reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 2 - MUNICIPAL HOME RULE (§§ 31-2-201 — 31-2-225) › Section 31-2-215 - Conflicting or alternative charter proposals

(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 the registered electors voting thereon, shall be deemed approved.
(2)
In case of adoption of conflicting provisions which are not submitted as alternatives, the one which receives the greatest number of affirmative votes shall prevail in all particulars as to which there is conflict.
L. 75: Entire title R&RE, p. 1018, § 1, effective July 1. L. 84: Entire section amended, p. 832, § 4, effective April 25.
This section is similar to former § 31-2-115 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 2 - MUNICIPAL HOME RULE (§§ 31-2-201 — 31-2-225) › Section 31-2-216 - Change in classification of municipalities

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 without otherwise complying with the procedures in said part 2.
L. 75: Entire title R&RE, p. 1018, § 1, effective July 1. L. 81: Entire section amended, p. 1491, § 8, effective June 5.
This section is similar to former § 31-2-116 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 2 - MUNICIPAL HOME RULE (§§ 31-2-201 — 31-2-225) › Section 31-2-217 - Vested rights saved

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 theretofore existing or otherwise accruing to the municipality; but all such rights shall vest in and inure to the municipality or to any persons asserting any such claims against the municipality as fully and as completely as though the charter, amendment, or repeal thereof had not been adopted. Such adoption shall never be construed to affect any such right existing between the municipality and any person.
L. 75: Entire title R&RE, p. 1018, § 1, effective July 1.
This section is similar to former § 31-2-117 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 2 - MUNICIPAL HOME RULE (§§ 31-2-201 — 31-2-225) › Section 31-2-218 - Finality

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.
L. 75: Entire title R&RE, p. 1018, § 1, effective July 1.
This section is similar to former § 31-2-118 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 2 - MUNICIPAL HOME RULE (§§ 31-2-201 — 31-2-225) › Section 31-2-219 - Additional petition requirements

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. Any such petition which fails to conform to the requirements of this part 2 or is circulated in a manner other than that permitted in this part 2 is invalid.
L. 84: Entire section added, p. 832, § 5, effective April 25.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 2 - MUNICIPAL HOME RULE (§§ 31-2-201 — 31-2-225) › Section 31-2-221 - Form of petition - representatives of signers

(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 for signature shall have their ruled lines numbered consecutively and shall be attached to a complete copy of what is proposed, printed in plain block letters no smaller than the impression of eight-point type. Petitions may consist of any number of sections composed of sheets arranged as provided in this section. Each petition shall designate by name and address not less than three nor more than five registered electors who shall represent the signers thereof in all matters affecting the same. No such petition shall be printed, published, or otherwise circulated in a municipality until the clerk has approved it as to form only, and the clerk shall assure that the petition contains only the matters required by this part 2 and contains no extraneous material. The clerk shall approve or disapprove such form within five working days of submission. All such petitions shall be prenumbered serially, and the circulation of any petition described by this part 2 by any medium other than personally by a circulator is prohibited.
(2)
Any disassembly of the petition which has the effect of separating the affidavits from the signatures shall render the petition invalid and of no force and effect. Prior to the time of filing, the persons designated in the petition to represent the signers shall attach the sheets containing the signatures and affidavits together, which shall be bound in convenient volumes together with the sheets containing the signatures accompanying the same.
L. 84: Entire section added, p. 833, § 5, effective April 25.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 2 - MUNICIPAL HOME RULE (§§ 31-2-201 — 31-2-225) › Section 31-2-222 - Ballot

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 shall be printed on the official ballot in that order, together with their respective numbers prefixed in boldface type. Each ballot title shall appear once on the official ballot and shall be separated from the other ballot titles next to it by heavy black lines and shall be followed by the words "yes" and "no" as follows:
(HERE SHALL APPEAR THE BALLOT TITLE IN FULL)
YES
NO
L. 84: Entire section added, p. 834, § 5, effective April 25.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 2 - MUNICIPAL HOME RULE (§§ 31-2-201 — 31-2-225) › Section 31-2-224 - [Repealed]

