reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 7 - BONDS - REFUNDING BONDED DEBT (§§ 30-35-701 — 30-35-712) › Section 30-35-706 - Tax for payment of refunding bonds

The interest accruing on such refunding bonds issued pursuant to the provisions of this part 7 prior to the time when the proceeds of tax levies are available therefor shall be paid out of the general revenues or any other revenues of the county available therefor. For the purpose of reimbursing such general revenues or other revenues and for the payment of subsequently accruing interest, the governing body shall levy annually a sufficient tax upon all the taxable property in the county fully to discharge such interest. For the ultimate payment or redemption of such refunding bonds there shall be certified and levied annually such a tax upon all the taxable property in such county as will create a fund sufficient to pay or redeem and discharge such refunding bonds at or prior to their respective maturities; but in the event the bonds to be redeemed and the interest thereon accruing would have been paid from taxes levied upon only part of the taxable property in the county, the taxes levied for payment or redemption of the refunding bonds, and the interest accruing thereon, shall be levied in the same manner and upon only the same taxable property as would have been levied for payment of the bonds to be refunded if no refunding of said bonds had been made and accomplished. As collected, all taxes levied for payment of interest on and for the payment or redemption of the principal of such bonds shall be kept by the treasurer of the county in a special fund, to be used only in the payment of the interest upon and for the payment or redemption of the principal of such bonds. Such tax shall be levied and collected in the same manner as other county taxes are levied and collected. The ordinance authorizing the issuance of said bonds shall set forth the years in which such taxes shall be levied for the creation of said fund.
L. 81: Entire article added, p. 1479, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 7 - BONDS - REFUNDING BONDED DEBT (§§ 30-35-701 — 30-35-712) › Section 30-35-707 - Ordinance not to be altered

Any ordinance authorizing an issue of refunding bonds under the provisions of this part 7 and providing for the levy of taxes for the payment of the interest upon and the principal of such refunding bonds shall not be altered or repealed until the indebtedness thereby authorized shall have been fully paid.
L. 81: Entire article added, p. 1480, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 7 - BONDS - REFUNDING BONDED DEBT (§§ 30-35-701 — 30-35-712) › Section 30-35-708 - Combined issues - procedures

Any such refunding bonds may be issued to refund one or more issues of outstanding bonds of a county; but no two or more issues of outstanding bonds may be refunded by a single issue of refunding bonds unless the taxable property upon which tax levies are being made for payment of each such outstanding issue of bonds is identical to the taxable property on which such levies are being made for the payment of all other outstanding bonds proposed to be refunded by such single issue of refunding bonds. In the event that two or more issues of outstanding bonds of a county are to be refunded by the issuance of a single issue of refunding bonds, as provided in this section, the net interest cost and net effective interest rate on the bonds to be refunded shall be computed as if all of said bonds had originally been combined as a single issue aggregating the total of the smaller issues, and the results of this computation shall be compared with the net interest cost and net effective interest rate on the whole of the single refunding issue for purposes of determining the necessity of submitting the question of issuing such refunding bonds to a vote of the registered electors of the county.
L. 81: Entire article added, p. 1480, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 7 - BONDS - REFUNDING BONDED DEBT (§§ 30-35-701 — 30-35-712) › Section 30-35-710 - Registration of refunding bonds

Whenever any home rule county issues refunding bonds under the provisions of this part 7, the governing body shall direct that the county clerk and recorder, as a part of said county clerk and recorder's duties, register said bonds in a book to be kept by him for that purpose, and when so registered, the legality thereof shall not be open to contest by the county or by any other person or corporation in behalf of the county for any reason whatever. It is the duty of the county clerk and recorder to register said bonds, noting the principal amount, the date of issuance and maturity, and rate or rates of interest of said bonds.
L. 81: Entire article added, p. 1482, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 7 - BONDS - REFUNDING BONDED DEBT (§§ 30-35-701 — 30-35-712) › Section 30-35-711 - Redemption of refunding bonds prior to maturity - procedures

