9 of article XX of the state constitution, adopted at the 1970 general election, by providing statutory procedures to facilitate adoption and amendment of muni…
Colo. Rev. Stat. § 31-2-203 Definitions
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As used in this part 2, unless the context otherwise requires: (1) Ballot title means a ballot title as defined in section 31-11-103 (1). (2) Publication means one publication in one newspaper of general circulation within the municipality. If there is no such newspaper, publicat…
Colo. Rev. Stat. § 31-2-204 Initiation of home rule
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(1) Proceedings to adopt a home rule charter for a municipality may be initiated: (a) By the submission of a petition, signed by at least five percent of the registered electors of the municipality, to the governing body thereof; or (b) By the adoption of an ordinance by the gove…
Colo. Rev. Stat. § 31-2-206 Charter commission
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(1) The charter commission shall be comprised as follows: (a) In municipalities having a population of less than two thousand, nine members; and (b) In municipalities having a population of at least two thousand, nine members unless the initiating ordinance or petition establishe…
Colo. Rev. Stat. § 31-2-207 Charter election - notice
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(1) Within thirty days after the date that the charter commission submits the proposed charter to it, the governing body shall publish and give notice of an election to determine whether the proposed charter shall be approved, which election shall be held not less than sixty nor …
Colo. Rev. Stat. § 31-2-208 Filings - effect
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(1) Within twenty days after its approval, a certified copy of the charter shall be filed with the secretary of state and with the clerk. (2) Upon such filings all courts shall take judicial notice of the charter. (3) This section shall also apply to any amendment or repeal of a …
Colo. Rev. Stat. § 31-2-209 Special procedure for adopting a charter upon incorporation
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(1) Proceedings to adopt a home rule charter may be initiated at the time of incorporation. (2) In order to initiate home rule at the time of incorporation, the petition for incorporation shall be in the form and meet the requirements required by the provisions of section 31-2-10…
Colo. Rev. Stat. § 31-2-210 Procedure to amend or repeal charter
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(1) Proceedings to amend a home rule charter may be initiated by either of the following methods: (a) Filing of a petition meeting the following requirements, in the following manner: (I) The petition process shall be commenced by filing with the clerk a statement of intent to ci…
Colo. Rev. Stat. § 31-2-211 Elections - general
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(1) Except as otherwise specifically provided, all elections held pursuant to this part 2 shall be conducted as nearly as practicable in conformity with the provisions of the Colorado Municipal Election Code of 1965. (2) All necessary expenses for elections conducted pursuant to …
Colo. Rev. Stat. § 31-2-212 Initiative, referendum, and recall
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Every charter shall contain procedures for the initiative and referendum of measures and for the recall of officers. Source: L. 75: Entire title R&RE, p. 1018, � 1, effective July 1. Editor's note: This section is similar to former � 31-2-112 as it existed prior to 1975.
Colo. Rev. Stat. § 31-2-213 Determination of population
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When a determination of the population or number of registered electors of the municipality is required under this part 2, said determination shall be made upon the best readily available information by the governing body, clerk, election commissioners, or court, as the case may …
Colo. Rev. Stat. § 31-2-214 Time limit on submission of similar proposals
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No proposal for a charter commission, charter amendment, or repeal of a charter shall be initiated within twelve months after rejection of a substantially similar proposal. Source: L. 75: Entire title R&RE, p. 1018, � 1, effective July 1. Editor's note: This section is similar to…
Colo. Rev. Stat. § 31-2-215 Conflicting or alternative charter proposals
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(1) In submitting any charter or charter amendment, any alternative provision may be submitted for the choice of the voters and may be voted on separately without prejudice to others. The alternative provision receiving the highest number of votes, if approved by a majority of th…
Colo. Rev. Stat. § 31-2-216 Change in classification of municipalities
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Notwithstanding the provisions of part 2 of article 1 of this title, a town having a population exceeding two thousand may reclassify itself as a city, and a city having a population of two thousand or less may reclassify itself as a town, upon adoption of a home rule charter wit…
Colo. Rev. Stat. § 31-2-217 Vested rights saved
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The adoption of any charter, charter amendment, or repeal thereof shall not be construed to destroy any property right, contract right, or right of action of any nature or kind, civil or criminal, vested in or against the municipality under and by virtue of any provision of law t…
Colo. Rev. Stat. § 31-2-218 Finality
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No proceeding contesting the adoption of a charter, charter amendment, or repeal thereof shall be brought unless commenced within forty-five days after the election adopting the measure. Source: L. 75: Entire title R&RE, p. 1018, � 1, effective July 1. Editor's note: This section…
Colo. Rev. Stat. § 31-2-219 Additional petition requirements
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Any petition to initiate the adoption, amendment, or repeal of a municipal home rule charter, including the formation of a new charter commission, shall be subject to the provisions of sections 31-2-220 to 31-2-225, in addition to any other requirements imposed by this part 2. An…
Colo. Rev. Stat. § 31-2-220 Warning on petition - signatures - affidavits - circulators
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(1) At the top of each page of a petition to initiate the adoption, amendment, or repeal of a municipal home rule charter, including the formation of a new charter commission, must be printed, in plain red letters no smaller than the impression of ten-point, bold-faced type, the …
Colo. Rev. Stat. § 31-2-221 Form of petition - representatives of signers
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(1) Petitions to initiate the adoption, amendment, or repeal of a home rule charter, including the formation of a new charter commission, shall be printed on pages eight and one-half inches wide by eleven inches long, with a margin of two inches at the top for binding; the sheets…
Colo. Rev. Stat. § 31-2-222 Ballot
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Proposals to adopt, amend, or repeal home rule charters, including the formation of a new charter commission, shall appear upon the official ballot by ballot title only and, if more than one, shall be numbered consecutively in such order as the governing body may provide and shal…
Colo. Rev. Stat. § 31-2-223 Affidavit - evidence - protest procedure
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(1) All petitions to initiate the adoption, amendment, or repeal of a home rule charter, including the formation of a new charter commission, shall have attached thereto an affidavit of the circulator of the petition stating that each signature on the petition is the signature of…
Colo. Rev. Stat. § 31-2-224 Receiving money to circulate petition - penalty. (Repealed)
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Source: L. 84: Entire section added, p. 835, � 5, effective April 25. L. 89: Entire section repealed, p. 861, � 156, effective July 1.