L. 84: Entire section added, p. 835, § 5, effective April 25. L. 89: Entire section repealed, p. 861, § 156, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 2 - MUNICIPAL HOME RULE (§§ 31-2-201 — 31-2-225) › Section 31-2-225 - Unlawful acts - penalty

(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 signed any petition bearing the name, device, or motto of any person, organization, association, league, or political party, or purporting in any way to be endorsed, approved, or submitted by any person, organization, association, league, or political party, without the written consent, approval, and authorization of such person, organization, association, league, or political party;
(b)
For any person to sign any name other than his own to any such petition or knowingly to sign his name more than once for the same measure at one election;
(c)
For any person to sign any such petition who is not a registered elector of the municipality or of the territory proposed to be incorporated at the time of signing the same;
(d)
For any person to sign any affidavit as circulator without knowing or reasonably believing the statements made in such affidavit to be true;
(e)
For any person to certify that an affidavit attached to such petition was subscribed or sworn to before him unless it was so subscribed and sworn to before him and unless such person so certifying is duly qualified under the laws of this state to administer an oath; or
(f)
For any person to do willfully any act in reviewing the petition or setting the ballot title which shall confuse or tend to confuse the issues submitted or proposed to be submitted at any election held under this part 2 or to refuse to submit any such petition in the form presented for submission at any election held under this part 2.
(2)
Any person who violates any of the provisions of this section commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
, C.R.S.
L. 84: Entire section added, p. 835, § 5, effective April 25. L. 85: (1)(c) amended, p. 1349, § 19, effective April 30. L. 2002: (2) amended, p. 1543, § 289, effective October 1.
For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 3 - REORGANIZATION OF CITIES AND TOWNS FORMED UNDER PRIOR LAW (§§ 31-2-301 — 31-2-309) › Section 31-2-301 - Procedure

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 3.
L. 75: Entire title R&RE, p. 1019, § 1, effective July 1.
This section is similar to former § 31-4-101 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 3 - REORGANIZATION OF CITIES AND TOWNS FORMED UNDER PRIOR LAW (§§ 31-2-301 — 31-2-309) › Section 31-2-302 - Petition - election

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 election on the question of organizing under this title. Such question shall be submitted to the registered electors of the city or town at a special election to be held on the date set by the governing body and conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965", insofar as possible.
L. 75: Entire title R&RE, p. 1019, § 1, effective July 1. L. 87: Entire section amended, p. 326, § 76, effective July 1.
This section is similar to former § 31-4-102 as it existed prior to 1975.
For the "Colorado Municipal Election Code of 1965", see article 10 of this title.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 3 - REORGANIZATION OF CITIES AND TOWNS FORMED UNDER PRIOR LAW (§§ 31-2-301 — 31-2-309) › Section 31-2-303 - Notice of election

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 thereof, which notice shall be published once each week for four consecutive weeks in some newspaper of general circulation within the city or town. If there is no such newspaper, publication shall be by posting a copy of said notice in three public places within the municipal limits.
L. 75: Entire title R&RE, p. 1019, § 1, effective July 1.
This section is similar to former § 31-4-103 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 3 - REORGANIZATION OF CITIES AND TOWNS FORMED UNDER PRIOR LAW (§§ 31-2-301 — 31-2-309) › Section 31-2-304 - Ballot

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".
L. 75: Entire title R&RE, p. 1019, § 1, effective July 1.
This section is similar to former § 31-4-104 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 3 - REORGANIZATION OF CITIES AND TOWNS FORMED UNDER PRIOR LAW (§§ 31-2-301 — 31-2-309) › Section 31-2-305 - Election of officers - terms

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 of the "Colorado Municipal Election Code of 1965". After the election and qualification of such officers, the former organization of such city or town shall be considered as abandoned, and such city or town shall be considered as organized under the provisions of this title. The officers so elected shall hold their offices only until the next regular election in such city or town.
L. 75: Entire title R&RE, p. 1019, § 1, effective July 1.
This section is similar to former § 31-4-105 as it existed prior to 1975.
For the "Colorado Municipal Election Code of 1965", see article 10 of this title.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 3 - REORGANIZATION OF CITIES AND TOWNS FORMED UNDER PRIOR LAW (§§ 31-2-301 — 31-2-309) › Section 31-2-306 - No similar proposal for one year