(1)
In the event that any bonds of a home rule county, either bonds issued for refunding purposes or bonds issued for other purposes as set forth in section
30-35-201(6)
, have been or are made redeemable prior to their respective maturities and the governing body determines that all or any part of such bonds should be called for redemption, according to their terms, it is the duty of the county clerk and recorder, as soon as the governing body has authorized the redemption, to cause notice to be given of such action.
(2)
Such notice shall be given by publication at least one time in a newspaper customarily used by said county for legal notices at least thirty days prior to the date on which said bonds are to be redeemed and paid. Such notice shall contain the place or places and date on which said bonds shall be redeemed and paid, shall describe the bonds by their legal designation, date, number, and amount, and shall state that after the date so fixed for redemption and payment the interest on said bonds shall cease.
(3)
After the date so fixed for redemption and payment, the bonds so called for redemption and payment shall cease to draw interest.
L. 81: Entire article added, p. 1482, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 7 - BONDS - REFUNDING BONDED DEBT (§§ 30-35-701 — 30-35-712) › Section 30-35-712 - "Net interest cost" - "net effective interest rate"

For the purposes of this part 7, the terms "net interest cost" and "net effective interest rate" have the meanings set forth in section
30-35-201(6)
.
L. 81: Entire article added, p. 1482, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 8 - BONDS - TO PAY MATURED SPECIAL ASSESSMENT (§§ 30-35-801 — 30-35-804) › Section 30-35-801 - Power to issue bonds - purpose

Subject to the provisions of this part 8, any home rule county shall have power and authority to issue its negotiable coupon bonds for the purpose of paying any special assessment bonds or obligations which it has issued or may issue, together with interest thereon, when it appears that there is not, or will not be, sufficient money for the payment of the same at maturity in the particular fund out of which payment should be made.
L. 81: Entire article added, p. 1482, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 8 - BONDS - TO PAY MATURED SPECIAL ASSESSMENT (§§ 30-35-801 — 30-35-804) › Section 30-35-802 - Question submitted

No bonds shall be issued under this part 8 until the question of issuing the same has been submitted, at a regular election of a home rule county, to a vote of those persons qualified to vote on authorization of other bonded indebtedness and approved as required by section
30-35-201(6)
.
L. 81: Entire article added, p. 1483, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 8 - BONDS - TO PAY MATURED SPECIAL ASSESSMENT (§§ 30-35-801 — 30-35-804) › Section 30-35-803 - Ordinance - taxes - interest - disposition

The issuance of any bonds voted on in accordance with this part 8 shall be authorized by an ordinance, which shall be irrepealable until the bonds therein provided for shall have been fully paid or discharged, specifying the purpose to which the funds to be raised shall be applied and providing for the levy of a tax sufficient to pay the annual interest and extinguish the principal of such bonds within fifteen but not less than ten years from the creation thereof. Such tax, when collected, shall be applied only to the purpose specified in such ordinance until such bonds shall be paid or discharged. Such bonds shall bear interest at a rate or rates and shall be exchanged or sold at a price or prices so that the net effective interest rate of the issue of bonds does not exceed the maximum net effective interest rate authorized. Interest shall be paid semiannually and shall be payable at such place, be in such denominations, and be executed by such officers as may be prescribed in such ordinance. Such bonds may be exchanged for outstanding matured and overdue special assessment bonds or obligations and interest thereon or they may be sold and the proceeds thereof used for the purpose specified in this part 8.
L. 81: Entire article added, p. 1483, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 8 - BONDS - TO PAY MATURED SPECIAL ASSESSMENT (§§ 30-35-801 — 30-35-804) › Section 30-35-804 - Construction - disposition of delinquent assessment

Nothing in this part 8 shall be construed to release or discharge any special assessment which is now, or may become, a lien on or against any property. Any home rule county issuing bonds under this part 8 shall be subrogated to the rights of the holders or owners of the outstanding special assessment bonds or obligations paid. If, after the issuance of bonds authorized by this part 8, the delinquent or defaulted special assessments, or any part thereof, are collected and the special assessment bonds or obligations payable out of the particular special assessment fund have been redeemed by means of bonds issued under this part 8, the amounts so collected shall be used to pay the principal of and the interest on the bonds authorized and the tax levies therefor shall be reduced in a like manner.
L. 81: Entire article added, p. 1483, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 9 - SPECIAL TAXING DISTRICTS (§§ 30-35-901 — 30-35-906) › Section 30-35-901 - Special taxing districts authorized

In accordance with the provisions of section 18 of article XIV of the state constitution, the governing body of a home rule county may establish special taxing districts within the county to facilitate the furnishing of services and the collection of ad valorem taxes or charges for such services, or both such taxes and charges.
L. 81: Entire article added, p. 1483, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 9 - SPECIAL TAXING DISTRICTS (§§ 30-35-901 — 30-35-906) › Section 30-35-902 - Definitions