Colo. Rev. Stat. § 31-2-225 Unlawful acts - penalty
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(1) With respect to any petition to initiate the adoption, amendment, or repeal of a home rule charter, including the formation of a new charter commission, it is unlawful: (a) For any person willfully and knowingly to circulate or cause to be circulated or sign or procure to be …
Colo. Rev. Stat. § 31-2-301 Procedure
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Any city or town incorporated prior to July 3, 1877, which has not previously reorganized pursuant to this part 3 may abandon its organization and organize itself under the provisions of this title, with the same territorial limits, by pursuing the course prescribed in this part …
Colo. Rev. Stat. § 31-2-302 Petition - election
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Upon the petition of the registered electors of any such town or city equal in number to ten percent of the votes cast for all candidates for mayor at the last preceding regular election, the governing body thereof shall immediately, by ordinance or resolution, call a special ele…
Colo. Rev. Stat. § 31-2-303 Notice of election
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The mayor or, if there is no mayor, the presiding officer of the governing body, immediately upon the effective date of the ordinance or resolution, shall cause notice to be given of the election, of the question to be submitted thereat, and of the time and place of the holding t…
Colo. Rev. Stat. § 31-2-304 Ballot
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The form of ballot or voting machine tabs at such election shall be: For Municipal Organization Under the General Law and Against Municipal Organization Under the General Law. Source: L. 75: Entire title R&RE, p. 1019, � 1, effective July 1. Editor's note: This section is similar…
Colo. Rev. Stat. § 31-2-305 Election of officers - terms
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If a majority of the votes cast at such election are for organization under this title, the governing body shall immediately call a special election for the election of officers for such reorganized city or town. Such election shall be conducted in accordance with the provisions …
Colo. Rev. Stat. § 31-2-306 No similar proposal for one year
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If a majority of the votes cast at such election are against organization under this title, no petition for another vote upon such question shall be accepted less than one year after such vote. Source: L. 75: Entire title R&RE, p. 1019, � 1, effective July 1. Editor's note: This …
Colo. Rev. Stat. § 31-2-307 Property remains vested - rights - cumulative remedy
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All rights and property of every description vested in any city or town under its former organization shall be deemed and held to be vested in the reorganized city or town. No right or liability, either in favor of or against such city or town, existing at the time and no suit or…
Colo. Rev. Stat. § 31-2-308 Duty of county treasurer - sale - redemption
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If any city or town abandons its old organization and incorporates under this title, it is the duty of the county treasurer to collect, in the same manner as other taxes are collected, any taxes of such city or town which, at the time of such incorporation, have become due or del…
Colo. Rev. Stat. § 31-2-309 Ordinances remain effective
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When any city or town incorporated prior to July 3, 1877, reorganizes under this title, the bylaws and ordinances adopted and in force in such city or town previous to such reorganization shall remain in full force and effect for all purposes until the same are changed, amended, …
Colo. Rev. Stat. § 31-2-401 Petition to change name
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Proceedings to change the name of any city or town in this state may be initiated by filing with the governing body thereof a written petition therefor, which petition shall be signed by registered electors thereof equal in number to fifty percent of the total votes cast for all …
Colo. Rev. Stat. § 31-2-402 Name filed with secretary of state
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After the presentation of the petition mentioned in section 31-2-401, the name proposed to be given to such city or town shall be filed by the clerk in the office of the secretary of state, to be retained there for a period of at least thirty days, and, upon application, the secr…
Colo. Rev. Stat. § 31-2-403 Secretary to keep alphabetical list
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The secretary of state shall ascertain the names of all the municipalities within this state and shall arrange such names in alphabetical order for convenient reference. Such list of names shall be kept filed in his office and shall be changed when a change of name is effected un…
Colo. Rev. Stat. § 31-2-404 Notice of hearing on petition
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At any meeting of the governing body of any city or town after the presentation of the petition, the governing body shall fix the time when the petition shall be considered and order notice of the presentation thereof to be given by publishing such notice once each week for three…
Colo. Rev. Stat. § 31-2-405 Hearing postponed
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If for any reason at the time fixed in the notice provided for in section 31-2-404 action thereon is not taken, such petition for a change of name shall be heard, with all remonstrances, at any subsequent meeting of the governing body of any such city or town. If said governing b…
Colo. Rev. Stat. § 31-2-406 Secretary to give notice
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If said change of name is made or if any new city or town is incorporated, the governing body of any such city or town shall cause a copy of the order making such change or fixing the name of such new city or town to be filed in the office of the secretary of state, who shall the…
Colo. Rev. Stat. § 31-2-407 Change does not affect liability
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Nothing in this part 4 shall affect the rights, privileges, or liabilities of such city or town, or those of any person, as the same existed before such change of name. All proceedings pending in any court or place in favor of or against said city or town may be continued to fina…