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.
L. 75: Entire title R&RE, p. 1019, § 1, effective July 1.
This section is similar to former § 31-4-103 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 3 - REORGANIZATION OF CITIES AND TOWNS FORMED UNDER PRIOR LAW (§§ 31-2-301 — 31-2-309) › Section 31-2-307 - Property remains vested - rights - cumulative remedy

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 prosecution of any kind shall be affected by such change. Where a different remedy is given by this title which can properly be made applicable to any right existing at the time such change is made, the same shall be deemed cumulative to any other remedies available prior to such change and may be used accordingly.
L. 75: Entire title R&RE, p. 1019, § 1, effective July 1.
This section is similar to former § 31-4-106 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 3 - REORGANIZATION OF CITIES AND TOWNS FORMED UNDER PRIOR LAW (§§ 31-2-301 — 31-2-309) › Section 31-2-308 - Duty of county treasurer - sale - redemption

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 delinquent. If property has been sold before such reorganization for taxes due any such city or town and the same has not been redeemed nor the deed executed therefor prior to incorporation, it is the duty of the county treasurer to act in all respects regarding the redemption of such property, the collection of taxes thereon, and the execution of the deed therefor as though the same had been sold subsequent to such reorganization.
L. 75: Entire title R&RE, p. 1019, § 1, effective July 1.
This section is similar to former § 31-4-108 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 3 - REORGANIZATION OF CITIES AND TOWNS FORMED UNDER PRIOR LAW (§§ 31-2-301 — 31-2-309) › Section 31-2-309 - Ordinances remain effective

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, or repealed by the governing body elected under the new organization.
L. 75: Entire title R&RE, p. 1020, § 1, effective July 1.
This section is similar to former § 31-4-110 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 4 - CHANGE OF NAME (§§ 31-2-401 — 31-2-407) › Section 31-2-401 - Petition to change name

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 candidates for mayor in the last regular election of the city or town, requesting that the name of the city or town be changed.
L. 75: Entire title R&RE, p. 1020, § 1, effective July 1. L. 87: Entire section amended, p. 326, § 77, effective July 1.
This section is similar to former § 31-1-301 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 4 - CHANGE OF NAME (§§ 31-2-401 — 31-2-407) › Section 31-2-402 - Name filed with secretary of state

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 secretary of state, at any time after the expiration of said thirty days from said filing, shall grant a certificate stating that such name has not been given to any other municipality in this state if such is the fact. If such name has been adopted by any other municipality, as appears from the records in his office, the secretary of state shall so notify the clerk filing such name in his office, in which event no further proceedings shall be undertaken unless another petition, setting forth a different proposed name, is filed, which such different proposed name shall likewise be filed with the secretary of state. No further proceedings for a change of name shall be commenced until a certificate is received from the secretary of state attesting that the proposed name has not been adopted elsewhere in this state.
L. 75: Entire title R&RE, p. 1020, § 1, effective July 1.
This section is similar to former § 31-1-302 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 4 - CHANGE OF NAME (§§ 31-2-401 — 31-2-407) › Section 31-2-403 - Secretary to keep alphabetical list

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 under the provisions of this part 4.
L. 75: Entire title R&RE, p. 1020, § 1, effective July 1.
This section is similar to former § 31-1-303 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 4 - CHANGE OF NAME (§§ 31-2-401 — 31-2-407) › Section 31-2-404 - Notice of hearing on petition

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 successive weeks in some newspaper having a general circulation in such city or town. If there is no such newspaper, publication shall be by posting a copy of said notice in three public places within the municipal limits. Such notice shall state that a change of the name of such city or town has been petitioned for and the time when action on said petition will be had, at which time remonstrances, if any, will be heard.
L. 75: Entire title R&RE, p. 1020, § 1, effective July 1.
This section is similar to former § 31-1-304 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 4 - CHANGE OF NAME (§§ 31-2-401 — 31-2-407) › Section 31-2-405 - Hearing postponed