As used in this part 9, unless the context otherwise requires:
(1)
"Registered elector" or "elector" means an individual who resides within a home rule county and is registered and otherwise qualified to vote in county elections in such county.
(2)
"Special taxing district" or "district" means a geographic area within a home rule county designated and delineated by the governing body of a home rule county to facilitate the furnishing of services and improvements and the collection of ad valorem taxes or charges for such services, or both such taxes and charges; however, such collection of taxes or charges, or both, shall not be in addition to or in lieu of any taxes or charges, or both, specifically provided for and limited by any statute for the same purpose, including, but not limited to, taxes for law enforcement authorities, roads and bridges, and the like.
L. 81: Entire article added, p. 1483, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 9 - SPECIAL TAXING DISTRICTS (§§ 30-35-901 — 30-35-906) › Section 30-35-903 - Use of districts

(1)
Such special taxing districts shall be used when a service or level of service which a county is authorized to provide is to be provided in substantially less than the entire area included within the county and where resulting ad valorem taxes or charges may vary from those imposed in other areas within the county.
(2)
As long as the service is provided to the included territory, a special taxing district may include, subject to the limitations of section
30-35-103(2)
, any territory within a county. The included territory need not be contiguous if the noncontiguous territory is essential to the provision of such services or improvements, and the same territory may lie within more than one special taxing district so long as there is no duplication of services or improvements.
(3)
No tract or parcel of real estate used for manufacturing, mining, railroad, agricultural, or industrial purposes, together with the buildings, improvements, machinery, or equipment or other personal property thereon, for which no direct benefit is provided by the services or improvements of the special taxing district, shall be included therein without the written consent of the owner thereof. If, contrary to the provisions of this subsection (3), any such tract, parcel, or other property thereon is included in any special taxing district, the owner thereof, upon petition to the governing body of the home rule county, shall be entitled to have the same excluded from the special taxing district free and clear of any contract, obligation, lien, or charge to which it might have been liable as a part of the special taxing district.
L. 81: Entire article added, p. 1484, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 9 - SPECIAL TAXING DISTRICTS (§§ 30-35-901 — 30-35-906) › Section 30-35-905 - Powers of board

When acting as the governing board of a special taxing district, the governing body of a home rule county shall have all the powers otherwise provided in this article.
L. 81: Entire article added, p. 1486, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 9 - SPECIAL TAXING DISTRICTS (§§ 30-35-901 — 30-35-906) › Section 30-35-906 - Exclusion

Real property excluded from a district shall thereafter be subject to the levy of taxes for the payment of its proportionate share of any indebtedness of the district outstanding at the time of such exclusion.
L. 81: Entire article added, p. 1486, § 1, effective June 8.
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 1 - GENERAL PROVISIONS AND CLASSIFICATION (§§ 31-1-101 — 31-1-207) › Part 1 - GENERAL PROVISIONS (§§ 31-1-101 — 31-1-102) › Section 31-1-102 - Application - legislative intent

(1)
In the recodification of this title, certain provisions which previously applied or may have been interpreted to apply to limited categories of municipalities have been applied to all municipalities, whether statutory, home rule, or special territorial charter. Except for those provisions which expressly apply only to limited categories of municipalities, it is the intent of the general assembly that the provisions of this title shall apply to home rule municipalities except insofar as superseded by charter or ordinance passed pursuant to such charter and to all statutory cities and towns and shall be available to special territorial charter cities and towns unless in conflict with the charters thereof. The general assembly further declares that in the recodification of this title and in the use of the term "municipality" in this title there is no legislative intent to affect or modify the application of the provisions of this title with respect to preemption of home rule or special territorial charter powers, which preemption may or may not have existed on the effective date of this recodification (July 1, 1975). The use of the term "municipality" in future additions or amendments to this title shall not in and of itself create a presumption for or against preemption of home rule or special territorial charter powers.
(2)
Where any power is granted in this title to a specific municipal official or group of officials, that power may be exercised within any home rule municipality by the officials, to the extent and in the manner, designated in the particular home rule charter or ordinance passed pursuant to such charter.
L. 75: Entire title R&RE, p. 1006, § 1, 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 1 - GENERAL PROVISIONS AND CLASSIFICATION (§§ 31-1-101 — 31-1-207) › Part 2 - CLASSIFICATION OF MUNICIPALITIES (§§ 31-1-201 — 31-1-207) › Section 31-1-201 - Classification of municipalities

(1)
With respect to the exercise of corporate and municipal powers, the municipalities of this state are divided into the following classifications:
(a)
Cities or towns incorporated prior to July 3, 1877, which have retained such organization;
(b)
Cities or towns organized pursuant to the provisions of article XX of the state constitution;
(c)
Cities and towns organized pursuant to the provisions of this title or of any other general law on or after July 3, 1877, which have not chosen to adopt a home rule charter under the provisions of article XX of the state constitution.
L. 75: Entire title R&RE, p. 1006, § 1, 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 1 - GENERAL PROVISIONS AND CLASSIFICATION (§§ 31-1-101 — 31-1-207) › Part 2 - CLASSIFICATION OF MUNICIPALITIES (§§ 31-1-201 — 31-1-207) › Section 31-1-202 - Cities or towns retaining prior status

Every city or town incorporated prior to July 3, 1877, which chooses to retain such organization, in the enforcement of the powers or the exercise of the duties conferred by the special charter or general law under which the same is incorporated, shall proceed in all respects as provided by such special charter or general law and shall not be affected nor the powers or duties thereof in any manner changed or abridged by any provisions of this title.
L. 75: Entire title R&RE, p. 1006, § 1, effective July 1.
This section is similar to former §§ 31-1-101 and 31-1-102 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 1 - GENERAL PROVISIONS AND CLASSIFICATION (§§ 31-1-101 — 31-1-207) › Part 2 - CLASSIFICATION OF MUNICIPALITIES (§§ 31-1-201 — 31-1-207) › Section 31-1-203 - Classification of statutory cities and towns

(1)
With respect to the exercises of certain municipal and corporate powers, granted by the provisions of this title, and to the duties of certain municipal officers, set forth in this title, all municipal corporations organized pursuant to the provisions of this title or of any other general law on or after July 3, 1877, which have not chosen to adopt a home rule charter under the provisions of article XX of the state constitution, are divided into cities and towns.
(2)
Repealed.
L. 75: Entire title R&RE, p. 1006, § 1, effective July 1. L. 81: (2) repealed, p. 1492, § 9, effective June 5.
This section is similar to former §§ 31-1-201 and 31-1-202 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 1 - GENERAL PROVISIONS AND CLASSIFICATION (§§ 31-1-101 — 31-1-207) › Part 2 - CLASSIFICATION OF MUNICIPALITIES (§§ 31-1-201 — 31-1-207) › Section 31-1-205 - Organization after change

As soon as the statement is published, as provided in section
31-1-204
, showing that any town is entitled to be organized into a city, the proper authorities of such town may adopt and publish such ordinances as may be necessary to perfect such organization with respect to the election, duties, and compensation of officers and with respect to all other necessary matters. All previously adopted ordinances of any town shall remain in force after its organization as a city so far as such ordinances may be applicable.
L. 75: Entire title R&RE, p. 1007, § 1, effective July 1. L. 81: Entire section amended, p. 1490, § 3, effective June 5.
This section is similar to former § 31-1-204 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 1 - GENERAL PROVISIONS AND CLASSIFICATION (§§ 31-1-101 — 31-1-207) › Part 2 - CLASSIFICATION OF MUNICIPALITIES (§§ 31-1-201 — 31-1-207) › Section 31-1-207 - Ordinances to reorganize - existing ordinances

As soon as the statement is published, as provided in section
31-1-206
, showing that any city may change in classification to a town, the governing body of such city may adopt and publish such ordinances as may be necessary to perfect such organization in respect to the election, duties, and compensation of officers and with respect to all other necessary matters. All ordinances of any city shall remain in force after its organization as a town so far as such ordinances may be applicable to such town.
L. 75: Entire title R&RE, p. 1008, § 1, effective July 1. L. 81: Entire section amended, p. 1491, § 6, effective June 5.
This section is similar to former § 31-1-206 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 1 - INCORPORATION (§§ 31-2-101 — 31-2-109) › Section 31-2-103 - Approval of incorporation election