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 body is satisfied that such change of name is necessary and proper, they shall thereupon make an order changing the name of such city or town and adopting the name petitioned for in the petition.
L. 75: Entire title R&RE, p. 1021, § 1, effective July 1.
This section is similar to former § 31-1-305 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 4 - CHANGE OF NAME (§§ 31-2-401 — 31-2-407) › Section 31-2-406 - Secretary to give notice

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 thereupon make known such facts by publication in some newspaper of general circulation in the county in which such city or town is situated.
L. 75: Entire title R&RE, p. 1021, § 1, effective July 1.
This section is similar to former § 31-1-306 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 4 - CHANGE OF NAME (§§ 31-2-401 — 31-2-407) › Section 31-2-407 - Change does not affect liability

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 final consummation under the name in which the same were commenced.
L. 75: Entire title R&RE, p. 1021, § 1, effective July 1.
This section is similar to former § 31-1-307 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 3 - DISCONTINUANCE OF INCORPORATION (§§ 31-3-101 — 31-3-202) › Part 1 - DISCONTINUANCE - CITIES AND TOWNS (§§ 31-3-101 — 31-3-106) › Section 31-3-101 - Petition to the district court

Proceedings to discontinue the incorporation of any city or town may be commenced by the filing of a petition to discontinue such incorporation, signed by twenty-five percent of the registered electors of the city or town, with the district court of the county wherein such city or town, or any part thereof, is situate. Upon satisfying itself that the petition meets the requirements of this section, the court shall cause a notice to be published once each week for at least four weeks, which notice shall state that the question of discontinuing the incorporation of such city or town shall be submitted to a vote of the registered electors thereof at its next regular election.
L. 75: Entire title R&RE, p. 1021, § 1, effective July 1. L. 87: Entire section amended, p. 326, § 78, effective July 1.
This section is similar to former § 31-9-101 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 3 - DISCONTINUANCE OF INCORPORATION (§§ 31-3-101 — 31-3-202) › Part 1 - DISCONTINUANCE - CITIES AND TOWNS (§§ 31-3-101 — 31-3-106) › Section 31-3-102 - Form of ballots

The form of ballots shall be "For the incorporation" and "Against the incorporation".
L. 75: Entire title R&RE, p. 1021, § 1, effective July 1.
This section is similar to former § 31-9-102 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 3 - DISCONTINUANCE OF INCORPORATION (§§ 31-3-101 — 31-3-202) › Part 1 - DISCONTINUANCE - CITIES AND TOWNS (§§ 31-3-101 — 31-3-106) › Section 31-3-103 - Return - canvass - costs

The vote for this purpose shall be taken, canvassed, and returned in the same manner as in other municipal elections. All expenses of the same shall be paid by the city or town when the result of the vote is "Against the incorporation" but by the petitioners when the result is "For incorporation".
L. 75: Entire title R&RE, p. 1021, § 1, effective July 1.
This section is similar to former § 31-9-104 as it existed prior to 1975.
For municipal elections, see article 10 of this title.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 3 - DISCONTINUANCE OF INCORPORATION (§§ 31-3-101 — 31-3-202) › Part 1 - DISCONTINUANCE - CITIES AND TOWNS (§§ 31-3-101 — 31-3-106) › Section 31-3-104 - Discontinuance - when effective - legal indebtedness - tax

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.
L. 75: Entire title R&RE, p. 1021, § 1, effective July 1.
This section is similar to former §§ 31-9-103 and 31-9-107 as they existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 3 - DISCONTINUANCE OF INCORPORATION (§§ 31-3-101 — 31-3-202) › Part 1 - DISCONTINUANCE - CITIES AND TOWNS (§§ 31-3-101 — 31-3-106) › Section 31-3-105 - Books deposited - court records

The books, documents, records, papers, and corporate seal of any city or town so discontinued shall be deposited with the county clerk and recorder of the county with which the petition was filed, for safekeeping and reference in the future.
L. 75: Entire title R&RE, p. 1022, § 1, effective July 1.
This section is similar to former § 31-9-105 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 3 - DISCONTINUANCE OF INCORPORATION (§§ 31-3-101 — 31-3-202) › Part 1 - DISCONTINUANCE - CITIES AND TOWNS (§§ 31-3-101 — 31-3-106) › Section 31-3-106 - County clerk and recorder to publish - posting