(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 accordance with the law;
(b)
A copy of the notice of the election, as published;
(c)
The names of the judges of the election;
(d)
The whole number of votes cast in the election; and
(e)
The result declared on the proposal submitted as reflected by the votes cast for and against such proposal.
(2)
If it appears to the court that said election was substantially regular and fair and a majority of the ballots cast at such election were for incorporation, the court shall by order adjudge said petition and election to be valid. The clerk of the court shall thereupon give notice of the result by publication in a newspaper of general circulation in the county or, if no newspaper is published in the county, by posting in five public places within the limits of the proposed city or town. In such notice he shall designate to which classification of incorporation prescribed in section
31-1-203
the city or town belongs. Three certified copies of the notice, with proper proof of its publication, together with a certified copy of all papers and record entries relating to the matter on file in the clerk of the court's office, including a legal description and a map of the area concerned, shall be filed in the office of the county clerk and recorder of each of the counties in which the territory is situate. 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 in section
24-32-109
, C.R.S., and file a third certified copy of said notice in the office of the secretary of state.
L. 75: Entire title R&RE, p. 1010, § 1, effective July 1. L. 84: (2) amended, p. 829, § 1, effective March 22.
This section is similar to former § 31-1-105 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 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 1 - INCORPORATION (§§ 31-2-101 — 31-2-109) › Section 31-2-105 - Incorporation complete - first ordinances - when effective

(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 shall take due notice of the fact of such corporate status in all judicial proceedings.
(2)
No ordinance enacted by the governing body of such city or town at the first meeting of such body shall take effect until thirty days after passage and publication, as provided in section
31-16-105
.
L. 75: Entire title R&RE, p. 1012, § 1, effective July 1.
This section is similar to former § 31-1-107 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 1 - INCORPORATION (§§ 31-2-101 — 31-2-109) › Section 31-2-106 - Legal incorporation - validation - dedication of public property

(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 legally denied or questioned after six months from the date thereof; it is deemed a legally incorporated city or town; and its formation, organization, or incorporation shall not thereafter be questioned.
(2)
All cities and towns organized pursuant to the general laws of this state prior to July 1, 1975, are hereby validated, and the proceedings adopted therein, and obligations incurred by such cities and towns are hereby validated and confirmed.
(3)
All streets, parks, and other places designated or described as for public use on the map or plat of any city or town are public property, and the fee title thereto is vested in such city or town.
L. 75: Entire title R&RE, p. 1012, § 1, effective July 1.
This section is similar to former §§ 31-1-108 and 31-1-109 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 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 1 - INCORPORATION (§§ 31-2-101 — 31-2-109) › Section 31-2-107 - Adoption of home rule charter upon incorporation

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
.
L. 75: Entire title R&RE, p. 1013, § 1, effective July 1.
This section is similar to former § 31-1-111 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 1 - INCORPORATION (§§ 31-2-101 — 31-2-109) › Section 31-2-108 - Continued county services

(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 other regulations within the municipal limits of such city or town for a period of ninety days after the election of officers in accordance with section
31-2-104
or until superseded by ordinance, whichever is sooner; and
(b)
Continue to provide to such territory and its inhabitants, upon request by the governing body of such city or town, the same services it was providing, which services shall be continued to be rendered until the ad valorem taxes levied by such city or town for the rendering of such services are collected and become available, but in no event for a period longer than one year subsequent to the date of the city's or town's incorporation.
L. 75: Entire title R&RE, p. 1013, § 1, effective July 1.
This section is similar to former §§ 31-1-107 and 31-1-110 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 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 1 - INCORPORATION (§§ 31-2-101 — 31-2-109) › Section 31-2-109 - Assessment - taxes - collection

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, by ordinance or resolution, for the assessment of taxable property within the corporate limits of said city or town. When such assessment is made and approved by the governing body, it may proceed to levy the necessary taxes for the fiscal year, which levy shall be certified by the clerk of such city or town to the county assessor, who shall extend the same upon the tax list of the current year, as required by section
31-20-104
. The county treasurer shall proceed in the collection of such taxes in all respects as provided by law for the collection of taxes in cities and towns. It is not necessary for any such city or town to pass the annual appropriation ordinance or resolution required by section
29-1-108
, C.R.S. This section shall apply only to the assessment and collection of taxes for the first fiscal year after such incorporation or reorganization.
L. 75: Entire title R&RE, p. 1013, § 1, effective July 1. L. 90: Entire section amended, p. 1435, § 3, effective 1/1/1991.
This section is similar to former § 31-4-109 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 31-2-201 - Short title

This part 2 shall be known and may be cited as the "Municipal Home Rule Act of 1971".
L. 75: Entire title R&RE, p. 1013, § 1, effective July 1.
This section is similar to former § 31-2-101 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 2 - MUNICIPAL HOME RULE (§§ 31-2-201 — 31-2-225) › Section 31-2-202 - Legislative declaration

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 municipal home rule charters, and, to this end, this part 2 shall be liberally construed. The provisions of this part 2 shall supersede the requirements of article XX of the state constitution, as they relate to procedures for the initial adoption of home rule charters and for the amendment of existing home rule charters, as provided in section 9 (3) of article XX of the state constitution.
L. 75: Entire title R&RE, p. 1013, § 1, effective July 1. L. 94: Entire section amended, p. 1191, § 88, effective July 1.
This section is similar to former § 31-2-102 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 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 2 - MUNICIPAL HOME RULE (§§ 31-2-201 — 31-2-225) › Section 31-2-203 - Definitions

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, publication shall be by posting in at least three public places within the municipality.
L. 75: Entire title R&RE, p. 1014, § 1, effective July 1. L. 2000: Entire section amended, p. 791, § 4, effective August 2.
This section is similar to former § 31-1-103(2) 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 31-2-204 - Initiation of home rule

(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 governing body of the municipality, without the prior submission of a petition therefor.
(2)
Within thirty days after the initiation of the proceedings, in accordance with either paragraph (a) or (b) of subsection (1) of this section, the governing body of the municipality shall call an election for the purpose of forming a charter commission and of electing members thereof to frame a charter for the municipality, which election shall be held within one hundred twenty days after the date of the call of the election. The governing body shall cause notice of the election to be published not less than sixty days prior to the election.
(3)
Candidates for the charter commission shall be nominated by filing with the clerk, on forms supplied by the clerk, a nomination petition signed by at least twenty-five registered electors and a statement by the candidate of consent to serve if elected. Said petition and statement shall be filed within thirty days after publication of the election notice. A second notice of the election, as soon as possible after the completion of filings, shall be published by the governing body and shall include the names of candidates for the charter commission.
L. 75: Entire title R&RE, p. 1014, § 1, effective July 1. L. 84: (1)(a) amended, p. 831, § 1, effective April 25. L. 85: (1)(a) amended, p. 1346, § 13, effective April 30.
This section is similar to former § 31-2-104 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 2 - MUNICIPAL HOME RULE (§§ 31-2-201 — 31-2-225) › Section 31-2-205 - Election on formation of charter commission and designation of members

(1)
At the election voters shall cast ballots for or against forming the charter commission. If a majority of the registered electors voting thereon vote for forming the charter commission, a commission to frame a charter shall be deemed formed.
(2)
At the election voters shall also cast ballots for electing the requisite number of charter commission members. Those candidates receiving the highest number of votes shall be elected. In the event of tie votes for the last available vacancy, the clerk shall determine by lot the person who shall be elected.
L. 75: Entire title R&RE, p. 1014, § 1, effective July 1.
This section is similar to former § 31-2-105 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 2 - FORMATION AND REORGANIZATION (§§ 31-2-101 — 31-2-407) › Part 2 - MUNICIPAL HOME RULE (§§ 31-2-201 — 31-2-225) › Section 31-2-207 - Charter election - notice

(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 more than one hundred eighty-five days after publication of the notice thereof. Such notice of the election shall contain the full text of the proposed charter.
(1.5)
The governing body shall set the ballot title for the proposed charter within sixty days after the date that the proposed charter is submitted pursuant to subsection (1) of this section.
(2)
If a majority of the registered electors voting thereon vote to adopt the proposed charter, the charter shall be deemed approved and it shall become effective at such time as the charter provides.
(3)
If a majority of the registered electors voting thereon vote to reject the proposed charter, the charter commission shall proceed to prepare a revised proposed charter, utilizing the procedures set forth in section
31-2-206
, and the governing body shall submit the revised proposed charter to an election in the manner set forth in subsection (1) of this section. If a majority of the registered electors voting on such revised proposed charter vote to adopt the revised proposed charter, it shall be deemed approved and it shall become effective at such time as the revised charter provides. If a majority of the registered voters voting thereon vote to reject the revised proposed charter, the charter commission shall forthwith be dissolved.
Amended by 2015 Ch. 230,§ 4, eff. 8/5/2015.
L. 75: Entire title R&RE, p. 1016, § 1, effective July 1. L. 2000: (1.5) added, p. 791, § 5, effective August 2. L. 2011: (1) amended, (HB 11-1122), ch. 63, p. 164, §2, effective September 1. L. 2015: (1) amended, (HB 15-1130), ch. 230, p. 854, § 4, effective August 5.
This section is similar to former § 31-2-107 as it existed prior to 1975.
For the legislative declaration in HB 15-1130, see section 1 of chapter 230, Session Laws of Colorado 2015.
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 31-2-208 - Filings - effect