When the incorporation of any city or town has been discontinued in accordance with the provisions of this part 1, the county clerk and recorder of each county in which the city or town, or any part thereof, was situate shall publish notice of such discontinuance of incorporation once each week for at least four weeks in some newspaper published within the county, or, if no newspaper is published within the county, said county clerk and recorder shall post notice thereof in three public places within the county for a period of not less than thirty calendar days. Said county clerk and recorder shall also certify the fact of discontinuance of incorporation to the secretary of state.
L. 75: Entire title R&RE, p. 1022, § 1, effective July 1.
This section is similar to former § 31-9-106 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 3 - DISCONTINUANCE OF INCORPORATION (§§ 31-3-101 — 31-3-202) › Part 2 - ABANDONMENT - TOWNS (§§ 31-3-201 — 31-3-202) › Section 31-3-201 - Procedure for determination of abandonment

(1)
When any town has failed, for a period of five years or longer immediately prior to the filing of the application under this section, to hold any regular or special election or to elect officers and to maintain any town government, such town may be determined to be abandoned as follows:
(a)
The county attorney of the county in which the town is located or any owner of land in such town may make application to the secretary of state to determine that the town is abandoned.
(b)
The secretary of state shall forthwith cause notice of the filing of such application to be published once in some newspaper of general circulation in the county and, where possible, to be posted in at least two conspicuous locations within the town. The notice shall specify the date, time, and place where said application will be heard, which date shall be not less than twenty days after the date of such publication.
(c)
The secretary of state shall hear such application and, after receiving evidence thereon, shall determine whether or not said town has been abandoned. If he determines that the town is abandoned, a copy of such determination shall be filed with the county clerk and recorder of the county in which said town was located. Thereupon, said town shall cease to exist.
(d)
The books, documents, records, papers, and corporate seal of any town so abandoned shall be deposited with the county clerk and recorder of the county within which the town or any part thereof is located, for safekeeping and reference in the future.
L. 75: Entire title R&RE, p. 1022, § 1, effective July 1.
This section is similar to former § 31-9-201 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 3 - DISCONTINUANCE OF INCORPORATION (§§ 31-3-101 — 31-3-202) › Part 2 - ABANDONMENT - TOWNS (§§ 31-3-201 — 31-3-202) › Section 31-3-202 - Consequences of determination

(1)
After such determination, all existing streets, avenues, and alleys previously located within an abandoned town shall be vested in the board of county commissioners of the county in which said town was located. The board of county commissioners may thereafter vacate any such streets, avenues, or alleys pursuant to part 3 of article
2
of title
43
, C.R.S.
(2)
Notwithstanding the provisions of section
31-3-201
, any debt or other obligations of such town outstanding at the time of such determination of abandonment shall not be abrogated, nor shall any requirement be abrogated or avoided that has been imposed upon such town by the environmental protection agency, by any court, or by any other instrumentality of the state or federal government. The town shall continue in existence solely for the purpose of satisfying such outstanding debt or other obligations or other requirements, and the powers and duties of the governing body of the town and its officers shall be performed by the board of county commissioners and the county officers in such levy and collection of taxes or the imposition and collection of such fees, rates, and charges as may be required to satisfy the outstanding debt or other obligations or other requirements in accordance with their terms.
(3)
Except as to streets, avenues, alleys, or reversionary interests, the right, title, and interest to all real property and the improvements thereon owned by any such town shall be vested in the county in which such property is situate, subject to any easements or rights-of-way then in use.
L. 75: Entire title R&RE, p. 1023, § 1, effective July 1.
This section is similar to former § 31-9-202 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 4 - ORGANIZATIONAL STRUCTURE AND OFFICERS (§§ 31-4-101 — 31-4-507) › Part 1 - ORGANIZATIONAL STRUCTURE AND OFFICERS OF STATUTORY CITIES (§§ 31-4-101 — 31-4-113) › Section 31-4-101 - Corporate authority vested