(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 charter.
L. 75: Entire title R&RE, p. 1016, § 1, effective July 1.
This section is similar to former § 31-2-108 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 2 - MUNICIPAL HOME RULE (§§ 31-2-201 — 31-2-225) › Section 31-2-209 - Special procedure for adopting a charter upon incorporation

(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
31-2-101
, except that:
(a)
The petition shall be signed by at least five percent of the registered electors of the territory to be embraced within the boundaries of the proposed municipality, notwithstanding any provision of section
31-2-101
; and
(b)
The petition for incorporation shall request the initiation of proceedings for the adoption of a home rule charter pursuant to the provisions of this part 2.
(3)
The election commissioners appointed by the court pursuant to section
31-2-102
shall exercise, to the extent practicable, the powers, functions, and responsibilities otherwise assigned by this part 2 to the governing body or clerk, and the procedures for incorporation and adoption of a home rule charter shall be modified as necessary to effectuate concurrent consideration.
(4)
At the incorporation election, conducted under the provisions of section
31-2-102
, the registered electors shall vote upon:
(a)
The question of incorporation, as set forth in section
31-2-102(5)
;
(b)
The question of whether a charter commission should be formed, as set forth in section
31-2-205(1)
; and
(c)
The election of charter commission members, as set forth in section
31-2-205(2)
.
(5)
If a majority of the registered electors voting thereon vote for incorporation and for formation of a charter commission, the first election of officers shall be stayed pending drafting and approval of the charter pursuant to sections
31-2-206
and
31-2-207
. Upon ratification of the charter or after rejection of a charter and revised charter pursuant to section
31-2-207
, the election commissioners shall proceed to the first election of officers and to completion of incorporation pursuant to part 1 of this article.
(6)
If a majority of the registered electors voting thereon vote for incorporation but against the formation of a charter commission, the procedures set forth in part 1 of this article shall be followed as if the petition for incorporation had not included a request for the adoption of home rule at the time of incorporation.
L. 75: Entire title R&RE, p. 1016, § 1, effective July 1. L. 84: (2)(a) amended, p. 831, § 2, effective April 15. L. 85: (2)(a) amended, p. 1346, § 14, effective April 30.
This section is similar to former § 31-2-109 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 31-2-211 - Elections - general

(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 this part 2 for existing municipalities or for municipalities incorporated pursuant to part 1 of this article shall be paid out of the treasury of the municipality.
(3)
A special election shall be called for any election held pursuant to this part 2 when a regular election is not scheduled within the time period provided for such election.
L. 75: Entire title R&RE, p. 1017, § 1, effective July 1.
This section is similar to former § 31-2-111 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 2 - MUNICIPAL HOME RULE (§§ 31-2-201 — 31-2-225) › Section 31-2-212 - Initiative, referendum, and recall

Every charter shall contain procedures for the initiative and referendum of measures and for the recall of officers.
L. 75: Entire title R&RE, p. 1018, § 1, effective July 1.
This section is similar to former § 31-2-112 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 31-2-213 - Determination of population

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 be. Such determination shall be final in the absence of fraud or gross abuse of discretion.
L. 75: Entire title R&RE, p. 1018, § 1, effective July 1. L. 84: Entire section amended, p. 831, § 3, effective April 25. L. 85: Entire section amended, p. 1346, § 16, effective April 30.
This section is similar to former § 31-2-113 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 31-2-214 - Time limit on submission of similar proposals

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.
L. 75: Entire title R&RE, p. 1018, § 1, effective July 1.
This section is similar to former § 31-2-114 as it existed prior to 1975.