(1)
The corporate and municipal authority of cities shall be vested in a governing body, to be denominated the city council, together with such officers as may be created under the authority of this title.
(2)
The city council shall possess all the legislative powers granted to cities by law and other corporate powers of the city not conferred by law or by some ordinance of city council on some officer or agency of the city. The members of the city council shall have the management and control of the finances and all the property, real and personal, belonging to the corporation, and they shall determine the times and places of holding their meetings, which shall at all times be open to the public. The mayor and any three members may call special meetings by notice to each of the members of the city council personally served or left at his usual place of residence. The city council shall provide by ordinance for the appointment or for the election of such city officers, whose election or appointment has not been provided for by law, as are necessary for the good government of the city and for the due exercise of its municipal powers. All city officers whose terms of office are not prescribed in this title and whose powers and duties are not otherwise defined by law shall perform such duties, exercise such powers, and continue in office for such period, until their successors are appointed and qualified, as shall be prescribed by ordinance. All officers to be elected shall be elected at the regular election. The officers of cities shall receive such compensation and fees for their services as the city council shall by ordinance prescribe.
L. 75: Entire title R&RE, p. 1023, § 1, effective July 1. L. 81: (1) amended, p. 1493, § 2, effective May 28.
This section is similar to former §§ 31-5-101 and 31-5-106 as they existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 4 - ORGANIZATIONAL STRUCTURE AND OFFICERS (§§ 31-4-101 — 31-4-507) › Part 1 - ORGANIZATIONAL STRUCTURE AND OFFICERS OF STATUTORY CITIES (§§ 31-4-101 — 31-4-113) › Section 31-4-103 - Mayor - vacancy - appointment - mayor pro tem

(1)
Within thirty days of the mayor's death, disability, resignation, or other vacation of the mayor's office, the city council shall appoint a person possessed of all statutory qualifications or order a special election as soon as practicable to fill the vacancy until the term of office of a successor elected at the next regular election has commenced, as provided in section
31-4-105
, and the city council may appoint a registered elector to act as mayor until the special election. The special election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965". If the council lacks a sufficient number of members in office to establish a quorum to choose a successor or order an election, the vacancy shall be filled in the manner provided by section
31-4-108 (3)
.
(2)
The city council may appoint one of their own number acting mayor or mayor pro tem who is entitled to act as mayor in case the mayor is absent from the city or is for any reason temporarily unable to perform the duties of his office.
Amended by 2023 Ch. 87,§ 1, eff. 8/7/2023.
L. 75: Entire title R&RE, p. 1024, § 1, effective July 1. L. 79: (1) amended, p. 1172, § 3, effective July 1. L. 81: (2) amended, p. 1494, § 4, effective May 28.
This section is similar to former §§ 31-5-103 and 31-5-106 as they existed prior to 1975.
2023 Ch. 87, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the "Colorado Municipal Election Code of 1965", see article 10 of this title.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 4 - ORGANIZATIONAL STRUCTURE AND OFFICERS (§§ 31-4-101 — 31-4-507) › Part 1 - ORGANIZATIONAL STRUCTURE AND OFFICERS OF STATUTORY CITIES (§§ 31-4-101 — 31-4-113) › Section 31-4-104 - Wards

Every city shall be divided by the city council into wards, and such wards shall be numbered consecutively beginning with the number one. The boundaries of said wards shall not be changed more often than once in six years, unless change is necessary to conform to constitutional apportionment requirements. Territory added to the city shall become a part of such ward or wards as may be determined by ordinance; but this shall not prevent apportionment to conform to constitutional requirements. The boundaries and number of wards shall be changed only by majority vote of all members elected to the governing body.
L. 75: Entire title R&RE, p. 1025, § 1, effective July 1.
This section is similar to former § 31-5-104 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 4 - ORGANIZATIONAL STRUCTURE AND OFFICERS (§§ 31-4-101 — 31-4-507) › Part 1 - ORGANIZATIONAL STRUCTURE AND OFFICERS OF STATUTORY CITIES (§§ 31-4-101 — 31-4-113) › Section 31-4-105 - Election of officers - terms

The registered electors of each city shall elect, at the regular election, a mayor, a clerk, and a city treasurer from the city at large. At the same election, the registered electors of each ward of the city shall elect two members of the city council. The election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965". The officers shall hold their respective offices for terms of two years, commencing at the first meeting of the governing body following the survey of election returns, unless the governing body provides by ordinance or resolution that terms shall commence on the first Monday after the first Tuesday in January following their election.
L. 75: Entire title R&RE, p. 1025, § 1, effective July 1. L. 94: Entire section amended, p. 1191, § 90, effective July 1.
This section is similar to former § 31-3-101 (1) as it existed prior to 1975.
For the "Colorado Municipal Election Code of 1965", see article 10 of this title.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 4 - ORGANIZATIONAL STRUCTURE AND OFFICERS (§§ 31-4-101 — 31-4-507) › Part 1 - ORGANIZATIONAL STRUCTURE AND OFFICERS OF STATUTORY CITIES (§§ 31-4-101 — 31-4-113) › Section 31-4-106 - Councilman - residence - vacancies

Each councilman shall have resided in the ward in which he is a candidate for a period of at least twelve consecutive months immediately preceding the date of the election and shall be a registered elector therein; except that, in case the boundaries of the ward are changed pursuant to section
31-2-104
or
31-4-104
or as a result of annexation, any person who has resided within territory added to the ward for the time prescribed in this section shall be deemed to have met the residence requirements for the ward to which the territory was added. If any councilman, during the term of his office, removes from or becomes a nonresident of the ward in which he was elected, he shall be deemed thereby to vacate his office, effective upon the adoption by the city council of a resolution declaring such vacancy to exist. If any vacancy occurs in the office of councilman because of death, resignation, or removal or for any other reason, the same shall be filled by appointment by a majority vote of the city council or by election as provided in section
31-4-108(2)(b)
. A successor to the person so appointed or elected shall be elected at the next regular election.
L. 75: Entire title R&RE, p. 1025, § 1, effective July 1. L. 79: Entire section amended, p. 1172, § 4, effective July 1. L. 83: Entire section amended, p. 1253, § 2, effective July 1.
This section is similar to former § 31-3-104 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 4 - ORGANIZATIONAL STRUCTURE AND OFFICERS (§§ 31-4-101 — 31-4-507) › Part 1 - ORGANIZATIONAL STRUCTURE AND OFFICERS OF STATUTORY CITIES (§§ 31-4-101 — 31-4-113) › Section 31-4-108 - Expulsion from city council - vacancies in other offices

(1)
Any member of the city council may be expelled or removed from office, for good cause shown, by a vote of two-thirds of all the members elected to the city council, but he may not be removed a second time for the same offense.
(2)
(a)
In case any office of an appointive officer becomes vacant before the regular expiration of the term thereof, the vacancy shall be filled by the city council by appointment.
(b)
Within sixty days after a vacancy occurs in any elective office before the regular expiration of the term thereof, the city council shall:
(I)
Appoint a person possessed of all statutory qualifications to fill the vacancy until the term of office of a successor elected at the next regular election has commenced as provided in section
31-4-105
; or
(II)
Order a special election to be held as soon as practicable to fill the vacancy until the term of office of a successor elected at the next regular election has commenced as provided in section
31-4-105
.
(3)
If the city council, at the time the vacancy occurs or within sixty days thereafter, lacks a sufficient number of members to establish a quorum to fill the vacancy as provided in subsection (2)(b) of this section, the city clerk, without further action by the city council, shall call a special election to be held as soon as practicable to fill any vacancy in any elective office until the term of office of a successor elected at the next regular election as provided in section
31-4-105
. The city council may cancel the special election if it is able to fill the vacancy before the date of the special election.
Amended by 2023 Ch. 87,§ 2, eff. 8/7/2023.
L. 75: Entire title R&RE, p. 1026, § 1, effective July 1. L. 83: Entire section amended, p. 1254, § 4, effective July 1. L. 88: (2)(b) amended, p. 1125, § 4, effective April 4.
This section is similar to former § 31-5-108 as it existed prior to 1975.
2023 Ch. 87, was passed without a safety clause. See Colo. Const. art. V, § 1(3).